Written Answers
Wednesday, 12th February 2003.
Muslim-Owned Businesses
asked Her Majesty's Government:How many investigations have taken place on suspicion of fraud and terrorism offences into businesses owned or operated by Muslims in each of the past five years; how many have involved raids on premises; and how many arrests, prosecutions and convictions have taken place as a result. [HL1378]
This information is not collected centrally.Fraud: Home Office databases do not contain information on the religion of persons investigated, arrested, proceeded against or convicted for fraud.Terrorism: No statistics are available for the number of investigations that have taken place in connection with terrorist offences into businesses owned or operated by Muslims, nor how many have involved raids on premises, nor how many arrests, prosecutions and convictions have taken place as a result.The provisions of the Terrorism Act 2000 and the Anti-Terrorism, Crime and Security Act 2001 are aimed solely at terrorists and their supporters. They are not targeted at the Muslim community, the overwhelming majority of which is peaceful, law-abiding and makes a valuable contribution to our society.
Rape Allegations
asked Her Majesty's Government:Whether they will publish the report of the Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary on their thematic review of the prosecution and investigation of rape cases, their examination of the incidence of dropped cases after charge and the overturning of convictions following withdrawal of allegations by alleged victims. [HL1450]
Her Majesty's Crown Prosecution Service (HMCPSI) and Her Majesty's Inspectorate of Constabulary (HMIC) published their report on the joint inspection into the investigation and prosecution of cases involving allegations of rape in April 2002. The report touched on the issue of attrition, including cases dropped after charge and acquittals after trial. A separate literature review was published alongside the report which looked at research into the issue, both in the UK and internationally.In July 2002 the Government published an interagency action plan in response to the HMCPSI/HMIC report. The action plan sets out a programme of action to implement the recommendations of the report and details practical measures at every stage of the criminal justice process.
asked Her Majesty's Government:Whether in legislation on the crime of rape due consideration has been given to rape allegations made by alleged victims where (a) the courts have dismissed charges; (b) the alleged victim has subsequently withdrawn the accusations following a period of imprisonment of the accused; and (c) the police have charged the accuser of wasting police time. [HL1451]
The Sexual Offences Bill follows a major review of the criminal law on sexual offences. We do not believe there is anything in our proposals which would encourage an increase in the number of false allegations that are made.The police are duty bound to make detailed investigations where allegations are made of serious offences. Following the initial investigation, the Crown Prosecution Service (CPS) considers the content of the police findings and makes its own independent assessment. Both the police and the CPS have to consider the nature of the evidence before them and whether it is reliable enough to support a realistic prospect of conviction. It is the overriding duty of the CPS to ensure that the right person is charged with the right offence.There are important safeguards in the criminal justice system to ensure that those who are falsely accused or wrongly convicted can have this injustice righted. These include the presumption of innocence, the high standard of proof on the prosecution, the right to legal representation, the right to call any witnesses to challenge and test evidence through cross-examination and the right to seek leave to appeal against conviction or sentence. There are also a range of offences to deal with those who might seek to pursue such allegations, including the offences of perverting the course of justice, wasting police time and perjury. The latter carries a maximum penalty of seven years' imprisonment.
Probation Service
asked Her Majesty's Government:What measures they are taking to improve the morale, staffing and funding of the probation service; and whether this would be cost-effective in relation to criminal justice as a whole. [HL1464]
The information requested is as follows:The National Probation Service has developed through consultation a people management strategy entitled
Achieving Through People. The strategy was launched last September and covers the period 2002–07.
Achieving Through People aims to support the business strategy of the National Probation Service which focuses on improved performance and service delivery and nurturing of the service's staff.
There are five themes to the strategy: (a) leadership and management development; (b) training and development; (c) HR policy and practice; (d) workforce planning pay and reward; and (e) developing the practice of people management.
The strategy has been well received both within, by management and unions, and without the National Probation Service.
A copy of Achieving Through People has been placed in the Library.
Detention Centres: Chaplaincy Arrangements
asked Her Majesty's Government:Whether any immigration, detention or removal centres have no chaplaincy arrangements at present; and, if so, which ones. [HL1467]
In accordance with The Detention Centre Rules (SI 2001 No 238), every removal centre must appoint a manager of religious affairs. The religious affairs manager's task is to facilitate religious observance and the provision of pastoral care for detained persons, with the assistance of suitably qualified staff, including ministers of religion. Whenever a vacancy for the position of religious affairs manager occurs at a removal centre, appropriate arrangements will be made to ensure that all functions of the religious affairs office are maintained.There are currently vacancies for the position of manager of religious affairs at Harmondsworth, Dover and Yarl's Wood.
Detention Centres: Insurance
asked Her Majesty's Government:What has been the amount of the increase in premiums charged for insurance cover for each of the establishments where asylum seekers are detained since 14 February 2002. [HL1479]
Insurance premiums generally have increased substantially since 11 September 2001 and premiums for detention centres are no exception. However, this information is commercially confidential and is therefore not publicly available.
Haslar And Lindholme Removal Centres: Visiting Hours
asked Her Majesty's Government:Whether they will ask the Prison Service to increase visiting hours at Haslar and Lindholme to match those of privately run removal centres. [HL1480]
The extent of the visiting hours at each removal centre is determined by demand and is kept under regular review. This includes Haslar and Lindholme removal centres. In these cases the visiting hours are assessed to be sufficient to meet current visitor numbers.
Detention Powers: Anti-Terrorism Crime And Security Act
Detention Powers: Anti-Terrorism Crime And Security Act
asked Her Majesty's Government:Whether they will publish the report of the noble Lord, Lord Carlile, into the operation of Part IV of the Anti-Terrorism, Crime and Security Act 2001. [HL1651]
The noble Lord, Lord Carlile of Berriew, has completed the report on the operation of Part IV of the Anti-Terrorism, Crime and Security Act 2001, which will be laid before the House today.My right honourable friend the Home Secretary is grateful to the noble Lord, Lord Carlile, for his detailed work and is pleased to note that he is satisfied that the Home Secretary has certified persons only in appropriate cases and that he has exercised his independent judgment in each case, having given due regard to advice from officials.The report follows the decision of the Court of Appeal in October last year which unanimously upheld the need for these detention powers. The court held that the powers are not discriminatory and comply with the European Convention on Human Rights.The Home Secretary welcomes the recommendations of the noble Lord, Lord Carlile, which he will be considering in detail over the next few weeks. In relation to the recommendation for the detainees to be held in a separate facility within the Prison Service, the Home Secretary has agreed to this principle, subject to further detailed feasibililty work.
Illegal Drug Imports: Liverpool
asked Her Majesty's Government:What checks and investigations are made to prevent the entry of illegal drugs into the port of Liverpool. [HL1500]
Customs staff are based at the port of Liverpool with the specific task of detecting illegal drugs and other smuggled goods. These staff are fully trained anti-smuggling officers with experience in freight examination and vessel search.Information and Customs' intelligence gathering, or its methods of selection and examination, is covered by exemption 4 (law enforcement and legal proceedings) of the
Code of Practice on Access to Government Information. However, in general terms, vessels and freight vehicles are selected for examination using intelligence. Such examinations may consist of scanning or a full physical examination by Customs officers. Drug detector dogs are also deployed to the port on a regular basis. A specialist team which can search all the confined spaces on a vessel is also based at the port.
Since October 2000, Customs has seized nearly I tonne of cocaine imported through the port of Liverpool, with a street value of around £70 million.
Church Of England: Human Rights Act 1998
asked Her Majesty's Government:Whether they consider that the Church of England is a public authority within the meaning of the Human Rights Act 1998. [HL1365]
The exercise of public functions by an organisation may bring those activities within the ambit of the Human Rights Act 1998. It would, however, be for a court or tribunal to decide in individual cases whether an organisation is a public authority or, if not, whether it is nevertheless to be regarded as a public authority because it performs certain functions of a public nature. The application of the Human Rights Act 1998 is among the matters at issue in the case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallhank and another which is to be heard by the House of Lords later this year.
Queen's Counsel: Appointment In Scotland
asked Her Majesty's Government:Which Minister of the Crown is at present directly and personally answerable to Parliament for the appointment of Queen's Counsel in Scotland. [HL1433]
The provision of legal services in Scotland, which includes the appointment of Queen's Counsel, is a devolved matter within the responsibility of the Scottish Parliament. The First Minister of the Scottish Executive makes recommendations annually to Her Majesty the Queen about which advocates in Scotland she should appoint as Queen's Counsel. These recommendations are made after detailed discussion with the Lord President of the Court of Session, who has himself consulted all sectors of the legal profession in that jurisdiction.
Queen's Counsel: Appointment In Northern Ireland
asked Her Majesty's Government:Further to the Written Answer by the Lord Chancellor on 27 January (
WA 127), whether the recommendations made by the Lord Chancellor to Her Majesty the Queen about which advocates in Northern Ireland she should appoint as Queen's Counsel are in practice, if not in form, in accordance with the recommendations made by the Lord Chief Justice of Northern Ireland; and, if not, on how
many occasions during the past five years there have been differences between the recommendations made by the Lord Chief Justice of Northern Ireland and the Lord Chancellor respectively. [HL1434]
There have been two Queen's Counsel competitions in the past five years. On each occasion after careful consideration I agreed with the recommendations made by the Lord Chief Justice of Northern Ireland.
Defence Medical Services
asked Her Majesty's Government:What has been the response from civilian consultants joining the Defence Medical Services as a result of the £50,000 golden hello recruitment scheme announced on 19 November 2002. [HL1268]
Some 450 expressions of interest have been received to date from civilian consultants and general medical practitioners in response to our golden hello recruitment scheme announced on 19 November 2002. Of these, 33 were from civilian consultants who were found to meet the recruitment criteria. So far, two of these consultants have applied to join the Armed Forces.
Royal Artillery Multi-Launch Rocket System
asked Her Majesty's Government:Whether the Royal Artillery multi-launch rocket system is to be included in the troop deployment to Iraq. [HL1271]
There are currently no plans to include the Royal Artillery multi-launch rocket system in the troop deployment to Iraq.
Armed Forces Pension And Compensation Arrangements
asked Her Majesty's Government:Whether, in light of the difficulties troops deploying or about to deploy to the Gulf are experiencing in securing life assurance cover, they will expedite the introduction of the enhanced death-in-service benefits proposed in their current review of the Armed Forces Pension Scheme; and whether the enhancement will apply to troops now on or deploying for active service. [HL1311]
We have no plans to enhance the current death-in-service benefits ahead of implementing the findings of our reviews of the Armed Forces pension and compensation schemes. Current attributable benefits paid to a widow under the Armed Forces Pension Scheme (AFPS) and the War Pensions Scheme (WPS) are among the more generous of the public service schemes. While the current rate of death-in-service benefit is low at between one and one-and-a-half times the individual's representative rate of pay, it needs to be seen in the context of the other benefits available under our compensation arrangements.Where the member dies in service from attributable causes and leaves a widow, widower and/or dependent child, a short-term family pension, equal to the service person's annual rate of pensionable pay, is payable for up to 182 days. The short-term pension maintains the household income level in the early months of bereavement. In addition to the basic death-in-service lump sum, an attributable gratuity is also payable equal to the annual rate of a full career pension. Thereafter, a long-term widow's or widower's, and children's pensions are paid. Attributable widow(er)'s pensions are significantly enhanced, index-linked and paid for life, regardless of whether the widow(er) remarries or cohabits. The attributable widow's and widower's pension is 90 per cent. of the member's full career pension, less an abatement to reflect the amount by which the War Pensions Scheme war widow's or widower's pension exceeds the basic state widow's pension. Attributable children's pensions are also enhanced, index-linked and are paid until age 17 and may continue if higher education is undertaken. Apart from these valuable occupational pension benefits, the WPS provides additional compensation for families of those service personnel whose death is attributable to their service. This includes a tax-free War Widow's Pension.The department's reviews of the Armed Forces pension and compensation arrangements have included consideration of the level of death-in-service benefits. We expect to finalise proposals for the new AFPS and make a public announcement of the key proposals, early this year. However, the new schemes are not expected to be available before 2005–06.In the meantime, should service personnel consider that the AFPS and WPS benefits do not meet their personal circumstances, they should continue to make personal life insurance provision. As I indicated in the House on 29 January 2003 (
Official Report, cols. 1129–32), we recognise that some service personnel who are being deployed to the Gulf are having difficulty in securing new life assurance cover in order to enhance their families' financial security. Insurance cover is still available but the Government are examining options should this situation change.
Sa80 And Challenger 2
asked Her Majesty's Government:What steps are being taken in connection with reports in the media suggesting that the standard rifle and the Challenger tanks are of unsatisfactory quality. [HL1412]
The standard assault rifle issued to United Kingdom Armed Forces is the Small Arms (SA) 80. The SA80 modification programme has significantly improved the reliability and performance of the weapon. Extensive trials carried out across all climatic conditions before the modified weapon was introduced, and more recent trials and demonstrations in Afghanistan and Oman, have established the weapon is reliable, accurate and can be maintained in an operational environment.Challenger 2 is a world-class battle-winning tank. There were no major mechanical problems with Challenger 2 tanks on Exercise Saif Sareea II, but the exceptionally dusty conditions in Oman resulted in higher use of air filters than had originally been planned for. As a result of the lessons identified during the exercise, modifications to improve the performance of the tank in desert conditions are under way.
Reservists: Household Insurance Cover
asked Her Majesty's Government:What is the position for reservists who live alone and, on being called up by the Ministry of Defence, are forced to leave their property unoccupied for an extended period, thereby breaking the terms of their household insurance agreement. [HL1444]
Prolonged absence from a property should be notified to the property insurer, which may require additional security measures to be taken as a condition of continued insurance cover. There may also be an increase in insurance premium and/or an increased excess payable by the insured in the event of a claim. To compensate personnel, regardless of marital status, for the effects of separation from home life, reservists who meet the eligibility criteria receive longer separated service allowance (LSSA) or (for those serving seagoing units) longer service at sea bonus (LSSB). These are payable at three rates (basic, middle and higher) dependent on periods of accumulated separation (for LSSA) or length of sea service in qualifying units (for LSSB). In addition, when called-out, reservists are paid the full X-factor, which is an additional 13 per cent. of their basic pay. The X-factor takes account of the relative disadvantages of conditions of service experienced by members of the Armed Forces compared with those in civilian life.
Operation Fresco: Cancellation Of Post Operational Tour Leave
asked Her Majesty's Government:What action is being taken to limit the destructive effect on morale caused by the cancellation of post operational tour leave due to Operation Fresco. [HL1445]
The impact of Operation Fresco on post operational tour leave (POTL) is being monitored very closely by all three services.The cancellation of the strike planned for the Christmas period relieved some of the pressure and enabled most individuals to clear their arrears of POTL.
Every effort is being made to minimise the disruption to the lives of service personnel brought about by this extra commitment to provide fire cover in the event of further strikes. We will seek to maintain our good record in respect of harmony, although plainly we cannot guarantee this for every single unit or individual. The services are also monitoring the impact on career courses and promotion.
Gulf: Marine Package
asked Her Majesty's Government:Given that the leaked Iraqi intelligence reports suggest possible underwater attacks on allied vessels, whether any further anti-submarine frigates or minesweepers are to be deployed to the region. [HL1447]
I refer the noble Lord to the statements made by my right honourable friend the Defence Secretary on 18 December 2002 (Official Report, cols. 845–6) and on 7 January 2003 (Official Report, cols. 24–5) in another place in which he announced the composition of a fully balanced and flexible maritime package to the Gulf region. In addition to these assets, there are at present four mine-hunters on longstanding deployment to the Gulf region, as well as a Type 42 destroyer and a Type 22 frigate on permanent taskings.The threat to the United Kingdom assets is kept under review, as are our contingency plans for dealing with such threats.
Forces Safeguard
asked Her Majesty's Government:What was the outcome of the meeting between the Ministry of Defence and the underwriters of Safeguard on 30 January. [HL1448]
The meeting to which the noble Lord refers was not between the Ministry of Defence and the underwriters of Safeguard (Scottish Widows) but a management meeting of the underwriters.After the meeting, Scottish Widows announced that from 14 February 2003 it would introduce a war exclusion clause for all new members joining the scheme and for any existing members increasing their cover. The details, which have been promulgated to service personnel, are as follows.Prospective members will have the choice of joining without war cover on current premium and benefit rates or with war cover with premium rates loaded by 100 per cent. and benefits reduced to 25 per cent. of the sum insured for claims for death or critical illness arising from war. For existing members, these changes will apply only to any increased cover purchased on or after 14 February.This is not a geographical exclusion but a war exclusion based on the Association of British Insurers (A B1) definition, i.e. scheme members will be unable to enter a claim for benefit which "results directly or indirectly from war, invasion, hostilities (whether war is declared or not) civil war, rebellion, revolution or taking part in a riot or civil commotion".The exclusion will have no effect on existing members of Forces Safeguard who do not increase their cover on or after 14 February or on anyone joining the scheme (or increasing their cover) whose application is countersigned up to and including 13 February.
Small And Medium-Sized Enterprises: Definition
asked Her Majesty's Government:Whether there is a definition of small and medium-sized enterprises used by all government departments; and, if not, what definitions are used by each department. [HL1505]
There is no single definition of a small firm.For statistical purposes the DTI usually uses the following definitions:
- micro firm: 0–9 employees
- small firm: 0–49 employees (includes micro)
- medium firm: 50–249 employees
- large firm: 250 or more employees
Listed below are the different definitions used.
The best description of the key characteristics of a small firm remains that used by the Bolton Committee in its 1971 report on small firms. This stated that a small firm is an independent business, managed by its owner or part owners and having a small market share.
Section 249 of the Companies Act 1985 states that a company is small if it satisfies at least two of the following criteria:
- a turnover of not more than £2.8 million;
- a balance sheet total of not more than £1.4 million;
- not more than 50 employees.
A medium-sized company must satisfy at least two of the following criteria:
- a turnover of not more than £11.2 million;
- a balance sheet total of not more than £5.6 million;
- not more than 250 employees.
The DTI's centrally administered small firms loan guarantee scheme (SFLGS) uses the following definitions:
- Manufacturing: turnover of £5 million or less.
- All other eligible businesses: turnover of £1.5 million or less.
There is also an overall eligibility criterion of fewer than 200 employees for SFLGS.
- EC SME Definitions: These are currently under review.
- Micro:
- Maximum of nine employees.
- small
- Maximum of 49 employees;
- Maximum annual turnover of€7 million;
- Maximum annual balance sheet total of €5 million;
- Maximum percentage owned 25 per cent.
- Meedium:
- Maximum of 249 employees;
- Maximum turnover of €40 million;
- Maximum annual balance sheet total of€27 million;
Maximum percentage owned by one or jointly owned by several enterprises not satisfying the same criteria 25 per cent.
To qualify as an SME both the employee and the independence criteria must be satisfied and either the turnover or the balance sheet total criteria.
Local Authority Councillors: Allowances
asked Her Majesty's Government:What are the rules relating to (a) claims for job seeker's allowance and other social security benefits by members of principal councils; and (b) deductions from and restrictions on such benefits as a result of the receipt of council allowances and time spent as a councillor. [HL1310]
A local authority councillor's work is not treated as remunerative work for assessment purposes. However, councillors' allowances and expenses may be taken into account as income, thus reducing the amount of benefit they may receive.When assessing a claim for income support, jobseeker's allowance, incapacity benefit, housing benefit or council tax benefit, any allowances paid for necessary expenses are not treated as income and are disregarded. Any allowances paid for a councillor's time are regarded as income and are taken into account after applying appropriate disregards.Councillors are entitled to some allowances whether they are claimed or not. If a councillor has not claimed an allowance they could expect to receive, it is treated as notional income and taken into account as if it had actually been paid.Further details on the treatment of local councillors' earnings can be found in the
Decision Makers Guide, Volume 3, Chapter 15, ref. 15096 and Volume 4, Chapter 20, ref. 20485, copies of which have been placed in the Library.
Haemophilia Recombinant Clotting Products
asked Her Majesty's Government:When they expect to provide recombinant clotting products for all adult haemophilia patients in England. [HL1650]
We are pleased to announce today that the Government have invested an extra £88 million over the next three years to provide recombinant clotting factors for haemophilia patients in England. Haemophilia patients up to age 21 are already receiving these products. The extra funding will extend the availability of recombinant clotting factors to adult patients.Over the next few months the Government will then work with key stakeholders, including the Haemophilia Society, clinicians and primary care trusts, to design a programme for rolling out access to recombinant products to older age groups. This roll out will take time to achieve because of the large volume of product involved. However, by March 2006 the vast majority of haemophilia patients should be receiving recombinant clotting factors.We have taken a number of steps to make clotting factors used to treat people with haemophilia as safe as possible. We hope this extra £88 million will ultimately give all haemophilia patients access to synthetic treatments where these are recommended by clinicians.We would like to take this opportunity to commend my noble friend Lord Morris of Manchester on his excellent support and compassion for haemophilia patients and their families. His work as President of the Haemophilia Society has been unstinting and we admire his determination to achieve the very best for its members.
Unresolved Crimes In Northern Ireland: Report Of Judge Peter Cory
asked Her Majesty's Government:When they expect to receive the report of Judge Peter Cory, who has examined six unresolved crimes in Northern Ireland; and whether they will place copies in the Libraries of Parliament. [HL1101]
Justice Peter Cory is independent of Her Majesty's Government and his work programme cannot therefore be determined. However, both the British and Irish Governments are committed to publishing the judge's report once completed.
Rail Freight Grants
asked Her Majesty's Government:Whether the announcement by the Secretary of State for Transport to the Rail Conference on 21 January that "Next year a further £40 million grant will go to freight" means that the statement by the Strategic Rail Authority on 17 January of its intention to suspend all further rail freight grants for the present financial year and 2003–04 will be rescinded. [HL1238]
It means that the SRA is providing £40 million in freight grants in the next financial year, as my right honourable friend said.
Non-Industrial Civil Servants
asked Her Majesty's Government:How many non-industrial civil servants they employed in each year of the 10 years to 2002. [HL1374]
The figures are shown in the table. They show the number of nonindustrial civil servants employed by Her Majesty's Government reported to the Cabinet Office at 1 April 1993 to 2002.The figures for 1993 to 2001 were previously published in the annual Civil Service statistics publication, copies of which are in the Library of the House. The 2002 figures were published in the press notice about Civil Service staffing levels released on 31 October 2002, a copy of which is also in the Library of the House.The figures are on a full-time equivalent basis, non-industrial staff, and are rounded to the nearest 10.
| Permanent Non-Industrial Civil Servants 1993 to 2002 | |
| Number | |
| 1 April 1993 | 503,170 |
| 1 April 1994 | 488,420 |
| 1 April 1995 | 468,560 |
| 1 April 1996 | 456,440 |
| 1 April 1997 | 440,220 |
| 1 April 1998 | 421,080 |
| 1 April 1999 | 419,600 |
| 1 April 2000 | 432,000 |
| 1 April 2001 | 440,600 |
| 1 April 2002 | 447,600 |
Trains: Bridge Strikes
asked Her Majesty's Government:Further to the Written Answer by Lord Macdonald of Tradeston on 16 January (
WA 51–52), whether any form of physical restraint measures such as horizontal barriers just in advance of bridges have been considered
as a means of preventing delays and potential damage to trains from bridge strikes. [HL1492]
Network Rail advises that horizontal barriers in advance of bridges are not permitted by highway authorities due to their associated risk to other road users. Network Rail's new bridges are all constructed to withstand bridge strikes. Approximately 60 of its current bridges nave integral crash protection beams which minimise the effect of bridge strikes on the structure to enable trains to proceed at caution over the bridge.
Air Transport
asked Her Majesty's Government:What plans they have for the future development of air transport in the United Kingdom. [HL1497]
We are developing a range of policies and proposals for a sustainable future for air transport and expect to announce our conclusions in a White Paper towards the end of the year. This will take into account representations received in response to consultation, including our current consultations on the future development of air transport. We plan to publish later this month a revised consultation document for the South East, including Gatwick options. The consultations throughout the UK will remain open until four months after the date of publication. We will also be carrying out discussions with stakeholders on the possible role of economic instruments to encourage appropriate environmental behaviour.
asked Her Majesty's Government:How much land has been compulsorily purchased for airport development since 1 June 1995. [HL1498]
This information is not held centrally.
asked Her Majesty's Government:How many people are directly employed in the aviation industry in the United Kingdom, using the latest figures available. [HL1499]
It is estimated that in 2001, 200,000 people were directly employed in the aviation industry in the United Kingdom.