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Written Answers

Volume 647: debated on Monday 7 April 2003

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Written Answers

Monday, 7th April 2003.

Human Rights Obligations

asked Her Majesty's Government:Whether they are considering the possibility of introducing legislation to limit the role of the judiciary in interpreting international human rights obligations by which the United Kingdom is bound. [HL1867]

The Government have no current plans to do so.

Northern Ireland: Queen's Counsel

asked Her Majesty's Government:Who is responsible for appointing Northern Ireland barristers to the office of Queen's Counsel. [HL2271]

Her Majesty the Queen appoints Queen's Counsel in Northern Ireland on the recommendation of the Lord Chancellor.

Northern Ireland: Barristers

asked Her Majesty's Government:What are the rights of audience of barristers and advocates from the other member states of the European Community who wish to appear in the courts of Northern Ireland, and how many Northern Ireland junior barristers, who are Senior Counsel in the Republic of Ireland, are treated as Senior Counsel in Northern Ireland. [HL2272]

The rights of audience of barristers and advocates from the other member states of the European Union who wish to appear in the courts of Northern Ireland are governed by various European Directives. These include Council Directive 1977/249/EEC of 22 March 1977, to facilitate the effective exercise by lawyers of freedom to provide services; Council Directive 1989/48/EEC of 21 December 1988, on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration; and Directive 1998/5/EC of the European Parliament and of the Council of 16 February 1998, to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained. The directives apply equally to barristers from Northern Ireland seeking rights of audience in the courts of the other member states.

I understand that there are two members of the junior bar in Northern Ireland who are Senior Counsel in the Republic of Ireland and are given the same status in court in Northern Ireland as Queen's Counsel.

Lord Chancellor's Pension

asked Her Majesty's Government:Whether the pension of the Lord Chancellor will be based on the salary to which he is entitled or that which he currently chooses to accept. [HL1920]

The SSRB has been asked to review the remuneration of the office of Lord Chancellor. The Lord Chancellor's pension will be based on the salary to which he is entitled at the time he leaves office.

North/South Implementation Bodies

asked Her Majesty's Government:Who has been appointed to the North/South implementation bodies set up after the Belfast agreement; and for what period. [HL2098]

Details of the appointments to the North/South implementation bodies have been included in the list of decisions made under the exchange of notes of 19 November 2002, a copy of which has been placed in the Library.

Northern Ireland: Sexual Offences

asked Her Majesty's Government:What representations they have received seeking a review of the law on sexual offences in Northern Ireland; and what representations they have received favouring the extension of the Sexual Offences Bill in its entirety to Northern Ireland. [HL2119]

The Government have received no requests, in recent months, for a review into the law on sexual offences in Northern Ireland. However, the Government are conscious of the pressing need to conduct such a review and are fully committed to doing so. The Government have received a number of requests for the full extension of the Bill to Northern Ireland in response to the campaign of the Northern Ireland Gay Rights Association. Part 2 of the Bill will extend to Northern Ireland in so far as the measures determining the notification requirements for sex offenders are concerned. The extension of this part of the Bill follows a Home Office lead review into the Sex Offenders Act which included Northern Ireland within its scope. However, while some aspects of Part 1 will extend to Northern Ireland, to ensure that registration requirements can operate on an equal basis with England and Wales, the greater majority of the provisions contained in Part 1 will not. Part 1 of the Bill was framed on the basis of a review of sex offences which did not include Northern Ireland. It is therefore right and proper that we proceed with a public consultation and review of this issue for Northern Ireland before similar reforms can be enacted there.

Northern Ireland Implementation Bodies: Business Plans

asked Her Majesty's Government:When the North/South Ministerial Council received copies of the business plans for the implementation bodies; when they were supplied to the appropriate departments; and which are these departments. [HL2137]

The 2003 trade and business development plan was received by the Department of Enterprise, Trade and Investment in November 2002.The Department of Health and Social Services and Public Safety received the food safety and promotion board 2003 business plan in January 2003.The Department of Culture, Arts and Leisure received the Ulster Scots Agency 2003 business plan in November 2002, and in March 2003 received the 2003 business plans for Foras Na Gaeilge and Waterways Ireland.In November 2002 the Department of Finance and Personnel received the 2003 business plan for the Special European Union Programmes Body and the Department of Agriculture and Rural Development received the Foyle, Carlingford and Irish Lights Commission 2003 business plan.With the exception of the trade and business plan, which was approved by the two Governments under the exchange of notes of 19 November 2002, on 28 February 2003, none of these plans have yet been received by the North/South Ministerial Council Joint Secretariat.In addition to the sponsoring departments, finance departments North and South also receive copies of business plans for consideration.

Questions For Written Answer: Northern Ireland Office

asked Her Majesty's Government:Whether they will send expert advisers into the Northern Ireland Office to help with replies to Questions for Written Answer, since 11 out of 16 outstanding questions which have been down on the Order Paper for more than three weeks are to that department. [HL2408]

I am pleased to inform the noble Lord that all of the outstanding Questions referred to have now been answered.I can assure the noble Lord that the Northern Ireland Office, as with all other government departments, recognises the importance of ensuring that all Parliamentary Questions are answered accurately and promptly.The recent rise in Questions tabled to the Northern Ireland Office and the suspension of devolved government in Northern Ireland has added a considerable burden of work. However, I do not believe it is necessary to send expert advisers into the department to help with replies to Questions for Written Answer.

Pensions: Local Authority Members

asked Her Majesty's Government:What changes they have made to provision for allowances and pensions for members of local authorities. [HL2458]

As part of our agenda on modernising local democracy, the Minister of State, Office of the Deputy Prime Minister, has laid before Parliament regulations dealing with remuneration and pensions for members of local authorities. This is in line with our White Paper commitment to reduce the burden of red tape on local authorities and providing councils with flexibilities in managing their business, balanced by local accountability.The Local Authorities (Members' Allowances) (England) Regulations 2003 (the "allowances regulations") replace six existing sets of regulations and put in place a consolidated and simplified regime for allowances.The Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 (the "pensions regulations") will allow councils to decide whether their councillors should have access to the local government pension scheme.These two sets of regulations give effect to the broad policy announced on 28 November 2002 in our response to the Urban Affairs Select Committee Report on the Local Government Act 2000.Both the allowances and pensions regulations, which we have introduced following extensive and detailed consultation, will provide a simple, fair system for remunerating local councillors. Local authorities will have discretion to come up with remuneration schemes reflecting local circumstances. The system also provides for clear and transparent local accountability since councils will have to have regard to the recommendations of local independent remuneration panels. This approach is in line with our commitments given in the White Paper,

Strong Local Leadership, Quality Public Services, to remove

unnecessary red tape and regulation from local government, and balancing this freedom with the responsibility to be clearly accountable to their communities.

The allowances regulations replace the six previous sets of regulations dealing with allowances for elected local authority members, dating back to 19911, which we have now revoked. As before, councils will be able to decide for themselves the levels of allowances for elected members, and in doing so will have to have regard to the recommendations of a local independent remuneration panel.

The allowances regulations make a number of changes to the system of allowances, following from consultation we conducted in 2001 and further detailed discussions with key stakeholders, including the Local Government Association.

Local authorities will now determine their own travel and subsistence allowances, having regard to the recommendation of their independent remuneration panels. The Secretary of State will no longer be involved in setting maximum levels. Councils will have to set out the circumstances in which they will pay these allowances, so that these are open to public scrutiny. Local authorities and other bodies will be able to pay a cycling allowance to be determined in the same way as other travel allowances.

Parish councils will be able to make payments to their members, and in doing so will have to have regard to the recommendations of a local independent panel. This brings the allowances to parish councillors very much in line with the allowances for principal councils.

Combined fire authorities and the conservation boards of areas of outstanding natural beauty will be able to establish their own schemes of allowances, rather than members being paid by their constituent authorities. All secondary authorities which set up allowance schemes for their members will be required to have regard to the recommendations of the panels of those authorities which make nominations to the secondary authority.

Councils will be able to pay co-opted and appointed members of principal councils a "co-optees' allowance". This will be determined by the local authority, taking into account the recommendations of the independent remuneration panel.

Authorities will be able to make provision for the withdrawal of allowances where a member has been wholly or partially suspended because of a breach of the code of conduct. Authorities will be able to make provision for the repayment of any allowance which has been paid in respect of a period when a member was suspended, or had ceased to be a member.

The council's local independent remuneration panel will make binding recommendations on which councillors may be eligible for access to the local government pension scheme.

The Association of London Government may pay special responsibility allowance to those serving on it. The ALG must establish a scheme specifying for which responsibilities the allowance may be paid, and the levels of payments.

The allowances regulations clarify that authorities may backdate changes to their allowances to the beginning of the financial year. They similarly clarify that authorities may alter their allowance levels by reference to an index.

The allowances regulations finally provide a transitional period until 30 September 2003 to allow authorities to make any necessary changes to their schemes in line with the revised arrangements.

The Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003 modify the principal regulations, The Local Government Pension Scheme Regulations 1997. They are intrinsically linked to the allowances regulations. In effect the amendments provide access to the local government pension scheme (LGPS) to those councillor members whose authorities, acting on the recommendations of the locally appointed independent review panel (I RP), decide should be eligible for membership.

The key changes to the LGPS as it applies to eligible councillor members are: they will be treated as if they are in local government employment for the purposes of the regulations; an eligible councillor will have positively to elect to become a member of the LGPS; a councillor member's pay in any year comprises (a) the basic allowance and (b) any special responsibility allowance payable under the allowances regulations; pension benefits will be calculated by reference to career average pay not final salary; the retirement age for a councillor will be age 70; and councillor membership will not count towards calculating any other period of local government employment/LGPS membership. An eligible councillor will be able to contribute to AVCs to enhance his pension benefits where appropriate.

Essential consequential changes have also been made to the injury allowances and gratuities provisions of the Local Government (Discretionary Payments) Regulations 1996 to exclude eligible councillors, the Mayor of London and members of the London Assembly in connection with their employment. The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 have also been amended so that the calculation of discretionary compensation for redundancy for a person does not include a period of membership as a councillor member, Mayor of London or member of the London Assembly that he may have in the LGPS.

The regulations reflect our commitment made during the passage of the Local Government Bill which gave rise to the Local Government Act 2000.

The provisions for pensions take into account the commitment of local councillors, and their contribution to public life. Many members of local authorities may have lower personal or occupational pension provision than they could otherwise have had, due to missing out on full time employment or forgoing promotions and other opportunities on

account of their public duties. The pensions regulations address this disincentive from serving in local politics.

  • 1the Local Authorities (Members' Allowances) Regulations 1991;
  • the Local Authorities (Members' Allowances) (Amendment) Regulations 1995;
  • the Local Authorities (Members' Allowances) (Amendment) Regulations 1996;
  • the Local Authorities (Members' Allowances) (Amendment) (England) Regulations 2000;
  • the Local Authorities (Members' Allowances) (Amendment) (England) (No. 2) Regulations 2000; and
  • the Local Authorities (Members' Allowances) (England) Regulations 2001.

Satellite Terminals: Planning Regulations

asked Her Majesty's Government:What they are doing to honour the commitment made in the UK Online Annual Report 2001 to review the planning regulations for satellite terminals. [HL2459]

Today the Office of the Deputy Prime Minister is publishing a consultation document on proposed changes to the general permitted planning order (GPDO) pertaining to the treatment of satellite dishes and other antennae. The three-month public consultation looking at the siting of satellite dishes and antennae will offer communities five choices, ranging from no change to full deregulation, except in particularly sensitive areas such as national parks and conservation areas.The Government are committed to delivering equality of access to broadband and digital TV across the country and this document is an important step in that direction. However, we must ensure that whatever changes are made provide proper protection for the environment, particularly in sensitive areas such as national parks and conservation areas.Copies of the consultation document have been placed in the Libraries of both Houses.

Fire Authorities: Risk Management

asked Her Majesty's Government:When they intend to publish the Fire Service circular on fire authority integrated risk management plans and commence the consultation on the guidance. [HL2460]

Her Majesty's Chief Inspector of Fire Services, Sir Graham Meldrum, published Fire Service Circular 7/2003 on "Fire Authority Integrated Risk Management Planning" on 2 April 2003. On 3 April, he issued for consultation two guidance notes on developing integrated risk management plans and on consultation arrangements fire authorities should undertake in developing these plans. Consultation on these guidance notes closes on 3 May 2003.

Copies of these documents are available on the ODPM website http://www.safety.odpm.gov.uk/fire/ consult/irmp/index.htm and have been placed in the Libraries of the House.

Prison Service Budget: Young Offenders

asked Her Majesty's Government:Who is responsible for the administration of the budget given to the Prison Service for young offenders aged 18 to 21. [HL2276]

The director-general of the Prison Service is responsible for the administration of the budget for the whole Prison Service and this includes funding for young offenders aged 18 to 21.

Destitute Asylum Seekers: Support

asked Her Majesty's Government:When the new levels of support to be provided by the National Asylum Support Service to destitute asylum seekers will come into effect. [HL2455]

Regulations were laid before Parliament on 18 March 2003 amending the Asylum Support Regulations 2000. The amendments, which come into effect today, increase the levels of support provided to destitute asylum seekers supported by the National Asylum Support Service (NASS). The changes in the support rates are detailed here:

Levels of NASS cash support from 11 November 2002Levels of NASS cash support from 7 April 2003
Single Person
Aged 18–24£29.89£30.28
Aged 25 or over£37.77£38.26
Qualifying couples
At least one member of the couple is aged 18 or over£59.26£60.03
Lone parent aged 18 or over£37.77£38.26
Allowances for dependent children
Person aged under 16£37.00£38.50
Person aged at least 16 but under 18 (except a member of a qualifying couple)£32.50£32.90

Nationality, Immigration And Asylum Act 2002

asked Her Majesty's Government:When Section 4 of the Nationality, Immigration and Asylum Act 2002 will come into effect. [HL2456]

Section 4 of the Nationality, Immigration and Asylum Act 2002, which amends Section 40 of the British Nationality Act 1981, came into force on 1 April. The law now provides that a person can be deprived of his British nationality—provided that he has another nationality—if he has done anything seriously prejudicial to the vital interests of the United Kingdom.I can now confirm that the Home Secretary has commenced action under the new provision by giving written notice to Mr Abu Hamza of the decision to make a deprivation order in respect of him. We are satisfied that his activities have been seriously prejudicial to this country's vital interests. It will be open to Mr Hamza to appeal against the Home Secretary's decision. Any appeal will in the first instance be heard by the Special Immigration Appeals Commission.

Asylum Induction Centres

asked Her Majesty's Government:Whether the Coniston Hotel and the Grand Ocean Hotel will be used as induction centres for asylum seekers. [HL2457]

On 3 March my honourable friend Beverley Hughes confirmed that, after the consultation period was completed, she would make a decision on whether or not we would use the Coniston Hotel, Sittingbourne, as accommodation to support an induction centre. We have also been considering whether to proceed with contract negotiations in respect of the Grand Ocean Hotel in Saltdean. I can now confirm how we intend to proceed with induction centre arrangements nationally.In light of a thorough review of all the facts, we have decided not to proceed with an induction centre at the Coniston Hotel, Sittingbourne, and not to proceed with negotiations at the proposed site in Brighton.These decisions reflect the facts of the two cases, and the arguments put forward, and do not diminish in any way our commitment to having a national network of induction centres. In creating such a network, we intend to build on existing arrangements by proceeding in partnership with regional consortia and voluntary groups. Induction centres bring about obvious benefits in helping us to process asylum applications quickly and efficiently and allowing us to tell asylum seekers what is expected of them and to give them health screening. At Dover the induction centre is working well and we will build on this to develop the good practices that will be subsequently implemented at other centres.

Life Satisfaction

asked Her Majesty's Government:Following the conclusion of the Strategy Unit in its report

Life Satisfaction: the state of knowledge and implications for government, published in

December 2002, whether they now intend to appoint a minister for life satisfaction. [HL2411]

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

As stated in my previous Answers to the noble Lord, the report is an analytical discussion paper and not a statement of government policy.I have nothing further to add to the previous Answers given to the noble Lord.

Motorway Driving

asked Her Majesty's Government:Whether they are considering action against the practice of drivers on motorways with carriageways cutting in from the right hand lane, overtaking one or more vehicles on the left, and cutting back into the right hand lane. [HL2352]

Although the Highway Code states that overtaking should always be carried out on the right, overtaking on the left is not a specific offence. Use of the motorway network is governed by the motorway regulations. Enforcement of the law is of course a matter for the police who will make their decisions on whether to prosecute in the circumstances of each individual case. Police have the power to prosecute for dangerous driving, driving without due care and attention, and driving without reasonable consideration.

Leeds To Glasgow Railway Service

asked Her Majesty's Government:Whether they oppose the proposal to withdraw the direct Leeds to Glasgow limited passenger railway service and to replace it with a Leeds to Carlisle stopping service. [HL2355]

The directions and guidance which we have issued to the Strategic Rail Authority require the authority to work with the rail industry to achieve substantial, lasting improvements in performance. The changes to the service you mention are part of a package designed to provide such improvements in performance.

Eu: Forthcoming Business

asked Her Majesty's Government:What is the forthcoming business in the Council of the European Union for April: and what are the major European Union events for the period between I May and 31 October 2003. [HL2390]

DateLocationEvent
April
2BrusselsMeeting of the Presidium
3–4BrusselsConvention Plenary
4BrusselsJustice & Home Affairs
4–6Hania (Crete)Informal ECOFIN (Ministerial)
5LisbonEurope-Africa Summit
10BrusselsMeeting of the Presidium
14–15LuxembourgGeneral Affairs & External Relations
14BrusselsAgriculture & Fisheries
16AthensSignature of the Accession Treaty
17AthensEuropean Conference
23BrusselsMeeting of the Presidium
24–25BrusselsConvention Plenary
May
2–4OlympiaGymnich (Informal Foreign Ministers)
3–4AthensInformal Environment (Ministerial Informal)
5–6BrusselsEducation, Youth & Culture Council (To be confirmed)
8Brussels CorfuMeeting of the Presidium Agriculture (Ministerial Informal)
12–13BrusselsCompetitiveness
12BrusselsEUROGROUP
13BrusselsECOFIN
14BrusselsMeeting of the Presidium
14BrusselsTransport, Telecom & Energy Council
15–16BrusselsConvention Plenary
16BrusselsEU-ACP Ministerial
16–17HalkidikiInformal Regional Policy (Ministerial)
16–18Cruise off GreeceInformal Transport & Merchant Marine (Ministerial)
17BrusselsEU—W. Balkans (Zagreb Process)
19BrusselsGeneral Affairs & External Relations (+ Defence)
20BrusselsGeneral Affairs & External Relations
22BrusselsMeeting of the Presidium
24ThessalonikiInformal Culture (Ministerial)
26–27BrusselsAgriculture & Fisheries Council
26–27CreteEUROMED Conference (Mid Term Ministerial)
27BrusselsEnvironmental Council
28BrusselsMeeting of the Presidium
30–31BrusselsConvention Plenary
31St PetersburgEU-Russia Summit
June
2BrusselsEUROGROUP
2–3BrusselsTransport, Telecom & Energy Council
3BrusselsECOFIN
4BrusselsMeeting of the Presidium
5–6BrusselsConvention Plenary
5–6BrusselsJustice & Home Affairs Council
5–6BrusselsEmployment, Social Policy, Health & Consumer Affairs Council
6RhodesPublic Administration (Ministerial Informal)
11BrusselsMeeting of the Presidium
11–12BrusselsAgriculture & Fisheries Council
12–13AlexandroupoliDevelopment-Co-operation (Ministerial Informal)
12–13BrusselsConvention Plenary
13BrusselsEnvironment Council

Date

location

Event

17–18LuxembourgGeneral Affairs & External
20HalkidikiEUROPEAN COUNCIL
21HalkidikiZagreb II Summit
22BrusselsGeneral Affairs & External Relations
24BrusselsEmployment, Social Policy, Health & Consumer Affairs Council

July

2–3RomeResearch (Ministerial Informal)
4–5NaplesTransport Infrastructure (Ministerial Informal)
6BrusselsTrade (Ministerial Informal)
10Varese VareseInformal Council/Troika Informal Council of Ministers of Labour and Social Affairs
15–16BrusselsECOFIN
10VareseInformal Council/Troika
11–12VareseMinisters of Labour & Social Affairs
15–16BrusselsECOFIN
17–18TrevisoEU Employment Committee (Informal)
18–20MontecatiniEnergy & Environment (Ministerial Informal)
22–23BrusselsAgriculture & Fisheries Council
22BrusselsGeneral Affairs & External Relations
24–25MilanEuropean Conference on Discrimination
25–26VeronaEducation (Ministerial Informal)

August

No Meetings Planned

September

ViterboTelecommunications (Ministerial Informal)
StresaECOFIN (Informal Council)
19–20RomeJustice & Internal Affairs (Informal Council)
22–23BrusselsCompetition (Internal Market, Industry & Research)
29–30BrusselsGeneral Affairs & External Relations
29–30BrusselsAgriculture & Fisheries Council

October

2–3BrusselsJustice & Internal Affairs
7BrusselsECOFIN
9–10BrusselsTransport, Telecom & Energy Council
13–14BrusselsGeneral Affairs and External Relations Council (GAERC)
13–14BrusselsAgriculture & Fisheries Council
16–17BrusselsEuropean Council
20–21BrusselsEmployment, Social Policy, Health & Consumer Affairs
27BrusselsEnvironment Council

Prime Minister And Foreign Secretary: Visit To United States

asked Her Majesty's Government:What was the outcome of the visits to the United States by the Prime Minister and the Foreign Secretary from 20 to 27 March. [HL2422]

My right honourable friend the Prime Minister visited Camp David on 26 and 27 March. My right honourable friend the Foreign Secretary joined him there on 27 March. The Prime Minister dined with President Bush and the Foreign Secretary with Secretary Powell (in Washington) on 26 March; and they attended a session of plenary talks on 27 March. The Prime Minister and Foreign Secretary then went on to New York to call on the Secretary General of the United Nations.Much of the discussions focused on the future, looking beyond the conflict but reviewed first the military situation.They noted that the military campaign was on track. The outcome was not in doubt. The coalition were prosecuting it with vigour and determination, but in a way which minimised, as far as humanly possible, civilian casualities and damage to infrastructure.The coalition were also working intensively to ensure humanitarian relief. In recent days RFA "Sir Galahad" has delivered humanitarian supplies (including water, rice and lentils) at Umm Qasr; the drinking water plant in the same town has been repaired and the drinking water pipeline from Kuwait completed.The Prime Minister and President Bush made clear their joint commitment to reuniting the UN Security Council in expectation of further work on the post-conflict political process and reconstruction.At Camp David, the Prime Minister and President Bush agreed that progress on OFF was the key humanitarian priority. More than half of Iraq's people depend on OFF for their food. So it was urgent for the Security Council to give the Secretary General authority to start getting OFF food to them. The necessary security Council Resolution (1472) was indeed adopted unanimously in the Security Council on 29 March.The Prime Minister and President Bush made clear that we would seek new UN resolutions to affirm Iraq's territorial integrity, to ensure rapid delivery of humanitarian relief and endorse an appropriate post-conflict administration for Iraq.President Bush made clear US commitment to the establishment of a new Iraqi government chosen by the Iraqi people themselves.The Middle East peace process was a major feature of the Prime Minister's discussions with President Bush. President Bush, the first US president to do so, publicly restated his vision of two states, Israel and Palestine, living side by side in peace and security and reiterated his commitment to implementing the roadmap. He noted that he saw an opportunity to bring renewed hope and progresss to the entire Middle East.

Electronic Communications

asked Her Majesty's Government:What plans they have to implement Directive 2002/52/EC on privacy and electronic communications. [HL2260]

The Parliamentary Under-Secretary of State, Department of Trade and Industry
(Lord Sainsbury of Turville)

The Government plan to implement Directive 2002/58/EC on privacy and electronic communications by means of secondary legislation. Consultation on draft regulations started on 27 March and copies of the consultation document are available in the Libraries of the House.

Educational Recording Agency

asked Her Majesty's Government:What methodology was used to establish the differentials in tariffs payable to the Educational Recording Agency Limited in primary school, secondary school, and further and higher education students. [HL2304]

The Government play no part in determining the tariffs payable to the Educational Recording Agency. The Secretary of State can only consider matters of clarity when certifying by statutory instrument new tariffs established by the Educational Recording Agency. The independent Copyright Tribunal can, however, he asked by educational establishments to determine whether any of the tariffs are reasonable in the circumstances.

Workplace Smoking

asked Her Majesty's Government:Why they have not yet published their regulatory impact assessment on the Health and Safety Commission's proposed approved code of practice (ACoP) on passive smoking at work; and when they intend to do so; and [HL2226]Whether they accept the estimate of the Health and Safety Commission that up to 2,340 lives a year could be saved by outlawing workplace smoking; and [HL2227]What savings to government and business, including the National Health Service, could be made by a ban on smoking at work; and [HL2228]When they intend to introduce an approved code of practice on passive smoking at work. [HL2229]

The Parliamentary Under-Secretary of State, Department for Work and Pensions
(Baroness Hollis of Heigham)

The Government are currently looking at possible options to reduce the exposure of people to tobacco smoke. We will announce our conclusions in due course about how best we will achieve further progress in this area.

Lifting Operations And Lifting Equipment Regulations

asked Her Majesty's Government:On what grounds the Health and Safety Executive introduced the Lifting Operations and Lifting Equipment Regulations 1998 requiring experienced drivers of agricultural forklift trucks to go to the expense of obtaining a training certificate in order to be legally authorised to drive such machines; and who was consulted in the preparation of these Regulations; and [HL2282]Whether a regulatory cost impact assessment was conducted before the introduction of the Lifting Operations and Lifting Equipment Regulations 1998; and, if so, with what result; and [HL2283]Why the Lifting Operations and Lifting Equipment Regulations 1998 did not contain a "grandfather clause" exempting experienced operators; and [HL2284]When the Lifting Operations and Lifting Equipment Regulations 1998 are due to be reviewed. [HL2285]

The Lifting Operations and Lifting Equipment Regulations (LOLER) 1998 have no specific requirements for training.A regulatory impact assessment on LOLER was carried out and published during formal consultation in 1997. The 10 year costs of compliance were estimated to range from a saving of £109.4 million to an increased cost of £112.8 million, depending upon the way in which the industry complied with the regulations.

There are currently no plans to review the Lifting Operations and Lifting Equipment Regulations 1998.

Asthma

asked Her Majesty's Government:Whether managers and staff of restaurants and public houses where people are able to smoke are required to be trained in treating asthma attacks, given that the passive inhalation of tobacco smoke is a trigger for those with asthma. [HL2320]

The Health and Safety (First Aid) Regulations 1981 require employers to assess their first aid needs appropriate to the circumstances in their workplace. The aim of first aid at work is to reduce the effects of injury or illness suffered at work. The regulations do not require first aid provision for members of the public but the Health and Safety Executive recommends that they are included in the assessment of first aid needs and that provision is made for them.

Iraq: Humanitarian Relief

asked Her Majesty's Government:What funds will be made available to support humanitarian relief efforts in Iraq; and how much they intend to pledge towards such relief efforts in new money, rather than through existing Department for International Development funds. [HL2295]

The Chancellor announced on 27 March that a total of £240 million has been set aside for humanitarian assistance in Iraq. £90 million of this is from DfID budgets and £120 million from the reserve. In addition, £30 million has been allocated from the reserve for the MoD to provide immediate assistance on the ground. DfID has so far committed £115 million to support preparations and delivery of assistance by humanitarian agencies. The remainder of the money will be committed in line with emerging humanitarian needs.