asked Her Majesty's Government:Whether, in the light of the conference on the European Union Data Protection Directive held on 30 September and 1 October, they have any plans to amend the United Kingdom's data protection legislation; and, if so, in what ways. [HL5961]

We have no plans to amend the Data Protection Act 1998 in the light of the conference. The conference was organised by the European Commission to help inform the report that it is preparing on the implementation of the EC Data Protection Directive (95/46/EC). A copy of the United Kingdom's response to the Commission's questionnaire to EU member states about the implementation of the directive is in the Library. I understand that the Commission's present objective is to produce their report by about the turn of the year. When the report is available, the Government will consider what implications it may have for the 1998 Act

asked Her Majesty's Government:When the Lord Chancellor's Strategic Investment Board's annual report for 2001–02 will be published. [HL6215]

Copies of the Strategic Investment Board's first annual report covering the period from 1 January 2001 to 31 March 2002 have now been published. Copies are now available in the Library of the House and via the Lord Chancellor's Department's website at www.lcd.gov.uk. This provides full details of the board's achievements for that period and its recommendations for future investment strategies for the Public Guardianship Office.

asked Her Majesty's Government:What is the level of fuel duty in pence per litre equivalent for liquid petroleum gas, compressed natural gas, liquid natural gas, biodiesel and bioethanol. [HL6218]

I very much regret that incorrect figures were inadvertently included in my previous Answers to the noble Lord (HL5721) and to Lord Carter (HL5237 and HL5238) on this subject. The formulae used for converting the rate of duty for road fuel gases from kilogrammes to an equivalent rate per litre were calculated wrongly.The current duty rate for gas used as road fuel, including liquefied petroleum gas (LPG), compressed natural gas (CNG) and liquid natural gas (LNG), is 9p per kilogramme. The petrol equivalent measured in pence per litre for these gas fuels is listed below.

	Duty rate	Duty rate for gas calculated on equivalent basis to petrol
Type of fuel	(pence per KG)	(pence per litre)
CNG	9	6.1
LPG	9	5.4
LNG	9	6.1

The figures showing the duty in pence per litre are calculated by comparing the units of energy of each gas and its petrol equivalent. This calculation takes into account the energy value and engine efficiency of the different fuels and therefore gives the most accurate comparison between one fuel and another.The rate of duty for biodiesel is 25.82p per litre and for bioethanol it is 45.82p per litre.

asked Her Majesty's Government:What action is being taken to tackle cross-Channel smuggling. [HL6255]

Tobacco smuggling grew very rapidly in the late 1990s until by 2000–01 over 20 per cent of the cigarette market was illicit. The cost of that tobacco smuggling to UK taxpayers was £3.5 billion. A further 6 per cent of the market was legally non-tax paid product bought abroad and brought back for own use.The great majority of cigarette smuggling is undertaken by serious and organised criminals who conceal large volumes of cigarettes in excess of one million at a time in freight consignments. In 2000, a smaller proportion was smuggled by cross-Channel passengers. However in that year the total cost of such passenger excise smuggling was still £1.7 billion.Had no action been taken over the last two years Customs and Excise estimates that the illicit share of the cigarette market would have reached 31 per cent by the end of March 2002.Since the launch of the Tackling Tobacco Strategy in March 2000 Customs and Excise has been successful in containing growth in the illicit cigarette market. has disrupted over 100 organised crime gangs responsible for the vast majority of the smuggling and has had dramatic success in cutting losses from cross-Channel passenger smuggling by almost three-quarters. Figures for 2001–02, the second year of this strategy, will be published at the time of the Pre-Budget Report and we anticipate they will show that the strategy remains on track. In the same period consumer expenditure on legitimate cross-border shopping for alcohol and tobacco has grown by 10 per cent.In 2000–01 Customs seized 2.8 billion cigarettes. Of these 0.9 billion were seized overseas through the work of Customs overseas' liaison officer network, a further 1.2 billion were seized in freight consignments, 400 million were seized inland and 55 million were seized at the ports from cross-Channel passenger smugglers.The sole focus of Customs excise enforcement activity in respect of cross-Channel passenger traffic is to tackle those who smuggle tobacco or alcohol having received or intending to receive money or money's worth for those goods. The Government have consistently made clear that people are entitled to bring into the UK without liability to tax as much EU tax-paid tobacco or alcohol as they wish for their own use. Customs literature also makes this clear.Just one-tenth of 1 per cent of those who have crossed the Channel in the past two years have had tobacco or alcohol seized by Customs. Since the start of the strategy, the average quantity seized by Customs from cross-Channel passenger smugglers was approximately 4,900 cigarettes and 15 kilos of hand rolling tobacco (equivalent to at least 18,000 cigarettes).Of the 0.1 per cent of cross-Channel passengers who had tobacco or alcohol seized in the years 2000–01 and 2001–02, over 75 per cent chose not to make any sort of appeal against that seizure. Of those that did appeal, magistrates' courts overwhelmingly backed the judgments made by Customs and found against Customs in less than 0.1 per cent of cases, and only 1 per cent of cases were either overturned or restored by a Customs review officer or by an independent tribunal.Building on the success of the Budget 2000 anti-smuggling measures, we are today announcing the next stage of the tackling tobacco strategy. Despite cross-Channel tobacco smuggling having been cut by around three-quarters in the past two years, smugglers are becoming increasingly sophisticated in their attempts to blend in with honest shoppers. So the measures we are announcing today will help make the distinction between smugglers and honest shoppers even clearer. The measures make clear that Customs activity is legal and fair but tough upon those who attempt to smuggle. It comprises the following components.Regulations will be laid before Parliament today to abolish the 1992 Personal Reliefs Order and replace it with new provisions that effectively define shopping and smuggling, specify the factors Customs will take into account in distinguishing one from the other and place the onus for that decision upon Customs; reaffirm that all Customs stops are lawful and those for excise-specific purposes based on reasonable grounds for suspicion; and increase the indicative levels for tobacco from 800 to 3,200 cigarettes and from 1 kg to 3kgs of hand rolling tobacco, representing around six months' supply for an average smoker. Those bringing back larger quantities of tobacco must expect, if asked, to explain how it is that such goods are for their own use. Customs will continue to seize quantities below these levels as well as above them where they are satisfied that those goods are intended for resale or other exchange for money or money's worth.In addition, the announcements the Government are making today will confirm that vehicles used to smuggle tobacco or alcohol will continue to be liable to seizure, but for small first offences Customs will offer restoration of the vehicle for the value of the attempted revenue evasion. Those who use vehicles to smuggle on a large scale or a repeat basis will not be offered such an opportunity and must expect to lose their vehicles.A new clearer guide to appealing/complaining is being published by Customs today and will be given to all those who have goods seized or wish to complain about Customs behaviour towards them.Customs is to undertake, in conjunction with the Lord Chancellor's Department, a review of the present appeals structure and to present proposals for streamlining and simplifying these arrangements by the end of January 2003. The terms of reference will be available today in the Library of the House and on the Customs website (www.hmce.gov.uk), together with details for submitting contributions.Having brought cross-Channel passenger smuggling under control, the Government are determined that it should remain so. To this end Customs expects to conduct an increased number of prosecutions against large-scale and serial cross-Channel passenger smugglers.Violence against Customs officers in the course of carrying out their duties will not be tolerated under any circumstances. Customs will toughen its policy and prosecute anyone who perpetrates serious assaults on staff.This set of measures provides the public with a clear guide to their right to shop for alcohol or tobacco for their own use within the EU and to the consequences for those who attempt to evade tax in bringing in such goods, having received or intending to receive money or money's worth for some or all of them. It will also enable Customs to continue to prevent the smuggling of tobacco or alcohol and the disorder which accompanies such smuggling from ruining the enjoyment of honest cross-border shoppers. It will also enable Customs to prevent the smugglers from undermining the UK economy in alcohol or tobacco products and from depriving our public services of essential tax revenues. Customs will act fairly and in accordance with the law but it will also act firmly and with the full weight of sanctions against those who break the law.

asked Her Majesty's Government:Bearing in mind the urgency alluded to by Ministers at the time of the Bill's passage through Parliament, what progress is being made in implementing Section 11 of the Anti-terrorism, Crime and Security Act 2001. [HL6052]

Part 11 of the Anti-terrorism, Crime and Security Act 2001 requires consultation to take place with the Information Commissioner and industry before implementation. The consultation process, which has concentrated on the terms of a draft code of practice, is now drawing to a conclusion.In the meantime, as indicated during the passage of the Bill, the industry has co-operated, agreeing voluntary compliance in order to help the security and intelligence services in the fight against terrorism.

asked Her Majesty's Government:Whether they agree with the statement of the European Union Data Commissioners, as contained in their press release of 11 September following the International Conference in Cardiff, that they have grave doubts as to the legitimacy and legality of current proposals by the European Union governments to introduce mandatory systematic retention of data traffic; and what implications this has for the implementation of Section 11 of the Antiterrorism, Crime and Security Act 2001 whether under a voluntary or compulsory scheme. [HL6053]

The recently agreed European Communications Data Protection Directive Article 15(l) amendment struck a careful balance. The directive ensures that governments in Europe are not prevented from using traffic data to fight serious crime, but underlines the need to ensure that any measures should be appropriate, proportionate and respect the European Convention on Human Rights.Part 11 of the Anti-terrorism Crime and Security Act 2001 allows for the retention of communications data obtained or held by the communications providers—these are data about communications transactions, not the content of those transactions. It is intended that this is delivered by way of agreements between the Secretary of State and the providers through a code of practice. The Act allows for a review of the operation of the code's requirements and for an order to be made by statutory instrument for directions to be given if necessary.

asked Her Majesty's Government:What was the total amount spent by the Home Office for each of the following years (2000–01, 2001–02 and proposed for 2003) in England and Wales in respect of race related activities awarded to external consultants; and which consultants have been appointed. [H L6010]

The available information detailing the name and total amount spent by the Home Office in respect of race related activities awarded to external consultants in each of the following years 2000–01,2001–02 and proposed spend for 2003 in England and Wales is as follows:

Consultant	Spend 2000–01 £	Spend 2001–02 £	Proposed spend 2003 £
Ghazani Carol Partnerships	20,000	—	—
Astar Management ConsultantsLtd	—	45.120	—
Sebert Cox	—	19,246	—
Lumen Consultants	—	11,245	—
JTN Consultancy	—	—	85,000
Institute of Employment	—	—	170,000
ATH Consultancy Ltd	—	1,000	—
Domino Consultancy	—	—	5,850
John McAteer	—	38,226	—
Annette Reis Dunne	—	22,452	—
Mark Waters	—	11,497	—
Anthea Fenton	—	20,715	—
Akronym	—	27,485	—
Astar Management Consultants	—	26,261	—
Capita Business Services	—	3,451	—
Institute for Employment Services	—	211	—
Equilibrium Consulting	—	5,599	—
Mike Briggs	395	4,306	—
POCC Consultants	—	84,711	—
HOST Consultants	—	67,000	—
Totals	20,395	388,525	260,850

asked Her Majesty's Government:Whether they intend to bring forward the Commission for Racial Equality's draft code of practice on the duty to promote race equality in Scotland. [HL6256]

I have today laid the Commission for Racial Equality's draft statutory code of practice on the duty to promote race equality in Scotland.

asked Her Majesty's Government:What is the number of private hospital beds in the United Kingdom per 100,000 of the population by region. [HL5987]

The number of beds per 100,000 population in private hospitals and clinics by National Health Service regional office area in England is shown in the table for 31 March 2001.Information on the number of private hospital beds in Scotland, Wales and Northern Ireland is a matter for the individual government departments.

Number of beds in private hospitals and clinics by NHS region as at 31 March 2001
England
NHS regional office area	Number of beds per 100,000 population
England	22.0
Northern and Yorkshire	10.7
Trent	9.7
Anglia and Oxford	28.8
North Thames	37.0
South Thames	35.4
South and West	17.7
West Midlands	13.8
North West	17.2

asked Her Majesty's Government:Whether they will provide details of the Prime Minister's meetings with representatives of the countryside of the United Kingdom since 1997. [HL5822]

The Prime Minister has meetings with a wide range of organisations and individuals. It is not the normal practice of the Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis, under Exemptions 2 and 7, Part II of the Code of Practice on Access to Government Information.

asked Her Majesty's Government:What are their future plans for the railway line between Lisburn and Antrim. [HL6004]

The draft budget presented to the Northern Ireland Assembly on 24 September does not include any resources to maintain services on the Lisburn to Antrim railway line beyond 31 March 2003. Consequently the Government are having to consider the future of this line in the context of the contribution which it makes to public transport and the importance of other competing priorities for the resources that would be necessary to keep the line in operation.

asked Her Majesty's Government:What environmental charges (such as landfill tax) are imposed on the newspaper industry; and, if any, whether these take account of the total number of pages each daily or weekend newspaper prints. [HL5888]

The Government are keen to encourage waste minimisation and to maximise recycling. We have a voluntary agreement with the Newspaper Publishers' Association which sets targets for the recycled content of its newspapers. It exceeded the target of 60 per cent by the end of 2001, and is on track to meet the future targets of 65 per cent by the end of 2003 and 70 per cent by the end of 2006.Like any industry, the newspaper industry has to pay for the proper treatment and disposal of the wastes it produces. Whether this involves recovery of materials or disposal through landfill, the operator of the waste treatment facility would be entitled to charge for the service. As such charges generally relate to the tonnage of waste produced, they also relate to the size of the newspaper printer's operation. The Climate Change Levy provides businesses a further incentive to improve energy efficiency and reduce impacts on the environment.

asked Her Majesty's Government:Whether they will update the table on the cases of BSE confirmed in Britain each week during the calendar year 2002 to date, together with the moving annual total of cases for each 52-week period. [HL6056]

The table shows cases of BSE confirmed in Britain each week during the calendar year 2002 to date, together with the moving annual total of cases for each 52-week period. Active and passive surveillance cases are presented separately. See footnote.

asked Her Majesty's Government:Whether the quinquennial review of the Royal Botanic Gardens, Kew has been completed. [HL6214]

The review team completed stage II of its quinquennial review of the Royal Botanic Gardens, Kew earlier this year.

asked Her Majesty's Government:How many people are on the waiting lists of applicants for ESOL (English for speakers of other languages) courses in England; and how many of these are (a) waiting for initial interviews and (b) students waiting to be placed in classes. [HL5919]Whether they consider it acceptable that there is currently a waiting list of several months for initial assessment interviews for applicants for ESOL (English for speakers of other languages) classes at Nelson and Colne College and of six months for students who have undertaken an initial assessment before they can be offered places in classes; and whether they will provide extra resources in order to allow additional provision to be made. [HL5921]

The Government are fully committed to providing good quality English language provision for adults who do not speak English as a first language. Neither the Department for Education and Skills nor the Learning and Skills Council (LSC) holds information on waiting lists of ESOL provision across England. Some areas have higher demand for ESOL provision than others, and the LSC will ensure that where colleges can identify a need to expand their ESOL provision, sufficient funding will be available to them. In addition, the LSC has commissioned research into any unmet demand for ESOL. This includes a survey of providers to establish whether any individuals are on waiting lists for ESOL courses and whether there are constraints on growth to meet demand. The department has recently established ESOL pathfinders, including one in Burnley and Pendle, where Nelson and Colne College is a main partner, to test the new ESOL teaching and learning infrastructure and how we can improve and widen access to ESOL learning.

asked Her Majesty's Government:What arrangements exist for universities to have their letters and questions answered by, arid to receive hearings from, the Higher Education Funding Council about the decisions reached by the council in the 2001–02 research assessment exercise, especially in cases where significant changes in the assessment rating occurred during the process.[HL6016]

The outcome of the research assessment exercise was reached through consideration of evidence by expert panels appointed by the Higher Education Funding Council for England (HEFCE) and the other funding councils. Letters and queries relating to the exercise are handled by HEFCE in the same way as other correspondence. HEFCE will consider reviewing panels' decisions if there is credible evidence that the established processes were not followed.

asked Her Majesty's Government:Whether all Higher Education Funding Council assessment panels include a foreign member when assessing the international standing of university groups; if not, why not; and what plans they have to ensure such panels always include a foreign member in the future. [HL6017]

In the 2001 research assessment exercise, 60 expert panels considered evidence submitted by higher education institutions. While there was no requirement for panels to include a foreign member, each panel submitted its decisions to a group of overseas experts which endorsed the standard of international excellence. Sir Gareth Roberts is currently leading a review of research assessment on behalf of the UK funding councils. The use of international experts is within the scope of the review.

asked Her Majesty's Government:Whether it is their policy that, where possible, children with English as an additional language should be taught in mainstream classes. [HL6034]

Her Majesty's Government are committed to ensuring that all children learning English as an additional language receive the support they need to access the curriculum as quickly as possible. The consensus among practitioners in England is that EAL teaching is most effective where it is firmly embedded across all national curriculum subject areas. This ensures that pupils have the opportunity to learn English in a meaningful subject-specific context. My department's role is to ensure that the particular needs of bilingual learners are properly taken into account in all policies and programmes aimed at raising standards. Recent examples include the development and dissemination of EAL modules as part of the national literacy and numeracy strategies and key stage 3.

asked Her Majesty's Government:What action can be taken on health and safety grounds to require marine lessees and operators regularly to remove flotsam and jetsam from within their areas of responsibility of ownership. [HL5723]

Under the terms of existing legislation, there are no powers under which the Government can require marine lessees and operators regularly to remove flotsam and jetsam from within their areas of responsibility of ownership. There is no general legal requirement on operators to clear litter from marina waters. The responsibilities of any lessee will depend on the terms of the lease. However, there are powers which do apply in specific circumstances, and they can also differ depending whether the origin of the material is from a land source or from ships.The Department for Environment, Food and Rural Affairs (Defra) will shortly be publishing a consultation paper that includes 27 recommendations for improving the quality of public space. One of these recommendations is to examine the "legislative controls to address litter in areas not covered by Part IV of the Environmental Protection Act 1990 (in particular, on beaches, rivers and canals)". Although flotsam and jetsam is not strictly litter, it may be considered by certain groups to be an unsightly nuisance and something that authorities should have a duty to clear. This factor will be considered as part of the Defra-led consultation process.Sections 79 and 80 of the Environmental Protection Act 1990 require a local authority to investigate any complaint of a statutory nuisance made to it by a person living within its area. If satisfied of the existence of the nuisance, it must serve a notice requiring the person responsible (meaning the person to whose act, default or sufferance the nuisance is attributable or, where that person cannot be found, the owner or occupier of the premises) to abate any nuisance. The matters which may constitute a statutory nuisance for these purposes include any premises in such a state as to be prejudicial to health or a nuisance; and any accumulation or deposit which is prejudicial to health or a nuisance. For the purposes of statutory nuisance, the local authority area includes the territorial sea lying seawards from the shore. The word premises includes land and any vessel, the occupier of the latter being the master of the vessel. Accordingly, it is possible that a local authority would be able to take action to require the private owner of a beach to remove jetsam if it were such as to be prejudicial to health or a nuisance. The situation with flotsam might be more difficult, although at private moorings or within a harbour it might be practicable for the local authority to identify the person responsible or an owner or occupier and serve notice if they considered that a statutory nuisance existed.There are also provisions in place which apply when any vessel is sunk, stranded or abandoned in, or in or near any approach to, any harbour or tidal water under the control of a harbour authority or conservancy authority in such a manner as, in the opinion of the authority, to be, or be likely to become, an obstruction or danger to navigation or to lifeboats.

asked Her Majesty's Government:Whether they are satisfied that the Tubelines Consortium is of undoubted financial standing and demonstrably capable of fulfilling all its obligations throughout the period of the London Underground public private partnership; and [HL6011]What further due diligence inquiries they have made into the financial standing of the members of the Tubelines Consortium since the announcement of its preferred bidder status for the London Underground public private partnership. [HL6012]

The competitions for the PPP contracts to modernise the London Underground's infrastructure are the responsibility of London Underground Limited. Assessment of the capacity of the preferred bidders to carry out their obligations under the contracts is an important part of those competitions.

asked Her Majesty's Government:Further to the Written Answer by Lord Macdonald of Tradeston on 16 October (

The total budget, as yet undetermined, will be available, without individual or annual allocations, to all member states. As such, any scheme which delivers meaningful and measurable modal shift within the United Kingdom will have national benefit.The Government cannot foretell the types of project which UK industry might propose in seeking Marco Polo funding.The United Kingdom, in common with other member states, awaits Commission proposals on detailed rules for the procedure for submission, selection, execution, dissemination and individual reporting arid verification requirements upon which the measurement of achievement will be based.

asked Her Majesty's Government:Whether they see any benefit in encouraging the European Commission's Marco Polo project with a United Kingdom budget of about euro 1 million per annum given that the budget for the ten year transport plan is £3.4 billion and has similar objectives of encouraging more rail freight; or whether this is part of a policy of reducing any proposed expenditure by the European Commission to a minimum. [HL6071]

The European Commission's proposed Marco Polo programme is designed to encourage the modal shift of intra-Community freight from road to rail or water transport. As such, it complements the sustainable distribution objectives of the Government's Ten Year Plan for Transport, funding under which currently stands at £181.9 billion. The Marco Polo budget, as yet undetermined, will be available to all member states, without individual or annual allocation.

asked Her Majesty's Government:What role PA Consulting play in monitoring the installation of speed cameras under the new netting off procedure. [H L6072]

PA Consulting advises the Safety Camera Project Board in all aspects of the netting off scheme. Operational cases, including camera deployment strategy, must be submitted to and approved by the Safety Camera Project Board.

asked Her Majesty's Government:How much PA Consulting is being paid for its work in connection with the netting off procedure for speed cameras; and whether the award was made by competitive tender. [H L6073]

As a result of competitive tender, PA Consulting is currently engaged on a contract of £1,169,450 (excluding VAT) for work associated with netting off in England and Wales. This is funded from the DfT road safety research budget as part of monitoring the road safety effects of speed and traffic light enforcement cameras.

asked Her Majesty's Government:How many requests for new speed cameras remain to be cleared by the project board responsible for the netting off procedure; and when the backlog is expected to be cleared. [HL6074]

There are currently no applications pending to join the safety camera netting off scheme. Any new partnerships wishing to join the scheme in April 2003 must provide outline operational cases by the end of November. Around 15 areas are expected to do so.

asked Her Majesty's Government:Whether the same criteria for the selection of speed camera sites are used in all 10 trial areas. [HL6075]

There were eight trial areas. Site selection criteria were identical for all.

asked Her Majesty's Government:If one speed camera trial area previously had many sites and another had few sites, whether the fact that the former may forecast lower rates of return will be taken into account even though it may still meet the new criteria for siting new speed cameras. [HL6076]

It is accepted that different areas will join netting off with varying levels of existing enforcement. This means that performance in terms of a reduction in those killed and seriously injured (KSI) will vary in each case. However, any partnership seeking to join the netting off scheme must project a minimum reduction in KSIs of at least 10 per cent over the average of the previous three years.

How many airlines now operate from and to (a) Heathrow airport and (b) Manchester airport. [HL6109]

At present, there are 90 airlines operating regularly from and to Heathrow airport and 72 airlines operating from and to Manchester airport.