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Written Answers

Volume 659: debated on Thursday 18 March 2004

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Written Answers

Thursday, 18 March 2004.

Supreme Court

asked Her Majesty's Government:What is the basis for the reported calculation that 80 per cent of the running costs of the proposed Supreme Court would be met by increases in fees paid by litigants in courts throughout the United Kingdom. [HL1687]

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

My predecessor announced to this House on 19 November 1998 that fees for civil business in the courts in England and Wales will be set to recover full cost. Civil business will account for approximately 80 per cent of the work of the new UK Supreme Court. The Government are working closely with the devolved administrations in developing appropriate funding mechanisms for the UK Supreme Court.

Supreme Court (Offices) Act 1997: Repeal

asked Her Majesty's Government:What is the purpose of the repeal of the Supreme Court (Offices) Act 1997; and what effect its repeal will have on the current holder of the office of Permanent Secretary of the Department for Constitutional Affairs and Clerk of the Crown in Chancery. [HL1766]

The Supreme Court (Offices) Act 1997 repealed the provision in the Supreme Court Act 1981, which set out the qualification for appointment as, and tenure of office of, Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. The 1997 Act also contained a saving provision to preserve the tenure of the then holder of the offices. He retired in 1998. Having effected the repeal, and now that the saving provision is spent, the 1997 Act has achieved its purpose and it is unnecessary for it to remain in the statute hook. The repeal of the 1997 Act by the Statute Law (Repeals) Bill has no effect on the current holder of the offices.

National Centre For Policing Excellence

asked Her Majesty's Government:Whether it is proposed to move the National Centre for Policing Excellence from Bramshill; and [HL1746]

Whether it is the case that the National Centre for Policing Excellence is to lose 25 per cent of its annual budget; and [HL1747]

How many staff would be displaced from Bramshill due to the proposed move of the National Centre for Policing Excellence to a new location; and [HL1748]

What temporary rental accommodation costs and office equipment costs will be incurred by the relocation of the National Centre for Policing Excellence; and [HL1749]

Whether the relocation costs of the National Centre for Policing Excellence would be saved if the facility remained at Bramshill. [HL1750]

The National Centre for Policing Excellence (NCPE) is part of Centrex, the Central Police Training and Development Authority. The chief executive of Centrex has advised us that the net expenditure of NCPE in 2003–04 will be approximately £12.1 million. The Centrex budget for 2004–05 is not yet finalised.NCPE currently operates from several Centrex sites:

  • Bramshill: operational support to the police service, and serious crime analysis.
  • Wyboston: training in specialist law enforcement techniques.
  • Cambourne: doctrine development.

>From April 2004, reorganisation within Centrex will incorporate within NCPE training in scientific support, which is based near Durham, and training in the use of the police national computer, currently based in Leicester.

The Centrex board decided in 2003 that co-location of the work on doctrine development, operational support and specialist law enforcement training would be important for the long-term effectiveness of NCPE. The available accommodation at Bramshill is not suitable or adequate to house all NCPE functions. A relocation project has been considering whether all or part of the work currently carried out at Bramshill should be moved to the same location as the work on doctrine development. The various options are currently under review. No final decisions have yet been taken about the number of staff who might be relocated.

Imitation Firearms

asked Her Majesty's Government:Whether, following Home Office support for an all-party parliamentary report on imitation and convertible firearms, they will find time to legislate for a ban on the manufacture, sale, transfer and importation of such weapons. [HL1890]

We will be looking at this issue as part of the comprehensive review of current firearms legislation. We will be publishing a consultation paper shortly.Imitation firearms that are readily convertible to fire live ammunition are treated in law as real, working guns and if they are handguns, are already banned.

War Widows

asked Her Majesty's Government:Whether the titles "war widow" or "war widower" will continue to be used to describe all widows or widowers whose spouses' deaths were attributable to their Service lives. [HL1541]

We recognise and respect the concern of the ex-Service community, including the War Widows Association, to retain this long-standing and much valued title. Therefore it will continue to be used.

Late Payment Of Debts

asked Her Majesty's Government:What redress is available to voluntary organisations which are contracted to provide services on behalf of a local authority if the local authority does not pay for those services on time. [HL1812]

The redress available to a voluntary organisation for late payment for any services it has been contracted to provide is governed primarily by the terms of its contract with the local authority. The law of contract is essentially a common law field, but various statutes could be relevant. The Late Payment of Commercial Debts (Interest) Act 1998 is likely to provide a remedy for late payment if the contract is a commercial contract for the supply of services.

Dental Services

asked Her Majesty's Government:What studies (a) the Treasury, and (b) the Department of Health have conducted into the way in which other European Union countries remunerate dentists. [HL1513]

There have been no studies as such done by the Department of Health or the Treasury into the way in which other European Union countries remunerate dentists.

Toxbase

asked Her Majesty's Government:Whether TOXBASE entries are available to the public under the Environmental Information Regulations currently in force, under the draft Environmental Information Regulations or under any other regulation or code. [HL1578]

TOXBASE is an expert Internet system provided by the National Poisons Information Service free to registered users within the National Health Service in the United Kingdom. This includes hospital departments, public health departments and general practitioner practices. In addition some entries are adapted for use by NHS Direct centres in England and Wales and NHS24 in Scotland. It is also provided under a contract arrangement to registered users in the Irish health service. This system is designed for use by health professionals. There are no current plans to make the website available to members of the public.TOXBASE is designed to provide clinical information to medical doctors and healthcare professionals. It is not a source of information on environmental effects that are covered by the Environmental Information Regulations.

Food: Country Of Origin Labelling

asked Her Majesty's Government:Whether they believe a "Made in the European Union Origin Marking" scheme would he in the best interest of United Kingdom food producers. [HL1660]

The Government's view is that consumers would consider "Made in the European Union" labelling less useful for foods, particularly meat products, than specific country of origin labelling. That is why the Government are pressing for changes to European Union rules to require country of origin labelling on meat and some meat products. Many United Kingdom consumers wish to have this information to support their food choices and the Government believe that such labelling would also benefit UK meat producers. In the mean time, the Food Standards Agency has issued best practice advice to encourage voluntary provision of this information.

Nhs: Consultant Toxicologists

asked Her Majesty's Government:How many consultant toxicologists work in the National Health Service; in which institutions do they work; and how many have confidentiality agreements with contract research organisations. [HL1733]

Toxicology is not a recognised speciality for the certificate of completion of specialist training (CCST), and it is thus not possible to identify all consultants who have toxicological expertise and who work in the National Health Service. The CCST is administered by the Specialist Training Authority of the Medical Royal Colleges, and is a requirement for becoming a consultant in the NHS.It is not possible to provide the information requested.

Vcjd Compensation Scheme

asked Her Majesty's Government:Whether they will give guidance to the trustees of the vCJD compensation scheme to the effect that the levels of care paid in respect of each victim should be responsive to the facts in each case and not restricted to the requirements set out in the "four stages" as defined by the trustees. [HL 1786]

The independent trustees of the variant Creutzfeldt-Jakob disease compensation scheme have carefully considered the principles to be applied in administering the scheme. In the case of gratuitous care, the trustees have discretion to make payments and have sought appropriate expert medical and legal advice to assist them in deciding the principles to be applied.We understand that the trustees, in the light of representations from the families' legal representatives, had agreed to make an additional payment for care across the board.

asked Her Majesty's Government:In respect of the vCJD compensation scheme, what at the most recent date for which figures are available were:

  • (a) the total moneys paid into the scheme and interest earned thereon;
  • (b) the expenses to date of running the scheme;
  • (c) the total paid to claimants;
  • (d) the total committed to be paid to claimants; and
  • (e) the amounts expected to be paid to claimants by the end of 2004, and at the termination of the scheme in total and under each of paragraphs 3.1, 5.5, 4.1, 4.2, 4.3 of the scheme and otherwise.
  • [HL1787]

    (a) The total moneys paid into the scheme and interest earned thereon;

    Total moneys £53,150,000 interest £847,309.66

    (b) The expenses to date of running the scheme;

    £4,764,983.70 (including legal fees and trustees' fees)

    (c) The total paid to claimants;

    Total £26,598,248.06

    (d) The total committed to be paid to claimants;

    The compensation scheme provides for payments to be made in respect of 250 cases, up to a maximum of £55 million. This sum includes all the costs of running the scheme. On top of the £55 million trust fund, the Government made provision for payments of an additional £50,000 to each victim or their family in the first 250 cases.

    (e) The amounts expected to be paid to claimants by the end of 2004, and at the termination of the scheme in total and under each of paragraphs 3.1, 5.5 4.1, 4.2, 4.3 of the scheme and otherwise.

    It is difficult for the trustees to predict the amounts to be paid to claimants by the end of 2004 as they do not know how many new claims will be presented.

    Paragraph 3.1 of the trust deed refers to the basic sum payments of £120.000 or £125,000 (depending on when the diagnosis was first suspected). Paragraph 4.1 of the trust deed refers to the £5,000 or £10,000 payments for the experience of the family. As at 16 December 2003 (the most recent meeting of the trustees), there were 143 victims. Main applications have been received in relation to about 133 cases. By the end of the trustees' last meeting, the trustees had considered a total of 129 claims in full (excluding payments from the discretionary trust other than for care). Payments have been made in the vast majority of those 129 claims.

    Paragraph 5.5 of the trust deed refers to the victim's loss of earnings which cause particular hardship. The trustees do not know at this stage how many claims will be put forward under this category.

    Paragraph 4.2 of the trust deed refers to non-qualifying carers. Only a small number of claims for care have been paid to non-qualifying carers, such as boyfriends or girlfriends of young victims who have been involved in care. Carers qualify usually under a separate category, such as spouse.

    Paragraph 4.3 of the trust deed refers to an award of £5,000 for psychiatric injury and further amounts for particular financial or emotional hardship. Information provided to the trustees from the families' legal representatives indicates that:

    • The total number of claimants to date is 183 in relation to 73 victims. All of these claimants are claiming (or have claimed) the £5,000 award.
    • Of these, 103 claims have been approved for £5,000 payments and therefore 80 of the £5,000 claims are outstanding.
    • Of the 183 claimants, 55 are claiming financial hardship, 10 are claiming emotional hardship, and a further 13 are claiming both.
    • The trustees are waiting clarification from 55 claimants (via their legal representatives) as to whether they will be pursuing hardship claims.

    asked Her Majesty's Government:Whether they will give guidance to the trustees of the vCJD compensation scheme to the effect that an unmarried partner of a victim's brother, sister, uncle, aunt or child should be treated as a "qualifier" under the scheme. [HL1790]

    The Department of Health will give guidance on this, and any other appropriate issue about the variant Creutzfeldt-Jakob disease compensation scheme, if it is sought by the trustees. We have worked closely with the trustees administrators wherever there have been issues arising.

    Alcohol consumption (units per week) among adults aged 16 and over, by gender—England, 1984 to 2001
    Mean weakly units
    Alcohol consumption (units per week)UnweightedWeighted
    19841986198819901992199419961998199820002001
    Men14.815.816.616.815.715.416.116.417.217.116.9
    Women5.05.35.45.65.55.66.36.46.57.17.5

    Notes:

    1. The survey is on a financial year basis, but was carried out on a calendar year basis prior to 1988.

    2. Questions on weekly alcohol consumption were asked in alternate years prior to 2000. Since 2000 they are included annually.

    3. Prior to 1988, alcohol questions were asked only of those aged 18 and over, but since 1988, respondents aged 16 and 17 have answerd the questions using a self-completed questionnaire.

    4. Since 1998 data have been weighted to compensate for non-response. Results based on unweighted and weighted data arc not directly comparable. To give reliable comparisons, trends up to and including 1998 must be based on unweighted data; trends for 1998 onwards must be based on weighted data.

    Source:

    Office for National Statistics General Household Survey, 1984 to 2001

    asked Her Majesty's Government:What estimates they have of the proportion of 13, 14, 15, 16 and 17 year-olds who drink alcohol on a regular basis. [HL1827]

    The information is given in the tables:

    Table 1: Percentage of young people aged 13 to 15 who usually drink at least once a week—England, 2002
    Agepercentages
    13 years14
    14 years26
    15 years37

    Source:

    NatCen/National Foundation for Educational Research, Smoking, drinking and drug use among young people in England in 2002.

    Table 2: Percentage of adults aged 16 to 17 who usually drink at least once a week—England, 2001

    Age

    percentages

    16 years44
    17 years64

    Source:

    Office for National Statistics General Household Survey, 2001.

    Alcohol

    asked Her Majesty's Government:What estimate they have of the number of units of alcohol consumed each week by (a) men; and (b) women; and how this compares to the number of units consumed in 1975, 1985 and 1995. [HL1826]

    In 2001, average weekly alcohol consumption among adults aged 16 and over in England was 16.9 units for men and 7.5 units for women.Comparable data are not available for the years requested. Available data are shown in the table.

    Mixed-Sex Wards

    asked Her Majesty's Government:Whether the following hospitals within the Maidstone and Tunbridge Wells National Health Service Trust have any wards which are currently operated on a mixed-sex basis: (a) the Kent and Sussex Hospital, (b) the Pembury Hospital or (c) the Maidstone Hospital; and [HL1840]What information the Department of Health collects about mixed-sex accommodation at each National Health Service trust. [HL1841]

    Compliance against the commitment for National Health Service trusts to eliminate mixed-sex accommodation is measured annually at trust level. Trusts are measured against three objectives:

    • To ensure that appropriate organisational arrangements are in place to secure good standards of privacy and dignity for hospital patients;
    • To achieve the Patient's Charter standard for segregated washing and toilet facilities across the NHS; and
    • To provide safe facilities for patients in hospitals who are mentally ill which safeguard their privacy and dignity.

    The latest information shows that the Maidstone and Tunbridge Wells National Health Service Trust is not entirely meeting the first two objectives in some wards at Pembury Hospital and at the Kent and Sussex Hospital. Maidstone Hospital is fully compliant with the objectives. However, the trust has taken action to address this through its clinical governance action plan and plans for capital investment.

    Rimonabant

    asked Her Majesty's Government:What plans they have to test the anti-obesity, anti-smoking pill (Rimonabant). [HL1878]

    The Medicines and Healthcare Products Regulatory Agency, on behalf of the Licensing Authority, grants marketing authorisations for medicinal products provided that satisfactory quality, safety and efficacy data have been submitted for the medicinal product for use in the proposed indication and that the risk benefit is deemed favourable. A marketing authorisation has not been issued for Rimonabant. It would be for a pharmaceutical company to carry out appropriate tests to demonstrate that the safety, efficacy and quality are satisfactory to support the anti-obesity and anti-smoking claims for Rimonabant.

    Genetically Modified Food

    asked Her Majesty's Government:Whether they will ensure that food labelling identifies meat and milk from animals fed on genetically modified maize so that consumers may reject them if they so wish. [HL1889]

    All genetically modified animal feed undergoes a rigorous safety assessment before it is approved for feed use.European Commission Regulation 1829/2003 on genetically modified food and feed comes into effect on 18 April 2004. This regulation does not require the labelling of meat or milk from animals fed on genetically modified animal feed.

    Data Protection Act 1998: Notifications By Agents

    asked Her Majesty's Government:What is their estimate of the number of individuals and firms who employ agents (as a result of deceptive advertisements or otherwise) who tout for business to make registrations under the Data Protection Act 1998 on behalf of the individuals and firms. [HL1399]

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

    The Information Commissioner estimates that he has received about 27,000 notifications (registrations) via bogus agencies over the past three financial years. This figure does not distinguish between individuals and firms.I understand that the commissioner is aware of some other companies that offer data protection advice, including help with notification. but he is not in a position to estimate how many of these there are, or how many businesses or individuals use them.Additionally, some individuals and businesses will undoubtedly consider it beneficial to pay someone such as an accountant or lawyer to submit and keep under review their notification. It would seem reasonable to assume that many such professionals advertise or otherwise solicit custom, but the commissioner is unable to speculate as to the extent of this.

    British-Irish Council: Minority Languages

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

    WA 43) concerning the British-Irish Council, why Scots was not included in the list of languages which are to be focused upon.[HL1574]

    The list of languages to be focused upon at the British-Irish Council summit in Cardiff on 28 November 2003 was agreed by the Scottish Executive and the other members of the British-Irish Council.I understand that the timing of the summit coincided with the consultation period of the Gaelic Language Bill, which is a major milestone for Gaelic in Scotland.The interests of both Gaelic and Scots will be represented by the Scottish Executive as the BIC agenda for minority and lesser used languages is taken forward.

    Suez 1956: Law Officers' Advice

    asked Her Majesty's Government:Whether the advice given by the Law Officers in 1956 on the legality of the Suez invasion is in the public domain. [HL1817]

    The advice given by the Law Officers in 1956 on the legality of the intended seizure of the Suez Canal is in the public domain and available for inspection in document FO371/119090 at the National Archives.

    Cuba: Exports Credits Guarantee Department

    What consideration they have given to the premium to be charged on the proposed Exports Credits Guarantee Department line of credit to Cuba: and what evidence they have that any such rate would be competitive against our European counterparts; and [HL1798]

    What specific criteria were used to support the anticipated premium on the proposed Exports Credits Guarantee Department line of credit to Cuba: and what is the current state of the facility. [HL1799]

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

    The ECGD has opened negotiations with the Cuban authorities regarding ECGD support for a line of credit to finance the export of UK capital goods and associated services to Cuba under the department's "good projects in difficult markets" (GPDM) scheme. ECGD has recently indicated an approximate premium rate to the Cubans following a preliminary appraisal of all of the risks, which was carried out in accordance with ECGD's standard risk assessment methodology for GPDM transactions. This appraisal included an examination of' the inherent project and country risks, the proposed security structure and the arrangements for purchase of the project deliverables. For any specific exports under the lines of credit, ECGD will carry out its normal business principles due diligence on the impacts of both the exports and the associated project.ECGD's policy is to match premium to risk and not to seek to match the rates of other export credit agencies (ECAs).Discussions with the Cubans are continuing.

    Playing Fields And Community Green Spaces

    asked Her Majesty's Government:What are the budgets allocated to, the amounts awarded to and the money spent by, the New Opportunities Fund's playing fields and community green spaces initiative. [HL1721]

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

    The Sport England playing fields and community green spaces scheme forms part of the New Opportunities Fund's £130 million green spaces and sustainable communities programme.The scheme has an allocated budget of £28,444,865. Of this £27,899,056 is committed, and money actually claimed by and paid to projects is £18,592,096.

    asked Her Majesty's Government:How much money has been spent by the New Opportunities Fund's playing fields and community green spaces initiative on the creation of new playing fields, improving existing playing fields, preparing playing pitch strategies and playground improvements. [HL1722]

    Sport England has currently spent £27,899,056 overall on the playing fields and community green space element of this New Opportunities Fund (NOF) programme. Spend on playing pitch improvements, which includes creating new playing fields and improving existing playing fields, amounts to £13,623,169. £424,029 has been spent on playing pitch strategies and on playgrounds including the use, design, and management of playgrounds, £3,696,000 has been spent.NOF has reported the following progress in each main project area:

    ApprovedStartedComplete
    Playing Fields227223223
    Playing Pitch Strategies616137
    Grounds for Improvement334334215
    Community Young Peoples Play28284

    School Sport

    asked Her Majesty's Government:Whether they will name three schools in the London Borough of Lewisham that have attained the public sector agreement target to deliver school children a minimum of two hours per week of high quality physical education and school sport. [HL1871]

    The public service agreement target relates to the percentage of school children in England who spend a minimum of two hours each week of high quality PE and school sport within and beyond the curriculum, not to delivery of the entitlement by individual schools.

    asked Her Majesty's Government:Whether the public sector agreement target to deliver schoolchildren a minimum of two hours per week of high quality physical education and school sport means at least two hours of physical exertion per week or whether the two hours includes class work in which physical education is studied. [HL1873]

    A large proportion of the two hours should be spent on physical activity. However, to ensure high quality, some time should be spent on learning the skills and tactics (including lifestyle management) that underpin sports development. Ultimately, the outputs for schoolchildren are more important than prescribing their content.

    International Rail Regulator

    asked Her Majesty's Government:Who will be the next International Rail Regulator and what will his powers be, particularly in relation to European Directives 2001/12 and 2001/14. [HL1876]

    Chris Bolt, the chairman designate of the Office of the Rail Regulator, will also be appointed to be the International Rail Regulator. The future of the International Rail Regulator, including the powers, is currently being reviewed in the light of the requirements of Directives 91/440 (amended by 2001/12) and 2001/14.

    West Coast Main Line

    asked Her Majesty's Government:Whether the level of subsidy likely to be paid to Virgin-Stagecoach for operating railway services on the West Coast Main Line exceeds the premium payment originally envisaged; and whether they will give notice of termination of the contract on the grounds of cost and low passenger carryings now forecast. [HL1894]

    In 2002, following Railtrack's failure to deliver the upgrades to the West Coast Main Line integral to Virgin's business case, the Strategic Rail Authority entered into an interim agreement with Virgin Rail Group designed to stabilise the franchise while it identified the best future for passenger and service delivery. The long-term future of the franchise is currently under renegotiation. There is no intention to terminate the franchise for the reasons suggested.