Written Answers
Monday, 17th March 2003.
The Lord Chancellor: Remuneration
asked Her Majesty's Government:Whether the Senior Salaries Review Body, in conducting its review of the proposed 12.6 per cent increase in the Lord Chancellor's salary, will take into account the difference between the pension entitlements of the Lord Chancellor, the Lord Chief Justice and the Cabinet Secretary. [HL1604]
The SSRB has been asked to extend its review into the relationship between judicial salaries and those of the Senior Civil Service to cover the remuneration of the office of Lord Chancellor.
Northern Ireland: Sexual Offences Bill
asked Her Majesty's Government:What effect the Sexual Offences Bill will have on Northern Ireland. [HL1761]
The Bill will extend to Northern Ireland the measures determining the notification requirements for sex offenders. The extension of this part of the Bill follows a Home Office-led review of Part 1 of the Sexual Offences Act 1997, which included Northern Ireland within its scope. In addition, a number of the new offences in Part 1 of the Bill will also be extended to ensure that the registration requirements can operate on an equal basis with the rest of the United Kingdom.
asked Her Majesty's Government:Whether the Sexual Offences Bill will achieve gender neutrality for Northern Ireland in the same way as for England and Wales; and, if not, what are their reasons for treating Northern Ireland differently. [HL1762]
Part 1 of the Sexual Offences Bill will not extend to Northern Ireland in its entirety. The reform of sex offences in England and Wales is being undertaken following a review of the law in that jurisdiction. As that review did not include Northern Ireland within its scope, substantive reform of the body of law on sex offences in Northern Ireland will not be carried out until a review, and appropriate consultation, has taken place. The issue of gender specific offences will form part of that review and reform. In the meantime, consideration is being given to ways of addressing issues concerning offences which target only homosexual activity.
House Of Lords: Peers' Expenses
asked the Chairman of Committees:How many Peers, of those who claimed expenses in the years 1999–2000, 2000–01 and 2001–02 respectively, claimed total expenses of under £1,000, between £1,001–£15,000, £5,001–£10,000, £10,001–£15,000,£15,001–£20,000,£20,001–£25,000, £25,001–£30,000,£30,001–£35,000,£35,001–£40,000 and over £40,000 respectively. [HL2153]
In the financial years 1999–2000, 2000–01 and 2001–02 Members claimed total expenses as follows:
| 1999–2000 | 2000–01 | 2001–02 | |
| Under £1,000 | 109 | 43 | 41 |
| £l,001–£5,000 | 196 | 96 | 107 |
| £5,001–£10,000 | 168 | 97 | 85 |
| £ 10,001–£ 15,000 | 117 | 100 | 89 |
| £15,001–£20,000 | 100 | 63 | 56 |
| £20,001–£25,000 | 78 | 68 | 63 |
| £25,001–£30,000 | 55 | 71 | 65 |
| £30,001–£35,000 | 15 | 27 | 57 |
| £35,001–£40,000 | 7 | 5 | 23 |
| Over £40,000 | 0 | 1 | 11 |
Iraq: Legality Of Armed Force
asked Her Majesty's Government:What is the Attorney-General's view of the legal basis for the use of force against Iraq. [HL2172]
Authority to use force against Iraq exists from the combined effect of Resolutions 678, 687 and 1441. All of these resolutions were adopted under Chapter VII of the UN Charter which allows the use of force for the express purpose of restoring international peace and security:
Human Rights Conventions
asked Her Majesty's Government:Whether they have any plans to seek amendments to the United Nations Universal Declaration of Human Rights, the United Nations International Covenant on Civil and Political Rights, the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. the European Convention on Human Rights, or the European Convention for the Elimination of Torture and Inhuman or Degrading Treatment or Punishment so as to limit or abridge the prohibition against torture or inhuman or degrading treatment or punishment. [HL1561]
We have no current plans. However, if asylum measures introduced do not dramatically reduce the number of asylum applications, the UK Government have prepared to go further, including looking fundamentally at our obligations under the European Convention on Human Rights.
asked Her Majesty's Government:Whether they have any plans to denounce the International Covenant on Civil and Political Rights or the European Convention on Human Rights or the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. [HL1562]
We have no plans to do so.
asked Her Majesty's Government:Whether they have any plans to seek amendments to Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. [HL1563]
The UK Government have no plans to seek amendments to Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
asked Her Majesty's Government:Whether, upon ratification on behalf of the United Kingdom on 8 December 1988 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, any reservation was made to Article 3 of the convention. [HL1564]
The United Kingdom made no reservation to Article 3 upon ratification of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Information Provided To Daily Mail On Cases Decided By Lord Justice Collins
asked Her Majesty's Government:Whether any Home Office civil servant or special adviser provided information last week to the
Daily Mail about cases previously decided by Justice Collins; and, if so, what was the nature of information, and in what circumstances and under whose authority it was provided. [HL1923]
No information was provided to the Daily Mail by Home Office civil servants or special advisers about Lord Justice Collins's previous cases, details of which were all already in the public domain.
Electronic Security And Computer Viruses
asked Her Majesty's Government:Whether, in light of the recent computer infection from the Sapphire worm (aka SQL Slammer), they are taking appropriate steps to protect United Kingdom servers from possible future high-speed viruses and "flash worms". [HL1985]
These issues are dealt with by the Government's National Infrastructure Security Co-ordination Centre (NISCC), set up to help protect the UK's critical national infrastructure from electronic attack.NISCC has a 24/7 response capability and issues both warnings and best practice advice (for example, encouraging the protection of systems by regularly updating anti-virus software and by the application of fixes for known vulnerabilities).Where NISCC discovers or is informed about a vulnerability, it will work with vendors and others to develop mitigating actions. It is especially careful about disclosing its knowledge about vulnerabilities before effective protective measures can be taken.During the morning that "Slammer" spread. NISCC's rapid response team carried out a technical analysis, consulted with national and international partners, and issued a number of prompt alerts. No warning could have been fast enough to prevent some infection from a worm that spread world-wide in 10 minutes. This infection did however exploit a known vulnerability which NISCC had warned about some months earlier.NISCC alerts, and other information, are e-mailed to government and CNI partners, but are also posted on its website for the benefit of all. NISCC has an outreach programme with the critical national infrastructure, is involved in government information security issues, and actively supports the formation of information sharing groups which can help raise awareness and improve appropriate levels of protection.
asked Her Majesty's Government:Whether they intend to update the Computer Misuse Act 1990 in light of the recent decision of the European Union Justice Ministers to approve new laws for dealing with computer hackers and spreaders of computer viruses and worms. [HL1987]
On 28 February 2003, approval of the general approach to the European Union framework decision on attacks against information systems was given by the Justice and Home Affairs Council of Ministers.The Government are considering the extent to which the Computer Misuse Act 1990 and wider legislation deals with the requirements of the framework decision, and the related provisions contained in the Council of Europe Cybercrime Convention.While existing UK legislation already covers the majority of the requirements of these texts as they relate to offences against computer and information systems, there will need to be some amendments to legislation in order to be fully compliant. These changes will be brought forward when parliamentary time allows.
asked Her Majesty's Government:How many reports of virus attacks or other computer crimes have been made under the confidentiality charter of the National Hi-Tech Crime Unit since its inception in December. [HL2041]
It is not possible to classify the number of reports made to National Hi-Tech Crime Unit (NHTCU) as a direct result of the charter which was launched on 10 December 2002. However, since this date the unit has noted a marked increase in the number of calls, reports and enquiries from business and industry. In some cases, the contact has been to enquire how the new charter works; in others, it has been to report an incident or occurrence. The unit believed that a high proportion of these reports would not have been lodged had it not been for the charter.The confidentiality charter assists in developing the environment in which businesses can safely report suspicious hi-tech activity and attacks against computer systems without concern that this will cause interruption to their business. The charter, in contributing to a greater understanding of the range and amount of hi-tech crime which is being committed, will enable law enforcement and the Government to take effective action to deal with this threat.The role of NHTCU in receiving reports of virus attacks is in addition to that of the unified incident reporting and alert scheme (UNIRAS) which receives reports of significant electronic attack incidents, threats, new vulnerabilities and countermeasures from its customer base and other commercial, government and international sources.
Anti-Terrorism, Crime And Security Act: Independent Visits To Persons Held Without Trial
asked Her Majesty's Government:What independent persons have visited the 15 persons held without trial, under the Anti-terrorism, Crime and Security Act 2001, since they were first detained; whether these have included the International Committee of the Red Cross; and whether they receive independent reports on this matter. [HL2033]
Thirteen suspected international terrorists are being held under the powers in Part IV of the Anti-terrorism, Crime and Security Act 2001. Twelve of these people are being held in HMPs Belmarsh and Woodhill, and the 13th in a secure hospital. The people detained have received visits from two independent bodies: the European Committee for the Prevention of Torture, which published its report on 12 February 2003 (available on the Internet at http://www.cpt.coe.int/en/press/20030212en.htm); and the National Council for the Welfare of Muslim Prisoners, which has not published a report.Her Majesty's Prison Service has at no stage received a request from the International Committee of the Red Cross to visit the people detained. Lord Carlile of Berriew QC has been appointed to carry out an annual independent review of the working of the Part IV powers. This review covers all aspects of the provisions, including prison conditions. In completing his report, Lord Carlile visited the prisons concerned and a number of the detained individuals. His report is available on
http://www.homeoffice.gov.uk/atoz/ terrorists.htm.
Identity Checking Online
asked Her Majesty's Government:Further to the Answer by Lord Falconer of Thoroton on 4 March (
HL Deb, col. 707), to which databases, other than those of the Driver and Vehicle Licensing Agency and the Passport Service, the URU service (an online identity checking service) has access. [HL2042]
The URU service is not a government service but a commercial service provided by BT. It does not have access to the databases of the Driver and Vehicle Licensing Agency or the United Kingdom (UK) Passport Service. I have written to the noble Earl to provide him with the name and address of a contact in BT who can provide him with more information about the URU service.
Asylum Appeals: Home Office Representation
asked Her Majesty's Government:Whether they will ensure that either Home Office presenting officers or counsel representing the Home Office participate in the hearing of asylum appeals by adjudicators; if not, why not. [HL2051]
It is our intention that the Home Office should be represented in all asylum appeals. Eighty-five new Home Office presenting officers have been appointed since the start of 2003 and plans are in hand to increase the number further in line with the expansion in the capacity of the Immigration Appellate Authority.
E-Conveyancing Consultation
asked Her Majesty's Government:When the findings of HM Land Registry's e-conveyancing consultation will be published. [HL2171]
A report on the responses to the e-conveyancing consultation exercise will be published later today. Copies have been placed in the Libraries of both Houses.Most respondents viewed the concept of an e-conveyancing system positively. Useful suggestions were made to enhance the initial proposals, and a number of concerns were highlighted. All of these issues will be addressed during the next phase of the e-conveyancing programme. I believe it to be important that the system finally delivered carries the greatest measure of support from stakeholders and makes full use of the talents of the private sector. I have asked the Land Registry to continue to take forward this work.It will now be engaging stakeholders, including potential service providers, in developing the e-conveyancing concept and proposing the shape of the final system.I have asked for a report on progress to be made to me later in the year.
Adoption: European Court Of Human Rights Judgment
asked Her Majesty's Government:What directions are to be issued to judges on the conduct of care and adoption proceedings in the light of the judgment delivered by the European Court of Human Rights in the case of
P C and S v the United Kingdom. [HL1861]
The position is unchanged since the Answer I gave the noble Lord on 29 July 2002.
Museums And Galleries: Performance Indicator Data
asked Her Majesty's Government:How and when they intend to review the accuracy and effectiveness of the guidance on gathering visitor and other performance indicator data which was issued to all museums and galleries sponsored by the Department for Culture, Media and Sport in February 2000 and to the devolved authorities. [HL2067]
The department's guidance on visitor and other performance indicator data is still current and there are no plans to review it.
Consolidated Fund (No 2) Bill
asked Her Majesty's Government:Whether a statement has been made under the Human Rights Act 1998 in connection with the Consolidated Fund (No. 2) Bill. [HL2167]
I have made a statement under section 19(1)(a) of the Human Rights Act 1998 that, in my view, the provisions of the Consolidated Fund (No. 2) Bill are compatible with the convention rights. A copy of the statement has been placed in the Library of the House.
School Nurses
asked Her Majesty's Government:How many school nurses there were in each of the past five years, identifying separately nurses working in mainstream schools and those working in special schools; and [HL1954]Whether the number of school nurses has been increased in recent years to reflect the increasing numbers of school children with profound and multiple disabilities. [HL1955]
This information is not collected centrally. It is for local organisations to plan school nursing services to reflect the needs of the local school-aged population and national priorities.The Government are increasing the number of training commissions for school nursing which will increase those entering the workforce. Between 1998–99 and 2001–02 the number of nurses entering training to become a school nurse has increased by 33 per cent.The NHS Plan and manifesto targets for increasing the overall nursing workforce has been achieved early.
Delivering the NHS Plan, published in April 2002, forecasts an extra 35,000 nurses employed in the NHS by 2008 over 2001 levels. This means an increased supply of qualified nurses from which school nurses can be recruited and trained.
Nhs In Wales: Vat
asked Her Majesty's Government:What effect the new liability of the National Public Health Service in Wales to pay VAT on the culture media purchased from Public Health Laboratory Service media services will have on both organisations. [HL1991]
This matter is presently the subject of ongoing discussions between officials in the National Assembly for Wales Government, the Department of Health and Her Majesty's Customs and Excise.
Haemophilia
asked Her Majesty's Government:Whether the reply given by Lord Hunt of Kings Heath to Lord Morris of Manchester on 26 February about haemophilia and decisions by the Scottish Executive (
HL Deb, col. 232) was inaccurate. [HL2012]
The reply that "no decisions have been made" was correct. Officials from the United Kingdom Government departments concerned and the Scottish Executive are looking at the Scottish expert group's findings and their implications for the interface between the social security system and devolved responsibilities. No conclusions have yet been reached.
Deafblind People: Social Care
asked Her Majesty's Government:How they have monitored local authorities' responses to the Circular LAC(2001)8
Social Care for Deafblind Children and Adults; how many and what proportion of local authorities have responded; and when they did so; and [HL2035]
Which local authorities have not replied to the Government's request for information following LAC(2001)8 Social Care for Deafblind Children and Adults; and [HL2036]
How many and what proportion of local authorities are known to
Information on services provided for deafblind people has been supplied through referrals, assessment and packages of care data, which show those with dual sensory impairment as a distinct client group in a number of areas. The Social Services Inspectorate has been specifically monitoring progress on implementation of the local authority circular through position statements. Although the specific information requested is not collected generally, all local authorities responded to the questions relating to the LAC in last year's statements and the results are shown as follows. We will continue to monitor implementation through the biannual delivery and improvement statements.Officials in the Department of Health meet twice a year with members of the Association of Directors of Social Services, Sense, Deafblind UK, the Royal National Institute for Deaf People and the Royal National Institute for the Blind to share information, review implementation of the guidance and identify ways of assisting local authorities in improving their service delivery to deafblind children and adults.
| Percentage of councils which responded to questions in spring position statement 2002–03 | |
| Per cent | |
| 2322— What progress has the council made towards identifying people who are deafblind | |
| 1—None | 0.7 |
| 2—Some | 39.3 |
| 3—Good | 33.3 |
| 4—Nearing completion | 17.3 |
| 5—Completed | 19.3 |
| Missing | None Missing |
| Per cent | |
| 2323— What progress has the council made towards identifying those agencies/staff with special skills to meet the needs of people who are deafblind | |
| 1—None | 0.7 |
| 2—Some | 36.0 |
| 3—Good | 36.7 |
| 4—Nearing completion | 11.3 |
| 5—Completed | 15.3 |
| Missing | None Missing |
| Per cent | |
| 2324— What progress has the council made towards preparing a communications strategy to support people who are deafblind | |
| 1—None | 14.0 |
| 2—Some | 56.0 |
| 3—Good | 16.0 |
| 4—Nearing completion | 10.0 |
| 5—Completed | 4.0 |
| Missing | None Missing |
Department Of Health: Qwas
asked Her Majesty's Government:Whether they will send outside advisers into the Department of Health to give advice on how to answer Questions for Written Answer within the standard period of two weeks, bearing in mind that the department has three outstanding Questions not answered within that period; and [HL2047]
Why the Department of Health answered HL1249 on 5 March, six weeks after it was tabled on 22 January, bearing in mind that the standard period for answering questions is two weeks. [HL2048]
The Department of Health answers the greater majority of the Questions it receives for Written Answer within the 14-day time-scale. I take very seriously the requirement to adhere to this standard period.I regret that three Questions did not receive replies within the two-week period. All of these were answered on 5 March.
Human Cloning
asked Her Majesty's Government:In the light of recent votes in the United States' House of Representatives, the French Senate and the German Parliament in favour of a complete ban on all forms of human cloning, including therapeutic cloning, what progress is being made towards developing an international consensus on the issue of human cloning. [HL2066]
The United Kingdom already has a legal ban, the Human Reproductive Cloning Act 2001, that prevents any attempt to carry out reproductive cloning.The United Nations is working towards a convention to ban reproductive cloning. The UK is very much in favour of this initiative but does not agree with those who wish to see an extension of any ban to cover therapeutic cloning.The UK Government agree with the House of Lords Select Committee report of 2002 that there is a powerful case for the use of therapeutic cloning, under strict regulation, as a research tool. Such research is permitted under the 1990 Human Fertilisation and Embryology Act and the Human Fertilisation and Embryology (Research Purposes) Regulations 2001 for the purposes of increasing knowledge about serious diseases and their treatment.
Food Supplements: Nutrients
asked Her Majesty's Government:What nutrients currently on the market in the United Kindom as ingredients in food supplements are not listed in Schedules 2 and 3 of the proposed Food Supplements (England) Regulations 2003 recently published by the Food Standards Agency; and whether in each case they hold any information on whether or not dossiers are currently under preparation by manufacturers for submission to the European Food Safety Authority for consideration as possible additions to those Annexes. [HL2069]
According to information provided by industry, the nutrients boron, cobalt, nickel. silicon, tin and vanadium are used as ingredients of food supplements currently on the market in the United Kingdom and are not listed in Schedules 2 and 3 of the draft Food Supplements (England) Regulations 2003 issued for consultation in October 2002. The most recent information received by the Food Standards Agency from industry indicates that manufacturers are not preparing safety dossiers for any of these nutrients.
asked Her Majesty's Government:What research they have commissioned into the costs and implications for product characteristics of the reformulation of food supplements in those cases where nutrient sources currently in use in the United Kingdom are not included in the list of permitted nutrients set out in the annexes to the Food Supplements Directive [HL2074]
The Government have not commissioned any research into the costs and implications for product characteristics of reformulation of food supplements in those cases where nutrient sources currently used are not on the list of permitted sources. Information gathered by the Food Standards Agency in preparing the regulatory impact assessment for the draft Food Supplements (England) Regulations 2003 provides estimates of the costs of reformulation up to £3,000 per product.
Nhs Quarterly Review
asked Her Majesty's Government:When they intend to publish the National Health Service quarterly review for the period to September 2002. [HL2092]
The National Health Service (NHS) quarterly review has been superseded by the Chief Executive's report to the NHS so there is no intention to publish for the period to September 2002. This new report is a more detailed publication bringing together information and data, some of which were previously included within the NHS quarterly review, to summarise the performance of the NHS. The most recent of these reports, published on 20 December 2002, is available on the Department of Health's website http://www.doh.gov.uk/nhsreport/index.htm
North Staffordshire Nhs Trust: Report Of Review Of Research Framework
asked Her Majesty's Government:Whether the Griffiths report of 2000 reviewing the research framework in the North Staffordshire National Health Service Trust was published in full; and, if not, why not. [HL2099]
The Report of a Review of the Research Framework of the North Staffordshire Hospitals NHS Trust was published in full in May 2000. A copy of the report is available in the Library and on the Internet at www.doh.gov.uk/wrnro/northstaffs.htm
Halon Fire Extinguishers
asked Her Majesty's Government:Further to the Answer by Lord Whitty on 4 March (
HL Deb, cols 702–03), whether they have an assessment of how many halon fire extinguishers are in the hands of private individuals or one-man businesses who are not subject to an annual fire system assessment for insurance purposes. [HL2056]
A fire-protection industry representative estimated that by the mid-1990s around 7.5 million to 8 million hand-held, halon 1211 fire-extinguishers were in circulation in the UK. No more should have been manufactured since then. Allowing for their use or disposal since that time, there was a possibility that around 2.5 million were still located at domestic and commercial premises in the UK.