Written Answers
Monday, 10 May 2004.
Northern Ireland Department Of Culture, Arts And Leisure: Visits Outside British Isles
asked Her Majesty's Government:Which officials of the Northern Ireland Department of Culture, Arts and Leisure have since 2000 travelled outside the British Isles on authorised business; what was the purpose of each visit; and how much did each visit cost. [HL1884]
Since 2000 a total of 18 visits have been undertaken by Department of Culture, Arts and Leisure officials outside of the British Isles.Nine of these visits were to Europe involving 12 officials at a cost of £7,221.92. The purpose of the visits were attendance at European Centre for Minority Issues Conference; Soccer Strategy Visit to a Football Youth Academy; North Atlantic Salmon Conservation Organisation Conference; Minority Languages Charter meeting; visit to NI Executive Office in Brussels to investigate cultural funding opportunities for DCAL; North Atlantic Salmon Conservation Meeting; EU Workshop on Eels; General Angling Fair and British High Commission business.The remaining nine visits were to USA and Canada involving seven officials at a total cost of £20,508.57. The purpose of the visits were to staff accompanying the Minister on two occasions; Arts from Ireland Festival; Third Sector New England Conference; World Canals Seminar; Cultural links with the Getty Institute and CAL Arts and also three visits on NI Bureau business; Establishment of Cultural Desk in Washington Bureau; Interviews for Cultural Affairs Office and American Conference of Irish Studies.
Ulster-Scots Agency: Budget 2004
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 29 March
(WA 127) concerning the budget of the Ulster-Scots Agency, where the information was obtained to support the statement that "proportionality was maintained at the same level as in previous years as no new factors have emerged". [HL2277]
In the absence of any factors requiring the two proportions to be changed between one financial year and the next, no such change was considered.
Waterways Ireland
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 5 April
(WA 184) which stated that a Written Answer on 10 March 2003 concerning Waterways Ireland was incorrect due to an administrative error, whether they are confident that no other parliamentary Answers concerning Waterways Ireland have been incorrect due to similar errors since its creation in 1999. [HL2419]
Officials in government departments in the Northern Ireland administration are regularly reminded of the need to ensure that Answers prepared contain accurate and timely information. The most recent reminder was issued to Northern Ireland departments on 26 March 2004. Where an error is subsequently identified, it is corrected immediately and the noble Lord is informed.I have no reason to believe that other Answers to Questions concerning Waterways Ireland have been incorrect.
Northern Ireland: Railways
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 21 April
(WA 36), whether any section of central government has plans to carry out a study of the tourism potential of the railway line between Coleraine and Londonderry. [HL2515]
There are no specific plans to carry out such a study; however the Department of Enterprise, Trade and Investment does intend to look at the public transport arrangements in Northern Ireland from a tourism perspective. The terms of reference and timing of this exercise have still to be decided.
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 21 April
(WA 36), why the Northern Ireland Tourist Board has no plans to undertake a study of the tourism potential of the railway line between Coleraine and Londonderry. [HL2516]
Northern Ireland Tourist Board (NITB) has developed a strategic framework for action covering 2004–07 which identifies those priorities which will be the focus for attention over the next three years.The railway line between Coleraine and Londonderry, while picturesque, is not one of these priorities. The NITB does not therefore plan to undertake a study of its tourism potential and could not justify diverting its resources to such an exercise.
Joint Combat Aircraft
asked Her Majesty's Government:What impact the current design overweight of the F-35B will have on the Joint Combat Aircraft project. [HL2595]
Joint Strike Fighter (JSF) requirements are defined in terms of aircraft performance, which are the product of many factors, including weight, drag, and engine thrust. At current engine thrust and drag values, the Short Take Off/ Vertical Landing variant of the JSF is some 3,300 lbs overweight to meet its stipulated performance levels. Work is in hand in the United States to examine options to ensure that the overall performance requirements are met, addressing all possible options including a significant reduction in aircraft weight. This work will not mature in detail until early 2005, although an interim assessment of likely outcome in summer 2004 will enable performance against the United Kingdom's key user requirements to be preliminary evaluated at that time.
Astute Class Attack Submarines
asked Her Majesty's Government:When the construction time of the second and third of the Astute class attack submarines will be known. [HL2601]
Construction times for the second and third Astute class attack submarines will be agreed when pricing negotiations are completed with the prime contractor.
Billy Bragg
asked Her Majesty's Government:What is the status or role of Mr Billy Bragg as a government adviser or consultant or in any other related function. [HL2500]
As far as I am aware Billy Bragg has no government role.
Asylum And Immigration Cases: Legal Aid
asked Her Majesty's Government:What is the total number of asylum cases in which applications have been made to the Legal Services Commission for an extension of legal aid beyond five hours; and how many of those applications have been successful in obtaining such an extension.[HL2550]
The five-hour threshold will apply, throughout England and Wales, from 1 May 2004. As of 1 March 2004 a transitional threshold of seven hours was applied to immigration and asylum work provided by suppliers in London. In the first four weeks since the introduction of this policy, the Legal Services Commission dealt with 1,348 applications for extensions to the threshold; 937 extension requests related to controlled legal representation and 411 related to legal help. These figures cannot be split between immigration and asylum work. The total number of extension requests granted, part-granted, refused for lack of full documentation or rejected in full for the period is as follows:
Controlled Legal Representation
- Granted: 272
- Granted in part: 397
- Refused: 117
- Rejected: 151
Legal Help
- Granted: 114
- Granted in part: 156
- Refused: 60
- Rejected: 81
Conditional Fee Agreements
asked Her Majesty's Government:Whether the current arrangements for contingency legal fees and no win, no fee are working satisfactorily in the interests of litigants and of the due administration of justice. [HL2564]
The main form of no win, no fee arrangement permitted in England and Wales is a conditional fee agreement (CFA) which was introduced in 1995 and reformed in 2000. CFAs are providing access to justice for thousands of people with meritorious claims, are helping to increase early settlement and providing defendants with a system in which they are more likely to recover their costs in successfully defended cases. There has been satellite litigation concerning CFAs and related legal costs issues which prompted the Government to undertake a review of the CFA arrangements. This review, which is near completion has found that the current legislative arrangements are unnecessarily complex, may be difficult for many consumers fully to understand and provided scope for technical challenges by defendants. We plan to address this by bringing forward by the summer proposals to simplify the secondary legislation. This should help to ensure that the simple concept of no win, no fee translates into simpler agreements that are easier to undertstand and work even better for the consumer, are more straightforward for legal representatives to use and are more resistant to technical challenge.
Special Immigration Appeals Commission
asked Her Majesty's Government:Whether they will ensure that determinations of Special Immigration Appeals Commission are published. [HL2565]
A copy of the Special Immigration Appeals Commission's (SIAC) open judgments in cases relating to detention under the Anti-terrorism, Crime and Security Act 2001 will be placed in the Library of the House in the forthcoming weeks. A separate initiative is currently ongoing to place accessible copies of SIAC's open determinations onto a relevant departmental Internet site.
Community Legal Service
asked Her Majesty's Government:Whether the Community Legal Service is meeting its aim of fulfilling the need of legal services for all. [HL2566]
The department commissioned an Independent review of the Community Legal Service, which was published on 28 April 2004 (available on our website: www.dca.gov.uk/pubs/ reports/clsreview.pdf). The evaluation, which was undertaken by Matrix Research and Consultancy, makes a number of recommendations for the future development of the programme, as well as highlighting existing successes. Ministers and officials will be taking the opportunity to consider the findings of the final report in full while welcoming comments from all those with an interest in legal aid.
Electoral Roll
asked Her Majesty's Government:How many people have been excluded from the electoral roll since 1997. [HL2629]
This information is not collected.
Pension Protection Fund
asked Her Majesty's Government:In the context of the Pensions Bill, how they will ensure that the Pension Protection Fund levy is not a burden on individual pension scheme members. [HL2442]
The Pension Protection Fund is just one of the measures the Government are taking to improve protection for members of occupational pension schemes. Its purpose is to strengthen protection for the pensions of individual scheme members by being funded through a levy on schemes, but in such a way as to avoid overburdening levy payers.Rather than being charged directly to individual scheme members the Pension Protection Fund levy will be charged to the defined benefit pension fund via the scheme's trustees. In this way, the levy will represent a debt on the employer in the first instance, although trustees will be left to judge how the levy could be shared as they see fit among employers and employees as one of the overall pensions costs.We appreciate that the PPF levy represents an additional cost for business, but we are seeking to minimise this cost and ensure the levy is calculated in the fairest possible way, and are confident that the benefits will outweigh any burden.Furthermore, the PPF forms part of a substantial and balanced package of measures seeking to ease the financial and administrative burden on employers while offering a sustainable system of protection to individuals. In this way, it is hoped that possible savings made elsewhere through simplification measures will contribute to reducing the effect of the PPF levy on business overall.
Department For Work And Pensions: Means-Tested Benefits And Staff
asked Her Majesty's Government:How much the Government are paying to staff at the Department for Work and Pensions in the form of means-tested benefits; and how the sum is presented in inter-departmental accounts. [HL2460]
The department does not hold this information.
Work At Height Regulations: Mountaineering And Similar Activities
asked Her Majesty's Government:Why the Health and Safety Commission believes that its draft regulations
Proposals for Work at Height Regulations to implement European Council Directive 2001/45/EC, requiring those engaged in mountaineering and similar activities to use double ropes, prepare written risk assessments and clearly indicate danger areas, will improve overall safety. [HL2528]
The proposals for work at height regulations do not require those at work who are engaged in mountaineering and similar activities to use double ropes or to prepare written risk assessments. The regulations will require persons at work to clearly indicate danger areas but this is no more than climbers and cavers do already when following national governing body guidelines.
asked Her Majesty's Government:Whether they will exempt outdoor sports such as maintaineering, caving, hill walking, abseiling, rock climbing and sailing from the scope of draft regulations
Proposals for Work at Height Regulations implementing European Council Directive 2001/45/EC. [HL2529]
Sports, such as mountaineering, caving. hill walking, abseiling, rock climbing and sailing, are not within the scope of the draft regulations. Those employed as instructors or trainers in these activities would be covered by the draft proposals.
Internet: Disabled People
asked Her Majesty's Government:What action they are taking to encourage United Kingdom websites to comply with the minimum standards for web access identified by the Disability Rights Commission in its report
The Web: Access and inclusion for Disabled People. [HL2537]
We are discussing with the Disability Rights Commission how it intends to take forward those recommendations in the report with government and others.
Sport: Eu Competence
asked Her Majesty's Government:Whether discussions have taken place on giving the European Union a legal competence for sport within the proposed European Union constitution. [HL2587]
The draft Constitutional Treaty includes sport as an area of supporting, coordinating or complementary action. Article 111–182 details where European Union action on sport can complement that of member states. The Government are pleased to note that the Irish presidency has carried forward the amendments to Article 182 suggested by the Italian Government during their presidency. In recognising the specified nature of sport, these amendments more fully reflect the Nice declaration on sport.
Local Election Rules
asked Her Majesty's Government:Whether the legal position or other rules in relation to the permissible content of local election campaigning and campaign materials are different when the candidates are elected councillors or other persons. [HL2504]
No. All candidates contesting an election, whether elected councillors or other persons, are subject to the same election rules.
Biological Weapons: Us Sales To Iraq
asked Her Majesty's Government:Further to the answer by the Baroness Symons of Vernham Dean on 15 March (HL Deb, cols 1–3), whether they will report to the Security Council of the United Nations the export by the United States of anthrax and botulinum toxin, the principal components of Iraqi bioweapons programmes, to Iraq given that at the time United States Senators had witnessed Iraq's crimes against Iran and that such materials could be reproduced to produce such weapons. [HL2094]
As I made clear to the right reverend Prelate in the Chamber, it is not the intention of the Government to report to the UN Security Council these exports by the United States. The Government do not believe that there are grounds for such action. The goods in question were exported in full compliance with export controls in place at the time following careful scrutiny by the relevant US licensing authority, which judged that there was no reason to believe that the materials would be used for anything other than legitimate research purposes.Exports of such materials from the United States ceased when it became clear that Iraq was using weapons of mass destruction in the war against Iran, and against its own people at Halabja in 1988.
Afghanistan
asked Her Majesty's Government:What is their assessment of the current situation in Afghanistan in relation to the prospects for free and fair elections, the percentage of voter registration and the proportion of women registered to vote. [HL2526]
The Joint Elections Monitoring Body (JEMB), a joint Afghan Government and UN body, is leading preparations for elections. The Afghan Government are currently considering a draft electoral law and has approved a revised media law, both important steps in preparing for free and fair elections. The UK is committed to supporting the electoral process. Last year we contributed £10.55 million to support election registration. We have pledged a further £0.5 million for voter education and £2.77 million to support preparations for the elections themselves. We are working with the UN, coalition parties and NATO to consider how the international community can support the Afghan Government in delivering security to the election process.Phase I of voter registration (in Kabul and regional centres) has been completed, and Phase II (designed to reach more rural areas) was launched on 1 May. As of 22 April 18.6 per cent of the target electoral roll has been registered (1,859,992 of 10,000,000); of which 30 per cent (551,693) were women.
Bangladesh
asked Her Majesty's Government:Further to the Written Answer by the Baroness Symons of Vernham Dean on 17 March
(WA 45), what was the outcome of the discussions held with donor colleagues in advance of the Bangladesh Development Forum in May on the most appropriate way to raise concerns about continued unrest in the Chittagong Hill Tracts region. [HL2538]
Discussions between partners on how to approach the Bangladesh Development Forum (from 8 to 10 May) are ongoing. However we expect donors to raise concerns over the problems facing the Chittagong Hill Tracts (CHT).Our High Commission in Dhaka is also pursuing other means to highlight these concerns to the Government of Bangladesh. At the UK's suggestion, EU Heads of Mission visited the CHT from 22 to 24 March. The visit included touring relief efforts in the Mahalchari area, where the homes of over 300 indigenous families were destroyed in an attack in August 2003. Rebuilding and rehabilitation is being co-ordinated by the UN Development Programme, funded by a number of donors, including through the Foreign and Commonwealth Office's Directorate Programme Budget. EU Heads of Mission also met local leaders and government representatives in Khagrachari and Rangamati, in both emphasising the need for lasting and peaceful solutions for the area, and that further attacks like that in Mahalchari were unacceptable.
Iraq: Transitional Administrative Law And Human Rights
asked Her Majesty's Government:Further to the Written Answer by the Baroness Symons of Vernham Dean on 19 April
(WA 5), whether the Coalition Provisional Authority or the coalition forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to
the people of Iraq for breaches of those rights by the authority or the forces. [HL2545]
The Coalition Provisional Authority (CPA) and the coalition forces as occupying powers in Iraq are required to conduct themselves in accordance with the rules of international law, which includes respecting the human rights of the Iraqi people. The CPA and the coalition are also responsible for upholding the law of the land, which until a new constitution has been agreed by the Iraqis is the Transitional Administrative Law (TAL). We take very seriously any allegations alleging breaches of human rights. Iraqis will have recourse to the Iraqi justice system for any infringements of their rights in the TAL. For incidents relating to UK personnel, it is standard practice for an independent investigation to be undertaken if there is any doubt as to whether the appropriate rules of engagement have been adhered to. If an investigation concludes that there was wrongdoing on the part of UK personnel, appropriate disciplinary measures will be taken, including criminal proceedings where necessary.
Iraq: Special Tribunal
asked Her Majesty's Government:How they will ensure that the Iraqi Special Tribunal has the necessary independence and impartiality and other characteristics needed to comply with international human rights law. [HL2547]
A committee of the Iraqi Governing Council drafted the Statute of the Iraq Special Tribunal with assistance from the Coalition Provisional Authority (CPA) Office of Human Rights and Transitional Justice. The UK provided comments on the statute through the UK Special Representative for Iraq's office and the CPA Office of Human Rights and Transitional Justice. Our comments were focused on the application of international law and the scope of the tribunal.Iraqi judges and prosecutors, who will be involved in the Special Tribunal, are receiving international training in international human rights standards and international law.The statute setting up the tribunal also includes provision for international assistance to the court, for example through the appointment of international advisors and observers to the court. These personnel will help to monitor the judicial process to ensure due process.
asked Her Majesty's Government:Whether the Iraqi Special Tribunal is bound to act in a way that is compatible with international human rights law. [HL2548]
On 10 December 2003 the Iraqi Governing Council established by statute the Iraqi Special Tribunal to try major crimes committed under the former Ba'athist regime. The Transitional Administrative Law signed on 8 March 2004 will serve from 30 June 2004 as the Supreme law of Iraq until the formation of an elected government. It contains fundamental rights and freedoms and confirms the establishment of the tribunal and the independence of the judiciary. The court's statute provides for international assistance to the court, for example through the appointment of international advisers and observers to the court. These personnel will help to monitor the judicial process to ensure due process.
Cyprus
asked Her Majesty's Government:Whether they are involved in discussions concerning the withdrawal of Turkish armed forces, now in occupation of northern Cyprus; and what is the relationship between this and Turkey's application for membership of the European Union. [HL2559]
The UK was closely involved in support of the UN Secretary General's efforts to broker a Cyprus settlement. An integral element of the UN Secretary General's comprehensive proposals was the demilitarisation of the island and progressive withdrawal of foreign troops (both Greek and Turkish)—ultimately leaving just 950 Greek and 650 Turkish troops. Unfortunately the plan has not been accepted by both sides—therefore there is no agreement on early withdrawal of Turkish troops. We continue to believe the UN Secretary General's proposals offer the best prospect for a fair, just and viable future for the island. We see no other possible basis for a settlement.A Cyprus settlement is not a precondition for opening of EU accession negotiations with Turkey.
European Court Of Human Rights
asked Her Majesty's Government:Whether they will seek an increase in the contributions made by member states of the Council of Europe to ensure that the European Court of Human Rights has sufficient resources. [HL2563]
The Government await the results of the review that will be carried out this year by the Council of Europe's Internal Auditor on the current three-year programme for the European Court of Human Rights before making a judgment on whether Council of Europe member states' contributions will need to be increased to ensure that the European Court of Human Rights has sufficient resources.
Additional resources have already been found to fund the current three-year programme (2003–05) which has seen the enhancement of the budget for the Court and other departments involved in the execution of judgments of the Court.
Where necessary, such as with the reform of the European Court of Human Rights, the Government have given extra funds to ensure that the Council of Europe's core work is not neglected. However, we believe that all areas of the organisation's activity should be constantly reviewed and prioritised within the discipline of zero real growth.
Cameroon: Human Rights
asked Her Majesty's Government:Whether they have discussed with the Government of the Cameroon Republic the implementation of the United Nations Special Rapporteur's recommendations for ending torture and extrajudicial killings and the recommendations in Chapter 8 of the
Report on Torture in the Cameroon, published in June 2002 by the Medical Foundation for the Care of Victims of Torture; and, if not, whether they will do so. [HL2583]
Working closely with the Commonwealth and our EU and other partners, we maintain an intensive dialogue with the Cameroonian Government about governance and human rights. We are looking closely at the UN Committee Against Torture's recent assessment of how much progress Cameroon has made in implementing the Special Rapporteur's recommendations, and recommendations for further action. We are also supporting a number of projects to improve conditions in Cameroon's prisons and we offer support to members of the Cameroon branch of Action by Christians Against Torture.
Iran And Iraq: Movements Of Armed Groups
asked Her Majesty's Government:Whether they have any evidence to show that Revolutionary Guards and other armed groups have moved into Iraq from Iran; and, if so. what representations they are making to Iran; and what other counter-measures are being taken. [HL2584]
We monitor the activities of all armed groups in Iraq, including those with alleged connections to Iran. We are in regular contact with the Iranian authorities, which are fully aware of the coalition's policy towards armed groups, and know that we will not tolerate any activity designed to undermine the progress of the coalition. The Iranian Government have stressed that they share our interest in peace and stability in Iraq. We have discussed ways to enhance security on the Iran/Iraq border.
Middle East: Gaza And West Bank Settlements
asked Her Majesty's Government:What action they are taking to ensure that unauthorised settlement outposts in the Occupied West Bank are removed in accordance with international law. [HL2541]
This can best be achieved through implementation of the road map, phase one of which obliges Israel to remove these outposts. We continue to do all we can, in our contacts with the parties and others, to secure a return to the road map. The Quartet Principals' meeting and statement of 4 May were useful steps in this direction. A copy of the statement has been placed in the Library of the House.
asked Her Majesty's Government:What detailed assessment they have made of Prime Minister Sharon's proposal to withdraw settlements from the Gaza Strip, including plans to retain border controls and military installations; what benefits there will be for Palestinians in Gaza; and how the proposal will fit into the road map. [HL2640]
We welcomed Prime Minister Sharon's announcement that he intends to withdraw all settlements from Gaza and a number from the West Bank, and to order a significant military redeployment, as a significant step consistent with the road map route to the two-state solution. The dismantling of settlements would be a real step forward, in line with phase I of the road map, which calls for settlements to be frozen and outposts dismantled.Withdrawal of settlements and the Israeli Defence Force from Gaza would be beneficial to the Palestinians in practical terms, improving freedom of movement and releasing agricultural land. We have urged the Israelis to withdraw fully. If they do, it would also stimulate renewed international support to enable the Palestinian Authority to built its capacity to deliver services. We are working with the Palestinians to ensure that they can make the best use of Israeli withdrawal to improve the daily lives of the Palestinian population.As the Quartet indicated in its statement of 4 May, we support these proposals on the basis that they do not prejudice negotiations on the final status issues between the parties, as laid down in the road map, and as a route to the goal of a two-state solution with Israel secure within its borders and living at peace with its neighbours, and Palestine established as a viable, contiguous state.
Clinical Research Funding
asked Her Majesty's Government:Following the Budget announcement of additional funding of £200 million for clinical research over a four-year period and the further announcement that £100 million of this sum will be routed to the Medical Research Council through the Department of Health, what steps are being taken to ensure that the remaining £100 million will be made available to the council. [HL2568]
In his Budget speech on 17 March the Chancellor confirmed that the combined budget for medical research and research and development within the National Health Service will rise and by 2008 will approach £1.2 billion a year. The Secretary of State for Health has announced additional funding for NHS research and development of £25 million each year for the next four years. The allocations to the research councils (including the Medical Research Council) by the Department of Trade and Industry are still to be announced.
Emissions Trading: Eu National Allocation Plans
asked Her Majesty's Government:How many member states of the European Union have submitted their national allocation plans to the European Commission, as required by the Emissions Trading Directive; and when the Government intend to submit theirs. [HL2586]
The UK submitted their national allocation plan to the European Commission on Friday 30 April 2004. At this time, eight other member states had submitted their plans to the Commission.
Salmon And Freshwater Fisheries Review
asked Her Majesty's Government:What progress has been made towards implementing the Moran committee report on the review of salmon and freshwater fisheries, published in 2000. [HL2607]
The response of the Moran committee to the Salmon and Freshwater Fisheries Review Group report was considered in formulating the Government's response to the report, which accepted the large majority of the review group's recommendations.Parliamentary time has not yet been found for new salmon and freshwater fisheries legislation. Nonetheless, the Government recognise that legislation is needed and remain committed to introducing such legislation when time permits.In the mean time, a number of the recommendations of the review group, not requiring new primary legislation, have been implemented, including those on habitat improvements work, monitoring and research and development, establishment of a new national fish movements enforcement team, removal of the canal close season, except in areas of special conservation value, and actions to reduce exploitation of eels.
Angling
asked Her Majesty's Government:Whether the Environment Agency has established a forum to co-ordinate the interests of those involved in the voluntary sector for angling and fishing. [HL2612]
The Environment Agency has not, nor does it intend to establish a forum to co-ordinate the interests of those involved in the voluntary sector for angling and fishing. The Environment Agency is committed to working with angling interests in developing angling, but does not believe it is its role to co-ordinate an angling forum. The Government agree with the agency's view, and that of the Salmon and Freshwater Fisheries Review Group, that such a forum is one for the angling governing bodies to establish.