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Written Answers

Volume 629: debated on Tuesday 11 December 2001

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Written Answers

Tuesday, 11th December 2001

British Council Exhibitions: Indemnity Undertakings

asked Her Majesty's Government:How many indemnity undertakings were given by the Foreign and Commonwealth Office in respect of loss or damage to works of art loaned to the British Council for exhibition overseas for the six-month period ended 30 September; and what was the value of the contingent liabilities in respect of such undertakings which remained outstanding at that date. [HL1965]

The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office
(Baroness Amos)

The British Council, although not a government department, receives a substantial grant in aid from the Foreign and Commonwealth Office. It regularly organises or sponsors exhibitions overseas of works of art loaned from national galleries and private collections in the United Kingdom. It provides certain assurances or guarantees in respect of loss or damage while these works are on loan.In the six-month period ended 30 September 2001, the British Council provided such assurances to two national lenders and undertakings to 14 private lenders. The value of the contingent liabilities that remained outstanding as at 30 September 2001 in respect of national lenders was £464,200 and in respect of private lenders was £3,797,125, i.e. a total of £4,261,325.

Immigration Statistics

asked her Majesty's Government:How many immigrants were admitted to the United Kingdom in 2000; how many have so far been admitted in 2001; and how many of those immigrants in each year were admitted as asylum seekers. [HL1788]

In 2000, 13 million non-European economic area (EEA) passengers were given leave to enter the United Kingdom. Data for 2001 are not currently available; they are due to be published in the statistical bulletin Control of Immigration Statistics United Kingdom 2001 in summer 2002.In 2000, 25,935 principal applicants applied for asylum at a United Kingdom port. Between January and September 2001, this figure was 19,750. These figures are provisional.Information on asylum applications is published quarterly on the Home Office website at

http:// www.homeoffice.g.ov.uk/rds/immigrationl.html.

National Insurance Contributions

asked Her Majesty's Government:Why the pension uprating statement this year did not include any reference to uprating national insurance contributions; and whether they have any intention of increasing national insurance contributions. [HL1753]

I refer the noble Lord to the Answer given in another place by my honourable friend the Paymaster General on 27 November 2001 (Official Report, columns 863W–866W) to the honourable Member for Stevenage.

Ministerial Briefings: Acoustics

asked Her Majesty's Government:What steps they are planning to take to improve the acoustics of rooms in various ministerial buildings which are used for briefings and consultations. [HL1688]

Individual government departments are responsible for determining any improvements to the accommodation they occupy.

Turkey: Copenhagen Criteria

asked Her Majesty's Government:What is their response to the European Union Commission's annual report on European union applicant states in respect of Turkey. [HL1625]

Her Majesty's Government welcome the European Commission's report, which recognised Turkey's recent constitutional reforms as an important step towards meeting the EU's Copenhagen political criteria. And we agree that Turkey needs to undertake more work to meet the Copenhagen political criteria, in particular with respect to implementing human rights reforms.

Eu/Israel Association Agreement

asked Her Majesty's Government:What was the response of the European Union General Affairs Council to the alleged breach of Article 2 of the European Union/Israel Association Agreement at its meeting on the 19 November; how this was conveyed to Israel the following day; and what was the United Kingdom's position. [HL1707]

The 19 November General Affairs Council agreed the EU declaration for the 20 November EU/Isreal Association Council. The EU declaration noted that the EU "has always recognised Israel's legitimate security concerns". It noted also that these concerns "must however be addressed with full respect for human rights and within the framework of the rule of law, in accordance with Article 2 of our Euro-Mediterranean Agreement".

European Union Law-Making

asked her Majesty's Government:Whether they have taken any recent steps to inform people in the United Kingdom about the law-making process in the European Union. [HL1962]

The Foreign and Commonwealth Office has published a leaflet which summarises the process by which European directives and regulations are made. This is being given a wide distribution and is available on the FCO website atwww.fco.gov.uk. Copies are available for collection in the Libraries of both Houses.

European Union Treaties

asked her Majesty's Government:Whether they have taken any recent steps to inform people in the United Kingdom about the meaning of European Union treaties. [HL1963]

The Foreign and Commonwealth Office has published a leaflet which summarises the European Union treaties in under 300 words. This is being given a wide distribution and is also available on the FCO websites at www.fco.gov.uk. Copies are available for collection in the Libraries of both Houses.

Renewables Obligation Order

asked Her Majesty's Government:When they intend to implement the Renewables Obligation Order. [HL1700]

The Parliamentary Under-Secretary of State, Department of Trade and Industry
(Lord Sainsbury of Turville)

The Government intend to lay the necessary order before Parliament in February with a view to its coming into effect on 1 April 2002.

asked Her Majesty's Government:Whether they believe that any further consultation is envisaged prior to the implementation of the Renewables Obligation Order. [HL1701]

The Government do not propose to undertake any further consultation prior to the implementation of the Renewables Obligation Order.

asked Her Majesty's Government:When they expect the European Commission to grant state aid approval for the draft Renewables Obligation Order. [HL1702]

I understand that the European Commission has granted state aid approval for our proposals for the renewables obligation subject to formal publication in the official journal shortly.

asked Her Majesty's Government:Whether there are inconsistencies between the Renewables Obligation Order and the Renewables Obligation Order (Scotland). [HL1703]

The Government's intention is that the two orders will be fully consistent with each other.

Shipbuilding

asked Her Majesty's Government:How many times and at what cost the shipbuilding and ship repair innovation and technology support scheme has been used in each year since 1997. [HL1710]

There is not a dedicated shipbuilding and ship repair innovation and technology support scheme; however, since 1997 under the department's support for innovation theme, grants with an aggregate value of £3,125,031 (three million one hundred and twenty-five thousand and thirty-one pounds) have been made. The details of these grants are shown in the following table:

Date of OfferBeneficiaryPurpose and ContributionValue of Grant £
May 99Shipbuilders and Shiprepairers AssociationUK Maritime Industries Netherlands Study Tour and Seminar20,000
June 99Shipbuilders and Shiprepairers AssociationBenchmarking and Business Improvement Project94,245
July 2000Shipbuilders and Shiprepairers AssociationShip Marketing Project175,786
Sep 2000Shipbuilders and Shiprepairers AssociationLINK-Integrated Technology for Marine Construction2,800,000
Oct 2000A single shipyardStudies on Benchmarking and Marketing35,000
Total3,125,031

asked Her Majesty's Government:How many times and at what cost the shipbuilding credit guarantee scheme has been used in each year since 1997. [HL1711]

The Home Shipbuilding Credit Guarantee Scheme (HSCGS) has supported 14 vessels in 1997, seven in 1998, one in 1999, three in 2000 and three 10 date in 2001.The net costs of/receipts from the HSCGS have been as follows: in financial year 1997–98 the Government received £223,000; in financial year 1998–99 the Government paid out £1,960,000; in financial year 1999–2000 the Government received £1,991,000; and in financial year 2000–01 the Government received £241,000.

asked Her Majesty's Government:What schemes they have introduced to assist the shipbuilding and ship repair industries since 1997. [HL1712]

No new schemes to assist the shipbuilding and ship repair industries have been introduced since 1997. However, considerable improvements have been made within existing schemes to assist those industries to improve their competitive performance. In addition to those through department's innovation budget (see the answer to PQ 2001/1602), we have made substantial enhancements to the two sector-specific schemes—the Shipbuilding Intervention Fund (SIF) and the Home Shipbuilding Credit Guarantee Scheme (HSCGS).SIF ceased at the end of last year, as did all other forms of shipbuilding operating aid across the EU, but during the final phase of the scheme we extended its scope and made other changes to make it more attractive to the shipyards. We permitted an element of profit in the calculations of grant levels and broadened eligibility, both geographically and by class of ship.As regards the HSCGS under which the DTI provides soft credit facilities to ship owners in the form of loan guarantees, we have made the scheme more flexible by providing support for loans in US dollars and euros and by providing guarantees at floating rates.

asked Her Majesty's Government:Whether they have any plans to set up a high-level interdepartmental working group to consider a maritime policy for the United Kingdom embracing shipping, shipbuilding and ship repairing. [HLI713]

A high-level interdepartmental committee already exists to support the work of the Shipbuilding Forum. This latter body was established in the summer of 1998 to bring together all interested parties in the UK shipbuilding and ship repair industries. Membership includes the Shipbuilders and Shiprepairers Association, the Society of Maritime Industries, the Chamber of Shipping, the Confederation of Shipbuilding and Engineering Unions, the Engineering and Marine Training Agency and officials of interested government departments (Defence, Transport, Local Government and the Regions, Trade and Industry, Scottish Executive and Northern Ireland Executive). The report of the Shipbuilding Forum was published in December 1998 and a copy has been placed in the Library of the House.

Northumberland: Foot And Mouth Status

asked Her Majesty's Government:Whether they will designate the Berwick Borough and Alnwick District areas of Northumberland as foot and mouth disease-free areas. [HL1584]

The Parliamentary Under-Secretary of State, Department for Environment, Food arid Rural Affairs
(Lord Whitty)

The reclassifying of a county to free status firstly requires that county to have had no new cases of foot and mouth disease for a period of at least 90 days and for the necessary serological testing to be complete and to satisfy the Chief Veterinary Officer's requirements. The last confirmed case in Northumberland was on 29 September. It cannot be reclassified as foot and mouth disease-free until 28 December at the earliest. With regard to the possibility of splitting the county, local interests have been consulted in Northumberland and the majority viewpoint is that the county should remain a single entity for the purposes of the AMLS.

Hound Trailing

asked Her Majesty's Government:Whether they will consider, at an early date, issuing licences to permit the training of puppies in the Lake District, bred and kept solely for the sport of hound trailing (which is not a blood sport), where the trail is no more than a mile in length and confined to only one agricultural holding, on no more than seven sites on a regional basis around that area of Cumbria where hound trailing is an historic activity. [HL1679]

Hound trailing comes within the definition of hunting in the Foot and Mouth Disease Order 1983 (as amended) and is currently prohibited throughout England and Wales by virtue of that order and the Foot-and-Mouth Disease Declaratory (Controlled Area) (England and Wales) (No. 3) Order 2001. The activities associated with hound trailing create a similar risk of spreading foot and mouth disease to other forms of hunting and will he treated the same for that reason.A veterinary risk assessment has been prepared on hunting with dogs, which has been published together with detailed proposals to ease the current restrictions on hunting. These documents have been placed in the Library of the House. From 17 December, hunting with dogs, including hound trailing, will be allowed under a temporary permit system in foot and mouth disease free counties, except onto premises subject to Form A or D restrictions or any like restrictions under Article 38 of the Foot and Mouth Disease Order. It is not proposed to permit the resumption of hound trailing or any other form of hunting with dogs in Cumbria until that county attains the status of a foot and mouth disease-free county.

Defra: Strike Action

asked Her Majesty's Government:How many working days have been lost to strike action in the Department for Environment, Food and Rural Affairs since the department was launched. [HL1818]

Between the launch of the department and 4 December, a total of 16,020 working days has been lost due to strike action by departmental staff who are members of the Public and Commercial Services Union.

Defra: Staffing

asked Her Majesty's Government:What are the current levels of staffing within the Department for Environment, Food and Rural Affairs. [HL1819]

As at 1 November 2001, the department had 8,157 members of staff plus a further 5,952 in its agencies, making a total of 14,109.

Rent Restructuring: Local Authorities

asked Her Majesty's Government:When they intend to publish examples of the impact of rent restructuring on individual authorities. [HL1623]

The Minister of State, Department for Transport, Local Government and the Regions
(Lord Falconer of Thoroton)

Local authorities are responsible for deciding rents. It is therefore a matter for individual authorities.

Safeway: Plough Lane Application

asked Her Majesty's Government:When they will announce their decision relating to the planning application by Safeway plc on land at Plough Lane, London SW 19; and what has been the reason for the delay of over a year since their inspector concluded his report and submitted it. [HL1807]

The decision to refuse planning permission for mixed use development by Safeway plc on land at Plough Lane, London SW19 was issued on 6 December 2001. The public inquiry into this called in planning application closed on 27 September 2000. The inspector's report was received by the Government Office (GOL) for London on 1 February 2001. GOL's target for issuing a decision was 20 June 2001. The issues involved in the case were complex and a detailed examination was warranted. It should not have taken so long. As the noble Lord will be aware, we plan to issue a Green Paper on the future of the planning system very shortly and we shall be looking closely at ways to speed up the process.

English Speakers Of Other Languages Teachers

asked Her Majesty's Government:When they expect the completion of the development of a package of training and support materials for English for speakers of other languages (ESOL) teachers; and when they expect to deliver an intensive programme, which will train all teachers who work six hours or more to deliver the new core ESOL curriculum; and [HL1509]When they expect to produce the support package for all those who teach refugees and asylum seekers; and [HL1510]Whether the funding for the development of the national core curriculum for ESOL's final version will be available in December 2001. [HL1511]

The Parliamentary Under-Secretary of State, Department for Education and Skills
(Baroness Ashton of Upholland)

As part of Skills for Life, the national strategy for improving adult literacy and numeracy skills, the Government are fully committed to providing good quality English language provision for adults who do not speak English as their first language. The core curriculum for English for speakers of other languages (ESOL), based on the National Standards for Adult Literacy, has been developed following consultation and will be published by my department on 20 December 2001.An intensive teacher training programme to train all teachers who work six or more hours per week to deliver the ESOL core curriculum began in September: 2,500 teachers will have completed their training by April 2002. As part of this work, a report on the use of existing ESOL diagnostic assessment tools will be produced to inform the production of a new ESOL diagnostic assessment instrument by September 2002. Guidance for teachers will also be produced on how to report learner progress against the national standards and ESOL curriculum. In addition, we intend to develop ESOL learning materials and train teachers in their use.

We are currently producing a support pack for people working with asylum seekers and refugees. This will include advice and guidance for workers, managers and teachers and will be available in April 2002. Further guidance to support the education of children of asylum seekers and refugees is also being developed.

Eu Applicant Countries: Jean Monnet Programme

asked Her Majesty's Government:What they are doing to help young people in European Union applicant countries to attend European Union studies courses, under the European Commission Jean Monnet project; and how they can help the Commission meet the demand for these courses. [HL1651]

Applications under the Jean Monnet programme are made directly to the institutions offering the courses, and there is no UK intermediary or agency involved in the process. The British Council actively encourages students in the accession countries to take up all opportunities of attending UK universities, including those offered under the Jean Monnet programme. The Government and the British Council have also introduced a package of changes to support the Prime Minister's initiative to attract international students to the UK. This includes increasing the number of places on the Chevening Scholarship Programme, which enables international students world-wide to study in the UK, easing restrictions on international students taking paid employment and simplifying visa arrangements. The Government also support and encourage student mobility through the Erasmus action of Socrates, which is open to the accession countries.

Individual Learning Accounts: Animal Rights Organisations

asked Her Majesty's Government:Whether they have any information that animal rights organisations may have been involved with illicit applications either as providers for, or recipients of, individual learning accounts; and, if so, when it was brought to their notice. [HL1727]

The police have arrested 38 people suspected in involvement in animal rights activities. Two of these were registered as ILA providers and the remainder were registered as learners. The police informed DfES of this involvement on 14 June 2001 and worked closely with the DIES Special Investigations Unit to pursue the investigation.

Schools: Food Skills Teaching

asked Her Majesty's Government:Whether they are reviewing or intend to review how issues about food and nutrition are taught in primary and secondary schools. [HL1757]

The revised national curriculum came into effect in September 2000. All primary pupils have a statutory entitlement to food technology and learn practical food skills, including food hygiene, and are encouraged to develop positive attitudes to food. At key stage 3 the Government strongly encourage secondary schools to offer pupils the opportunity to study food technology, and 90 per cent do so. The new framework for personal, social and health education encourages schools to link their teaching of food technology with the opportunities for teaching nutrition, health and hygiene.

asked Her Majesty's Government:Whether they are content with the level of knowledge about food and nutrition gained at school by children up to the age of 16. [HL1758]

We believe that food education has a much stronger place in schools now than ever before and is meeting the needs of young people being educated for life in the 21st century. Food, nutrition, healthy eating and cooking are covered within design and technology, science and personal, social and health education. Twenty-six per cent of pupils were entered for design and technology (food) GCSEs in 2001, an increase of 5 per cent since 1999.

Early Literacy Support

asked Her Majesty's Government:Whether the materials used to support the early literacy support were tested on representative samples of matched experimental and control children with pre and post testing carried out using standardised tests before their introduction; and whether the results of any such tests will be made available to the public. [HL1769]

The Early Literacy Support Programme, which is based on the teaching objectives in the National Literacy Strategy Framework for teaching, was piloted during 2000–01 in about 1,000 year 1 classes in 50 local education authorities. The pilot was monitored by Ofsted, which reported that:

"In general, the quality of teaching was good in the Year I lessons observed in the vast majority of schools. Pupils' responses to the intervention sessions were overwhelmingly positive. Teachers observed marked gains in pupils' confidence and willingness to contribute within the Literacy Hour".
No experimental and control groups or standardised tests were used as part of the pilot.

Leisure Pursuits

asked Her Majesty's Government:What measures the Secretary of State for Culture, Media and Sport has taken in response to the recommendations of the National Heart Forum that policy initiatives for adults and children should focus on increased participation in leisure pursuits such as walking or cycling. [HL1610]

The Minister of State, Department for Culture, Media and Sport
(Baroness Blackstone)

The Government welcome the recommendations of the National Heart Forum (NHF). DCMS will explore these recommendations with other government departments with which it is working closely to ensure a co-ordinated approach to the Government's agenda to promote physical activity. These departments include the Department of Health, the Department for Education and Skills and the Department for Transport, Local Government and the Regions.With regard to funding for cycling, the Millennium Commission has made a £43,500,000 lottery award to Sustrans for the national cycle network. In addition, the Lottery Community Sports Fund has so far made 12 awards to cycling projects worth a total of £1·45 million.Walking has also benefited from the Lottery Sports Fund by around £1½ million, including awards to the following: the National Trust received £217,000 for the construction of 10·4 kilometres of footpath in the High Peak; the Yorkshire Dales National Park Authority received £84,000 to construct a network of long distance paths in the Dales; and the North York Moors National Park Authority received £165,000 for the improvement of disabled access to the moors.In addition, the English Tourism Council is currently looking at issues relating to tourism and health. The aim of this is to develop and publicise "toolkits" to advise the industry on new markets with potential, such as health tourism. This will be published in January 2002.

Public Entertainment Licences

asked Her Majesty's Government:What is the average cost of making an application for a public entertainment licence as borne by (a) the licensee; (b) the police; (c) the courts; and (d) the local authority. [HL1842]

There are no costs falling on local authorities, the police and the fire authorities, as public entertainment licensing fees allow the local authority concerned to recover the costs of administration, inspection and enforcement associated with the licensing regime. The magistrates' courts and the Court of Appeal become involved in public entertainment licensing only if a decision of the licensing authority is appealed, and the courts have the discretion to recover their costs if appropriate.Existing legislation does not provide for any single fee structure. Public entertainment licence fees are set by local authorities and vary enormously. Generally, most fees vary between £40 and £20,000, depending on the venue or scale of the event. There are some higher exceptions. For example, rarer large-scale events involving an audience of more than 5,000 can incur fees between £25,000 and £50,000. For permanent premises, renewal is required annually. The main cost falling on the licensee are the fee, the cost of legal representation, if needed, and the indirect costs of meeting the terms, conditions or restrictions attached to a licence. We estimate that the fee and legal costs to a licensee running permanent premises commonly range between £200 and £25,000 per year. However, no information is available centrally on the indirect costs to licensees of compliance with the terms, conditions and restrictions which may be attached to any licence.

Diabetes National Service Framework

asked Her Majesty's Government:What will be the date of the publication and implementation of the Diabetes National Service Framework; and whether this represents a delay. [HL1653]

The Parliamentary Under-Secretary of State, Department of Health
(Lord Hunt of Kings Heath)

The Diabetes National Service Framework standards will be published this year and the delivery strategy in summer 2002. This will enable the National Health Service to prepare to plan for the 10-year implementation programme which will start in April 2003.

Autism

asked Her Majesty's Government:What plans they have to improve services for children with autism. [HL1724]

Children with autism will benefit from a range of initiatives we are taking to improve services for disabled children. As part of the Quality Protects programme, the Government set new national objectives for children's services which for the first time set out clear outcomes for children and in some instances give precise targets which local authorities are expected to achieve. These were updated in the Learning Disabilities White Paper Valuing Peope, issued in March 2001.Disabled children have been made a priority area in Quality Protects. The last spending review made substantial additional funding available for the Children's Services Grant, which now totals £180 million in 2001–02, £220 million in 2002–03 and £290 million in 2003–04. Of this, £60 million has been earmarked for services for disabled children and their families—£15 million in 2001–02 and 2002–03 and £30 million in 2003–04.The Government have also announced that services for disabled children will be a key area to be addressed by the National Service Framework for Children.The Special Educational Needs Code of Practice 2001 (which will be effective from 1 January 2002) provides strengthened and more focused advice on identifying, assessing and providing for children's special educational needs. Next year the Department for Education and Skills will also be publishing good practice guidance on aspects of provision for children with autism, mainly aimed at schools and local education authorities.

Rheumatoid Arthritis

asked Her Majesty's Government:Whether the National Institute for Clinical Excellence will take account of the social and economic costs of rheumatoid arthritis in its assessment of anti-TNF alpha remedies. [HL1735]

The National Institute for Clinical Excellence (NICE) carries out appraisals in accordance with its framework document. This document states that "its task is to assess the evidence of all clinical and other health-related benefits of an intervention—taking this in a wide sense, to include impact on quality of life, relief of pain, or disability etc as well as any impact on likely length of life—to estimate the associated costs, and to reach a judgment on whether on balance this intervention can be recommended as a cost-effective use of NHS and PSS resources". The detailed application of these principles is a matter for NICE itself.

asked Her Majesty's Government:Further to the Answer by Lord Hunt of Kings Heath on 20 November (HL Deb, col. 999), what action they have taken to discover why three times more women than men develop rheumatoid arthritis; and what plans they have to prioritise research funding into rheumatoid arthritis. [HL1777]

The most recent edition of the British Medical Journal's publication, Clinical Evidence, estimates the ratio of women to men with rheumatoid arthritis in the United Kingdom to be 2·5:1. The Department of Health is seeking advice on the evidence that is available for possible explanations of the difference in prevalence of rheumatoid arthritis in women and men.The Medical Research Council (MRC), the main government agency that funds research into treatment and causes of disease, spent approximately £4 million on arthritis and rheumatic disease in 2000–01. The MRC does not as a rule earmark funds for particular topics: research proposals in all areas will compete for the funding available. When appropriate, high quality research in the areas the MRC is promoting may be given priority in competition for funds, but research excellence and importance to health will continue to be the primary considerations in funding decisions. The MRC always welcomes high quality applications from the scientific community for support into any aspect of biomedical research and these are judged in open competition with other demands on funding.The Department of Health funds research to support policy and the delivery of effective practice in the National Health Service. Research on the clinical effectiveness and cost-effectiveness of anakinra for rheumatoid arthritis was recently commissioned through the Health Technology Assessment Programme. This work is being undertaken on behalf of National Institute for Clinical Excellence.

asked Her Majesty's Government:Why the national service framework for coronary heart disease includes phase two diabetes but not rheumatoid arthritis, which is an equal contributor to coronary heart disease. [HL1779]

The national service framework (NSF) was drawn up by an independent group of experts led by Professor Sir George Alberti, President of the Royal College of Physicians.Diabetes is an important risk factor for coronary heart disease (CHD), and CHD is also the major cause of death for people with diabetes. Although rheumatoid arthritis can lead to serious heart disease, the underlying processes differ from those that commonly cause CHD, whereas the weight of clinical opinion is that diabetes is such an important risk factor that it merits specific inclusion in the NSF.

Digital Hearing Aids

asked Her Majesty's Government:Whether the statement about the National Health Service provision of digital hearing aids by John Hutton MP, Minister of State for Health, to Dr Evan Harris MP in a letter dated 3 May that "we will study the results of the project and will roll out the changes to the rest of the National Health Service in a planned and systematic way which will benefit everyone who uses the National Health Service hearing aid services" is consistent with the statement made by Jacqui Smith MP, Minister of State for Health, in HC Deb, 13 November, 685W that "Planning and decisions on modernisation and associated funding and resources are being kept under review until further data can start to be taken into account". [HL1813]

Yes. The Modernising Hearing Aid Services Project is being evaluated by the Institute of Hearing Research to provide information on the most effective hearing aids for National Health Service patients, the best ways to supply hearing aids and how a modern hearing aid service can best be delivered to NHS patients. The Department of Health has received interim reports based on data collected from a relatively small sample of patients. The evaluation is still ongoing and the final full evaluation report will be available next year. Decisions on how best to spread the modernised services throughout the NHS will be made as the results of the evaluation emerge. In the meantime, we have earmarked funds to begin roll-out of a modernised service and have said that up to £25 million will be invested by 2003–04.

Lords Of Appeal In Ordinary

asked Her Majesty's Government:On what dates since 1945 the maximum number of Lords of Appeal in Ordinary has been revised; to what figure on each occasion; and whether the number in office has ever been less than the maximum (save for short periods between appointments). [HL1680]

The maximum number of Lords of Appeal in Ordinary has been increased from seven in 1945, to nine in 1947, to 11 in 1968 and to 12 since 1994.It has been a commonplace occurrence to have fewer Lords of Appeal in Ordinary than the maximum figure allowed for in the legislation. For instance, there were never more than 10, and on occasion fewer, Lords of Appeal in Ordinary in post between 1968, when the maximum was increased to 11 by the Administration of Justice Act 1968, and March 1992, when the noble and learned Lord, Lord Slynn of Hadley, was appointed as (the eleventh) Lord of Appeal in Ordinary.

Electronic Conveyancing

asked Her Majesty's Government:When they intend to publish the analysis of the responses to the consultation paper

Electronic Conveyancing: A draft order under section 8 of the Electronic Communications Act 2000 (CP:5/2001). [HL1964]

My department has today published an analysis of the responses under the title Electronic Conveyancing: Analysis of the responses to the consultation paper on a draft order under section 8 of the Electronic Communications Act 2000 (CP(R):05/2001). I have arranged for copies to be placed in the Libraries of both Houses.

Crown Leaseholders

asked Her Majesty's Government:What effect the Commonhold and Leasehold Reform Bill, if enacted, will have on the rights of Crown leaseholders to enfranchise and to acquire a new or extended lease. [HL1960]

The Parliamentary Secretary, Lord Chancellor's Department
(Baroness Scotland of Asthal)

Following a statement made on 2 November 1992 by Sir George Young, the Crown authorities gave an undertaking that the Crown would, as landlord and subject to specified conditions, agree to the enfranchisement or extension of residential long leases under the same qualifications and terms which applied by virtue of the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 to lessees who hold from other landlords.It was announced on 3 April 2001,

Official Report, cols, WA 110–112 that the Crown authorities had confirmed that they would apply the undertaking to the provisions of the 1967 Act and the 1993 Act as amended by the Commonhold and Leasehold Reform Bill which was then before Parliament. As was announced by my noble and learned friend Lord Falconer of Thoroton during Third Reading of the Commonhold and Leasehold Reform Bill, which is before this Parliament, on 19 November 2001, (Official Report, col 927), the Crown authorities have now confirmed that this also applies to those Acts as amended by the current Bill. This undertaking accordingly supersedes the one given on 3 April 2001.

The full terms of the agreement made by the Crown are as follows:

(1) the Crown as landlord will, subject to the conditions described below, agree to the enfranchisement or extension of residential long leases or the grant of new residential long leases, under the same qualifications and terms which will apply by virtue of the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 to lessees who hold from other landlords;

(2) enfranchisement will be refused where property stands on land which is held inalienably;

(3) enfranchisement will also be refused where certain circumstances, which only apply to the Crown, obtain. These are:

  • (i) where there are particular security considerations (on the advice of the Royal and Diplomatic Protection Group of the Metropolitan Police or other security agencies);
  • (ii) where properties are in, or intimately connected with, the curtilage of historic Royal Parks and Palaces;
  • (iii) where properties, or the areas in which they are situated, have a long historic or particular association with the Crown.
  • (4) the areas referred to in paragraph (3) (iii) include the Off Islands within the Isles of Scilly (St Agnes, Bryher, St Martins and Tresco), the Garrison on St Mary's, the village of Newton St Loe and parts of central Dartmoor. The properties referred to in that paragraph include old land revenue and reverter properties and grace and favour properties;

    (5) where enfranchisement is refused on the grounds set out in paragraphs (2) and (3) but the tenant would otherwise qualify for enfranchisement, lease extension or the grant of a new lease by analogy with the statutes, the Crown will be prepared to negotiate new leases;

    (6) the Crown will follow the valuation bases set out in the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993;

    (7) the Crown will agree to be bound by arbitration where there is dispute over valuation or other terms, except in cases under paragraphs (2) and (3). The Leasehold Valuation Tribunal will he empowered to act as the arbitration body, and will hear such disputes on voluntary reference;

    (8) the Crown will be entitled to apply to the Leasehold Valuation Tribunal for approval of a scheme of estate management in the same way as other landlords.

    Northern Ireland Human Rights Commission

    asked her Majesty's Government:What legal power under the Northern Ireland Act 1998 was used by the Northern Ireland Human Rights Commission when it criticised the United Kingdom's fifth periodic report on the International Covenant on Civil and Political Rights before the United Nations Human Rights Committee at Geneva on 17th to 18th October; and whether the Government have explained to the Northern Ireland Human Rights Commission that an independent foreign policy is not possible under the constitution of the United Kingdom. [HL1280]

    Sections 69(1), (3)(b) and (9) of the Northern Ireland Act 1998 give the Northern Ireland Human Rights Commission a range of powers and duties concerning the provision of advice on the adequacy of law and practice concerning the protection of human rights in Northern Ireland. The commission made its submission to the United Nations Human Rights Committee under these powers.However, the commission raised this issue in its report to the Secretary of State for Northern Ireland required under Section 69(2) of that Act, requesting that the Act be amended to make explicit reference to such a power. The Government are considering this report and will publish their response early in 2002.Schedule 2 to that Act makes clear that international relations are an excepted matter.

    asked her Majesty's Government:Whether they will provide details of the case against the Northern Ireland Human Rights Commission, referred to at point 3·7 in the commission's published minutes of July. [HL1281]

    The name and case reference number are available at the Public Records and Tribunal Office for the public to see.The case referred to in the minutes is M. Waters v NIHRC, Case Reference number: 75/01 F.E.T.

    However, the case referred to in the minutes is an ongoing case and further details are not in the public domain.

    asked Her Majesty's Government:Whether the staff of the Northern Ireland Human Rights Commission have any responsibility for policy, as indicated by the commission's published minutes of September; and where this power may be found in the Northern Ireland Act 1998. [HL1304]

    The policy of the Northern Ireland Human Rights Commission is set by the commissioners and implemented by the staff.

    asked Her Majesty's Government:Whether, prior to the recent reappointment of members of the Northern Ireland Human Rights Commission for the next three-year period, these positions had been advertised; if not, why not; and whether a recruitment process had been put in place; and [HL1661]What opportunity those who aspire to replace the existing commission in 2002 had to apply for membership of the second Northern Ireland Human Rights Commission. [HL1742]

    The Secretary of State for Northern Ireland announced in February 2001 his intention to make further appointments to the Northern Ireland Human Rights Commission and invited applications from people interested in this work. Advertisements were placed in a wide range of national, regional and local newspapers. Over 1,100 expressions of interest were received, resulting in over 500 applications. Four new commissioners drawn from this pool were appointed on 22 November, along with the reappointment of the existing commissioners.

    asked Her Majesty's Government:Why they reappointed eight of the existing members of the Northern Ireland Human Rights Commission, including the Chief Commissioner, Professor Brice Dickson, on 22 November, even though their current appointments run until 28 February 2002; for how long are the appointments; and how the reappointments comply with the principles of openness and transparency; and [HL1664]On what date they wrote to the existing commissioners on the Northern Ireland Human Rights Commission offering reappointments (as indicated by the commission's minutes of 10 September); and whether they will place copies of the letters in the Library of the House. [HL1665]

    Although the current appointments of the original commissioners, including the Chief Commissioner, run until 28 February 2002, guidance from the Commissioner for Public Appointments indicates that decisions on reappointment must be taken in a timely manner and in all cases before the current term expires. The Government believe that this is particularly important for a newly established body such as the Northern Ireland Human Rights Commission, where all the initial appointments were due for renewal on the same date.For this reason, the Secretary of State for Northern Ireland decided it would be appropriate to make a decision about whether or not to reappoint the existing commissioners in advance of the end of their initial term in order to provide some certainty for the commissioners themselves and for the wider public in Northern Ireland.The Commissioner for Public Appointments code of practice makes clear that reappointments may be made, subject to certain considerations, without the need for an open competition. The reappointments of the Northern Ireland Human Rights Commissioners were made in accordance with that code of practice.As part of the process of considering whether or not to reappoint the existing commissioners, the Government sought to establish, without prejudice to any offer or reappointment, whether the existing commissioners wished to serve a further term. To this end, officials in the Northern Ireland Office wrote to the existing commissioners on 8 August 2001 asking them to indicate whether or not they were interested in being reappointed. The letter, a copy of which has been placed in the Library of the House, made clear that it did not constitute an offer of reappointment.Of the eight commissioners who have been reappointed, five (including the Chief Commissioner) have been appointed for a period of three years and three have been appointed for a period of two years.

    asked Her Majesty's Government:Whether the appointments of 22 November to the Northern Ireland Human Rights Commission are in accord with the code of practice for public appointments; and whether they were approved by the Commissioner for Public Appointments. [HL1743]

    Appointments to the Northern Ireland Human Rights Commission are made in accordance with the code of practice for public appointments issued by the Commissioner for Public Appointments, Dame Rennie Fritchie. The Commissioner for Public Appointments' role is not to approve appointments but rather to regulate, monitor and report on ministerial appointments to public bodies, including the Northern Ireland Human Rights Commission.

    asked her Majesty's Government:Whether it is the case that there have been no appointments to the Northern Ireland Human Rights Commission from the Ulster Scots community, or from those who for religious reasons do not believe in the concept of human rights. [HL1765]

    None of the members of the Northern Ireland Human Rights Commission has specifically identified themselves either as coming from the Ulster Scots community or as having a religious faith that does not recognise the concept of human rights.

    asked Her Majesty's Government:Whether they have undertaken to make the Northern Ireland Human Rights Commission representative of the entire community; and, if so, whether this undertaking has been met; and [HL1662]Further to the Written Answer by the Lord Privy Seal on 3 December

    (WA72) indicating that appointments to the Northern Ireland Human Rights Commission reflect as far as possible the community in Northern Ireland, whether they will explain what is meant by this; and what parameters were used to make the judgment that the commissioners reflected as far as possible the community in Northern Ireland. [HL1861]

    The Northern Ireland Act 1998 requires the Secretary of State for Northern Ireland "as far as practicable [to] secure that the Commissioners, as a group, are representative of the community in Northern Ireland". The Secretary of State is also obliged to make appointments in keeping with the guidance issued by the Commissioner for Public Appointments, including the principle of appointment on merit. The process is necessarily constrained both by the number of people interested in being appointed and by the extent of their qualifications for appointment.However, it is clear that the commission includes, for example, both unionists and nationalists, men and women, Catholics and Protestants and people from a range of professional and geographical backgrounds within Northern Ireland. In addition, following the recent appointments, it includes a disabled commissioner and a commissioner with strong links to Northern Ireland minority ethnic communities. It is therefore representative on many grounds.On that basis, the Government remain satisfied that the Secretary of State has fulfilled both the statutory requirement and the obligation to appointment on merit. These factors will continue to govern the way in which the Secretary of State will make future appointments.

    asked Her Majesty's Government:What measurement they have used to calculate the success of the work of the Northern Ireland Human Rights Commission and of its individual members. [HL1804]

    The Northern Ireland Human Rights Commission operates independently of government, fulfilling the role set out for it in the Northern Ireland Act 1998 and envisaged in the Belfast agreement. It would be inappropriate for the Government to be measuring the performance of an independent body.

    The role of the Chief Commissioner was set out in the original advertisement, which appeared in the press on 24 November 1998:

    • Providing strategic direction and leadership for the commission;
    • Representing the commission in public;
    • Developing and maintaining the commission's external relationships at the highest level; and
    • Accounting for the expenditure of the commission.

    The Secretary of State for Northern Ireland has considered whether the Chief Commissioner, Brice Dickson, has fulfilled this role and has concluded that he should be reappointed for a further term.

    Performance appraisal of the other commission members is a matter for the Chief Commissioner. In considering whether or not they should be reappointed, the Government sought and received an assessment from the Chief Commissioner of whether or not their performance had been satisfactory.

    asked Her Majesty's Government:During the assessment of applicants for the vacancy which occurred in the Northern Ireland Human Rights Commission in early 2001, what information was required of each applicant on the monitoring form. [HL1862]

    When the Secretary of State for Northern Ireland announced his intention to make further appointments to the Human Rights Commission, applicants were asked to complete two forms:The first form, the yellow application form, formed part of the assessment process. Completion was therefore mandatory. The form required candidates to set out how they met the criteria for the post, indicate their previous employment and public appointments history and state any political activity within the past 10 years. It also requested practical details of any special needs requirements for interview.The second form, the pink monitoring form, did not form part of the assessment process and was processed separately. Its purpose was to monitor the impact of the process on various groups within the nine categories specified in Section 75(1) of the Northern Ireland Act 1998. Completion of this form was not mandatory.Copies of both forms have been placed in the Library of the House.

    Northern Ireland Police Service

    Lord Laird asked Her Majesty's Government:

    Whether they will inform applicants for the Police Service of Northern Ireland of their score and place in the recruitment pool; and if not, why. [HL1555]

    All applicants who have successfully entered the pool of qualified candidates are informed that they have achieved the fixed merit standard. Candidates who wish to know their individual score can access that from Consensia. It is not normal practice to provide individuals with access to the scores of other candidates.

    asked Her Majesty's Government:On what date, and in what form, the tender for the proposed badge design for the Police Service of Northern Ireland was issued; by whom it was issued; how many companies were considered; who made the appointment; and why. [HL1660]

    Draft designs were commissioned by the Northern Ireland Office from a number of Northern Ireland based designers, the details of which are commercially confidential. This work was not subject to a competitive tender process.

    Written Question Hl753

    asked Her Majesty's Government:Why they took so long to provide an Answer to HL753 tabled on 4 October. [HL1806]

    The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster
    (Lord Macdonald of Tradeston)

    It took longer than is desirable to answer the noble Lord's earlier Question and for this I apologise.