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Written Answers

Volume 637: debated on Monday 8 July 2002

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Written Answers The Following Qwa Is Reprinted From Col 48 Of The Official Report For 3 July 2002 As The Attached Letter Was Omitted

Monday, 8th July 2002.

M1 And M6 Motorways: Lighting

asked Her Majesty's Government:What measures are being taken to ensure full overhead lighting on the M1 and M6 motorways. [HL4770]

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

I have asked the Chief Executive of the Highways Agency, Mr Tim Matthews, to write to the noble Lord.

Letter from the chief Executive of the Highways Agency, Mr Tim Matthews, dated 2 July 2002.

I have been asked by the Transport Minister, Lord MacDonald, to reply to your recent Parliamentary Question about the provision of full overhead lighting on the M1 and M6 motorways.

When considering whether or not to light a particular section of motorway, we consider the potential for reducing accidents and the environmental impact of additional lighting, particularly in rural areas where there is little or no existing light pollution.

The motorways in question have good accident records. The number of night-time incidents reported is below the national average and there are no plans to install overhead lighting on either.

Roads: Multi Modal Studies

asked Her Majesty's Government:What account they require multi modal studies to take of possible future road pricing programmes for some or all roads. [HL5017]

The Guidance on the Methodology for Multi-Modal Studies, issued in March 2000, recognised that local authorities have powers to introduce road user charging schemes. The guidance also noted that, although there were no plans to introduce more widespread charging schemes on the inter-urban network, it was important that all potential options for resolving problems within study corridors were explored. The guidance therefore advised that it would be "appropriate for the studies to examine the contribution that charging on selected corridors and sections of the trunk road network might make to the delivery of the Government's transport objectives".In addition, my right honourable friend the Secretary of State for Transport, Local Government and the Regions wrote to the chairs of regional planning bodies on 24 May 2002. Among other things, his letter said that multi-modal study recommendations "should build in flexibility as to what should be done now given that we do not believe that a system of road user charging for cars could be introduced this decade and that no decisions have been made about the longer term introduction of road user charging". The same advice was conveyed to the study teams.

Nepal

asked Her Majesty's Government:What progress they have made in securing international support and assistance to the Government of Nepal during its current national emergency; and. [HL4842]What immediate bilateral response they are making to the request of the Government of Nepal for urgent material assistance, in the form of both military aid and rural development, following the latest Maoist incursions; and [HL4843]What has been the nature of their latest conversations with the Indian Government about the need for an immediate response to the crisis in Nepal; and with what result. [HLA844]

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

We are committed to continuing our developmental, political and military assistance to Nepal.We are working closely with our international colleagues in identifying ways to resolve Nepal's problems. It was in this context that the UK hosted an international meeting in London on 19–20 June. We invited representatives from the Nepalese Government and from other countries who share our concerns, including India, the US and China.The meeting resulted in an agreed statement reconfirming support for the Nepalese Government, while also stressing the need for them to match this with internal reform.We have recently approved a package of measures for Nepal totalling £6.7 million as part of our strategy towards South Asia for this financial year. The project will be aimed at short-term development and reinforcing Nepal's developmental, military and police capacity.My honourable friend the Member for North Warwickshire spoke to the New Indian High Commissioner, Ranendra Sen, recently during which he passed on HMG's appreciation of the efforts India has made in assisting the Nepalese Government. Like the UK, India has expressed support for the Nepalese Government in dealing with the current crisis. I hope that this support will continue both bilaterally and within an integrated international approach.

Sudan

asked Her Majesty's Government:What reports of civilian casualties from government air raids in southern Sudan they have received in the first six months of 2002; and what response they have made. [HL4990]

There have been many reports of government air raids in southern Sudan in the first six months of this year. In most cases it has not been possible to verify the details of the number of civilian casualties. We have urged the Sudanese Government not to carry out such raids and to respect their agreement with the SPLA to refrain from attacks against civilian targets. We expect an international verification mechanism to be set up soon to confirm compliance.

British Nationals Imprisoned Overseas

asked Her Majesty's Government:When it is their policy to support a plea for clemency on compassionate grounds from a British national imprisoned overseas. [HL5070]

Decisions on whether to support an application for clemency are taken at ministerial level. When considering an application for clemency on compassionate grounds, Ministers will as a general rule mirror the policy applied by the UK prison services when considering applications for early release on compassionate grounds submitted by prisoners in the UK. Each application for support will be considered on its merits on a case-by-case basis.Ministers would not normally support a plea for clemency on compassionate grounds if a prisoner transfer agreement exists between the UK and the sentencing state and a transfer to the UK could he completed within a reasonable time frame. In such circumstances, any request for early or temporary release on compassionate grounds could then be made to the appropriate UK prison authority.

Three Counties Mink Hounds Meet: Disruption

asked Her Majesty's Government:By what organisation or persons the group of up to 80 masked individuals who assaulted a group of sportsmen and women and their hounds near Bidford in Warwickshire on 16 June were assemblied: and from which counties they came. [HL4865]

I understand from Staffordshire police that a group of 25 to 30 protestors disrupted the meeting of the Three Counties Mink Hounds near Bidford in Warwickshire on 16 June. It is not known whether they belonged to any organisations or group.

asked Her Majesty's Government:What steps are being taken to prevent violent assaults similar to that carried out on 16 June by a group of up to 80 masked individuals on a group of sportsmen and women and their hounds in Warwickshire being perpetrated in that county or elsewhere in the future. [HL4867]

Police forces are working closely with hunts to enable them to gain intelligence on events where violence may occur. In addition, the police are working with the Crown Prosecution Service across force areas to ensure that crimes committed by animal rights extremists are investigated and prosecuted as effectively as possible.

asked Her Majesty's Government:Whether any of the hounds accompanying the group of sportsmen and women who suffered a violent attack by up to 80 masked individuals in Warwickshire on 16 June were injured by them. [HL4868]

I understand from Staffordshire police that they have no reports of hounds being injured by protesters at the meeting of the Three Counties Mink Hounds in Warwickshire on 16 June.

Carriers' Liability: Anti-Terrorism Crime And Security Act

asked Her Majesty's Government:In respect of data which they may require under proposed regulations under paragraph 17 of Schedule 7 to the Terrorism Act 2000, as amended, from every person entering the United Kingdom per year:

  • (a) what would be the cost of obtaining and processing these data;
  • (b) who would be responsible for obtaining the data;
  • (c) who would be responsible for processing the data; and
  • (d) what estimate has been made of the time taken for each passenger to provide the information requested, and any consequent delay to journeys into the United Kingdom. [HL4833]
  • Paragraph 17 of Schedule 7 to the Terrorism Act 2000, as amended by the Anti-Terrorism Crime and Security Act 2001, gives an examining officer the power to make a written request to an air or sea carrier for them to provide information or a type specified by order of the Secretary of State about passengers, crew and goods carried by the craft.Responsibility for processing the data will lie with the enforcement agencies. The enforcement agencies will work with the carriers to help costs and keep any delays to a minimum.

    Immigration Detainees: Bail

    asked Her Majesty's Government:Why they have not yet implemented Part 3 of the Immigration and Asylum Act 1999; and why they intend to abolish routine bail hearings by means of Clause 57(6) of Nationality, Immigration and Asylum Bill. [HL4903]

    Our proposals for the future system of bail for immigration detainees was set out in the recent White Paper Secure Borders, Safe Haven: Integration with Diversity in Modern Britain.Part III of the Immigration and Asylum Act 1999 created a complex system of automatic bail hearings at specified points in a person's detention. These provisions have never been implemented, nor do we believe they will be. As the White Paper made clear, we intend to implement Sections 53 and 54 of the 1999 Act but repeal the remainder of Part III, which is no longer consistent with the need to ensure streamlined immigration and asylum processes.Most immigration detainees will still have the right to apply for bail. These rights to seek bail will be extended by the implementation of Section 54 of the Immigration and Asylum Act 1999 to include persons detained pending deportation who do not have an outstanding appeal.

    Petitions for leave to interveneGrantedGranted to the extent that they may present written submissions onlyRefusedPetitions for leave to Present written submissions onlyGrantedRefused
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    19997610110
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    asked Her Majesty's Government:Whether they have conducted an appraisal of whether the resources available for the operation of the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council are appropriate and sufficient to meet the needs of supreme judicial authorities of the United Kingdom; if so, whether they will publish the results of their appraisal; and, if not, whether they will conduct such an appraisal and publish its results. [HL4873]

    The Government agree that the resources available to the judicial committees of the House of Lords are a matter of importance. Obviously sufficient accommodation must be provided, but while the Appellate Committee is part of the House, this is a matter for the House authorities and not for the Government.

    British Subjects: Deprivation Of Citizenship

    asked Her Majesty's Government:With reference to Clause 4 of the Nationality, Immigration and Asylum Bill, what precedents there are for depriving British subjects of their citizenship. [HL5034]

    Between 1915 and 1948, 287 British subjects wer deprived of that citizenship status. Between 1949 and 1973 10 citizens of the United Kingdom and Colonies were similarly deprived by order of the Home Secretary. An equally small number were deprived by order of colonial governors. There have been no deprivations since 1973, although a number of cases have been considered. The names given to British nationals have changed over time as new legislation has been introduced.

    Appellate Committee Of The House Of Lords

    asked Her Majesty's Government:How many applications have been made during the past five years for leave to intervene in cases before the Appellate Committee of the House of Lords; and how many applications have been granted. [HL4839]

    The information requested is set out in the table below.

    Magistrates' Courts

    asked Her Majesty's Government:To what extent there are national or local shortages of qualified clerks and other administrative staff in magistrates' courts; whether this is causing delays in hearing cases; and, if so, what remedial measures are in hand. [HL4790]

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

    Accurate information about the extent of national or local shortages is not available.In England and Wales the average number of days from first listing to completion in all criminal cases reduced from 36 days in February 2000 to 34 days in March 2002.An informal survey of magistrates' courts committees (MCC) found that just over half said they had experienced some shortages of court clerks; less than half of the MCCs have also experienced shortages of other administrative staff. Less than half said that this has contributed to some delays in hearing cases, although to varying degrees.Some of the measures that MCCs are taking to address the problem include reviewing salaries, considering flexible working patterns and offering training and development packages to attract interest in vacant positions. Staff shortages and delays are presently being taken into account in the Government's spending review.

    Registered Electorate

    asked Her Majesty's Government:What proportion of the registered electorate in each of England, Wales, Scotland and Northern Ireland was registered in electoral units where no elections (excluding by-elections and elections to the House of Commons or the European Parliament) where held, respectively, 1999, 2000, 2001, 2002. [HL4796]

    Solicitors' Practice Rules

    asked Her Majesty's Government:What support is being given to the Law Society to ensure the prompt reform of those solicitors' practice rules identified as anti-competitive by the Director General of Fair Trading. [HL5009]

    Reform of the solicitors' practice rules and removal of anticompetitive restrictions therein are matters for the Law Society to take forward. Where there are restrictions in legislation relating to the regulation of solicitors, they fall to Government to consider. As has already been announced, the Government are planning to consult before the summer break on those issues which fall to them arising from the DGFT's report.

    Network Rail: Accounting

    asked her Majesty's Government:Further to the statement by Lord Macdonald of Tradeston on 27 June (HL Debs, col. 1515) that Network Rail will be consolidated into the accounts of the Strategic Rail Authority, a public body, how Network Rail's debts can be excluded from the public sector borrowing requirement. [HL5014]

    The Strategic Rail Authority's accountants have advised that Network Rail should be consolidated into the accounts of the Strategic Rail Authority. This judgment is based on the application of generally accepted accounting practice (GAPP). This is the system used in the UK to prepare accounts for companies and other types of bodies.The Office for National Statistics (ONS) determined that Network Rail should be recorded as a private sector body in national accounts. ONS's judgment is based on the application of the European System of Accounts 1995 (ESA95). The rules of ESA95 are used across Europe for the preparation of national accounts, which is an integrated set of macroeconomic statistics.Since Network Rail will be classified to the private sector, its own expenditure and borrowing will not be included in public sector statistics such as public sector net borrowing. But any payments by government to Network Rail will score in those statistics.So the different treatments arise because accountants and statisticians have come to different judgments when applying the rules of accountancy on the one hand and a system of economic statistics on the other.

    Gurkha Soldiers: Support

    asked Her Majesty's Government:What steps they are taking to support serving and retired Gurkha soldiers and their families in Nepal. [HL4883]

    Support to serving and retired Gurkhas and their families is channelled through our bases in Kathmandu and Pokara, which provide resettlement training and a recruitment service to help Gurkhas secure employment after they have been discharged. Our pension paying offices also arrange for the regular payment of pensions to retired Gurkhas, who are entitled to an immediate pension after only 15 years service.Separately, the department supports the work of the Gurkha Welfare Trust, an independent charity established in 1969 to provide financial, medical and community aid to Gurkhas and their families when they leave the British Army. The Ministry of Defence makes an annual grant in order to pay for the administrative costs of its field arm, the Gurkha Welfare Scheme (GWS), headed by our defence attaché in Kathmandu. It spends some £6.5 million each year in Nepal and our contribution enables all the money raised by the trust through charitable donations and public appeals to be used solely for welfare purposes. The GWS now also provides, even in the most remote areas of Nepal, primary healthcare, first aid and emergency treatment, doctors' clinics and elementary dentistry, all free of charge. It is also involved in community projects and the award of one-off hardship payments in respect of individual catastrophes. No genuine case of hardship is ever turned away and its work not only benefits our ex-servicemen, but is also of value to the infrastructure of Nepal as a whole.

    In view of the current security situation in Nepal, our embassy in Kathmandu continues to monitor the position closely, and appropriate security briefings are given to all personnel embarking on periods of long leave. HQ British Gurkhas Nepal also keeps in regular contact with Gurkha communities throughout Nepal via a network of retired Gurkha officers.

    Armoured Regiments: Mbts

    asked Her Majesty's Government:Why the six armoured regiments of the British Army do not have the same tank establishment; and what are the reasons for the variation in the number of Challenger 2 main battle tanks established to each regiment. [HL4933]

    The six armoured regiments of the British Army have the same establishment of Challenger 2 main battle tanks. The number allocated to each regiment at any given time is, however, dictated mainly by its specific requirements in any one year.

    A-Level Examinations: Special Arrangements

    asked Her Majesty's Government:Whether they will provide the figures for each year from 1993 to 2001 for the total number of candidates in England and Wales allowed special arrangements in GCE A-level examinations. [HL4967]

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

    I refer the noble Baroness to my Answer on Tuesday 2 July (WA 30).

    School Performance Tables

    asked Her Majesty's Government:Whether schools for 11 to 16 year olds which permit some students to take some GCSEs a year early and then to study for AS-levels or AS-level modules in their last year will have the results of the AS examinations included in the school performance tables for GCSE points score and value added measures; and [HL4999]Whether they consider that allowing children born in the first half of the school year to drop back, and children born in the second half of the school year to advance a year, according to their individual educational needs, might result in an improved educational experience for these children; and, if so, whether they will adjust the bases on which schools performance tables are compiled to remove disincentives to allowing children to advance or drop a year. [HL5000]

    The performance tables for secondary schools already provide for pupils who take their GCSEs early. The Green Paper, 14–19 Extending Opportunities, Raising Standards contains a number of proposals for greater coherence in the 14–19 phase of education, including recognition or the need for young people to be able to develop at a pace consistent with their abilities and a commitment that the achievements of pupils taking AS-levels before the age of 16 are reflected in the performance tables. These proposals will impact on the way performance tables for secondary schools are compiled in future. The Green Paper sought views on how these issues might be addressed. Once we have analysed the views expressed we shall consider what changes might be required. We shall consult on specific proposals for change as part of our annual cycle of consultation on performance tables.

    Corporate Performance Assessment Of Councils: Ofsted Participation

    asked Her Majesty's Government:Why Ofsted has not played a part in the corporate assessment of local authorities taking place. [HL4969]

    Ofsted has contributed in three ways to the corporate performance assessment of councils. Alongside the Standards and Effectiveness Unit, Ofsted has led on the educational element of the assessment and is visiting all 150 LEAs to discuss their score with them. Ofsted has also made its inspection data available to corporate assessment teams and has participated in several corporate governance inspections. It has played a full part, with other inspectorates, in discussion of the emerging methodology.

    Ulster Scots: Broadcasting

    asked Her Majesty's Government:Further to the Written Answer by Baroness Blackstone on 25 June concerning development of minority language based television, radio and film programmes, how this programme was made available to the Ulster Scots community in Northern Ireland; and, if it was not, why not. [HL4948]

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

    The Radio Authority issued a press release in May 2001 to advertise the Access Radio pilot project, inviting interested parties to submit a letter of intent. It also wrote to groups which had attended an Access Radio seminar in February 2001 and to community groups that had broadcast under the authority's short-term restricted service licence in the previous year. Fifteen groups were selected from the 200 letters of intent which were received by the deadline. One of these, Northern Visions Radio (NVR) in Belfast, has stated in its promise of delivery, which forms part of its licence, that "under the Good Friday Agreement and the European Charter for Minority Languages NVR will seek to encourage the use of the Irish language and Ulster Scots". NVR commenced broadcasting on 9 March. Their licence lasts for one year.Skillset, the Sector Skills Council for the audiovisual industries in the UK, works closely with the Northern Ireland Film and Television Commission (NIFTC), the Sector Training Council, in Northern Ireland. The NIFTC welcomes applications for training from all sectors of the community, including those working in minority languages. The NITFC has received no specific approaches regarding training in Ulster Scots in the last two years.

    Children Act 1989

    asked Her Majesty's Government:When will they report on the operation of the Children Act 1989. [HL5068]

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

    We have published a report on the operation of the Children Act 1989 pursuant to our duties under Section 83 of the Act. Copies are available in the Library and the Printed Paper Office. A copy of the document can also be found at the following website address: www.doh.gov.uk/qualityprotects/index.htm and www.doh.gov.uk/scq/childrenactreport2001.htm.

    Foot And Mouth Disease

    asked Her Majesty's Government:Whether they had considered the research referred to by Dr Anderson, of the Institute of Animal Health in the article he wrote in the

    Veterinary Record on 12 May 2001 before the Winslade case went to court on 22 May; and [HL4965]

    Further to the comments of Lord Whitty on the 25 June (HL Deb, col. 1287), whether their assessment of all forms of transmission was amended in any way after they had considered the research referred to by Dr Anderson, of the Institute of Animal Health, in the Veterinary Record on 12 May 2001. [HL4966]

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

    I presume the noble Duke is referring to the article on research on foot and mouth disease by Dr Donaldson in the Veterinary Record of 12 May 2001.

    Instructions issued to the State Veterinary Service on 6 April state that the key methods of transmission of foot and mouth (FMD) have been "through animal, human, mechanical or airborne transfer between neighbouring farms". In the light of the epidemiological background, it is believed that susceptible animals on farms neighbouring a farm where infection has been confirmed will have been exposed to the infection of FMD. The culling of susceptible animals on contiguous farms was vital to prevent further onward spread of the disease. The Winslade case was one where my department obtained a High Court injunction to enable the culling of cattle on a contiguous farm.

    The article by Dr Donaldson concerns itself with only one route of transmission—airborne spread. His research shows that with the particular strain we were dealing with, airborne spread was unlikely to play much part in the lateral spread of disease. But in the 2001 outbreak the other routes were important. Analysis has shown that nearly 80 per cent of cases occurred within 3km of existing infected place and the likely method of spread was put down to one or more of the other routes of infection given above. Dr Donaldson's paper downplays these other routes in the belief that livestock farmers operated good biosecurity. However, this was not always the case.

    Equality: Ministerial Responsibility

    asked Her Majesty's Government:What is the current allocation of responsibility among Ministers of the Crown for the development and co-ordination of policy on legislative measures to combat discrimination and promote equality. [HL4872]

    All Ministers are responsible for mainstreaming and promoting equality through their policies and management. Other Ministers responsible for the development and co-ordination of policy specifically on discrimination legislation are: Secretary of State, Home Office, who has lead responsibility for race and religion; Secretary of State, Department for Work and Pensions, who has lead responsibility for policy on disability and age; Secretary of State, Department for Trade and Industry, who has lead responsibility for gender and sexual orientation.The Department for Trade and Industry also has particular responsibility for preparing legislation to outlaw discrimination at work on the new grounds of age, sexual orientation and religion.The Minister of State, Office of the Deputy Prime Minister, chairs the Cabinet sub-committee on equality, and is responsible for co-ordinating the Government's policies on equality issues.

    Belfast Agreement: Prisoner Release

    asked Her Majesty's Government.How many prisoners released under the arrangements of the Belfast Agreement of 1998 have been returned to gaol; and for what reasons. [HL4986]

    To date (1 July 2002), from a total of 447 prisoners released early under the arrangements of the Belfast Agreement, 22 have returned to prison during their licence period. Eleven have been sentenced to varying periods of imprisonment, four were acquitted or had their charges withdrawn and were released, six have yet to have their charges dealt with; and one had his licence suspended because the Secretary of State believed on the basis of information provided that he had breached the conditions of his release. From the total of 22, seven in all had their early release licences suspended because they were considered to be in breach of their licence conditions.

    Northern Ireland Human Rights Commission

    asked Her Majesty's Government:Whether it is correct for employees of the Northern Ireland Human Rights Commission to provide legal opinions to that commission. [HL5012]

    This is a matter for the Northern Ireland Human Rights Commisison. The chief commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Libraries of the House.

    asked Her Majesty's Government:Whether the casework committee of the Northern Ireland Human Rights Commission may make majority decisions to initiate legal actions in the name of the commission. [HL5013]

    This is a matter for the Northern Ireland Human Rights Commission. The chief commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.