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Written Answers

Volume 669: debated on Monday 31 January 2005

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Written Answers

Monday, 31 January 2005.

Ulster-Scots Agency

asked Her Majesty's Government:When they propose to appoint a chairman of the Ulster-Scots Agency and a replacement hoard member along the lines proposed in the document

Replacement of Lord Laird as Chair of the Ulster-Scots Agency, published on 15 May 2004. [HL779]

I refer the noble Lord to my Answers on 17 June (WA 80) and 14 July (WA 148). The Government are actively seeking to appoint a new chairman of the Ulster-Scots Agency. To this end, discussions with the parties, as detailed in my earlier Answers, remain ongoing.

Aids Vaccine

asked Her Majesty's Government:Whether they will publish the scientific advice they have been given about the relationship between investment in research and development of an AIDS vaccine and the time taken to get an effective low-cost vaccine to market. [HL793]

Authoritative reviews of scientific advances in the field of HIV and the development of an effective vaccine have recently been published by the Global HIV AIDS Vaccine Enterprise (1) and the International AIDS Vaccine Initiative (2). The former is based upon discussions among 100 of the world's leading scientists working in the field of HIV. The latter—from an organisation which the UK has funded with grants totalling £18 million since 2000—summarises current progress in the co-ordination of scientific research and product development.A joint World Health Organisation-United Nations programme on HIV/AIDS (WHO-UNAIDS) meeting to be held on 2–3 February 2005, is reviewing scientific progress across HIV vaccine development research in the US, Europe, Africa and the Far East. DfID is fully engaged with these initiatives seeking to co-ordinate work on HIV vaccine development, and will continue to encourage dissemination of their findings.The nature of scientific advance is not readily predictable in terms of timescale, particularly with such a complex challenge as posed by the HIV virus. However, recent advances in the field (an increased number of available candidate vaccines, improvements in animal models, a growing database from clinical trials, the availability of new laboratory tools etc.) give cause for cautious confidence that wise investment will result in acceleration of progress.

Northern Ireland: Landlords/Tenants

Northern Ireland: Landlords/Tenants

asked Her Majesty's Government:

  • (a) what statutory and other responsibilities landlords in Northern Ireland have for monitoring the behaviour of their tenants, including the behaviour of visitors to rented properties;
  • (b) how it is intended that landlords should assess this behaviour; and
  • (c) what statutory and other responsibilities landlords have to take action if behaviour is bad. [HL813]
  • There is no statutory obligation on landlords to monitor the behaviour of their tenants and visitors. However, when problems relating to anti-social behaviour are reported all landlords have powers to apply for injunctions against tenants or visitors and, in order to support such applications, landlords would be expected to monitor the behaviour of those concerned to produce evidence of their antisocial behaviour. The Housing Executive's Statutory Registration Scheme for Houses in Multiple Occupation (HMOs) includes special control provisions designed to prevent HMOs from adversely affecting the amenity or character of the area in which they are situated. If the person having control of or managing an HMO does not take such steps as are reasonably practicable to prevent the behaviour of its residents from adversely affecting the amenity or character of the area, then the Housing Executive can treat this as a "relevant management failure" which can lead to the revocation of the registration or a refusal to register the property.It is expected that landlords use their own discretion, taking cognisance of the views of the police, district councils and local communities and the evidence gathered as a result of their own monitoring.Under the terms of the Housing (NI) Order 2003 public sector landlords, the Northern Ireland Housing Executive and registered housing associations, have powers to seek repossession of a property from a tenant if that tenant fails to ensure that any individual residing with them, or visiting the property, behaves in a reasonable and appropriate manner. The Northern Ireland Housing Executive has additional powers under the Anti-social Behaviour (NI) Order 2004 which permits it to seek an anti-social behaviour order against any individual over the age of 10 years of age who causes harassment, alarm or distress in housing executive estates.

    Waterways Ireland

    asked Her Majesty's Government:Whether the target set by the North/South Ministerial Council document (NSMC W13(01)4) of 23 November 2001, which indicated in paragraph 2 that all the posts in Waterways Ireland would be filled by September 2002, was achieved. [HL867]

    I understand that while it was the intention of Waterways Ireland to fill the number of posts as indicated by September 2002, this proved impossible due to the large number of applicants for the first tranche of posts advertised. This resulted in an extended recruitment process.Waterways Ireland experiences ongoing difficulties in recruiting technical staff.

    Ira Terrorists: Criminal Records

    asked Her Majesty's Government:Whether the Northern Ireland Office has advised Ministers to expunge the criminal records of Irish Republican Army terrorists. [HL871]

    Northern Ireland Department Of Education

    asked Her Majesty's Government:Further to the Written Answer by the Lord President on 16 December 2004

    (WA 103), how many civil servants from the Northern Ireland Department of Education were barred from attending interviews for promotion on the ground of their sick leave records for each year since 2000; and what is the number of men and women. [HL914]

    The information requested is not readily available and could be obtained only at disproportionate cost.

    Prime Minister: Meetings With Northern Ireland Political Parties

    asked Her Majesty's Government:Further to the Written Answer by the Lord President on 25 January

    (WA 147), whether they will provide details of the meetings held between the Prime Minister and Northern Ireland political parties since 1 September 2004. [HL 1030]

    I have nothing further to add to my answer of 25 January 2005 (Official Report, col. WA 147).

    Judiciary: Membership Of Campaigning Organisations

    asked Her Majesty's Government:Whether (a) membership of a fox hunt, or (b) membership of the Countryside Alliance is fully compatible with service in office as a member of the judiciary or magistracy; and whether such membership would place constraints on a judge's freedom; and [HL714]

    Whether any members of the judiciary or magistracy have been given any guidance, advice or instruction since 1997 about the compatibility of membership of campaigning organisations with service in office as a judge or magistrate by (a) the Lord Chancellor; (b) the Department of Constitutional Affairs, and (c) any other Government department; and, if so, whether any such advice referred specifically to Amnesty International, the Countryside Alliance or involvement in any campaign against a ban on foxhunting. [HL715]

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

    Copies of guidance to the full-time judiciary on outside activities and interests were placed in the Libraries of both Houses on 15 June 2000. That guidance superseded any earlier guidance. No separate guidance has been issued to the judiciary on membership of specific organisations or involvement in specific campaigns. The guidance provides that judges must ensure that while holding full-time office they conduct themselves in a manner consistent with the authority and standing of a judge. They must not, in any capacity, engage in any activity which might, undermine, or be reasonably thought to undermine, their judicial independence or impartiality. Where a judicial office holder has any doubt about the application of the principles contained within the guidance he or she is advised to seek advice from a senior colleague, head of division, the Lord Chancellor or his Permanent Secretary.The handbook for newly-appointed justices of the peace published in 1991 advises magistrates always to be alert to the danger of doing anything which would bring the magistracy into disrepute or which would seriously compromise their judicial impartiality. No separate guidance has been issued on, membership of campaigning organisations. If magistrates indicate they will not enforce the criminal law they cannot continue as magistrates.

    Incitement To Racial Hatred: Prosecutions

    asked Her Majesty's Government:Further to the Written Answer by the Attorney-General on 13 December

    (WA 56), what was the outcome of each of the 37 prosecutions for incitement to racial hatred as regards (a) the verdict; and (b) the sentence. [HL498]

    My Written Answer on 13 December (WA 56), indicated that official records were kept from 1994 and that since then there have been 37 prosecutions for incitement to racial hatred offences. Further investigation has revealed that this information was inaccurate.Statistics are in fact available from when the Act came into effect on 1 April 1987. In total, there have been 65 prosecutions for offences under Part III of the 1986 Act.

    The 65 prosecutions have resulted in 44 convictions, five acquittals, six cases dropped by the prosecution and 10 other outcomes.

    The 10 "other outcomes" are as follows: two cases in which the defendant was bound over, two cases where the defendant absconded, two cases that are ongoing, one case where the defendant died before completion of the proceedings, one case where a nolle prosequi was entered, one case where the proceedings were stayed on the ground that the defendant was medically unfit to be tried and one case where the outcome is unknown.

    Twenty-six convicted defendants received immediate sentences of imprisonment of the following lengths: three months (two defendants), four months (four defendants), six months (nine defendants), nine months (two defendants), 12 months (three defendants), 17 months (two defendants), 18 months (one defendant), 21 months (two defendants) and two years (one defendant).

    Five convicted defendants received suspended sentences of imprisonment of the following lengths: six weeks, three months, six months (two defendants) and nine months.

    One convicted defendant received an eight month sentence of imprisonment, part of which was suspended.

    Two convicted defendants received community service orders (one with a fine in addition), one convicted defendant received a probation order and one convicted defendant received an attendance centre order.

    Three convicted defendants were fined and five convicted defendants were conditionally discharged.

    asked Her Majesty's Government:On how many occasions since 1994 the Attorney-General has decided that it would not be in the public interest to consent to a prosecution for offences of incitement to racial hatred. [HL499]

    Since Part III of the Public Order Act 1986 came into force (1 April 1987), the Attorney-General has declined to give his consent to a prosecution for offences of incitement to racial hatred on the ground that prosecution would not be in the public interest on three occasions. Two of those occasions were since 1994.

    Firearms: Seizures

    asked Her Majesty's Government:What types of firearms were seized by Nottinghamshire Constabulary during Operation Stealth; and how many were:

  • (a) real firearms subject to Section 5 (1)(aba) of the Firearms Act 1968;
  • (b) imitation firearms capable of being readily converted to fire live ammunition in accordance with the provisions of Section 1 (1)(a) of the Firearms Act 1982;
  • (c) gas cartridges firearms subject to Section 5 (1)(af) of the Firearms Act 1968 (as amended);
  • (d) imitation firearms; and (e) air weapons. [HL80]
  • The information is not available in the form requested. However, I understand from the Nottinghamshire Police that since August 2002 a total of 317 guns have been seized during Operation Stealth, as follows:

    Number
    Section 1 handguns70
    Converted handgun43
    Shotgun23
    Rifles/machine guns17
    BB gun27
    Blank firing40
    Air weapon41
    Gas powered12
    Stun gun19
    Imitation25

    Civil Partnership Act: Yukon Judgment

    asked Her Majesty's Government:Whether, in the light of the judicial decision of

    Dunbar v Yukon & Canada 2004 YKSC 54 that marriages in the Canadian province of Yukon should not be restricted to opposite sex couples, they will add Yukon to Schedule 20 to the Civil Partnership Act 2004. [HL624]

    We are keeping the list of specified relationships in Schedule 20 under review, in order to take account of any legal changes that have occurred in countries such as Canada since the Civil Partnership Act received Royal Assent. We are aware of the recent case law in the Yukon territory of Canada. We are also aware that the federal government of Canada intend to introduce a Bill next month that would legalise same-sex marriage across Canada and that, if passed, would become law later this year.It is too early to make any decisions about changes to the list in Schedule 20 at this stage, but appropriate changes will be made prior to commencement of the Civil Partnership Act.

    National Asylum Support Service: Empty Properties

    asked Her Majesty's Government:What steps they are taking, other than under the Housing Act 2004, to ensure that empty properties under contract to the National Asylum Support Service are made available to local authorities to help them meet their obligations under the Homelessness Act 2002. [HL646]

    The main focus has been to reduce the number of empty properties for which NASS pays. This work has been successful and the number of such properties under contract to NASS has been significantly reduced by the termination of two contracts and the non-extension of a third. Discussions are taking place with local authorities in whose areas there are empty properties, to make them available to meet wider community obligations.

    Identity Cards: Fees

    asked Her Majesty's Government:What arrangements they propose to assist individuals and families in receipt of social security benefits or low wages or pensions to pay for the proposed identity cards. [HL822]

    The Identity Cards Bill under Clause 37 provides a power to charge different fees for different circumstances. The Government have said that groups which may benefit from this flexibility include 16 year-olds, those on reduced incomes or those who have been in retirement for some time. The final decision on the fee structure and levels of fees will be for Parliament under the powers in Clause 37 of the Bill.

    Firearms Certificates

    asked Her Majesty's Government:Under what circumstances a firearms certificate would be restored to a person who had been charged with assault; and whether local police officers are automatically consulted before reissue. [HL937]

    It is for the chief officer of police for the area in which the person resides to determine whether to grant or revoke a firearms certificate. A certificate may be revoked if the chief officer has reason to believe that the holder is of intemperate habits or unsound mind or is otherwise unfitted to be entrusted with a firearm; or that the holder is a danger to public safety or to the peace. Decisions should be made on an assessment of all the relevant information and must be made on the individual merits of each case.

    Drug Treatment

    asked Her Majesty's Government:How many people on arrest referral programmes in England and Wales have received crack cocaine treatment for each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive such treatment when on arrest referral programmes; and [HL854]How many people on arrest referral programmes in England and Wales have received heroin treatment for each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive such treatment when on arrest referral programmes; and [HL855]How many people on arrest referral programmes in England and Wales have received treatment for combined crack cocaine and heroin dependency for each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive such treatment when on arrest referral programmes. [HL856]

    The most recent data for all arrest referral schemes in England and Wales shows that in the year to October 2002, 22,329 individuals were referred to specialist drug treatment.We are moving away from the stand-alone arrest referral concept and developing contact in custody suites, courts and elsewhere as part of a wider range of entry points into the drug interventions programme to enable offenders to receive treatment.More recent figures are available for the total number of drug users entering treatment through the drug interventions programme, many of whom will be either primary crack cocaine users, primary heroin users or poly-drug users but receive treatment for the range of substances used.Between April 2003 and March 2004 an estimated 1,900 people entered treatment through the drug interventions programme in those 25 areas then operating the "intensive" programme. Between April 2004 and November 2004, over 9,000 people entered treatment through the 47 intensive areas in the programme, with 211 per cent more people entering treatment in November than in April.From 2005 to 2007, we expect to achieve our ambition of getting 1,000 offenders a week into treatment by March 2008 and are currently running ahead of the interim target to get 1,250 offenders per month into treatment by March 2005.The drug interventions programme is having a positive impact on drug treatment for all drug users and is acting as a catalyst to improve availability, accessibility and quality of treatment.

    asked Her Majesty's Government:What proportion of the drug treatment budget, both for community and criminal funding programmes, was allocated to tackling crack cocaine dependency for each year for which figures are available; and what allocations they have set for the years 2005–06 and 2006–07 for crack cocaine treatment, both for community and criminal funding programmes, in England and Wales; and [HL903]

    What proportion of the drug treatment budget, both for community and criminal funding programmes, was allocated to tackling heroin dependency for each year for which figures are available; and what allocations they have set for the years 2005–06 and 2006–07 for heroin treatment, both for community and criminal funding programmes, in England and Wales; and [HL904]

    What proportion of the drug treatment budget, both for community and criminal funding programmes, was allocated to tackling combined crack cocaine and heroin dependency for each year for which figures are available; and what allocations they have set for the years 2005–06 and 2006–07 for treatment for combined crack cocaine and heroin dependency, both for community and criminal funding programmes, in England and Wales. [HL905]

    The pooled treatment budget (PTB) provides funding for the treatment and rehabilitation of people with drug problems, including offenders. PTB allocations began in 2001–02 and the national allocations up to 2006–07 are outlined below (Fig.1).

    Fig. 1 Table of National Pooled Treatment Budget Allocations
    YearAllocation (millions)
    2001–02£129
    2002–03£191.2
    2003–04£236.1
    2004–05£253.4
    2005–06£299.4
    2006–07£423.8
    This funding is distributed to local drug action teams (DATs) together with additional resources from health authorities and other sources to fund treatment provision in their areas to meet local needs. It is the responsibility of DATs to assess the local treatment needs in their area and to allocate funds accordingly to address local drug use and meet individually assessed needs. Figures on spending on treatment for each drug type are not collected centrally. The National Treatment Agency assesses each DAT to ensure they have sufficient treatment available across the different drug treatment modalities, appropriate to the needs of their area.Funding from the drug interventions programme (DIP), which is directed at getting drug misusing offenders out of crime and into treatment, is not intended to fund mainstream treatment programmes. Nevertheless, local partnerships have discretion to spend some of their DIP funding on schemes which assist engagement and retention of offenders—such as rapid prescribing.

    asked Her Majesty's Government:How many people have received crack cocaine treatment in the community in England and Wales in each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive crack cocaine treatment; and [HL833]How many people have received heroin treatment in the community in England and Wales in each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive heroin treatment; and [HL834]How many people have received treatment for combined crack cocaine and heroin dependency in the community in England and Wales in each year for which figures are available; and what targets they have set for the years 2005–06 and 2006–07 for the number of people to receive treatment for combined crack cocaine and heroin dependency. [HL835]

    The information requested on numbers in treatment for drug misuse, by drug of misuse was not available centrally for years up to 2002–03.The National Treatment Agency will be publishing data in spring 2005, which will provide statistics on the number of those in treatment in 2003–04, where cocaine and heroin were a problem drug, and where it is noted that the individual is co-dependent on cocaine and heroin.There is no specific target for the number of people to receive crack cocaine and heroin treatment, and treatment for combined cocaine and heroin dependency in 2005–06 and 2006–07.Data on drug treatment for Wales is a matter for the Welsh administration.

    Hepatitis C And Hiv Inadvertent Blood Infection: Payment Schemes

    asked Her Majesty's Government:Why the widows of haemophilia patients who have died of hepatitis C infection from contaminated National Health Service blood products are excluded from access to financial help from the publicly-funded Skipton Fund, whereas the widows of patients who have died of HIV infection from the same source have access to help from the Macfarlane Fund, also publicly-funded; and what further consideration they are giving to conceding parity. [HL864]

    I refer the noble Lord to the reply I gave on 20 April 2004 (Official Report, col. WA 29–30).

    Health And Social Care: Deferred Payments Grant

    asked Her Majesty's Government:When regulations under Section 55 of the Health and Social Care Act 2001, whereby a local authority may take a charge on a person's home rather than a contribution towards the cost of residential accommodation, took effect; and what has been the estimated take-up of the scheme. [HL906]

    The Department of Health introduced the deferred payments grant in October 2001. An estimated 16 per cent of the grant was used in the year 2001–02 and 21 per cent in 2002–03. The final take up figures for 2003–04 are not yet available.

    Children: Obesity

    asked Her Majesty's Government:What proportion of children in England and Wales are (a) overweight; and (b) obese, in the following age groups: (i) 0 to 11 year-olds; (ii) 11 to 16 year-olds; and (iii) 16 to 18 year-olds; and what are the figures relating to each category. [HL941]

    The available information is given in the following table. The figures are taken from the results of the Health Survey for England for 2003, the latest year for which figures are available. The Health Survey for England provides estimates of the underlying population figures but because of the small sample size any representation of the figures as a number of the total population should be treated with caution. Information relating to Wales is a matter for the Welsh administration.

    Overweight and obesity prevalence and population estimates in English children and adolescents

    Aged 1–18a with a valid body mass index (BMI) measurement

    BMI status

    Age

    1–11

    12–16

    17–18

    Per cent

    Per cent

    Per cent

    Overweight only13.714.614.4
    Obese only14.521.514.4
    Overweight including obese28.236.228.9
    Bases20271087395

    Surveys estimates represented as a number of the total population

    Number in millions

    Number in millions

    Number in millions

    Overweight only0.930.460.17
    Obese only0.980.680.17
    Overweight including obese1.921.150.34

    a Calculations not possible for infants aged 0. For infants aged one year BMI was computed using length, not height.

    b Overweight was defined as 85th BMI percentile: obese was defined as 95th BMI percentile.

    c Column totals may not add exactly because of rounding.

    Source:

    Health Survey for England 2003

    Iraq: Claims Against Multinational Forces

    asked Her Majesty's Government:What records have been kept of compensation claims against the multinational forces by Iraqis suffering injury or loss of relatives. [HL631]

    Claims against multinational forces in Iraq are dealt with according to the nationality of the force against which the claim is being made. In the case of claims against the United Kingdom forces, extensive records are kept on claims for death, injury and damage to property. These records include hard copy files of each claim submitted in Arabic, along with any supporting evidence attached. These records are then translated into English. Computer records of a summary of each file are generated and these contain information on the date of the claim, the amount claimed, and the state of the claim.All claims against the UK forces for death are processed in the UK and files on these cases are copied to the UK. Claims for injury and damage to property are processed in theatre.

    Welsh Regiments

    asked Her Majesty's Government:Whether, in line with the recent renaming of Scottish regiments, they will consider renaming Welsh infantry regiments as follows: The Royal Welch Fusiliers (1st Battalion, The Royal Welsh Regiment), The Royal Regiment of Wales (2nd Battalion, The Royal Welsh) and the Royal Welch Regiment (3rd Battalion, The Royal Welsh). [HL713]

    Last year, the Army considered how best to implement the move to larger regiments and the reduction of four infantry battalions. In considering this issue the Executive Committee of the Army Board took into account advice from the colonel commandant of the Prince of Wales Division, in which the Welsh regiments sit, as a representative of the regiments concerned.The outcome of these deliberations, announced on 16 December by the Secretary of State for Defence, is that a new large infantry regiment will be formed to represent Wales. The Royal Welch Fusiliers and the Royal Regiment of Wales will combine to form what will be known as The Royal Welsh Regiment, as recommended by the division. They will be known respectively as 1st Battalion The Royal Welsh (The Royal Welch Fusiliers) and 2nd Battalion The Royal Welsh (The Royal Regiment of Wales).

    asked Her Majesty's Government:What effect the merger of the Welsh regiments is expected to have on morale; and what is being done to ensure that their sense of cohesiveness and identity is not lost. [HL761]

    The new regimental structure is not expected to have an adverse effect on morale. It will create greater stability for families as well as enhanced professional opportunities for soldiers. Traditional recruiting areas will be maintained and we have made clear our commitment to maintaining the identity, traditions and ethos of the individual battalions within the new regiments.

    asked Her Majesty's Government:Why they decided not to allow the Welsh regiments to maintain their individual identities while becoming the 1st, 2nd and 3rd Battalions of the Royal Welsh. [HL762]

    The new titles explicitly identify the new battalions with their antecedent regiments by retaining their original titles in brackets after the new regimental title.

    Serbia-Montenegro: Defence Assistance

    asked Her Majesty's Government:How they will respond to the request from the government of Serbia-Montenegro for help with reforming and enhancing their armed forces. [HL876]

    The United Kingdom is already undertaking a programme of defence assistance for Serbia and Montenegro whose principal aim is reform of their armed forces. It includes peacekeeping and English language training, staff course places and a project to assist resettlement in civilian life of those leaving the armed forces. There are regular contacts between officials to ensure that the programme is structured to meet Serbian and Montenegrin needs. We are also seeking to co-ordinate our assistance with that delivered by other NATO and EU countries.

    Families In Temporary Accommodation

    asked Her Majesty's Government:Given the increase in homelessness, what additional statutory funding is being made available to voluntary organisations providing for the needs of families living in temporary accommodation. [HL788]

    Local authorities receive funding for their homelessness responsibilities through formula grant which is distributed through formula spending shares (FSS). The local government finance settlement 2005–06 provides for an increase of 2.5 per cent in the environmental, protective and cultural services FSS block (which covers homelessness services). Formula grant is unhypothecated and spending priorities are a matter for individual local authorities. Authorities use their powers under Section 180 of the Housing Act 1996 to pay grants to voluntary sector agencies to help tackle homelessness from these and other resources available to them.Since 2002–03, the Office of the Deputy Prime Minister has provided local authorities with extra resources to help them meet additional statutory obligations under the Homelessness Act 2002—£6.5 million in 2001–02 and £8 million per annum thereafter.

    The Office of the Deputy Prime Minister announced in our five-year plan, Homes for All published on 25 January, that we will reduce homelessness and that, by 2010, we will halve the number of households living in insecure temporary accommodation. We are providing £60 million in 2004–05, rising to £74 million in 2007–08, to help local authorities and voluntary sector agencies take action to prevent homelessness. Our strategy on homelessness builds on successes in reducing rough sleeping by two-thirds, ending the long-term use of bed and breakfast hotels as accommodation for homeless families with children, and more recent reductions in the number of new cases of homelessness. More effective prevention of homelessness will be coupled with new action and increased investment in social and other affordable housing to improve the supply of, and access to, settled homes.

    Substantial funding is also available through the Supporting People programme. A total funding of over £350 million will be provided for homelessness services in 2004–05, of which £51 million will be allocated to homeless families with support needs.

    Data Protection Act: Eu Commission Review

    asked Her Majesty's Government:Whether they will make public the text of the European Union Commission's letter of formal notice setting out those areas of the Data Protection Act 1998 which the Commission believes may not be compatible with Directive 95/46/EC. [HL594]

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

    The European Commission, as part of its review of the implementation of the 1995 Data Protection Directive by each member state, has raised a number of issues with the UK. We are in discussion with the Commission about these issues. We currently have no plans to disclose the detail of those discussions, or any related correspondence, as the formal Commission investigation process is still taking place. If the Government were to disclose the information requested, it would prejudice the negotiating process between the UK and the Commission and so prejudice UK interests.

    asked Her Majesty's Government:Whether, in light of the European Union Commission's recent letter of formal notice, they consider that the United Kingdom may not have adequately implemented Directive 95/46/EC; and, if this is the case, in what respects. [HL595]

    The formal European Commission investigation into the UK's implementation of the Data Protection Directive is still ongoing. UK officials are in discussion with those from the EC regarding those areas where the Commission has raised concerns. However, we believe that the UK has properly implemented the Data Protection Directive via the Data Protection Act 1998 and other relevant provisions of UK law.

    asked Her Majesty's Government:Whether they have been notified by the European Union Commission that, in the light of the decision by the Court of Appeal in the case of

    Michael John Durant v the Financial Services Authority (2003), the meaning of the term "personal data" as defined in the Data Protection Act 1998 may not adequately reflect the intention of Directive 95/46/EC. [HL596]

    The European Commission has raised a number of issues with us regarding the UK's implementation of Directive 95/46/EC. We are currently in discussion with the Commission about these issues. So far as the decision of the Court of Appeal in Durant v FSA is concerned, we see no reason to conclude that it casts any doubt on the fact that the definition of "personal data" in the Data Protection Act 1998 can, and should, be applied consistently with the definition in the directive.

    Truancy: Criminal Activity

    asked Her Majesty's Government:What proportion of pupils truanting from schools in England and Wales they estimate to be involved in some form of criminal activity. [HL862]

    The Parliamentary Under-Secretary of State, Department for Education and Skills
    (Lord Filkin)

    The Department for Education and Skills does not have information on the proportion of truanting pupils who are involved in some form of criminal activity. The 2004 MORI Youth Survey for the Youth Justice Board for England and Wales found that of the young people in mainstream education who admitted committing an offence, 45 per cent of them said that they had played truant from school.However, while there is a link between truancy and crime, not all truants are drawn into crime and there is no conclusive evidence about which comes first, truancy or offending.

    Licensing Act 2003: Cost To Nhs And Police

    asked Her Majesty's Government:What estimate they have made of the cost to (a) the National Health Service, and (b) the police of the implementation of the Licensing Act 2003 and of the possible impact of 24-hour drinking. [HL612]

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

    The Licensing Act 2003 imposes no new burdens on the National Health Service. The cost to health of alcohol misuse was estimated in the alcohol harm reduction strategy as up to £1.7 billion per annum and we do not anticipate that the implementation of the 2003 Act will fundamentally alter these figures. The implementation of the 2003 Act is expected to help reduce levels of binge-drinking which currently occur as a result of fixed closing times for on-licensed premises. We are also confident that the measures in the alcohol harm reduction strategy, published on 15 March 2004, will significantly reduce alcohol-related harm. The regulatory impact assessment presented to Parliament when the Licensing Bill entered the House of Commons in March 2003 indicated that there should be no additional costs to the police in terms of enforcing licensing law generated by the reforms. Once the Act becomes fully operational, the saving to the police in respect of administrative activity is estimated to be £15 million annually, which can be redeployed to frontline police work. The 2003 Act does not introduce unrestricted opening hours for 24 hours a day. An applicant's proposal for any variation of his hours will be subject to scrutiny by a range of responsible authorities such as the police and interested parties such as local residents and the hours may be restricted if necessary.

    Eu Constitutional Treaty: Referendum

    asked Her Majesty's Government:Whether they will make available all documents between HM Treasury and the Prime Minister's Private Office on the possible timing of a referendum on the European Union Constitution. [HL613]

    Successive administrations have taken the view that it would be inappropriate to release information relating to internal communications within government in order to ensure that issues can be discussed candidly and frankly.

    Sudan: Arms Sales

    asked Her Majesty's Government:What progress they have made in their investigation into attempts by British businessmen to sell tanks, personnel carriers, an Antonov aircraft and munitions to the government of Sudan. [HL772]

    Customs have made all appropriate enquiries into allegations concerning UK businessmen supplying the government of Sudan with military equipment. As a result of those enquiries Customs have concluded that there is insufficient evidence to justify any further enquiries and intend to take no further action unless new information comes to light.

    Government Departments: Expenditure

    How much has been spent by each government department on plants, flowers and other shrubbery on their premises, together with the cost of any ongoing upkeep, in the last two years. [HL802]

    There is no centrally held record of departmental expenditure on plants, flowers and other shrubbery on their premises, or the cost of any ongoing upkeep.

    asked Her Majesty's Government:How much money each government department spent on taxis in the past two years; [HL858]How much money each government department spent on: (a) domestic air travel, and (b) international air travel, in the past two years; and [HL859]How much compensation each government department paid to its employees in each of the past two years. [HL860]

    Information relating to departmental expenditure on taxis, domestic air travel, international air travel and compensation paid to employees is not held centrally and could be produced only at disproportionate cost.

    Government Departments: Art Purchases

    asked Her Majesty's Government:Further to the Written Answer by Lord McIntosh of Haringey on 12 January

    (WA 66–69) on works of art purchased by government departments, how much was paid for each item listed, together with the anticipated cost of the works of art commissioned by the Home Office for its new headquarters. [HL807]

    The Government Art Collection (GAC), part of the Department for Culture, Media and Sport, had expenditure on works of art of £298,142 during the calendar year 2003 and £120,412 during the calendar year 2004. The acquisition policy is guided by the Advisory Committee on the Government Art Collection which is a non-departmental public body. Members are both independent and ex-officio, and include the directors of the national galleries.

    The information about prices paid is commercially sensitive. It is not the GAC's practice to publish the prices paid for individual works of art purchased directly from the artist, individual or from a dealer as information of this nature might prejudice the commercial interests both of the GAC in its purchasing activities generally and of the relevant artist, individual or dealer. This practice is consistent with the practice of the national collections.

    However, the prices paid for works of art acquired at auction are published by the auction houses. The works of art acquired at auction are listed below with the price paid for each.

    The anticipated cost for the works of art purchased by the Home Office for the interior of the new Home Office building at Marsham Street, London is £150,000. The art for the exterior is funded under the PFI contract.

    Purchases at auction January-December 2003

    £

    "An English Lady in Winter Costume" 1640; etching by Wenceslas Hollar, from English and Foreign Costumes864.50
    "Queen Elizabeth II of the United Kingdom" 1985; screenprint by Andy Warhol, from the Portfolio "Reigning Queens"6,792.50
    "Interior of a Mosque or Mimbar of the Great Mosque at Damascus" painting by Frederick Leighton15,057.00
    "Portrait of the Broke and the Bowes Families" 1740; painting by Thomas Bardwell43,225.00
    "The Young Artists" c1745; painting by Philippe Mercier34,580
    "George Macartney (1737–1806) Earl Macartney, 1st British Ambassador to China" pastel drawing by Ozias Humphrey. Purchased with accompanying illuminated certificate granting the sitter Earl Macartney and Viscount Macartney of Dervock in the peerage of Ireland, 179211,340.00

    Purchases at Auction January-December 2004

    £

    "Chance and Order 4 (Green)" 1970; painting by Kenneth Martin25,935.00

    Museums: Charges

    asked Her Majesty's Government:Which city museums have made charges to the public to view special or specific exhibitions in the past 10 years. [HL817]

    As the Government sponsor only a small number of mainly national museums, they have no direct involvement with other city museums and this information is not held centrally. The decision whether to charge for specific exhibitions is for the responsible authorities, which in most cases would be the local authority.

    Historic Environment: Resources

    asked Her Majesty's Government:Whether financial help has been given to any areas of England and Wales where local authorities seek to preserve prehistoric footprints such as those found on the beach at Formby in Merseyside. [HL819]

    In England it is for local authorities to allocate their resources as they deem appropriate, in order to reflect local needs as well as providing effective stewardship for their historic environment.In Wales this is a matter for the devolved administration.

    Licensing Act 2003: Implementation

    asked Her Majesty's Government:Whether they intend to produce advice for local residents on how to object to applications for premises licences under the Licensing Act 2003, including renewals; and whether they intend to include matters of interest to the general public, as well as to local authorities and licensees, in their licensing countdowns. [HL826]

    Information about making representations is already available on the Department for Culture, Media and Sport's website. However, we plan to make further advice available which we will also place on our website and, alongside other relevant issues of interest to residents, in Licensing Countdown. The guidance issued under Section 182 of the Licensing Act 2003 also states that licensing authorities should consider providing advice on their websites about how any interested party can make representations to them. We are working closely with local authority bodies to make sure this information is made available. For the fist time, the Licensing Act 2003 gives residents a greater say in influencing licensing decisions in their local area, and I hope they use this

    Algeria: Sovereign Debt

    asked Her Majesty's Government:What amount of Algerian sovereign debt or debt of state-owned companies is owed to the United Kingdom; and whether there have been any negotiations or discussions about this between the two governments. [HL849]

    The Republic of Algeria's sovereign debt owed to the United Kingdom consists of sums covered by two active Paris Club debt agreements with Algeria. Agreement 1 was signed on 7 December 1994. Agreement 2 was signed on 18 February 1996. The current residual balance (amount of principal still to be repaid) is, on Agreement 1 £51,476,289 and on Agreement 2 £78,142,428. The total outstanding balance is therefore £129,618,717. Principal repayments began on 31 May 1998 and are due to end on 30 November 2011. Both agreements use Sterling LIBOR + 0.5 per cent as the moratorium interest rate.

    Olympic Games 2012: London Bid

    asked Her Majesty's Government:Further to the Written Answer by Lord McIntosh of Haringey on 6 December 2004

    (WA 27–28), how many troops from the United Kingdom or NATO reserves they estimate will need to be available to be called on to provide security for the London 2012 Olympic Games, given that 3,500 NATO troops were in attendance at the Athens 2004 Games; and what discussions have taken place with the Secretary-General of NATO on these matters; and [HL883]

    Further to the Written Answer by the Lord McIntosh of Haringey on 3 December 2004 (WA 27–28), what provision for accommodation they are making to deploy a similar number of NATO troops to the 2012 London Olympic Games as the 3,500 which were in attendance at the 2004 Olympic Games in Athens. [HL885]

    As explained to the noble Lord, Lord Jopling in my previous Answer on 6 December 2004 (WA 27–28) it would be premature at this stage to speculate about the measures that will be required and will be in place in 2012.

    asked Her Majesty's Government:Further to the Written Answer by the Lord McIntosh of Haringey on 3 December 2004

    (WA 27–28), why the London bid for the 2012 Olympic Games did not include letters of support similar to those from a number of government departments and the Prime Minister (as deposited in the Library of the House) from the Ministry of Defence and the Secretary-General of NATO, given that 3,500 NATO troops were in attendance at the 2004 Olympic Games in Athens. [HL884]

    The International Olympic Committee requires candidate cities to provide a guarantee from the highest government authority in the country for the safety and the peaceful celebration of the Olympic and Paralympic Games. The Prime Minister has provided this guarantee supported by a guarantee from the Home Secretary, who is responsible for co-ordination of all matters of national security and the emergency services in the United Kingdom.

    asked Her Majesty's Government:Whether they will provide a breakdown of the expenditure of £37 million for security detailed in paragraph 6.6.1, page 103, of Volume 1 of the bid for the London 2012 Olympic Games; and [HL886]

    Further to the Written Answer by Baroness Scotland of Asthal on 20 July 2004

    (WA 33–34), whether the £37 million cost of security outlined in paragraph 6.6.1, page 103, of Volume 1 of the London 2012 Olympic bid includes measures similar to those provided for the 2004 Olympic Games in Athens, such as 50,000 security staff; 4,000 trained users of security systems; an electronic fence around the Games; an airship acting as an airborne surveillance centre; and measures to protect sea ports. [HL888]

    The amount shown for security in the paragraph 6.6.1 of the candidate file of 37 million dollars (£23 million) is part of the budget for the London Organising Committee for the Olympic Games (LOCOG). This amount includes funding for the equipment, planning, co-ordination and training and law enforcement resources.A further allowance of £190 million has been made from the stakeholders funding package of £2.375 billion for the wider security costs required to address security needs when we stage the Games in 2012.

    Olympic Games: Pistol Shooting

    asked Her Majesty's Government:Further to the Written Answer by Lord McIntosh of Haringey on 16 September 2004

    (WA 205–206), whether there is to be a test pistol shooting event in the year before the Olympic Games in 2012; when it will be held and over what period; and whether the event will cover the whole range of Olympic weapons. [HL892]

    The details of an Olympic test event for shooting will be determined by the International Olympic Committee, the International Shooting Sport Federation and the Organising Committee for the Olympic Games once the host city for the 2012 Olympic and Paralympic Games has been announced.

    Inheritance Tax: Fees Paid To Advisers

    asked Her Majesty's Government:What is their estimate of the annual amount of fees paid by United Kingdom taxpayers to accountants, solicitors and other professional advisers in order to minimise the amounts of inheritance tax payable. [HL927]

    No data are available on which to base such an estimate. Costs of "pre-death tax planning" were estimated for 1986–87 at about 0.06 pence per pound collected (Sandford et al, Administrative and Compliance Costs of Taxation, Fiscal Publications, 1989).

    Stamp Duty: Receipts

    asked Her Majesty's Government:What were the stamp duty receipts from transactions in (a) shares; (b) residential property; and (c) commercial property in each year since 1996–97. [HL928]

    Stamp duty receipts for 1996–97 and 1997–98 are given in the table below:

    1996–97 (£ million)1997–98 (£ million)
    Stamp duty receipts from:
    Residential property675.0830.0
    Non-residential property383.0664.5
    Shares1,408.01,959.7
    Stamp duty receipts from transactions in residential and non-residential property from 1998–99 onwards are given in Table 15.3 of Inland Revenue statistics:

    www.newinternet.inrev.gov.uk/stats/stamp_duty/ tablel5_ 3_october04.pdf

    Stamp duty receipts from transactions in shares from 1998–99 onwards are given in Table 15.1 of Inland Revenue statistics:

    www.newinternet.inrev.gov.uk/stats/stamp_duty/table15_1_september04.pdf

    asked Her Majesty's Government:What were the receipts from stamp duty in transactions on securities listed on the Stock Exchange; and what were the number of such transactions in (a) each full year since 1996–97; and (b) in the first seven months of 2004–05. [HL929]

    Stamp duty reserve tax (SDRT) is charged on transactions in UK securities arising from trading on the London Stock Exchange and other exchanges. SDRT receipts from transactions in shares from 1998–99 onwards are given in Table 15.1 of Inland Revenue statistics:

    www.newinternet.inrev.gov.uk/stats/stamp_duty/ table15_1_september04.pdf

    SDRT receipts for 1996–97 and 1997–98 are given in the table below:

    1996–97 (£ m)

    1997–98 (£ m)

    Receipts from:

    SDRT304.71,704.5

    A provisional estimate for receipts in the first seven months of 2004–05 is £1.3 billion. The number of stampable transactions is not available; however the total number of bargains on the London Stock Exchange is available monthly from December 1998 at:

    www.londonstockexchange.co.uk/en-qb/ pricesnews/statistics/factsheets/smfs.htm

    These figures will include transactions that do not pay stamp duty.

    European Union: Lisbon Agenda

    asked Her Majesty's Government:What response they will send to the European Union Commission in respect of the revised Lisbon agenda priorities following Mr Wim Kok's report's recommendations. [HL958]

    The Government's submission to Mr Wim Kok's High-Level Group was published in September 2004. The Government also intend to publish an updated progress report on European economic reform, detailing its priorities for the Lisbon agenda in advance of the spring European Council in March 2005.

    Disability Discrimination Bill: Public Sector Duties

    asked Her Majesty's Government:How many organisations during the consultation on the draft Disability Discrimination Bill, the subsequent consultation

    Delivering Equality for Disabled People, and the passage so far of the current Disability Discrimination Bill, supported the introduction of public sector duties, as outlined in Clause 3 of the current Bill. [HL908]

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

    On the draft Bill, more than 140 pieces of written evidence were submitted, and 39 people gave oral evidence. Fifty-one organisations said they supported the duty to promote equality in their written submissions. All the others did not comment on this part of the Bill.During the consultation on

    Delivering Equality for Disabled People nearly 700 people representing public bodies and organisations representing disabled people attended a series of consultation events. Of those that completed feedback sheets, more than 90 per cent thought that the proposed duties would make public bodies think more carefully about the needs of disabled people.

    Nearly 5,000 copies of the consultation document were distributed. A total of 193 organisations and seven individuals formally responded. The responses were generally supportive of the public sector duties in Clause 3.

    During the passage of the Bill the following organisations have commented favourably on the new duties:

    • Children's Society;
    • Disability Rights Commission;
    • Disability Charities Consortium (Leonard Cheshire, Mencap, Mind, Radar, RNIB, RNID, Scope);
    • Trades Union Congress;
    • Special Education Needs Consortium.

    asked Her Majesty's Government:Of the organisations which supported the introduction of the public sector duties outlined in Clause 3 of the Disability Discrimination Bill, how many and which supported applying that duty to schools. [HL909]

    The 32 bodies in the following list indicated support for schools to be subject to public sector equality duties, either in responses to Delivering Equality for Disabled People, in submissions to the Joint Committee on the draft Bill, or in other publications.

    • Barnado's
    • British Institute of Learning Disabilities
    • Council for Disabled Children
    • Disability Equality in Education
    • Disability Rights Commission
    • Health Needs in Education Consortium
    • Home Farm Trust
    • Joint Committee on Mobility of Blind and Partially Sighted People
    • Leonard Cheshire
    • MENCAP
    • MIND
    • National Association of Laryngectomee Clubs
    • National Association of Schoolmasters/Union of Women Teachers
    • National Autistic Society
    • National Union of Teachers
    • North Ayrshire Council
    • PACE
    • Popan
    • RADAR
    • Respond
    • RNIB
    • RNID
    • Scope
    • Sense
    • Skill
    • The Children's Society
    • The Discrimination Law Association
    • The Royal College of Midwives
    • Trade Union Congress
    • Trade Union Disability Alliance
    • Turning Point
    • Voice UK

    asked Her Majesty's Government:Whether they have received any representations opposing the imposition on schools of the public sector duties outlined in Clause 3 of the Disability Discrimination Bill; and, if so, how many and which organisations were opposed. [HL910]

    The Department for Education and Skills implementation review unit opposed imposing specific duties on schools. In addition, one school has expressed concern about the proposed timetable for implementation of the new duties.

    Eu Software Patents Directive

    Patents & Software: Fact and Fiction article, published recently by the United Kingdom Patents Office, is an accurate explanation of the details of the European Union software patents directive. [HL113]

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

    Yes.

    Vehicle Sales: Advertisements

    asked Her Majesty's Government:Whether it is acceptable to park vehicles on the public highway with the purpose of advertising them for sale; and whether the law is sufficient to prevent this practice. [HL952]

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

    This issue is being dealt with through clauses in the clean neighbourhoods Bill, currently being considered by a Standing Committee in another place. The aim is to prevent the activities of commercial businesses that sell vehicles on the street thus reducing parking opportunities, causing nuisance to ordinary people and significantly blighting an areaThese clauses are needed because currently there is no specific law against selling cars on the street. Some local authorities tackle this through existing highways or street trading legislation but consultation has told us that this is very difficult.In response to this, we are proposing to introduce a new offence of exposing or advertising two or more vehicles for sale on a road as part of a business; this is included in the Clean Neighbourhoods and Environment Bill. The offence will be punishable through the courts or through fixed penalty notices.