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Written Answers

Volume 651: debated on Tuesday 15 July 2003

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Written Answers

Tuesday, 15th July 2003.

Language Implementation Body: Budget 2003

asked Her Majesty's Government:On what date and in what form the Secretary of State for Northern Ireland was informed of the desire of the Government of the Irish Republic to cut the budget of the Language Implementation Body for 2003; what was his response; to whom and on what date did he respond; and whether they will place in the Library of the House all documentation they have on this topic, including e-mails, letters memoranda and minutes of meetings. [HL3279]

Officials in the Department of Finance and Personnel were informed of the proposed cut to the Southern contribution to the language body's budget on 21 November 2002 at a meeting with officials from the Department of Finance. The Minister responsible for the Department of Finance and Personnel was advised of the proposed reduction on 24 January 2003 and he agreed the budget for the language body on 29 January 2003. The two Governments gave formal approval to the recommendation on the budget on 26 February 2003, under the agreement made by the exchange of notes dated 19 November 2002.The papers relating to the decision made on the language body budget under the exchange of notes of 19 November 2002 have been placed in the Library.

asked Her Majesty's Government:On what date and in what form the Northern Ireland Department of Finance and Personnel was informed about the decision of the Government of the Irish Republic to cut the budget of the Language Implementation Body; what was its response; to whom and on what date did it respond; and whether they will place in the Library of the House all documentation they have on this topic, including e-mails, letters, memoranda and minutes of meetings. [HL3280]

Officials in the Department of Finance were informed of the proposed cut to the Southern contribution to the language body's budget on 21 November 2002 at a meeting with officials from the Department of Finance.The papers relating to the decision made on the language body budget under the exchange of notes of 19 November 2002 have been placed in the Library.

Northern Ireland Department Of Culture, Arts And Leisure

asked Her Majesty's Government:How the funds for the Northern Ireland Department of Culture, Arts and Leisure for 2003–04 will be allocated; whether provision for Ulster Scots activity, other than through the Ulster Scots Agency, is included in the 2003–04 budget allocation; and, if so, how much. [HL3314]

Funds for the Department of Culture, Arts and Leisure (DCAL) for 2003–04 will be allocated in line with the budget document Building on Progress presented by the right honourable Member for Dudley South on 11 December 2002. This is available in the House of Lords Library.Provision for Ulster Scots activity is provided for through monies allocated to the North/South Language Body.There is also assistance for Ulster Scots activities through DCALs NDPBs, in particular the Arts Council. They currently have committed £83,000 to Ulster Scots activities in 2003–04 to the Development fund for Ulster Scots Language, Arts and Altnaveigh House Cultural Society respectively.There are also four lottery applications from Ulster Scots organisations: the Ulster Scots Folk Orchestra, Schomberg Society, Altnaveigh Trust Society and the Ulster Scots Dance Alliance which are currently being considered.In addition a number of organisations that have Ulster Scots aspects to their programmes, such as marching or pipe bands, will also receive funding during this period.

North/South Language Body

asked Her Majesty's Government:Further to the Written Answer by the Lord Privy Seal on 12 May (

WA 1), in what form, by whom and on what date the Ulster Scots Agency was informed of the change in the budget of the North/South Language Body. [H L3364]

I refer the noble Lord to the Answer given on 11 June 2003 (WA 44).

Northern Ireland: Energy Costs

asked Her Majesty's Government:When they propose to introduce legislation to reduce the cost of borrowing in the Northern Ireland energy market sector; and what proposals there are to ensure that customers benefit from that reduction. [HL3508]

I refer to the reply I gave to the noble Lord on 10 July (Official Report, WA 48).

Northern Ireland: North West Gas Pipeline Project

asked Her Majesty's Government:How many firms have tendered for the construction of the natural gas pipeline to the North West of Northern Ireland; how many of these firms are based outside Northern Ireland; and what is the present timetable for the provision of the gas pipeline. [HL3510]

In 1999, following an invitation from the then Director General of Gas for Northern Ireland seeking applications for licences to take natural gas outside the Greater Belfast area, two consortia submitted expressions of interest to develop a Northern Ireland Gas Pipeline Project including a gas pipeline to the North West, (both these consortia are based outside Northern Ireland). Following explanatory discussions one formal licence application was made and on 12 February 2002 a gas conveyance licence was granted to London-based Bord Gais Eireann (UK).The North West Gas Pipeline Project is currently at Planning Permission stage and it is anticipated that construction will commence early in 2004 with completion in October 2004.

Lisburn To Antrim Railway Line

asked Her Majesty's Government:What procedure is being used to close service traffic on the railway line between Lisburn and Antrim; and what is its legal basis. [HL3546]

The procedure being used to discontinue services on the railway line between Lisburn and Antrim is that set out in Section 60 of the Transport Act (Northern Ireland) 1967.

Peace I Funding

asked Her Majesty's Government:Which European Union PEACE I funded programmes have been reported to, or investigated by, the Northern Ireland Audit Office; in which cases irregularities were uncovered; and how much money was involved in each case. [HL3550]

Irregularities which involve European Union Special Support Programme for Peace and Reconciliation (PEACE I) funding and in which fraud is proven or suspected are notified to the Comptroller and Auditor General (NI). It is then for the relevant government department to investigate such cases. The table provided below lists cases reported to the NIAO. Actual fraud should not be assumed in all cases and it is for the relevant department to decide whether there is sufficient evidence to refer the matter to the PSNI.

Project

Estimated Amount1

Oakleaf Community Network£2,210.83
Hospitality Association of Northern Ireland£1,000.00
Dundonald Community Projects£16,350.00
MARI (UK wide investigation)

*Not Known2

Ballyclo Suckler Calf Initiative£114,139.00
Bryson Community Enterprises Ltd,
Fountain Area Partnership Ltd£114,500.00
Rosslea Community Playgroup£12,500.00
Swags and Tails£25,000.00
Trillick Enterprise Leisure Ltd£12,000.00
Capacity Builder£20,000.00
Petals Daycare Centre£8,405.00

1 May include funding from sources other than PEACE I.

2 Case referred to the Serious Fraud Office at UK level. There was no specific irregularity in Northern Ireland.

asked Her Majesty's Government:Which European Union PEACE I funded programmes have been reported to, or investigated by, the police; in which cases irregularities were uncovered; and how much money was involved in each case. [HL3554]

A list of irregularities reported to, or investigated by the PSNI is provided below.

ProjectAmount in £s
Hospitality Association of Northern Ireland1,000.00
MARI (UK wide investigation)*Not Known1
Dundonald Community Projects16,350.00
Swags and Tails25,000.00
Petals Daycare8,405.00
Oakleaf Community Network2,210.83
Ballyclo Suckler Calf Initiative114,139.00
1 Referred to the Serious Fraud Office at UK level. There was no specific irregularity at NI level.

asked Her Majesty's Government:Which European Union PEACE I funded programmes have been reported to, or investigated by, the European Commission; in which cases irregularities were uncovered; and how much money was involved in each case. [HL3555]

Only irregularities over 4,000 euros are reported to the European Commission and are investigated by the European Anti Fraud Office (OLAF). A list of such irregularities funded from the EU PEACE I programme is in the table below.

Irregularities in the PEACE programme reported to/or investigated by the European Commission.
ProjectAmount in £s
Bunscoil an Luir132,724.50
Kircubbin Nursery Provision10,500.00
Millburn Community Association4,000.00
Community Foundation for Northern Ireland (formerly Northern Ireland Voluntary Trust)101,813.50
Rathfriland and District Regeneration Company3,048.00
Capacity Builder20,000.00
Trillick Forge10,875.00
Whitecity Community Development Association3,066.81

Irregularities in the PEACE programme reported to/or investigated by the European Commission.

Project

Amount in £s

Drumalane/Fathorn Park Residents Association3,000.00
Northern Ireland African Culture Centre47,000.00
Disabled in the Community Action6,600.00
Clifton/Oldparrk Feile6,000.00
Northern Ireland Association for Mental Health3,000.00
SPRING2,900.00
The Blind Centre for Northern Ireland2,600.00
Family and Community together Group3,200.00
Fivemiletown Community Development Association3,297.00
Down Residential Project3,811.00
Brookborough22,600.00
NICTU2,750.00
Carrickfergus2,575.00
Lisburn YMCA3,220.00
Border Directions2,500.00
Erne Catchment Nutrient Scheme11,277.00
Oakleaf Community Network2,210.83
Cookstown Partnership project—Little House on the Prairie8,700.00
Newry & Mourne Partnerships Ballyholland Community Association22,499.00
Ring of GullionTourism Ltd31,444.00
MARI (NI)Nil
EPIC20,000.00
KITE—TWN Project17,841.00
Springhill Development Assoc41,500.00
Hospitality Association of Northern Ireland6,000.00
Moylinn House4,000.00
Ulster Peoples College31,000.00
Ulidia Training Services2,600.00
Walkway Womens Group4,500.00
Fountain Area Partnership113,000.00
Personal Economic Development Programme11,000.00
Sem Bag Manufacturing Project12,600.00
Dundonald Community Projects25,600.00
KITE—PlayBoard Project22,060.00
KITE—PROTEUS Project16,359.00
Petals Daycare8,405.00
Roslea Cross Community Playgroup7,600.00
Grinian Playgroup3,813.00
Swags and Tails25,000.00

asked Her Majesty's Government:Which European Union PEACE I funded programmes have been reported to, or investigated by, the European Commission Fraud Office; in which cases irregularities were uncovered; and how much money was involved in each case. [HL3556]

I refer the noble Lord to the Written Answer I gave today to Written Question (HL3555).

Northern Ireland: Sexual Offences Legislation Review

asked Her Majesty's Government:Whether a review of sexual assault legislation in Northern Ireland is currently under way; and, if so, when it will report. [HL3608]

The Government aim to publish a consultative document before the end of the year following a review of the law on sexual offences in Northern Ireland.

North/South Implementation Bodies

asked Her Majesty's Government:Whether money allocated to a Cross-Border Implementation Body can be transferred from one financial year to the next for the same purposes, after discussion with the Department of Finance. [HL3612]

North/South Implementation Bodies do not have any automatic right to carry forward unspent resources from one financial year to the next. Where additional resources are required in any financial year as a consequence of slippage in the timing of expenditure in the previous year this would require a specific request to be made by the body during the course of the formal budget process. Any such request would be considered in the context of the body's business plan for the year in question and would be subject to ministerial approval North and South in accordance with the agreement made by the exchange of notes between the two Governments dated 19 November 2002.

Customs And Excise: Review Of Current Practices

asked Her Majesty's Government:When the findings of the review of current practices and procedures relating to disclosure, associated investigation techniques and case management in HM Customs and Excise's criminal cases will be published and how the Government intends to respond to them. [HL4030]

Further to my reply to Lord Clarke of Hampstead on 11 July (Official Report, WA 63), I can announce that today the Government are publishing in full the independent report, its summary and recommendations, of the Hon. Mr Justice Butterfield following the completion of his review.The Economic Secretary to the Treasury and I asked Mr Justice Butterfield to examine the circumstances that led to the termination of the London City Bond (LCB) prosecutions in Liverpool Crown Court on 25 November 2002, the changes in practice within HM Customs and Excise (HMCE) since the time of the cases to which those prosecutions related, and HMCE's compliance with best practice in the use of investigation techniques. The full terms of reference for this review were given in the reply I gave to Lord Peston on 25 November 2002, (

Official Report WA 26). In addition the House will be aware that the

Government are looking at the links between law enforcement agencies which investigate serious crime, alongside the review the Chancellor has announced on the future of the tax institutions.

The Government welcome the report, and is grateful to Mr Justice Butterfield and his team for completing the study so promptly and for the extensive research that underpins his conclusions.

The review's main findings are:

that there were major failings in the investigation into and prosecution of the LCB cases, investigated by HMCE from 1995 to 1998;

but that, since then, there have been significant changes, including:

far-reaching improvements in management, structure and culture within HMCE;

changes to the legal framework controlling the regulation of Excise warehouses, which have closed the loopholes used by the criminals in the LCB frauds; and

following the Gower/Hammond review, the separation of responsibility for the conduct of prosecutions from responsibility for the conduct of investigations, by making the Customs and Excise Prosecutions Office (CEPO) accountable to the Attorney-General, and not to the Commissioners of Customs and Excise, since April 2002;

that these changes have gone a long ways towards dealing with the problems within HMCE underlying the LCB cases, and Mr Justice Butterfield makes a number of recommendations designed to reinforce this change process.

Mr Justice Butterfield also identifies three important areas of concern in criminal law and practice highlighted by the LCB cases, all of which have a wider application than HMCE cases. These are:

the use of "abuse of process" in trials as a mechanism for attacking investigation processes;

the challenges investigators and prosecutors face in complex cases in meeting their disclosure obligations under the Criminal Procedure and Investigations Act 1996; and

aspects of informant handling.

HMCE investigation and prosecution

The Government welcome Mr Justice Butterfield's conclusion that significant progress has already been made by HMCE in dealing with the issues underlying the failure of the LCB cases, and the unequivocal finding that there is no evidence in the LCB cases of improper enticement or encouragement to commit crimes or of entrapment.

Most importantly, the Government welcome Mr Justice Butterfields's conclusion that "HMCE should now put the events of the London City Bond cases behind them and move forward, but not in a spirit of complacency", and the recommendations he makes on how this process, already substantially under way, can he reinforced.

Mr Justice Butterfield makes a number of important recommendations that encourage HMCE and the CEPO to continue the programme of reform underway in the Department. These recommendations relate to:

HMCE's role as an independent investigating force—the Government accept Mr Justice Butterfield's finding that, under the current arrangements, HMCE should continue in its present role;

the handling of human intelligence sources—the Government accept these recommendations, and HMCE will promptly implement the new guidelines and procedures which are outlined in the report;

training for investigators—the Government accept these recommendations, and HMCE; will incorporate them into an improved training programme for specialist investigators;

external scrutiny of investigations work—the Government accept the principle of external scrutiny of HMCE investigations work, and HMCE has been asked to undertake a study to identify how additional external scrutiny can best be introduced; and

HMCE's regional structure, and in particular expertise in Scottish Law—the Government agree with the analysis in the review, and has asked HMCE to ensure that proper and informed legal advice is available to Scottish investigators and intelligence officers.

In addition, the review recognises that CEPO has been revitalised since the Gower/Hammond review and welcomes the changes that have taken place, in particular the increased independence that followed the transfer of accountability for HMCE's prosecution function to the Attorney-General in April 2002. However, Mr Justice Butterfield draws a number of conclusions, which include recommendations:

that, in order to make its independence from HMCE even more transparent, CEPO should become an entirely separate prosecuting authority accountable to the Attorney-General;

that there should be an increase in the number of investigation legal advisers employed within Customs, who play no part in the prosecution process but are available to provide advice to investigators; and

that a more systematic dialogue between HMCE and other government departments responsible for related practical and policy issues would be desirable.

The Government strongly agree that the ability of prosecutors to exercise their decision-making and other prosecution functions independently should be ensured. The Government will be considering the full practical implications of these recommendations, and in particular how the independence of the prosecutors in CEPO can best be strengthened further. The Government will provide a detailed response to all these recommendations in the autumn.

Criminal justice system

The review concludes that the criminal justice system does not work as effectively as it should, but recognises that some of the problems identified are being addressed in the Criminal Justice Bill currently before Parliament. The review recommends that consideration is given to:

reforming the operation and rules of the disclosure regime in complex criminal cases;

the power of judges to control proceedings before them relating to abuse of process; and

the operation of the Regulation of Investigatory Powers Act 2000.

These recommendations have potential implications across the criminal justice agencies and departments. While accepting that they highlight important areas of concern, the Government will give them further detailed consideration before deciding whether to accept them.

Uganda

asked Her Majesty's Government:Whether they and the Commonwealth Secretariat are in touch with the government of Uganda concerning the restoration of order in the northern and north-east regions of that country. [HL3702]

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

We are deeply concerned about the deteriorating situation in the north and north-east regions of Uganda, especially following the recent escalation of violence by the Lord's Resistance Army rebel group. We continue to raise this issue with the Government of Uganda at official and ministerial level. Our High Commission in Kampala is in regular dialogue with the Ugandan President, Yoweri Museveni, about the conflict.Such contacts as the Commonwealth Secretariat may have had with the Government of Uganda on this issue are a matter for the Secretariat.

Unamsil

asked Her Majesty's Government:Whether they will propose that the mandate for the United Nations Mission in Sierra Leone (UNAMSIL) be expanded to cover Liberia and Guinea; and, if so, whether the force would be reinforced and used wherever the most urgent need might be. [HL3706]

There are no plans to move UNAMSI L. Its role is to maintain peace and security in Sierra Leone until Sierra Leonean armed forces and police are able to do so. Its mandate is specific to Sierra Leone and its personnel are there because they are needed. Any force for Liberia or any other part of the sub-region would require its own specific mandate.

An external stabilisation force of some kind may well be necessary in Liberia to ensure a cease fire, and for the political process to move forward. We, and others in the international community, are considering options for such a force.

Indonesia

asked Her Majesty's Government:Whether they are making representations to the Government of Indonesia about the recent use of 36 Scorpion armoured vehicles (supplied by the United Kingdom) for purposes of internal repression in Aceh, Indonesia. [HL3757]

I refer the noble Lord to the Answer I gave to Lord Avebury on 10 July (Official Report, WA 53).

Iraq: Looting Of Archaeological Sites

asked Her Majesty's Government:To what extent they are aware of the continuing and systematic looting of archaeological sites in Southern Iraq, such as Umn al Akareb (ancient Umma); and what steps coalition forces are taking to diminish this systematic destruction of Iraq's cultural heritage. [HL3831]

We are aware that there has been looting at a number of the archaeological sites in Southern Iraq, including Umma, Isin and Umn al-Aqareb. Coalition forces have increased the number of patrols (including aerial patrols) over cultural sites. The Coalition Provisional Authority is working on how best to ensure the protection of these and other sites from looting.

Iraq: Constitution

asked Her Majesty's Government:Whether they agree with Ayatollah Ali Sistani's proposal that the Iraqi constitutional assembly should be elected, and that its recommendations should be put to the Iraqi people for their approval in a referendum; and, if so, what arrangements they will seek to make for this purpose. [HL3833]

The Coalition Provisional Authority is consulting widely about a process for establishing a new constitution. There is no consensus yet. Ideas include a preparatory constitutional commission and a constituent assembly elected from the governorates. The eventual draft constitution might be put forward for approval through a referendum but this will be for the Iraqi interim authority to decide.

Iraq: Penal And Criminal Procedure Codes

asked Her Majesty's Government:Further to the Answer by the Baroness Symons of Vernham Dean on 8 July (HL Deb, col. 134), under what legal code the police and judicial system in Iraq are operating. [HL3923]

The police and justice sector is currently applying the Iraqi Penal Code of 1969 and the Criminal Procedure Code of 1971. The Coalition Provisional Authority Order No 7 amended the Iraqi penal code so as to ensure compatibility with basic international human rights obligations. Further amendments may be required in due course.

Middle East: Gaza Airport

asked Her Majesty's Government:Whether they will use their best endeavours to secure the reopening of Gaza Airport to international flights. [HL3886]

We shall, and hope that developments in the new peace process, including a restoration of Palestinian Authority control in Gaza, will permit credible discussion of a reopening to begin soon.

Middle East Peace Process

asked Her Majesty's Government:Whether they will ask all members of the Quartet to contribute financially to groups in religious, parliamentary and business life able to support the negotiations required by the road map and the wider Middle East peace process, for example the Permanent Committee for the Implementation of the Alexandria Declaration. [HL3889]

The negotiations required by the road map will be undertaken by the governments concerned and the Palestinian Authority. We recognise the importance to all these parties of support from civil society, and we are confident that all four Quartet members do so too.

Racial Discrimination: Uk And Ec Legislation

asked Her Majesty's Government:Whether there is anything in preparatory work on the Race Directive (Council Directive 2000/43/EC) indicating an intention by the European Commission or Council to exclude discrimination based on a person's colour from the scope of the directive. [HL3691]

Her Majesty's Government is not aware of indications in preparatory work on the Race Directive (Council Directive 2000/43/EC) as to the intentions of the European Commission or Council with regards to including or excluding, colour as a grounds of discrimination under the directive.

asked Her Majesty's Government:Further to the Written Answer by the Baroness Scotland of Asthal on 24 June (

WA 11), what they consider to have been the reasons for the exclusion of discrimination based on colour from the scope of the Race Directive. [HL3692]

Her Majesty's Government are unable to speculate as to what have been the reasons for the exclusion of discrimination based on colour from the scope of the Race Directive.

asked Her Majesty's Government:Whether they consider that the exclusion of discrimination based upon a person's colour from the protection of the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the universal right to equality before the law and protection against discrimination for all persons recognised by the Universal Declaration of Human Rights and the International Convention for the Elimination of All Forms of Racial Discrimination, referred to in Recital (3) of the Race Directive (Council Directive 2000/43/EC); and, if so, what are their reasons for this view. [HL3694]

Her Majesty's Government consider that not including discrimination based upon a person's colour from the protection of the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the universal right to equality before the law and protection against discrimination for all persons recognised by the Universal Declaration of Human Rights and the International Convention for the Elimination of All Forms of Racial Discrimination, referred to in Recital (3) of the Race Directive (Council Directive 2000/43/EC) in as much as the directive (which the Government are obliged to implement) is in itself in accordance with that right.Most of the requirements of the directive were, of course, already fulfilled by the existing provisions of the Race Relations Act 1976 which, although not necessary for the purpose of implementation, include colour.

asked Her Majesty's Government:Whether they consider that it is compatible with the purpose of the Race Directive, as described in Article 1 of the Directive, to exclude discrimination based on colour from "a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the member states the principal of equal treatment." [HL3695]

Her Majesty's Government consider that it is compatible with the purpose of the Race Directive, as described in Article 1 of the directive, to exclude discrimination on the grounds of colour, with a view to putting into effect in the member states "the principle of equal treatment" because it does not regard the reference to "a framework" as a sufficient basis for adding the further ground of colour to the grounds of discrimination referred to in that article.

asked Her Majesty's Government:Further to the Written Answer by the Baroness Scotland of Asthal on 2 July (HL3441), whether they consider that the Race Directive (Council Directive 2000/43/EC) was intended to give effect to the universal right to equality before the law for all persons, including persons discriminated against on the basis of their colour; and if not, why not. [HL3786]

Her Majesty's Government cannot speculate on the extent to which the Race Directive (Council Directive 2000/43/EC) was intended to give effect to the universal right to equality before the law for all persons, including persons discriminated against on the basis of their colour, referred to in recital (3) to the directive (although the directive clearly does not, and could not, deal with all the matters covered by that reference).The legal basis for the directive is Article 13 of the EU Treaty, which does not refer to colour.

asked Her Majesty's Government:Whether the exclusion of protection against discrimination on the grounds of skin colour in the Race Relations Act 1976 (Amendment) Regulations 2003 is in accordance with the non-regression principles as set out in the European Union Race Directive, in so far as existing race relations legislation provides against protection against colour whereas the regulations do not. [HL3815]

We are not of the view that the non-inclusion of protection from discrimination on the grounds of colour in the Race Relations Act 1976 (Amendment) Regulations 2003 conflicts with the non-regression principles set out in the Race Directive. The existing protection from discrimination on the grounds of colour, as provided for by the Race Relations Act 1976, is not affected by the regulations.

Commission For Racial Equality: Costs Of Investigation Into Prison Service

asked Her Majesty's Government:Whether the estimated cost of the Commission for Racial Equality's formal investigation into H M Prison Service at £1.5 million represents value for money; and what benefits they expect from such expenditures. [HL3869]

I am advised by the commission that its total costs of the formal investigation from 2000–01 to date are £666,245 (salaries, main activities and overheads).This was a major investigation into the Prison Service, which is a significant area of concern to the Commission for Racial Equality (CRE). It was arguably the most complex and challenging investigation the organisation has ever conducted. Furthermore, the CRE was investigating, in part, the circumstances leading up to a racially motivated murder.The CRE's priority was to conduct a full and proper investigation in order to get to the truth of the matter and this has been achieved. The resulting action plan which the CRE will be working with the Prison Service to implement should lead to significant improvements (not least in the minimisation of risk to inmates) which more than justify the expenditure.

Immigration And Nationality Directorate: Complaints Audit Committee Annual Report 2002–03

asked Her Majesty's Government:When the Immigration and Nationality Directorate's Complaints Audit Committee (CAC) annual report will be published. [HL4031]

We are pleased to announce the publication of the independent Complaints Audit Committee (CAC) annual report for 2002–03. Copies are available in the Library of the House and on the Immigration and Nationality Directorate's website.This is the CAC's ninth annual report. Their role is to monitor the effectiveness of IND's procedures for investigating formal complaints about the conduct and efficiency of staff in IND. Their findings are a very valuable contribution to the process of continuous improvement within IND.The annual report highlights a number of areas where IND could improve, together with useful recommendations. IND will use these recommendations to help to inform its wider change and reform strategy, one of the key elements of which is to make it a more customer-focused organisation.

Prison Service: Annual Report And Accounts 2002–03

asked Her Majesty's Government:When the Prison Service annual report will be published. [HL4033]

The Prison Service's latest annual report and accounts, setting out the service's performance during 2002–03 is published today and copies have been placed in the Library.

Firearms Amnesty

asked Her Majesty's Government:Whether they will provide a detailed breakdown of the numbers and types of illegally held firearms handed in during the recent firearms amnesty. [HL3811]

We intend to make a written ministerial statement on 15 July announcing the total number of guns and ammunition handed in during the amnesty. As part of this, a detailed breakdown will be placed in the Library.I refer the noble Lord to the written ministerial statement made today in another place. A detailed

Firearms and Ammunition handed in during the Firearms Amnesty 2003
Prohibited Firearms
Police ForceTotal No of GunsTotal No of Rounds of AmmunitionFully AutomaticHandgunsRiflesSection 5 ShotgunsOther section 5 firearmsTotalRifles
Avon & Somerset1,30945,000214811015280
Bedfordshire2985,5520481605514
Cambridgeshire5799,6390692027345
Cheshire68310,627113703214318
Cleveland2123,979023113285
Cumbria57210,5030870208946
Derbyshire7324,7151691707827
Devon & Cornwall2,23338,110137820235436103
Dorset69818,8260174828421428
Durham3677,1120390003916
Essex1,36720,9730170062178102
Gloucestershire2721,4500560015710
Greater Manchester2,66243,317319932321081
Hampshire1,54042,795218325319571
Hertfordshire68014,50401331820417521
Humberside62219,8023723538638
Kent1,28762,142021731222346!
Lancashire1,03815,8430117126313885
Leicestershire7922451660106835
Lincolnshire1,01914,1360622006440
London. City of142170301150
Merseyside92415,869010501110727
Metropolitan Police3,18975,6069606143985753206
Norfolk96513,301010602110949
Northampton52312,7980630437017
Northumbria96916,77509428110534
North Yorkshire6176,5570740237930
Nottingham90834,7121821108545
South Yorkshire4074,5671743138218
Staffordshire82349,27129937311432
Suffolk1,21923,801214106415349
Surrey1,15731,8066174051520060
Sussex1,99732,702027316628676
Thames Valley1,18923,87712411138529662
Warwickshire4538,5631504025723
West Mercia1,02928,0722010102913253
West Midlands1,26553,190116861317938
West Yorkshire63511,493112805013432
Wiltshire5747,5161391004144
Total England37,819839,963605,0681232362125,6991,821
Dyfed-Powys84723,526210199913066
Gwent33212,58413584619113
North Wales5925,0731690107121

breakdown of the figures is being placed in the Library.

asked Her Majesty's Government:What were the final figures in respect of the final firearms amnesty. [HL4032]

We have today placed in the Libraries of both Houses details of what was handed in to police forces during the recent firearms amnesty (31 March to 30 April).A total of 43,908 guns and 1,039,358 rounds of ammunition were handed in. This compares to 22,939 guns and 695,197 rounds of ammunition during the previous amnesty in June 1996.We are particularly pleased to see the high volume of hand-ins of all types of gun and ammunition. The amnesty was a great success and these items are no longer at risk of falling into the hands of criminals.The guns figure includes 6,529 prohibited firearms (including 5,734 handguns), 10,513 shot guns, 13,974 air weapons, 9,480 imitations and 3,412 assorted rifles and other guns. In addition, a total of 7,093 other weapons, including knives, swords and crossbows, were handed in.

Firearms and Ammunition handed in during the Firearms Amnesty 2003

Prohibited Firearms

Police Force

Total No of Guns

Total No of Rounds of Ammunition

Fully Automatic

Handguns

Rifles

Section 5 Shotguns

Other section 5 firearms

Total

Rifles

South Wales91714,12821991244125839
Total Wales2,68855,31164042910011550139
Total England & Wales40,507895,274665,4721523362236,2491,960
Central Scotland1751,7100700079
Dumfries & Galloway22071,910014000149
Fife3436,4781280403317
Grampian54012,52908000846
Lothian & Borders50911,7751540105643
Northern39213,7960420014376
Strathclyde78619,6351873229559
Tayside4286,0830220102339
Total Scotland3,393143,9163262383279298
British Transport Police200000000
MoD Police61680000111
Total Other81680000111
Total Great Britain43,9081,039,358695,7341553442276,5292,259

Non-Prohibited Guns

Ammunition

Police Force

Imitations

Air Guns

Shot Guns

Other

Total

Prohibited

Bulleted

Shot Gun

Other

Other Weapons

Avon & Somerset20750136361,157016,00025,0004,00046
Bedfordshire56986312243442,1541,7871,56797
Cambridgeshire145134177550606,1192,1401,38028
Cheshire11825012826540137,4701,0852,05930
Cleveland401093001844131,8042971,46518
Cumbria86191154648365,3871,2243,88646
Derbyshire1842341892065401,9332,1226600
Devon & Cornwall526654483311,7972,66614,4734,40116,57081
Dorset50233125484841,3625,0273,8488,58948
Durham321938613281235,427842720187
Essex264400407161,18976,7133,55010,703106
Gloucestershire347397121505008501003
Greater Manchester1,503569264352,45240219,8536,49816,56454
Hampshire380471383401,3452,20019,1957,96713,433507
Hertfordshire113201151195051,7057,5531,7703,476110
Humberside115241132105365429,5061,8487,906121
Kent250379346171,05324914,2324,73842,923105
Lancashire22231625918900349,7862,7383,28585
Leicestershire153277237227241102677559
Lincolnshire1003413401349551811,3571,9048571,027
London. City of32409020281690
Merseyside2524211001781746,3411,5837,941130
Metropolitan Police7769623121802,4366,57125,09710,74533,193680
Norfolk15322141815856210,7132,34524145
Northampton128144160445327,2573,9871,552279
Northumbria14754111824864410,2272,2674,277105
North Yorkshire119168206155381,2093,8491,25124818
Nottingham23634519078231,0848,8613,75321,0140
South Yorkshire89105922132502,6169291,02256
Staffordshire22126419117093517,9184,95626,36250
Suffolk259294454101,0661,14510,8573,1228,677101
Surrey26736523926957119,1738,0344,5981,560
Sussex445675495201,711022,5847,1722,96633
Thames Valley165330301358932,0418,3933,12210,321135
Warwickshire9018983113966093,7068623,38622
West Mercia1572823703589730015,5584,6557,559166
West Midlands412475145161,08673540,1584,4527,84550
West Yorkshire124211973750107,5325813,38022
Wiltshire8222516616533623,4331,6152,40616
Total England8,70312,0848,55595732,12023,589388,864140,135287,3756,226
Dyfed-Powys32149450207171,94111,1036,0884,39435
Gwent5190681924194,3475,7052,52318
North Wales1211681991252103,7311,01832441
South Wales112242253136592805,2464,1484,45489
Total Wales316649970642,1382,23024,42716,95911,695183
Total England and Wales9,01912,7339,5251,02134,25825,819413,291157,094299,0706,409
Central Scotland16744029168799556383887
Dumfries & Galloway1982831320602,3791,01768,514114
Fife5315463233101,0043,5861,07581394

Non-Prohibited Guns

Ammunition

Police Force

Imitations

Air Guns

Shot Guns

Other

Total

Prohibited

Bulleted

Shot Gun

Other

Other Weapons

Grampian97158213185329110,2671,261910128
Lothian & Borders68204129945309,2381,5141,02341
Northern1795151103494,7865,6993,19711475
Strathclyde91343175236911,2338,3073,2006,89529
Tayside991291326405343,1502,156743116
Total Scotland4601,2399861313,1147,22743,58114,05879,050684
British Transport Police0200200000
MoD Police1021501550130
Total Other1221701550130
Total Great Britain9,48013,97410,5131,15337,37933,046457,027171,152378,1337,093

Veterans

asked Her Majesty's Government:Whether any new money has been made available to take forward the Government's Veterans Initiative. [HL4041]

The Ministry of Defence is announcing today that it has plans to allocate up to £2 million for veterans' projects over the next three years.The new Challenge Fund will be used in cooperation with partners in the ex-service organisations, non-governmental organisations and public sector to pump-prime new projects or research or buy into existing activities in order to give them a veterans-related dimension.We want this fund to be used to help address the identifiable gaps in existing activity or knowledge that will need to be filled if we are to deliver the agreed Strategy for Veterans. The Strategy for Veterans identifies three key areas for further work: ensuring that as many service personnel as possible make the transition from service to civilian life successfully, that those who do not make a successful transition receive appropriate support, and that the contribution of the services and veterans to national and international security is properly understood in wider society. We would like the fund to be used to support a few projects in each area.£500,000 has been made available for the remainder of this financial year and up to £750,000 is planned for each of the next two financial years. Arrangements for the longer term will depend on the success of the fund over this initial three-year period.

Equality Institutions

asked Her Majesty's Government:When they expect the proposed Equality Commission to become operational; and whether there will be an accompanying single Equality Bill. [HL3866]

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

The Government will make an announcement in due course in response to the consultation on the future of Great Britain's equality institutions launched last October (Commons Hansard: 22 October 2002; col. 246W), which looked at the possibility of creating a single equality body among other options. As the consultation document made clear, no new body would be established before 2006.The Government are taking forward a significant legislative agenda on equality matters. This includes introducing protection against discrimination in employment and vocational training on the grounds of sexual orientation, religion and belief and age to implement the EU Employment and Race Directives. We are also strengthening and widening existing disability legislation, providing rights of recognition for trans-gendered people and looking at how same-sex partnerships might be recognised. These are far-reaching changes which will need time to bed down once they are introduced. We do not believe that a single equality Bill is the most appropriate way forward.

Pensions: Employer Insolvency

asked Her Majesty's Government:What are the current obligations in United Kingdom law arising from European Union Directive 80/987 in regard to the rights of employees for occupational pension benefits in bankrupt companies. [HL3774]

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

On 20 October 1980 the Council of European Communities adopted Council Directive 80/987/EEC on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer.Each member state was required to set up a "guarantee institution" (the National Insurance Fund in the UK) to meet certain debts—for example, holiday pay and deductions from employees' Salaries—owed to former employees of insolvent employers. The provisions in question are now contained in the Employment Rights Act 1996 and the Pension Schemes Act 1993.Specifically, the Pension Schemes Act 1993 provides that certain unpaid pension scheme contributions can be claimed from the National Insurance Fund, through the redundancy payments offices, if the employer sponsoring a pension scheme becomes insolvent. If a claim is successful funds are paid to the trustees of the pension scheme being wound up.

Licensing Act: Draft Guidance And Consultation

asked Her Majesty's Government:What mechanisms are available for Members of both Houses; residents' associations and other interested parties not represented on the Department for Culture, Media and Sport's Advisory Group to make comments on the latest version of the draft guidance on the Licensing Bill. [HL3902]

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

A further draft version of the guidance will be placed on the DCMS website (www.culture.gov.uk) in due course. Any individual or organisation will be free to make comments on its contents prior to its presentation to Parliament for approval. The Act requires the draft guidance to be approved by both Houses prior to it being issued. The first draft of the guidance has been available on the website since February and a number of residents associations and other parties have provided the department with comments which are helping to inform the development of the further draft.

Gambling

asked Her Majesty's Government:Whether they will announce plans to bring forward draft proposals for a modernisation of the law on gambling. [HL3982]

We have today published for consultation a set of draft clauses that we intend to be part of a wider gambling Bill.The Bill will make major changes to the way in which gambling is regulated and controlled in Great Britain. It will build on the work undertaken by Sir Alan Budd and the gambling review body that he led.It is based on the three key principles. First, the principle that the system of gambling law and regulation must keep the gambling industry free of crime. Our industry has a high international reputation for integrity, which must not be put at risk. Secondly, the law must ensure that gambling is conducted fairly, so that players know what to expect. Thirdly, there must be effective protection for children and the vulnerable.

The controls we have on gambling today date from the 1960s and 1970s. They have served us well, but have failed to keep up with society's attitudes to gambling and developments in technology and the leisure industries. They need to be modernised. But modernisation must not be allowed to generate an upsurge in problem gambling. I am determined that we will maintain the highest standards of social responsibility.

Sir Alan recommended the establishment of a new national regulator for all forms of gambling. It was proposed that this regulator, the gambling commission, should license gambling operators and key individuals involved in the provision of gambling, and that local authorities should license gambling premises.

In A Safe Bet for Success (published in March 2002, Cm 5397) we accepted the vast majority of the gambling review's recommendations. We have been working closely with the interested industries, representatives of groups encouraging responsible gambling, local authorities, consumer groups, other government departments and the devolved administrations to prepare draft legislation that would give effect to this new system of regulation, which will be centred on the creation of a new national regulator—the gambling commission.

The proposals published today allow for the establishment of a gambling commission, transforming the Gaming Board for Great Britain into a new body with wider functions, greater flexibility to act and stronger enforcement powers.

The clauses describe the three purposes of gambling regulation, which will guide the work of the Commission. They outline the ways in which the commission will be able to use codes of practice to ensure best practice across each sector of the gambling industry. Codes of practice issued by the commission will be an important feature of the new legislation, giving the regulator more flexibility to respond to changing circumstances that may raise issues of consumer protection or threats to vulnerable people.

The draft Bill goes on to describe the principal function of the gambling commission—the licensing of gambling operations and key personnel. The commission will have flexibility to impose licence conditions on categories of licences and, where necessary, on specific operators. It will also have powers to review licences where it believes conditions have been breached or where there is some threat to the three objectives of regulation.

Local authorities are to be responsible for the licensing of gambling premises. Details of these proposals will be published later this year.

The Government remain committed also to the sale of the Totalisator Board and the abolition of the Horserace Betting Levy Board. We will bring forward legislation to achieve these objectives as soon as parliamentary time becomes available. Should parliamentary time become available prior to the introduction of a gambling Bill, we will leave open the option of pursuing our horseracing proposals in a smaller, separate measure.

I understand that a Joint Committee of both Houses is to be convened to examine the Government's draft proposals. The draft gambling Bill is precisely the sort of legislation, cutting across party lines but with some potential for controversy, that will benefit from pre-legislative scrutiny by both Houses. Such scrutiny will improve the legislation and build parliamentary understanding and public confidence, enabling us to strike the right balance between deregulation and the protection of young and vulnerable people.

We will publish the draft Bill in full later this year.

Post Mortem Removal Of Organs: Report Into Case Of Mr Cyril Mark Isaacs

asked Her Majesty's Government:When they will publish their response to the Isaacs report. [HL4034]

The Government are publishing today their response to the Isaacs report, which followed an investigation by Her Majesty's Inspector of Anatomy, Dr Jeremy Metters CB. We advised the House about the publication of the Isaacs report on 12 May.The inspector's report addressed the case of the late Mr Cyril Mark Isaacs and the retention of his brain for research purposes following a coroner's post mortem in 1987 without the knowledge or consent of his widow, Mrs Elaine Isaacs. Mr Isaacs's case proved to be part of an arrangement whereby the coroner's office in north Manchester would identify brains suitable for a research programme at Manchester University. The inspector also found evidence that brains were used following post mortems on adults in other locations.The report made 34 specific recommendations that hear on the responsibilities of the Department of Health, the Home Office and the Department for Education and Skills. We have considered these carefully and we are today publishing our joint response and copies have been placed in the Library.We pay tribute once again to Mrs Elaine Isaacs for bringing her husband's case to public attention and to Dr Metters for his thorough investigation and report.We are very grateful to the Retained Organs Commission and to National Health Service trusts for the arrangements they put in place to deal with inquiries from the public arising from the publication of the report. We understand that the commission's helpline has taken over 860 calls and, of these, some 580 were specific enquiries about organ retention from a deceased person which are being passed to the relevant NHS trusts for investigation.While there is still work to be done, the programme of action on the removal, retention and use of human organs and tissue that we have put in hand since we accepted recommendations by the Chief Medical Officer in 2001 has already achieved significant

improvements. Following extensive consultation, we published on 25 April a comprehensive, interim framework of guidance and other materials to reflect transparent new systems founded on consent. The interim framework comprises: a statement on the use of human tissue and organs under the current law, a code of practice

Families and Post Mortems, postmortem consent forms and leaflets, a code of practice on import/export of human body parts and a summary report on the responses to the consultation document Human Bodies Human Choices. Steps have also been taken to modernise the practice of pathology and to improve the management of joint NHS and academic posts. In addition, the inquiry findings will be taken into account in the development of relevant policy initiatives bearing on death investigation and coronial services which are currently being taken forward by the Home Office.

We also intend to bring forward legislation establishing a comprehensive new framework for the removal, retention and use of organs and tissues from both adults and children.

Medicines Commission And Medicines Act Advisory Bodies: Annual Report 2002

asked Her Majesty's Government:When they will publish the Medicines Commission and Medicines Act Advisory Bodies annual report for 2002. [HL4035]

We have received the annual report of the Medicines Commission for 2002, which has been laid before Parliament today in accordance with the requirements of Section 5(2) of the Medicines Act 1968.Bound volumes have been placed in the Library containing the 2002 reports of the Medicines Commission, the Committee on Safety of Medicines, the Advisory Board on the Registration of Homoeopathic Products, the British Pharmacopoeia Commission, the Independent Review Panel on Advertising, the Independent Panel for Borderline Products and the Veterinary Products Committee.We are glad to acknowledge the valuable work done by the distinguished members of the Medicines Act advisory bodies and thank them for the time and effort dedicated in the public interest to this important work.

Medicines Control Agency: Annual Report And Accounts 2002–03

asked Her Majesty's Government:When they will publish the Medicines Control Agency annual report and accounts for 2002–03. [HL4036]

We have received the annual report and accounts of the Medicines Control Agency for 2002–03 which has been laid before Parliament today in accordance with the requirements of Sections 5(2) and 5(3) of the Exchequer and Audit Departments Act 1921. Copies have also been placed in the Library.

Genetically Modified Products

asked Her Majesty's Government:When they have conducted consultation meetings about the future of genetically modified products. [HL3725]

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

The Government is sponsoring the GM public debate ("GM Nation?") so that people can have their say on GM issues. The debate is being managed by an independent steering board at arm's length from government. The public phase of the debate was launched on 3 June and six regional launch events were held between 3 and 13 June. Further meetings have been arranged by organisations and individuals across the country and people can also participate via the debate website (www.gmnation.org.uk). The deadline for people to submit their views is 18 July.The Food Standards Agency has also carried out a number of activities as part of its contribution to the GM public debate. Many of these activities were carried out in public and the outcome can be accessed on the agency's website (

www.food.gov.uk).

The Agriculture and Environment Biotechnology Commission (AEBC) was set up in June 2000 with a remit to provide the UK Government and devolved administrations with independent, strategic advice on developments in biotechnology and their implications for agriculture and the environment. As part of this process the AEBC has held a number of consultation meetings with stakeholders and the public.

Applications for consents to place particular GM crops and foods on the European market are also subject to mandatory public consultation under the relevant EC legislation.

Horticulture Research International

asked Her Majesty's Government:When they will make an announcement on the restructuring of Horticulture Research International. [HL3981]

Further to my Answer of 20 January 2003, I wish to report further developments in respect of the restructuring of Horticulture Research International (HRI).I am pleased to report that Defra has reached agreement with the University of Warwick about the future of HRI Wellesbourne and Kirton. We believe that the agreement will provide a stable and sustainable future for HRI and meet the core recommendations of the independent quinquennial review team.Subject to finalising the details of the agreement and confirmation of the conclusion of a Defra business case that it represents best value, we expect the settlement with the university to contain the following key elements:

  • (a) HRI will continue to serve the horticulture industry as part of the university.
  • (b) Defra will grant the university a guaranteed research contract for an agreed programme of work. The contract will be for eight years at a total annual value of £5 millon in years 1 to 6, £3.5 million in year 7 and £2 million in year 8;
  • (c) Defra will transfer HRI's sites at Wellesbourne, Warwickshire and Kirton, Lincolnshire to the university with effect from 1 April 2004, subject to "clawback" arrangements to protect the public purse;
  • (d) The university will make a financial contribution equivalent to the value of the dwellings and agricultural land at Wellesbourne as assessed by the Valuation Office Agency;
  • (e) Following a programme of redundancies, the remaining HRI staff at Wellesbourne and Kirton will transfer to the employment of the university on TU PE terms with effect from 1 April 2004;
  • (f) The university will inherit ongoing redundancy and pension liabilities of transferring staff; and
  • (g) Defra will make a financial contribution to outstanding works required in respect of the Wellesbourne and Kirton estates.
  • We plan to exchange letters of intent with the university as soon as practicable followed by a business transfer agreement in the autumn, subject to negotiations and the Defra business case.

    The independent quinquennial review team recommended that HRI Efford should close. The University of Warwick has indicated that it does not wish to acquire the site. Defra and HRI have carefully considered the review team's recommendation alongside other options and, regrettably, concluded that Efford should close in October. Staff at Efford will have access to the same support services as those similarly affected at other HRI sites and will receive redundancy compensation in line with agreed terms and procedures. The land and buildings at Efford are a valuable public asset which will be sold on the open market and the receipts invested in the wider restructuring of HRI. HRI will ensure that existing contracts at Efford are honoured. Defra will facilitate discussions with the horticulture industry and the research community about the need, if any, to make specific alternative provision for the research capability presently offered by Efford.

    Negotiations are continuing between Defra and the East Mailing Trust for Horticultural Research about the establishment of East Mailing and Wye as an independent research station. The East Mailing Trust has made proposals which we plan to discus with it later in July. It is in everyone's interests to ensure that the new research station would be financially viable on the basis of a mixed portfolio of funding as recommended by the quinquennial review team. We aim to decide the future of East Mailing and Wye by the end of September at the latest.