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Written Answers

Volume 690: debated on Tuesday 6 March 2007

Written Answers

Tuesday 6 March 2007

Animal Welfare: Moles

asked Her Majesty's Government:

Whether they support the European Union ban on the use of strychnine to control moles; and, if so, what more humane and effective alternatives they recommend. [HL2240]

The use of strychnine to control moles falls under the remit of the EC biocidal products directive (BPD). The UK Government worked hard with industry for an “essential use” derogation from the directive. This request was declined. While disappointed by the outcome, we are bound by the European Commission's decision.

It is not the responsibility of the Government to recommend alternatives to the use of strychnine. However, there are other proven methods available.

Armed Forces: Nicosia Accommodation

asked Her Majesty's Government:

On what date a government Minister last inspected the accommodation for United Kingdom servicemen in the Ledra Palace, Nicosia; and, if so, whether on that occasion these living conditions were satisfactory. [HL2183]

It is acknowledged that conditions for our personnel living at Ledra Palace are not satisfactory, and this was confirmed when my right honourable friend the Minister for the Armed Forces visited on 29 September last year. Every effort is being made, through representations to the Government of the Republic of Cyprus and to the United Nations, to improve living conditions there.

Armed Forces: US Missile Defence

asked Her Majesty's Government:

When they will discuss suggestions for a new United States anti-missile missile system with the United Kingdom's European Security and Defence Policy partners in the European Union; and what contents will feature in such discussions. [HL2298]

The European Security and Defence Policy gives the European Union the capability to undertake civilian and military crisis management operations. It does not provide collective defence capability and therefore has no competence to consider ballistic missile defence.

Aviation: Eurocontrol

asked Her Majesty's Government:

How they will respond to suggestions by Eurocontrol, the air navigation safety agency, for eventual unification of national air control systems; and what practical problems they would anticipate in such unification. [HL2297]

The Government are fully committed to the European Commission's initiative to create a single European sky and, in particular, the project to develop the new generation European air traffic management system (SESAR). The initial phase of SESAR, which is being led by Eurocontrol, will finish in 2008 and will result in a master plan for the delivery of the new system.

Until the master plan is finalised, it is not possible to quantify the practical problems that may arise.

Aviation: Staff Rest Periods

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 20 February (WA 216), whether the Irish Aviation Authority is able to lay down safety standards, including adequate rest periods for staff, for aeroplanes using United Kingdom airports. [HL2177]

The Irish Government have given the Irish Aviation Authority primary responsibility for the discharge of their responsibilities under the Chicago Convention. The annexes to the convention set out the international safety standards to be applied by all signatory states and include those governing duty and rest periods for aircrew.

The powers of the Irish Aviation Authority are contained in Irish legislation. That legislation enables the IAA to make regulations to establish appropriate safety standards for domestic and international flights by Irish airlines and aircraft.

Her Majesty's Government have no reason to doubt that the IAA has the capability to lay down such regulations. The Irish Aviation Authority was audited in 2001 by the International Civil Aviation Organisation as part of its universal safety oversight audit programme, and a follow-up audit took place in 2003. The audit report states that the primary legislation and civil aviation regulations were found to be comprehensive.

Banks: Charges

asked Her Majesty's Government:

What is their response to the public campaign to secure lower bank charges to individual customers of United Kingdom banks. [HL2273]

The Office of Fair Trading, which is an independent body, is currently carrying out an inquiry into these charges under the Unfair Terms in Consumer Contracts Regulations (1999). It would not be appropriate for Government to comment on an independent inquiry.

Bloody Sunday Inquiry

asked Her Majesty's Government:

Whether the £139.48 million spent by the Northern Ireland Office on the Bloody Sunday Inquiry has come out of the Northern Ireland Office block grant; and, if not, what was the source of the funding.[HL1343]

Expenditure by the Northern Ireland Office on the Bloody Sunday Inquiry is made from the NIO’s departmental expenditure limit (DEL), which is the department's annual budget allocated by HM Treasury during each spending review process.

British Citizenship

asked Her Majesty's Government:

Under what circumstances a person would have failed to become a British overseas citizen on 1 July 1997 if he (a) ceased to be a British Dependent Territories citizen immediately after 30 June 1997 by operation of the Hong Kong (British Nationality) Order 1986; (b) did not register, for whatever reason, as a British National (Overseas); and (c) did not hold any other form of nationality or citizenship immediately after 30 June 1997. [HL2105]

Section 6 of the Hong Kong (British Nationality) Order 1986 provides for the automatic acquisition of British overseas citizenship for those who might otherwise be stateless through the loss of British Dependent Territories citizenship for those who held that status through qualifying connection with Hong Kong. Her Majesty's Government would not envisage that anyone would have failed to become a British overseas citizen if they did not hold some other form of nationality.

asked Her Majesty's Government:

Why the Home Office Nationality Policy Directorate's nationality instructions state that a person of Nepali ethnic origin, who is British by birth in Hong Kong and who held British National (Overseas) status, loses citizenship of Nepal automatically when he reaches the age of 21, whereas a person who held British Dependent Territories citizenship retains citizenship of Nepal on reaching that age; what is the basis in Nepalese law for this differentiation between British National (Overseas) status and British Dependent Territories citizenship; and whether they will place any relevant information in the Library of the House. [HL2289]

There are currently no formal instructions issued to nationality caseworkers about the provisions of Nepalese nationality law. We are waiting for clarification on this from the Nepalese authorities. Once this is received, it will be placed in the House Library.

Cameroon: Elections

asked Her Majesty's Government:

What information they have received about complaints by opposition parties concerning the registration of electors in Cameroon, about progress towards implementing the law creating an autonomous electoral body, Elections Cameroon, in Cameroon ahead of this year's parliamentary and municipal elections and about the publication of the results of the 2006 general population and housing census. [HL2292]

The UK has not received any specific complaints from opposition parties concerning the registration of electors in Cameroon, although we are aware that in previous elections there have been complaints that many who wished to vote were unable to register to do so. The Government of Cameroon are making good progress to fulfil a pledge made to computerise the electoral roll. When completed, this should greatly assist transparency, since voters and political parties should have access to it and be able to see who is registered to vote in individual constituencies.

The independent electoral body ELECAM was voted into law by the National Assembly at the end of 2006. The law provides for a transitional period of up to 18 months, during which ELECAM will assume the functions now carried out by the Interior Ministry and the National Elections Observatory. We are aware of the preference among some opposition politicians for a postponement of the forthcoming elections until ELECAM is in a position to run them. There is no sign that the Government will pursue the option of a postponement, which would present problems under the constitution. The international community, in Yaoundé, including the UK, is urging the Government of Cameroon to press on with the implementation of ELECAM as quickly as possible.

We are aware of a general level of dissatisfaction among the opposition and others that the results of the latest census are yet to be published and have pressed the Government of Cameroon to expedite this.

asked Her Majesty's Government:

Whether the United Kingdom or the Commonwealth is providing any technical or financial assistance to support the creation of the electoral body, Elections Cameroon, or the publication of the results of the 2006 general population and housing census in Cameroon. [HL2293]

The UK is not currently providing any technical or financial assistance to support the creation of ELECAM, although officials and Ministers from Cameroon visited the UK in 2006 to examine our electoral arrangements.

The Commonwealth has been Cameroon's partner in developing a blueprint for ELECAM. It sent expert groups twice to Cameroon to assist in drafting legislation and paid for key Ministers to visit a sample of countries to review election commissions. It is currently encouraging them to appoint ELECAM members before the legislative/municipal elections scheduled for this year. If they do so, the Commonwealth will offer technical assistance.

As far as we are aware, neither the UK nor the Commonwealth has received any requests in connection with assistance to publish the results of the 2006 census.

Compensation

asked Her Majesty's Government:

Further to the Written Answer by Baroness Scotland of Asthal on 2 November 2006 (WA 52), how much the Home Office has paid out in compensation to (a) current and (b) former employees in each of the past five years. [HL1783]

The department maintains records of compensation payments, but to determine the amounts that were paid specifically to current or former employees could be done only at disproportionate cost.

Construction Industry: Skills Shortages

asked Her Majesty's Government:

Whether they will (a) add quantity surveyors and construction project managers to the United Kingdom skills shortage list; and (b) relax the rules on granting extended work permits to suitably qualified quantity surveyors and construction project managers. [HL2172]

The Home Office has recently received representations from the Royal Institution of Chartered Surveyors requesting that quantity surveyors be added to the shortage occupation list. The supporting research is currently being assessed, in consultation with appropriate stakeholders, and a decision will be made shortly. No representation has been made for the addition of construction project managers to the shortage occupation list.

There are no plans to revise the rules on granting extended work permits to suitably qualified quantity surveyors and construction project managers.

Crime: Double Effect

asked Her Majesty's Government:

What is their understanding of the doctrine of “double effect” and its place in the common law relating to homicide. [HL2304]

The Government understand the “double effect” doctrine to be the idea that doing something harmful may be permissible if it is the unintended consequence of a good action. We believe that there is no single agreed approach to the doctrine by philosophers, lawyers or academics.

The Government's understanding of the doctrine's place in the law of homicide is informed by the Law Commission's recent analysis in its consultation paper A New Homicide Act for England and Wales? A Consultation Paper, a copy of which is available in the Library. The relevant paragraphs are 4.72 to 4.91.

Crime: Rape

asked Her Majesty's Government:

Further to the Written Answer by Lord Filkin on 17 February 2003 (WA 150-51) and the Written Answer by Baroness Scotland of Asthal on 29 November 2006 (WA 56), why the given numbers of awards by the Criminal Injuries Compensation Authority to victims of rape in 2001-02 differ. [HL1856]

The information given in both Answers was in fact correct but relates to different data. The 2003 Answer gave information about the number of awards made for “non-consensual vaginal and/or anal intercourse”, while the 2006 Answer gave information about the number of awards made when the “incident type” was initially recorded as rape. I will write to the noble Lord with a fuller explanation.

Crime: Reoffending

asked Her Majesty's Government:

What proportion of crimes in England and Wales they estimate to be committed by (a) released prisoners and (b) offenders who have received community sentences. [HL2084]

Criminal Records Bureau

asked Her Majesty's Government:

What representations they have received on the Halle Orchestra's concerns in relation to the risks involved for children and vulnerable adults in the Criminal Records Bureau's current procedures; what reply they will send; and whether there is any action they will be taking. [HL2050]

No representations have been received regarding the Halle Orchestra's concerns in relation to risks involved for children and vulnerable adults in the Criminal Records Bureau's current procedures and no reply has therefore been issued. If the Halle Orchestra has any concerns about risks to children and vulnerable adults arising from CRB procedures, it should contact the bureau immediately.

Drivers: Working Hours Regulations

asked Her Majesty's Government:

How many prosecutions have been initiated by (a) the Vehicle and Operator Services Agency, and (b) the police against drivers found to be in breach of drivers' hours regulations while driving in Wales in 2005-06; and how many of these affect drivers from the Republic of Ireland. [HL2348]

(a) The number of prosecutions initiated by the Vehicle and Operator Services Agency (VOSA) against drivers found to be in breach of drivers' hours regulations while driving in Wales in 2005-06 is 488. VOSA does not record the nationality of drivers prosecuted.

(b) Available data for 2004 (latest available) and taken from the Court Proceedings Database held by the Office for Criminal Justice Reform show that there were 332 proceedings at magistrates' courts throughout Wales for “failing to observe limits on hours of driving and duty or rest requirements”. This is an offence under the Transport Act 1968 section 96(11)(a).

Data for 2005 will be available later this year. Data for 2006 will not be available until 2008.

Employment Law

asked Her Majesty's Government:

How the law is applied, in the case of first offences, to university students from overseas who have sought paid employment and worked longer hours than permitted by law; and whether they recommend the use of cautions and warnings. [HL1568]

It is the responsibility of the Immigration and Nationality Directorate to frame and enforce the UK's immigration laws. The directorate’s instructions state that a student should not work for more than 20 hours per week during term time, except where the placement is a necessary part of their studies and is approved by their educational establishment.

Each case is considered on its own merits, taking into account the student's academic and attendance records. Where it is established that a student has been working in breach of their conditions, they may be subject to administrative removal. Formal cautions and warnings are not used.

EU: Anti-Fraud Office

asked Her Majesty's Government:

What is the United Kingdom's share of the annual cost of the European Union's Anti-Fraud Office, OLAF; how many prosecutions it has launched since 1997; how many have been successful; and what sums have been recovered thereby. [HL2333]

The United Kingdom makes its contributions to the EC Budget as a whole and not to individual areas of expenditure within it. The estimated expenditure for OLAF in the 2007 EC Budget is €52 million (£35 million). After taking account of the abatement, the United Kingdom share of financing the 2007 EC Budget is estimated to be 12.49 per cent. If OLAF detects fraud, it passes these details to the relevant member state in order that they might take the necessary action through their own judicial processes. OLAF does not itself prosecute.

EU: Article 308

asked Her Majesty's Government:

Further to the debate on 19 February (Official Report, col. 880), for which legal instruments Article 308 of the treaty establishing the European Community has been used as the legal base since 1997. [HL2277]

The information requested cannot be provided without incurring disproportionate cost.

Article 308 requires, in order for it to be used as a legal base for action, that a proposal be necessary for the attainment of a Community objective and have unanimous support at the Council. The Government have given an undertaking that, where the Commission puts forward a legislative proposal citing Article 308 as its legal base, the Commission's justification of this choice of legal base and the Government's assessment of that choice will be provided to the scrutiny committees.

asked Her Majesty's Government:

Further to the debate on 19 February (Official Report, col. 881), what are their criteria for accepting the use of Article 308 of the treaty establishing the European Community as the legal base for European Union legal instruments. [HL2278]

In assessing the legal base of proposals brought forward by the Commission, the Government apply criteria laid down by the Court of Justice in case law dating back to the 1980s and consider each proposal as a whole, in particular its aim and content. Article 308 requires that a proposal be necessary for the attainment of a Community objective and that the Council must act unanimously. The Government have given an undertaking that, where the Commission puts forward a legislative proposal citing Article 308 as its legal base, the Commission's justification of its choice of legal base and the Government's assessment of that choice will be provided to the scrutiny committees.

EU: Budget

asked Her Majesty's Government:

What is the total annual budget of the European Union; how much of this is identified by the European Union's Court of Auditors as being properly spent; and what is the United Kingdom's share of any shortfall. [HL2330]

The latest European Court of Auditors report concerns the EC Budget for 2005. Total expenditure for that year is shown as €104.835 billion (£71.663 billion). The European Court of Auditors cleared around 35 per cent of this expenditure. After taking account of the abatement, the United Kingdom's share of financing the 2005 EC Budget was 12.06 per cent.

EU: Fraud and Mismanagement

asked Her Majesty's Government:

What is their latest estimate of the annual cost of fraud and mismanagement perpetrated in the United Kingdom against funds received from the European Union. [HL2332]

The reporting of irregularities data to the European Anti-Fraud Office (OLAF) is a matter for those departments responsible for the area concerned. The annexe to the 2005 Fight Against Fraud report (document 11660/06 ADD 1), available in the House Library, shows the irregularities reported by the United Kingdom in respect of agricultural expenditure (Annexe 4, page 65) and structural measures (Annexe 7, pages 68 and 69).

EU: Golden Shares

asked Her Majesty's Government:

What is their response to the view expressed by Advocate-General Colomer in his advice to the European Court of Justice that golden shares held by Governments and related agencies in privatised public sector companies are a violation of the European Union rules on free movement of capital. [HL2299]

The comments made by the Advocate-General relate specifically to a German case currently being investigated.

Special shares are permitted under EU law where they are required for public policy, public security or over-riding requirements of the general interest. The Government's aim is to ensure that the ownership of special shares is justifiable and that the terms of the special shares are proportionate. A number of special shares that could not be justified against the criteria of the court have been redeemed since 2003.

EU: Parliament

asked Her Majesty's Government:

Further to the debate on 19 February (Official Report, col. 881), why Lord Davies of Oldham used the word “Parliament” to describe the European Parliament. [HL2279]

In the context that the term “Parliament” was used, including references to the European Council and the treaty, it was clear that I was referring to the European Parliament.

Freedom of Information: Fee Regulations

asked Her Majesty's Government:

Whether they have made an estimate of (a) the change in the number of complaints likely to be made to the Information Commissioner as a result of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2007, if implemented; and (b) the effect of those complaints on the Information Commissioner's ability to deal with the existing backlog of complaints. [HL2127]

The partial regulatory impact assessment published on 14 December 2006 as part of the consultation on the draft Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2007 recognises that in the immediate aftermath of the changes there will be an increase in the number of appeals against the application of the fee regulations leading to an increase in associated costs. It is impossible to say with any certainty how significant these costs might be. It is reasonable to assume that the increase will be confined to the immediate aftermath of the changes. The publication of detailed guidance on the new regulations, together with the provision of appropriate advice and assistance by public authorities, will reduce the impact on the Information Commissioner.

The Information Commissioner is considering the impact of the changes on his office and we will discuss this with him as part of the consultation process.

Health: Unlicensed Medicines

asked Her Majesty's Government:

What powers are available to HM Revenue and Customs to prevent the marketing to United Kingdom mainland consumers of unlicensed medicinal products by companies based in the Channel Islands; and what steps they intend to take to address this issue. [HL2315]

HM Revenue and Customs has no powers to prevent the marketing of unlicensed medicinal products as described. Policy on medicines legislation is the responsibility of the Medicinal and Healthcare products Regulatory Agency (MHRA), but it does not have jurisdiction in the Channel Islands. The islands have their own legislative assemblies.

asked Her Majesty's Government:

What assessment they have made of the revenues lost to HM Treasury as a result of (a) the VAT exemptions enjoyed by businesses based in the Channel Islands supplying unlicensed medicines to United Kingdom mainland consumers, and (b) the ability of such businesses to avoid United Kingdom corporation taxes. [HL2318]

The information requested is as follows:

(a) no such assessment has been made; and

(b) corporation tax would continue to be charged in accordance with the normal residence rules.

asked Her Majesty's Government:

What assessment they have made of the constitutional position of the Channel Islands; and what plans they have to ensure that the special position of the Channel Islands is not abused to provide a home for those marketing illegal and potentially dangerous products to the United Kingdom. [HL2319]

The Channel Islands are self-governing dependencies of the Crown. They have their own directly elected legislative assemblies, administrative, fiscal and legal systems, and their own courts of law. They do not form part of the United Kingdom, and UK legislation does not apply to them unless specifically extended. They are not members of the European Union, but enjoy a special relationship with the EU under Protocol 3 of the UK's treaty of accession.

The UK is working with the authorities in Jersey and Guernsey to determine the extent to which EU legislation governing the composition, presentation and marketing of food supplements and herbal remedies applies. Both Jersey and Guernsey have undertaken to meet any EU obligations that arise.

Immigration: Deportation

asked Her Majesty's Government:

Further to the Written Answer by Baroness Scotland of Asthal on 15 January (WA 124), how they propose to alter the test for deportation of European Economic Area nationals, when this is determined by Directive 2004/38/EC of 29 April 2004; and what provision in current legislation before Parliament addresses this matter. [HL2291]

Immigration: Detainees

asked Her Majesty's Government:

When the form summarising the reasons for the detention of asylum seekers was last revised; what changes were made; and when it is due for further revision to take account of individual reasons. [HL2036]

The notice to immigration detainees informing them of the reasons for their detention and bail rights (form IS91R) is revised from time to time as necessary. The last revision was in June 2006, when minor changes were made to reflect the fact that the notice could be issued by officials acting on behalf of the Secretary of State as well as immigration officers.

We are satisfied that the notice provides detainees with the necessary information about the statutory power under which they have been detained, the reasons for their detention and the factors that have been taken into account in reaching the decision to detain. We have no plans to revise the format of the notice.

asked Her Majesty's Government:

What plans the Home Office has for the strengthening of judicial oversight of the detention of asylum seekers. [HL2037]

The Government have no plans to change the basis on which detention under Immigration Act powers is authorised or reviewed. Existing procedures, including access to the processes of judicial review and habeas corpus to challenge the lawfulness of detention, comply fully with the requirements of Article 5 of the European Convention on Human Rights.

Immigration: European Database

asked Her Majesty's Government:

Whether they will propose to the European Union that a common database of information on source countries be established, so that asylum authorities in all member states operate on the basis of the best and most reliable information. [HL2256]

The Government support the European Commission’s proposal to undertake a feasibility study towards establishing a common portal that will enable all member states to share and access each other's databases of information. We will continue to work closely with EU colleagues on the compilation and assessment of country of origin information (COI). We will continue to collate our own COI, as appropriate to our needs, which is relevant, reliable, current, objective and obtained solely from sources that are, or can be made, available to asylum seekers and their representatives.

India and Pakistan

asked Her Majesty's Government:

What is their response to the agreement signed on 21 February between India and Pakistan to reduce the risks of nuclear accidents. [HL2301]

The Government welcome the agreement signed on 21 February between India and Pakistan. This is an encouraging confidence-building measure and a positive step to reduce the risk of nuclear accidents.

Iraq: Removals

asked Her Majesty's Government:

Further to the Written Answer by Baroness Scotland of Asthal on 11 January (WA 63) on enforced removals to Iraq, on what dates charter flights to Iraq have been undertaken since that date, or are scheduled for the future; and, in each case, how many passengers were carried or are expected to be carried. [HL1541]

A charter flight took place on 5 September 2006 on which 32 Iraqi nationals were removed. A further charter flight is planned for February 2007 with a view to removing up to 38 Iraqi nationals.

Iraq: Smuggling of Explosives

asked Her Majesty's Government:

What progress United Kingdom Armed Forces deployed in south-east Iraq have made in developing and supporting the capabilities of the Iraqi navy and border force to control the smuggling of improvised explosive devices. [HL2132]

Multi-National Division (South-East) conducts training of the Iraqi navy and the Coastguard and Inland Waterways Department (CGIWD). We have a naval training team in Umm Qasr port, which works with the Iraqi navy, and we have elements of MND(SE) actively operating in the port to counter smuggling of all types. We have also conducted a number of joint operations with the Iraqi navy and CGIWD to counter smuggling along the Shaat Al Arab waterway.

The Maysan battlegroup continues to operate in the border regions of Maysan province with elements of the Department of Border Enforcement (DBE). This has also included deployments that have operated with the DBE in the southern marshland areas of the province.

MND(SE) has also recently carried out a joint operation with the DBE and Iraqi security forces that involved the temporary closures of border crossing points between Iraq and Iran. This was aimed at disrupting the flow of illegal imports into Iraq. This also allowed the facilities at crossings to be improved and allowed for further training opportunities for the DBE.

Israel and Palestine: Movement Restrictions

asked Her Majesty's Government:

What is their response to the report by Mr John Dugard, the United Nations human rights investigator in the occupied Palestinian territories, on Israel's restrictions on movements of non-Jews. [HL2271]

We are very concerned by the ongoing movement restrictions highlighted in the report of John Dugard, UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. These restrictions include checkpoints, roadblocks and the barrier.

We call on both parties to implement the 15 November 2005 agreement on movement and access. We have repeatedly raised our concerns about movement and access with the Government of Israel. My right honourable friend the Foreign Secretary raised the issue of movement and access with Israeli Defence Minister Peretz on 6 February. We last raised our concerns about this with the Israeli Government on 19 February.

Israel and Palestine: Prisoners

asked Her Majesty's Government:

What representations they will make to the Government of Israel about the future of approximately 7,000 Palestinian detainees held without due process in Israeli prisons. [HL2272]

We continue to monitor the situation with regard to all Palestinian prisoners. Most Palestinian prisoners have been tried by Israeli courts and have the right of appeal. However, we have concerns about Palestinian prisoners who are being held in administrative detention. All Palestinian prisoners should have access to a fair trial and we call on Israel to comply with international law. We will continue to raise our concerns with the Israeli authorities.

Local Government: Public Holidays

asked Her Majesty's Government:

Whether they will allow individual local authorities to designate specific days as public holidays within their own areas of responsibility. [HL2337]

The present pattern of bank and public holidays is well established and accepted. Therefore the Government have no plans to change the arrangements.

Official Meetings: Mr Philip Anschutz

asked Her Majesty's Government:

Whether the Secretary of State for Culture, Media and Sport or any official within her office has had contact with Mr Philip Anschutz or any of his associates since 1 January 2006; if so, on what date the contact occurred; and what was the nature of such contact. [HL2139]

We have no record of any such contact involving the Secretary of State for Culture, Media and Sport or her private office since 1 January 2006.

Olympic Games 2012: Costs

asked Her Majesty's Government:

Why, as stated in the Times on 20 December 2006, the Department for Culture, Media and Sport does not consider the expense of relocating businesses in order to vacate the Olympic Park as part of the core costs of the 2012 Olympic Games; and for what purpose the businesses are being located. [HL2128]

Olympic Games 2012: Transportation of Materials

asked Her Majesty's Government:

What proportion of construction materials for the Stratford Olympics site are planned to be brought to the site by rail or water; and with which organisations in these industries the Olympic Delivery Authority is in active discussions in order to develop the necessary plans and facilities to achieve this. [HL2269]

The ODA's sustainable development strategy, published on 23 January, sets out its aim to maximise the environmental and health benefits of its transportation and logistics planning for materials during the enabling works and construction phases of the Olympic programme. It aspires for at least 50 per cent of materials, by weight, to be transported to the Olympic Park by water or rail during construction, minimising the impact on the surrounding community and road networks. Where road transportation is used, the ODA will facilitate full journeys, palletised deliveries and routine road shipments, and this will be managed through a mandatory delivery management programme.

The ODA is working closely with British Waterways, Transport for London, the Department for Transport, Network Rail and the Port of London Authority to find ways to transport materials by water and rail. This will be facilitated by water level control of the waterways through the new lock and water control structure on Prescott Channel announced by British Waterways on 28 February.

Passports: Interviews

asked Her Majesty's Government:

Further to the Answer by Lord Bassam of Brighton on 12 October 2006 (Official Report, col. 360), how many of the 605 staff for passport interview offices have been recruited; and what has been the staff cost since recruitment to February 2007. [HL2267]

Of the staff needed to work in the interview offices, 55 have been recruited and have started work. The salary costs of these staff to the end of January total £607,127. A further 539 persons have been offered jobs.

asked Her Majesty's Government:

Under what circumstances a British consular post can refuse to accept an application for a passport where the applicant submits a properly completed application form and supporting documents evidencing that, on the normal balance of probabilities, he is eligible to hold a British passport, and pays the relevant fee; whether, in those cases, the post can decline to give written reasons for the refusal; and under what circumstances the post is authorised to discourage a person from applying. [HL2288]

Passports overseas are issued at the discretion of the Secretary of State for Foreign and Commonwealth Affairs, exercising the royal prerogative. The eligibility for British nationality and the subsequent issue of a British passport are decided by applying the relevant nationality law.

Posts overseas are advised to accept all applications for British passports, but can refuse to issue passports to certain clearly defined categories of individual. Posts are encouraged to give written reasons for the refusal and may discourage an individual from applying if it is clear that the person is not eligible for British nationality and therefore a British passport.

Police: Northern Ireland

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 6 February (WA 129-30), what requirements were stipulated in the job specification for the post of Police Ombudsman for Northern Ireland in 2001; and whether they propose to make any changes when the post is re-advertised in 2007. [HL2067]

The requirements for the post of Police Ombudsman for Northern Ireland were stated in the application form for the post and included the competences: leadership and teamwork, organisation awareness/knowledge, developing and maintaining networks, managing financial and physical resources, judgment and decision-making, and customer service. The appointment process for the next Police Ombudsman will begin shortly. In line with the practice for all public appointments, this will begin with consideration of the job specification.

asked Her Majesty's Government:

Further to the Written Answers by Lord Rooker on 5 February (WA 98-101), what assessment they have made of the work output and value for money of the Police Ombudsman for Northern Ireland (PONI); whether they will review the number of investigating officers employed by the PONI; and whether they have any proposals to reduce the PONI's budget. [HL2113]

Evaluation of the work output and value for money of the Police Ombudsman for Northern Ireland is an ongoing process through assessment of annual budgetary estimates and programmes submitted by the office and in-year monitoring of expenditure in keeping with public expenditure accountability processes and requirements. The ombudsman is responsible for determining staffing levels, including investigating officers, within allocated budgets. There are no plans to reduce the budget allocated to the Office of the Police Ombudsman.

Police: Reorganisation

asked Her Majesty's Government:

Further to the Written Answers by Lord Bassam of Brighton on 26 January (WA 26) and 1 February (WA 79) on the proposed police reorganisation, why the payment made to the Lincolnshire authority exceeded the upper limit of £100,000 set by the Government. [HL2042]

Lincolnshire Police Authority had committed to a contract for programme office premises on behalf of all five east Midlands region authorities on advice from the Home Office, prior to their merger plans being halted. Given that this cost substantially raised the amount of this authority's additional expenditure, and the total claimed by the other authorities in the region had been reduced as a consequence, we agreed that this additional commitment should be reimbursed in isolation from considering Lincolnshire's other additional costs.

asked Her Majesty's Government:

How they arrived at the figure of £100,000 as the upper limit for compensation to police authorities for expenditure on merger plans; and what consultation was held with the authorities before the figure was decided. [HL2043]

The police authorities were invited to submit claims for their additional expenditure on merger plans. An upper limit of £100,000 was set to ensure that the total amount paid to police authorities was affordable from available funds and that it would provide a threshold under which the majority of forces could expect to be fully reimbursed for their additional costs on this work.

asked Her Majesty's Government:

Why the Cumbria and Lancashire police authorities, which had undertaken a voluntary pilot merger, were compensated in full for the work carried out when an upper limit of £100,000 was applied to other authorities. [HL2044]

Cumbria and Lancashire were an exceptional case in the preparations for mergers as they formed the pilot for the merger process and had advanced further in their preparations for amalgamation than the other police authorities. It had been agreed before the national plans for mergers were halted that the Home Office would reimburse Lancashire and Cumbria for the cost of their joint programme office and would further fund their pioneer work towards developing lessons learnt by undergoing the merger process on an accelerated timetable.

Prisoners: Absconds

asked Her Majesty's Government:

How many prisoners absconded from open prisons in the east of England region in each of the last 10 years, broken down by each institution; how many absconded for more than six months; and how many were not recaptured. [HL2187]

In the east of England region, there is one open prison, Hollesley Bay, and another that has an open element, Norwich prison. The total number of absconds from each establishment is set out in the following table. Accurate data on recaptures are not currently available.

Number of absconds at Hollesley Bay and Norwich Prison

Hollesley Bay

Norwich Open Element**

Total Absconds

Total Absconds

1997-98

13

N/A

1998-99

25

N/A

1999-00

11

N/A

2000-01

24

N/A

2001-02

8

N/A

2002-03

14

N/A

2003-04

36

N/A

2004-05

32

8

2005-06

16

2

2006-07*

18

2

*Current financial year up to and including 31 January 2007.

**The open element became operational in 2004-05.

Prisoners: Life Sentences

asked Her Majesty's Government:

How many life prisoners are currently held beyond the tariff set by the trial judge; and what are the principal reasons for this. [HL2063]

The latest available information on the detention of tariff-expired life sentence prisoners remains as set out in Lord Falconer's reply to you on 6 February 2003. Unfortunately, data relating to the number of such prisoners currently being held beyond the tariff expiry date are no longer held centrally and could be obtained only at disproportionate cost.

The release of tariff-expired life sentence prisoners is a matter for the independent Parole Board. No life sentence prisoner can expect to be released unless and until the Parole Board is satisfied that continued detention is no longer necessary for the protection of the public. The main criterion governing the board's consideration is the risk of serious harm that the prisoner may pose to others.

Prisoners: Supervision

asked Her Majesty's Government:

How many prisoners are currently subject to supervision under the multi-agency public protection arrangements. [HL2064]

Within the multi-agency public protection arrangements (MAPPA), the police, probation and prison services work together to assess and manage the risk presented by the most serious sexual and violent offenders in the community, so as to protect the public. Serving prisoners are not therefore subject to active MAPPA supervision. However, prisoners who need to be supervised within MAPPA on release from custody are assessed well in advance of their release date, in order that the MAPPA agencies may draw up risk management and supervision plans to take effect as soon as they are released.

National and local data on MAPPA offenders managed in the community are available in the Libraries of both Houses and at www.probation.homeoffice.gov.uk/output/page30.asp.

Roads: School-related Traffic

asked Her Majesty's Government:

What information or statistics they hold about the percentage of car traffic in urban areas in England in the morning rush hour which is school-related. [HL2233]

According to the National Travel Survey in 2005 14 per cent of car trips between 8 am and 8.59 am in urban areas during term time in England were for “escort education”, mainly taking children to school.

Sport: 2006 European Athletics Championships

asked Her Majesty's Government:

What was the total amount spent on the British team's participation in the 2006 European Athletics Championships in Gothenburg, including both the funding received directly by the athletes and the funding spent on preparation, training camps and support staff. [HL2196]

As UK Athletics is a company limited by guarantee, neither the Government nor UK Sport, their lead agency for high-performance sport, are in a position to confirm the total amount spent on the British team at the European Championships in Gothenburg.

However, UK Sport is providing a total of £5,284,053 to UK Athletics between April 2006 and 2007, during which time the European Championships took place. This comprises £4,534,066 for UK Athletics’ high-performance programmes and operations, and £749,987 for athlete personal awards.

Sport: UK Athletics

asked Her Majesty's Government:

What were the annual payroll costs of UK Athletics in 2006; and [HL2167]

How many people are currently employed by UK Athletics; and whether there are any plans to change this number. [HL2168]

UK Athletics is a company limited by guarantee and is not therefore directly accountable to Government for its day-to-day operations. For this reason, neither the Government nor UK Sport, their lead agency for elite sport, are in a position to provide this information.

asked Her Majesty's Government:

What is their assessment of the comments made by Frank Dick, the former head of British Athletics, reported in the Evening Standard on 10 December 2006, on changes that need to be made to UK Athletics before the London Olympics in 2012. [HL2215]

UK Sport, the Government's lead agency for elite sport, is working closely with all national governing bodies for sport, including UK Athletics, to help them to deliver effective and efficient high-performance programmes. It welcomes any constructive comments on how the programmes can be improved in order to deliver the best possible performance across all Olympic and Paralympic sports in the run-up to 2012.

Taxation: VAT

asked Her Majesty's Government:

What is the total number of outstanding claims against HM Revenue and Customs for the repayment of VAT allegedly charged improperly from 1970 to the present day. [HL2302]

There are 1,070 claims currently lodged with HM Revenue and Customs for repayment of VAT covering various periods from 1 April 1973 to the present day, of which 617 are subject to appeal before the VAT and Duties Tribunals.

Terrorism: Independent Reviewer's Report

asked Her Majesty's Government:

Why the second report of the independent reviewer pursuant to Section 14(3) of the Prevention of Terrorism Act 2005 by Lord Carlile of Berriew, dated November 2006, was not published until 19 February 2007. [HL2334]

Lord Carlile’s second annual report pursuant to Section 14(3) of the Prevention of Terrorism Act 2005 is dated January 2007, not November 2006. It was published as soon as practicable, given the February Recess. His additional report on the Secretary of State's quarterly reports to Parliament under Section 14(1) of the 2005 Act is dated November 2006; that was published in December 2006 and is also included as an annexe to his second annual report on the 2005 Act.

Transport: Spending

asked Her Majesty's Government:

Whether any assessment has been made of the comparative levels of spending on transport as a proportion of gross domestic product in the United Kingdom compared with other European Union countries; and, if so, what those comparative levels of spending are. [HL2305]

No recent comparable figures are available on levels of public spending on transport in EU countries.

We are aware that Eurostat publishes data relating to consumption spending on transport for the EU 25. Data on the final consumption of households for transport are published in Energy and Transport in Figures (2006). We have not made an assessment of what this spending is as a proportion of GDP for these countries.

Turkey: Human Rights

asked Her Majesty's Government:

Whether they have made, or intend to make, representations to the Government of Turkey concerning the safety and welfare of the Kurdish human rights lawyer, Miss Rojbin Tugan. [HL2169]

We are aware of the situation but have not made representations to the Government of Turkey regarding Ms Tugan's safety and welfare. However, our embassy in Ankara is in touch with Ms Tugan and we have assured her that we will do so, if she wishes us to.

Waste Management: Brofiscin Quarry

asked Her Majesty's Government:

What steps are being taken by the Environment Agency in Wales against individuals and companies relating to contamination by toxic chemical wastes dumped in Brofiscin Quarry; whether there is a timeframe for this action; and what steps are being taken to remedy the contamination at that site. [HL2313]

The Environment Agency Wales and the local authority, Rhondda Cynon Taff County Borough Council, have been working in partnership with the local health board, the National Health Service in Wales and the Food Standards Agency to ensure a co-ordinated approach to the issue at Brofiscin Quarry.

While the investigations of the Environment Agency in Wales have confirmed pollution of deep groundwater and intermittent pollution of surface waters, they have found no detectable risk to drinking supplies. The agency will be publishing its latest report on this matter in the spring of this year, which will bring together all monitoring results taken to date and provide an interpretation of what is happening on site.

Assessment of what appropriate remedial action is necessary is ongoing. Investigations into identifying the “appropriate persons” responsible for the cost of these remedial works are also still ongoing.