asked Her Majesty's Government:Further to the Answer by the Lord President on 13 October

I refer the noble Lord to the Answer given by the Attorney-General in response to his Question (HL 4893). There have been a few cases in which exceptions have been made to the convention that legal advice from the Law Officers is not publicly disclosed. Exceptions are, however, only very rarely made, since otherwise this would undermine the purpose of the convention, which is to enable the Government, like everyone else, to obtain full and frank legal advice in confidence.

asked Her Majesty's Government:Whether they will clarify the statement by the Baroness Amos on 13 October

A special session of the WTO Committee on Agriculture was due to take place between 6 and 10 October, but was in fact cancelled just a few days previously.I wrote to the noble Baroness on 17 October 2003 clarifying this point; and copied my letter to those who participated in the debate, and to the Library of the House.I am grateful to the noble Baroness for giving me the opportunity to put the record straight.

asked Her Majesty's Government:Whether gypsy and traveller women have access to public health care on an equal footing with the rest of the population; and what is their response to the recommendations in the report

Access to health services in the UK is based on the principle established at the start of the NHS, of clinical need rather than ability to pay. This continues to be government policy, and the Department of Health will continue to keep this under review to ensure the Government meet the issues raised in the report and avoid disadvantaging any sector of society.

asked Her Majesty's Government:What are the priorities of the Human Rights Policy Department of the Foreign and Commonwealth Office for 2004–05; and how this department's budget for that year compares with that for year 2003-04. [HL5105]

Individual departments within the Foreign and Commonwealth Office are due to agree specific objectives for the financial year 2004–05 in February 2004. Engaging with multilateral human rights mechanisms, dealing with thematic issues such as torture and the death penalty, raising awareness of the Government's work to promote human rights abroad and mainstreaming democracy and good governance work within the FCO are likely to remain the overall priorities for the Human Rights Policy Department.We do not expect there to be any significant change in the staffing or administrative budget of the Human Rights Policy Department in the next financial year.In the financial year 2003–04 the Human Rights Policy Department is administering the human rights project fund with a total budget of £8.1 million. Across the FCO, approximately 13 million will be spent on human rights-related projects this financial year. From next year, almost all FCO human rights project work will be funded under the Global Opportunities Fund, which was launched by my right honourable friend the Foreign Secretary in July 2003. The total allocation to this fund in the financial year 2004-05 will be approximately £17.6 million.

asked Her Majesty's Government:Whether they will list the forthcoming business in the Council of the European Union from November 2003 to May 2004. [HL5367]

The forthcoming business in the Council of the European Union is as follows:

Unsuccessful asylum seekers are granted a period of discretionary leave only if they meet the strict criteria set out in the published asylum policy instruction. The fact that we do not choose to pursue removal action against an unsuccessful asylum seeker is not sufficient to justify the grant of discretionary leave.

asked Her Majesty's Government:How many Zimbabwe asylum seekers have returned to Zimbabwe under the voluntary assisted returns programme since it was set up. [HL4822]

Information on the nationality and destination of asylum seekers who leave the UK under the voluntary assisted returns programme is not available.The Voluntary Assisted Return and Reintegration Programme (VARRP) is available to all nationalities, including Zimbabweans, throughout the asylum process including those who have received a negative decision on their asylum claim and are awaiting appeal. It is also open to those who have been granted time-limited leave to enter or remain.

asked Her Majesty's Government:What services SchlumbergerSema provides for the Home Office, the Metropolitan Police, the Immigration and Nationality Directorate and the Prison Service. [HL4912]

SchlumbergerSema provides an occupational health service to the Home Office and the Immigration and Nationality Directorate. It also provides some of the outsourced information and communications systems to the Metropolitan Police. The Prison Service has considered the occupational health services provided by a number of companies including SchlumbergerSema.

asked Her Majesty's Government:Whether, before introducing any further legislation on asylum, they will consult the Attorney General on its likely potential cost to the Government's litigation budget. [HL4924]

My right honourable friend the Home Secretary has made it clear that we seek to tackle two remaining problems in the asylum system: applicants who lodge groundless appeals to delay removal and the problem of asylum seekers who deliberately destroy or dispose of their documents to make unfounded claims. On 27 October, my honourable friend the Minister of State for Citizenship, Immigration and Counter-Terrorism announced specific new legislative proposals for asylum reform, including measures to tackle these two problems. We believe that these reforms should be in place as a matter of urgency and will introduce legislation to enact the measures as soon as parliamentary time allows. We consult the Attorney-General and other Ministers as necessary on all aspects of any future legislation including cost implications.

asked Her Majesty's Government:Whether, in deciding the fees to be charged for applications for extensions of leave to remain by temporary residents in the United Kingdom they received representations regarding the level of these fees compared with those levied for initial visas. [HL5015]

The fees are set under Treasury rules to recover the full administrative cost entailed in considering applications and no more. This is calculated by taking the overall costs of processing applications divided by the number of decisions we expect to make.A number of letters have been received from members of the public, bodies representing students and Members of Parliament with regard to the introduction of charging.My honourable friend the Minister of State for Citizenship, Immigration and Counter-Terrorism has replied to a number of these representations and officials at the Home Office continue to do so.

asked Her Majesty's Government:Whether, in deciding the fees to be charged for applications for extensions of leave to remain by temporary residents in the United Kingdom:

The concept of charging has been in the public domain for some time since it was debated during the passage of the Immigration and Asylum Act 1999. My right honourable friend the Home Secretary further stated his intention to charge in the White Paper Secure Borders, Safe Haven: Integration with Diversity in Modern Britain published on 7 February 2002, and signalled that it was necessary and appropriate that applicants themselves paid for this service. The regulations were laid on 10 July and charging was introduced on 1 August.Although the intention to introduce charging had been signalled in the White Paper, we accept that the implementation date gave little time before the start of the academic year. Our main concern now is to ensure that all international students and their advisers have the information they need about the new arrangements and services available. Home Office officials are working closely with the Department for Education and Skills (DfES), the British Council and UKCOSA to ensure that this information is disseminated as widely and quickly as possible.Charging is vital to ensure we can continue providing the service many students and higher education establishments have come to enjoy recently, particularly under the batch scheme. We have already invested heavily to ensure that the improved service standards we have published are achievable and sustainable. The implementation of charges is necessary to enable the Immigration and Nationality Directorate (IND) to bring its performance up to the best international standards.

asked Her Majesty's Government:How many staff are employed by the Criminal Records Bureau in the United Kingdom; whether the bureau uses other agencies in the United Kingdom; and how many people are employed overseas on the bureau's work. [HL5050]

The number of staff employed by the Criminal Records Bureau (CRB) in the United Kingdom is 923, comprising staff employed by the agency, Capita and sub-contractors. The bureau does not use any other agencies in the United Kingdom. Data processing work relating to CRB applications has been outsourced by Capita and is undertaken on the Indian sub-continent. I am unable to provide accurate details of the total number of people employed by the sub-contractor, the British company Hays plc. The precise number employed fluctuates significantly, according to the amount of processing work that is contracted out.

asked Her Majesty's Government:Whether a copy of the correctional services review, conducted by Mr Patrick Carter for the Cabinet Office Strategy Unit, will be placed in the House. [HL5162]

Patrick Carter has not yet delivered his final report which will provide private advice on correctional services to the Prime Minister, Home Secretary and Chief Secretary. When they have received the report and considered it, Ministers will decide on any publication arrangements.

asked Her Majesty's Government:What plans they have for involving spouses and partners of prisoners in sentence planning. [HL5185]

There are no plans to require Prison Service establishments in England and Wales to routinely involve spouses, partners, or other family members in sentence planning for offenders over the age of 18. A few establishments do involve families. This is good practice, though not a mandatory requirement.In respect of offenders under the age of 18, and all those sentenced to the detention and training order, there is a mandatory requirement that governors must ensure that, where appropriate, families are given the opportunity to contribute to the sentence planning process throughout the custodial part of the sentence.The Northern Ireland Prison Service is currently examining ways of allowing prisoners' spouses and partners to participate in resettlement planning.Information relating to Scotland is a matter for the Scottish Executive.

asked Her Majesty's Government:Whether they will make the resettlement sections of prisons responsible for the administration of existing visitors' centres. [HL5187]

In England and Wales it remains a matter for each governor to determine the management structure of their establishment and the location of responsibility for the visitors' centre. However, a recent strategic resettlement review in Northern Ireland concluded that it would be beneficial to have all resettlement and family services with the same functional responsibility.Information relating to Scotland is a matter for the Scottish Executive.

asked Her Majesty's Government:Whether they intend to take legal action against companies which exhibited arms and ammunition at the Defence Systems and Equipment International Exhibition without first obtaining the required licences; and if not, why not. [HL5236]

I understand from the Metropolitan Police that no participants were allowed to exhibit without the necessary registration and authority. Nine exhibitors arrived without the necessary documentation to possess firearms. Arrangements were made for this to be rectified before they were allowed to exhibit. In the meantime the firearms were stored in a secure armory.Lord Hylton asked Her Majesty's Government:Whether it is their normal practice to recover from the organisers the cost of policing events on private premises to which the public do not have free access; and whether they intend to recover the cost of policing the Defence Systems and Equipment International Exhibition from Spearhead Exhibitions Ltd. [HL5237]

Section 25 of the Police Act 1996 enables chief officers of police to provide special police services upon request and in return for payment at a rate set by the police authority.I understand from the Commissioner that the majority of the costs to the Metropolitan Police associated with this exhibition arose from policing demonstrations that occurred outside the exhibition. Maintaining public order in such circumstances is a normal part of police business.

asked Her Majesty's Government:Whether since 13 August authorisation of stop and search under Section 44 of the Terrorism Act 2000 for the whole of Greater London has resulted in the arrest or charging of any suspected terrorists; and if so, how many. [HL5238]

The data collected on stops and searches made under Section 44 of the Terrorism Act 2000 is not automatically cross-referenced with the data held on arrests or on those charged. This information could only be collated and verified at disproportionate cost.

asked Her Majesty's Government:Whether authorisations under Section 44 of the Terrorism Act 2000 are now in force outside London; and whether the level of threat is sufficiently high to justify extending the authorisation for Greater London beyond November 2003. [HL5239]

Many forces run short-term localised operations for a variety of situations that are supported by Section 44 powers. Such operations can include protective security arrangements for events or VIPs, intelligence gathering operations or measures taken in response to intelligence and threat assessments.To disclose detailed information on the times and locations of such operations could compromise their future effectiveness and provide information that could prove valuable to terrorists.The threat from terrorist attack in the UK remains real, and it is important that the Government provide the necessary assistance to the law enforcement agencies to meet this threat. Section 44 powers play an important part in this process.However, it is important to note that each police authorisation of the Section 44 stop-and-search powers is subject to a high level of scrutiny and screening throughout the whole process. This involves the National Joint Unit at the Metropolitan Police and officials at the Home Office before being authorised by the Minister him or her self. This scrutiny revolves around a careful assessment of the threat balanced against the assessment of the risk of any designated or whole force area.

asked Her Majesty's Government:How many persons have been convicted of entering or attempting to enter the United Kingdom using false or forged documents in the past five years; how many such persons have subsequently been granted refugee status or exceptional leave to remain; and how many cases for financial compensation are pending. [HL5263]

The information requested is not available.

asked Her Majesty's Government:Whether the electors of Gibraltar will have the right to vote at the next election of the European Parliament in 2004. [HL5228]

:Yes. Part 2 of the European Parliament (Representation) Act, which obtained Royal Assent in May 2003, sets out provisions to enable the people of Gibraltar to vote in the next European parliamentary elections.

asked Her Majesty's Government:What protection employees will have against losing pension savings due to employers' insolvency in the period prior to the pension protection fund being launched in 2005. [HL5265]

Andrew Smith announced on 11 June that the Government will introduce a pension protection fund which will increase protection for employees who lose their pension savings due to employers' insolvency. The PPF will ensure that scheme members whose companies become insolvent after implementation can still count on receiving a substantial proportion of their pension and therefore have the secure retirement they were expecting.The Government are also committed to amending the priority order so that when pension schemes are wound up in future, those members who have been in the scheme the longest, but have not yet retired, are more likely to receive the pension they were expecting. Draft regulations were published on 22 October 2003, which opened a six-week consultation period, ending on 3 December 2003.However, it is the general principle of good legislation that it does not apply until it comes into force. Promising compensation for members whose companies go bust before the introduction of the protection measures would mean taking on unknown—and potentially very large—liabilities. With the prospect of guaranteed compensation, some employers might seek to abandon their pension liabilities, potentially further increasing the cost. This would be a potentially very large burden to place on the general taxpayer or any alternative source of funding.Member protection is a government priority, and so these new protection measures will be introduced as soon as possible after the relevant legislation is in place.

asked Her Majesty's Government:How the Inland Revenue intends to claw back money it overpaid under the child tax credit scheme. [HL5202]

The Inland Revenue encourages people to report changes in their circumstances or income during the year, so that their awards can be adjusted and the right amount of tax credit paid over the year.When awards are adjusted, it may mean that tax credit payments are reduced because too much has been paid out already or that no further payments are made because the full amount of tax credits believed to be due has been paid out. To make sure that payments are not reduced to a level that would cause hardship, however, the Inland Revenue makes additional payments if that would be the case.Overpayments identified when awards are finalised at the end of the year will, where possible, be recovered by reducing the following year's tax credit award. If there is no continuing tax credit award, the Inland Revenue may ask for direct payment or the amount owed can be recovered by adjusting a PAYE code.The Inland Revenue will be publishing a code of practice on what happens when too much tax credit is paid. The code will also cover the circumstances in which the Inland Revenue will not seek to recover a debt, for example, in cases of hardship.

asked Her Majesty's Government:Whether they will include reference to the need to act proportionately in accordance with Article 10 of the European Convention on Human Rights and Section 6 of the Human Rights Act 1998 when regulating entertainment under the Licensing Act 2003 and giving guidance under Section 182 of that Act; and [HL5232]What they consider to be the obligations of local authorities in acting compatibly with the rights of live musicians under Article 10 of the European Convention on Human Rights when regulating entertainment under the Licensing Act 2003. [HL5233]

The Government will not regulate entertainment under the provisions of the Licensing Act 2003. Regulation of the use of premises for the provision of regulated entertainment under the Act is a function of the licensing authorities. The guidance which the Secretary of State will issue to licensing authorities under Section 182 of the Licensing Act 2003 and which those authorities must have regard to in discharging their functions under the Act will make clear that conditions attached to all premises licences, including those licences which permit regulated entertainment, must be necessary for the promotion of the licensing objectives and must represent a proportionate reaction to the level of risk which the proposed activities give rise to. The guidance will further make clear that the licensing conditions should be tailored to the characteristics and activities taking place at the premises concerned. It will stress the importance that the conditions are proportionate and that they recognise any significant differences between venues. No specific reference to the convention or the Human Rights Act 1998 is considered necessary.Local authorities acting as licensing authorities must act compatibly with Article 10 of the European Convention on Human Rights when discharging their functions under the Licensing Act 2003 by virtue of their duties under Section 6 of the Human Rights Act 1998. In carrying out their functions under the 2003 Act, the licensing authorities are not concerned with the licensing of individual expression, but are concerned with licensing the premises for the carrying on of the provision of regulated entertainment, such as the performance of live music. Accordingly, their actions in, for instance, attaching conditions to premises licences must be restricted to those which are necessary to promote the licensing objectives and should, therefore, be a proportionate response to the level of risk which the proposed activities give rise to, in this case the provision of regulated entertainment on premises.

asked Her Majesty's Government:Whether women in mixed-sex clubs that discriminate on grounds of sex have weaker or fewer voting rights as a result of the repeal of Schedule 7 to the Licensing Act 1964. [HL5234]

It is the Government's view that this repeal will not weaken the position for women in mixed-sex clubs but will, to a small degree, improve it.Sex discrimination is not currently unlawful in relation to the membership of clubs. In determining whether a club may be registered for the purposes of the 1964 Act, the magistrates, in cases where a club does not conform to the provisions in Schedule 7 to that Act, have a discretion to consider whether it is established and conducted in good faith. As a consequence, Schedule 7 gives no absolute protection with regard to the mandatory application of its provisions.There is only one area where magistrates must apply the provisions of Schedule 7 to the 1964 Act and have no discretion, and that is in the area of elective committees. However, even here the provisions in Schedule 7 provide a derogation. Although Schedule 7 applies certain voting requirements for elective committees to the effect that all members entitled to use the club must be entitled to vote for the committee, there is an important exception to this. Where the club is primarily a men's club, women may be excluded from voting, and where the club is primarily a women's club, men may be excluded from voting. This obviously undermines the effect of Schedule 7 in reducing sex discrimination under the 1964 Act. The Licensing Act 2003 will remove this anomaly in the mandatory area.The Government believe that the 2003 Act improves the current position as it provides that where a club supplies alcohol, the committee which purchases the alcohol must be elected by the members of the club. The effect of this formulation is that all members of the club, of any class of membership, must vote for the committee. For these purposes the reference to "member" would not include "associate members" as defined in Section 67 of the 2003 Act, who are members of another recognised club or a guest of such a person for the purposes of the 2003 Act. Unlike Schedule 7 to the 1964 Act, this provision does not have any derogations and can therefore be seen as a strengthening of the voting rights within club membership from the standpoint of the prevention of sex discrimination.The Government therefore believe that the Licensing Act 2003 slightly improves on the current situation in licensing law, and will not weaken any existing protections.

asked Her Majesty's Government:Whether they plan any further revisions to the tables of public expenditure in the English regions in chapter 8 of

The tables of public expenditure in the English regions in chapter 8 of Public Expenditure Statistical Analyses (PESA) 2003 were revised in a corrigendum that was published on 10 June 2003. This is available on the Treasury's public website at http://www.hm—treasury.gov.uk/documents/public-Spending-and-services/public_spending-data/pss-pss_pesa03to04.cfm.The Treasury does not plan to make any further revisions to these tables before the results of the next annual exercise to provide these analyses are published in PESA 2004.

asked Her Majesty's Government:Whether they will announce the television licence fees that will come into force next year. [HL5469]

The television licence fee settlement announced by the Government in February 2000 provides for changes in the licence fee of RPI plus 1.5 per cent for each year from 2000–01 to 2006–07. This settlement is designed to enable the BBC to provide a strong and distinctive schedule of high quality programmes and remain at the forefront of broadcasting technology. The settlement includes a requirement for the corporation to raise around £1.1 billion through efficiency savings and increased income over the same period.Application of the RPI figure of 2.8 per cent for the year to September 2003, plus 1.5 per cent, to the current unrounded licence fees produces new rounded totals of £121 for a colour licence and £40.50 for a black and white licence. The necessary regulations to bring these fees into force will be laid before the House in due course. The changes will come into effect from 1 April next year.

asked Her Majesty's Government:Whether they will provide a table showing the average amount paid to a farmer per litre of milk, in the most recent year for which figures are available, in each of the countries to which the common agricultural policy applies. [HL5424]

The table below gives the most recent data available from Eurostat on the average farmgate price of milk of 3.7 per cent fat content in euros per 100 kg for the EU 15.The data show that UK farmgate prices are consistently below the EU average. The reasons for this were examined by KPMG in their report on

asked Her Majesty's Government:When they will publish Lord Haskins' report on rural delivery. [HL5489]

We are very pleased to welcome today the publication of Lord Haskins' report on rural delivery, copies of which are in the Libraries of both Houses. We would like to take this opportunity to thank Lord Haskins and his team for all their work. The report is compelling in its analysis of the rural delivery landscape as confusing for customers and too bureaucratic and centralised to meet our future challenges. This echoes the concerns which led us to commission his report. While we have already begun to address these concerns, this report helps us take our work forward.Shortly we will also be publishing a review—three years on—of the rural White Paper alongside a study of economic performance in rural areas from Birkbeck College. In the new year, drawing on the three reports, we expect to publish a refreshed rural strategy.I attach a copy of Lord Haskins' recommendations, but will single out for comment a few key issues.

asked Her Majesty's Government:What are the requirements for the provision for first aid equipment, the presence of trained first aid staff, and a nominated member of staff as the lead "first aider" on (a) inter-city trains and stations, and (b) other trains and stations in the United Kingdom. [HL5303]

The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment and facilities to enable first aid to be given to their employees if they are injured or taken ill at work. Employers are required to assess whether first aid facilities are appropriate to the circumstances of the workplace. As a minimum, employers are required to provide a suitably stocked first aid box and appoint a competent person to take charge of first aid arrangements.There are no legal requirements for railway operators to make first aid provision and facilities available for non-employees. However, most railway operators do generally make first aid provision for passengers on trains and at major stations.

asked Her Majesty's Government:What is the cost to the Health and Safety Executive and the railway industry in the collection of information, analysis and production of the monthly reports on signals passed at danger. [HL5315]

It takes the Health and Safety Executive approximately 24 staff days per year, at a total annual cost of about £4,000, to collect, analyse and publish on its website (and place in the House Library) its monthly reports on signals passed at danger. These reports also contain data about train protection and warning system interventions and activations.

asked Her Majesty's Government:How many people have been killed or seriously injured in each year since the Health and Safety Executive reports on signals passed at danger were introduced in the year 1997–98. [HL5316]

Details of the number of people killed and seriously injured on Britain's railways are available in the Health and Safety Executive's annual reports on railway safety, copies of which are available from the House Library.

asked Her Majesty's Government:How many public road bridges still have tolls. [HL5356]

There are 12 public road bridges in England where tolls are charged.

asked Her Majesty's Government:How many public road tunnels still have tolls. [HL5357]

There are two public road tunnels in England where tolls are charged.

asked Her Majesty's Government:Which cruise liners operate under British companies. [HL5358]

24 cruise liners were operating under the direct ownership of UK companies at the end of June 2003. These are as follows:

• Adonia
• Aidaaura
• Aidavita
• A'Rosa Blu
• Aurora
• Braemar
• Caronia
• Hebridean Princess
• Hebridean Spirit
• Lord of the Glens
• Ocean Village
• Oceana
• Oriana
• Pacific Sky
• Queen Elizabeth 2
• Royal Princess
• Seabourn Legend
• Seabourn Pride
• Seabourn Spirit
• Seven Seas Navigator
• Seven Seas Voyager
• Sunbird
• Superstar Aries
• World Discoverer