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Written Answers

Volume 654: debated on Sunday 30 November 2003

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Written Answers

Thursday, 30th October 2003.

Questions For Written Answer

:Whether she will have discussions with the Lord Chancellor about the fact that the Question for Written Answer asked by Lord Avebury on 14 July still awaits an answer after 12 weeks, longer than any other outstanding question, and 10 weeks longer than the convention of two weeks; and also whether his department's delay sets a suitable example to other departments, who together on 8 October have 66 outstanding questions. [HL4719]

I understand that Lord Avebury's Question has now been answered. The delay in answering this Question is totally unacceptable. As you know, the time taken to reply to Parliamentary Questions is an issue that concerns me and my ministerial colleagues.I have recently reminded colleagues of the importance of prompt and accurate answers and will continue to do so on a weekly basis.

Courts Agency: Hampshire And The Isle Of Wight

asked Her Majesty's Government:Where Hampshire and the Isle of Wight will be located within the structure of the proposed unified courts agency.[HL5249]

The Secretary of State for Constitutional Affairs and Lord Chancellor
(Lord Falconer of Thoroton)

I have carefully considered all the representations made to me about the location of Hampshire and the Isle of Wight within the structure of the new courts agency. I have focused on what produces the best justice system for the public in the South-East and South-West regions. A number of submissions have been made to me on the administration of justice if Hampshire were to be part of the South-East region. I acknowledge that making a change at this stage would raise a number of potentially difficult issues for the judiciary and the Bar, which could impact on the administration of justice for the public. In addition I have received representations from partner criminal justice agencies locally to the effect that from their perspective change would not bring significant benefit.The established government policy of aligning public bodies with the government regions is important and can potentially bring significant benefits to the administration of justice. However, the immediate benefits of that policy do not currently justify realigning Hampshire and the Isle of Wight in the South-East region. Taking account of the widespread strength of feeling, I have decided not to realign Hampshire and the Isle of Wight at this time. As the regional agenda develops, however, I believe there may well be a much clearer case for realignment and I will therefore reconsider this issue in 2006–07.In reviewing the distribution of business across Hampshire, Dorset and Wiltshire, I have decided that in order to provide a better service for court users in Dorset, subject to the views of the senior judiciary, Bournemouth Crown Court should become a first tier centre. This would mean that serious cases from Dorset could be tried more conveniently—clearly a benefit for victims and witnesses in the area.

Commission For Equality And Human Rights

asked Her Majesty's Government:Whether they will establish an equality and human rights commission in Britain.[HL5252]

A fair and prosperous Britain must provide opportunity for all. A society that is to flourish must make full use of the talents of all its members. Thriving societies and economies are based on strong, cohesive communities where diversity is celebrated as a strength and discrimination tackled.Equality matters to everyone—it is not a minority concern.Last October the Government launched the consultation document

Equality and Diversity: Making it happen to seek views on the role, priorities and structure for Great Britain's statutory equality institutions in the new century to help meet this vision of a cohesive and prosperous society.

The consultation drew a strong response from a wide range of interested groups and individuals. A summary of those responses and copies of the responses themselves have been placed in the Libraries of both Houses.

In the light of the consultation the Government have concluded that a single body represents the best option for realising their vision of a fairer, more inclusive and prosperous Britain. A single equality body provides an effective and flexible framework for supporting our equality legislation as well as underlining the importance of equality as a mainstream concern.

Many respondents also highlighted the potential role a new body might play in providing support for human rights as well as equality. The Government also considered carefully the sixth report of the Joint Committee on Human Rights, which called for integrated institutional support for human rights and equality. We have therefore decided that the new body's remit should cover the promotion of human rights together with its equality responsibilities.

The Government recognise the crucial contribution to the diversity agenda already made by the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission and the need for a single body to build on and protect the programmes they have put in place.

ROLE OF THE NEW BODY

The working title of the body will be the Commission for Equality and Human Rights. It will promote an inclusive agenda, underlining the importance of equality for all in society as well as working to combat discrimination affecting specific groups. It will promote equal opportunities for all and tackle barriers to participation.

It will play a key role in building a new, inclusive sense of British citizenship and identity in which shared values of respect, fair treatment and equal dignity are recognised as underpinning a cohesive, prosperous society. It will promote a culture of respect for human rights, especially in the delivery of public services.

My right honourable friend the Secretary of State for Trade and Industry intends to publish a White Paper next spring making detailed proposals for the body and seeking comments. At this point the Government have reached no conclusions on key issues such as the governance of the body and its internal structure. A range of views on these and other questions were expressed during the consultation, which need further examination and debate with interested stakeholders.

My right honourable friend the Secretary of State for Trade and Industry is therefore establishing a task force with members reflecting the interests concerned to provide advice on these issues. This reflects the Government's commitment to an open and transparent process for developing the new body.

The task force will include representatives of the existing commissions and the new anti-discrimination strands of sexual orientation, religion and belief, and age. It will also include members with a particular interest in human rights as well as people from Scotland, Wales and other interests.

The responses to the White Paper will inform the preparation of legislation to establish a single body which will be introduced as soon as parliamentary time allows. Late 2006 would be the earliest that the new body can be established.

There was a strong call in the consultation for the body's arrangements in Scotland and Wales to fit well with devolved legislation, institutions and policies and for its policies to take account of the social, cultural and economic circumstances of Scotland and Wales. The Government will set out proposals for the commission's Scottish and Welsh arrangements in the White Paper to be published next spring.

KEY PRIORITIES FOR THE NEW COMMISSION

The Government look forward to the commission's priorities being defined through continuing consultation and debate. However, the Government believe the following principles should underline its work:

Promoting equality and diversity in the round, fostering understanding of their importance in underpinning a prosperous and cohesive society; promoting a culture of respect for human rights and acceptance of the responsibilities that go with them.

Giving full attention to the specific needs of individual groups who receive legislative protection against discrimination, ensuring the availability of relevant skills and expertise.

Improving support for individuals through better and more accessible provision of services, particularly advice and information.

Working in partnership with business and public sector organisations, meeting the requirement expressed strongly by business and others for a single, accessible source of advice and guidance covering the breadth of legislative obligations as well as advice and support on good practice.

Mainstreaming equality and human rights in the public sector and public service delivery. Key tools will be the promotion and enforcement of the Race Relations (Amendment) Act statutory duty on public bodies to promote equality of opportunity, the planned disability duty, awareness of the duties under the Human Rights Act and working to encourage good practice in equality and human rights generally.

Developing partnerships with a range of bodies at regional and local level, including statutory, voluntary and business organisations, to deliver local, accessible information and advice to individuals, public sector bodies and businesses.

Bringing a strategic, modern approach to enforcement of equality legislation supported by up-to-date enforcement tools.

Promoting community cohesion through providing support to local initiatives to promote dialogue and understanding between different communities and groups, where relevant drawing upon the balance between rights and responsibilities contained in the Human Rights Act.

The Government are committed to ensuring that the needs of all groups covered by equality legislation will be met by the new body, as well as supporting our legislation on human rights, and that relevant levels of focus, expertise and influence are all retained.

We will therefore ensure that the single body has robust and transparent means of ensuring that the voices of specific groups are heard and that they have a significant role in steering the policy and approach of the body on matters of concern to their strand. We will also ensure that strand-specific work is clearly identified, supported and attracts appropriate priority, visibility and profile within the organisation; and that fit-for-purpose governance and organisational structures are developed which reflect this approach.

Disabled people and their organisations have raised concerns that a single equality body should meet their particular needs. The Government recognise the distinctive aspects of the disability rights agenda and the concerns above that reflect the relatively recent establishment of the Disability Rights Commission and the fact that there has been relatively little time for the distinctive disability rights legislation to take hold. There is also a demanding programme of disability legislative reform over the next few years requiring sustained and major campaigns of information, advice, publicity and guidance to ensure effective implementation.

Our White Paper will put forward proposals developed in conjunction with key stakeholder interests to deal with these and other related concerns.

Parliamentary Mail Services

asked the Chairman of Committees:In light of the current unofficial industrial action, what arrangements are in place to maintain inward and outward parliamentary mail services. [HL5279]

I regret that the House faces considerable difficulties as a result of the current industrial action. I understand that normal outward-bound mail (that is, mail that is put in "external" mail boxes with either a frank or a stamp) is being collected by Royal Mail and stored for onward transmission as soon as possible at its south London mail centre. There is no guarantee as to the time of its ultimate delivery. With regard to inward-bound mail, Royal Mail is making efforts to extract Houses of Parliament mail from normal mail flows and to make deliveries.The current advice from the Parliamentary Postmaster is that any items for delivery to Members should be placed in the internal mail system, addressed to the Member concerned at "House of Lords". These items will be sent to the Member in a mail forwarding pouch. Royal Mail has given a firm commitment that these items will be delivered as instructed by Members.I understand that items posted by special delivery are currently being collected from and delivered to the House as normal. In addition, deliveries by Datapost of the Minute and

Hansard, to Members within central London who receive this service, are unaffected.

Ministry Of Defence Annual Report And Accounts 2002–03

asked Her Majesty's Government:When the Ministry of Defence annual report and accounts for 2002–03 will be published. [HL5250]

Information about the Ministry of Defence's performance during the last financial year is contained in the Ministry of Defence annual report and accounts for 2002–03, which will be laid before the House today as HC 112.5.Copies will be placed in the Libraries of both Houses and it will also be available on the Ministry of Defence website.

Elections 2004

asked Her Majesty's Government:When they plan to go out to consultation on the draft statutory instruments making provision for the conduct of European parliamentary elections and the local and Greater London Authority elections combined with them in 2004. [HL5218]

My right honourable friend the Deputy Prime Minister and the Secretary of State for Constitutional Affairs have today issued a joint consultation document seeking views on draft statutory instruments which would make provision for the conduct of European parliamentary elections in Great Britain and Gibraltar, for the combination of polls of these elections and certain other elections in England and Wales, for amendments to the Greater London Authority election rules, and for giving effect to the Government's announced intention to move the date of the English local council and Greater London Authority elections in 2004, so that they take place at the same time as the European parliamentary elections.Comments are invited from key stakeholders and interested parties for the deadline of 11 December 2003.Copies of these documents are available in the Libraries of the House and will also be available on the OPDM and DCA websites.

Industrial And Employment Tribunals

asked Her Majesty's Government:How many applications were made to industrial or employment tribunals in each of the years from 1972 to 2003; and what were the median amounts of compensation awarded in each year in each of the jurisdictions covering unfair dismissal, sex discrimination and race discrimination. [HL4997]

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

Please find attached a table which shows the number of tribunal applications registered by the Employment Tribunals Service in Great Britain in each of the years from 1973 to 2003. We are unable to provide statistics for 1972.The second table provides a breakdown of the median amounts of compensation awarded for unfair dismissal, sex discrimination and race discrimination in each year from 1990 to 2003. Information prior to 1990 is not readily accessible and could only be produced at disproportionate cost.

YearRegistered Tribunal Applications
2002–0398,617
2001–02112,227
2000–01130,408
1999–2000103,935

Year

Registered Tribunal Applications

1998–9991,913
1997–9880,435
1996–9788,910
1995–96108,827
1994–9588,061
1993–9471,661
1992–9371,821
1991–9267,448
1990–9143,243
1989–9034,697
1988–8928,832
1987–8831,414
1986–8738,727
1985–8635,964
1985¹36,468
198439,824
198339,939
198243,645
198144,831
198041,403
197941,221
197843,312
197746,968
197647,644
197535,915
197416,443
197314,472
¹ The information on the number of applications registered prior to 1985–86 is only available on a yearly basis.

Source: Employment Tribunals Service and Labour Market Trends/Employment Gazette.

Year

Unfair Dismissal £

Sex Discrimination £

Race Discriminaion £

2002–033,2255,0007,942
2001–022,5635,0005,263
2000–012,7445,4998,012
1999–20002,5152,1802,378
1998–992,3884,0445,000
1997–982,4222,8694,555
1996–97¹Not AvailableNot AvailableNot Available
1995–962,4992,7082,714
1994–953,2895,7002,750
1993–942,7732,9993,499
1992–932,6161,4163,333
1991–922,4281,7251,374
1990–911,7731,1421,749
¹ Due to changes in the Employment Tribunals Service computerised records in 1996, statistics for 1996–97 are not available.

Source: Employment Tribunals Service and Labour Market Trends.

Employers' Liability Insurance

asked Her Majesty's Government:What plans they have to assist with the cost of obtaining employers' liability insurance. [HL4952]

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

The Government do not intend to make direct pricing interventions. These would serve to establish a gap between premiums and costs, which lay behind the present difficulties in the employers' liability insurance market.More broadly, the Government are engaged in a wide range of actions and initiatives designed to help business to obtain EL insurance at a reasonable price.We will report in the autumn on the progress that has been made and any further steps we intend to take.

Heavily Indebted Poor Countries Initiative

asked Her Majesty's Government:What action they are taking to ensure that the full 1 billion dollar top-up required for the heavily indebted poor countries trust fund is provided so that it can play its part in the granting of debt relief; and how soon they expect that objective to be fulfilled.[HL4932]

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

The UK Government remain absolutely committed to the rapid and full implementation of the heavily indebted poor countries (HIPC) initiative to ensure that it delivers a robust exit from unsustainable debt for the world's poorest countries.As a result of the deterioration in global growth prospects and the decline in terms of trade, some HIPC countries are at risk of exiting the initiative with unsustainable levels of debt. At the G8 summit in Kananaskis in June 2002, the UK took a leading role in pushing for agreement to provide additional funding—so-called "topping up"—to support countries that reach completion point with debt levels that have deteriorated due to exceptional and exogenous factors. It was agreed at this summit that G8 and other donors would meet the estimated 1 billion dollar shortfall in HIPC trust fund financing. At the subsequent technical meeting in Paris in October 2002, pledges were made by creditor countries. The UK provided 120 million dollars against the shortfall of 1 billion dollars.Topping up is agreed on a country-by-country basis, and so far only one country—Burkina Faso—has received topping up at completion point, which the UK strongly supported. The UK is committed to supporting topping up for countries whose debt levels have risen above the 150 per cent debt-to-export threshold as a result of exceptional and exogenous factors. In addition, the UK supports a change in the methodology to exclude additional bilateral assistance from the calculation of topping up at completion point, which could provide an additional 1 billion dollars to support poverty reduction.The HIPC initiative has an important role to play in maximising the resources available for poverty reduction in developing countries. However, unless there is an increase in the volume of resources available from donors to poor countries, additional debt relief would simply reallocate resources from one form of financing to another, and from non-HIPC poor countries to H1PC countries, without adding to the overall financing available for poverty reduction. Furthermore, all HIPC countries would still need additional aid to meet the Millennium Development Goals even if all of their debt from the World Bank and IMF were forgiven. That is why the UK's proposal for an international finance facility is so important. It can provide the much-needed substantial increase in resources that debt relief alone would not achieve and that could be disbursed by way of grants and additional debt relief.

Civil Registration

asked Her Majesty's Government:What efforts they have made to publicise the consultation document

Civil Registration: Delivering Vital Change.[HL5077]

The information requested falls within the responsibility of the Registrar General who has been asked to reply.

Letter from the Registrar General, Len Cook, dated 30 October 2003.

As National Statistician and Registrar General for England and Wales, I have been asked to reply to your recent question concerning what efforts have been made to publicise the consultation document Civil Registration: Delivering Vital Change. (HL5077)

Civil Registration: Delivering Vital Change was published on 10 July 2003 and represents the first step in the use of the order making powers in the Regulatory Reform Act 2001. These powers will be used to make the changes in the law necessary to modernise the civil registration service in England and Wales. A copy of the consultation document was sent to a wide variety of organisations and persons with an interest in civil registration. A full list of all the organisations consulted is contained in Annex B of the consultation document.

Copies were placed in the Library of the House and the document is also available on the internet at www.statistics.gov.uk/registration. Copies were also available for sale at the General Register Office (GRO). Posters and information leaflets, designed for the public, were sent to all register offices in England and Wales. The document is available in English and Welsh.

During the consultation period, which ended on 24 October 2003, GRO gave presentations and seminars about the proposals in the consultation document, to groups with a particular interest such as registration officers, genealogical societies and voluntary bodies with an interest in registration records.

Nhs Medical Records

asked Her Majesty's Government:Whether individual patients have any legal rights of ownership to the medical records held about them by the National Health Service. [HL5004]

Patients do not have any legal rights of ownership to the medical records held by the National Health Service but they do have certain rights of access to those records.

Waste Disposal

of Idlicote asked Her Majesty's Government:Further to the Written Answer by the Lord Whitty on 10 October

(WA 87–88), what arrangements have been made for work in research and education on waste disposal. [HL4941]

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

Following last year's report by the Cabinet Office's Strategy Unit (Waste not, Want not), a number of strategic measures are being implemented to encourage the development of more sustainable approaches to waste management. The need for a robust research programme was one of the main findings of the Strategy Unit report and a new team is being established in Defra to drive forward this work.The research team will, among other things, review existing research on waste and develop and implement a 3-year waste research strategy. It will be assisted in this task by a new stakeholder advisory group which it is setting up. The team will also set up an accessible central database of research projects.The Strategy Unit report also recognised that increased participation in recycling schemes, and public understanding of the issues and their role, would be essential if the UK is to meet targets for recycling and diversion of waste from landfill.Defra has provided the Waste and Resources Action Programme (WRAP) with funding to start work on a Waste Awareness Programme to increase public awareness of waste and recycling.WRAP is providing some funding for the Rethink Rubbish waste awareness campaign in England which will enable it to continue its current work.

Methyl Bromide

  • (a)what has been the annual tonnage of methyl bromide used in the United Kingdom in horticulture or other uses;
  • (b)what substitutes are available; and
  • (c) whether this chemical is banned or will be banned because of its impact on the ozone layer. [HL5059]
  • (a) The latest figures supplied by EU suppliers of methyl bromide indicate that the amount of methyl bromide used in the UK in horticulture in 2002 was about 184 tonnes.
  • (b) There are a number of alternatives to methyl bromide for use as soil sterilants, in crop handling and on storage structures, and for use in food storage areas. Details of the specific products approved can be obtained from the Pesticides Safety Directorate.
  • (c) The supply and production of methyl bromide is due to be phased out in developed countries by 31 December 2004 under the Montreal Protocol and implemented in the European Community under EC Regulation 2037/2000 on Substances that Deplete the Ozone Layer. Existing supplies can be used until 31 December 2005. There are exemptions for quarantine and pre-shipment purposes and applications for critical use exemption can be made to the United Nations Environment Programme (UNEP) where there are no technically and economically feasible alternatives.
  • North Sea Drift Net Fishing

    asked Her Majesty's Government:What is the latest postition on the phasing out of the North Sea drift net fishery; and what are the numbers of trawlers and fishermen. [HL5062]

    Between 1992, when the phase-out of the north-east coast salmon driftnet fishery began, and early 2003, the number of licensed drift-netsmen in the fishery was reduced from 149 to 68.In May of this year, agreements were reached between 52 of the remaining netsmen, Defra and representatives of angling and riparian interests, under which the netsmen undertook to leave the fishery for good in return for compensation payments. The size of the compensation payment for each netsman was determined as the result of a bidding process. There are now only 16 licensed drift-netsmen left in the fishery. The phase-out will continue, since the fishery remains subject to a reducing net limitation order, such that licences are not renewed or re-allocated when fishermen leave the fishery.

    Civil Service: Holidays

    asked Her Majesty's Government:Whether they will list the bank, privilege,common law and public holidays enjoyed by civil servants in each of the four countries of the UnitedKingdom. [HL4935]

    Bank and public holidays in England, Wales and Northern Ireland are the responsibility of the Department of Trade and Industry. Dates for Scotland are a matter for the Scottish Executive.The UK Civil Service observes eight public and two and a half privilege holidays.The public holidays are:

    • New Year's Day
    • Good Friday
    • Easter Monday
    • May Day Bank Holiday
    • Late May Bank Holiday
    • Late Summer Bank Holiday
    • Christmas Day
    • Boxing Day

    Good Friday and Christmas Day are common law public holidays in England, Wales and Northern Ireland. All other holidays are bank holidays. In Scotland (and to some extent Northern Ireland) a general holiday is not necessarily observed on the same day as the bank holiday.

    The privilege holidays are:

    • Maundy Thursday afternoon
    • The Queen's birthday
    • An additional day at Christmas

    The Queen's birthday must be observed on either the Friday preceding or the Tuesday after the late May bank holiday.