Written Answers
Monday, 17th November 2003.
North/South Implementation Bodies: Funding
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 7 July
(WA 1), in the case of the Language Implementation Body budget for 2003, how the assessment of benefits for each jurisdiction was made to allow the setting of proportionality of contribution. [HL4777]
The assessment of benefits for each jurisdiction in relation to the language body budget was made when the body was established in December 1999, and was on the basis of a number of factors, including the nature and location of activities being undertaken by the language body and the number and location of staff. No factors have arisen since then to merit a change to this assessment.
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 7 July
(WA 1) concerning funding for Cross-Border Bodies, whether that reply means that pressure on funding in either jurisdiction should only apply to activity in that jurisdiction. [HL4778]
No. Budgets for the North/South Implementation Bodies must be agreed on a joint basis north and south, and thus funding pressures in either jurisdiction may have implications for the budget as a whole.
Northern Ireland: Mental Health Tribunal Rules
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 14 October
(WA 99), whether they consider the mental health tribunal rules (Northern Ireland) 1986 to be compatible with the obligations imposed upon the United Kingdom by the European Convention on Human Rights, in view of the decision of the English Court of Appeal last year that the equivalent English rules are incompatible; and, if so, what is their reasoning. [HL4944]
The English Court of Appeal did not find that the English mental health tribunal rules, which are purely procedural, were incompatible with the obligations imposed upon the United Kingdom by the European Convention on Human Rights, but it did find that the English Mental Health Act 1983 was so incompatible.
The review of mental health legislation referred to in my Written Answer on 14 October (WA 99) continues to consider whether the maintenance and exercise of the equivalent Northern Ireland provisions are compatible with human rights obligations.
Northern Ireland Government Offices: Cleaning
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 16 October
(WA 128) concerning the cost of cleaning government offices in Northern Ireland, how much office cleaning has cost each year since 1994. [HL4979]
The actual costs of cleaning all government offices in Northern Ireland are not held centrally. Information is only readily available from the first full year following devolution for core departments. These costs are set out in the following table.
| Financial Year | Cost |
| 2000–01 | £1,321,180 |
| 2001–02 | £1,408,262 |
| 2002–03 | £1,698,969 |
(WA 128) is held centrally and amounts to approximately £2.7 million per annum and includes the estimated cost per year in respect of cleaning offices belonging to agencies and NDPBs in addition to the core departments.
Northern Ireland Parliament 1921–1972: Legislation
asked Her Majesty's Government:How many times the Parliament of Northern Ireland enacted legislation discriminating against Roman Catholics or Protestants or both between 1921 and 1972, and whether they will specify the Acts and sections now judged to be directly or indirectly discriminatory on the grounds of religion. [HL4883]
I am unaware of any legislation still in force and enacted by the Parliament of Northern Ireland which would now be judged to be directly or indirectly discriminatory on the ground of religious belief.
Belfast: Waterways
asked Her Majesty's Government:Whether they will:
The main urban sections of the Connswater and Knock Rivers in east Belfast are already designated for maintenance by the Department of Agriculture and Rural Development, Rivers Agency. Maintenance work is carried out as and when necessary to ensure free flow. Works, including channel clearance, in the Connswater and Knock Rivers are included in the agency's maintenance programme in the current business year. Any extension of existing designated sections would only be based on drainage need, and not amenity reasons.Designation of watercourses within the terms of the Drainage (Northern Ireland) Order 1973 does not require public sector ownership of the watercourses concerned to enable necessary drainage works to take place.The Rivers Agency's drainage remit does not enable it to carry out works solely for amenity reasons and therefore that agency has no plans to construct overhanging walkways in the vicinity of the Connswater River.Also, the draft Belfast metropolitan transport plan will contain an integrated range of proposals for walking/cycling, public transport, highways and management up to 2015. The work to develop the plan has not identified a pedestrian need that would justify the potentially high costs of constructing walkways overhanging the Connswater River in the vicinity of the Connswater shopping centre in east Belfast.
Iraq: Gender Experts
asked Her Majesty's Government:
For the personal safety of those concerned, under the Code of Practice on Access to Government Information (exemption 1—defence and security and exemption 8—public employment) and due to the fact that this Answer will be made public, the names, locations in Iraq and salaries of the two gender experts who have been assigned to Iraq are being withheld.Both gender experts are educated to Masters level. Both have broad experience in the field of social development. The first has a long career that has centred on women's rights, gender equality, gender violence and equal opportunities, working with local authorities, government departments and a range of non-governmental organisations. The second, who is seconded to DfID from a local authority, is currently working as an equality officer developing equality strategies in race, gender and ethnicity.The two experts will provide strategic support to the Minister/Deputy Minister of Social Welfare and the Coalition Provisional Authority (CPA) in addressing the needs of Iraqi women, and provide capacity and support to CPA-South and a local council in southern Iraq to promote gender equality and diversity.Both experts will work in Iraq for up to six months. The cost of these deployments will be up to £152,000 in total.
Cameroon
asked Her Majesty's Government:At the high level meeting on Cameroon to be hosted by the Commonwealth on 29 October, they will press the Cameroon Government to take steps to improve the fairness and transparency of their parliamentary and presidential electoral process; and [HL5133]Whether, at the high level meeting on Cameroon to be hosted by the Commonwealth on 29 October, they will insist that the registration of voters is full, fair and transparent; and [HL5134]At the high level meeting on Cameroon to be hosted by the Commonwealth on 29 October, they will insist that there are safeguards to ensure the neutrality and independence of officials involved in the administration of elections; and [HL5135]At the high level meeting on Cameroon to be hosted by the Commonwealth on 29 October, they will insist that the independence of members of the National Elections Observatory is protected; and [HL5136]At the high level meeting on Cameroon to be hosted by the Commonwealth on 29 October, they will consider making economic assistance to Cameroon conditional on improvements in the electoral process. [HL5137]
We are working closely with Commonwealth and other partners in assisting the Cameroon Government to achieve their commitments to reform in all the areas mentioned. At the 31 October Conference, the UK, in common with other donors, made clear its readiness to provide support, in particular for electoral reform and prisons.
Indonesia: Use Of British-Built Military Equipment In Aceh
asked Her Majesty's Government:Further to the Written Answer by the Baroness Symons of Vernham Dean on 10 July
(WA 53), how they are "carefully monitoring the extent of
compliance" with assurances "that British-built military equipment should not be used offensively or to violate human rights" in Aceh. [HL5164]
Our embassy in Jakarta and the Foreign and Commonwealth Office in London monitors all sources of information available on the situation in Aceh and follow up on any reports that British-built military equipment has been used offensively or used to violate human rights.In co-operation with our EU colleagues we continue to press for free and unhindered access to Aceh for diplomats, for NGOs and for the international press.
Iraq: Unemployment
asked Her Majesty's Government:What is the current estimated rate of unemployment in Iraq. [HL5182]
The United Nations/World Bank Joint Needs Assessment published in October 2003 estimates that unemployment and underemployment in Iraq is currently at about 50 per cent of the labour force.I am placing a copy of the
Joint Needs Assessment, produced to coincide with the Iraq Donors Conference held in Madrid, in the Library of the House. The document is also available online through the World Bank website— www.worldbank.org.
Peacekeeping: Unscr 1325
asked Her Majesty's Government:What they are doing to implement United Nations Security Council Resolution 1325. [HL5220]
The United Kingdom's support for Security Council Resolution 1325 (SCR 1325), three years after its adoption in October 2000, is now focused on implementing its provisions and ensuring that the necessary mechanisms are in place for monitoring its implementation. UK support has included:providing 150,000 dollars to the United Nation's Department of Peacekeeping Operations (DPKO) to develop and implement a training manual and integrate its use into DPKO's Best Practices Unit;providing compulsory training to all UK military and police officers embarking on peace-keeping or similar overseas missions on gender, child protection and human rights issues;actively searching for and subsequently deploying UK female officers to missions and other conflict prevention/resolution operations, the most recent examples being the deployment of two female police officers to Sierra Leone and a senior gender expert to Baghdad to work with the Coalition Provisional Authority (CPA);
developing a database of suitably qualified women based in the UK experienced in conflict prevention/resolution work, and willing to be deployed overseas;
continuing efforts in the UN Security Council to reflect gender perspectives in a meaningful way. The UK has argued for language in SCRs that establish or renew peace-keeping mandates as one concrete method of mainstreaming gender into the council's work. The UK is systematically looking for opportunities to ensure that gender concerns are properly addressed in resolutions, mission mandates and progress reports. Recent Security Council resolutions reflecting language taken from SCR 1325 or its provisions include those on Liberia, the Democratic Republic of Congo, and Cote d'Ivoire. We also repeated at the open debate of the Security Council on women, peace and security held on 31 October to mark the third anniversary of the resolution's adoption, the suggestion made at the same debate in 2002 that the council give thought to establishing a mechanism through which it can monitor its own progress on issues relating to women, peace and security;
welcoming the International Criminal Court's willingness to include within its remit certain crimes against women;
ensuring that those members of the various UK teams in Iraq, especially those working in or with the CPA, are fully briefed on the gender aspects of their work. The UK's Special Representative, Sir Jeremy Greenstock, on a recent round of briefing calls and meetings in London, met my right honourable friend the Secretary of State for Trade and Industry, Minister for Women and Equality, and e-Minister in Cabinet (Patricia Hewitt), a representative group of Iraqi women, and representatives of UK non-governmental organisations (NGOs), including the Women's National Commission, active in the field;
funding through the Global Conflict Prevention Pool several initiatives relating to the implementation of SCR 1325, including the United Nations Development Fund for Women's efforts to gather information on women's peace-building and gender justice initiatives, and work with the Urgent Action Fund for Women's Human Rights, an NGO that supports grass-roots activities in countries where there are multinational peace-keeping operations. It is our experience that small well targeted funding can make a big difference—for example, encouraging women to play an active role in Afghan politics by providing childcare facilities in the main Parliament building in Kabul.
Future ideas include a series of briefing workshops, held jointly by the UK and Canadian missions to the UN in New York, for newly elected Security Council members, to build a wider body of support amongst member states for SCR 1325 and the broader set of issues surrounding women, peace and security.
Vietnam: Unified Buddhist Church
asked Her Majesty's Government:Whether they will make representations to the Government of Vietnam about persecution of the Unified Buddhist Church of Vietnam, and encourage the European Union to raise the matter. [HL5221]
In Vietnam, the UK works closely with EU partners on human rights matters. The EU Presidency has already made representations to the Vietnamese Government about the recent detention of senior members of the Unified Buddhist Church of Vietnam (UBCV). It will be seeking further information about the alleged incidents involving the UBCV at the next EU Vietnam human rights dialogue meeting later this month. When my right honourable friend the Foreign Secretary met Vietnamese Foreign Minister Nien in September, he presented him with the EU's list of prisoners of concern, which includes UBCV prisoners.
Ceuta And Melilla: European Parliamentary Elections 2004
asked Her Majesty's Government:Whether the electors of Ceuta and Melilla will have the right to vote at the next election of the European Parliament in 2004. [HL5229]
This is a matter for the Spanish Government, but we understand that electors of Ceuta and Melilla will have the right to vote at the next European Parliamentary elections in 2004.
Fourth Geneva Convention: Civilians In The Occupied Territories
asked Her Majesty's Government:Whether they consider that the Fourth Geneva Convention applies for the protection of civilians in the Occupied Territories, or whether they consider Israel to be the legal administrator of the territories pending determination of their status, and hence, not bound by the Fourth Geneva Convention. [HL5231]
The UK has long taken the view that the Israeli presence in the Occupied Territories is governed by the Fourth Geneva Convention. The UK reaffirmed its view of the applicability of the Fourth Geneva Convention in the Occupied Territories at the reconvened conference of High Contracting Parties in Geneva on 5 December 2001. In accordance with the declaration adopted at the conference, we continue to call upon all parties to the conflict to respect and to ensure respect for the Geneva conventions in all circumstances.
Somaliland
asked Her Majesty's Government:What discussions they have had with Government Ministers from the Republic of Somaliland; and whether they agree with the submission by those Ministers that the international community should pay more attention to an administration which is founded on the principles of democracy and the rule of law. [HL5292]
My honourable friend the Minister for Africa at the Foreign and Commonwealth Office (Chris Mullin) met with two representatives of the Somaliland authorities, Edna Adan Ismail and Mohammed Hashi Elmi, on 2 October. The British Government have provided support to the development of multi-party democracy in Somaliland and are considering how they might increase their development assistance in the light of Somaliland's democratic achievements. Our Ambassador in Addis Ababa visited Hargeisa last week and discussed possible areas of support with the Somaliland authorities.
Democratic Republic Of Congo
asked Her Majesty's Government:How many troops are now deployed in eastern Democratic Republic of Congo; and what further steps they consider should be taken by the United Nations Security Council to secure the peace of the region. [HL5296]
According to the latest available reports the UN Mission in the Democratic Republic of Congo (DRC) has 6,948 troops deployed in the provinces of North and South Kivu, Maniema province, and in the Ituri district of Orientale province.No information is available on the numbers of Congolese troops deployed in eastern DRC; nor is there any reliable information on the numbers of troops belonging to the former Forces Armées Rwandaises/Interahamwe, the Force pour la Défense de la Démocratic, or the Forces Nationales de Libération who are also present in eastern DRC.Security Council Resolution 1493 (2003) is a robust and comprehensive resolution, giving full Chapter VII powers to UN troops in the DRC for the first time. It should contribute greatly to peace and stability in the region. The UN Secretary-General's new Special Representative is in place to drive the peace process forward.
Saudi Arabia: British Citizens In Detention
asked Her Majesty's Government:Whether they will help alleged British victims of torture and arbitrary detention in Saudi Arabia to obtain exemplary compensation from the Saudi authorities. [HL5329]
We have always made clear our concerns about this case, including the men's treatment and conditions in detention. We are in touch with the men and their lawyers and are doing what we properly can to assist. If the men choose to pursue a claim for compensation it is a matter for them and their lawyers.
Middle East
asked Her Majesty's Government:Whether they will propose a United Nations Security Council Resolution condemning both the construction by Israel of a security wall and fence on Palestinian territory and bombings and other violence by Palestinians. [HL5332]
We have no plans to introduce a UN Security Council Resolution on these issues.We deplore the terrorist suicide bombings of Israeli civilians and recognise Israel's legitimate security concerns. At the same time, we consider Israel's construction of a fence on occupied land to be illegal. We have urged the Palestinian Authority to exert greater efforts to stop suicide bombings and have repeatedly urged the Government of Israel to reconsider the route of the fence. These concerns were addressed in a resolution of the UN General Assembly on 21 October.
Guantanamo Bay: Legal Status Of Detainees
asked Her Majesty's Government:Whether they will request the United States Government to bring the prisoners held at Guantanamo, Cuba, before a competent tribunal in order to determine their status, in accordance with Article 5 of the Geneva Convention. [HL5336]
The legal status under international law of the detainees at Guantanamo Bay is a complex matter that has to be considered in the light of the facts of each individual detainee.We believe that whatever their status, the detainees are entitled to humane treatment, and if prosecuted, a fair trial and have made this point clear in discussions with the United States. The United States has said that it will treat the detainees humanely and consistently with the principles of the Geneva conventions.
Fco Annual Report On Human Rights 2003
asked Her Majesty's Government:In respect of the Human Rights Annual Report 2003, published by the Foreign and Commonwealth Office, how many copies were produced; what was the cost of the publication; and what is the expected revenue from sales. [HL5347]
The Foreign and Commonwealth Office produced 6,000 copies of the Annual Report on Human Rights 2003. The cost of publication, excluding staff costs, was approximately £69,900. The report is distributed freely to Members of both Houses, as well as to foreign embassies, human rights-related non-governmental organisations, educational institutions and copyright libraries. Copies are also sent to all FCO overseas posts which pass them on to host governments. The report is free to download in both HTML and PDF format on the Foreign and Commonwealth Office website (www.fco.gov.uk). We do not expect any significant revenue from sale of the annual report.
Eritrea-Ethiopia Boundary Commission Ruling
asked Her Majesty's Government:Whether they consider the ruling of the Eritrea- Ethiopia Boundary Commission to be conclusive and binding on both parties; and, if so, what additional measures they will recommend to the United Nations Security Council to persuade Ethiopia to accept the ruling. [HL5380]
We consider the Boundary Commission decision to be legally binding on both parties. The UK, and other members of the UN Security Council, are working hard to encourage both sides to accept the Boundary Commission decision and to begin a political dialogue on all the issues separating the two countries.
Afghanistan: Police Training
asked Her Majesty's Government:What training they provide for the police forces in Afghanistan. [HL5404]
Two senior Afghan police officers funded by the Government attended the International Commanders Course at Bramshill (UK) in early 2002. The seven-strong US-led International Police Training Mission that has been providing both basic and specialised training in Kabul since June 2003 includes two UK police advisers. A further team of four UK police advisers deployed to Kabul in July to run a three-year, £6.7 million pound programme to establish crime scene investigation units for the Afghan National Police. They are supported by additional visiting UK trainers and consultants.
Ascension Island: Wideawake Airfield
asked Her Majesty's Government:What action they are taking to allow for the opening of Wideawake Airfield on Ascension Island to civilian charter traffic. [HL5491]
The "Wideawake" agreement between the United Kingdom and the United States Governments, which allows for the opening of Wideawake Airfield on Ascension Island to civilian charter traffic, was signed on 1 October.At present access to Ascension Island for civilians is by ship, or on RAF flights between Brize Norton and the Falkland Islands. The UK Government wish to improve access to Ascension Island, in order to provide an essential building block for its future economic development. The UK Government have therefore agreed with the US Government that the US "Wideawake" military airbase on Ascension Island may be used for a limited number of civilian charter flights every week.It will be for airlines to decide on commercial grounds whether to take the opportunity to fly to Ascension Island. The UK Government will work closely with the Ascension Island Government to encourage airlines to fly there. A prospectus will be issued in early 2004.The opening of the airfield is part of the modernisation process of Ascension Island. In 2002 a fiscal regime was introduced and the first-ever Island Council was formed. The Ascension Island Government are working to continue this process and are preparing a strategic plan providing a vision for the Island for the next five years.A copy of the Wideawake Agreement will be laid before Parliament as a Command Paper in due course.
Kosovo: Unscr 1244
asked Her Majesty's Government:What is their policy on the approach outlined, in Belgrade and Pristina, by the United States' Under-secretary of State for Political Affairs, Marc Grossman, for the further implementation of UNSCR 1244. [HL5492]
Over the past months it has become clear that the stability of Kosovo, and the Balkans is increasingly affected by a lack of a clear way forward on its final status within the terms of UNSCR 1244. The Contact Group has therefore designed a new approach.It is based on a review mechanism, conducted in consultation with UNMIK, the Contact Group and the PISG, to monitor Kosovo's; progress on implementation of the internationally endorsed standards set by the UN. There will be quarterly reviews with a first opportunity for a formal assessment of progress in mid-2005, or earlier if sufficient progress has been made. If the assessment is positive then the UN Security Council will consider whether a process should be initiated for a final settlement as laid down in UNSCR 1244. In the event of a negative assessment, more work would need to be done on the standards, and a date set for a further review. The Contact Group's intention is not to express a view on final status itself. This would be premature. The aim is to advance standards, assess how much progress has been made on those standards, and judge whether or not such progress could justify addressing final status as UNSCR 1244 requires.This approach was outlined on 4 and 5 November in Belgrade and Pristina by the United States' Under-secretary for Political Affairs, Marc Grossman, with the Special Representative of the UN Secretary-General (SRSG) for Kosovo Harri Holkeri and local Contact Group representatives. UNMIK has a key role in this strategy. SRSG Holkeri has our full support. EU High Representative Javier Solana has also welcomed this strategy.
Rough Sleepers: Westminster Cathedral Piazza
asked Her Majesty's Government:Whether the rough sleeping that occurs nightly in the Piazza in front of Westminster Cathedral is to be permitted indefinitely. [HL5541]
The Government do not set targets to reduce rough sleeping in specific areas such as the piazza in front of Westminster Cathedral. However, the Homelessness Directorate is working with Westminster City Council to tackle disruptive behaviour in the daytime and rough sleeping on the piazza.The number of people sleeping rough on the piazza fluctuates on a daily basis. Westminster acknowledges that rough sleeping around the piazza continues to be one of London's most visible and troublesome hotspots. Westminster has recently (October) recommissioned street outreach services via a new rapid intervention team with a view to tackling the problem. The aim is to help vulnerable people into appropriate services that will enable them to sustain accommodation, to divert others new to the area, and bring about real reductions in people using the piazza to bed down at night.
Planning: Obligations And Charges
asked Her Majesty's Government:Why, in order to speed up the property planning process, they will not replace the existing negotiated system with a tariff system. [HL5465]
The Government published a consultation document Contributing to sustainable communities: a new approach to planning obligations on Thursday 6 November proposing a two-fold approach to the reform of planning obligations: first, a new policy to improve negotiated planning obligations; and secondly, legislation to enable the Government to establish a new optional planning charge, as an alternative to negotiated planning obligations.The proposed optional planning charge would give developers the option to pay a charge, set in advance by the local authority, instead of entering into negotiations. It would offer developers the benefits of speed and certainty. Equally, developers would still have the option of negotiating, if they preferred to do so. So our proposals offer developers more flexibility and choice.
Homeless Households: Temporary Accommodation
asked Her Majesty's Government:When they will announce the outcome of their recent consultation on improving standards of temporary accommodation for homeless households. [HL5570]
My honourable friend the Member for Pontefract & Castleford has announced today that in the light of positive responses to the public consultation on the Government's proposals to improve standards of temporary accommodation for homeless households the Government intend to:make an order under Section 210 of the 1996 Housing Act to come into force on 1 April 2004 to end the long-term (defined as more than six weeks) use of bed-and-breakfast (B&B) accommodation as temporary accommodation for homeless families with children or where a member of the household is pregnant;issue statutory guidance to bring together and restate existing minimum standards for all temporary accommodation used by housing authorities to accommodate homeless families and individuals under the legislation;issue statutory guidance on additional standards that should apply to B&B accommodation where this is used by housing authorities to accommodate homeless families and individuals under the legislation; andissue statutory guidance on the arrangements that should be put in place to ensure that all households placed in temporary accommodation by housing authorities under the legislation receive support to ensure that their health, education and welfare needs are met.A summary of responses to the consultation will be made available on the Office of the Deputy Prime Minister's website—
www.odpm.gov.uk.
Overseas Students
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:
Special arrangements are in place for students under the Student Batch Scheme. The Student Batch Scheme was conceived in 2000 in consultation with United Kingdom COSA to provide a service that chimed with the Prime Minister's initiative to attract overseas students to the UK. Under the terms of the scheme, universities and colleges of further and higher education can send applications in batches, and students benefit from personal contact with the international student advisers who submit the batches.To date this autumn the vast majority of Student Batch Scheme applications have been completed within three weeks of receipt. To cope with the very large number now coming in, extra casework teams have been devoted to these applications.We will be reviewing the fee annually and as such consideration will be given to improving the way the charging system is operated and the feasibility of differential charges. We will consult with the education sector on those areas where we have flexibility.We do not believe the charge will act as a disincentive when set against the other costs which students incur.We recognise the contribution overseas students make to the UK but do not accept that the general taxpayer should subsidise their applications. The benefits are, after all, reciprocal.
Asylum Reform
asked Her Majesty's Government:Why they have asked for responses by 17 November 2003 to the proposals for changes to the law on asylum, in the document
New legislative proposals on asylum reform, issued on 27 October, when the Cabinet Office code of practice on written consultation, issued in November 2000, says (Criterion 5, page 16) that a minimum of 12 weeks should be allowed except in cases where there are "circumstances which unavoidably require a consultation period less than 12 weeks"; and why the document does not state "Ministers' reasons for departing from the code; and what special measures … have been taken to ensure that consultation is nevertheless as effective as possible", as further required by the code. [HL5295]
As my right honourable friend the Home Secretary first announced on 22 May this year, the Government are intending to introduce further legislative measures to address the specific problems of abusive appeals and undocumented applicants in the asylum system which continue to undermine the credibility of the system. As stated in the letter we sent to stakeholders, we consider that these are urgent measures and are therefore seeking to introduce them as soon as parliamentary time allows. While we are seeking the views of key stakeholders on the new provisions we believe that further reform is needed quickly if we are to capitalise on the success of our measures to date. Further dialogue is taking place with stakeholders on specific measures and a copy of the letter to stakeholders has been placed on the website of the Immigration and Nationality Directorate so that it is available to the public.
Anti-Social Behaviour Orders
asked Her Majesty's Government:How many anti-social behaviour orders have been issued against young people in rural areas (as defined by the Office of the Deputy Prime Minister); and [HL5351]How many anti-social behaviour orders have been issued against young people in rural areas (as defined by the Office of the Deputy Prime Minister) as a proportion of the total number of orders issued; and [HL5352]How many anti-social behaviour orders have been issued against young people in rural areas (as defined by the Office of the Deputy Prime Minister) have been breached. [HL5353]
The table gives information on the number of notifications received by the Home Office of anti-social behaviour orders (ASBOs) granted within England and Wales, by rural local authority area (as defined by the Countryside Agency) and by age group, from 1 July 2002 to 30 June 2003 (latest available). This information is reported by the Magistrates' Court Committees (MCCs) and the Crown Court and from copies of the orders received we have been able to identify the local authority areas involved. The Office of the Deputy Prime Minister (ODPM) does not have a definitive list of individual rural areas.Statistics on breaches of ASBOs are not collected centrally at this level of detail.
| The number of ASBOs, as notified to the Home Office by Magistrates' Courts Committees and the Crown Court, by rural local authority area (as defined by the Countryside Agency) and age group, England and Wales, 1 July 2002 to 30 June 2003 | |||
| Total issued | Age 10–17 | ||
| Rural local authority area | (100%) | Total | % |
| AVON & SOMERSET | 5 | 3 | 60 |
| County of Avon | |||
| South Somerset DC | 5 | 3 | 60 |
| CAMBRIDGESHIRE | 2 | 2 | 100 |
| Huntingdonshire DC | 2 | 2 | 100 |
The number of ASBOs, as notified to the Home Office by Magistrates' Courts Committees and the Crown Court, by rural local authority area (as defined by the Countryside Agency) and age group, England and Wales, 1 July 2002 to 30 June 2003
| |||
Total issued
| Age 10–17
| ||
Rural local authority area
| (100%) | Total
| %
|
| CHESHIRE | 13 | 2 | 15 |
| Chester DC | 11 | 2 | 18 |
| Congleton BC | 1 | 0 | 0 |
| Crewe & Nantwich BC | 1 | 0 | 0 |
| CUMBRIA | 8 | 2 | 25 |
| Allerdale BC | 2 | 0 | 0 |
| Copeland BC | 5 | 2 | 40 |
| South Lakeland DC | 1 | 0 | 0 |
| DEVON & CORNWALL | 2 | 0 | 0 |
County of Cornwall
| |||
| Carrick DC | 1 | 0 | 0 |
County of Devon
| |||
| North Devon DC | 1 | 0 | 0 |
| DORSET | 1 | 1 | 100 |
| Purbeck DC | 1 | 1 | 100 |
| DURHAM | 2 | 1 | 50 |
| Wear Valley DC | 2 | 1 | 50 |
| HAMPSHIRE & ISLE OF WIGHT | 1 | 1 | 100 |
| Isle of Wight Council | 1 | 1 | 100 |
| KENT | 5 | 4 | 80 |
| Canterbury CC | 3 | 3 | 100 |
| Sevenoaks DC | 2 | 1 | 50 |
| LANCASHIRE | 3 | 3 | 100 |
| Pendle BC | 3 | 3 | 100 |
| LINCOLNSHIRE | 3 | 1 | 33 |
| East Lindsey DC | 1 | 0 | 0 |
| South Kesteven DC | 2 | 1 | 50 |
| NORTHAMPTONSHIRE | 1 | 0 | 0 |
| Northampton CC | 1 | 0 | 0 |
| NORTH YORKSHIRE | 1 | 1 | 100 |
| Harrowgate BC | 1 | 1 | 100 |
| SUFFOLK | 9 | 3 | 33 |
| Suffolk CC | 2 | 1 | 50 |
| Waveney DC | 7 | 2 | 29 |
| SUSSEX | 6 | 4 | 67 |
County of East Sussex
| |||
| Rother DC | 3 | 2 | 67 |
| Wealden DC | 1 | 1 | 100 |
County of West Sussex
| |||
| Chichester DC | 1 | 0 | 0 |
| Crawley BC | 1 | 1 | 100 |
| THAMES VALLEY | 4 | 2 | 50 |
County of Buckinghamshire
| |||
| Aylesbury Vale DC | 3 | 1 | 33 |
County of Oxfordshire
| |||
| Cherwell DC | 1 | 1 | 100 |
| WARWICKSHIRE | 1 | 0 | 0 |
| Stratford upon Avon DC | 1 | 0 | 0 |
| WESTMERCIA | 9 | 2 | 22 |
County of Herefordshire
| |||
| Herefordshire Council | 4 | 1 | 25 |
County of Shropshire
| |||
| Bridgnorth | 1 | 0 | 0 |
| North Shropshire DC | 2 | 0 | 0 |
| South Shropshire DC | 1 | 1 | 100 |
County of Worcestershire
| |||
| Malvern Hills DC | 1 | 0 | 0 |
| ENGLAND | 76 | 32 | 42 |
The number of ASBOs, as notified to the Home Office by Magistrates' Courts Committees and the Crown Court, by rural local authority area (as defined by the Countryside Agency) and age group, England and Wales, 1 July 2002 to 30 June 2003
| |||
Total issued
| Age 10–17
| ||
Rural local authority area
| (100%) | Total
| %
|
| DYFED-POWYS | 2 | 0 | 0 |
| Carmarthenshire CC | 1 | 0 | 0 |
| Ceredigion CC | 1 | 0 | 0 |
| NORTH WALES | 4 | 3 | 75 |
| Conwy County BC | 3 | 2 | 67 |
| Gwynedd County BC | 1 | 1 | 100 |
| WALES | 82 | 35 | 43 |
| ENGLAND AND WALES | 158 | 67 | 42 |
Halloween
asked Her Majesty's Government:Whether any monitoring has been done, or is under consideration, of acts of vandalism and damage to property by groups involved in door-to-door visits at Halloween. [HL5374]
There is no specific monitoring of acts in these circumstances centrally and there are no plans for this.
Asylum Seekers: Detention
asked Her Majesty's Government:What improvements have been made since January 2000 to the regulations requiring written reasons for the detention of asylum seekers at the time of first admission and of each bail hearing. [HL5405]
There have been no changes in the statutory requirements relating to the provision of reasons for detention under Immigration Act powers. Under Rule 9(1) of the Detention Centre Rules 2001 every detained person must be provided with written reasons for his detention at the time of his initial detention, and thereafter monthly.
Failed Asylum Seekers: Support
asked Her Majesty's Government:How many emergency orders for interim payments of benefits to destitute asylum seekers have been made by the courts since the entry into force of the Immigration, Nationality and Asylum Act 2002; and whether, following the observations made by Sir Stephen Sedley in his Legal Group annual lecture, they will seek to amend the 2002 Act so that it conforms with the European Convention on Human Rights. [HL5415]
The published figures relating to the operation of the Nationality, Immigration & Asylum Act 2002 are given in the Asylum Statistics.Section 55 of the Nationality, Immigration & Asylum Act 2002 is not incompatible with the European Convention on Human Rights, so no amendment is necessary. The convention does not require state support to be given automatically to all asylum seekers who have failed to make their asylum claims when required to do so.
Work Permits
asked Her Majesty's Government:How many work permits were issued in the United Kingdom in the last year for which figures are available; and what were the main countries of origin of the people who secured the permits. [HL5423]
A total of 136,151 work permits, including extensions to existing work permits, in 2002 were issued. The top 10 nationalities for which work permits were issued are given below:
| Nationality | Number of Work Permits Issued |
| 1. India | 31,820 |
| 2. United States of America | 23,018 |
| 3. South Africa | 13,714 |
| 4. Philippines | 12,778 |
| 5. Australia | 8,490 |
| 6. Pakistan | 4,006 |
| 7. China Peoples Republic | 4,587 |
| 8. Zimbabwe | 4,024 |
| 9. Japan | 4,104 |
| 10 Canada | 3,780 |
Immigration Policy: Ecj Ruling In Akrich Case
asked Her Majesty's Government:Further to the Written Answer by the Baroness Scotland of Asthal on 16 October
(WA 135), whether the United Kingdom remains sovereign in respect of its immigration policy. [HL5430]
The United Kingdom's sovereignty over its immigration policy remains unchanged following the European Court of Justice (ECJ) case of Akrich.Following the European Court of Justice case of Surinder Singh, which was delivered in 1992, the non-EEA family member of a British national, who has worked in another member state, may claim a right to enter and remain in the UK under EC law instead of the UK's Immigration Rules. In the European Court of Justice case of Akrich, the court was asked to determine whether a member state could refuse to apply the Surinder Singh judgment to a British citizen who had deliberately moved to another member state with the express intention of creating an initial right of residence in the UK for their third country national spouse.The European Court of Justice ruling in the case of Akrich supports the UK's view that third country nationals who are illegally in the UK, and marry British citizens, should not be able to use EC law to remain here. It will allow the UK to continue to be able to apply its national immigration legislation in such cases.
People Trafficking
asked Her Majesty's Government:What steps are being taken both to combat trafficking in human beings and to protect the victims of trafficking; and how such measures will be strengthened following the agreement in the European Union Council of Justice and Home Affairs Ministers on 6 November on a Directive providing temporary residence permits for victims to co-operate with prosecutions and receive assistance. [HL5485]
The Government are committed to ensuring that stronger measures are in place to penalise people who traffic in human beings. The Nationality, Immigration and Asylum Act 2002 introduced a new offence of trafficking for the purpose of controlling prostitution with a maximum penalty of 14 years. This offence came into force 10 February 2003. More comprehensive offences covering trafficking for the purposes of sexual exploitation are included in the new Sexual Offences. Bill, and an offence covering trafficking for labour exploitation will be introduced when parliamentary time permits.We are working to support the victims of human trafficking. A pilot scheme for adult victims of trafficking for sexual exploitation was launched in March this year. The scheme is being delivered in conjunction with Eaves Housing, and provides victims with an allocated support worker, access to short-term housing, counselling and health, translation and legal services. In addition, Project Reflex, set up in May 2000, brings together the key agencies to tackle organised immigration crime, including people trafficking. An example of the success of this initiative is Project Reflex Romania, which has identified 105 criminal organisations and arrested 67 persons, of whom 20 have faced charges.While we are committed to combating the trafficking of human beings, we feel that the proposed European directive on the short-term residence permits for the victims of trafficking will be abused. This in turn would have a detrimental effect on the resources available to investigate and prosecute those who are involved in this abhorrent trade. It would also undermine our efforts to remove those that have entered illegally, and have no legitimate right to remain. It is for these reasons we did not opt in to this directive.
Notwithstanding the decision not to opt in to this directive, every effort has been made to shape the progress of the directive to overcome our concerns. It is of course still open to the United Kingdom to opt in once the directive is implemented, and we intend to review our decision fully at that point. The directive is still subject to French and Dutch scrutiny reservations, and will need to be referred back to the European Parliament before implementation.
Public Schools: Charitable Status
asked Her Majesty's Government:What is the extent of the charitable commitments required for continued charitable status for public schools. [HL5513]
To qualify for charitable status an organisation must be for the public benefit. The Government intend that the Charities Bill we are preparing should make this explicit. Charging fees for services or facilities does not by itself bring a charity's public benefit into doubt. In most cases fees do not in practice restrict people's access to those services or facilities. But if a charity's services are only accessible to people able to afford high fees, its public benefit may come into question. The Strategy Unit's recent review of charity law recommended that the Charity Commission, as regulator, should look into charities charging high fees—including, but not limited to, charitable independent schools—to ensure that they meet the public benefit requirement. The Government have endorsed this recommendation.
Immigration Detainees: Language Support
asked Her Majesty's Government:Following publication of the Harmondsworth report
(An Inspection of Harmondsworth Immigration Removal Centre 16–18 September 2002), what measures have been taken to ensure that detainees have access to competent legal advice in a language they can understand. [HL5520]
Every detainee is provided with information at the time of detention and within individual removal centres on how to contact the Immigration Advisory Service and the Refugee Legal Centre for free advice and assistance. This information is explained to the detainee, using an interpreter if necessary. In addition, information on local solicitors and other bodies providing advice and representation is made available to all detainees at individual removal centres. Separately, the Legal Services Commission is considering the letting of contracts to solicitors in areas in which removal centres are located. Clearly, it is a matter for those providing legal advice in any particular case to ensure that the advice is understood by the detainee.
Immigration Detainees: Children
asked Her Majesty's Government:Following publication of the Harmondsworth report
(An Inspection of Harmondsworth Immigration Removal Centre 16–18 September 2002), whether they have plans to review the detention of children in removal centres for longer than seven days. [HL5521]
The detention of families with children is very regrettable but it is sometimes necessary as part of maintaining an effective immigration control and in removing from the United Kingdom those who have no lawful basis to stay. It does not happen in the vast majority of cases and, where it does prove necessary, it is kept to the minimum period possible, often for only a few hours or days prior to removal. It would not, however, be appropriate to set an arbitrary time limit on such detention. To do so would take no account of the circumstances of individual families and would serve only to encourage those concerned to frustrate immigration and asylum processes in the hope of reaching a point where they would be released.
Racial Discrimination: Political Parties
asked Her Majesty's Government:Whether it is lawful for a political party which discriminates on racial or ethnic grounds to register under the Political Parties, Elections and Referendums Act 2000; and, if so, whether they consider that the law should be changed. [HL5302]
While it is not unlawful for such a political party to register under the Political Parties, Elections and Referendums Act 2000, it is unlawful to discriminate on racial grounds. The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, makes it unlawful to discriminate against anyone on grounds of race, colour, nationality (including citizenship), or ethnic or national origin. The Crime and Disorder Act 1998 created nine new racially aggravated offences which carry significantly higher penalties. It is also a criminal offence under the Public Order Act 1986 to use threatening, abusive or insulting language or behaviour in order to stir up racial hatred, including distributing racist leaflets. I would hope that the law was powerfully enforced against any organisation that behaved in these ways.
Gulf War 1990–91: Vaccines
asked Her Majesty's Government:Whether those commissioned and funded by them to undertake research in relation to Gulf War illnesses had already been, or are now being, informed of the disclosures that were made to Parliament in the Written Answer by the Lord Bach
on 9 October
(WA 67) regarding the multiple immunisation programme adopted by the Ministry of Defence for troops deployed to the Gulf in 1990–91; and [HL5112]
Whether the research staff involved in the current study at Porton Down into the safety or otherwise of the multiple immunisation programme adopted by the Ministry of Defence for troops deployed in the 1990–91 Gulf War had already been, or are now being, informed of the disclosures made in the Written Answer by the Lord Bach on 9 October (WA 67) on vaccines used during the conflict, and, if so, on what date they were informed. [HL5147]
Researchers who have undertaken or are undertaking work on Gulf veterans' illnesses issues funded by the Ministry of Defence and commissioned through the independent Medical Research Council are responsible for ensuring that they are aware of all the information relevant to their work. Information about the medical countermeasures taken to protect personnel during the 1990–91 Gulf conflict has been in the public domain for many years and readily available on the Ministry of Defence's website. This includes my letter of 9 October. In addition, researchers at the Defence Science and Technology Laboratory, Porton Down, who are undertaking work to establish whether combinations of vaccines administered with and without pyridostigmine bromide give rise to adverse health effects were given information about the medical countermeasures taken in 1990–91 in November 1997.
War Widows
asked Her Majesty's Government:Further to the Answer by the Lord Bach on 27 October (
Official Report, cols. 1–4), what proportion of war widows whose husbands died before the advent of the Armed Forces Pension Scheme are in receipt of their own state retirement pension; and, for those widows not in receipt of their own state retirement pension, what is the maximum pension they can receive. [HL5270]
The information requested on the proportion of war widows whose husbands died before the advent of the Armed Forces Pensions Scheme who are in receipt of their own state retirement pension is not available. It could be obtained only at disproportionate cost, involving the clerical examination of over 40,000 individual war widows' files to identify where the husband died before 31 March 1973 and then by seeking information on payment of retirement pension in each case.With regard to the amount of pension payable, a war widow who is aged 70 or over and whose late husband left service before the advent of the Armed Forces Pension Scheme on 31 March 1973 receives a tax-free war widow's pension of £175.37 a week. At age 80, this increases to £185.37 a week. If she is entitled to a state retirement pension based on her own national insurance contributions, this is payable on top of the war widow's pension. A pension and lump sum was also payable under Armed Forces occupational scheme arrangements provided that certain qualifying criteria were met. A minimum period of service by the spouse of 12 years (other rank) or 10 years (officer) was required for eligibility for a widow's pension though a gratuity was payable below this. The value of the payment depended on a number of factors, notably rank.
asked Her Majesty's Government:What benefits are payable to war widows aged 70 or over who are:
A war widow aged 70 whose husband's military service ceased before 31 March 1973 receives a tax-free war widow's pension of over £175 per week, rising to over £185 per week at age 80. A pension and lump sum may also be payable under Armed Forces occupational scheme arrangements provided that certain qualifying criteria were met Notably, a minimum period of service by the husband of 12 years (other rank) or 10 years (officer) was required for eligibility for a widow's pension, though a gratuity was payable below this. The value of the payment depended on a number of factors, notably rank.A war widow whose husband's service ceased after 31 March 1973 can receive a tax-free war widow's pension of almost £115 per week, rising to almost £ 125 per week at age 80, and an attributable pension under the Armed Forces Pension Scheme (AFPS). The qualifying criteria and levels of pension paid under the AFPS were generally significantly more generous than the pre-1973 occupational provisions.In addition, widows in both groups are eligible for the full range of social security benefits, subject to the normal rules on entitlement and abatement. These fall into three main categories. Benefits may: be paid on top of the war widow's and occupational pensions (for example, state retirement pension based on the widow's own national insurance contributions, attendance allowance and winter fuel payment); or be reduced by the amount of the war widow's pension (for example, widow's retirement pension based on the late husband's contributions; carer's allowance); or take the war widow's and occupational pensions into account as income, with disregards for the war pension (for example, with respect to pension credit; housing and council tax benefits). The first £10 of a war widow's pension is disregarded as well as all of the supplementary pension (£60.97) paid to a pre-1973 widow. In the case of housing benefit and council tax benefit, local authorities have the discretion to apply a further disregard up to the full amount of any war pension in payment.
Armed Forces: Review Of Pension And Compensation Arrangements
asked Her Majesty's Government:Whether the Ministry of Defence has now taken a decision to replace the current burden of proof ("reasonable doubt") with "the balance of probability" in the pension and compensation scheme to be introduced in April 2005; and, if so, whether they accept the Royal British Legion's estimate that this could eliminate up to 60 per cent of claimants for both war pension and war widows' awards. [HL5350]
I refer my noble friend to my Written Answer of 16 September, (Official Report, cols. WA 166–167) announcing new Armed Forces pension and compensation arrangements. The "balance of probability" standard of proof will be used in the new Armed Forces compensation scheme (AFCS). This standard of proof is used widely elsewhere in occupational schemes and by the civil courts. The new scheme has been designed to ensure fair, evidence-based decision-making, with the standard of proof as only one factor affecting consideration of claims. Modern systems for keeping service and medical records provide a high level of confidence that reliable evidence will be available of how an injury or illness may have arisen. Equally, the causes and likely prognosis of ill-health and injury are now much better understood than when the current standard of proof was introduced in the war pensions scheme in 1943. Any individual who is unhappy with the outcome of a claim will have right of appeal to a fully independent tribunal. We are aware of no basis for the Royal British Legion's estimate of claim elimination rates and I can confirm that we expect no reduction in the costs of the scheme as a result of the changes in design. We are confident that the new scheme will be successful in ensuring compensation in all cases where there is reasonable evidence that a condition was linked to service, as well as providing a better focus on the more severely disabled.
London Student Pledge
asked Her Majesty's Government:What is the cost of the London student pledge; and from what source the money will be found to fund the project. [HL5375]
The London student pledge builds on activities that are happening now across London through schools, youth organisations, the voluntary sector, local communities and in families. The activities are variously funded, but London Challenge is putting in some additional resources, generally matched funding with business or charities, to help build capacity in London so that all young people get the chances that some get already. £500,000 has been committed to date from London Challenge funds.
asked Her Majesty's Government:What, in practical terms, the London student pledge means for each London student. [HL5376]
The London student pledge creates an expectation that every young person in London will, by the age of 16, have the opportunity to benefit from the common wealth of London—its arts and sports facilities, universities, business and enterprise. Its 10 points provide a focus for the activities of a range of London organisations in offering opportunities to London's young people.
asked Her Majesty's Government:How many pupils will benefit from the London student pledge. [HL5377]
Through the student pledge, London organisations will be offering opportunities to all young people over the course of their secondary education.
asked Her Majesty's Government:What is the geographical boundary within which the London student pledge will apply. [HL5378]
The London student pledge relates to the Greater London area.
Pension Protection Fund
asked Her Majesty's Government:What independent professional advice they are taking, or intend to take, about the impact on pension fund investment strategy of different possible contribution calculations for the Pension Protection Fund, and whether any such advice will be published in full. [HL5362]
DWP officials are working closely with a wide range of external organisations and key pensions stakeholders, both here and abroad, on issues relating to the Pension Protection Fund. This work is ongoing. We will continue to seek the views of external experts to help us achieve the successful implementation of the Pension Protection Fund. Most of the input we have received so far has been at informal meetings between officials and external stakeholders and we are therefore not in a position to publish it.
State Pension
asked Her Majesty's Government:What is the estimated net additional cost to the Exchequer, in each year from 2006 to 2015, of increasing the basic state pension in 2006 by:
The information requested is in the following table:
| Year | The estimated net additional cost in each year from 2006–07 to 2015–16, of increasing the basic state pension in 2006 by £10 a week for single people aged 75–79 inclusive with corresponding increases for couples with the basic state pension then uprated by average earnings for those years (£ billion) | The estimated net additional cost in each year from 2006–07 to 2015–16, of increasing the basic state pension in 2006 by £15 a week for single people aged 80 and over with corresponding increases for couples with the basic slate pension then uprated by average earnings for those years (£ billion) |
| 2006–07 | 0.5 | 1.1 |
| 2007–08 | 0.7 | 1.3 |
| 2008–09 | 0.8 | 1.5 |
| 2009–10 | 1.0 | 1.8 |
| 2010–11 | 1.1 | 2.1 |
| 2011–12 | 1.3 | 2.3 |
| 2012–13 | 1.5 | 2.6 |
| 2013–14 | 1.8 | 3.0 |
| 2014–15 | 2.0 | 3.3 |
| 2015–16 | 2.3 | 3.7 |
Notes:
1. All costs are rounded to the nearest £100 million and are in 2003–04 price terms.
2. Gross costs are calculated by the Government Actuary's Department and are consistent with Budget 2003 assumptions.
3. The net costs are calculated using the DWP policy simulation model for 2005–06. The net cost represents the cost after allowing for any offsetting savings in income-related benefits only.
Housing Benefit
asked Her Majesty's Government:What has been the cost of housing benefit paid to tenants of (a) housing associations; (b) local authorities; and (c) private landlords, in each of the past three years. [HL5484]
The available information is in the table.
| Housing Benefit Expenditure by tenure | |||
| £ millions | |||
| Tenure | 2000–01 | 2001–02 | 2002–03 |
| Rent Rebate (local authority tenants) | 5,259 | 5,283 | 5,216 |
| Rent Allowance (housing associations) | 3,018 | 3,450 | 4,016 |
Housing Benefit Expenditure by tenure
| |||
£ millions
| |||
Tenure
| 2000–01
| 2001–02
| 2002–03
|
| Rent Allowance (remainder of private rental sector) | 2,889 | 2,859 | 2,986 |
| Total | 11,166 | 11,591 | 12,218 |
Source: Subsidy returns from the Office of the Deputy Prime Minister, the Welsh Assembly and the Scottish Executive.
Notes:
1. Figures for 2000–01 and 2001–02 are final audited expenditure figures provided by local authorities.
2. The 2002–03 figures are an estimated outturn, consistent with Budget 2003 forecasts.
3. Figures may not sum due to rounding.
Tax Credits
asked Her Majesty's Government:Why, after the tax credit scheme was launched in April, more than 200,000 applicants are still waiting for their money. [HL4850]
As the Paymaster General said at the Treasury Committee hearing in the House of Commons on 2 July, there were 220,000 claims being worked on at the end of June, over 98 per cent of which have now either been resolved, or the Inland Revenue is awaiting further information from the claimants involved.Currently there are around 20,000 claims being worked on by Inland Revenue, half of which have been received in the past four weeks.
Fsa: Market Misconduct And Enforcement Action
asked Her Majesty's Government:When the Financial Services Authority will announce the results of the first enforcement actions covering stock market abuse. [HL5298]
The chief executive of the Financial Services Authority has said that there are several cases of market misconduct reaching their final stages. The timing of an announcement of enforcement action depends on completion of the proper procedures for taking action against a person under Part VIII of the Financial Services and Markets Act.
Business Banking Code
asked Her Majesty's Government:Whether the new banking regulations, designed to protect small businesses, will be incorporated into the voluntary banking code and adopted by banks. [HL5348]
The Business Banking Code sets standards of good banking practice for banks and building societies for their services to small businesses with a turnover of up to £1 million a year. The Banking Code Standards Board is responsible for the development, production and continuing revision of both the Business Banking Code and the Banking Code, which relates to personal banking. The codes are reviewed every two years.The Competition Commission reported on banking services to small and medium-sized enterprises (SMEs) in March 2002. It made a number of adverse findings and the Office of Fair Trading has subsequently agreed a series of legally binding undertakings with the main clearing banks to remedy the problems identified. Barclays, HSBC, Lloyds TSB and Royal Bank of Scotland Group have agreed to either pay interest on SME current accounts (at least Bank of England base rate less 2.5 per cent) or provide free money transmission services. The main eight clearing groups have also signed behavioural undertakings to cover a range of issues, including measures to increase transparency of bank charges; and, most recently they have agreed measures that will make it easier for SMEs to switch bank accounts.The commission also recommended a series of informal remedies. These did not arise from adverse findings and so cannot be enforced under the Fair Trading Act. They cover issues such as the provision of services at agreed cost and compensation for errors. The British Bankers Association has agreed that amendments should be made to the code to cover most of these areas.
Licensing Act 2003: National Guidance
asked Her Majesty's Government:Why there has been a delay in bringing forward the national guidance to the Licensing Act 2003; and [HL5416]What impact the delay in laying before the House of Lords the national guidance to the Licensing Act 2003 will have on the timetable for implementation of the Act. [HL5417]
There has been no delay. We are carefully considering the views of a wide range of stakeholders on a draft of the proposed guidance as we undertook to do and will shortly be presenting the guidance to both Houses for approval. As there has been no delay there will be no resultant impact on the timetable for implementation of the Licensing Act 2003.The start of the transitional period, during which existing licence holders may apply to convert their licences into premises licences and club premises certificates, is expected to be approximately six months after the date on which Parliament approves the guidance. During this period of six months, licensing authorities will prepare and publish their statements of licensing policy. The transitional period is expected to last for nine months and, as a result, the Licensing Act is expected to be fully implemented by early 2005.
asked Her Majesty's Government:Whether they intend to clarify in the national guidance to the Licensing Act 2003 that the new law does not change the liability of the licensee (that is, the designated premises supervisor) for any problems that may arise at their licensed premises in their absence. [HL5421]
The role of the designated premises supervisor under the Licensing Act 2003 is different from that of the licensee under the Licensing Act 1964. The 2003 Act introduced the roles of the designated premises supervisor and personal licence holder, in addition to the holder of the premises licence, for those premises authorised by a premises licence to supply alcohol. The 2003 Act sets out the duties, responsibilities and liabilities of such persons and their roles will be described in the guidance issued to licensing authorities. The guidance will not, however, alter the liabilities of the various roles as set out in the 2003 Act.The term "designated premises supervisor" as used in the Licensing Act 2003, does not equate or seek to replicate the term "licensee" as commonly understood when discussing the Licensing Act 1964.
Liquor Licences: Brewster Sessions 2004
asked Her Majesty's Government:Why they are proceeding with the renewal of liquor licences at the Brewster's Sessions, in February 2004, when such licences will have only a short duration and are soon to be replaced with new style licences under the Licensing Act 2003; and [HL5419]Further to their estimate that the cost to the licensed trade of the renewals licence at the Brewster's Sessions in February 2004 will be £11 million, why they are imposing this cost on the industry when these licences will be replaced in 2005 by new licences under the Licensing Act 2003. [HL5420]
Under the Licensing Act 1964 the triennial sessions, the Brewster Sessions, are required to be held to renew existing liquor licences. This is not therefore a new burden being imposed by the Government. We will not abolish the Brewster Sessions until the Licensing Act 2003 is fully implemented. This is because liquor licences will remain in effect until the second appointed day, at the end of the transitional period, which is likely to be at least one year after the Brewster Sessions held in February 2004.If we had agreed to abolish the Brewster Sessions in February 2004 and make provision for liquor licences to be automatically extended until the end of the transitional period, this would have resulted in a small number of premises causing serious problems to the community being permitted to continue trading for at least a year longer than necessary.Brewster Sessions, more generally, also provide an important forum for people to make objections and oppose applications for renewal and are used to make orders cancelling licences which are currently suspended. The Government agreed to provide grandfather rights for holders of liquor licences on the basis that it accepted the industry's argument that all the holders of existing alcohol licences would have been judged to be "fit and proper" by the licensing justices under the existing regime. Such judgments are subject to regular review at the Brewster Sessions. Under the "grandfather rights" established in the 2003 Act interested parties and responsible authorities (with the exception of the police) are not entitled to object to the grant of a premises licence when applications are made to convert existing licences with the result that it is important that the opportunity to object at the review at the Brewster Session in 2004 is retained.
Reports On The Observance Of Standards And Codes
asked Her Majesty's Government:What discussions have taken place between officials of HM Treasury and the International Bank for Reconstruction and Development in relation to a possible report on the Observance of Standards and Codes in the United Kingdom; if such a report is produced, what would be the estimated cost; and who would meet the cost. [HL5462]
Reports on the Observance of Standards and Codes (ROCSs) summarise countries' observance of internationally recognised standards and are prepared and published at the request of the member country. IMF and World Bank staff collaborate on the ROSC programme. ROSCs are currently resourced from the IMF and World Bank administrative budgets. The UK's financial contribution to the IMF is detailed in Annex II of Stability Growth and Poverty Reduction—the UK and the IMF 2002.
Nhs Trusts: Private Patients
asked Her Majesty's Government:How they ensure that the charges made by National Health Service trusts for services offered to private patients cover the full costs of those services; and [HL5066]
How they define cross-subsidy for the purpose of ensuring that charges for services offered to private patients are not cross-subsidised by National Health Service resources. [HL5068]
Paragraph 14 of Schedule 2 to the NHS and Community Care Act 1990 sets out the responsibility for National Health Service trusts to determine their own charges as follows:
"According to its functions, an NHS trust may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the trust may determine."
asked Her Majesty's Government:Whether National Health Service trusts are required to keep any records showing the financial result of the services offered to private patients; and, if so, what form those records take. [HL5067]
National Health Service trusts are required to include their income from private patients in their audited accounts and the amount of bad debt written off for private patients. The Department of Health has not, for some years, required NHS trusts to submit trading accounts for their private patient services.
Nhs Foundation Trusts: Reimbursement
asked Her Majesty's Government:What refinements are planned to the health resource group system of evaluating the costs of surgical and other procedures to ensure that those National Health Service foundation trusts with a high proportion of more complex cases can be reimbursed on a fair basis. [HL5280]
Health resource groups (HRGs) will be periodically revised to reflect changes in clinical practice and to make them more resource-homogeneous. A proportion of very specialised services will continue to be commissioned outside of payment by results, either by regional or national specialised services commissioning consortia. First-wave National Health Service foundation trusts can choose to have their baseline income guaranteed from 2004–05 to the end of the tariff transition period in 2007–08. In the mean time, in developing the tariff we are considering a policy of outlier payments for complex patients within HRGs.
asked Her Majesty's Government:Whether they believe that the long-term contracts to be entered into by National Health Service foundation trusts are capable of providing an adequate level of reimbursement to those trusts which have a higher than average proportion of complex treatments and procedures. [HL5281]
The contracts for National Health Service foundation trusts will be based on the national tariff, which aims to reflect the higher costs associated with a more complex case mix and should therefore be capable of providing an adequate level of reimbursement to those trusts. However, first-wave NHS foundation trusts can choose to have their baseline income guaranteed from 2004–05 to the end of the tariff transition period in 2007–08. In the mean time, in developing the tariff we are considering a policy of outlier payments for complex patients with health resource groups.
Honey
asked Her Majesty's Government:Why the Honey (England) Regulations (S.I. 2003/ 2243) state that filtered honey or baker's honey may not be sold if it is marked with "information relating to floral or vegetable origin, regional, territorial or topographical origin or specific quality criteria". [HL5457]
The Honey (England) Regulations 2003 (S.I. 2003/2243) transpose Council Directive 2001/110/EC on the labelling and specification of honey. The directive prohibits filtered and baker's honey from including supplementary information referring to its floral or vegetable origin, regional, territorial or topological origin or specific quality criteria. "Filtered" honey consists of a blend of different honeys, which is subjected to a fine filtration process removing virtually all the characterising pollen needed to authenticate such claims. Baker's honey is not sold directly to consumers. It is used primarily in processed foods containing honey as an ingredient. There were no objections to this provision in consultations during negotiation of the directive and transposition.
Nuclear Waste: Disposal
asked Her Majesty's Government:Whether they agree with the recommendation of the House of Lords Select Committee on Science and Technology report
Managing of Nuclear Waste (HL Paper 41, Section 1998–99) that phased disposal in a deep repository is the most feasible option for disposing of nuclear waste; and [HL5444]
Whether they have engaged any outside consultants regarding possible options for the disposal of nuclear wastes; and what ongoing consultations they are conducting with regard to the long-term storage of nuclear waste. [HL5445]
Under the "Managing Radioactive Waste Safely" programme, the UK Government and devolved administrations have asked the new independent Committee on Radioactive Waste Management (CoRWM) to oversee a review of the options for the long-term management of the UK's higher activity radioactive wastes. This review will involve an extensive programme of public and stakeholder engagement. The kinds of management options to be considered were discussed in Appendix 1 of the original Managing Radioactive Waste Safely consultation document published in September 2001, and include various forms of disposal and long-term storage. As part of its programme, CoRWM will evaluate all the options for long-term management against a set of common criteria that take into account public and stakeholder group views so as to recommend the best future policy. The committee has been asked to aim to provide its recommendations to government around the end of 2005. One of its first tasks will be to submit a detailed work plan for agreement with its sponsoring Ministers in Defra and the devolved administrations. It will be for CoRWM to decide whether or not it wishes to employ consultants to support them in their option assessment work. To date none has been engaged by the committee.
Countryside Agency: Access Rights And Maps
asked Her Majesty's Government:Further to the Written Answer by the Lord Whitty on 21 October (
WA 173), whether errors corrected by the Countryside Agency in its provisional or conclusive maps will provide sufficient reason to allow the correction of definitive maps drawn up by the local authorities; and whether the Government have any plans to issue guidelines on that subject. [HL5459]
The Countryside Agency's maps do not show the same information as local authorities' definitive maps. The Countryside Agency's maps show open country (mountain, moor, heath and down) and registered common land. Definitive maps show linear rights of way such as footpaths and bridleways. Changes to the Countryside Agency's maps will therefore not have implications for definitive maps.We do not plan to issue guidance specifically on this point but will make the purpose of the maps clear in general information produced on rights of access.