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Written Answers

Volume 624: debated on Tuesday 10 April 2001

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Written Answers

Tuesday, 10th April 2001.

Eu And Us: Transfer Of Data

asked Her Majesty's Government:What are the prospects for continued transfer of data between the European Union and the United States, particularly in circumstances where data protection issues are relevant, given the recent comments by Congressman Bill Tauzin of the United States House of Representatives concerning the existing and proposed European Regulation on Data Protection. [HL1237]The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton): The Government are aware of comments attributed to Congressman Tauzin and others about the rules on the export of personal data to third countries set by the 1995 European Commission (EC) Data Protection Directive. The Government do not believe that those rules will impede transfers of personal data from the European Union to the United States. Last year's decision by the European Commission that the United States' safe harbour arrangements provide adequate data protection for the purposes of the directive, and the Commission's current work on the development of standard contractual clauses for data exports, are intended to facilitate such transfers.

Hunting Bills

asked Her Majesty's Government:Further to the statement by Lord Falconer of Thoroton on 12 March (H.L. Deb., col. 675) that there have been 22 Bills in the last 20 years in relation to hunting, what was the (a) title, (b) date and House of introduction, and (c) subject matter, of each Bill. [HL1273]Lord Bassam of Brighton: In the table attached is a list of the 22 Bills introduced since 1979 to which the noble and learned Lord, Lord Falconer, was referring:

SessionMember
Session 1979–80
Hare Coursing (Abolition) BillJohn Farr MP
Session 1988–89
Hare Coursing BillRobin Corbett MP
Session 1989–90
Abolition of Deer Hunting BillJeremy Corbyn MP
Hare Coursing BillHarry Cohen MP
Session 1990–91
Abolition of Deer Hunting BillJeremy Corbyn MP
Hare Coursing BillHarry Cohen MP

Session

Member

Session 1991–92
Hare Coursing BillHarry Cohen MP
Wild Mammals (Protection) BillKevin McNamara MP
Session 1992–93
Fox Hunting BillTony Banks MP
Hare Coursing BillHarry Cohen MP
Hare Coursing (No. 2) BillColin Pickthall MP
Session 1993–94
Hare Coursing BillHarry Cohen MP
Session 1994–95
Protection of Animals BillsTony Banks MP
Protection of Animals (Amendment) BillHarry Greenway MP
Protection of Animals (Urban Areas) BillRoger Knapman MP
Wild Mammals (Protection) BillJohn McFall MP/
Baroness Nichol
Session 1995–96
Wild Mammals (Protection) BillAlan Meale MP/
[Royal Assent - 29/2/1996]Baroness Nichol
Session 1997–98
Hare Coursing BillColin Pickthall MP
Wild Mammals (Hunting with Dogs) BillMichael J. Foster MP
Session 1998–99
Hare Coursing BillClaire Curtis-Thomas MP
Session 1999–2000
Hare Coursing BillHarry Cohen MP
Wild Mammals (Hunting with Dogs) BillKen Livingstone MP

On closer examination, four of these were found not to be concerned with hunting and hare coursing. They are the three Bills introduced in 1994–95 on protection of animals and the Wild Mammals (Protection) Bill introduced in 1995.

Abnormal Loads: Communication With Escort

asked Her Majesty's Government:Further to the Written Answer by Lord Bassam of Brighton on 5 March (

WA 7) regarding evidence supporting his assertion that mobile phones are routinely used as a mode of communication between a police escort and the escorted load while in motion, whether the confirmation from the Association of Chief Police Officers (ACPO) was in writing; and, if so, what was the ACPO Secretariat's file reference; if it was by means of verbal briefing, when such a briefing was given, by whom and how it can be said to be evidence. [HL1642]

The Association of Chief Police Officers (ACPO) confirmed in writing that there is no direct radio link between an abnormal load and an escorting police vehicle and that the communication available is through the use of mobile phones between the abnormal load's second man and the police, via the police control room and the police radio system, to the police escort vehicle. The letter, dated 17 November 2000, came direct from those officers who speak for ACPO on this issue and it does not, therefore, include an ACPO Secretariat file reference.

Regulation Of Investigatory Powers Act

asked Her Majesty's Government:For what reason the Home Office is now declining to commission an independent inquiry into the effects of the Regulations of Investigatory Powers Act 2000, despite having previously accepted the recommendation from the Better Regulation Task Force that a review of Parts I and III of the Act should be considered; and [HL1653]How the effectiveness of the Regulation of Investigatory Powers Act 2000 in terms of its impact upon law enforcement and cybercrime can be properly assessed in the absence of the independent review of its operation as recommended by the Better Regulation Task Force; and [HL1654]Whether the decision of the Home Office not to commission an independent inquiry into the effects of the Regulation of Investigatory Powers Act 2000 is consistent with the Act's provisions for a technical advisory board. [HL1655]

The Government's position has always been that reviewing the Regulation of Investigatory Powers Act 2000 (RIPA) is a role which properly falls to government themselves to take on. To be meaningful, any such review must have command of the full picture, including the use by the United Kingdom's law enforcement, security and intelligence agencies of investigatory techniques which are, by their very nature, covert and sensitive.As indicated in the response to the report on e-commerce from the Better Regulation Task Force, the Government will keep Parts I and III of RIPA under review in order to assess the effectiveness of the provisions and their effect on business. As the Government noted in giving this undertaking, independent commissioners already have a statutory responsibility to oversee the operation of the powers in Parts I and III of RIPA and to report annually on how the Act is working.As the Government have also indicated, the technical advisory board to be established under Section 13 of RIPA, comprising a balance of industry and government representatives under an independent chairperson, will have an important role in assessing and advising the Secretary of State on any requirements placed on communications service providers to maintain a reasonable interception capability.

asked Her Majesty's Government:Whether Directive 93/34/EC, as amended by Directive 98/48/EC, was applied to the Regulation of Investigatory Powers Act 2000 before its introduction into Parliament as a Bill; and, if not, why not. [HL1691]

The European Commission was notified of the Regulation of Investigatory Powers Act 2000 upon its publication in February 2000.

Asylum Seekers: Exceptional Leave To Remain

asked Her Majesty's Government:How many asylum seekers were granted exceptional leave to remain in the year 2000; how many of those granted exceptional leave to remain during 2000 requested family reunion; to how many of those granted exceptional leave to remain during 2000 and who requested family reunion was family reunion entry granted; and how many cases of requests for family reunion from those granted exceptional leave to remain have been the subject of cases under the Human Rights Act 1998. [HL1639]

The number of principal asylum seekers granted exceptional leave to remain in the year 2000 was 18,415 (provisional data).Information regarding family reunion in relation to the granting of exceptional leave to remain is not available and could be obtained only by examination of individual case records and is, therefore, available only at disproportionate cost.

Immigration Advice: Regulation

asked Her Majesty's Government:What plans they have on the regulation of immigration advisers and immigration services providers. [HL1742]

We announced on 6 March 2001 (Official Report, col. 121W) that the scheme for regulating immigration advisers under Part V of the Immigration and Asylum Act 1999 would be brought into force on 30 April 2001. We have now signed a commencement order to that effect. From that date, it will be a crimial offence to provide immigration advice or immigration services in the course of a business in breach of the requirements of the Act.It has never been the Government's intention that Members of Parliament should be subject to the regulatory scheme. Our advice is that Members of both Houses of Parliament, Members of the European Parliament, Members of the devolved legislatures, local councillors and their staff are not subject to the regulatory scheme when providing immigration advice or services in connection with their parliamentary and constituency duties. Immigration advice and services given in other circumstances, however, may be subject to the scheme.We have also signed two exemption orders under Section 84(4)(d) of the Act, which will come into effect on 30 April 2001.The Immigration and Asylum Act 1999 (Part V exemption: educational institutions and health sector bodies) Order 2001 will exempt certain educational establishments and a number of public sector health bodies from the prohibition on giving immigration advice on services unless qualified. While there are some small differences between various parts of the United Kingdom, the main bodies exempted under the order are:

  • universities, colleges and other bodies authorised to award degrees;
  • colleges of further education;
  • finally registered independent schools;
  • the students' unions of all such bodies, as above; and
  • National Health Service health authorities, trusts and boards.

The Immigration and Asylum Act 1999 (Part V exemption: eligible voluntary bodies and relevant employers) Order 2001 will give a temporary exemption from the prohibition until the end of January 2002 to:

voluntary bodies which, by 30 April 2001, have provided the Legal Services Commission with written confirmation of their firm intention to apply for the Community Legal Service Quality Mark (i.e. have committed themselves to apply for the Quality Mark); and employers and prospective employers of work permit holders.

Although these orders exempt the bodies concerned from the general prohibition on giving immigration advice and services and the associated criminal sanctions for breaching the prohibition, the exempted organisations, nevertheless, have to comply with the code of standards published by the Immigration Services Commissioner.

Capital Modernisation Fund

asked Her Majesty's Government:What is the impact of the Capital Modernisation Fund on the Home Department. [HL1743]

Modernising the criminal justice system is a cornerstone of effective crime fighting and in reducing the fear of crime. Capital Modernisation Fund investment in innovative departmental programmes is ensuring that crimes are detected, offenders prosecuted and victims supported more quickly, effectively and efficiently.The Home Department has benefited from over £220 million investment from Round 1 of the Capital Modernisation Fund, including £150 million funding for a joint project with the Department for the Environment, Transport and the Regions to reduce vehicle crime and improve security on housing estates.It has also benefited from over £162 million investment from Round 2 of the Capital Modernisation Fund, including £25 million for the National Technical Assistance Centre to assist law enforcement agencies' ability to fight crime in the information age.Four million pounds worth of investment has already been secured from Round 3 of the Capital Modernisation Fund for the development by the Youth Justice Board of two small mother and baby units for girls under 18 which will enable sentenced or remanded young mothers to remain with their young babies where appropriate. The first unit should open by early 2003. A further £18 million has been secured to fund the capital costs of the Youth Justice Board's expansion of the secure juvenile estate.We intend to announce details of further allocations to the Home Department from Round 3 of the Capital Modernisation Fund bidding process shortly.

Corruption White Paper

asked Her Majesty's Government:What is their response to comments on the White Paper,

Raising Standards and Upholding integrity: the Prevention of Corruption (CM 4759). [HL1744]

The main proposals in the White Paper were to reform the law of corruption in the light of recommendations made by the Law Commission; to put beyond doubt that the crime of corrupting public officials extends to foreign public officials; to introduce a new offence of trading in influence; and to take jurisdiction over United Kingdom nationals who commit bribery offences abroad.We received six comments on the White Paper, most of which were broadly favourable to our main proposals. The main points made by commentators, and the Government's reaction to them, are contained in a paper which has today been placed in the Library.My right honourable friend the Home Secretary has decided to make two changes to the scheme set out in the White Paper in the light of comments received. First, the legislation will include proposals for a new offence of trading in influence which will apply to both the public and the private sectors. As the extension of the offence to the private sector is a new proposal, my right honourable friend will listen most carefully to the arguments on both sides when the Bill comes before the House. Secondly, the legislation will extend not only to England and Wales but to Northern Ireland as well.My right honourable friend will bring forward legislation to implement the proposals at the earliest opportunity.

Asylum And Immigration Act: Employers' Responsibilities

asked Her Majesty's Government:What plans they have to ensure that employers do not unlawfully discriminate when using the statutory defence against prosecution under Section 8 of the Asylum and Immigration Act 1996. [HLI745]

Section 8 of the Asylum and Immigration Act 1996 (the 1996 Act) allows for the prosecution of employers who knowingly employ individuals without permission to work in the United Kingdom. A statutory defence against prosecution is available which requires that the employer obtains a copy of a document showing that the individual is entitled to take work.There were concerns that, in seeking to avail themselves of this defence, employers were unlawfully discriminating by making more checks on job applicants than the defence in Section 8 requires or by targeting checks on racial grounds. That is why we undertook, in the Immigration and Asylum Act 1999, to issue a code of practice to employers on how to avoid racial discrimination when seeking to apply the defence.In the light of that commitment, the Government have prepared a code of practice that sets out the responsibilities of employers under the Race Relations Act 1976 and the 1996 Act and describes how employers can use the statutory defence in a way that avoids racial discrimination. In preparing the draft code of practice and summary, we consulted the Commission for Racial Equality, the Equality Commission for Northern Ireland and a number of other organisations.We propose that this code of practice should come into force on 2 May. We plan to distribute copies to interested organisations, together with a summary, which should ensure that all employers can easily understand their responsibilities in avoiding racial discrimination. A copy of the code of practice has been placed in the Library.

Afghanistan

asked Her Majesty's Government:What response they have made through the United Nations and other channels to the acute food shortages in western Afghanistan and to the needs of displaced people around Herat. [HL1625]

DfID has provided almost £5 million of humanitarian assistance for Afghanistan in response to the effects of the severe drought, which is affecting the whole of the country. This support has been channelled through the World Food Programme and NGOs for emergency food assistance, through other UN agencies for emergency shelter and urgently needed relief supplies and through the Red Cross for emergency seed distribution. Displaced people around the city of Herat and in surrounding districts are among those Afghans specifically targeted for assistance.

asked Her Majesty's Government:Whether increased sanctions against Afghanistan could have an adverse effect on humanitarian aid and on the Afghan people. [HL1626]

The UK worked hard to influence the design of the additional UN sanctions against the Taliban in such a way as to ensure that the impact on ordinary Afghans is minimised. The UN recently published a report on the humanitarian impact of the additional sanctions, which came into effect on 19 January 2001. The report concludes that the humanitarian situation has not been noticeably and additionally affected by the imposition of the new sanctions. We will continue to monitor the situation carefully, bearing in mind that any direct and indirect negative impact of the sanctions may take some time to come to light.

asked Her Majesty's Government:Whether they agree with the Government of Pakistan that it is safe for refugees to return, or whether they will provide further assistance to camps in Pakistan, including those which receive new refugees. [HL1627]

The UK Government are concerned that Afghanistan's economy and infrastructure are not yet ready to support large numbers of returnees. We are continuing to provide assistance to Afghan refugees as a core part of our humanitarian assistance programme for Afghans. DfID is providing support through UN agencies and NGOs to address the health, education and emergency food needs of Afghan refugees in both Pakistan and Iran. This includes assistance to camps that have received new arrivals.

British Association For Shooting And Conservation

asked Her Majesty's Government:What steps (a) they have taken and (b) they plan to take to determine the accuracy of the annual returns made in each of the last six years by the British Association for Shooting and Conservation Ltd (Industrial and Provident Societies Act 1965 registration (No. 28488R). [HL1415]

It is the auditors of an industrial and provident society that bear the statutory responsibility to state whether a society's accounts give a true and fair view and comply with the requirements of the 1965 and 1968 Acts. Should complaints arise which imply financial irregularities, it would be the Registry of Friendly Societies' recommendation that the allegations be drawn to the attention of the police.

Children And Family Court Advisory And Support Service

asked Her Majesty's Government:When they intend to publish the framework document for the Children and Family Court Advisory and Support Service (CAFCASS). [HL1741]The Lord Chancellor (Lord Irvine of Lairg): The framework document for CAFCASS has been published today. Copies have been placed in the Library and sent to interested parties. Further copies are available from the department on request.

Cluster Bombs

asked Her Majesty's Government:What percentage of the bomblets, or sub-munitions, in cluster weapons fail to explode on impact. [HL1487]

It is assessed that, on average, around 5 per cent of the bomblets in the BL755 cluster bomb fail to explode on impact.

Mod Police And Other Police Forces: Co-Ordination

asked Her Majesty's Government:Whether they will place in the Printed Paper Office copies of Home Office Circular 17/99

Co-ordinated Policing Protocol between the Ministry of Defence Police and Home Office Police Forces; of Scottish Executive Police Circular 14/99 Protocol between Ministry of Defence Police and the Police Forces in Scotland and of the comparable document for Northern Ireland. [HL1581]

asked Her Majesty's Government:Whether they will undertake to make the proposed terms of the Home Office and other circulars on co-ordinating policing between the Ministry of Defence Police and (a) Home Office police forces, (b) the police forces in Scotland and (c) in respect of Northern Ireland (all to be revised to reflect the provisions of the Armed Forces Bill when enacted) available for comment for a specified period before their formal promulgation. [HL1583]

Revised policing protocols will be negotiated with the Association of Chief Police Officers in respect of England and Wales, the Scottish Executive and the Association of Chief Police Officers in Scotland in respect of Scotland and the Royal Ulster Constabulary in respect of Northern Ireland and will then be published. As operational policing documents the protocols will not be suited to public consultation. The parties involved will however, by their composition, ensure that a wide spread of opinion is brought to bear.

Tri-Service Discipline: Proposed Legislation

asked Her Majesty's Government:In relation to a possible new tri-service Armed Forces discipline Bill whether they will undertake to review from first principles the issue of which matters requiring subordinate legislation should be dealt with by (a) the affirmative order procedure, (b) the negative order procedure, and (c) Defence Council regulations, together with the matter of parliamentary accountability in respect of these last. [HL1585]

I can confirm that these issues will be considered as part of the work on the proposed tri-service Bill.

Mod Police: Additional Powers

asked Her Majesty's Government:Whether they will undertake to include in future years in the performance indicators and miscellaneous statistics given in the Annual Report to Parliament of the Chief Constable of the Ministry of Defence Police, summarised particulars of (a) cases where the Ministry of Defence Police has used the extension of its jurisdiction in relation to non-service persons conferred by Section 31(3) of the Armed Forces Bill when enacted, (b) applications by chief police officers of listed forces to the Ministry of Defence Police for assistance under new Section 2A of the Ministry of Defence Police Act 1987 (as proposed to be inserted by the tri-service Armed Forces discipline Bill) for general support showing the numbers of such requests, analysed by requesting forces; and, where the assistance has been provided, the particular purpose, the numbers of Ministry of Defence Police provided and the duration of such assistance. [HL1586]

Use made of all the additional powers conferred by the Armed Forces Bill, if enacted, will be analysed in future editions of the Annual Report and Accounts of the Chief Constable of the Ministry of Defence Police

Logistic Vehicle Procurement For The Army

asked Her Majesty's Government:Whether they have changed their policy regarding the procurement of logistic vehicles for the Army; and, if so, what is the current policy. [HL1620]

No. The Government's policy remains to procure capability that meets the essential needs of the Armed Forces at a price that represents the best value for money for the taxpayer throughout its service life.With regard to heavy logistic vehicles, the Ministry of Defence will shortly invite industry to bid for programmes to deliver modern, reliable and environmentally friendly wheeled tankers and support vehicles worth some £2 billion for all the armed services. This follows a decision that continuing with our previous plan to supply the capability under the private finance initiative would not meet the services' requirements at best value for money, a decision which I am confident is good for the services, for industry and for the taxpayer.

Meat Imports From South Africa

asked Her Majesty's Government:How much meat and derivatives have been imported per month from South Africa since September 1999. [HL1411]

The Minister of State, Ministry of Agriculture, Fisheries and Food
(Baroness Hayman)

Overseas trade statistics show that the quantity of meat and meat products imported per month from South Africa between September 1999 and February 2001 were as follows:

Tonnes
of which:
YearMonthTotal importsBeef and vealBeef meat and offal preparations
1999September000
October000
November000
December000
2000January17017
February15150
March000
April58580
May440
June17017
July000
August000
September000
October725617
November000
December34034*
2001January34034*
February34034*
Total285133152
Source: HM Customs and Excise.
Note: *Refers to canned meat, originally from Zimbabwe but shipped to the United Kingdom from South Africa and therefore recorded by Customs and Excise as a South African import.

French Ban On Uk Beef Imports

asked Her Majesty's Government:To whom the compensation will be paid if the Government win the court case against the French Government on the question of their ban on importing British beef. [HL1689]

The case against France for failure to lift its ban on imports of UK beef is being pursued by the EU Commission and not by the UK, although the UK is intervening. Compensation is not an issue in these proceedings. It would be for those in the industry with a direct commercial interest to pursue any subsequent claims for compensation.

Forestry Commission Research Agency

asked Her Majesty's Government:What targets were set for the Forestry Commission Research Agency for 2000–01; and what targets have been set for 2001–02. [HL1746]

The targets for the Forestry Commisson Research Agency in 2000–01 and 2001–02 are as follows:

2000–01

  • 1. To achieve a customer satisfaction rating of at least 96 per cent.
  • 2. To increase the output of peer reviewed scientific papers submitted and subsequently accepted for publication by 10 per cent on the 1998–99 actual.
  • 3. To have the work of Woodland Ecology Branch and the statisticians reviewed by visiting groups.
  • 4. To hold the weighted average cost of a researcher day to the same level as 1999–2000 in real terms.
  • 5. To achieve a 2 per cent reduction in real terms in the cost of support services.
  • 6. To achieve 100 per cent cost recovery, including a return on capital employed of 6 per cent in real terms.
  • 2001–02

  • 1. To achieve a satisfaction rating for FC customers of at least 96 per cent.
  • 2. To maintain the output of peer reviewed scientific papers submitted and subsequently accepted for publication at 2000–01 levels.
  • 3. To have the work of Pathology Branch and Environmental Research Branch reviewed by visiting groups.
  • 4. To hold the weighted average cost of a researcher day and support services at 2000–01 levels in real terms.
  • 5. To achieve at least 99 per cent cost recovery including a return on capital employed of 6 per cent in real terms.
  • Copies of the Forest Research Agency's Corporate Plan for 2001–04, which contains more information about the agency's targets, will be placed in the Library of the House when it is published in May.

    Rail Industry Organisations

    asked Her Majesty's Government:What are the purposes, roles and responsibilities, the sources of funding and the names and employers of the chairmen, directors and members of the following rail industry organisations:

  • (a) Rail Safety Ltd;
  • (b) Rail Industry Standards Strategy Committee;
  • (c) Safety Advisory Board; and
  • (d) system authorities, for example, Wheel-Rail Interface, together with the relationships between these organisations and with others in the industry. [HL1580]
  • The Minister of State, Department of the Environment, Transport and the Regions
    (Lord Macdonald of Tradeston)

    :(a) Railway Safety is a new non-profit-making company limited by guarantee set up under the terms of its network licence. It is a wholly owned subsidiary of Railtrack Group plc but operationally separate from Railtrack plc. The Rail Regulator enforces the requirements on Railway Safety and on Railtrack in connection with Railway Safety through Railtrack's network licence.The purpose of Railway Safety is:

    • to lead and develop the existing long-term safety strategy for the industry;
    • to establish and review new and existing Railway Group Standards under the Railway Group Standards Code, enforced by the Rail Regulator;
    • to be an agent for change by raising safety standards through research, development, education and raising awareness;
    • to carry out independent assessment of Railtrack's train and station operators' safety cases prior to consideration by the Health and Safety Executive; and
    • to lead, advise and support the industry through standard setting, leadership, promotion of best practice and guidance.

    The Chairman of Railway Safety is Sir David Davies. Its executive directors are Rod Muttram (Chief Executive), Aidan Nelson (Director, Policy and Standards) and Dr Matt Walter (Director, Safety Management Systems). Industry non-executive directors are Alison Forster (Operations and Safety Director, First Great Western), John Penney (Alternate Chairman, GT Railway Maintenance) and Gordon Sage (Director of Industrial Minerals, Rio Tinto). Independent non-executive directors are Tom Cox (Professor of Organisational Psychology), Sir Frank Davies (former Chairman, Health and Safety Commission), Richard Profit (Group Director Safety Regulation CAA) and Hans Ring (Director of Safety, Swedish National Rail Administration). Railway Safety is funded by Railtrack, which raises the costs through access charges approved by the Regulator.

    (b) The Railway Industry Standards Strategy Committee (RISSC), set up under the Railway Group Standard Code, provides advice to Railway Safety on strategic standards issues. In particular, it advises on strategic issues which could result in significant changes to technology or working practices and potentially result in changes to Railway Group Standards with significant costs for those affected.

    Its independent chairman is Cliff Perry from AEA Technology Rail. The committee, which meets at least three times a year, reports to the Safety Advisory Board (SAB). Membership of the committee comes from across the industry (train and freight operating companies, rolling stock leasing companies and Railtrack). The Railway Inspectorate, the Rail Regulator and the Strategic Rail Authority all have observer status.

    The activities of RISSC are funded by Railway Safety.

    (c) Safety Advisory Board (SAB) is representative of the railway industry parties who may be materially affected by the safety policies and decisions of Railway Safety through, for example, the Railway Group Safety Plan or Railway Group Standards. The board brings together a wide spectrum of expertise from across the railway industry and focuses that expertise on providing advice and guidance to the board on its policies on strategic safety issues and on the prioritisation of Railway Safety's activities in relation to them.

    SAB is not empowered to direct Railway Safety, nor is it charged with determining safety policies or strategies in its own right.

    Railway Safety facilitates the SAB and its processes and provides the resources and information necessary for its operation.

    Formal membership of the SAB comprises individuals nominated by industry bodies representing the rail industry's various sectors. These representatives come from train and freight operating companies, infrastructure contractors, rolling stock leasing companies, trade unions, Railtrack, the Railway Industry Association, the Strategic Rail Authority and the Railway Inspectorate.

    Members are required to act collectively to promote safety rather than to represent specific company or constituency interests. They must ensure they have effective arrangements in place to communicate with their representative bodies.

    SAB is chaired by Railway Safety non-executive director Professor Tom Cox and meets four times each year.

    (d) The need for system authorities comes from the need to get the best solution for complex interfaces in railway systems. The purpose of a system authority is to co-ordinate the development, installation and modification of a specific project. A system authority is a joint industry body which makes recommendations as to the best safety and economic approach resolving conflicting views along the way. Thus it is effectively a system architect. Recommendations are taken forward through existing channels such as Railway Group Standards. No system authority is yet fully in place but the wheel-rail interface authority is the most advanced. Similar systems authorities are being developed for TPWS and tilting trains. A railway group standard for the operation of system authorities is being developed.

    A members agreement for the wheel-rail interface system authority is being finalised. Membership would be split into five sectors to ensure that all interested parties are represented: Railtrack, freight train operators, passenger train operators, the Railway Industry Association representing the supply chain, and the rolling stock leasing companies. Each sector would elect a director and this group would elect a chair, who would be independent. The authority would also have a number of non-voting participants: the Strategic Rail Authority, the Rail Regulator, the Railway Inspectorate and Railway Safety.

    The funding arrangements for the first year are set out in the members agreement. It is proposed that two-thirds of the cost will be allocated to Railtrack and its suppliers and one-third of the cost will be allocated to passenger train operating companies and suppliers.

    Lifeboat Accidents

    asked Her Majesty's Government:What is their reaction to the Marine Accident Investigation Branch's recent report into lifeboat accidents during training. [HL1616]

    The report into lifeboat and launching system accidents is currently under examination by the Maritime and Coastguard Agency. A detailed response will be made when all the issues raised have been considered.

    asked Her Majesty's Government:What information they have regarding the number of incidents, injuries and lives lost involving ships' lifeboats between 1989 and 1999 under the classifications of:

  • (a) hooks;
  • (b) tricing and bowsing;
  • (c) falls sheaves and blocks;
  • (d) engine and starting;
  • (e) gripes;
  • (f) winches;
  • (g) davits;
  • (h) free-fall;
  • (i) weather;
  • (j) not otherwise classified; and
  • (k) successful evacuation achieved. [HL1617]
  • The Marine Accident Investigation Branch has recently published a safety study entitled Review of Lifeboat and Launching Systems' Accidents. This contains statistics for each of the categories listed covering the period 1991–99. Information for the years 1989 and 1990 is not available in this form.

    Lifeboat Launching Equipment

    asked Her Majesty's Government:What major changes have taken place in the design of lifeboat launching equipment since the First World War. [HL1618]

    A number of improvements have been made to lifeboat launching equipment since the First World War. The original manually operated systems, relying on blocks and tackle of natural fibre ropes, have been replaced by more efficient mechanical systems. Modern davits are fabricated in steel, rely on gravity for operation and are designed to minimise malfunction. Today, falls are constructed of steel multi-core wire ropes and the launching systems are designed with simultaneous release mechanisms to avoid the possibility of a boat hanging from the second set of falls.

    Royal Navy Officers: Merchant Navy Master's Certificate

    asked Her Majesty's Government:Whether suitably qualified deck officers of the Royal Navy are able to acquire a merchant navy master's certificate; and, if so, what conditions are attached. [HL1619]

    On 7 December 1999, the Maritime and Coastguard Agency (MCA) signed a memorandum of understanding with the Royal Navy. This recognised the components of the RN Seaman Branch training that meet the requirements for merchant navy deck officers as specified by the international Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW 95), to which the UK is a signatory.The RN and MCA teams identified differences in the RN training when compared to the requirements for merchant ships. When these differences are made up, deck officer qualifications may be awarded following an Oral Examination before an MCA examiner of masters and mates.There is no provision for an RN officer to be granted a master's certificate without first holding an STCW officer of the watch certificate followed by a chief mate's certificate. However, an accelerated route has been agreed, recognising the high quality of the RN training and experience.Typically, the areas in which RN officers are required to undergo training, beyond that required for RN service, are cargo work, stability, medical care and shipmaster's business and law.

    Aviation Health Working Group

    asked Her Majesty's Government:What benefits to the travelling public have flowed from the new inter-departmental Aviation Health Working Group; and what items are on the agenda for the next meeting. [HL1628]

    The first meeting of the Aviation Health Working Group took place on 26 March 2001. This was a preparatory meeting which was attended by representatives from the permanent members of the group: in the Department of the Environment, Transport and the Regions, the Department of Health, the Civil Aviation Authority and the Health and Safety Executive. The meeting considered a strategy for taking forward the issues identified in the government response to the Inquiry into Air Travel and Health as within the remit of the Aviation Health Working Group: information on deep vein thrombosis, research issues, in-flight medical emergencies, fitness to fly, health briefings and noise.It is important that the Aviation Health Working Group meets regularly to consider a very full agenda. The next meeting will be held on 4 May 2001 and meetings will be held roughly every six weeks for the rest of the year. The agenda for the next meeting has not yet been finalised, but interested parties, including health experts and airline representatives, will be invited to attend.

    Accessible Public Transport: Ec Directive

    asked Her Majesty's Government:Whether they support the European Union directive for accessible public transport, recently agreed in the European Parliament. [HL1665]

    The European Parliament has completed its second reading of the Proposal for a Directive on Bus and Coach Construction. The Government welcome this directive, which sets minimum construction standards for new buses and coaches, including improved facilities for disabled passengers, and should assist UK manufacturers to sell vehicles throughout the European Community. The provisions on accessibility are similar to national PSV Regulations introduced on 31 December 2000 and mean that in future all buses will be required to provide wheelchair access as well as a range of other facilities for disabled passengers.

    Transport Council, 5 April

    asked Her Majesty's Government:What was the outcome of the Transport Council held in Luxembourg on 5 April. [HL1740]

    My honourable friend the Parliamentary Under-Secretary of State (Mr Hill) represented the United Kingdom at the Council.The Council opened with a policy debate on the Commmission's second package of maritime safety issues. The Presidency presented a questionnaire focusing on the three elements in the package: improved ship monitoring, an additional compensation fund mechanism in cases of oil pollution and the creation of a European Maritime Safety Agency (EMSA). The Commission hoped for common positions at the June Council. The United Kingdom stressed the importance of considering these proposals in the context of the International Maritime Organization (IMO) and of existing member state competence, an approach shared by most member states present.On Galileo, the Council adopted an approach that established milestones for future significant decisions about the launch of the development (December 2001) and the deployment (December 2003) phases. My honourable friend was one of a number of Ministers to speak in support of this approach, which is intended to ensure that the project is based on sound financial management and private sector financing, as required by successive conclusions of the European Council. The decision milestones are necessary if Galileo is to deliver tangible benefits to the public and provide the taxpayer with good value for money. The UK also argued for more work to be carried out this year to meet UK and other member states' concerns about costs, management arrangements, the definition of the services and attracting private finance. This work will help the Council make an informed decision in December about the future of the project.The Council agreed a Resolution setting out priorities for further progress in integrating environmental issues into transport policy. The Commission said it would follow up many of these priorities in the forthcoming Common Transport Policy White Paper.There was a progress report and policy debate on the draft regulation establishing a European Aviation Safety Agency (EASA). The Presidency sought views on the key issue of which aircraft should be covered, the mechanism of appointment of the executive director, and inspections of member states and investigations of undertakings. The UK joined other member states in expressing the views that only member states registered aircraft should be covered, that the executive director should be appointed by the agency's administrative board and that EASA should have the powers of inspection and investigation. The Presidency concluded that discussion should continue in the working group, aiming for a common position as soon as practicable.The Council agreed Conclusions urging member states to be in a position to ratify the Montreal Convention on air carrier liability by 31 December 2001. The Council also agreed a Decision for Community ratification of the Convention, to be deposited simultaneously with those of the member states. The Presidency hoped that a decision on a revision of Regulation 2027–97 would be taken in June.The Commissioner reported on her recent visit to the United States to discuss ways to limit aircraft noise in future. She felt the exchange had been useful and further technical meetings had since been arranged.The Commissioner also initiated a discussion on the state of the European airline industry, arguing that a Community mandate to negotiate with the US was a necessary precursor of airline consolidation.The Presidency presented a framework for the Community to negotiate on aviation environmental issues, particularly aircraft noise, in the run-up to the International Civil Aviation Organisation (ICAO) General Assembly in September. This framework was agreed unanimously.Pending the First Reading of the European Parliament there was political agreement on the text of a Regulation requiring third country lorry drivers to carry a certificate of legal employment. The UK maintained a parliamentary scrutiny reserve.Following a Commission presentation, the Presidency confirmed that the directive on professional driver training would be discussed at the June Council.The Council debated a proposed amendment to the directive on weights and dimensions of heavy vehicles, requiring member states to accept the use of 15m buses. The Presidency presented a global compromise addressing delegations' outstanding concerns. At the end of the debate, the Presidency concluded that there was general political agreement but that the text of a derogation for the UK (addressing our concerns at the out-swing of these vehicles) would be remitted to Coreper for further consideration.The Council adopted Conclusions on the Commission's recent recommendation on the maximum permitted blood alcohol level for drivers. The Conclusions underline the importance of progress on a range of drink drive measures including collaboration between member states.The Council discussed a proposed amendment to the directive on compulsory use of safety belts and child restraint systems. The text under discussion attempted to solve outstanding concerns on the detailed requirements for young children to use adult seat belts in the absence of appropriate child restraints. A number of member states had concerns about the proposals. The UK was among those taking the view that it required further examination. The Presidency concluded that the Council could not reach agreement and remitted the text for further consideration at the technical level, hoping for a common position in June.There was a progress report and policy debate on new proposals to update the procurement procedures for public transport services. The Commission hoped that the new regulations would be discussed in June.There was a discussion over lunch of the draft directive on the harmonisation of weekend lorry bans. The Commission emphasised the importance of harmonising the periods during which member states may impose bans and stressed that the proposal applied only to new bans and to the transport Trans-European Network. Consultation would be required on the imposition of new bans. The UK was one of a number of member states which supported the proposal.The Commission noted the success of the Ecopoints system in managing lorry transits through Austria. It would be maintained only until 2003. The Commission undertook to issue a report soon about operation of the system.

    Wincanton Bypass

    asked Her Majesty's Government:Further to the Written Answer by Lord Whitty on 28 March ( WA 32–33), when the A303 Wincanton bypass is next due for resurfacing. [HL1629]

    The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions
    (Lord Whitty)

    The Wincanton bypass is not in the current three-year programme for resurfacing. However, the bypass will be surveyed later this year as part of the Highways Agency's routine condition surveys. This data will be used to determine whether there is a need to include works in the programme as it is rolled forward.

    Road Vehicles (Display Of Registration Marks) Regulations

    asked Her Majesty's Government:Whether the provisions of the Road Vehicles (Display of Registration Marks) Regulations 2001 will require some imported vehicles to be modified after they have been safety tested and approved for entry into service under the Single Vehicle Approval Scheme in a way which could invalidate that approval. [HL1643]

    Some imported vehicles will require modifications after the Single Vehicle Approval test to comply with the Road Vehicles (Display of Registration Marks) Regulations 2001. Provided any necessary modifications are made properly and in accordance with the applicable provisions of the Road Vehicles (Construction and Use) Regulations 1986 and the Road Vehicles (Lighting) Regulations 1989, a Single Vehicle Approval would not be invalidated.

    asked Her Majesty's Government:Whether automatic number-plate readers are capable of reading number plates with a font size of 64mm by 44mm as approved for use with motorcycles. [HL1644]

    Automatic number-plate reader systems are able to read number plates of various font sizes, including that approved for motorcycles. The degree of success in reading plates varies mainly according to the type of system used and the prevailing road and weather conditions.

    asked Her Majesty's Government:Whether they were advised by the European Commission to include left-hand drive vehicles in the list of specialist vehicles allowed to use the smaller font size (64 millimetres by 44 millimetres) in the Road Vehicles (Display of Registration Marks) Regulation 2001. [HL1645]

    In January 2001 the European Commission commented on the draft regulations on the display of vehicle number-plates and requested that a special category of left-hand drive vehicles imported in low volume from other member states be created in the definition of "specialist vehicles" to exempt them from the obligation to fit standard size number-plates. The Government are currently considering the implications of such an exemption.

    asked Her Majesty's Government:Whether the European Commission has again written to them to ask whether they have taken into account the Commission's advice on the Road Vehicles (Display of Registration Marks) Regulations 2001; whether the Commission has set a deadline for responding to such a letter of one month; and whether the Commission has warned that it will take legal action when it has an example of the regulations affecting intra-community trade. [HL1646]

    Her Majesty's Government have not received further written communication from the European Commission.

    Foot And Mouth Disease: Cancellation Of Events

    asked Her Majesty's Government:Whether their policy of opening up activities in the countryside during the current foot and mouth outbreak, where it is safe to do so, is compatible with the policy of the British Horseracing Board set out in its letter to racecourses stating that "Any racecourse which from this moment forward (10am, 14 March) itself elects not to stage a forthcoming fixture will have to be seen by us as having decided not to race for the duration of the outbreak". [HL1671]

    Her Majesty's Government have issued guidance to help people responsible for events and attractions in the countryside decide how to operate during the foot and mouth outbreak. Expert veterinary advice provided to the Minister of Agriculture, Fisheries and Food is that most events may safely go ahead. It is for the organisers of events to decide what to do in the light of the guidance, and Her Majesty's Government are not responsible for the British Horseracing Board's advice. In general, however, excessive caution in cancelling events and closing rights of way, even where the risks of spreading disease are very remote, is seriously damaging the economy of rural England.

    Nhs Commissioning Arrangements

    asked Her Majesty's Government:Further to the Written Answer by Lord Hunt of Kings Heath on 27 September 2000 (

    WA 186–87) that the annual reports for the new regional specialised commissioning arrangements will be published locally in mid-September 2000 and the annual report of the National Specialist Commissioning Advisory Group in early October 2000:

  • (a) on which date these reports were placed in the Library of the House;
  • (b) to which organisations the reports were disseminated and when;
  • (c) what comments on the reports were received by the National Health Service specialised services users organisations;
  • (d) what follow-up action has been taken since that time; and
  • (e) what plans they have to develop specialised services and improve patients' access to them. [HL1528]
  • The Parliamentary Under-Secretary of State, Department of Health
    (Lord Hunt of Kings Heath)

    Copies of the annual reports for the regional specialised commissioning groups (RSCGs) and the Annual Report for the National Specialist Commissioning Advisory Group (NSCAG) were placed in the Library of the House of Lords on 10 April 2001.Each region disseminated its RSCG annual report to a local regional audience during October and November 2000. Copies of the NSCAG Annual Report, which contained a chapter summarising the main lessons learned from the RSCG's annual reports, were disseminated in November and December 2000 to a wide audience, including several hundred voluntary and professional organisations.We have no information on comments received by the NHS specialised services users organisations on the annual reports.The 2000–01 RSCG annual reports, due to be published this autumn, will give an account of the second year of operation, including follow-up action from year one and plans to develop specialised services and improve patients' access.The 2000–01 NSCAG (fifth) Annual Report, the fifth NSCAG report, due to be published this autumn, will give an account of those highly specialised services commissioned nationally.

    Young Unemployed People Setting Up A Business

    asked Her Majesty's Government:What action they will take to help those young unemployed people who are dissuaded from starting their own businesses through the Prince's Trust Scheme on the grounds that the eight weeks' leeway in remaining on benefit is insufficient for some clients whose preparation for work may involve protracted negotiations on acquiring premises. [HL771]

    The Minister of State, Department for Education and Employment
    (Baroness Blackstone)

    Job Seekers Allowance (JSA) Regulations require those who are claiming benefits relating to unemployment to be actively seeking work.However, unemployed people who commit themselves to setting up their own business (including those young people being supported through the Prince's Trust scheme) are allowed a single eight-week period where they can be treated as actively seeking employment. This flexibility acknowledges that for some people self-employment is the most appropriate route back to work. It releases them from the requirement to seek employed earners' employment during this period so they can concentrate their efforts upon building and implementing their business plan.For the small number of clients who do not manage to complete their preparations in this time, they can continue to claim JSA as long as they are able to meet the basic entitlement conditions. Actively seeking employment and, indeed, short-term employment is not a barrier to the longer-term objective of establishing a business.

    New Deal: Training And Self-Employment

    asked Her Majesty's Government:How many people have opted for training and self-employment within the New Deal, giving figures separately for England and South Yorkshire. [HL1610]

    Latest figures show that from January 1998 to the end of January 2001, 91,700 young people had started full-time education and training option of New Deal in Great Britain, of which 76,000 were in England. Of these, 4,760 were in South Yorkshire. All of the New Deal options contain an element of training.In the same time period, 3,180 young people started stage 3 of the self-employment routeway across Great Britain, of which 2,850 were in England. One hundred and twenty-six of these were in South Yorkshire.

    Four Year-Olds: Free Nursery Education In Rural Areas

    asked Her Majesty's Government:How they propose to provide free school places for all four year-olds living in rural areas. [HL1612]

    Since September 1998, all four year-olds throughout England have had access to a free nursery education place.This commitment is delivered through various types of settings, including nursery schools, nursery classes in primary schools, voluntary and private pre-schools and childminders within a registered childminding network. The latter is particularly important in rural areas.The Secretary of State announced in September last year that all three year-olds would also be entitled to a free nursery education place by September 2004.

    Winter Fuel Payments: Severely Disabled People

    asked Her Majesty's Government:What would be the cost of extending the winter fuel payment to severely disabled people under the age of 60. [HL1494]

    The Parliamentary Under-Secretary of State, Department of Social Security
    (Baroness Hollis of Heigham)

    The cost of extending the winter fuel payment to people under 60 receiving the middle or higher rate care component or the higher rate mobility component of disability living allowance is estimated to be around £200 million a year.

    Notes:

  • 1. Based on DLA administrative data, May 2000, and Family Resources Survey 1999 data.
  • 2. Costs rounded to the nearest 10 million.
  • 3. Costs based on a winter fuel payment rate of £200.
  • 4. Severely disabled has been taken to mean people in receipt of DLA middle or higher rate care component or higher rate mobility component.