Written Answers
Tuesday, 30th October 2001.
Freedom Of Information Act Training
asked Her Majesty's Government:What is the timetable for the training of Ministers and civil servants to give effect to the Freedom of Information Act 2000; and by whom is such training to be provided. [HL803]
A seminar for Ministers on the implications of the Freedom of Information Act is being arranged by the Centre for Management and Policy Studies in the Cabinet Office. We expect this to take place in January next year.The training of officials is a matter for each department. Officials in the Freedom of Information and Data Protection Division in my department (formerly in the Home Office) have undertaken awareness seminars in a wide range of departments, including the Cabinet Office, the Home Office, the Department for Work and Pensions, the Scotland Office and in the Northern Ireland Civil Service, as well as in my department, and have also participated in courses at the Civil Service College and courses arranged by other organisations.I expect to provide further details of training in my statutory report to Parliament in November.
Judicial Appointments Annual Report
asked Her Majesty's Government:When they intend to publish the third Judicial Appointments Annual Report. [HL1002]
The Judicial Appointments Annual Report, covering the period 1 April 2000 to 31 March 2001, is published today. The report includes comprehensive narrative descriptions together with statistics on appointments to the judiciary, Queen's Counsel, lay magistrates and General Commissioners of Income Tax. It also includes information on my appointments policies and procedures; and on the progress in implementing Sir Leonard Peach's recommendations, such as the appointment of the First Commissioner for Judicial Appointments.Copies of the report have been placed in the Libraries of both Houses. The report is also available on the following website:
http://www.lcd.gov.uk
Court Service Review
asked Her Hajesty's Government:When they intend to begin the quinquennial review of the Court Service. [HL1003]
I am today formally launching the first review of the Court Service, which was established as an executive agency in April 1995. The terms of reference have been agreed and copies have been placed in the Libraries of both Houses. My department would like to hear from those who wish to contribute to the review. It is intended that the review should be completed by spring 2002.
Medical Records: Subject Access
asked Her Majesty's Government:What plans they have to keep under review the fee for individuals to gain access to their medical records under the Data Protection Act 1998. [HL1004]
The maximum fee for subject access to medical records held in computerised form is £10. For the time being, the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) (Amendment) Regulations 2001 maintain at £50 the maximum fee for subject access to medical records held in other forms. The Government believe that, in the light of current technology and record-keeping practice, the £50 maximum strikes the proper balance between ensuring that cost is not a barrier to subject access and avoiding the diversion of resources from patient care. The Government are committed to working with the Information Commissioner, in consultation with other key interests, with the aim of finding a long-term solution.
Convicted Prisoners: Change Of Plea
asked Her Majesty's Government:What is their policy on reviewing the convictions of prisoners who change their pleas from guilty to not-guilty after their conviction. [HL828]
In conferring the right of appeal, the Criminal Appeal Act 1968 does not distinguish between persons convicted following a guilty plea and those convicted by a jury. However, the Court of Appeal is rarely prepared to grant leave to appeal if the applicant pleaded guilty in the Crown Court.The Home Secretary's powers to consider alleged miscarriages of justice came to an end on 31 March 1997. These were replaced by new powers vested in an independent body, the Criminal Cases Review Commission, which has a main responsibility under the Criminal Appeal Act 1995 to review suspected miscarriages of justice and to refer a conviction, verdict, finding or sentence to the appropriate court of appeal when the commission considers that there is real possibility that it would not be upheld. In making its decisions, the commission applies the same tests as the Court of Appeal.
Asylum: Language Analysis
asked Her Majesty's Government:When they will make an authorisation under Section 19D of the Race Relations Act 1976 on a language analysis pilot. [HL1028]
In light of evidence that some asylum applicants are falsely posing as nationals from countries with high grant rates of asylum or exceptional leave, we have decided to undertake a language analysis pilot at the start of November 2001.The purpose of language analysis is to provide expert evidence which helps to identify the place of origin of asylum seekers. Language analysis is used in a number of European countries and the results are generally successful. We will be piloting the scheme to see how well language analysis works in the United Kingdom, and for the purposes of the pilot we will be covering asylum seekers of three nationalities where we believe the problem of false nationality claims to be most pronounced. Those nationalities are Afghanistan, Somalia and Sri Lanka.The authorisation I made will enable staff in the Immigration and Nationality Directorate, where there are objective reasons for doubting the nationality of a person claiming to be from one of these three countries, to request them to undertake a further interview which will be taped and sent to a language expert for analysis. Individuals may refuse to consent to this further interview but this refusal can be taken into account when determining whether the applicant has established the facts of their case. This may lead to their claim being refused.We will review the need for this authorisation once the pilot has been completed. In addition, the race monitor to be appointed under Section 19E of the Race Relations Act 1976 (as amended) will report to Parliament via the Secretary of State on the likely effect of authorisations made by Ministers and on how they are operated in practice by officials.A copy of the additional authorisation has been placed in the Library. Any future additional or amended authorisations will also be placed in the Library.
Armed Conflict
asked Her Majesty's Government:Further to the Question by Lord Strathclyde (H.L. Deb., col. 283) and the reply by Lord Williams of Mostyn (H.L. Deb., col. 286) on 8 October, whether it is legally correct to state that the United Kingdom is at war; and, if so, with whom. [HL796]
The military coalition is engaged in an armed conflict in self-defence against those who perpetrated the terrorist attack of 11 September and those who harbour and sustain them.
Development Strategies
asked Her Majesty's Government:What action is being taken to ensure that development strategies will not be disrupted following the World Bank's recent economic assessment that the September 11 terrorist attacks in the United States will affect economic growth in developing countries, resulting in as many as 10 million more people living in poverty next year.[HL816]
The UK will continue to work for international co-operation to bring benefits to all. The launch of a development Round in the WTO is essential in order to ensure greater access to global markets for developing countries' goods and services and will enable these countries to increase their share of foreign investment.
Kuwaiti Missing Files
asked Her Majesty's Government:What is the latest information on the whereabouts and well-being of Kuwaiti and other prisoners of war still unaccounted for by Iraq; and what recent initiatives they have taken or supported to secure their release. [HL897]
Iraq has only provided information sufficient to close three Kuwaiti missing files so far. The UK continues to take an active role in the Tripartite Commission to establish the whereabouts of 605 Kuwaiti and other nationals still missing since the occupation of Kuwait, but the Government of Iraq currently refuse to co-operate with the process.
Joint Strike Fighter Contract
asked Her Majesty's Government:What progress has been made in the selection of the prime contractor for the engineering and manufacturing development phase of the joint strike fighter programme. [HL1001]
It was announced in Washington on Friday 26 October that Lockheed Martin has been selected for the contract award.
The UK participated fully in the selection process, and the decision is good news for our Armed Forces and for UK defence companies teamed with Lockheed Martin.
The aircraft, which will meet our future joint combat aircraft (FJCA) requirement, will incorporate advanced stealth technology and will be able to conduct multi-role operations from the sea and from the land. The decision represents a further important step, following the Strategic Defence Review, to provide the UK with up-to-date flexible expeditionary air power capability.
UK industry stands to gain substantial benefits. The value of the work for UK companies over the engineering and manufacturing development (EMD) phase is of the order of £3 billion, with much further work in production and support activities in years to come. Lockheed Martin assesses that up to 3,500 jobs could be sustained or created during EMD, rising to 8,500 in the later phases.
Aviation Security
asked Her Majesty's Government:Whether they have consulted the United States Federal Aviation Authority as to further measures to be taken to deter hijackers; and, if so, with what results. [HL793]
The department liaises very closely with the US Federal Aviation Authority on aviation security measures, including those to deter hijackers.
Scotland's Railway
asked Her Majesty's Government:What importance they place on the linking of the reopening of the Stirling Alloa Dunfermline railway with the creation of a European ferry terminal at Rosyth; and [HL820]Which section of the Department for Transport, Local Government and the Regions will be responsible for railway re-openings in Scotland, in the light of the announcement during the Railtrack Statement on 15 October (H.L. Deb., col. 393) that the new company limited by guarantee will deal only with the operation, maintenance and repair functions of Railtrack; and [HL821]Whether they will rank in order of priority the following network-expansion projects in Scotland: (a) Edinburgh Crossrail; (b) Larkhall; (c) Stirling Alloa Dunfermline; and (d) Edinburgh Borders Carlisle. [HL822]
Priorities for developing the GB rail network, including railway re-openings, are for the Strategic Rail Authority (SRA), and will be set out in the SRA's Strategic Plan, which will be published in November. The SRA works closely with the Scottish Executive on proposals for investment in Scotland's railway, with Railtrack, and with other stakeholders involved in individual schemes.The Railways Sponsorship Division of the Department for Transport, Local Government and the Regions is responsible for paying grant to the SRA to enable the SRA to carry out its statutory functions. The SRA can provide funds for railway re-openings, and the Scottish Executive also has powers to fund schemes in Scotland directly.As network controller. Railtrack is a key stakeholder in all infrastructure projects. The Government have made a funding agreement with Railtrack plc's administrator to ensure that Railtrack's network responsibilities continue to be fulfilled during administration. The administrator is working to prioritise those projects already programmed by Railtrack. The Government have stated their intention of putting a proposal to the administrator for a company limited by guarantee (CLG) to take over Railtrack's railway assets and its role as network operator. This successor company would continue to be responsible for smaller-scale enhancements, possibly including re-openings. Major enhancements may be taken forward and financed by project companies called special purpose vehicles, and would not then have to rely for their funding on the CLG. This approach should help ensure better use of resources, with projects delivered on time and within budget.
asked Her Majesty's Government:Whether, with particular reference to Longannet Power Station, it is a perverse incentive that a railway re-opening project which reduces freight train mileage is seen as unattractive because the new shorter route would earn less in track access charges than the existing longer route; and whether this situation will change for Railtrack's successor. [HL823]
There is no such perverse incentive. The reduction in variable track access charges which Railtrack would receive as a result of freight operators being diverted to a shorter route are offset by a reduction in their variable costs. Fixed costs of the existing network (maintenance and renewal) are allocated to franchised passenger operators and will not be affected by freight operators using the new route. In addition, the freeing up of capacity on the existing route will enable Railtrack to offer new paths for passenger trains and earn an additional return from them.
Pedestrian Protection
asked Her Majesty's Government:Whether any estimate has been made of the percentage reduction in pedestrian deaths and serious injuries that would have occurred if the requirement set out by the four European Enhanced Safety of Vehicles Committees test for pedestrian protection had been in force when the official period of consultation closed; and, if so, what conclusions they have drawn. [HL890]
Past research estimated that the benefits obtained from the full EEVC proposals would be in the range of an 8 per cent reduction in pedestrian fatalities and a 21 per cent reduction in pedestrian serious injuries. Other studies suggest a wider range of possible benefits. However, we would expect the full benefits to be achieved only after the majority of cars on the road meet the requirements—some 10 to 15 years after implementation. In the early years following implementation the overall casualty reductions would be significantly lower.
Railtrack Land Holdings
asked Her Majesty's Government:What were the names, locations and approximate areas of land holdings of over five hectares adjacent to or connecting to railway lines owned on 7 October by (a) Railtrack plc (b) Railtrack Group. [HL893]
The Government do not possess details of Railtrack's land holdings.
asked Her Majesty's Government:Whether they will ensure that no lands owned by Railtrack plc or Railtrack Group on 7 October are disposed of for non-transport purposes without consultation with the wider rail industry; and whether they will ensure that a procedure is set up to achieve such consultation. [HL894]
The Government have no powers in relation to Railtrack Group. However, the great bulk of railway land is held by Railtrack plc. The Rail Regulator has proposed, and Railtrack has accepted, a new network licence condition, the purpose of which would be to prevent disposal of land by Railtrack plc if that land may be important to the continuing operation and further development of the network and services relating to railways.
Strategic Rail Authority Contracts
asked Her Majesty's Government:Further to the Written Answer by Lord Falconer of Thoroton on 16 October (
WA 90), in respect of each consultancy contract valued at over £50,000 for work undertaken in the last year and let by the Shadow Strategic Rail Authority or the Office of Passenger Franchising, what is the name of the company, the scope of work, the value of the contract and the timetable. [HL895]
Between 29 October 2000 and 1 February 2001, six consultancy contracts with a value of £50,000 or more were let by the Shadow Strategic Rail Authority, as shown in the table below. Some timetable information has been excluded where it is considered to be commercially sensitive. All contract values are exclusive of VAT. My previous Answer gave details of those contracts let by the SRA after 1 February.
| Consultant | Project | Contract value £.000s | Time table (completion date) |
| Babtie | CTRL technical advisers | >£50 | Commerically sensitive |
| GIBB Ltd | Extend the PLANET model | £100 | July-01 |
| GIBB Ltd | Technical advisers for Wessex | >£50 | Commercially sensitive |
| MDS Transmodal | Company Neutral Grant Schemes | £78 | July-01 |
| Mouchel | East London Line Project (freight) | >£50 | May-01 |
| PricewaterhouseCoopers | Anglia Railway financial viability | £50 | November-00 |
People For The Ethical Treatment Of Animals
asked Her Majesty's Government:Whether they will consult the Advertising Standards Agency with a view to helping it to combat the activities of the People for the Ethical Treatment of Animals (PETA), who have distributed thousands of leaflets within schools to stop students from drinking milk. [HL853]
The Advertising Standards Agency (ASA) upheld three complaints against the People for the Ethical Treatment of Animals (PETA) on 5 September 2001. Any further action resulting from PETAs non-compliance with the ASA's adjudication would be a matter for the Office of Fair Trading (OFT). As PETA distributed the offending material outside of school premises, both schools and the Department for Education and Skills must rely on the ASA and OFT to deal with any complaints.
Early Literacy Support Programme
asked Her Majesty's Government:Whether, in view of alleged flaws in the early literacy strategy, the scheme will be withdrawn. [HL900]
We are committed to raising literacy standards for all primary aged children, including the lowest achieving. In literacy, effective early intervention is the key for many pupils and that is why the Early Literacy Support programme is being introduced in all primary schools from this September. The programme has been trialled extensively in schools in 50 LEAs and has been well received. We do not intend to withdraw it.
Early Learning Framework: Montessori Qualifications
asked Her Majesty's Government:What discussions have taken place with the Montessori schools prior to the active consideration, referred to by Baroness Ashton of Upholland on 22 October (H.L., Col. 909), to include Montessori qualifications within the new early learning framework. [HL925]
My officials met representatives from the Montessori organisations in September. Officials of the Qualifications and Curriculum Authority also attended. At this meeting my officials gave reassurance that Montessori qualifications, although not on the framework, would continue to be accepted as meeting the National Day Care Standards which came into effect from 1 September, at the same time making clear that in the longer term we wished to see Montessori qualifications finding their place on the framework.
As-Level Examinations
asked Her Majesty's Government:What modifications have been made to AS-level courses and examinations for the current year. [HL926]
On 12 September, the Secretary of State announced changes which will reduce the burden of assessment on candidates taking their AS examinations next year. These are standardisation in length of some examination papers, with most lasting one hour; many AS examinations will be available in a single half-day session of up to three hours; and reduction of examination timetable clashes, thus easing the administration of examinations in schools and colleges.
asked Her Majesty's Government:What advice has been given to schools and to students who will be taking AS-levels in the current year. [HL927]
On 12 September, the Joint Council for General Qualifications (JCGQ) published detailed guidance of the changes to AS-level examinations. This has been sent to schools and colleges.
The Qualifications and Curriculum Authority (QCA) has also published detailed guidance Managing Curriculum 2000 for 16–19 students, for schools and colleges and Review of Curriculum 2000, for students and parents. Both are available on QCA's website.
Abandoned Vehicles
asked Her Majesty's Government:How many vehicles are abandoned in the United Kingdom each year; and what is the net cost of disposing of them. [HL760]
Local authorities are responsible for dealing with abandoned vehicles. Although the department currently holds no central records of the number of vehicles abandoned each year, we estimate that some 350,000 are abandoned in the United Kingdom each year.The net cost of disposing of abandoned vehicles is estimated to be between £30 and £50 per vehicle. The total annual net cost of their disposal would therefore be in the range of £10 million to £17 million.More up to date information on the number of abandoned vehicles removed by local authorities is being collected in the department's 2000–01 Municipal Waste Management Survey which should be published in July 2002.
Livestock Diseases: Insurance
asked Her Majesty's Government:Whether or not they are still considering requiring farmers to insure against future outbreaks of animal disease. [HL878]
The Government are continuing to study the options for insurance against the consequences of outbreaks of livestock diseases.
Edmonton Incinerator: Dioxin Content Of Ash
asked Her Majesty's Government:What action has been taken in respect of allegations made by the Newsnight programme on 3 July 2001 concerning the dioxin content of ash used for construction from the Edmonton incinerator. [HL1029]
My right honourable friend the Minister of State for the Environment is grateful for the opportunity to clarify the Answers he gave on Tuesday 11 July 2000 (H.C. Deb., 11 July, cols. 496–7W) and Monday 26 March 2001 (H.C. Deb., 26 July, col. 565W). Until August 2000, the Edmonton incinerator mixed bottom ash and precipitator ash.
From August 1998 to May 1999, this mixed ash was reprocessed and used in the production of concrete building blocks. This ash has also been used as an aggregate.
As the reply to the first of these two questions said, neither the Department nor the Environment Agency routinely held information on the dioxin content of ash from incinerators. However, in July 1998 the Environment Agency was given an estimate of the dioxin content of the mixed ash, based on a 1997 analysis of the fly ash. My right honourable friend was not advised about this when he replied to the second of these Questions and regrets any consequent inaccuracy in his answer. He has written to both MPs and has placed a copy of the letter and the analysis in the fax in the Library of the House.
The Environment Agency is currently carrying out a full and thorough investigation into the destination of ash from incinerators, the environmental implications of its use and what steps may be needed in the light of these findings. This thorough investigation will establish the true picture for all municipal waste incinerators, its results will be made public and any necessary action will be taken.
Universal Banking Services
asked Her Majesty's Government:Whether they are proposing to restrict the number of people who can access the universal bank. [HL799]
Together with the planned expansion of commercial network banking through post offices, Universal Banking Services will be available comprehensively to ensure that we meet our commitment that both before and after the change to ACT, those benefit and pension recipients who wish to continue to collect their benefits money in cash, in full, across a post office counter, will still be able to do so.
asked Her Majesty's Government:What was the original estimated cost of setting up the universal bank; and what was the original estimated running cost of the scheme per year. [HL800]
Universal Banking Services consists of two elements: access through post offices to basic bank accounts provided by financial institutions; and, for those who are unable or unwilling to use even a basic bank account, a Post Office card account (POCA) for the encashment of benefit and tax credits. For the basic bank accounts, the costs will be met by the banking industry. For the POCA, it would not be appropriate to disclose current estimates of the cost as this is subject to commercial negotiations between Consignia and the Paying Departments, and between Consignia and the potential supplier of the banking engine for POCA.
Palace Of Westminster: Works Of Art
asked the Chairman of Committees:Who is the legal owner of works of art and other artefacts in the Palace of Westminster; and who would be able to decide to sell any such articles. [HL988]
Under powers granted by the Parliamentary Corporate Bodies Act 1992, the Government transferred ownership of property to the Corporate Officer of each House. In the case of the House of Lords, the Corporate Officer is the Clerk of the Parliaments. At no time has the Corporate Officer disposed of works of art or other artefacts, nor are there currently any plans to do so. However, there would not appear to be any legal bar to disposal, should the appropriate domestic committees so decide.
Social Exclusion Unit
asked Her Majesty's Government:What assessment they have made of the effectiveness of the Social Exclusion Unit in ensuring that the joined-up problems of social exclusion receive a joined-up response. [HL818]
The Social Exclusion Unit was set up to help improve government action to reduce social exclusion by producing "joined-up solutions to joined-up problems". The unit has published reports on five key areas: truancy and school exclusions; rough sleeping; neighbourhood renewal; teenage pregnancy; and bridging the gap: 16 to 18 year-olds not in education, training or employment.The unit was reviewed in the summer of 1999. The review said that, while it was then too early to judge the impact on the ground of the unit's reports, external feedback and the group carrying out the review produced a broad measure of agreement that the unit had been a success so far and was well conceived. The quality of the unit's reports and analysis was widely praised; its recommendations were accepted as sound and were being implemented, and the unit was having a broader impact on raising the profile of social exclusion and pioneering new ways of working.The Prime Minister announced the results of this review in December 1999 and decided the unit would continue in existence. Since then the unit has worked closely with other government departments or crosscutting units that implement its reports. The strategies in the reports are for the long-term but there is already strong evidence of real change. For example, numbers of people sleeping rough in England have fallen by 62 per cent since 1998; conception rates for under-16s in England fell by 7 per cent in 1999 compared with the previous year, and by 4 per cent for under-18s; the number of teenage parents out of education, training or work came down from 84 per cent in 1997 to 69 per cent in 2000; and numbers of pupils permanently excluded from school were down by a third in 1999–2000 compared to 1996–97.