Written Answers
Monday, 13 December 2004.
Northern Ireland: Assets Recovery Agency
asked Her Majesty's Government:What they estimate to be the total cost of the Assets Recovery Agency in Northern Ireland for 2004–05 and 2005–06; whether they will allow full reinvestment of assets seized into enhanced operations; whether they will bring forward the date for such reinvestment from April 2006; and what value of assets has so far been siezed. [HL27]
The allocation of budget and resources to the Assets Recovery Agency is a matter for the Home Office. The Asset Recovery Agency's budget for 2004–05 is £15.5 million of which £3.64 million has been allocated to the Northern Ireland arm of the agency. I anticipate that similar resources will be allocated to the agency for the United Kingdom in 2005–061.My right honourable friend the Home Secretary is currently considering proposals for an incentivisation scheme to operate from 2006–07 onwards whereby all agencies will receive 50 per cent of the receipts that they recover. There are no plans to increase the amount for re-investment or to bring forward the date of the new scheme.The agency is actively investigating cases with a total asset value in excess of £4 million and as at 23 November 2004 had frozen assets totalling £3,711,567.91.
1 Based on current Home Office estimates.
Illegal Dumping: Psni/Garda Siochana Co-Operation
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 18 November (
WA 183), what is the evidence, in terms of seizures, charges and convictions, to sustain the claim that "there are excellent levels of co-operation between the Police Service of Northern Ireland and An Garda Siochana" in dealing with those who are endangering public health through criminal activity in the area of waste disposal and transportation; and what are the figures for such seizures, charges and convictions in 2001, 2002 and 2003. [HL79]
The Environment and Heritage Service of the Department of Environment has primary regulatory responsibility for tackling illegal dumping in Northern Ireland.EHS has been assisted by both the Police Service of Northern Ireland and An Garda Siochana in a number of investigations and operations which have led to cases being referred for prosecution and others which are still under investigation.The PSNI are very satisfied with the current levels of co-operation by all of the agencies involved in these investigations.It is not, however, possible to identify specific operational successes resulting from this co-operation.
Northern Ireland: Criminal Justice Directorate
asked Her Majesty's Government:What government bodies the Criminal Justice Directorate has met since June. [HL142]
As part of the Northern Ireland Office, the Criminal Justice Directorate advises on and implements the Government's criminal justice policies in Northern Ireland. It works with a very wide range of other Government bodies, including both Northern Ireland and Whitehall departments, agencies and other publicly-funded organisations.Since June 2004, officials within the Criminal Justice Directorate have met representatives of the following bodies:
- Cabinet Office
- Compensation Agency
- Coroners Service
- Council for the Curriculum, Examinations and Assessment
- Criminal Injuries Compensation Appeals Panel
- Criminal Injuries Compensation Authority
- Criminal Justice Inspectorate Northern Ireland
- Crown Solicitors Office
- Department of Agriculture and Rural
- Development, Northern Ireland
- Department of Employment and Learning, Northern Ireland
- Department of Education, Northern Ireland
- Department of Finance and Personnel, Northern Ireland
- Department of the Director of Public Prosecutions for Northern Ireland
- Department of Health, Social Services & Public Safety, Northern Ireland
- Down & Lisburn Health & Social Services Trust
- Eastern Health Social Services Board
- Forensic Science Northern Ireland
- Foyle Health & Social Services Trust
- Health Estates Agency
- Home Office
- Judicial Studies Board
- Northern Ireland Court Service
- Northern Ireland Fire Service
- Northern Ireland Housing Executive
- Northern Ireland Prison Service
- Northern Ireland Statistics and Research Agency
- North & West Belfast Health & Social Services Trust
- Northern Health & Social Services Board
- Office for Criminal Justice Reform
- Office of the Justice Oversight Commissioner
- Office of the First Minister and Deputy First Minister
- Planning Service for Northern Ireland
- Police Ombudsman for Northern Ireland
- Police Service of Northern Ireland
- Probation Board for Northern Ireland
- Royal Group of Hospitals Trust
- Scottish Executive
- Social Services Inspectorate
- South & Eastern HSS Trust
- South Eastern Education & Library Board
- Southern Health & Social Services Board
- State Pathologist's Department
- Western Health & Social Services Board
- Youth Justice Agency Northern Ireland
- Youth Justice Board for England & Wales.
Ulster-Scots Agency
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 21 October (
WA 94) concerning the minutes of the meetings between the Ulster Scots Agency and the Department for Culture, Arts and Leisure, whether the documents will be excluded from inspection from 1 January 2005 under part 2, paragraph 2 of the Code of Practice on Access to Government Information. [HL259]
The Freedom of Information Act 2000, which comes into effect on 1 January 2005, will supersede the Code of Practice on Access to Government Information.
Northern Ireland Events Company
asked Her Majesty's Government:On what date consultation took place between the Northern Ireland Department of Culture, Arts and Leisure and the Northern Ireland Events Company concerning that company's budget for the next four years; and who attended the meetings. [HL262]
As is normal practice, consultation on the draft budget takes place after its publication. A meeting between the Northern Ireland Events Company and relevant departmental officials was held on 5 November 2004.
Northern Ireland Department Of Culture, Arts And Leisure: Funding
asked Her Majesty's Government:Further to the Written Answer by the Lord President on 1 December (
WA 5), why there was an underspend for the Northern Ireland Department of Culture, Arts and Leisure in 2003–04; which sections were underspent; and by how much. [HL264]
I refer the noble Lord to the Written Answer given on 18 October (WA 70), which disclosed outline details of the department's underspend for 2003–04 based on the latest unaudited results available at the time.The department's audited resource account has now been laid before Parliament and details of the variance between the departmental budget and actual expenditure incurred for the year may be found therein.
Judicial Pensions
asked Her Majesty's Government:In relation to their proposals concerning judicial pensions, how many judges indicated that they would resign if the changes were not brought forward; and whether any judges had deposited letters of resignation should these proposals not be brought forward. [HL227]
Senior judges and judges' representative organisations—including those from Scotland and Northern Ireland—expressed the opinion during consultation on the pensions tax changes that the strength of feeling about their implications was sufficient to lead to the resignation of serving judges. No letters of resignation on such grounds have been received by my department.
Incitement To Racial Hatred: Prosecutions
asked Her Majesty's Government:How many prosecutions have been brought, during the period for which there are official records, for the offence of incitement to racial hatred. [H L169]
The offences of incitement to racial hatred are set out in Part III of the Public Order Act 1986, Sections 18 to 23. Official records have been kept on an offence basis since 1994 and these show that from 1994 to the end of November 2004 there have been 37 prosecutions for offences of incitement to racial hatred.
Eu Constitutional Treaty
asked Her Majesty's Government:Whether for the provisional version of the constitution for the European Union, signed in Rome on 29 October, they will list each article or other part:
As announced by Her Majesty the Queen on 23 November, a Bill will be introduced this Session which will give effect to the Constitutional Treaty for the EU, subject to a referendum of the British people, through amendment to the European Communities Act 1972. No further legislation will be required for the enactment of this treaty.
Cyprus: Mine Clearance
asked Her Majesty's Government:Whether the European Union funds for the "Partnership for the Future" programme are available to meet Turkish costs incurred in the removal of still hazardous mines in Cyprus. [HL195]
The Republic of Cyprus began de-mining activities on 18 November. These are funded by the European Union through its "Partnership for the Future" programme at an estimated cost of £2.5 million euros.We welcome a statement made by Mr Talat, elected leader of the Turkish Cypriot Community, on 18 November in which he said that the Turkish Cypriots would sign an agreement with the United Nations soon which would allow them to begin mine clearing operations. The European Commission's approach is based on even-handedness and future funding would be available through the "Partnership for the Future" programme on completion of the agreement.
Indigenous Peoples
asked Her Majesty's Government:Whether they will promote a resolution at the United Nations Human Rights Commission in 2005 to enable the working group on the draft Declaration on the Rights of Indigenous Peoples to continue. [HL182]
The UK worked hard in the final session of the working group under its current mandate to promote solutions that would allow a strong declaration to be agreed. However, a number of issues remained on the table at the end of the session. We understand that the chair of the working group will make a recommendation to the Commision on Human Rights to allow a short extension of the working group's mandate so it can complete its work. The UK will look constructively at any such proposal.
asked Her Majesty's Government:Whether it is their view that no collective rights should be included in the draft Declaration on the Rights of Indigenous Peoples; and, if so, whether they will publish the documents on which they base that view. [HL201]
The UK Government welcome the fact that many states with indigenous populations have granted them various collective rights in their national constitutions, laws and agreements. The UK has made clear in its statements to the UN working group that it has no objection to such rights being reflected in the UN Declaration on the Rights of Indigenous People. However, the UK believes that it is important that these rights, bestowed nationally, remain distinct from individual human rights in international law, since human rights are universal and equal to all human beings. We believe that this distinction can be accommodated in a strong and meaningful declaration, such that indigenous people are assured their human rights on an equal footing with all individuals; and—separately and in addition—can hold recognised collective rights, specific to indigenous peoples.
Minorities
asked Her Majesty's Government:Whether they still adhere to the rights of minorities set out in the document of the Copenhagen meeting of the Conference on the Human Dimension of the Commission on Security and Cooperation in Europe, approved by participating states, including the United Kingdom, in June 1990. [HL202]
The document of the Copenhagen meeting of the Conference on the Human Dimension of the CSCE in 1990 refers to the rights of persons belonging to national minorities, rather than the rights of minorities as groups. This is an important disinction, since human rights in international law apply equally to all individuals and are not the prerogative of particular groups. The Government consider that the rights referred to in the document in question, including those relating to national minorities, remain valid and helpful, and it continues to abide by them.
Equal Pay
asked Her Majesty's Government:Whether they intend to include in the legislation for a single Commission for Equality and Human Rights a specific duty for public sector employers to monitor pay by reference to gender and ethnicity. [HL51]
As part of the legislation to create the Commission for Equality and Human Rights (CEHR), the Government intend to introduce a general duty on public bodies to promote gender equality. The duty will require public bodies to have due regard to the need to eliminate unlawful discrimination as defined in the Sex Discrimination Act and the Equal Pay Act, and to promote equality of opportunity between men and women when carrying out their functions, which include their employment responsibilities. The legislation will provide for the introduction of specific duties through secondary legislation setting out more detailed requirements to enable public bodies to fulfil the general duty effectively. The detail of the specific duties will be developed following a full public consultation process.
Reserve Forces
asked Her Majesty's Government:How many cases since 1996 have come before a reinstatement committee established under the Reserve Forces (Safeguard of Employment) Act 1985 in consequence of compulsory mobilisation of Reserve Forces. [HL171]
Since February 2003 we are aware of a total of 23 applications made under the Reserve Forces (Safeguard of Employment) Act 1985, of which eight have come before a reinstatement committee. Due to the very low number of applications made prior to that date, the information was not held centrally and could be provided only at disproportionate cost.
Ministry Of Defence: Equipment Planning
asked Her Majesty's Government:Which section within the Ministry of Defence has responsibility for systematically reviewing existing platforms and systems, and for considering whether it would be more cost effective to enhance and extend the life of such systems as an alternative to introducing new platforms and systems. [HL134]
Capability requirements are identified during the course of the Ministry of Defence's equipment planning round. When a capability gap is identified and a decision taken to fill it, the best method of delivering that capability is adopted. As part of this process, decisions are taken either to extend the life of existing equipment or procure new equipment.The equipment capability customer (ECC) has responsibility for identifying the capability required to meet the United Kingdom's defence objectives, for translating those requirements into an approved equipment programme and for acting as lead customer for the requirement until it enters service. The ECC works closely with "customer 2", the frontline and logistics organisations, who are responsible for converting the capability provided by the ECC into a military capability, managing the equipment in-service and for providing relevant advice and expertise to support the ECC's remit to optimise future capability.
Regimental Charities
asked Her Majesty's Government:How the Freedom of Information Act 2000 will affect regimental charities. [HL204]
Regimental charities are not considered public bodies for the purposes of the Freedom of Information Act 2000.
Sure Start
asked Her Majesty's Government:How many Sure Start schemes there are; and how many of these schemes work with grandparents and extended kin who care for young children; and [HL122]What funding is available to Sure Start schemes to encourage their work with grandparents and extended kin who care for young children. [HL123]
There are 524 Sure Start local programmes and 107 early excellence centres across the country delivering services to young children and their families. We do not hold information on the number of these programmes that work with grandparents and extended kin or the amount of grant that is spent on these activities. But we know that grandparents and extended family members are actively involved in most programmes in a range of activities to support parents and young children; some sit on governing partnerships.
Roundabouts: Design
asked Her Majesty's Government:Whether they intend to issue new guidance to planning authorities that will integrate advice on road safety, sensitive street lighting, environmental and landscape considerations and the need to avoid over-scale developments and unnecessary land-take for splays when new roundabouts are constructed. [HL256]
Standards for the design of roundabouts on trunk roads and motorways are the responsibility of the Highways Agency and guidance is published in the Design Manual for Roads and Bridges. The design manual is recommended as good design practice to other highway authorities, but it is their responsibility to decide the extent to which the documents in the manual are appropriate in any particular situation.The standard includes advice on geometric layout, safety, road lighting and landscaping at roundabouts. It is currently being reviewed and a new standard is expected to be published in 2006.There are no plans to issue further guidance to local planning authorities. However, the Office of the Deputy Prime Minister is working closely with the Department for Transport to develop a manual for streets (MFS). MFS will give guidance on the design of residential roads, with a view to improving the quality of the local street environment, but the emerging design principles might equally apply to other categories of road.
Tourism: Exchange Rate Costs
asked Her Majesty's Government:How much has been lost in potential income to the United Kingdom tourism and leisure industry, and hence in tax revenue, as a result of inbound tourists from euro-zone countries reducing their spending to compensate for financial loss in exchanging euros into sterling; and whether this loss of revenue would be recovered in full if the United Kingdom joined the euro. [HL224]
The latest figures published by the ONS reveal that real earnings from EU tourists have grown on average by approximately 5 per cent per annum over the past three years.
Research Ethics Committees
asked Her Majesty's Government:How long it takes on average for the multi-centre research ethics committee to consider cases submitted to it from the date when they are submitted until a decision is made; and whether they have any plans to reduce this timescale; and [HL245]Whether the multi-centre research ethics committee meets in public; and [HL246]Why the multi-centre research ethics committee does not take evidence from the applicant in person; and [HL247]How the multi-centre research ethics committee is regulated; and to whom it is accountable; and [HL248]Who are the members of the multi-centre research ethics committee; how are they appointed; and for how long they serve; and [HL249]What is the remit and role of the multi-centre research ethics committee. [HL250]
The information requested was not collected centrally prior to the introduction in March 2004 of a new operating system at the Central Office of Research Ethics Committees.
The average time taken by multi-centre research ethics committees (MREC) to deal with applications submitted in May 2004 was 50 days. Preliminary data for subsequent months show an improvement in this aspect of MREC performance.
Research ethics committees (RECs) meet in private. They need to be able to discuss freely the proposals that come before them which are confidential and frequently contain material which is commercially sensitive, or involves unpublished intellectual property. However, the outcome of the Committee's discussion is in the public domain. Applicants may be invited to attend MREC meetings.
For the purpose of review of clinical trials of medicinal products, the MRECs are recognised by the United Kingdom Ethics Committee Authority, which has approved their standard operating procedures. For other research, the English MRECs operate under the policy published as governance arrangements for NHS research ethics committees (GAfREC) on the Department of Health's website (www.dh.gov.uk). The Central Office of Research Ethics Committees provides operational oversight and management support on behalf of the department. MRECs are independent with regard to their opinion on the ethical standards of the applications they review.
MRECs have a maximum of 18 members, of whom at least one-third must be lay members. The remainder are health professionals (drawn from a variety of disciplines) and other experts. Appointments are made by an open process, compatible with the Nolan standards, as required by department policy laid down in the GAfREC. This includes public advertisement or advertisement through professional networks, as appropriate. Membership of each committee is listed in each MREC's annual report, and applicants are provided with a list of those present at the meeting at which their application was considered.
There are 13 MRECs, of which 11 are in England, two in Scotland and one in Wales. The opinion of any one MREC covers the whole of the United Kingdom.
The remit and role of RECs (including MRECs) is published in full in the GAfREC. In brief, their role is to provide independent advice to participants, researchers, funders, sponsors, employers, care organisations and professionals on the extent to which proposals for research studies comply with recognised ethical standards.
The work of all RECs is currently under review. The review group, chaired by Mr Michael O'Higgin, has been asked to recommend steps to improve the efficient operation of the REC system. building on changes already under way.
Foot And Mouth Disease
asked Her Majesty's Government:Following the publication of the report of the European Court of Auditors, whether they will now hold a full inquiry into the handling of the foot and mouth epidemic. [HL146]
The Government have already commissioned reports from two independent inquiries into the outbreaks of foot and mouth disease (FMD) in 2001, namely, the FMD 2001: lessons to be learned inquiry and the Royal Society's report on infectious diseases in livestock. Both of these reports were published in July 2002. In addition, the adequacy of contingency planning for an outbreak, the speed and effectiveness of FMD eradication and the cost-effectiveness of the action taken by the Government was the subject of a comprehensive examination by the Comptroller and Auditor General, whose report was published by the National Audit Office in June 2002. A further inquiry would serve no meaningful or useful purpose.
M4: Accidents
asked Her Majesty's Government:Whether there has been an increase in the number of accidents causing death, injury and long delays on the M4 motorway between junctions 10 and 12 in each direction during 2004 to date; and [HL160]Whether they will examine new methods to deal with accidents on the M4 motorway between junctions 10 and 12 more quickly and effectively to reduce delays on the motorway and mitigate the resulting disruption to traffic in surrounding areas; and [HL161]How many serious accidents on the M4 motorway between junctions 10 and 12 during 2004 to date involved heavy goods vehicles; and [HL162]Whether they will extend the lighting of the M4 motorway from junction 8/9 to junction 12. [HL163]
The most recent and verified accident data for this year cover the period from 1 January to 30 June. During this period, there has not been a statistically significant increase in the number of accidents causing death, injury and long delays on the M4 motorway between junctions 10 and 12 in each direction. Three of the accidents between these junctions involved heavy goods vehicles.Accident statistics for the period 1 January 2004 to 30 June 2004 are as follows:
| January | February | March | April | May | June | Total | |
| Fatal | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Serious injury | 1 | 1 | 0 | 0 | 0 | 0 | 2 |
| Slight injury | 1 | 1 | 4 | 3 | 4 | 3 | 16 |
| Total | 2 | 2 | 4 | 3 | 4 | 3 | 18 |
Channel Tunnel Rail Link: Removal Of Spoil
asked Her Majesty's Government:What assurances were given by the developer of the Channel Tunnel Rail Link about removal by rail or road of spoil from the workings in the Kings Cross area. [HL180]
As far as practically possible, CTRL spoil is reused for construction purposes or disposed of along the route corridor. The spoil and waste disposal strategy to which London & Continental Railways is committed requires rail transport for movements off site where practical and convenient; if that strategy is changed, the resulting environmental impacts must be assessed as being no worse across the whole CTRL project.
asked Her Majesty's Government:What weekly volumes of spoil from the Channel Tunnel Rail Link are planned to be removed from the Kings Cross sites by (a) rail; and (b) road, over the next three months. [HL181]
Weekly figures are not readily available. However, in December, 5,000 tonnes of spoil are due to be removed by rail and 36,000 tonnes by road. In January 2005, 36,000 tonnes are due to be removed by road and in February, 4,000 tonnes by road. The railhead closes on 10 December as it is severed by CTRL construction work, but some 910,000 tonnes of spoil have been removed this way to date. Closure of the railhead has been delayed by three months to allow the removal by rail of some 46,000 tonnes of spoil arising from the construction of the new Thameslink station box.
Railways: Level Crossings
asked Her Majesty's Government:Whether they intend to replace busy railway level crossings with bridges on high speed lines. [HL196]
This is an operational matter for Network Rail, as the infrastructure manager. Network Rail regularly risk assesses and looks at the needs at each particular crossing.
asked Her Majesty's Government:What discussions they have had with Somerset County Council on the replacement of the level crossing at Silk Mills Lane, Taunton, with an overbridge. [HL197]
Since September officials at the Department for Transport have been in discussion with Somerset on the final appraisal of the north-west Taunton package following appoval of the compulsory purchase order for the scheme. In addition the department has received a letter from Councillor Carroll and an email from the leader of the council, both dated 8 November, which set out Somerset's position in relation to the scheme.
asked Her Majesty's Government:What evaluation they have carried out of the time-saving and safety benefits which would follow the replacement of the level crossing at Silk Mills Lane, Taunton, with an overbridge. [HL198]
The replacement of the level crossing at Silk Mills Lane, Taunton, with an overbridge was assessed as part of the north-west Taunton package (NWTP), which the Government announced had been given full approval to proceed on 2 December. This scheme comprises a number of elements:
- A new park and ride site on the outskirts of Taunton;
- Replacement of the rail level crossing with a bridge;
- Various junction improvements and bus priority measures within Taunton.
Network Rail: Investment
asked Her Majesty's Government:What is the level of investment planned by Network Rail since the Office of the Rail Regulator's review; and by how much this investment is underspent. [HL199]
Network Rail's business plan shows projected total expenditure on operation. maintenance and investment on the network to be £26 billion between 2004–05 and 2008–09.Progress on meeting the projection is a matter for Network Rail who will write to the noble Lord directly.
Vehicles: All-Wheel Braking
asked Her Majesty's Government:Whether proposals have been made for a European Union directive or an amendment to the Construction and Use Regulations that would prohibit the use of road vehicles without braking on all wheels. [HL233]
No such proposals have been made. Motor cars and heavy motor cars registered since 1 January 1968 are already so prohibited.
asked Her Majesty's Government:What is the age of the newest vehicle, apart from agricultural and plant vehicles, that can be legally used on United Kingdom roads without all-wheel braking. [HL234]
Under the Road Vehicles (Construction and Use) Regulations, motor cars and heavy motor cars first used on or after 1 January 1968, and which are not works trucks or pedestrian controlled vehicles, must be braked on all wheels. Thus the newest motor car or truck without all-wheel braking to be permitted on the public highways of the UK would have been used for the first time on 31 December 1967.If a vehicle is propelled by steam, and if the engine is capable of being reversed, the engine is deemed to be a braking system and thus one of the two braking methods required so such a vehicle is not required to have all-wheel braking. Locomotives and motor tractors (which pull rather than carry loads) and trailers carrying abnormal indivisible loads with a combined gross vehicle weight over 150 tonnes are also not required to have all-wheel braking.
asked Her Majesty's Government:What is their best estimate of the number of accidents that have been caused by vehicles not having braking on all wheels. [HL235]
Information in this format is not collected.
asked Her Majesty's Government:Whether they have commissioned any research into accidents that may have been caused by the operation of vehicles without all-wheel braking. [HL236]
No research into all-wheel braking on motor vehicles has been commissioned, but a project is currently considering very specific issues relating to the operation of parking brakes on light trailers. In addition, braking is one of many factors considered in the course of accident investigation projects sponsored by the Department for Transport, such as the On the Spot accident study and the heavy vehicle accident study.