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Written Answers

Volume 648: debated on Monday 19 May 2003

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Written Answers

Monday, 19th May 2003.

United Nations Relief And Works Agency

asked Her Majesty's Government:What response they have made to the latest United Nations Relief and Works Agency appeal for the West Bank and Gaza; and how this compares to the contributions of other European Union member states and the United States. [HL2798]

The UK has contributed 2.9 million dollars to the United Nations Relief and Works Agency's (UNRWA) fifth emergency appeal, covering the period 1 January to 30 June 2003. This brings the total UK support for UNRWA's emergency appeals to 35.5 million dollars since December 2000.Current contributions from other EC member states and the USA to UNRWA's fifth appeal are:

$million
Denmark1.2
Italy1.1
Sweden3.3
USA15.0
Figures as of 30 March 2003

Occupied Territories: Shootings Of Britons

asked Her Majesty's Government:Whether the Government of Israel are offering compensation to the next of kin or personal representatives of the unarmed British citizens Thomas Hurndall, who was shot on 12 April near Gaza, and Iain Hook, United Nations employee, who was shot in October 2002 in Jenin; and whether they have received information about comparable cases of United States citizens.[HL2580]

Any offer of compensation by the Israeli Government would be a private issue between them and the families concerned.We deal with any consular case on an individual basis, and would not normally speak to US colleagues about comparable cases.

asked Her Majesty's Government:What is their position on the recent shootings of Britons in the Occupied Territories.[HL2866]

I am deeply shocked that three British nationals have been shot in the Occupied Territories in recent months. Since the shooting of Iain Hook by the Israel defence forces on 22 November 2002, Thomas Hurndall was seriously injured on 11 April and James Miller was killed on 2 May. Our thoughts are with the family and friends of the victims.Her Majesty's Government welcome the cooperation the Israeli Government have provided in investigating the death of Mr Hook and hope for similar co-operation into the incidents involving Mr Hurndall and Mr Miller also. My right honourable friend the Foreign Secretary has asked the Israeli Government for full and transparent investigations into these incidents.Her Majesty's Government are deeply concerned about the number of incidents in which civilians, both Palestinian and foreign, have been killed or injured as a result of encounters with the Israel defence forces. We have urged the Israeli Government to take steps to revise their tactics in the Occupied Territories in order to reduce the likelihood of such incidents happening again.

Iraq: Prisoners Of War

asked Her Majesty's Government:How many Iraqi prisoners of war are now held; how many persons are in long-term detention; and whether it is intended to bring some arrested persons to court.[HL2495]

As at 15 May, 58 enemy prisoners of war are being administered by United Kingdom forces and held in US theatre internment facilities.UK forces are holding some 90 Iraqi citizens who are assessed to pose a threat to security or who are suspected of having committed a criminal offence pending a formal investigation and possible trial under Iraqi law.

Iraq: Looting

asked Her Majesty's Government:Why coalition forces failed to protect the Iraqi National Museum in Baghdad against looting despite the earlier warning given to the United States Defense Department by Professor McGuire Gibson of the University of Chicago in a meeting with officials on 24 January, and to the Prime Minister by officers of the All Party Parliamentary Group in a letter dated 11 February.[HL2641]

Throughout the military campaign, coalition forces have taken great care to ensure that damage to sites of historic, archaelogical or cultural importance has been minimised. However, at the time of the looting of the Iraqi National Museum in Baghdad, coalition forces were engaged in other higher priority tasks, including warfighting operations and activity to stabilise the security situation throughout Iraq.

Justice And Home Affairs Council

asked Her Majesty's Government:What was the outcome of the Justice and Home Affairs Council held on 8 May and what their stance was on the issues discussed, including their voting record.[HL2952]

I represented the United Kingdom at the Justice and Home Affairs (JHA) Council in Brussels on 8 May.The A points were approved as in document PTS A 21 (8922/03) (a copy of which has been placed in the Library of the House). This included adoption of the protocol amending the convention on the use of information technology for customs purposes as regards the creation of a customs files identification database (known as FIDE) which Ministers subsequently signed in the margins of the Council.Ministers discussed the directive on minimum standards for the qualification and status of third-country nationals and stateless persons as refugees or as persons who otherwise need international protection with a view to resolving the outstanding reservations. However, one member state in particular maintained reservations on the text, including the definition of a refugee and on the rights and benefits to be accorded to those with subsidiary protection status. The presidency reiterated its intention to seek agreement to the directive at the June JHA Council.The Council agreed to exclude refugees and beneficiaries of subsidiary protection from the scope of the directive concerning the status of third country nationals who are long-term residents. This followed confirmation by the Commission that it would table by early 2004 a separate proposal for a directive addressing the needs of those groups.The presidency summarised progress on the follow-up to the Seville European Council in view of the report to be submitted to the Thessaloniki European Council. The Commission reported on the implementation of the Afghan Returns Programme and the feasibility study on the Visa Information System which would be discussed at the June JHA Council. The Commission also confirmed that a communication on international protection regimes would be prepared in time for that meeting. I urged member states to consider future priorities, asylum (including recent UK ideas); reduction in flows of illegal migrants into the EU; more effective cooperation with source countries on returns; and better financing for JHA external action, including proper integration of JHA needs into other EU programmes.The presidency and Commission reported on the negotiations with Switzerland on participation in the Schengen

acquis and asylum measures, noting that they would be remitted to the Committee of Permanent Representatives (COREPER) and then discussed at the General Affairs and External Relations Council.

The presidency reaffirmed its intention to seek adoption at the June JHA Council of the Council decision authorising signature of the agreements between the EU and USA on extradition and mutual legal assistance, with signature to take place at the EUUS Summit on 25 June. However, it noted that domestic parliamentary scrutiny was ongoing for several member states, including the UK. A number of member states, including the UK, also indicated that they were considering the need to make constitutional statements in accordance with Article 24 TEU. One member state sought further amendments to the Extradition Agreement.

The Council reached a general approach on the framework decision on the application of the principle of mutual recognition to financial penalties. The presidency said that the European Parliament would need to be re-consulted on the text and further discussions were required on the recitals and accompanying certificate. Five member states, including the UK, maintained parliamentary scrutiny reservations.

The Council agreed the appointment of two Europol deputy directors, including a UK candidate.

Under any other business, Ministers also took note of the Commission's proposals for a common position on notifying the Council of Europe of the forthcoming application of the framework decision establishing the European arrest warrant between the member states. The Council received an update on recent discussions in the G8 which had reviewed progress made in the fight against terrorism and organised crime. Finally, the Netherlands drew the Council's attention to its contribution to the discussions on judicial cooperation in the Future of Europe Convention.

Home Office Departmental Report 2003

asked Her Majesty's Government:When the Home Office will publish their annual report for 2002–03. [H L2929]

The Home Secretary has today, with the Chief Secretary to the Treasury, laid before Parliament the Home Office's departmental report 2002–03 (Cm 5908). Copies are available in the Vote Office, Library and on the Home Office website. The report describes the work of the Home Office to build a safe, just and tolerant society. It sets out our public service agreement targets and describes performance against them. The report explains how we are delivering better public services, sets out how the Home Office is organised to deliver and provides performance information. It provides financial data for the years 1998–99 to 2005–06 and summarises the Home Office's response to PAC reports over the past year.

"Adopter": Definition

asked Her Majesty's Government:What is the significance of the difference between the definition of "adopter" in the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (S.I. 2002/2822) and that in the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 (S.I. 2002/2820). [HL276I]

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

There is no significance in the difference between the definitions in the two regulations. The wording is slightly different but this had no effect in practice.

Employment Rights (Increase Of Limits) (No 2) Order 2002

asked Her Majesty's Government:Why, given that any increases under the Employment Rights (Increase of Limits) (No. 2) Order 2002 (S.I. 2002/2927) are only supposed to reflect increases in the index, the proposed increases vary between 1.7 per cent and 4 per cent. [HL2762]

The variations in increases occur because Section 34(3) of the Employment Relations Act 1999 provides that, in making the calculation to apply the relevant percentage increase (or decrease) the Secretary of State shall round up the new sums variously to the nearest 10 pence, £10 or £100.

Patent Office: Electronic Communications

asked Her Majesty's Government:Why the intent specified in paragraph 2(13) of the Patents Act 1977 (Electronic Communications) Order 2002 (S.I. 2003/512) does not also apply in paragraph 2(6). [HL2764]

Subsections (6) and (13) of Section 124A, which is inserted in the Patents Act 1977 by paragraph 2 of Order S.I. 2003 No. 512, deal with electronic communications respectively incoming to and outgoing from the Patent Office. There are several considerations which require these two classes of communication to be treated differently in this order.For communications coming into the Patent Office, it is frequently the case that their time and date of receipt is critical to the establishment and maintenance of patent rights or to the compliance with time-critical requirements of the patents legislation. This justifies a level of technical precision whereby senders can be assured that the Patent Office electronic receiving system has operated satisfactorily, and they gain this assurance if they receive an acknowledgement from that system. The Patent Office intends to provide such acknowledgement, and may wish to rely on it to the extent that a delivery cannot be treated as made if the acknowledgement has not been issued. The purpose of Section 124A(6) is specifically to give legal powers to the Comptroller of the Patent Office to make a future direction which places such importance on the acknowledgement, and will thereby provide a safeguard to senders that Patent Office systems are working to the customary high standard.For outgoing electronic communications from the Patent Office the same criteria do not apply. In striving for legal certainty as to whether such outgoing delivery can be deemed to be effected, the view was taken that the obligations on the office must be limited to properly addressing and transmitting the electronic communication. Satisfactory receipt of these outgoing communications depends, among other things, on the functionality of the various electronic systems installed in different users' offices. It may be that users' systems will provide an acknowledgement of receipt to the Patent Office, but the Patent Office should make no assumptions and should not be entitled to rely on it. Section 124A(13) presents this approach as the default situation, but also allows the comptroller to override that default situation by specifying "contrary intention", should that be appropriate. This wording is based upon the established drafting used in Section 7 of the Interpretation Act 1978 in connection with service by post. This "intention" would be applicable only in the context of outgoing communications from the Patent Office and has no application to the provisions for communications coming into it.

Thiomersal

asked Her Majesty's Government:Which organisation set the safety limit for thiomersal laid down in the Cosmetic Products (Safety) Regulations 2003 (S.I. 2003/835). [HL2765]

Decisions regarding the imposition of safety limits, or restrictions to be placed on their use in cosmetics, are taken by member states following opinions given by the European independent Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP).The Cosmetic Products (Safety) Regulations 2003 revoke and re-enact a number of national regulations which were made to implement amendments to Council Directive 76/768/EEC on the safety of cosmetic products. Thiomersal has not been newly regulated under the 2003 regulations; it has been regulated since 1982. However, I understand that the use of thiomersal in decorative cosmetic products is very limited.

Electricity Meters

asked Her Majesty's Government:Why in the Electricity (Approval of Pattern on Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/2139) the sum charged by the Gas and Electricity Markets Authority for meter examiners is under £45 an hour while that for inspectors is £110 an hour. [HL2766]

The Statutory Instrument S.I. 2002/3129 makes provision for the amendment to the Meters (Certification) Regulations 1998 and the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998. These regulations were amended, in part, to facilitate the outsourcing of Ofgem's operational meter testing and examination services to a private contractor.For the examination, testing and certification of meters, the £45 hourly rate does not necessarily represent the entirety of the fee that may be incurred. The Meters (Certification) Regulation 1998 provides that the fee payable to the authority for examination testing and certification of meters by a meter examiner (who is a member of the authority's staff) or by a meter examiner instructed by the authority (but not a member of the authority's staff) can include £45 per hour for time spent examining or testing or procuring the testing of a meter; any reasonable expenses (including incidental expenses) in accordance with the provisions of the SI; a sum equal to the costs incurred

Correspondence from MPs/Peers to Ministers and Agency Chief Executives1
20012002
Department or AgencyTarget set for reply (working days)Number of letters received%of replies within targetTarget set for reply (working days)Number of letters received%of replies within target
Cabinet Office215599901547573
Leader of the House of Lords1553801515596
Crown Prosecution Service31597941536685
Department for Culture, Media and Sport184,41690184,76783
HM Customs and Excise34182,45262181,61659
Ministry of Defence4155,35085155,38183
Armed Forces Personnel1518100
Administration Agency
Defence Aviation Repair Agency1014100
Met Office1520801514100
Veterans Agency20279991526599
Department for Education and Skills41518,237761515,59584
Department for Environment, Food and Rural Affairs5159,905341511,24147
Foreign and Commonwealth Office2010,275792015,53583
UK Visas158,276781510,32298
Department of Health62019,665602017,94229
NHS Pensions Agency156598156595
Medicines Control Agency101782153689

by the authority (other than the cost of employing the meter examiner, referred to above) attributable to procuring from any person the provision of premises, equipment, or personnel (including a meter examiner) for the purpose of examining or carrying out any test on the meter.

The fee is intended to cover the administrative costs of an Ofgem meter examiner.

Members' And Peers' Correspondence

asked Her Majesty's Government:When they will publish departmental and agency correspondence figures for 2002. [HL2931]

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

My honourable friend the Member for Paisley South in a Written Ministerial Statement on 15 May (Official Report, col. 18WS) published a report on departments' and agencies' performance in handling Members' and Peers' correspondence during the 2002 calendar year. Details are set out in the attached table. Departmental figures, where possible, are based on substantive replies.For the first time, the report includes performance on handling correspondence received from Members of the House of Lords across all departments since 1 June 2002.The footnotes to the table provide general background information on how the figures have been compiled.

Correspondence from MPs/Peers to Ministers and Agency Chief Executives1

2001

2002

Department or Agency

Target set for reply(working days)

Number of letters received

%of replies within target

Target set for reply(working days)

Number of letters received

% of replies within target

Home Office7

*

Non Prison Service correspondence

15

*16,251

3515

*26,053

35

**

Prison Service correspondence

20

**1,210

7820

**1,267

86
Criminal Records Bureau85632N/A
HM Prison Service201,272752094277
UK Passport Service10279871013297
Inland Revenue34

*

Local Tax Office delegated figures

183,35677183,15771

(where local tax offices have replied to direct to MPs)

183827518

*439

80
Valuation Office233090182075
Department for International Development4151,74087152,61296
Legal Secretariat to the Law Officers215284961537863
Lord Chancellor's Department201,73774202,57754
Court Service15591682023084

*15

59378
HM Land Registry2024792032100
Public Records Office10111001516698

**10

6198

Public Guardianship Office

9

15120621526131

*

Target for correspondence sent direct to Agency Chief Executive

**

Target for correspondence sent direct to Agency Chief Executive

Northern Ireland Office10358491050159
Compensation Agency for NI72793
Northern Ireland Prison Service102778103391
National Savings and Investments4156362154466
National Statistics4

*

Letters where Chief Executive

15192772021282
replied on Minister's behalf10

*154

63
Office of the Deputy Prime Minister3155,52376
Planning Inspectorate836494829190
Privy Council Office15237741548895
Scotland Office1596751511573
Department of Trade and Industry10109,260491011,56541
10
Companies House*10501001045100
Employment Tribunals Service**151210064693
Insolvency Service10292801039896
Patent Office10154951036798
Radiocommunication Agency1515100104489
Small Business Service***104796

*Letters sent direct to Agency Chief Executive.

**

Target date for letters sent direct to Agency=15 working days.

***figures included in main DTI return.

Department for Transport, Local Government and the Regions31514,37584157,67183
Department for Transport3156,50584
Driving Standards Agency31582100155698
DVLA10915981072999
Highways Agency315322961527396
Maritime and Coastguard Agency1521951527100
Vehicle Inspectorate1532941527100

Correspondence from MPs/Peers to Ministers and Agency Chief Executives 1

2001

2002

Department or Agency

Target set for reply(working days)

Number of letters received

%of replies within target

Target set for reply(working days)

Number of letters received

% of replies within target
HM Treasury3154,03978154,64778
Treasury Solicitor's Department10391001026100
Wales Office31591631511897
Department for Work and Pensions2012,698662014,29765
Appeals Service158764155288
Benefits Agency202,529902050487
Child Support Agency203,29358203,19451
Employment Service1552094157295
Jobcentre Plus151,10357
The Pension Service1551171
Disability and Carers Service15749100
Debt Management153086
Child Benefit Centre202095

1 Departments and Agencies who received a total of 10 MPs/Peers letters or less during 2002 are not shown in this table. Holding or interim replies are not included unless otherwise indicated.

2 2002 statistics no longer include interim or holding replies details of which had been included in previous annual reports.

3 Includes interim or holding replies.

4 Includes all Ministerial correspondence eg letters from MEPs, Members of devolved legislatures etc.

5 The performance reflects problems in early part of 2002. DEFRA has taken steps to improve performance. Currently answering 74 per cent. correspondence within targets.

6 Poor performance was partly due to problems with a new internal tracking system and problems interfacing with the Agencies. Robust action is now taking place to address these problems including the setting up of a new Customer Service Centre to ensure that problems that occurred in 2002 do not happen again. Also includes figures for the Food Standards Agency as such correspondence is replied to by Department of Health Ministers.

7 The large increase in letters received relating to immigration matters has affected the overall performance. Home Office has made the improvement of performance a high priority with more robust systems being put in place to monitor the progress of correspondence and provide early indications of any outstanding or newly emerging problems, this includes the introduction of a new IT tracking system.

8 Figures for 2002 are not currently available.

9 A major restructuring programme has led to a large backlog of correspondence. There has also been a substantial increase in complaints to Ministers. A major recovery programme was launched to deal with this. 89 per cent. of Ministerial correspondence was answered within target by the end of 2002.

10 Due to problems in meeting the 10 working days target, DTI have raised their target for reply from 10 to 15 working days (in line with majority of other government departments) for correspondence received in 2003. Raising the level to 15 working days will help improve performance to a more acceptable level.

Access Radio

asked Her Majesty's Government:How they propose to respond to Professor Anthony Everitt's Report on the Radio Authority's access radio experiments.[HL2884]

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

The Government have considered Professor Everitt's report (New Voices: an evaluation of 15 access radio stations) and are minded to bring forward a draft order which would introduce a new tier of access radio stations once the Communications Bill becomes law. Before beginning to draft an order, my right honourable friend the Secretary of State for Culture, Media and Sport will write to the Radio Authority, the Commercial Radio Companies Association and the Community Media Association so that they have an opportunity to express their views at this stage. The Government intend to produce a draft order for formal consultation in the autumn. No decisions have yet been taken on government funding.

Incapacity Benefit

asked Her Majesty's Government:What is the breakdown of incapacity benefit by region. [HL2702]

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

The information is in the table.

Incapacity benefit (IB) beneficiaries as at November 2002 by government office region
Thousands
Government Office RegionNumber of IB beneficiaries
England1,172.1
North East110.4
North West250.5
Yorkshire & Humber140.0
East Midlands106.8
West Midlands143.6
South West97.4
Eastern91.9
London116.7
South East114.8
Incapacity benefit (IB) beneficiaries as at November 2002 by government office region
Thousands
Government Office RegionNumber of IB beneficiaries
Wales137.5
Scotland187.1
Overseas9.1
All1,505.8

Source:

The figures are based on a 5 per cent sample of the incapacity benefit computer system and will exclude a small number of clerically held cases.

Notes:

1.Figures are expressed in thousands, and rounded to the nearest hundred.

2.Figures exclude incapacity benefit credits only cases.

Retail Prices Index Advisory Committee

asked Her Majesty's Government:Whether the Retail Prices Index Advisory Committee has been abolished. [HL2811]

The Retail Prices Index Advisory Committee has never been a standing committee; it was a group convened from time to time under previous administrations to make recommendations to the Chancellor on proposed changes to the construction of the RPI.

General Practitioners: Child Protection

asked Her Majesty's Government:Whether the new contract for general practitioners refers to general practitioners' responsibilities for child protection; and, if not, why not. [HL2747]

Yes. The new contract, if accepted by the profession, will require individual healthcare professionals to be able to demonstrate that they comply with the national child protection guidance and, if appropriate, can provide at least one critical event analysis regarding concerns about a child's welfare.

Primary Care Trusts: Commissioning Consortiums

asked Her Majesty's Government:What happens if a primary care trust declines to join a commissioning consortium as recommended in the recent guidelines on specialized commissioning; and [HL2788]Whether the decisions of a commissioning consortium for specialised services will be binding on a primary care trust which declines to join the consortium. [HL2789]

The remit, powers and rules of engagement of collaborative specialised services commissioning groups are agreed by the member primary care trusts and the decisions of these groups are binding on all members. Strategic health authorities performance manage such arrangements and ensure all PCTs belong to an appropriate collaborative commissioning group.It is up to the collaborative commissioning group to decide whether to set up service—specific consortia and what form these will take.

Review Body On Doctors' And Dentists' Remuneration

asked Her Majesty's Government:When will they respond to the report and recommendations of the Doctors' and Dentists' Review Body published today. [H1.2949]

My right honourable friend the Secretary of State for Health is responding on behalf of my right honourable friend the Prime Minister to the 32nd report of the Review Body on Doctors' and Dentists' Remuneration (DDRB) which is published today. Copies of the report are available in the Library. The report covers career grade hospital doctors and dentists (including doctors in public health and the community health service), doctors and dentists in training (excluding general practice registrars) and ophthalmic medical practitioners. The DDRB will report later on general dental practitioners and those in the salaried primary dental care services and is awaiting further developments on the proposed new contract for general medical practitioners. We are grateful to the chairman and members of the review body for their hard work and for the action they have taken to deal with each of their remit groups with the least possible delay.The review body has recommended general increases in remuneration of 3.225 per cent for career grade hospital doctors and dentists, and doctors and dentists in training with effect from April 2003. In addition, the DDRB has recommended adjustments to the pay scales for associate specialists and staff grade practitioners.The review body's pay recommendations are being accepted in full by the Government and without staging.