asked Her Majesty's Government:Whether the practice (in the High Court or in the Court of Session) of not holding hearings in public for interim injunctions or interdicts in industrial disputes is consistent with the obligations of the United Kingdom under the European Convention on Human Rights. [HL2320]

In England and Wales hearings in the High Court may only take place in private in the limited circumstances set out in Part 39 of the Civil Procedure Rules. A practice direction, supporting the relevant rule of court, specifically requires the judge to have regard to Article 6(1) of the European Convention on Human Rights in exercising this discretion. The High Court has held that Part 39 of the rules is compatible with Article 6 of the European Convention on Human Rights. In Scotland, the Court of Session's practice is to hold all interim hearings in open court and announce the calling over the public address system. Only in exceptional circumstances would an interim hearing be held in chambers.

asked Her Majesty's Government:How many applications for judicial review or leave to apply for judicial review were granted during 2001 in cases to which the provisions of paragraph 15(2) of the Immigration and Appeals (Procedure) (Amendment) Rules 2001 would have applied if it had been in force. [HL2410]

Data on the number of applications for judicial review or leave to apply for judicial review in cases to which paragraph 15(2) of the Immigration and Appeals (Procedure) (Amendment) Rules 2001 would have applied if it had been in force are not collated centrally. They could be made available only at disproportionate cost.

asked Her Majesty's Government:Whether they will establish a sex offenders management unit within the Prison Service in England and Wales. [HL2505]

The Prison Service has no such plans but keeps under review the efficacy of arrangements for the management of sex offenders. Sex offenders may be serving sentences from a few months to life and it is unlikely that it would be practicable or beneficial to manage such a diverse population through a central unit. However, the Prison Service's sex offender treatment programme is supported from the centre, thus providing a co-ordinating mechanism for the development, training, delivery and evaluation of relevant treatment.

asked Her Majesty's Government:When they will publish a summary of the responses to the public consultation on the review of the sentencing framework. [HL2666]

The summary of responses has been published today, 4 February 2002. Copies of the summary are being sent to each Member of Parliament and will be placed in the Library. Further copies will be available in the Vote Office and in the Printed Paper Office.

asked Her Majesty's Government:Whether, for the purposes of immigration control, there are any "non-removable nationalities". [HL2495]

It is the destination, not the nationality, which is the primary concern. A decision on whether or not a person is returned will depend on the facts of the particular case, conditions at that time in the country concerned and the availability of appropriate travel routes. It will also take into consideration whether there are any other countries to which a person can be lawfully returned.

of Mar asked Her Majesty's Government:How many asylum seekers whose claims have been refused and who have exhausted all appeal procedures have been returned to Somalia, Liberia, Iraq, Afghanistan and the Ivory coast since January 2000. [HL2496]

The estimated number of principal asylum applicants removed during the period April to June 2001 for each of the requested nationalities are given in the table.

asked Her Majesty's Government:Why some companies providing unmetered Internet access in the United Kingdom have to charge VAT on their subscriptions while others do not; and when they intend to remove these anomalies. [HL2486]

This is a complex area of EC VAT law, centring on the interpretation and application of the rules that govern the place of taxation of services. The Government currently have the treatment of Internet access packages under review and are also negotiating for relevant changes to be made to EC VAT law in order to provide lasting clarity and certainty in this area.

asked Her Majesty's Government:What they intend to achieve by the National Survey of Time Use and the People, Families and Communities Survey 2001. [HL2507]

The information requested falls within the responsibility of the National Statistician, who has been asked to reply.

asked Her Majesty's Government:What Treasury guidelines will determine whether or not sports clubs will be able to qualify for 80 per cent business rate relief and for exemption from tax on savings, bequests and gifts. [HL2544]

The consultation document, Promoting Sport in the Community, contains proposed guidelines on applications for charitable status via the Charity Commission, as well as proposed guidelines for a possible tax package administered by the Inland Revenue. Copies of the consultation document can be found in the House Library.

asked Her Majesty's Government:Whether they will issue guidance to sea fishermen's organisations to clarify the latest European Union directive on the sizes of net meshes. [HL2461]

The department issued a guidance note to all licensed vessel owners in England and Wales on 23 November 2001. We are placing a copy in the Library of the House.

asked Her Majesty's Government:Whether they will provide a breakdown of the total costs of the foot and mouth outbreak to date. [HL2227]

The Chancellor's Pre-Budget Report shows that the Government are spending an additional £2.7 billion to tackle foot and mouth disease and its implications for the rural economy. This figure has now been updated. The full breakdown is as follows:

asked Her Majesty's Government:Whether they have plans to increase the sheep annual premium which was devalued for 2001 by I he impact of foot and mouth disease on the United Kingdom export trade which consequentially lifted prices on the Continent. [HL2522]

There is no provision in the European Union sheepmeat regime that permits member states to increase the rate of the sheep annual premium. The final rate of the premium for 2001 has now been determined by the European Commission, and we have no plans to seek to change this.

asked Her Majesty's Government:Whether they have plans to bring the real returns of United Kingdom farmers up to equivalent levels enjoyed by sheep farmers elsewhere in the European Union. [HL2523]

Returns to UK sheep farmers in 2001 were affected by a number of factors, including the effects of foot and mouth disease and the strength of sterling, while returns to sheep farmers elsewhere in the European Union benefited from high market prices. We expect returns to farmers in the UK to recover in 2002 with the reopening of export markets and the introduction of the fixed rate sheep annual premium, which is set significantly above the final rate of the premium for 2001.

asked Her Majesty's Government:What progress is being made in the research to find a vaccine to protect sheep from sheep scab. [HL2500]

With the eventual aim of reducing the use of chemicals for the control of sheep scab, Defra is funding an ongoing programme of research. Building on the scientific findings from previous work, a large collaborative project, the cost of which was £657,000, involving immunological studies in sheep was started in July 2000. Scientists at the VLA, Weybridge, and the Moredun Institute, Edinburgh, are reporting good progress and are cautiously optimistic for future developments. However the development of a vaccine for wide-scale use is some years away. Further information on this work will be available on-line during February 2002 at http//www.defra'research/ publications/reviews.

Majesty's Government:What action they are taking to stengthen the law and penalties applying to international or reckless disturbance, damage or destruction to or of any elements of the marine environment. [HL2436]

The protection afforded to cetaceans and basking sharks was recently strengthened by the Countryside and Rights of Way Act 2000. This Act introduced a new offence of intentional or reckless disturbance to any species of cetacean or basking shark. It was already an offence to intentionally kill, injure or take any protected marine species under the Wildlife and Countyside Act 1981. The penalties for offences against protected marine species were also increased to a maximum fine of £5,000 or six months' imprisonment, or both.The Government plan to launch a consultation exercise in the spring on regulations to transpose the Habitats and Birds Directives to the limit of jurisdiction of UK waters. The regulations include new criminal penalties in relation to acts carried out that result in deterioration, damage or destruction of a breeding site or resting place of a European protected species.

asked Her Majesty's Government:What action they are taking to ensure that relevant United Kingdom or devolved Ministers have the power to introduce restrictions and controls on activity on land or sea that pollute the marine environment and to ensure that strict conditions are applied whenever and wherever offshore activities are licensed to take place. [HL2437]

The UK is a contracting party to the OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic. Under this convention we are committed to take the measures necessary to prevent and eliminate pollution and protect the maritime area against the adverse effects of human activities. Among other things, we are committed to the target of 2020 for the cessation of discharges, emissions and losses of hazardous and radioactive substances of most concern into the marine environment.A range of mechanisms are in place to carefully consider the environmental impacts of offshore activities on the marine environment before any activities are licensed. For example, decisions about granting consent for exploration or development projects carried out under petroleum licensing will take place in the light of public consultation on a strategic environmental assessment of those areas. They will take account of, among other things, the requirements of the regulations that apply the Habitats and Environmental Impact Assessment Directives to offshore oil and gas activities. Any consents granted may be subject to conditions designed to protect particular environmental sensitivities.Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.

asked Her Majesty's Government:What action they are taking to ensure that relevant United Kingdom or devolved Ministers have the power to make emergency and stop orders to restrict activities that have the potential to damage the marine environment. [HL2438]

Matters relating to marine areas beyond 12 nautical miles are reserved to UK Ministers. Ministers in the devolved administrations have responsibility for matters relating to nature conservation within 12 nautical miles.Ministers in England have powers under Regulation 22 of the Conservation (Natural Habitats & c.) Regulations 1994 to make special nature conservation orders (SNCOs). SNCOs can be made in respect of all special protection areas classified under the EU Birds Directive, including those with one or more marine habitat types, and, in England, all candidate special areas of conservation, identified under the EU Habitats Directive. SNCOs may prohibit or restrict operations that have damaged or have the potential to damage the habitat or species interest features for which an individual site has been designated.Under the Radioactive Substances Act 1993, inspectors have authority to serve enforcement notices and prohibition notices. If the inspector has grounds for believing that a criminal offence has been committed, evidence will be gathered with a view to considering prosecution.Maritime emergencies must allow for the possibility of simultaneous operations at sea, in the air and on shore. To ensure the best overall control of such operations, the Government have created the role of the Secretary of State's Representative for Maritime Salvage and Intervention (SOSREP). On behalf of the Secretary of State for Transport, Local Government and the Regions, SOSREP has the power to oversee, control and, if necessary, to intervene in salvage operations within UK waters involving vessels or fixed platforms where there is a significant risk of pollution. The powers of direction invested in SOSREP are extensive and are called into play when he believes that the public interest is not being adequately protected.Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.

asked Her Majesty's Government:Whether effective penalties are applied for all illegal activities affecting the marine environment, including fines, confiscation of equipment and restoration where damage has occurred. [HL2439]

The Countryside and Rights of Way Act 2000 introduced new penalties for offences against protected marine species. It is still too early to judge the effectiveness of these penalties.Competent authorities operating regulatory regimes in relation to European sites identified in accordance with the Birds and Habitats Directives are required to apply the provisions contained in Part IV of the Conservation (Natural Habitats etc) Regulations 1994 for the protection of such sites. Special nature conservation orders (SNCO) may be made in relation to any European site to control activities which may damage or disturb the interest of the site and which are not otherwise controlled by regulatory regimes. Failure to comply with an SNCO could result in a potentially unlimited fine.Under merchant shipping legislation a magistrate can impose a fine of up to £250,000 on either the master or the ship-owner for an oil pollution offence. A magistrate may refer a more serious case to the Crown Court where there is no statutory limit on the fine that may be imposed.Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.

asked Her Majesty's Government:What action they are taking to strengthen monitoring, inspection and law enforcement in order effectively to protect the marine environment. [HL2440]

The Review of Marine Nature Conservation identified investigation of problems associated with existing regulatory, governance and enforcement mechanisms as a key area of work for the proposed regional seas pilot scheme. The scheme would examine issues such as the identification of gaps and weaknesses in marine nature conservation legislation.In the case of pollution from ships, the Government have an effective policy on monitoring, enforcement, prosecution and cost recovery. The policy has recently been assessed and is kept under constant review.Responsibility for several matters associated with the protection of the marine environment is devolved. Such matters are therefore for the respective devolved administrations.

asked Her Majesty's Government:What action they are taking to improve the effectiveness of co-ordination between the relevant law enforcement authorities involved in protecting the marine environment, and to strengthen powers of arrest. [HL2441]

The proposed regional seas pilot scheme under the Review of marine nature Conservation would consider which enforcement agency or agencies might be most appropriate to enforce relevant legislation in the maritime area.A memorandum of understanding is in place between the Maritime and Coastguard Agency and the Environment Agency which governs enforcement practices at the interface between sea-based and land-based pollution, and we contemplate a similar arrangement with harbour authorities. The Maritime and Coastguard Agency is a signatory to the Attorney-General's convention between prosecuting authorities to provide arrangments for ensuring effective coordination of decision-making and handling in related cases which are the responsibility of different authorities.

asked Her Majesty's Government:What action they are taking to establish a representative network of nationally important marine protected areas within the United Kingdom's 200 nautical mile limit where activities are controlled and where damage to features of conservation or ecological importance is prevented or repaired. [HL2455]

A great deal of work has already been carried out in territorial waters to establish a UK network of special areas of conservation under the EC Habitats Directive. The conservation of these sites is now being actively pursued by the country conservation agencies. Work is currently underway to develop a complementary UK series of marine special protection areas under the EC Birds Directive. To apply the site protection requirements of both directives beyond the 12 nautical mile limit of our territorial waters, the Joint Nature Conservation Committee (JNCC) has been commissioned to identify and agree relevant habitats and species in the 12 to 200 mile marine zone; to develop selection criteria and refine habitat definitions; and to collate known data on those habitats and species. The JNCC is due to report in March 2002.The interim report of the Review of Marine Nature Conservation recognises that there is a need to draw together the identification of those habitats, sites and species which are nationally important and which justify conservation action. We are considering how we might take this work forward.

asked Her Majesty's Government:What action they are taking to establish special management areas in the marine environment; and what priority they are according the protection of significant cultural seascapes. [HL2456]

The Government take the protection of underwater cultural heritage seriously and will be reviewing the existing legislation in this field as part of the forthcoming review of statutory controls applicable to the historic environment. Initiatives such as the establishing of marine national parks will be considered as part of this review.The forthcoming Marine Stewardship Report will set out our vision and strategy for the sustainable development and conservation of the marine environment. We are looking at new ideas and initiatives for the protection and management of the marine environment in this context.

asked Her Majesty's Government:What action they are taking (a) to review the criteria for the selection of protected species and the biodiversity action plan to ensure that the precautionary principle is applied and (b) to implement them. [HL2458]

The Joint Nature Conservation Committee (JNCC) is currently co-ordinating the fourth Quinquennial Review (QQR) of the schedules to the Wildlife and Countryside Act 1981. Based on representations made to it, the JNCC will make recommendations to government on possible amendments to the schedules. Criteria for the selection of species for the current round have already been established, but all representations will be considered in determining the criteria for the next QQR.The criteria for the selection of UK Biodiversity Action Plan species were first determined by the UK Biodiversity Steering Group in its report published in December 1995. The criteria for selecting marine species were subsequently reviewed by the marine subgroup. The sub-group took particular account of the limited knowledge surrounding distribution and population dynamics of species other than those that had been subject to recent and long-term survey analysis. It supplemented the original criteria with the following guidelines to produce a revised list of marine species: wide-ranging species which cannot be protected within a designated habitat; vulnerability to damage by pollution or physical disturbance such as trawling; low fecundity; high age of first maturity; inability to recolonise an area after loss or removal due to particular developmental biology (sessile species with benthic larvae or brooding young).The revised list of priority species and action plans for a further 10 individual marine species and six groups of marine species were published in October 1999. Implementation of the marine species action plans is being co-ordinated by the UK Marine Biodiversity Action Plan Co-ordinating Group.The next review of biodiversity action plan species is planned for 2005.

asked Her Majesty's Government:What action they are taking to prioritise the designation and sustainable management of special areas for conservation and special protection areas in the marine environment out to 200 nautical miles and to ensure that where necessary additional marine species such as turtles and sea fans are covered by existing provisions to protect them from reckless disturbance. [HL2459]

We are extending the implementation of the EC Birds and Habitats Directives beyond the 12 nautical mile limit of our territorial waters to areas over which we claim sovereignty. This will be achieved through legislation and will offer protection to species listed on those directives, which include some species of turtles, and to sites identified in accordance with developed guidelines. The Joint Nature Conservation Committee is due to report to government in March 2002 having been commissioned to identify and agree relevant habitats and species in the 12 to 200 mile marine zone; to develop selection criteria and refine habitat definitions; and to collate known data on those habitats and species. Following consideration of the JNCC report, the UK will begin the identification of possible special areas of conservation and special protection areas required by the directives.The pink sea fan receives protection under the Wildlife and Countryside Act 1981.

asked Her Majesty's Government:What action they are taking to ensure effective legislation in support of a national bycatch response strategy designed to reduce bycatch of protected species to levels which protect their conservation status. [HL2460]

The UK was instrumental in gaining approval at the last Meeting of the Parties to the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) to a resolution which clearly identifies that cetacean bycatch above 1.7 per cent of the current abundance estimate constitutes an unacceptable interaction. In July 2001, the Government set up a working group to develop a co-ordinated UK bycatch response strategy which would identify what measures (including legislative changes, if necessary) can be taken to work towards meeting the ASCOBANS target. The group will report later this year.

asked Her Majesty's Government:What additional control measures have been introduced to control the possible spread of bovine TB after the foot and mouth disease outbreak. [HL2637]

I am announcing today the introduction of TB movement restrictions on certain herds with overdue TB tests. The herds affected are those in annual test frequency parishes that have missed the six and 12-month tests carried out after the lifting of movement restrictions put in place after an earlier TB incident. A veterinary risk assessment has shown that these have been historically more at risk of being infected with TB than herds with other types of TB test. The measure is expected to affect up to 1,250 herds mainly in the south and west of England. In addition, we are introducing additional checks on herds that have been reformed after FMD. These herds will be TB tested at 12 and 24 months after the normal TB check test at three months after restocking.

asked Her Majesty's Government:If they will make a statement on farm incomes. [HL2639]

Revised estimates of farm incomes, output and productivity of agriculture during 2001 were published on 31 January. These confirm the increase in farm incomes forecast last November and indicate a modest rise of 13 per cent (11 per cent in real terms).This increase is due to improved prices leading to higher values of output for milk, potatoes and horticulture outweighing lower values of output for cereals and livestock. Incomes are forecast to show a further rise in 2002 as the volume of cereal production returns to more normal levels and the industry starts to recover from the effects of FMD.Details have been placed in the Library of the House.

asked Her Majesty's Government:Whether the fees to be paid by merchants and saddlers for registration in 2002–03 with the Royal Pharmaceutical Society of Great Britain under the Medicines (Exemptions for Merchants in Veterinary Drugs) Order 1998 have yet been determined. [HL2638]

Yes. With the consent of the Treasury, the schedule of fees for registration, retention and restoration has been determined. This is given in the attached table:

asked Her Majesty's Government:When they will announce the names of the chair and panel members for the independent investigation into the handling of complaints against Dr Kerr and Mr Haslam. [HL2665]

We are pleased to announce that Mr Nigel Pleming QC has agreed to chair this investigation. Mr Pleming has considerable experience in health law, including mental health law.We are also pleased to announce that Ms Ruth Lesirge and Ms Ros Alstead have agreed to be panel members. Ms Lesirge is chief executive of the Mental Health Foundation. Ms Alstead is Director of Quality and Operations and Nursing at the South Birmingham Mental Health NHS Trust.Mr Pleming and the inquiry panel will start work shortly. They will be holding early meetings with those involved to discuss the issues to be covered in the investigation.

asked Her Majesty's Government:Whether the Commissioner for Public Appointments is to be reappointed at the end of her term. [HL2667]

I am pleased to be able to announce that Dame Rennie Fritchie has been reappointed for a further term of three years when her current appointment comes to an end on 28 February. Dame Rennie has fulfilled her role as regulator of the public appointments system in a resolute and distinguished manner over the last three years. She has made a major contribution to raising standards in this area and I am sure that this will continue during her second term. She will continue to serve as a Civil Service Commissioner.

asked Her Majesty's Government:Whether they will publish all their correspondence, including e-mails, with the Northern Ireland Human Rights Commission concerning the issue of the right to march on the Queen's highway. [HL2392]

It is not the Government's policy to publish private correspondence between Ministers and private individuals or organisations. Requests for information on this issue should be addressed in the first instance to the Northern Ireland Human Rights Commission.The Government have consistently made clear that the best way for the parading issue to he resolved is for a local agreement, reflecting mutual respect for each others' rights and traditions.

asked Her Majesty's Government:Whether the appointment of Peter Hosking to undertake a review of the work of the Northern Ireland Human Rights Commission was in accord with government guidelines requiring an impartial review of the commission's activity. [HL2254]

I refer the noble Lord to the Answer given on Thursday 10 January 2002 (Official Report, col. WA 124). That Answer referred to an award of £25,000 being made subject to certain conditions. These conditions were attached solely to the grant of £25,000. It was open to the Northern Ireland Human Rights Commission to reject these and conduct the work in accordance with its own wishes and within its existing budget. Within that context, the appointment of Peter Hosking was a matter for commission.

asked Her Majesty's Government:Who prepared and authorised the terms of reference for the independent evaluation and review of staffing of the Northern Ireland Human Rights Commission; on what basis the list of groups to be contacted was developed and by whom; and whether there view team was encouraged to contact members of Parliament,

I refer the noble Lord to the Answer given on Thursday 10 January (Official Report, col. WA 124) and the letter of 3 January 2002 from the Chief Commissioner, a copy of which has been placed in the Library.

asked Her Majesty's Government:Whether they intend to improve the explanatory material supplied with statutory instruments. [HL2599]

I am pleased to announce that, with effect from 1 March, all affirmative statutory instruments laid before the House will be accompanied by an explanatory memorandum which will be a fuller document than the existing explanatory note. This is intended to assist Parliament in considering the instrument. The new memoranda will be in addition to the explanatory notes, which will continue to be printed with statutory instruments.