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Written Answers

Volume 651: debated on Tuesday 8 July 2003

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Written Answers

Tuesday, 8th July 2003.

The Lord Chancellor

asked Her Majesty's Government:What are the powers of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and [HL3472]What are the duties of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and [HL3473]What are the privileges of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and [HL3474]What were the powers, duties and privileges of the Lord Chancellor on 30 January 2003; which, if any, of them have since been alienated; and by whom, by what means and under what authority such alienation has been accomplished. [HL3475]

The office of Lord Chancellor is an ancient one under the Crown. In latter days the Lord Chancellor has been a Minister of the Crown and head of the judiciary as well as Speaker of your Lordships' House. The office has a wide range of powers, duties and privileges which have been conferred over time by the sovereign, by law, by custom and usage, by charters and other instruments, and by your Lordships' House. They can be alienated by primary or secondary legislation, by agreement with the conferring authority and others, or by amendment of the relevant legal instruments. The Government will be publishing a consultation document in September setting out the issues to be addressed in relation to the Lord Chancellor's roles that do not relate to the Speakership, his functions as departmental Minister or his judicial capacity.None of the important powers, duties or privileges of the Lord Chancellor has been alienated since 30 January. Although it was announced on 12 June that the Office of Lord Chancellor is to be abolished in its present form, I have been appointed as Lord Chancellor in order that I may continue to exercise the powers of that office for the transitional period. Certain responsibilities in relation to children and families including responsibility for the Children and Family Court Advisory and Support Service (CAFCASS) are to be transferred to the Secretary of State for Education and Skills. These changes have not yet been given formal legal effect. An initial transfer of functions order under the Ministers of the Crown Act 1975 is expected to be made at the Privy Council meeting on 17 July and will be laid before Parliament in the usual way. This order is intended to transfer from the Lord Chancellor to the Secretary of State for Constitutional Affairs only certain of the Lord Chancellor's principal ministerial responsibilities specifically in relation to legal aid and legal services, regulation of the legal profession, freedom of information, data protection, human rights and elections, and certain powers in the Courts Act 1971 in relation to the administration of the courts. The order will not deal with any functions relating to the judiciary.

asked Her Majesty's Government:Why, having decided to abolish or reform the office of Lord Chancellor, they did not decide to set up a Ministry of Justice. [HL3739]

I refer the noble and learned Lord to the Answer I gave to Lord Lester of Herne Hill on 7 July (Official Report, WA1).

Supreme Court

asked Her Majesty's Government:Whether they intend that the proposed new Supreme Court for the United Kingdom will have its own budget and management as well as its own building. [HL3523]

The financing and administration of the new court is one of the issues which will be covered in the consultation paper which I shall be publishing on 14 July.

Echr Incorporation: Special Advisers Prior To May 1997

asked Her Majesty's Government:Which adviser or advisers from outside the Civil Service were responsible for briefing them in April 1997 about the incorporation of the European Convention on Human Rights into United Kingdom law. [HL3696]

Her Majesty's Government cannot answer for matters arising prior to the general election of May 1997.

North/South Ministerial Council

asked Her Majesty's Government:Whether they will confirm in future all decisions by the North/South Ministerial Council during suspension of the Northern Ireland Assembly will be taken in accordance with the proper procedures, including full consultation with all bodies concerned and full transparency at all stages; and whether they will ensure that the decisions are taken in accordance with the Belfast agreement of 1998. [HL3547]

asked Her Majesty's Government:Whether they will place in the Library of the House all papers relating to decisions of the North/ South Ministerial Council; and whether they will ensure that they include their origins and reference numbers and that all stages of the decision-making process are clearly marked. [HL3548]

I refer the noble Lord to the answer given on 2 July 2003 (WA 99).

Strabane: Unemployment

asked Her Majesty's Government:What is the rate of unemployment in Strabane District Council area; and what steps they are taking to reduce that figure. [HL3611]

Unemployment statistics at district council level are only available from the claimant count. At May 2003 the number of claimants in the Strabane District Council area stood at 1,147, which represents 5.0 per cent of the resident working age population. This compares with a rate of 3.3 per cent for Northern Ireland as a whole. Over the past 12 months the number of claimants in the Strabane District Council area has decreased by 7.9 per cent compared with a 5.4 per cent decrease for Northern Ireland as a whole.Government is using a variety of methods to help reduce the level of unemployment in the Strabane area. It is one of the areas for targeted initiatives drawing together the relevant statutory, voluntary and community organisations and employers in a new level of partnership aimed at helping individuals who are jobless, particularly the long-term unemployed, to identify and address their particular barriers to employment and thereby making them more ready to take up available job opportunities. Staff from Strabane Social Security Office actively work with unemployed people and numerous groups in the Strabane area to encourage and support the movement from benefits to work.Invest NI is also working with Strabane District Council to deliver a Business Start programme specific to the area. This programme falls within the auspices of Invest NI's Accelerating Entrepreneurship Strategy which aims to encourage an increase in the rate of business start-ups throughout Northern Ireland.The Department of Agriculture and Rural Development is also contributing to reducing unemployment in the Strabane area. Several economic community-based projects have been funded in the area over the past six years and recent initiatives include the new West Tyrone Rural Leader + Programme, the Natural Resource Rural Tourism Initiative for the Sperrins and Farm Family Reskilling and Diversification Programme.

Belfast Education And Library Board: Dvd Language Policy

asked Her Majesty's Government:Further to the Written Answer by the Lord President on 24 June (

WA 8), whether they believe that the Belfast Education and Library Board acted in accordance with the ethos of the Belfast agreement of 1998 by not encouraging Ulster Scots participation in the DVD "Rhyming Round Belfast"; who selected the schools which took part; and on what basis. [HL3641]

I am satisfied that Her Majesty's Government acted in accordance with its obligations in the matter described by the noble Lord. As I have previously made clear, every school in Belfast was invited to participate and the contribution of every school that responded was included on the DVD. There was no selection process.

Northern Ireland Education And Library Boards: Cultural Parity

asked Her Majesty's Government:What provisions the five Education and Library Boards in Northern Ireland have for those who are not of the Irish culture to be informed about their cultures; and whether the boards conform with the Belfast agreement pledge of parity of esteem for all. [HL3670]

The Education and Library Boards provide a comprehensive library service for all persons who live, work or undertake courses of study in their area, regardless of the race, nationality or culture of those who use the service.The Northern Ireland curriculum affords opportunities for schools to ensure that all pupils develop a knowledge and understanding of the similarities and differences between the cultural traditions which influence people who live in Northern Ireland.

Ulster Scots Language And Culture: Support

asked Her Majesty's Government:What plans the Belfast Education and Library Board have to form connections with Scotland to support the Ulster Scots community. [HL3671]

There are no plans specifically to form connections with Scotland to support the Ulster Scots community but the board is examining ways to further deepen the links with education providers in other jurisdictions including Scotland.

asked Her Majesty's Government:What plans the Northern Ireland Department of Education has to facilitate the promotion of Ulster-Scots language, culture and identity. [HL3672]

Scope already exists within the statutory curriculum for schools to introduce aspects of Ulster-Scots language, literature and culture as part of the Cultural Heritage and Education for Mutual Understanding cross-curricular themes, and resource material is available from the Ulster-Scots Heritage Council.

Legal Services Ombudsman: Annual Report 2002–03

asked Her Majesty's Government:When the annual report for 2002–03 of the Legal Services Ombudsman will be published. [HL3857]

The Parliamentary Under-Secretary of State, Department for Constitutional Affairs
(Lord Filkin)

The Legal Services Ombudsman has today published the 12th annual report, and copies have been placed in the Libraries of both Houses.

Social Housing: Evictions

asked Her Majesty's Government:What were the numbers of evictions from social housing in each of the past three years. [HL3605]

At the moment, centrally collected statistics give only the volume of possession orders made and suspended. In the last three year this was:

Possession actions by social landords Actions orders made entered and suspended
EnteredSuspended
2000147,51996,284
2001150,563100,643
2002151,16298,583
A possession order, suspended possession order and even a warrant for eviction may not be acted upon so this does not represent the actual number of evictions. Information on the actual number of evictions is not collected centrally, and could be provided only at disproportionate cost.

Regional Assemblies: Referendums

asked Her Majesty's Government:Whether it is the case, as stated in the Boundary Committee for England news release of 17 June, that "If electors vote for a regional assembly next year, new unitary authorities will replace the existing two levels of local government in Cheshire, Cumbria and Lancashire", or whether the Secretary of State will still be able to decide not to go ahead with a regional assembly if the vote is affected by factors such as low turn-out, or different parts of the region voting clearly in different ways. [HL3794]

The Government intend that changes to local government would only be implemented if an elected assembly is established.The referendums on whether to establish an assembly will be advisory, as were the referendums in Scotland, Wales and London. Our expectation is that we will establish an assembly where there is a "yes" vote in a referendum. But we will assess the results of each referendum before deciding to do so.

Sudan: Embargo On Sales Of Dual-Use Equipment

asked Her Majesty's Government:Why the deployment of Alenia Marconi radar-tracking equipment to Sudan was allowed in view of the embargo on the sale of dual-use equipment to Sudan until peace has been brokered. [HL3562]

The Minister of State, Foreign and Commonwealth Office
(Baroness Symons of Vernham Dean)

The air traffic control system had no military or dual-use rating and did not require an export licence. In any event, the contract has not yet gone ahead.

Race Relations Act 1976 (Amendment) Regulations 2003

asked Her Majesty's Government:What representations were made by the Commission for Racial Equality about the deficiencies in the Race Relations Act 1976 (Amendment) Regulations 2003; and what were the responses thereto. [HL3433]

The Commission for Racial Equality made a written submission in response to the Government's consultation on draft regulations to implement the EC Article 13 Race Directive and elements of the EC Article 13 Employment Directive. The Commission's submission can be viewed on its website at www.cre.gov.uk. The Commission raised a large number of issues relating to the Government's proposals for implementing the directives—including the Government's use of secondary legislation instead of primary to implement the directive. The Government have already made known their reasons for the use of primary legislation. Home Office officials also met Commission officials during the consultation period.

asked Her Majesty's Government:What were the issues arising from the extensive public consultations on the Race Relations Act 1976 (Amendment) Regulations 2003; and what were the reasons for rejecting any suggestions made by the public and organisations in responses thereto. [HL3434]

The Government received 630 responses to their consultation on draft regulations to implement the EC Article 13 Race Directive and elements of the EC Article 13 Employment Directive. Although not all of these responses raised issues in respect of the draft race regulations, a significant number did. The issues raised covered the full range of amendments to the Race Relations Act 1976 encompassed by the regulations, as well as questions about the Government's implementation policy generally.The aim of the consultation exercise was to elicit constructive views on the draft regulations in order to help to ensure that they properly implement the directives. Changes were made to three specific race issues—seamen recruited abroad, charities and small dwellings—as a result of suggestions made during the consultation process. These changes were reflected in the draft regulations. Where suggestions were rejected, they were rejected on the basis that they were inappropriate, that they did not add to the existing implementation strategy, or that they went back over issues where the Government had reached a decision.

Bail: Electronic Monitoring

asked Her Majesty's Government:Whether they consider that electronic tagging could help to reduce the numbers of those remanded in custody pending trial. [HL3587]

Electronic monitoring on bail is currently available for defendants aged between 12 and 16 years. It is also available for 17 year-olds in the 10 street crime areas. We plan to roll it out for all 17 year-olds across the country in early 2004.Electronic monitoring on bail for adults has been identified as a potential way of easing pressure on the prison population as well as reducing absconding on bail. We are considering whether to conduct a feasibility study on how effective this would be, together with the cost implications.

War Crimes Investigations: Nhs Records

asked Her Majesty's Government:Whether they have authorised police inquiries into Ukrainian former members of the German SS who may be in Britain; and whether, and on what grounds, the National Health Service has any right or duty to release medical records in respect of such persons without consent. [HL3630]

The Metropolitan Police have a remit to investigate any allegation of war crimes. The police are conducting an ongoing investigation into the activities of the 14th Waffen S.S. (Galicia) Division. The Government are fully committed to bringing war criminals to justice, and fully co-operate with and support the Metropolitan Police.If medical information identifies, or may identify, an individual, the requirements of the Data Protection Act 1998 must be met. The Act outlines information that must not be shared or disclosed without the patient's consent, unless there is robust public interest justification or a statutory basis to do so, including a court order. The police are not using National Health Service records of alleged members of the 14th Waffen SS as part of their investigation.

House Of Lords: Monitoring Of Members' Communications

asked Her Majesty's Government:Further to the Written Answer by the Baroness Scotland of Asthal on 25 June (

WA 24) concerning the monitoring of Members' communications, what is the "Wilson Doctrine"; and whether it covers Members of the House of Lords. [HL3669]

I have nothing further to add to the answers given by my right honourable friend the Prime Minister in another place on 7 May 2003 (Official Report, col. 734W) and 30 April 2003 (Official Report, col. 292W) in response to Questions by the honourable Member for Thurrock and 19 December 2001 (Official Report, col. 367W) in response to a Question by the honourable Member for Lewes.

Zimbabwe: Asylum Claims

asked Her Majesty's Government:Why they are sending letters to those claiming refuge from Zimbabwe and their representatives saying that "Zimbabwe has now been deemed as `safe to return'" and advising them to sign up to the voluntary assisted returns programme. [HL3742]

All claims for asylum from Zimbabwean nationals are considered on their own individual merits. Where a claim is refused and any appeal dismissed we consider it safe for that person to return to Zimbabwe. Although we are not at present enforcing the return of failed asylum seekers to Zimbabwe we are encouraging voluntary returns. As part of this, we are promoting the voluntary assisted return and reintegration programme (VARRP).

The letter to which the noble Lord refers has been amended to make it clear that there has not been a change in the Home Office's policy on Zimbabwe.

Counter-Terrorism Detection: Advice To Businesses

asked Her Majesty's Government:What plans they have to issue advice to businesses about chemical, biological radiological and nuclear (CBRN) detection kits. [HL3882]

This statement is to confirm advice to businesses and inform the House of our view on the question of whether organisations should acquire their own equipment to detect chemical, biological or radiological materials as part of their contingency plans.The Government take contingency planning for potential terrorist attack very seriously, and are working with emergency services to ensure that they have the equipment they need to protect the public from the use of chemical, biological or radiological (CBR) materials. Government are also ensuring that effective measures are in place to detect such substances on a routine basis, where required. Such equipment is regularly tested by independent scientists and by users in the relevant agencies, including the emergency services, to ensure that it is of the standard required. Staff are also well trained in its use.The Government's advice is, therefore, that other organisations, including businesses, leave the demanding and potentially dangerous job of detecting CBR materials to personnel in the emergency services and responsible agencies which are professionally trained in the necessary equipment. Any business considering measures to prevent or reduce the impact of terrorism should contact the counter-terrorist security adviser in their local police force who will be able to give further advice.

Race Monitor: Report

asked Her Majesty's Government:When they expect the report produced by the independent Race Monitor under Section 19E of the Race Relations Act 1976 to be published. [HL3883]

The Home Secretary has today laid in another place a copy of the annual report produced by Mary Coussey, the independent Race Monitor, under Section 19E of the Race Relations Act 1976, together with his reponse. The Race Monitor has a statutory duty to report to Parliament via the Home Secretary on ministerial authorisations made under Section 19D of the Race Relations Act enabling immigration staff to discriminate on the basis of nationality or ethnic or national origin in the exercise of their functions.

Defence Procurement: Gulf Operations

asked Her Majesty's Government:From which contractors new weapons or equipment, used in the Gulf this year, were obtained. [HL2899]

A large number of contracts for new equipment used in operations in Iraq this year were placed by both the Defence Procurement Agency and the Defence Logistics Organisation. I will write to the noble Lord on this matter once information from those two sources has been collated and place a copy in the Library of the House.

Iraq: Spanish Contribution To Allied Coalition

asked Her Majesty's Government:What has been the Spanish contribution to the allied coalition in Iraq. [HL3198]

During decisive combat operations, the Spanish made a valuable contribution to the humanitarian efforts of the military coalition in Iraq through the early deployment of a marine contingent based around the Landing Platform Dock SPS Galicia, including medical, engineering and bomb disposal capabilities.The Spanish Government have also announced a continuing commitment to Iraq, and will contribute a brigade headquarters and a battalion to the Polish-led multinational division.

Defence Procurement: Industrial Participation

asked Her Majesty's Government:Whether they have a policy on offsets, which are a part of the global defence trade. [HL3305]

The Government do have a policy on industrial participation (IP), which is otherwise known as "offsets". The policy invites overseas companies bidding for UK Ministry of Defence equipment contracts where overseas purchases in excess of £10 million are being comtemplated to put forward IP proposals. Exceptions to this are France and Germany, where the reciprocal threshold has been set at £50 million. IP is not applied to collaborative programmes.

Iraq: Unexploded Ordnance

asked Her Majesty's Government:Whether warnings have been given to the civilian population of Iraq about the dangers of unexploded ordnance and of cluster bomblets in particular; and whether known sites of land mines and unexploded cluster bombs have been clearly marked. [HL3393]

United Kingdom forces have launched an awareness programme, aimed at children and young adults in particular, about the dangers of unexploded ordnance of all types. It includes giving briefings in schools and colleges and putting up posters.Whenever unexploded munitions—including cluster bomblets—are discovered, UK forces mark the site and inform those in the vicinity. The munitions are then destroyed by available resources according to the priority of threat they pose to continuing operations and civilian life.

Iraq: Military Interpreters

asked Her Majesty's Government:How many Arabic speakers, qualified as linguists and interpreters, the Armed Forces deployed for the commencement of Operation TELIC. [HL3664]

During decisive military operations in Iraq, 28 military interpreters deployed to theatre. At the same time these were augmented by locally employed civilians as required. Records of these employments are not held centrally and could not be provided.

Iraq: Prisoners Captured By British Forces

asked Her Majesty's Government:Further to the Written Answer by the Lord Bach on 30 June (

WA 64), how many people captured by British forces in Iraq and transferred to United States internment facilities have neither been released nor classified as prisoners of war. [HL3733]

As of 3 July 2003, the United States is holding one prisoner of war and 22 other persons captured by British forces, who are either suspected of committing criminal offences or are interned where necessary for imperative reasons of security in accordance with the Fourth Geneva Convention. All other British captured prisoners of war have been released under the supervision of British forces, and with the knowledge of the International Committee of the Red Cross.

asked Her Majesty's Government:Further to the Written Answer by the Lord Bach on 30 June (

WA 64). how many people captured by British forces in Iraq and transferred to United States internment facilities are now classified by the United States authorities as "enemy combatants" rather than prisoners of war. [HL3734]

The United States does not classify persons detained by British forces. As the detaining power, the United Kingdom has the sole authority for determining their status. This is reflected in an arrangement that exists between the two nations. All those persons captured by British forces who had the status of enemy combatant were entitled to be, and to be treated as, prisoners of war.

asked Her Majesty's Government:What assurances they have received from the United States authorities about the treatment of people captured by British forces in Iraq and transferred to United States internment facilities; whether any of them could face the death penalty; and when they will be released or tried. [HL3735]

The United Kingdom's and United States' responsibilities in relation to captured persons are contained in an arrangement between the nations. In accordance with this arrangement, the United States agreed to treat persons in accordance with the relevant Geneva Conventions. Under the terms of the arrangement, the United Kingdom has primary right to criminal jurisdiction for offences committed prior to transfer. For offences committed after transfer, the United States has primary right to jurisdiction, and in such cases it is up to the United States to decide sentence. We are not aware of any situation where United Kingdom captured persons have committed any post transfer offences. In the absence of any post transfer offences, the decision to release rests with the United Kingdom authorities.Persons suspected of crimes other than against coalition forces or the security of Iraq are immediately handed over to Iraqi authorities. Persons suspected of crimes against coalition forces or the security of Iraq are held pending collection of evidence and a decision as to the forum for trial. Persons held for imperative reasons of security, in accordance with the Fourth Geneva Convention. will be released as soon as their internment ceases to be necessary.

Uk Troops: Insignia

asked Her Majesty's Government:Whether a map of Northern Ireland will be included on the armbands to be worn by soldiers in the European Union Rapid Reaction Force. [HL3772]

There is no standing European Rapid Reaction Force nor any EU agreement to create one. National or multinational forces are declared under the Helsinki Headline Goal, and made available to the EU on a voluntary, case-by-case basis when required for crisis management operations. In NATO, UN and ESDP operations, United Kingdom troops regularly wear insignia which identify them as members of a multinational force. To date, EU insignia have not included a map of Northern Ireland or of any other part of the EU.

Iraq: Civilian Fatalities And Casualties

asked Her Majesty's Government:What arrangements they are making, together with the United States, to estimate the number of civilians killed, and the number of civilians wounded, as the result of military action since the beginning of the most recent war in Iraq; and how soon they expect to be able to publish such estimates. [HL3837]

We have no means of ascertaining the numbers of civilian lives lost or injured during decisive military operations in Iraq, and have therefore made no such estimate, although we did make every effort to minimise civilian casualties.

Iraq: Cluster Bombs

asked Her Majesty's Government:How many cluster bombs were deployed by the coalition during the most recent war in Iraq. [HL3840]

As of 4 July 2003, United Kingdom forces used some 66 RBL 755 cluster bombs in the Iraq conflict. These have been used against large troop concentrations, armour and artillery in the open.

Armed Forces: Ethnic Minority Recruitment

asked Her Majesty's Government:What progress has been made on the recruitment of ethnic minority personnel to the Armed Forces. [HL3880]

In 1998 we instituted a series of recruitment goals to ensure that appropriate levels of recruitment from Britain's ethnic minority communities took place. Running for four years, the goals aimed at increasing the recruitment of ethnic minority young people incrementally by 1 per cent each year until the forces reached 5 per cent. In the event the outcome for 2001–02 was a very creditable 4.4 per cent, although this figure contains a large number of Commonwealth nationals recruited in this country. Given the nearness to publication of the national census, and therefore access to new and up-to-date research data, an interim goal of a further 1 per cent from the previous year's outcome was agreed.We have found that quite significant numbers of young people travel to the United Kingdom and join the Armed Forces, particularly the Army, which has the greatest number of trades open requiring relatively low security clearances. An internal provisional estimate of the recruiting outcome for 2002–03 makes this clear:

  • Royal Navy—2.01 per cent UK national and 1.06 per cent Commonwealth recruited in UK;
  • Army—2.8 per cent officers and 2.4 per cent other ranks UK nationals and 5.3 per cent Commonwealth recruited in UK;
  • Royal Air Force—2.47 per cent overwhelmingly UK nationals.

All figures exclude Commonwealth personnel joining as the result of RN and Army in-country selection team visits. All figures have yet to be statistically validated.

The numbers of Commonwealth nationals of all ethnic backgrounds seeking to join the Armed Forces is a clear indication of the success of our race equality policies in recent years. Although we welcome the resulting increase in the diversity of the forces, we should not forget that the original intention of the recruitment goals was to increase the proportion of UK ethnic minority recruits; this remains the objective today. Accordingly, the aim for the next three years is for each service to increase incrementally each year the proportion of UK ethnic minority recruits by at least 0.5 per cent with the tri-service aim of reaching 5 per cent as soon as possible. We will in addition seek to report the numbers joining from the Commonwealth in order to maintain the transparency of the recruiting process.

These proposals have been discussed and agreed with the Commission for Racial Equality.

Iraq: Campaign Medal

asked Her Majesty's Government:Whether Her Majesty the Queen has approved the award of a specific campaign medal for operations in Iraq and supporting areas. [HL3881]

The House will be aware of the desire to issue a campaign medal to service personnel and entitled civilians engaged on operations in Iraq and supporting areas, collectively known as Operation TELIC.We are pleased to confirm that Her Majesty the Queen has approved the award of a specific campaign medal to mark this operation. The detailed eligibility criteria for this award are being determined and will be published in due course.

Food Supplements

asked Her Majesty's Government:What were the conclusions of the regulatory impact assessment undertaken by the Food Standards Agency in relation to the Food Supplements (England) Regulations; and what steps they intend to take to address the issues of missing nutrients which pose a threat to the United Kingdom food supplements industry. [HL3482]

The United Kingdom is obliged to implement the provisions of Directive 2002/46/EC into national legislation. The conclusions of the regulatory impact assessment undertaken in relation to the Food Supplements (England) Regulations 2003 were that making the regulations was the best option available. Doing so allowed the UK to fulfil its Community obligation to implement the provisions of the directive, maintain the widest possible consumer choice of safe and properly labelled food supplements consistent with the directive, and impose the minimum burden on industry.The lists of permitted vitamins/minerals and vitamin/mineral sources in the Food Supplements (England) Regulations 2003 can be extended if additions are made to the permitted lists in the annexes to the Food Supplements Directive 2002/46/EC on which the regulations are based. These annexes remain open pending safety assessment of additional vitamins and minerals and their sources. Industry is currently working to compile safety dossiers for some of the vitamins and minerals and vitamin/mineral sources currently omitted from the annexes.The Food Standards Agency, in recognition of the difficulties associated with dossier production and the timescale for dossier submission, is pressing the European Food Safety Authority for an urgent, substantive meeting with relevant parties to discuss dossier requirements.

asked Her Majesty's Government:Why (a) boron, (b) silicon and (c) sulphur are omitted from the list of nutrients permitted for use in food supplements after July 2005 under the provisions of the Food Supplements (England) Regulations; and what specific steps they intend to take to ensure that they are added to that list. [HL3483]

The list of permitted nutrients in Schedule I to the Food Supplements (England) Regulations 2003 is drawn directly from the list of permitted vitamins and minerals in Annex I to the Food Supplements Directive. This list was drawn directly from established lists in existing Community food legislation.The list of permitted vitamins/minerals and vitamin/ mineral sources in Annexes I and II to the Food Supplements Directive remain open pending safety assessment of additional vitamins and minerals and their sources. Industry is currently working to compile safety dossiers for some of the vitamins and minerals and vitamin/mineral sources currently omitted from the Annexes. The Food Standards Agency, in recognition of the difficulties associated with dossier production, and the timescale for dossier submission, is pressing the European Food Safety Authority for an urgent, substantive meeting with relevant parties to discuss dossier requirements.

Plasma Transfusions

asked Her Majesty's Government:Why previously untransfused males are perceived as the safest possible blood donors with respect to transfusion-related acute lung injury (TRALI) when a product, widely used in other countries, which can eliminate the risk of TRALI is commercially available. [HL3489]

The Government's Advisory Committee on the Microbiological Safety of Blood and Tissue for Transplantation have considered the relative efficacy and risks of the different types of fresh frozen plasma (FFP) available.Occasionally, FFP causes a rare condition called transfusion-related lung injury. This can happen if the donor plasma contains antibodies that can react with the patient's white blood cell. Donors generally produce these antibodies after pregnancy or transfusion. The National Blood Service (NBS) is considering plans to produce FFP from male donors.There are two types of FFP available to the National Health Service. Clinicians have a choice of which products to use. United Kingdom sourced single unit FFP available from the NBS is more commonly used by the NHS. Each unit of FFP available from the NBS is made from plasma from single donations from donors who have been previously tested for viruses to minimise the risk of infection.

Schools: Earned Autonomy

asked Her Majesty's Government:Whether they intend to implement the earned autonomy provisions in Sections 6 to 10 of the Education Act 2002. [HL3677]

The Parliamentary Under-Secretary of State, Department for Education and Skills
(Baroness Ashton of Upholland)

The Government are considering how most appropriately to extend freedoms for schools beyond a limited focus on the two areas specified in the 2002 Act. In the mean time, all schools are free under the "power to innovate" to make proposals to set pay rates for their teaching staff. Pay rates for school support staff are already set at local level.

Bbc: Funding

asked Her Majesty's Government:Who funds, and how, all the activities of the BBC; and who is responsible for enforcing the licence fee. [HL3789]

The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport
(Lord McIntosh of Haringey)

The principal source of funding for the BBC Home Services is the television licence fee while the principal source of funding for the BBC World Service is grant-in-aid. BBC Worldwide and BBC Ventures are commercially funded. Further details of the BBC's full range of activities and funding are set out in the corporation's annual reports and accounts, copies of which are in the Library of the House.The BBC has statutory responsibility for the collection of the television licence fee.

Litter And Road Safety

asked Her Majesty's Government:Whether they plan to curb the proliferation of litter caused by the placing of unsolicited advertising material under the windscreen wipers of parked cars; and whether this practice constitutes a threat to road safety. [HL3632]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
(Lord Whitty)

We do not have any plans to control such advertising material. Placing advertising material under car windscreen wipers is not considered to constitute a littering offence under Section 87 of the Environmental Protection Act 1990.We have no reason to suspect that the placing of advertisements under car windscreen wipers constitutes a road safety risk.