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Written Answers

Volume 667: debated on Monday 20 December 2004

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Written Answers

Monday, 20 December 2004.

Northern Ireland: Liquor Licences

asked Her Majesty's Government:How many liquor licences were in use in Northern Ireland in 2003 in respect of:

  • (a) public houses;
  • (b) restaurants;
  • (c) hotels;
  • (d) clubs; and
  • (e) other types of premises;
  • and what fees were paid for those licences in 2003. [HL213]

    The information held by the Department for Social Development in respect of liquor licences in use in Northern Ireland during 2003 is detailed below:

    Premises licensed to sell alcoholLicences in use in 2003
    Public Houses1,521
    Restaurants409
    Hotels154
    Other Premises (including 388 off-licences)472
    Total2,556
    The total number of private members' clubs registered in 2003 was 554.Licences are normally granted or renewed by the courts for the duration of a licensing period which currently runs from 1 October 2002 to 30 September 2007. For private members' clubs the registration period is 1 April 2002 to 31 March 2007.Fees for the licensing of premises and the registration of clubs are the responsibility of the NI Court Service and details of amounts paid in 2003 are not held by the department. The schedule of current fees is available on the NI Court Service website

    www.courtsni.gov.uk

    Afghanistan: Nato Support

    asked Her Majesty's Government:Whether they are continuing to make representations to NATO allies such as Italy and Spain on the need for all NATO members to deliver their agreed contributions of personnel and material to allied forces in Afghanistan; and what response they are receiving to such representations. [HL175]

    The Minister of State, Foreign and Commonwealth Office
    (Baroness Symons of Vernham Dean)

    All the agreed contributions of personnel and material pledged by NATO members to support Stage 1 of NATO's planned expansion of the International Security Assistance Force (ISAF) mission (to the north) have been delivered. Additional pledges covering the presidential elections in October were also fulfilled, with Spain and Italy each providing a battalion to assist with security during the election period. Other nations also provided additional resources.NATO repeated its commitment to Afghanistan at the informal meeting of NATO Foreign Ministers in Brussels on 8–9 December. NATO has made progress implementing Stage 2 expansion of ISAF to western Afghanistan and is now aiming to accelerate this in order to provide support for the parliamentary elections scheduled for Spring 2005. Italy announced at the meeting that it will run the Provincial Reconstruction Team (PRT) in Herat and also the related foward support base, in co-operation with the United States and other nations. But NATO still requires further resources to complete Stage 2. We will continue our efforts to support NATO in pressing potential contributors to commit part or whole PRTs or wider force enablers.

    Turkmenistan

    asked Her Majesty's Government:What conditions they propose to set for any increase or renewal of European Union aid to Turkmenistan; and whether they will seek to ensure that the response of the European Union, the Organisation for Security and Cooperation in Europe (OSCE), the United Nations and other International bodies reflect the recommendations of the OSCE Rapporteur on Turkmenistan. [HL279]

    European Union aid to Turkmenistan is provided through the Technical Assistance to Commonwealth of Independent States (Tacis) programme. The current Tacis programming document states that allocations to Turkmenistan will be determined by evidence of progress in democracy and human rights.The United Kingdom has consistently worked with the European Union and other international organisations to encourage the Turkmen Government to respond to the recommendations of the Organisation for Security and Co-operation in Europe (OSCE) Special Rapporteur. We supported the successful tabling of resolutions at the 59th and 60th sessions of the United Nations Commission on Human Rights in 2003 and spring 2004 and also at the Third Committee of the UN General Assembly in 2003 and again in November 2004. These highlighted the need for the International Committee of the Red Cross (ICRC) to have access to all prisoners, including those detained in connection with the attempted coup of November 2002.Our ambassador has separately lobbied the Turkmen Foreign Minister on this issue, most recently on 24 November. He has also recently taken an opportunity to remind the Foreign Minister of the need for positive engagement with the new head of the OSCE Mission when (s)he is appointed.We will continue to work with all interested parties for progress in democracy and human rights in Turkmenistan.

    G8: African Issues

    asked Her Majesty's Government:In relation to G8 discussions of African issues:

  • (a) what priority they will give to deterring corruption on the part of the private sector and governments;
  • (b) what objectives in this regard they propose for the G8; and
  • (c) how they propose the G8 should achieve them. [HL316]
  • The Government will continue to accord a high priority to deterring and combating corruption, including in Africa. We have two priorities for next year's G8 presidency: Africa and climate change.In that framework, we look forward to the proposals of the Commission for Africa, due in early spring next year. One of the themes that the Commission is considering is governance, including the impact of corruption.At this year's G8 Summit, the G8 countries made,

    inter alia, a commitment to ratify the United Nations Convention Against Corruption, translate the words of the convention into effective actions and assist developing countries in accomplishing the convention's objectives. G8 countries have committed to implement a new partnership to detect, recover and return illicitly acquired proceeds of crime and to adhere rigorously to an updated peer review schedule under the Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention.

    We will continue our efforts to encourage all states to implement robust anti-corruption and anti-bribery measures in line with international and regional conventions.

    In addition, we will continue to work with partners, including implementing governments, civil society and the private sector, to extend the implementation of the extractive industry transparency initiative (EITI) to other countries, including in Africa.

    The UK is committed to reaching £1.25 billion per annum of official development assistance (ODA) to Africa by 2007–08. We are also encouraging other countries, including the G8, to reach the 0.7 per cent target of ODA as a percentage of gross national income; the UK has committed to doing so by 2013.

    Diplomatic Missions: Unpaid Traffic Fines

    asked Her Majesty's Government:What diplomatic missions or international organisations in the United Kingdom have members who are recorded as having failed to pay penalties for illegal parking in London during the latest 12-month period for which figures are available; and what is the number of outstanding cases of unpaid penalties in the case of each mission or organisation. [HL403]

    My Written Statement to the House on 9 September 2004 (Official Report, col. WS 95–97) gave details of outstanding parking and other minor traffic violation fines incurred by diplomatic missions and international organisations during 2003.

    Countryside Alliance: Membership By Judiciary

    asked Her Majesty's Government:Whether the Department for Constitutional Affairs has given any guidance to any members of the judiciary concerning membership of the Countryside Alliance. [HL32]

    The Parliamentary Under-Secretary of State, Department for Constitutional Affairs
    (Baroness Ashton of Upholland)

    No guidance has been issued to any member of the judiciary concerning membership of the Countryside Alliance.

    Legal Aid: Immigration Act Detainees

    asked Her Majesty's Government:Why the Legal Services Commission requires solicitors to complete a four-page form before they can obtain legal aid to visit Immigration Act detainees. [HL288]

    Funding for legal aid is available only to individuals who pass the statutory means and merits tests. The legal help form is an essential record demonstrating that the client is eligible for legal aid. A solicitor may claim for travel costs to visit a client in detention before the form is completed.

    Northern Ireland Police Ombudsman: Case Of Constable Trevor Purcell

    asked Her Majesty's Government:How many court appearances were made by Constable Trevor Purcell in the case brought by the Northern Ireland Police Ombudsman for alleged dangerous driving during a riot; and what were the date and outcome of each appearance. [HL318]

    Trevor Johnston Purcell first appeared at Belfast and Newtownabbey Magistrates' Court on 6 May 2003. The case against him was adjourned on 28 occasions as set out below:

    • 6 May 2003
    • 3 June 2003
    • 17 June 2003
    • 29 July 2003
    • 19 August 2003
    • 27 August 2003
    • 10 September 2003
    • 17 September 2003
    • 5 November 2003
    • 19 November 2003
    • 26 November 2003
    • 3 December 2003
    • 16 December 2003
    • 17 December 2003
    • 22 December 2003
    • 12 January 2004
    • 26 January 2004
    • 9 February 2004
    • 5 April 2004
    • 17 May 2004
    • 20 May 2004
    • 27 May 2004
    • 10 June 2004
    • 17 June 2004
    • 9 September 2004
    • 20 October 2004
    • 3 November 2004
    • 17 November 2004.
    The adjournments resulted from a range of issues, including the availability of video evidence and the availability of witnesses and counsel.The case against Mr Purcell was dismissed by the court on 29 November 2004.

    asked Her Majesty's Government:Whether they will refund in full, with incidental expenses, the total cost to Constable Trevor Purcell of defending the case brought by the Northern Ireland Police Ombudsman, for alleged dangerous driving during a riot. [HL319]

    Mr Purcell, through his solicitor, made an application to the resident magistrate on 6 December 2004, on the issue of his costs in defending the complaint against him. This application was dismissed by the court.

    Freedom Of Information Act 2000

    asked Her Majesty's Government:Whether they are confident that all government departments, agencies and non-departmental public bodies will be able to meet the terms of the Freedom of Information Act by 1 January 2005. [HL366]

    Departments, agencies and non-departmental public bodies have been conscientious in their efforts to prepare for implementation. In particular, good progress has been noted on staff training and awareness raising, administrative procedures for handling requests, publication schemes and records management.DCA has led an extensive programme of work in overseeing implementation with central government. This has included the creation of a model action plan on FOI implementation and chairing the Freedom of Information Practitioners Group, through which advice and guidance has been disseminated throughout departments, agencies and non-departmental public bodies. DCA has also produced a comprehensive suite of guidance on the procedures and exemptions in the Act to ensure that a complex piece of legislation is consistently and appropriately applied.I am confident that this substantial programme of work will enable public authorities to meet the terms of the Freedom of Information Act 2000 by 1 January 2005.

    Defence Industrial Policy

    asked Her Majesty's Government:Whether they will take steps to identify the key technologies required to sustain the manufacture of defence equipment; and whether they will publish this information for public discussion. [HL7]

    The Government's Defence Industrial Policy, published in October 2002, seeks to provide the Armed Forces with the equipment that they require at best value for money for the taxpayer while sustaining a healthy and globally competitive defence industry. Our policy recognises that among the range of factors to be considered in acquisition decisions are the industrial capabilities that it might be desirable to retain in the UK industrial base. We are developing a defence industrial strategy to identify more explicitly the technical capabilities that are likely to be needed to meet defence needs into the future and to assess the importance of sustaining them in the UK for national security, technology or wider economic reasons. We expect to make the conclusions of this work available when it is complete in the second half of next year.

    Future Rapid Effects System

    asked Her Majesty's Government:What military requirement the Future Rapid Effects System (FRES) is planned to meet. [HL172]

    There is a requirement for an effective and deployable medium-weight capability able to project power rapidly world-wide. Complementing our existing light and heavy forces, the Future Rapid Effects System (FRES) is planned to be the central pillar of the ground element of this capable, coherent and highly deployable medium-weight capability.

    Royal Engineers: Chatham And Minley Barracks

    asked Her Majesty's Government:When they expect the bidding process for the public/private partnership for the redevelopment of the Royal Engineers barracks at Chatham and Minley to close. [HL206]

    The public/private partnership project for the redevelopment of the Royal Engineers barracks at Chatham and Minley is currently subject to the Ministry of Defence's investment approvals process. It is expected that negotiations with the preferred bidder will begin in the first half of next year, but given the complexities of the project, it is not possible to make a firm assessment of when contract close will be achieved.

    London: Strategic Road Network

    asked Her Majesty's Government:What steps they will take if the influence of Transport for London over the network of borough strategic roads proves to be insufficient for that body to fulfil its remit effectively as the capital's strategic transport authority, particularly in relation to the efficient operation of bus services. [HL375]

    Section 60 of the Traffic Management Act 2004 allows the Secretary of State to designate the strategic road network for London. Section 61 allows the Mayor of London to make subsequent alterations to the network, by order, subject to the consent of the borough/boroughs in which the road/roads are situated. The Secretary of State will determine whether a road should be designated as strategic if a borough objects.

    A14

    asked Her Majesty's Government:To whom the Highways Agency has contracted the upkeep of the A14 trunk road between the M6 motorway junction and the Al2 junction; whether they are satisfied with the cleanliness of this road; and, if not, what action they propose to take. [HL404]

    Under the provisions of the Environmental Protection Act 1990: Code of Practice on Litter and Refuse, responsibility for keeping all-purpose trunk roads free from litter falls to the local district and borough councils. This includes the full length of the A 14 trunk road between the M1/M6 junction and Felixstowe (150 miles).The Highways Agency regularly monitors the cleanliness of the Al4 and where it considers that the standards set by the Environmental Protection Act are not being met, writes to the relevant local authority asking for swift action to be taken to cleanse the area of accumulated rubbish. On safety grounds, any material that is a hazard to traffic is removed directly by the agency as a matter of priority.

    Department For Work And Pensions: Software Upgrade

    asked Her Majesty's Government:With regard to the proposal to upgrade 128,000 Department for Work and Pensions computers from Windows 2000 to XP, what account they are taking of the difficulties experienced in November in upgrading several of the department's machines. [HL436]

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

    The rollout of Windows XP to DWP desktops is planned to commence in February 2005. A root cause analysis of the November service disruption has been undertaken. Its conclusions and recommendations will be factored into the testing, piloting and implementation rehearsals already planned to take place before the commencement of the full rollout.The department's priority is to secure business continuity. If any cause for concern arises during testing the department will reasssess the timing of the rollout as it would with any project.

    Rebated Gas Oil

    asked Her Majesty's Government:Whether there are any proposals to eliminate the use of "red diesel" or "gas oil" for agriculture, construction plant, or generators; and, if so, what is proposed. [HL243]

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

    The Government have no plans to eliminate the use of rebated gas oil in any sector.

    Pensions: Taxation

    asked Her Majesty's Government:Whether it is their policy that most savers with pensions savings of £1.5 million or more should pay higher rate tax; and whether they will review this policy in the light of the recent exemptions announced for the judiciary. [HL337]

    The Government are introducing a new simplified regime for the taxation of pensions which will come into effect on 6 April 2006. The numerous controls and limits in the existing regimes are replaced by a lifetime allowance, complemented by an annual allowance. The level of these allowances is such that the vast majority of people will be entirely unaffected by them, allowing them to save as much as they want when they want in a registered pension scheme.An individual with pension savings in excess of the lifetime allowance of £1.5 million will be subject to the lifetime allowance charge. This has been set at 25 per cent where the excess funds are taken as a pension or 55 per cent where these are taken as a lump sum. The lifetime allowance will apply to all individuals who are members of registered pension schemes; there will be no exceptions or exemptions.Where employers do not wish to provide benefits through a registered scheme there is a facility to set up employer financed retirement benefit schemes. These are not tax favoured.

    Financial Reporting Council: Disclosure Of Information

    asked Her Majesty's Government:Whether the Inland Revenue or HM Customs and Excise are able to supply details of taxpayers' affairs on an individual named basis to the Financial Reporting Council or any of the bodies controlled by it; if so, what information may be provided; and under what statutory authority. [HL348]

    Section 11 of The Companies (Audit, Investigations and Community Enterprise) Act 2004 provides a gateway that permits the Inland Revenue to disclose on a case by case basis information to the Financial Reporting Review Panel (FRRP), a subsidiary body of the Financial Reporting Council (FRC), that raises a question about the compliance of company accounts with the requirements of the Companies Act. The FRRP may only use the information to consider and investigate a company's position and, if appropriate, seek an application to the court with regard to defective accounts.The gateway restricts the onward disclosure of any information provided and applies a criminal sanction for unauthorised disclosures. Customs and Excise do not have a legal authority to permit disclosure of information held by them to the Financial Reporting Council or any of the bodies controlled by it.

    Acoustic Neuromas

    asked Her Majesty's Government:What proportion of the population is estimated to have acoustic neurones. [HL355]

    The information requested falls within the responsibility of the National Statistician, who has been asked to reply.

    Letter front the National Statistician, Len Cook, to Baroness Miller of Chilthorne Domer, dated 17 December 2004.

    As National Statistician, I have been asked to reply to your recent Parliamentary Question asking what proportion of the population is estimated to have acoustic neurones. (HL355)

    I have assumed that the question is actually seeking information on acoustic neuromas (a rare type of benign cancer of the acoustic nerves)—rather than acoustic neurones, which are present in the whole population.

    There were 265 newly diagnosed cases of cancer in England in 2001 which were coded to cranial nerves (based on ICD10 code D33.3) with the morphology code for neurilemmoma (M9560/0) which includes acoustic neuroma. (Therefore not all of these may have been cases of acoustic neuroma).

    These figures, aggregated at the 3rd and 4th digits of the International Classification of Diseases Tenth Revision (ICD10), were published in Cancer statistics: registrations, England 2001 Series MB1 no. 32. London: The Stationery Office, 2004, which is available on the National Statistics website at: http://www.statistics.gov.uk/downloads/theme-health/MB1_32/MB1_32.pdf

    Figures on the number of people who have been diagnosed with cancer and are still alive at a particular point in time are not routinely calculated.

    Bank Charges: Small Firms

    asked Her Majesty's Government:Whether they will instruct the Office of Fair Trading to review high street banks' account charges to small firms, in light of two recent studies published by the University of Nottingham. [HL390]

    Under the Enterprise Act 2002, the Office of Fair Trading was given the responsibility to keep markets under review to ensure they are working well for consumers.Following the publication of the Cruickshank review in 2000, the Government have embarked on a series of measures to tackle the identified competition problems in SME banking. The Chancellor and the Secretary of State for the DTI referred SME banking to the Competition Commission and an inquiry was launched. This reported in March 2002 and proposed several changes to how the SME market should operate.Following on from this, the OFT reported on the Competition Commission proposals in December 2002. It published an agreement negotiated between the banks, DTI and H MT. The relevant section of the undertakings reads:"2.1 The four main clearing groups are required to offer their SME customers in England and Wales:

    • A business current account that pays interest of at least the Bank of England base rate minus 2.5 per cent, or,
    • A business current account free of money transmission charges on the core money transmission services (as outlined below), or,
    • A choice between the two".

    The Office of Fair Trading will be reviewing the situation in 2006. It may choose to consider the Nottingham research as part of its review.

    Mobile Phones: Use On Petrol Station Forecourts

    asked Her Majesty's Government:Further to the Written Answer by Lord Sainsbury of Turville on 17 November (

    WA 177), whether the risk of spilling petrol while dispensing petrol into a vehicle is greater when a person is speaking into a mobile phone than when a person is speaking to someone standing next to them; and, if not, whether they will amend the joint Health and Safety Executive/local authorities co-ordinators of regulatory services guidance to advise them that those dispensing petrol should do so in silence. [HL20]

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

    Unlike a conversation with a person next to you, using a mobile phone usually requires the use of one hand. It is, therefore, different from speaking to someone next to you.It is also not the role of government Ministers to advise the safety experts at the Health and Safety Executive on the guidance issued to petroleum enforcement officers.

    Employment Tribunals: Independent Experts

    asked Her Majesty's Government:Under what circumstances in Section 6(2) of the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004 (S.I. 2004/2351) a tribunal or chairman would appoint an independent expert whose ability was impaired as in Section 6(3)(c). [HL90]

    When in an equal value claim there is a dispute as to whether work is of equal value as mentioned in Section 1(2)(c) of the Equal Pay Act 1970, the tribunal must hold a "stage 1 equal value hearing". There are standard orders which a tribunal may make at a stage 1 equal value hearing. The aim of those standard orders is that certain factual information is exchanged and agreed between the parties. At that hearing the tribunal will also decide whether it wishes to require an independent expert to prepare a report on the question of whether the claimant's work is of equal value to that of the comparator. The independent expert does not have to prepare the report at this stage; the tribunal is just deciding whether it will require the independent expert to do so later in the proceedings.In most cases the tribunal will only actually require the independent expert to prepare the report after the "stage 2 equal value hearing"—that is after certain facts have been exchanged and agreed as explained above. The logic is that the independent expert needs to have certain facts available to him before he can start to prepare his report. However, occasionally there may have been an inadequate exchange of factual information by the parties after the stage 1 equal value hearing. That is where the tribunal's power in rule 6(2) of Schedule 6 comes in. In such circumstances the tribunal may, if it considers it appropriate, order an independent expert to assist the tribunal in establishing the facts on which he is to base his report. The situation described in rule 6(3)(c) is where insufficient factual information has been disclosed by a party, therefore the independent expert would have insufficient facts on which to base his report.Rule 6(3)(c) is not addressing a lack of ability on the part of the independent expert, but is instead addressing a failure of one of the parties to the proceedings to disclose sufficient factual information.

    Employment Tribunals: Reimbursement Of Costs

    asked Her Majesty's Government:What reimbursement of costs is available to participants in employent tribunals when the chairman fails to attend a meeting which he has set up under Section 27(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.1. 2004/1861). [HL91]

    Where a chairman is not available to attend a meeting which has been set up under Section 27(1) of the Employment Trubunals (Constitution and Rules of Procedure) Regulations 2004 and it is not possible for a replacement to be found, the parties' travel expenses will be reimbursed in full. If appropriate, loss of earnings at the Employment Tribunals Service standard rate of £45.00 will also be reimbursed.

    If the unavailability of the chairman is as a result of administrative error further consideration will be given, on a case by case basis, to reimbursement of other financial loss, such as the costs of representation.

    Nuclear Power Stations

    asked Her Majesty's Government:Which nuclear power stations in the United Kingdom were built and are operated by (a) the public sector; and (b) the private sector. [HL352]

    All the UK's nuclear power stations were built in the public sector.The Magnox fleet of nuclear electricity generating stations have remained in the public sector since they were commissioned, developed and built between 1956 and 1971. They are currently operated by Magnox Electric plc, a subsidiary of British Nuclear Fuels Ltd. (BNFL), which is a publicly owned company.The newer advanced gas-cooled reactor (AGR) and pressurised water reactor (PWR) nuclear electricity generating stations have been operated by British Energy plc since the company was privatised in 1996. The office for National Statistics announced on 24 September 2004 its provisional decision that, in the light of the control that can be exercised by government through the credit facility and the restructuring of the company, from 9 September 2002 British Energy plc would be classified in the public sector for national accounts purposes.

    asked Her Majesty's Government:Further to the Answer by the Lord Sainsbury of Turville on 7 December (HL Deb, col. 736), whether it is correct that the power stations which gave rise to nuclear waste were built and operated by the private sector. [HL353]

    All the UK's nuclear power stations were built in the public sector.The Magnox nuclear electricity generating stations have remained in the public sector since they were commissioned, developed and built between 1956 and 1971 and are currently operated by Magnox Electric plc, which is a subsidiary of British Nuclear Fuels Ltd (BNFL). From April 2005, under transitional arrangements pending the outcome of the European Commission's investigation, the Nuclear Decommissioning Authority (NDA) will assume responsibility for operating and decommissioning the Magnox stations.The advanced gas-cooled reactor (AGR) and pressurised water reactor (PWR) nuclear electricity generating stations have been operated by British Energy plc since the company was privatised in 1996. The Office for National Statistics announced on 24 September 2004 its provisional decision that, in the light of the control that can be exercised by government through the credit facility and the restructuring of the company, from 9 September 2002 British Energy plc would be classified in the public sector for national accounts purposes.A copy of my letter to the noble Lord Tebbit clarifying the answer I gave during oral questions in the House on 7 December will be placed in the House Library.

    Asylum Seekers: Deportation From Uk

    asked Her Majesty's Government:What steps are being taken to ensure that asylum seekers who are deported from the United Kingdom to their country of origin are not ill treated. [HL50]

    Each asylum claim is considered on its own merits taking account of relevant country information, case-law and factors specific to the individual claim. Where a decision has been taken that an individual would not be at risk if returned to their country and that decision has been upheld by the appellate authorities we consider that it is safe for that individual to be removed.We do not consider it necessary to monitor the treatment of failed asylum seekers who have been removed in accordance with the proper procedures. However, any reliable information about the treatment of returned asylum seekers in a particular country will be referred to in the appropriate country information materials produced by the Immigration and Nationality Directorate and will therefore form part of the individual assessment of asylum claims made by nationals of that country.

    Asylum Seekers: Accommodation

    asked Her Majesty's Government:Further to the Written Answer by the Baroness Scotland of Asthal on 11 November (

    WA 94), under what provisions of the Code of Conduct on Access to Government Information the terms of the contract with Global Solutions (GSC UK) to design, build and operate the Bicester accommodation centre are considered commercial in confidence. [HL58]

    The general terms of the contract with Global Solutions Limited are in the public domain; details of payments to them under the contract must remain confidential under exemptions 7 and 13 of Part II of the Code of Practice on Access to Government Information. Disclosure of the information requested would both prejudice our ability to conduct negotiations on any future contractual activities and harm the competitive position of a third party, namely Global Solutions Limited.

    British Nationality: Hong Kong

    asked Her Majesty's Government:Under what circumstances a person who is a British overseas citizen by virtue of Article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986 can be registered as a British citizen under Section 4B of the British Nationality Act 1981. [HL61]

    Provided the British Overseas citizen has no other citizenship or nationality and has not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality, he or she will be entitled, on application, to registration as a British citizen under Section 4B of the British Nationality Act 1981.

    Terrorism: Extradition Of British Citizens

    asked Her Majesty's Government:How many British citizens have been extradited for terrorist-related activities since 2001. [HL101]

    No British citizens have been extradited for terrorist-related activities since 2001.

    Religious Hatred: Incitement

    asked Her Majesty's Government:

    Prisoners reconvicted by original length of sentence and sentence for the principal offence, within two years of discharge from prison
    All dischargesUp to 12 monthsOver 12 months and up to 4 yearsOver 4 years and up to 10 yearsOver 10 years not including lifeLife
    Year of discharge:
    1999
    Number discharged88,10461,63822,5923,57220597
    % reconvicted within 2 years of discharge59625430266
    1998
    Number discharged77,82353,15121,3672,84618995
    % reconvicted within 2 years of discharge59625529313
    1997
    Number discharged72,95649,64320,2082,73019487
    % reconvicted within 2 years of discharge58615633293
    1996
    Number discharged64,91244,92616,9772,54523085
    % reconvicted within 2 years of discharge57605331295
    1995
    Number discharged62,67842,48516,1722,25420982
    % reconvicted within 2 years of discharge58615433241

    Stolen Goods: Sale

    asked Her Majesty's Government:When, pursuant to Section 20 of the Kent County Council Act 2001, they will lay before Parliament

    Whether there is a problem of incitement to religious hatred in England and Wales; what is their estimate of the extent of the problem; and upon what data the estimate is based. [HL168]

    The Government recognise that the stirring up of hatred against people because of their religious beliefs represents a real problem in England and Wales. Since the events of September 2001 in particular there has been clear evidence of words and behaviour from a small minority being used to stir up hatred against religious groups. Following the introduction of the offences of incitement to racial hatred there has also been evidence that extremists use religious terms to identify the targets of their threatening, abusive and insulting words and behaviour, to avoid prosecution were they to use racial terms to identify the same people. In evidence to the House of Lords Select Committee on Religious Offences, which reported in April 2003, several organisations, including Association of Chief Police Officers and representatives of faith communities, gave examples of this type of activity.

    Prisoners: Reoffending

    asked Her Majesty's Government:How many early release prisoners in England and Wales have reoffended, whether under licence or not, in the last five years for which figures are available. [HL268]

    The available data relate to the reconviction rate of all prisoners. The table below shows the reconviction rate of all prisoners, within two years of discharge, according to the length of original sentence.the report on the workings of the Act submitted to them by the county council. [HL277]

    The report from Kent and Medway councils in conjunction with Kent County Constabulary was received on 10 November 2004. It will be laid before Parliament before the Recess.We are now considering how best to tackle the sale of stolen goods via second-hand goods outlets. This is part of a wider programme of work to make it harder, riskier and less rewarding to thieves to hold and dispose of stolen goods.

    Roma And Kurds: Immigration Criteria

    asked Her Majesty's Government:What criteria immigration officials use to determine whether an individual seeking to enter the United Kingdom is (a) a Roma or (b) a Kurd; and for which other people ethnicity is a special consideration for entry to the United Kingdom. [HL314]

    Immigration officers are not permitted to use ethnic or national origin as a basis for affording extra scrutiny to passengers seeking to enter the United Kingdom unless specifically authorised to do so by a Minister. All applications for entry are carefully considered in accordance with the Immigration Rules (HC 395 as amended). The ministerial authorisation of April 2001 which allowed immigration officers to subject passengers from certain specified ethnic or national groups (including Roma and Kurds) to more rigorous scrutiny was removed on 11 June 2002.

    Alcohol: Under-Age Drinking

    asked Her Majesty's Government:What representations the Home Secretary has received from Peter Marks, Chief Executive Officer of United Co-operatives, concerning under-age drinking and alcohol purchase; what reply has been sent; and whether any future action is being considered. [HL179]

    Peter Marks wrote to the Home Secretary outlining the measures that United Co-operatives is taking to prevent the sale of alcohol to minors. This letter was received on 22 October and we will reply shortly. The Government welcome the work already being done with the alcohol industry to prevent the sale of alcohol to under-18s, and we will continue to work closely with the industry to tackle alcohol-related crime and disorder through a social responsibility scheme, and to consider legislation to give police further powers to close licensed premises serving under-age drinkers.

    Alcohol Harm Reduction Strategy

    asked Her Majesty's Government:What response they have made to the observations of Mr Paul Evans, Head of the Police Standards Unit, that crime and disorder in the form of violence outside pubs and clubs threaten to overwhelm the police. [HL126]

    The Government continue to implement their Alcohol Harm Reduction Strategy for England and are working closely with the police service to support it in tackling alcohol related crime and disorder. The Government also support other agencies to ensure that a partnership approach is taken locally, with the police, to tackle the harm caused by alcohol, and are working with the industry on a social responsibility scheme. The Government have also put in place legislation to strengthen enforcement work by the police and its partners and have put in place conditions relating to the prevention of crime and disorder in the Licensing Act 2003.

    asked Her Majesty's Government:Whether they agree with the view expressed by the Nottinghamshire Chief Constable and other senior police officers, that the level of alcohol is related to the level of crime and disorder, and alcohol consumption levels have diverted police resources from outlying areas of towns and cities. [HL127]

    The Government recognise that there is a link between the irresponsible sale and consumption of alcohol and crime and disorder. We are working closely with the police service to ensure that they have access to the tactics and knowledge that they need to tackle alcohol related violence and anti social behaviour. The lessons learned from the summer Alcohol Misuse Enforcement Campaign have been captured and disseminated to all basic command units and crime and disorder reduction partnerships. However, the deployment of officers is an operational decision for chief officers and will be determined by an intelligence-led assessment of local requirements.The Government also acknowledge that enforcement is not the only answer, and that a more holistic approach to tackling the misuse of alcohol is neeeded if we are to challenge current attitudes to drinking. That is why we launched the Alcohol Harm Reduction Strategy for England on 15 March 2004 which outlines a programme of work based on 41 recommendations covering actions on prevention, communication, education and identification and treatment to tackle alcohol misuse and ensure that both consumers and retailers have a healthy and responsible attitude to alcohol.

    asked Her Majesty's Government:What measures, other than public information, they are taking to combat harmful drinking; and whether they will advise government departments and other public authorities to set an example by offering no alcohol at lunch-time entertainments. [HL129]

    On 15 March 2004 the Prime Minister's Strategy Unit published The Alcohol Harm Reduction Strategy for England, which contains 41 recommendations. Each recommendation includes a date for action to be completed. The Home Office and the Department of Health, in partnership with other stakeholders, are working together to deliver those recommendations in the strategy.In addition, the White Paper

    Choosing Health published on 16 November 2004 highlighted that the Government will build on commitments within the Alcohol Harm Reduction Strategy for England through:

    • guidance and training to ensure all health professionals are able to identify alcohol problems early;
    • piloting approaches to targeted screening and brief interventions in both primary care and hospital settings, including accident and emergency departments;
    • similar initiatives in criminal justice settings with the aim of reducing repeat offending;
    • developing a programme for improvement for alcohol treatment services based on the findings of an audit of demand for and provision of alcohol treatment in England and the models of care framework for alcohol treatment.

    There is a 'no-drinking policy on Department of Health premises unless special permission is sought. It is for other government departments to set their own policies in this area.

    asked Her Majesty's Government:What is the proposed timetable for the implementation of the National Alcohol Strategy; and [HL398]What evaluation of the National Alcohol Strategy they propose to carry out; and [HL399]Which government Ministers and government agencies are accountable for the National Alcohol Strategy. [HL400]

    The Department of Health and the Home Office are the lead government departments for the Alcohol Harm Reduction Strategy for England and are therefore accountable for it. There are 41 recommendations within the strategy, each recommendation includes a date when action should be completed. We will take stock in 2007.

    Smoking: Public Opinion

    asked Her Majesty's Government:Whether they will publish the findings of the consultation and public surveys on attitudes to smoking, referred to in paragraphs 70, 71, 74, 75 and 76 of the

    Choosing Health White Paper. [HL117]

    The consultation for the Choosing Health White Paper took into consideration objective empirical evidence from opinion surveys and polls, such as the Office for National Statistics (ONS), alongside opinions expressed to the Department of Health by individuals and interest groups to ensure a truly representative picture of the general feeling.Information on the findings of the consultation and public surveys referred to in paragraphs 70 and 71 of the

    Choosing Health White Paper are contained in Appendix A, which sets out an overview of the responses to the consultation and information from the Opinion Leader Research (OLR) survey. Some information from the OLR survey has been published and is available on ( www.kinsgfund/pdf/publicattitudesreport.pdf).

    Surveys on attitudes to smoking referred to in paragraphs 74, 75, and 76 are published in the ONS Smoking-related Behaviour and Attitudes 2003. A copy is available in the Library.

    A fuller analysis of the consultation will be undertaken and will take into account both the objective empirical evidence from opinion surveys and polls alongside opinions expressed to the department by individuals and interest groups. ( www.dh.gov.uk).

    Food Supplements

    asked Her Majesty's Government:What penalties exist for those manufacturers and retailers of food supplements found guilty of placing on the market after July 2005 products which contain ingredients which are currently legal but which are omitted from the lists of permitted ingredients established by the Food Supplements (England) Regulations 2003 (S.1. 2003/1387); and [HL130]Whether the meetings with manufacturers, retailers and consumers of food supplements recently arranged by the Parliamentary Under-Secretary of State for Health have resulted in any further additions of nutrients and nutrient sources to the lists of permitted ingredients set out in the annexes to the Food Supplements Directive and the appendices to the Food Supplements (England) Regulations 2003 (SI 2003/1387); and what action they now intend to take to extend further those lists prior to their coming into force in July 2005; and [HL131]What was the outcome of the meeting on 15 October with officials of the European Commission initiated by the Food Standards Agency to discuss the Food Supplements Directive; whether that meeting led to the addition of any nutrients or nutrient sources to the annexes of the Food Supplements Directive; and whether any assurances were received from the Commission about how it intends to interpret Article 5 of the directive in relation to the setting of maximum permitted levels for nutrients permitted in food supplement s. [HL132]

    The penalty in the Food Supplements (England) Regulations 2003 for manufacturers and retailers found guilty of placing on the market after July 2005 products containing ingredients omitted from the lists in the regulations is a fine not exceeding level 5 on the standard scale. This equates to £5,000. This is the maximum penalty and it will be for a court to decide ultimately on the exact penalty on a case by case basis.The Parliamentary Under-Secretary of State for Public Health (Miss Melanie Johnson) met with manufacturers, retailers and consumers of food supplements in July and September 2004. Following those meetings the Health Food Manufacturers Association and Food Standards Agency officials have met with officials from the European Food Safety Authority and the European Commission to discuss the implications of the Food Supplements Directive. It was made clear at those meetings that before further ingredients may be added to the lists in the Food Supplements Directive they must be assessed for safety through submission of a dossier and have received a positive opinion from the EFSA. The European Commission explained that a member state would be in breach of the directive if it allows ingredients and sources not listed in the directive to remain on the market without a dossier being submitted.The United Kingdom Government have nevertheless made clear that providing an ingredient was on the market before July 2002 and a dossier has been submitted to a member state that ingredient can remain on sale in the UK pending an opinion by EFSA following its safety evaluation.The EFSA will publish its recommendations for maximum permitted levels for nutrients allowed in food supplements in early 2005. The European Commission has indicated that it will bring forward its proposals, based on EFSA's advice, after the summer of 2005.

    asked Her Majesty's Government:What benefits will result from the removal from the market, after July 2005, of food supplements which are accepted as safe by United Kingdom regulatory authorities but which do not meet the requirements of the Food Supplements Directive and the Food Supplements (England) Regulations 2003 (S.I. 2003/1387); and [HL295]How many food supplement products which are accepted as safe by United Kingdom regulatory authorities but which do not meet the requirements of the Food Supplements Directive and the Food Supplements (England) Regulations 2003 (S.I. 2003/ 1387) will be removed from the market after July 2005; and what assessment they have made of the impact which the removal of these products will have on the manufacturers and retailers of such products and consumers. [HL296]

    Vitamins and minerals not permitted for sale after July 2005 are those which do not meet the requirements of the legislation. The purpose of the Food Supplements Directive is to ensure the safety of food supplements for the benefit of consumers and for supplements to be freely traded across the European Union, which will benefit the food supplements industry.The EU directive came into force in July 2002 and the United Kingdom Government were required by UK and EU law to implement it by the end of July 2003. Food supplement regulations for England were approved by the House of Commons on 3 July 2003. A regulatory impact assessment on the Food Supplements Directive which assessed the impact of the directive on businesses and consumer choice was laid in Parliament.The number of products which may be removed from the market after July 2005 will depend on the number of dossiers submitted by companies to the Food Standards Agency or to other member states, and those not already covered by the positive lists in the directive and regulations. The UK will give derogation for products to remain on the market where dossiers have either been submitted to the UK or to another member state pending a positive opinion from the European Food Safety Authority.

    Inflammatory Bowel Disease

    asked Her Majesty's Government:In view of the finding of the Lancet report in 1998 on the presence of inflammatory bowel disease amongst autistic children, whether they will offer such children specialist treatment by paediatric gastroenterologists. [HL362]

    We understand the report to be entitled Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children, (Lancet. 1998 Feb 28;351(9103):637–41) to which a retraction was published in the Lancet in March 2004.Children with learning or motor disability have an increased incidence of gastroenterological problems. These include feeding difficulties, gastro-oesophageal reflux, and constipation. A child with gastroenterological symptoms suggesting inflammatory bowel disease should be referred to a paediatric gastroenterologist for specialist investigation. These considerations apply irrespective of any other medical conditions in the child, including learning disability, neurological disorders, or autistic spectrum disorders.

    Mmr: Department Of Health Website

    asked Her Majesty's Government:What has been the cost to the taxpayer for the years 2003–04 and 2004–05 as a result of Whiteloop running the Department of Health website "MMR the facts". [HL363]

    The Department of Health paid £5,875 to Whiteloop for technical support and maintenance of www.mmrthefacts.nhs.uk in 2003–04. Whiteloop were paid £13,054 for joint technical support and maintenance of www.mmrthefacts.nhs.uk and www.immunisation.nhs.uk in 2004–05.

    Ealing: Vulnerable Children And Adults

    asked Her Majesty's Government:In light of the recent report by the Commission for Social Care Inspection, what action they are taking to ensure that the London Borough of Ealing addresses the needs of vulnerable children and adults in that area. [HL386]

    We understand from the Chair of the Commission for Social Care Inspection (CSCI) that Ealing Council must submit to it by 10 January 2005 a performance improvement plan. CSCI will evaluate whether it will deliver the improvements needed. The commission will monitor Ealing's performance against this plan monthly.Following the commission's evaluation of Ealing's performance improvement plan, the commission will write in January 2005 to the Secretary of State for Health recommending any special measures, which it considers we should take.

    Diabetes: Patient Education And Screening

    asked Her Majesty's Government:What steps they are taking to ensure that primary care trusts are providing:

  • (a) adequate education to diabetics for their self-management;
  • (b) individually tailored self-management regimes to diabetics; and
  • (c) diagnosis through eye screening to the standard required by the National Service Framework for diabetes. [HL391]
  • The Diabetes National Service Framework (NSF) Delivery Strategy makes it clear that primary care trusts (PCTs) should offer structured education programmes and a joint care planning process to people with diabetes to support self-management. The National Institute for Clinical Excellence technology appraisal on the use of patient-education models for diabetes supports this approach.

    Two national structured education programmes for people with diabetes are currently being rolled-out. These are DAFNE (Dose Adjustment for Normal Eating) for Type 1 and DESMOND (Diabetes Education and Self-Management for Ongoing and Newly Diagnosed) for Type 2.

    Patient education programmes should include an element of goal setting and action planning. This supports the care planning process where people with diabetes agree a self-management regime with their healthcare professional. Empowering People With Diabetes: An Exploration of the Role of Personal Diabetes Records and Care Plans—a report drawing together examples of care plans for people with diabetes and identifying best practice—was published in April 2003 and is available on the National Diabetes Support Team website. This is supported through Standard 3 of the Diabtes NSF and is about patient empowerment. All people with diabetes will receive a service that encourages partnership in decision-making and supports them in managing their diabetes.

    Diabetic retinopathy screening is a priority for PCTs with a target in the Priorities and Planning Framework 2003–06 and Diabetes NSF Delivery Strategy. Strategic health authorities performance-manage PCTs on progress. Capital funding of £27 million is available to support the purchase of digital cameras and related equipment for diabetic retinopathy screening for implementation of the target. A UK National Screening Committee programme, carried out with professional organisations and Diabetes UK is setting standards and supporting local implementation.

    Hiv: Testing Of Immigrants By Overseas Countries

    asked Her Majesty's Government:Which overseas countries require HIV tests of potential immigrants. [HL394]

    Foot And Mouth Disease

    asked Her Majesty's Government:Further to the European Commission decision to disqualify £599 million of Britain's claim arising from the foot and mouth outbreak, whether they will give an assurance that existing financial allocations will not be cut. [HL145]

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

    Yes, the Government can give such an assurance.

    asked Her Majesty's Government:Whether the Department for Environment, Food and Rural Affairs veterinary surgeon, who was present when Northumberland County Council took a video on 24 February 2001 of Bobby Waugh's farm, notified the government Minister responsible immediately; and, if not, when their attention was drawn to the video. [HL359]

    No he did not. I would refer the noble Baroness to the Written Ministerial Statement made about the video on 13 December.

    Badgers

    asked Her Majesty's Government:What has been the estimated badger population for each of the English and Welsh regions in 1975, 1985 and 1995; and what are the most recent population estimates. [HL299]

    I am not aware of any figures for 1975. However, two surveys were carried out after that. One between 1985 and 19881 and the other between 1994 and 1997.2 The first study gave an estimate of the badger population in Britain as around 250,000. The second study estimated an overall increase of 77 per cent but noted that there was regional variation in the amount of change. Regional breakdowns are available in the 1980s and 1990s surveys, references for which are given below.English Nature advises there are currently likely to be about 300,000 to 400,000 badgers in Great Britain.

    1 Cresswell, P, Harris, S and Jefferies, D J (1990). The history, distribution, status and habitat requirements of the badger in Britain. Nature Conservancy Council, Peterborough.

    2 Changes in the British badger population, 1988 to 1997 (1997). G Wilson, S Harris and G McLaren. People's Trust for Endangered Species (ISBN 1 85580 018 7).

    National Bee Unit

    asked Her Majesty's Government:Whether they are satisfied that the proposed reduction of £250,000 to the funding of the National Bee Unit in England will have no adverse effect on the control of diseases and pests such as Varroa, foul brood and the small hive beetle. [HL302]

    The Government acknowledge that beekeepers are concerned about a number of risks that may arise from its proposals to reduce inspections for certain diseases over the coming three years. However, we believe our proposals are reasonable in the light of current disease status and available means of control. We will continue to work closely with the National Bee Unit and beekeeping associations to manage the changes envisaged and the risks which have been identified.

    Bse Testing

    asked Her Majesty's Government:Whether they will close the Date-Based Export Scheme when the Over Thirty Months Scheme is closed. [HL358]

    The Over Thirty Months Scheme (OTMS) is likely to be amended when the OTM rule is replaced with a system of BSE testing.Work is continuing in parallel both to ensure that there is a robust testing system in place so that the OTM rule can be amended and to ensure that export restrictions are eased and the Date Based Export Scheme can be closed.Any changes in the domestic OTM rule are unlikely to come into effect until the latter half of 2005. Changes in export restrictions are not expected to come into effect until late 2005.