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Written Answers

Volume 690: debated on Thursday 15 March 2007

Written Answers

Thursday 15 March 2007

Abortion

asked Her Majesty's Government:

Whether they have any plans to commission further research into the causes and treatment of the post traumatic stress disorder, post-abortion syndrome. [HL2468]

The safety and psychological effects of abortion were considered by the Royal College of Obstetricians and Gynaecologists (RCOG) in its updated evidence-based guideline, The Care of Women Requesting Induced Abortion (2004). In updating the guidance, the RCOG took account of the most recent national and international evidence. This is taken into account in the recommendations concerning information for women and abortion aftercare. The guideline recommends that referral for further counselling should be available for the small minority of women who experience long-term post-abortion distress.

The department has no current plans to commission an independent study of the long-term effects of abortion on the health of women, but keeps all new and emerging evidence under review.

Agriculture: Wages

asked Her Majesty's Government:

How many complaints they have received from migrant workers about non-payment or delayed payment of wages; of these, how many referred to payments lower than the national minimum wage or the levels set by the agricultural wages order; and whether they have received complaints of abuses relating to accommodation and other matters.[HL2556]

Aviation: Engine Lubricants

asked Her Majesty's Government:

Whether, in light of Lord Rooker's comments on 26 October 2006 (HL Deb, cols. 1283–84), they have commissioned research, independent of airlines and aircraft, engine and lubricant manufacturers, into the possible health risks from the use of organophosphates in aircraft engine lubricants. [HL2512]

No research has been commissioned.

The Department for Transport has asked the department to undertake an independent scientific review of data submitted by the British Airline Pilots Association (BALPA). BALPA submitted data relating to organophosphates, the cabin air environment, ill-health in aircraft crews and the possible relationship to smoke/fume events in aircraft. The discussions are still ongoing by the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT). The next meeting of the COT is on 20 March 2007. The relevant papers can be found on its website at: www.advisorybodies.doh.gov.uk/cotnonfood/index.htm and www.food.gov.uk/science/ouradvisors/toxicity/

British Citizenship

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 18 January (WA 172) on discussions with Nepal on citizenship law, whether they will include in the list of matters to be raised by the Minister for International Development during his visit to Nepal next week, a request to the Nepalese authorities to confirm that the record of the meeting on 22 November 2006 prepared by the United Kingdom accurately sets out the Nepalese position. [HL2433]

My honourable friend the Parliamentary Under-Secretary of State for International Development was unfortunately unable to visit Nepal.

Officials at the British Embassy in Kathmandu continue to seek confirmation from relevant officials at the Ministry of Home Affairs, that our record of the meeting on 22 November 2006 accurately sets out the Nepalese position.

asked Her Majesty's Government:

Whether it is a requirement that a person must hold a valid British National (Overseas) passport to register as a British citizen under the British Nationality (Hong Kong) Act 1997; and if not, why the Ethnic Minorities Citizenship Unit of the British Consulate-General in Hong Kong advises callers that they are ineligible to apply for British citizenship if they do not hold a British National (Overseas) passport. [HL2549]

It is not a requirement to hold a valid British National (Overseas) passport and callers are not advised they are ineligible to apply for any reason. However, potential applicants will be advised if British Consulate-General officials in Hong Kong consider that an application will not be successful.

asked Her Majesty's Government:

What information needs to be provided when requesting an appointment to register as a British citizen at the Ethnic Minorities Citizenship Unit of the British Consulate-General in Hong Kong; under what circumstances it is lawful for a caller to be denied a request for such an appointment; and whether an appointment may be requested by sending the unit a written request by post, e-mail or fax. [HL2550]

An appointment may be made by post, e-mail, fax or phone call. A request for an appointment is never denied. Name and contact details are the only information needed to make an appointment.

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 26 June 2006 (WA 120), whether passport officers at British consular posts abroad are issued with guidance that the standard of proof for establishing an ipso jure claim to British citizenship, British Overseas Territories citizenship, British Overseas citizenship, British National (Overseas), British subject and British protected person status is the normal balance of probabilities; and, if not, whether they will issue such guidance to British consular posts and place a copy in the Library of the House. [HL2551]

Guidance to Foreign and Commonwealth Office staff on issuing passports overseas is centred upon the provisions of the various British Nationality Acts which establish how a claim to British nationality can be derived. There is no provision in any of the Acts for determining a claim to British nationality on the balance of probabilities.

asked Her Majesty's Government:

Why certain applicants for British citizenship at the British Consulate-General in Hong Kong are being asked by officers at that unit to sign a declaration stating that they do not hold British nationality when it is a requirement under the relevant legislation that they are solely a British national on certain dates; and whether they will explain under what circumstances such a declaration is needed. [HL2552]

asked Her Majesty's Government:

Whether a person who became a British Overseas citizen on 1 July 1997 by virtue of Article 6(1) of the Hong Kong (British Nationality) Order 1986 may lose that citizenship without lawfully making a declaration of renunciation on form RN1 and paying the relevant fee; and whether any person has ceased to be a British Overseas citizen without making such a declaration. [HL2553]

Once an individual becomes a British Overseas citizen, they retain this status until they successfully renounce or register as a British citizen.

British Coal Compensation

asked Her Majesty's Government:

Whether they have conducted any investigation into the Miners and General Workers Compensation Recovery Unit which trades in miners' industrial disease claims. [HL2563]

asked Her Majesty's Government:

What is their response to the recent announcement by the chairman of the Solicitors Regulation Authority of a further investigation into solicitors involved in the improper referral of personal injury and industry disease cases. [HL2564]

The Government are pleased to note that progress is being made, but it is important that the Law Society continues to explore ways to improve the service that is offered to these claimants.

asked Her Majesty's Government:

What is their response to the recent statement by the chairman of the Solicitors Regulation Authority about the progress in the disciplinary cases being pursued against solicitors involved in the British Coal litigation. [HL2565]

Progress is being made though not as quickly as the Government would like. It is important that these investigations are pursued thoroughly to conclusion so that both claimants and solicitors can be assured that justice has been served and processes going forward meet the required standards.

asked Her Majesty's Government:

Whether they have made an assessment of the legal representation available to retired miners, their widows and families in pursuing complaints against their former solicitors in the British Coal litigation; whether they will provide the names of solicitors who have provided such legal service; and whether those solicitors have acted pro bono. [HL2566]

asked Her Majesty's Government:

Whether they will make an assessment of the report by Lord Lofthouse of Pontefract into the British Coal vibration white finger litigation, British Coal respiratory disease litigation and British Coal industrial deafness litigation, which will be placed in the Library of the House on 18 April. [HL2567]

British Overseas Territories

asked Her Majesty's Government:

Whether the rights of those who live in British Overseas Territories can be taken away from them. [HL2469]

In general, rights of the individual established under the constitution of an Overseas Territory, or provided for in other legislation, can only be taken away by passing amending legislation. Rights of the individual established by a treaty, which has been extended to an Overseas Territory, can only be removed by extending an amending treaty to the territory, or by denunciation of the treaty. A view would have to be taken at the time as to whether it was appropriate and legal to remove any right.

Cyprus

asked Her Majesty's Government:

Whether the accession chapters being negotiated between the European Union and Turkey include the issue of Turkish settlers in Northern Cyprus and their possible repatriation; and how they assess this issue in comparison with other confidence-building measures which all parties could adopt so as to improve the climate for a final settlement.[HL2555]

The accession chapters being negotiated between the EU and Turkey are aimed at aligning Turkey with EU norms. The chapters do not include the question of Turkish settlers in Northern Cyprus. This issue is likely to be resolved only through a comprehensive settlement supported by both communities on the island.

Confidence-building measures have an important role to play in creating a favourable environment for a final settlement. For example, the opening of a crossing point at Ledra Street would be an important and symbolic confidence-building measure. In this context, we have welcomed the removal of both the bridge and the wall at Ledra Street, and hope that these moves will lead to an agreement on the opening of the crossing as soon as possible and reunification of the centre of Nicosia. We have encouraged the two communities to build upon the recent demolition of the wall and to commit themselves in good faith and without delay to making early substantive progress on solving the Cyprus problem.

Diplomatic Service List

asked Her Majesty's Government:

Why the Diplomatic Service List publication has not been issued for 2007. [HL2533]

The Diplomatic Service List was previously published by the Stationery Office and had a print run of approximately 2,200 copies. The process of maintaining and collating details of staff movements and biographical data was a year-round task and labour intensive. A review of the Diplomatic Service List in 2006 concluded that the cost of its publication outweighed the benefits and it was decided that the 2006 edition would be the last.

Information on our diplomatic posts is available at: www.fco.gov.uk/servlet/Front?pagename=Open Market/Xcelerate/ShowPage&c=Page&cid=1007029395231.

Energy: Microgeneration

asked Her Majesty's Government:

What assessment they have made of the annual revenue loss of not taxing householders on income from energy generated through microgeneration and fed back into the grid. [HL2482]

The announcement made at Pre-Budget Report 2006 that the Government will not tax householders on income from the sale of microgenerated electricity constitutes a clarification of the tax position for those householders. The Government do not currently collect tax on the income covered by the announcement and so there is no revenue loss to the Exchequer.

Energy: Renewables Obligation Scheme

asked Her Majesty's Government:

What is their estimate of the total revenue received through the sale of renewable obligation certificates (ROCs) during each year of the operation of the Renewables Obligation Scheme by (a) renewable energy producers; (b) traders of ROCs; and (c) HM Treasury. [HL2484]

The Renewables Obligation Scheme is a market-based mechanism. It requires suppliers to source an increasing percentage of their sales from eligible sources of renewable energy.

Suppliers meet their obligation either by presenting renewables obligation certificates (ROCS); paying a buy-out price; or a combination. ROCs are issued to generators for each MWh of eligible renewables energy generated. The generators then sell to the suppliers enabling them to meet their obligation.

(a) As this price is determined by the market and is a private contractual matter between the companies, government do not hold data on it.

(b) The Non Fossil Purchasing Agency (NFPA) trades ROCs. It purchases the output (and associated ROCs) from the generators subject to the Non Fossil Fuel Obligation at the contract price. It then sells this to electricity suppliers via on-line auctions, with any surplus being paid into the Fossil Fuel Levy. For the period in question, the surplus paid in was:

2002-03

£58 million

2003-04

£83 million

2004-05

£83 million

2005-06

£121 million

(c) HM Treasury does not receive revenue directly from the sale of ROCs.

EU: Article 308

asked Her Majesty's Government:

Further to the Written Answer by Lord Triesman on 6 March (WA 30), why they would incur disproportionate cost to reveal the legal instruments passed since 1997 which rely on Article 308 of the Treaty Establishing the European Community as their legal base. [HL2596]

All Written Parliamentary Questions are currently subject to a cost limit of £600. It would exceed this limit for Foreign and Commonwealth Office officials to provide the information of which legal instruments with Article 308 of the Treaty Establishing the European Community (TEC) as their legal base have been passed since 1997—thus incurring disproportionate cost.

Article 308 of the TEC has been in force since 1999. 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 will be provided to the scrutiny committees. We could revert to every Explanatory Memorandum provided to the scrutiny committees since then to determine if Article 308 of the TEC was the legal base cited. However, Explanatory Memoranda have been held centrally only since 2004. In order to compile the list requested, as well as checking three years of centrally held Explanatory Memoranda, each government department would need to check every Explanatory Memorandum issued between 1999 and 2004. We estimate that to do so would incur disproportionate cost.

The European Commission maintains the Europa website which provides public access to information about the EU. The Eur-Lex database on that website allows consultation of the Official Journal of the EU and it includes inter alia the treaties, legislation, case-law and legislative proposals. That database can be consulted at http://eur-lex.europa.eu/en/index.htm. However, the Commission publishes a disclaimer on its website which notes that information is “not necessarily comprehensive, complete, accurate or up to date”.

asked Her Majesty's Government:

Further to the Written Answer by Lord Triesman on 6 March (WA 30–1), whether, in assessing the legal base of proposals brought forward by the Commission under Article 308 of the Treaty Establishing the European Community, they take account of the requirement in that article that the attainment of the relevant Community objective must be in the course of the operation of the common market. [HL2597]

Proposals advanced within the European Union under the provisions of Article 308 of the Treaty Establishing the European Community must relate to the working of the common market. Where Article 308 is proposed as a legal base, the Government provide Parliament with an Explanatory Memorandum explaining the connection of the proposal to the operation of the common market.

EU: Single Market

asked Her Majesty's Government:

Whether they have made an assessment of the recent comments from the European Business School finance and banking team that a European Union single market cannot be completed without a single currency system. [HL2452]

The Government set out their priorities for policies to strengthen the single market in their recent paper, The Single Market: A vision for the 21st century. These include further measures to improve Community level policies—in the areas of better regulation, competition and the implementation and enforcement of single market rules—and further structural reforms in member states.

The Government's policy on membership of the single currency remains as set out by the Chancellor in his Statement to the House of Commons in October 1997, and again in the Chancellor's Statement on the five tests assessment in June 2003

Gambling: Betting Offices

asked Her Majesty's Government:

How many licensed betting offices there are in the United Kingdom. [HL2561]

According to the DCMS Statistical Bulletin on Licensed Betting (June 2002 to May 2003), the number of licensed betting offices in Great Britain is 8,804.

From 1 September 2007, the Gambling Commission will have regulatory responsibility for operators in the betting industry. Local licensing authorities will issue and regulate premises licences for each betting office. In 2008, the Gambling Commission will publish updated figures on the number of licensed betting offices based on the premises licences issued by local authorities and the number of operating licences issued by the commission.

Gambling: Casinos

asked Her Majesty's Government:

How many registered casinos there are in the United Kingdom. [HL2562]

At 9 March 2007, 139 casinos were licensed and operating in Great Britain under the Gaming Act 1968, and a further five casinos had closed but still held their licences.

House of Lords: Membership of Public Bodies

asked Her Majesty's Government:

Whether they will list Members of the House of Lords, by party affiliation, who have been appointed as paid chairs of non-departmental public bodies and government agencies in each year since 1997, and the annual payment receivable in respect of each chairmanship at the time of appointment; and [HL2470]

Whether they will list Members of the House of Lords, by party affiliation, who currently serve as paid chairs of non-departmental public bodies and government agencies in each year since 1997, and the annual payment receivable in respect of each chairmanship at the time of appointment. [HL2471]

For each year since 1998, the names of chairs of public bodies and details of their remuneration can be found in the annual Cabinet Office publication Public Bodies. Copies are available in the Library for the reference of noble Lords and are also available on the following website: www.civilservice.gov.uk/other/agencies/public_bodies/index.asp. Information relating to party affiliation is not collected.

Information Systems: DCLG

asked Her Majesty's Government:

In respect of the Department for Communities and Local Government, (a) on how many occasions in the past year malicious programs have compromised departmental computer systems; and, for each occasion, how many machines were affected; how long it took to remove the programs from the system; and what was the impact on the department's activities; (b) what penetration tests of information systems have been carried out over the past year and what were the results, indicating in each instance whether the tests were carried out independently of the providers of the system concerned; and (c) on how many occasions in the past year the departmental management team has considered information risk. [HL2475]

The following information relates to 2006.

The Department for Communities and Local Government's IT systems were not compromised by malicious programs.

The department conducted three penetration tests:

Managed Perimeter Gateways;

HP ServiceDesk; and

Link DataCentres.

All of the above were carried out independently of the service provider, and the results approved by the department's accreditor.

Information risks are monitored and managed as part of the department's risk management activities, and they are considered as and when required.

Information Systems: FCO

asked Her Majesty's Government:

In respect of the Foreign and Commonwealth Office, (a) on how many occasions in the past year malicious programs have compromised departmental computer systems; and, for each occasion, how many machines were affected; how long it took to remove the programs from the system; and what was the impact on the department's activities; (b) what penetration tests have been carried out of information systems over the past year and what were the results, indicating in each instance whether the tests were carried out independently of the providers of the system concerned; and (c) on how many occasions in the last year the departmental management team has considered information risk. [HL2440]

In the past year, malicious programs (such as worms, viruses, etc) have not compromised the strategic computer systems at the Foreign and Commonwealth Office (FCO). The FCO does not comment on the IT security arrangements it has in place. The FCO keeps information risk under constant review, with activity summarised on a monthly basis for the relevant management groups.

Iraq: Military Casualties

asked Her Majesty's Government:

Further to the Written Answer by Lord Drayson on 22 June 2006 (WA 102) on military casualties in Iraq, whether they are now able to provide the requested information. [HL2138]

The information is given below:

War Pension Scheme—34 awards were made in respect of British service personnel. From receipt of papers to the notification of award the average time taken was 38 working days; and in the one Commonwealth case the time taken was 89 working days.

Armed Forces Compensation Scheme—the 11 cases identified were all in respect of British service personnel. For the 10 cases where an award has been made, the average time taken was 91 working days. One case is still under consideration as tests in relation to parentage have only recently been finalised.

Examination of the remaining 11 cases revealed that compensation awards were not appropriate.

The Armed Forces Personnel Administration Agency has concluded its examination of the 111 cases originally identified, finding that the average time taken to consider financial compensation for the dependants of those killed by hostile action was 38 working days. There were no Commonwealth cases identified. Examination of the remaining four cases revealed that compensation awards were not appropriate.

Local Government: Council Tax

asked Her Majesty's Government:

What would be the process for extending the current 25 per cent discount on council tax to other designated groups in a two-tier council area.[HL2575]

Under Section 11(1) and (3) of the Local Government Finance Act 1992 (“the 1992 Act”), a 25 per cent discount (“the discount”) applies in respect of a chargeable dwelling and a particular day if on that day:

there is only one resident of the dwelling and that person does not fall to be disregarded for the purposes of the discount; or

there are two or more residents of the dwelling and each of them except one falls to be disregarded for those purposes.

Schedule 1 to the 1992 Act has effect for determining who must be disregarded and paragraph 11 of that schedule provides that a person must be disregarded on a particular day if on that day:

the person falls within such description as may be prescribed by the Secretary of State by regulations; and

such conditions as may be prescribed by the regulations are fulfilled.

Depending on the precise circumstances, it may be possible to use the power in paragraph 11 to extend the discount. If that is not possible, any extension in the operation of the discount is likely to require primary legislation.

There are also other powers in the 1992 Act which it may be possible to use to achieve a very similar result. For example, under Section 13 of the 1992 Act the Secretary of State may by regulations prescribe conditions which, if met, would result in a person liable to council tax paying a reduced amount of tax. In addition, under Section 13A of the 1992 Act, a billing authority may reduce to such extent as it sees fit the amount of council tax which a person is liable to pay in respect of a chargeable dwelling situated in the authority's area. The power in Section 13A may be exercised in relation to particular cases, or by determining a class of case in which liability is to be reduced.

Any changes to the present council tax system will be made only in the light of the recommendations of the final report of Sir Michael Lyons' independent inquiry, which will be published around the time of the Budget.

New Deal

asked Her Majesty's Government:

How many participants there have been in the New Deal for Lone Parents in each month since 1998 in the city of Manchester; how many of those have successfully found employment in each month; and how many have remained in employment for longer than six months. [HL2382]

Information has been placed in the Library on the number of participants there have been on the New Deal for Lone Parents, and the number of those who have found employment, in each month since 1998, in the Manchester local authority area. This is the closest data which match the city of Manchester area. Data is to August 2006.

Of those gaining a job through the New Deal for Lone Parents in the Manchester local authority area since October 1998 when the programme started, 3,030 people have remained in employment for longer than six months.

Sudan: Refugees

asked Her Majesty's Government:

How they are assisting the United Nations High Commissioner for Refugees and other humanitarian agencies with the return of refugees to southern Sudan from Egypt and other neighbouring countries; and what have been the results of this assistance. [HL2546]

The return of people to their homes in Sudan is a major priority for the international community in 2007, particularly in the first half of the year, before the rains make movement difficult. The United Nations High Commissioner for Refugees (UNHCR) predicts 100,000 refugees will return to the south in 2007, in addition to 500,000 internally displace people. The majority of the refugees will come from Ethiopia, Uganda and Kenya, with Egypt making up a very small percentage.

Since 2004, an estimated 1 million people have returned to their homes in the south. The UNHCR has provided some of these with assistance but the majority are spontaneous returnees. DfID has channelled all its funding for the returns process through the UN-administered Common Humanitarian Fund (CHF). Of the $133 million allocated so far by the CHF in 2007 (of which the DfID contribution makes up 60 per cent), $12.4 million was given to support the returns process. The majority went to the UNHCR.

A considerable amount of the CHF funding for other sectors (for example, water and sanitation, health and nutrition) in the south ($50 million) and the three areas ($17.8 million) is also targeted at areas of return for refugees and the internally displaced.

Of the $63 million that the UNHCR received last year for similar operations, the CHF provided $14 million.

asked Her Majesty's Government:

Whether they have requested the United Nations High Commissioner for Refugees (UNHCR) and the Government of Egypt (a) to inquire into the deaths of Sudanese refugees at the hands of riot police outside the UNHCR office in Cairo in December 2005; and (b) to provide adequate assistance to the remaining Sudanese refugees in Cairo under the United Nations and Organisation for African Unity refugee conventions. [HL2547]

In January 2006, our ambassador in Cairo raised with the Egyptian Foreign Ministry our concerns about the death of Sudanese refugees during a police operation to disperse a demonstration by refugees in December 2005. He pressed for an inquiry into what had taken place. We understand that the Egyptian public prosecutor subsequently began an investigation into the incident; we continue to press for news about its progress.

The Egyptian and Sudanese Governments held official discussions about the payment of compensation to families of the victims of the incident in December 2005. We have raised the incident and more generally the importance of upholding human rights and the fair treatment of Sudanese refugees in Egypt both with the Egyptian authorities and with the United Nations High Commissioner for Refugees (UNHCR), and have reminded both of their obligations in this regard.

The UNHCR office in Cairo works for the protection of all refugees and asylum seekers in Egypt. In addition, it provides material assistance to individual refugees and asylum seekers within the limits of its budget. It is also building community assistance structures and providing vocational training and job placement services for them.

Taxation: VAT Carousel Fraud

asked Her Majesty's Government:

What discussions they are conducting with other countries on missing trader and carousel fraud. [HL2572]

MTIC fraud is a European-wide problem and recognised as a major threat by the European Commission and all member states. HMRC continues to work very closely with European partners, sharing intelligence and undertaking joint exercises to tackle this fraud.

Additionally, the UK is taking an active role in EU discussions on finding Community-wide solutions to tackling VAT fraud, including improvements to the current mutual assistance arrangements, exchange of information and legislative tools to enable member states to combat VAT fraud.

The UK is proactive in raising awareness of the fraud and its perpetrators in international fora and hosted a conference for European law enforcement agencies and tax authorities in February 2007.

The Government are also working with international partners to strengthen mutual assistance arrangements with the main destination countries used by the fraudsters. As a result of these arrangements, the volume of MTIC-related goods passing through third countries has now dropped.