Written Answers
Tuesday 19 June 2007
Airports: Heathrow
asked Her Majesty's Government:
What targets they set for the British Airports Authority in respect of the time taken for passengers to pass through security control at each terminal of London Heathrow Airport. [HL4266]
The Civil Aviation Authority (CAA) is responsible for the economic regulation of Heathrow Airport. The current performance standard, set by the CAA, is that passengers should queue for less than 10 minutes on 95 per cent of the occasions when the queue is measured.
Allotments
asked Her Majesty's Government:
What progress has been made on the commitment made in the Living Places: Cleaner, Greener, Safer report by the Office of the Deputy Prime Minister in October 2002 to improve information on allotments by updating the 1996 survey. [HL4216]
We commissioned the University of Derby in February 2004 to undertake an update of the 1996 English allotment survey. The survey was expanded to cover community gardens and city farms. Fieldwork was carried out between March 2004 and mid-June 2005. A summary of the key findings was published on 28 September 2006. Additionally, we are developing a green space database to provide a more comprehensive information base on green spaces, including allotments.
Border and Immigration Agency
asked Her Majesty's Government:
What training about the cultural norms and practices that apply in the countries from which most asylum applicants come is given to interviewers and interpreters working for the Border and Immigration Agency. [HL3993]
Cultural norms and practices are a theme that is considered and discussed throughout the formal training programme for case owners in regional managed asylum teams and caseworkers in the case resolution directorate, and are more specifically aired during the interviewing skills training that takes place for up to five days. In advance of each interview, case owners and caseworkers consult and refer to country reports—compiled from a wide range of reliable, well recognised and balanced external sources—and operational guidance notes, which identify cultural norms and practices of a particular nationality.
Interpreters engaged by the Border and Immigration Agency are freelance. They are expected to attend one or two days’ training provided by the Institute of Linguists. The training covers the role of public service interpreter and the standards expected by the Border and Immigration Agency.
Botswana: Indigenous Peoples
asked Her Majesty's Government:
How they are assisting the Government of Botswana to implement the recent High Court decision in favour of the indigenous people of the Kalahari reserve; when they will ratify International Labour Organisation Convention 169, concerning indigenous and tribal peoples in independent countries; and what assessment they have made of the role of British companies in Botswana in relation to this convention. [HL4271]
We are encouraging the Government of Botswana to take an inclusive approach to finding a sustainable solution to the future use of the Central Kalahari Game Reserve through dialogue and negotiation with the San (Bushmen). My right honourable friend the Minister for Trade, Investment and Foreign Affairs (Ian McCartney) raised the issue at the highest level during his visit to Botswana in early June.
The UK position with regard to the 1989 International Labour Organisation (ILO) convention on indigenous and tribal peoples (ILO 169) was set out in a 1989 White Paper (Command Paper 1078, Convention on Indigenous and Tribal Peoples in Independent Countries). As the White Paper noted, ILO 169 was essentially an update of the 1957 ILO Convention 107. The White Paper explained that Convention 107 could not be applied in the UK as there were no indigenous, tribal or semi-tribal people there, and so had not been ratified by the UK. Copies of the 1989 White Paper are available in the Library of the House. We have therefore made no assessment of the role of British companies in Botswana in relation to Convention 169.
British Citizenship
asked Her Majesty's Government:
Further to the Written Answer by Baroness Scotland of Asthal on 17 May 2006 (WA 37) on British citizenship, why no information about Nepalese citizenship law has yet been incorporated into the nationality instructions; and when they intend to do so. [HL4209]
Instructions to nationality staff could not be issued until the Nepalese position regarding dual nationality had been clarified. This has now been done and the instructions will shortly be issued on the Border and Immigration Agency website.
asked Her Majesty's Government:
Whether, having regard to Chapter 6.3 of the Home Office nationality instructions, a British overseas citizen who makes a British citizenship application using Form EM is automatically considered for eligibility to be registered as a British citizen under the criteria applicable to Form B(OS). [HL4222]
Guidance to this effect is contained in Chapter 6.4.6 of the instructions, which may be accessed on the Border and Immigration Agency's website at www.ind.homeoffice.gov.uk/documents/nichapter6/. A copy of the instructions will also be placed in the House Library.
Children: Breastfeeding
asked Her Majesty's Government:
Whether, in view of the assurances given in October 2006 by the Immigration Minister, Mr Liam Byrne, they will ask the Children's Commissioner to carry out an independent inquiry into the circumstances in which a breastfeeding mother was separated from her infant while detained in Yarl's Wood immigration removal centre. [HL3978]
The Home Office’s Immigration Minister has instructed the children’s champion for the Border and Immigration Agency to investigate the circumstances of the separation of a breastfeeding mother from her baby and to make recommendations. A copy of those recommendations, and the agreed action to implement them, will be placed in the Libraries of both Houses.
asked Her Majesty's Government:
Whether they will develop new procedures and safeguards to ensure that police forces and social services officers of local authorities review the detention of breastfeeding mothers to ensure that they are reunited with their infants immediately when it is ascertained that no danger would arise to the welfare of the infant. [HL3980]
Detention at a police station is an operational matter for the chief officer of the force concerned and decisions around the detention of a detainee are considered on an individual basis based on the circumstances of the case and in compliance with statutory requirements. Social services are independent agencies. Social services will always seek to minimise the separation between any child and their parent unless the welfare or safety of either clearly demands that the separation should continue.
Children: Disappearances
asked Her Majesty's Government:
How many children of non-United Kingdom citizens have been reported missing while visiting the United Kingdom; and [HL4201]
How many cases of children of non-British citizens reported missing while visiting the United Kingdom have resulted in the safe recovery of such children. [HL4215]
The Home Office does not collect data on the number of children of non-United Kingdom citizens reported as missing. Information on missing persons reported to the police is collected on the police national computer (PNC) and in the Police National Missing Persons Bureau (PNMPB), which holds the descriptive information relating to missing persons and circumstances of disappearance, investigative considerations, person making the report and next of kin. The PNMPB also prepares quarterly statistics including missing males/females under 14, between 14 and 17, and aged 18 and over, but these are not broken down by nationality.
Crime: Honour Killings
asked Her Majesty's Government:
How many deaths or murders in the United Kingdom have been linked to issues of family honour in each of the last three years. [HL4171]
Estimates on the number of honour crimes are not available from the recorded crime statistics.
Crime: Vehicle Registration
asked Her Majesty's Government:
What measures are being taken to charge individuals who use stolen or false car registration plates to avoid paying congestion charges, parking fines and other traffic penalties. [HL4290]
If an individual uses false registration plates to avoid paying charges or penalties, potentially there would be an offence of attempting to pervert the course of justice. It is also an offence under the Road Vehicles (Display of Registration Marks) Regulations 2001 to fail to display the correct registration mark on a vehicle. It is likely that the police force involved would consult the Crown Prosecution Service about whether to prosecute and for which offence in any given case.
Embryology
asked Her Majesty's Government:
How many human embryos have been created each year since the passage of the Human Fertilisation and Embryology Act 1991; and how many cloned human embryos have been created since 2001. [HL4212]
Information on the number of embryos created is shown in the table:
Year (calendar) Embryos created as part of treatment cycles Embryos created in non-treatment cycles (2) 1991 26,543 - 1992 75,456 - 1993 92,809 - 1994 106,425 - 1995 126,078 - 1996 148,691 - 1997 146,066 - 1998 163,206 - 1999 163,840 575 2000 170,406 728 2001 176,947 603 2002 178,794 724 2003 179,906 968 2004 185,409 1,038
No data are held by the department, nor are data routinely collected by the Human Fertilisation and Embryology Authority, on the number of embryos created using cell nuclear replacement (cloning) as part of a research project.
Notes:
(1) 2004 is the most recent year for which information is available.
(2) These are in vitro fertilisation cycles that, although started, did not progress to embryo transfer as part of that cycle of treatment. These embryos may have been used in a patient's later frozen treatment cycles or for embryo donation. No data are held for the years 1991 to 1998.
Source: Human Fertilisation and Embryology Authority.
Emergency Payments
asked Her Majesty's Government:
What is the difference in emergency benefits paid in the United Kingdom to citizens of the European Union and to those from outside the European Union. [HL4148]
There is a wide range of social security benefits in the UK, with different rules governing how non-UK nationals can access them. As a general rule, non-UK nationals who are subject to immigration control have no access to income-related social security benefits.
Rules on the entitlement to income-related benefits for EU citizens vary depending on which member state they are from and how long they have resided in the UK. A8 and A2 nationals who come to the UK to look for work or who have worked for less than 12 months cannot normally access benefits. This is because their right to reside in the UK is subject to their being self-sufficient.
Asylum seekers are excluded from social security benefits. Those asylum seekers who require assistance receive support from the National Asylum Support Service administered by the Home Office.
Local authorities have a duty to support certain categories of people who are subject to immigration control, have no recourse to public funds and are assessed as having a need for care and attention that is over and above a simple lack of accommodation and subsistence.
Energy: Environmental Sensitivity
asked Her Majesty's Government:
What is their assessment of the importance of environmentally sensitive policies in the future of energy production and the development of the necessary infrastructure, including that for energy distribution, in particular within national parks, areas of outstanding natural beauty and similar areas. [HL4065]
Integrating environmental, social and economic objectives is central to this Government's plans for the production and distribution of energy to meet our national needs. Proposed reforms to the planning regime for major infrastructure projects, set out in our White Paper Planning for a Sustainable Future, include making it mandatory to consult statutory bodies such as national park authorities when making decisions that affect them.
Energy: Geothermal
asked Her Majesty's Government:
What is the status of geothermal-based energy in their future energy policy. [HL4063]
Between 1976 and the early 1990s, the UK carried out a major geothermal research programme at a cost in excess of £50 million. The key conclusions from the programme were that the UK is unlikely to see major developments based on geothermal aquifers or the hot dry rock (HDR) method due to a limited resource, poor economics and limited scope for their application. Unless the technical, practical and economic constraints identified under the previous geothermal programme can be addressed, the prospects for geothermal power in the UK would appear to be limited.
More recently, interest has been growing in the use of ground source heat pumps. This technology can be applied to buildings of virtually any scale, including domestic dwellings. It relies on heat exchange with the ground immediately beneath or close to buildings. This technology is now increasing its profile in a growing microgeneration market.
Both Defra and the DTI, in collaboration with the Heat Pump Association, have helped to establish the UK Heat Pump Network to develop a partnership between manufacturers, specialist advisers and user groups. This network will ensure that independent and authoritative advice is available on the application and use of heat pumps.
The DTI’s low-carbon buildings programme, with a £86 million budget over three years, provides support for a range of microgeneration technologies, including ground source heat pumps. More information on the grant levels and how to apply is available at www.lowcarbonbuildings.org.uk.
Energy: Infrastructure
asked Her Majesty's Government:
What assessment they have made of the level of investment required in energy infrastructure for the United Kingdom to maintain its current level of competitiveness. [HL4268]
The energy White Paper published in May 2007 set out estimates of the investment requirements in the electricity and gas sectors over the period to 2020. It concludes that, if we are to maintain levels of electricity generation capacity equivalent to those available today, around 20GW to 25GW of new power stations will be needed by 2020. Current forecasts of gas demand also imply that we will need to increase our import capacity by 2020 by an extra 12 bcm to 24 bcm—equivalent to 15 per cent to 30 per cent of 2006-07 import capacity. The White Paper can be found at: www.dti.gov.uk/energy/whitepaper/page39534.html.
Energy: National Strategic Plan
asked Her Majesty's Government:
What steps they are taking to prepare a national strategic plan for future energy production which takes into account social, environmental and aesthetic considerations for the siting of the energy infrastructure, including that for energy distribution. [HL4066]
The 2007 planning White Paper Planning for a Sustainable Future sets out government proposals for planning reforms that would facilitate delivery of the infrastructure needed to ensure that national energy needs are met. The Government will be publishing a series of national policy statements on energy that will integrate economic, social and environmental objectives.
Energy: Nuclear Waste
asked Her Majesty's Government:
What is their assessment of the importance of the secure and safe storage of nuclear waste in any future development of nuclear power; and what criteria they will use to determine such security and safety. [HL4064]
Radioactive waste from any new nuclear power stations would likely require on-site interim storage in facilities capable of holding the waste in a safe and secure condition for long periods prior to final disposal within a geological disposal facility. Throughout any interim storage, radioactive waste would be managed in accordance with the Nuclear Decommissioning Authority (NDA) national strategy for interim storage, which is currently under review, with regulatory scrutiny from the nuclear safety, security and environmental regulators (the Health and Safety Executive, the Environment Agency and the Scottish Environment Protection Agency). The future role of nuclear power in the UK is contingent on the outcome of the current consultation, The Future of Nuclear Power.
Environmental Protection: Oil Spillages
asked Her Majesty's Government:
What immediate steps are taken when an oil spillage occurs around the United Kingdom coastline; and how the costs of the initial and subsequent action are recovered. [HL4303]
The immediate steps that are taken when an oil spillage from shipping or from an offshore installation occurs around the United Kingdom coastline are laid out in the National Contingency Plan for Marine Pollution from Shipping and Offshore Installations (the national contingency plan). Copies of the national contingency plan have been placed in the Library of the House.
The national contingency plan addresses pollution from ships and offshore installations. Should the United Kingdom be threatened by pollution from a land-based source, the Environment Agency would be the lead body, with assistance from the Maritime and Coastguard Agency if necessary. This arrangement is set out in an operating agreement between the two organisations.
The arrangements governing liability and compensation for pollution damage, including cost recovery and record keeping, are detailed in the national contingency plan.
Equality: Caste Discrimination
asked Her Majesty's Government:
Whether caste discrimination is unlawful in the United Kingdom; and [HL4262]
Whether they will introduce amending legislation extending the definition of unlawful discrimination in the Race Relations Act 1976 to include discrimination based on descent, so as to comply with the obligations imposed on the United Kingdom by the United Nations Convention on the Elimination of All Forms of Racial Discrimination, and with the recommendations of the United Nations Committee on the Elimination of All Forms of Racial Discrimination. [HL4263]
Caste discrimination is not explicitly prohibited by UK law. We are currently assessing the evidence of caste discrimination in the UK and are considering this issue as part of the discrimination law review.
EU: Constitution
asked Her Majesty's Government:
Further to the Written Answer by Lord Triesman on 24 May (WA 126), whether minutes were taken of the meeting to discuss the European Union constitution at Sintra on 13 May; and, if so, whether these minutes are available for public scrutiny. [HL4258]
The UK did not attend the meeting in Sintra on 13 May, which was an informal meeting of current and incoming presidencies hosted by Commission President Barroso. We are not aware of any record of this meeting.
EU: Regulatory Reform
asked Her Majesty's Government:
Further to the Written Answer by Lord Triesman on 24 May (WA 127), how many European Union regulations were withdrawn (a) during the United Kingdom presidency of the European Union, and (b) between the end of the United Kingdom presidency and 1 January 2007. [HL4256]
In 2005, the Commission's screening of 183 pending proposals from before 2004 resulted in the withdrawal of 68 proposals. In 2006, the Commission screened more than 80 pending proposals and announced the withdrawal of a further 10 of these in its legislative and work programme for 2007.
asked Her Majesty's Government:
Further to the Written Answer by Lord Triesman on 24 May (WA 127), how many new European Union regulations have been introduced each year since 2003. [HL4257]
The House of Commons Standard Note SN/IA/2088 provides the following aggregate figures for 2003 and 2004 of directives, regulations and decisions agreed at EU level by the Commission and the Council, based on the Commission’s Reports on the Activities of the European Union:
2003—1,557;
2004—1,477.
The note also provides unofficial figures for 2005 and 2006. The Commission’s recent communication Better Lawmaking puts the number of Commission proposals at 439 and 474 respectively for 2005 and 2006.
Fire and Rescue Service: Firebuy
asked Her Majesty's Government:
What assessment they have made of the speed and provision of best value being provided by Firebuy through their recommending a single preferred bidder on a 15-year contract to supply personal protective equipment for the fire and rescue service. [HL4162]
Detailed assessments have been undertaken by Firebuy Ltd in the decision to award the contract for the integrated clothing project to a single service provider for 15 years. These included economic viability, service delivery, independent garment trials and best value.
Best value encompasses the principles of the most economically advantageous tender (MEAT) and considers the whole-life costs as well as the purchasing price. The kit offers improvements in firefighter safety as well as making a positive contribution towards reducing barriers to recruitment and achieving efficiencies as part of the overall government agenda.
Galileo Project
asked Her Majesty's Government:
Whether, following European Union Commissioner Barrot's latest recommendations, they expect the revised Galileo global positioning system navigation service to go ahead. [HL4096]
I refer the noble Lord to the Written Ministerial Statement made by the Minister of State for Transport, Dr Ladyman, on Wednesday 13 June 2007 (Official Report, Commons, cols. WS 115-17).
Government: Cars
asked Her Majesty's Government:
Concerning their fleet of Toyota Prius cars operating in Whitehall (a) what is the average daily distance travelled by each of these cars; (b) what is the average fuel consumption in miles per gallon of the fleet; and (c) what is the average cost per mile including depreciation of running the fleet. [HL4230]
The Government Car and Despatch Agency (GCDA) is responsible for operating a fleet of Toyota Prius cars allocated to Ministers and senior officials.
The average daily distance travelled by a vehicle in the Toyota Prius fleet is 37.13 miles. The average fuel consumption of the fleet is 41.07 miles per gallon and the average cost per mile is 28p.
Health: Cord Blood
asked Her Majesty's Government:
What assessment they have made of the clinical and public service implications of the remarks of Professor Nicholas Fisk of Imperial College, London, on (a) the survival rates of patients treated with cord blood compared to those given bone marrow transplants; (b) the validation of cord blood as a first-line treatment for leukaemia; and (c) the size of public cord blood banks in the United Kingdom and their capacity. [HL4292]
The recent finding that stem cell transplantation using umbilical cord blood is comparable to unrelated bone marrow transplantation for treating leukaemia is encouraging. The Government and NHS Blood and Transplant are monitoring these developments extremely carefully. The Government accepted the findings of the United Kingdom Stem Cell Initiative in 2005 and announced investment of over £100 million to 2008 to develop stem cell therapies. Further investment in all forms of stem cell research will be kept under review in the future spending rounds.
NHS Blood and Transplant is developing strategic and business plans for the funding and development of the British Bone Marrow Registry and the Cord Blood Bank beyond 2009. These are due to be submitted to the department in the autumn of this year.
Health: Eric Friar
asked Her Majesty's Government:
Whether any priority for National Health Service care has been given to, as a World War II veteran and cancer patient, Eric Friar (who is also suffering from dementia and is almost blind) by his primary care trust in Gloucestershire; and whether they are considering any action in relation to or as a result of this case. [HL4102]
I am sorry to hear that Mr Eric Friar is in a poor state of health. I am advised by NHS South West that Gloucestershire Primary Care Trust (PCT) is in touch with Mrs Friar about the care required for her husband.
Guidance on the right of disabled war pensioners to receive priority treatment in National Health Service hospitals was published in HSG (97)31. The right is not absolute and the guidance specifies that NHS hospitals should give priority to war pensioners, both as out-patients and in-patients, for examination or treatment that relates to the condition or conditions for which they receive a pension or received a gratuity (unless there is a emergency case or another case demands clinical priority).
South West Strategic Health Authority expects all primary care trusts to comply with this guidance and I understand that Gloucestershire PCT has confirmed that it does.
Health: Human Papilloma Virus
asked Her Majesty's Government:
What estimates they have made of the numbers of women aged between 16 and 25 who are infected with oncogenic human papillomavirus in England. [HL4109]
No estimates have been made.
Health: Stem Cell Therapy
asked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 22 May (WA 90), to what period of time the figures given for investment in stem cell research via the Biotechnology and Biological Sciences Research Council (BBSRC) and the Medical Research Council (MRC) related; what are the totals invested by the BBSRC and the MRC to date in (a) adult, and (b) human embryonic stem cell research; and who have been the main beneficiaries of this funding. [HL4076]
The figures for investment in stem cell research via the Biotechnology and Biological Sciences Research Council (BBSRC) and the Medical Research Council (MRC) circulated in the Written Answer by Lord Hunt relate to the period from 2002-03 to 2005-06.
The total invested in stem cell research by BBSRC and MRC to date is £74.12 million. See table below for details of spend for adult and embryonic stem cell research, where this can be separately identified.
2002-03 £ (m) 2003-04 £ (m) 2004-05 £ (m) 2005-06 £ (m) Adult stem cell £(m) Human embryonic stem cell £ (m) Remarks BBSRC 3.55 4.77 7.09 8.21 3.74* 1.99* * only for 2005-06 MRC 4.50 14.50 14.10 17.40 14.73* 16.55* * only for 2004-05 to 2005-06
The main beneficiaries of BBSRC and MRC were the UK science base, including UK universities and research council institutes, and teaching and medical schools.
Health: Transplants
asked Her Majesty's Government:
How many transplant surgeons are currently working for the National Health Service; and how many surgeons are currently being trained to carry out transplant surgery. [HL4314]
This information is not collected centrally.
Housing: Home Information Packs
asked Her Majesty's Government:
Whether a home information pack will be required from 1 August when marketing a property described as having on the ground floor: a kitchen, a cloakroom and two reception rooms; and upstairs: three bedrooms, a family bathroom, a study and a large playroom, and used for these purposes. [HL4022]
From 1 August, owners of properties with four or more bedrooms will be required to compile a home information pack if they market their property for sale. A four-bedroom dwelling is one that is marketed and sold as having four bedrooms.
Energy performance certificates and home information packs will be phased in starting with four-bedroom homes and larger properties, rolling out as quickly as possible to three-bedroom properties once sufficient energy inspectors are in place nationally and regionally to meet demand, taking into account market conditions.
Human Tissue and Embryos Bill (Draft)
asked Her Majesty's Government:
What was the date of the publication of the draft Human Tissue and Embryos Bill; and what is the closing date for public response to the draft; and [HL4210]
In publishing the draft Human Tissue and Embryos Bill, what account they took of the recommendations of the Select Committee on the Draft Freedom of Information Bill (HL Paper 97, 1998-99) with regard to the need for adequate public consultation on Bills subject to pre-legislative scrutiny; and how consideration of the Bill is likely to meet the recommendation of the Joint Committee on the Draft Legal Services Bill (HL Paper 232-1, 2005-06) that such committees should allow sufficient time for adequate scrutiny of such Bills. [HL4211]
The draft Human Tissue and Embryos Bill was published on 17 May 2007. Its provisions were drawn up based on the White Paper Review of the Human Fertilisation and Embryology Act: Proposals for Revised Legislation (Including Establishment of the Regulatory Authority for Tissue and Embryos), published on 14 December 2006. The policy proposals in the White Paper represented the outcome of the Government’s review of the law, which included a public consultation exercise that ran from 16 August to 25 November 2005. The review also took account of an extensive inquiry during 2004-05 by the House of Commons Science and Technology Committee and its report Human Reproductive Technologies and the Law.
The Bill has been published for pre-legislative scrutiny by a Joint Committee of both Houses, with the scrutiny process due to end on 25 July 2007 and a report due to be available in early August. The committee has published its call for evidence and is currently examining a range of witnesses. Representations from members of the public may be made to the committee. It is open to the committee to consider whether sufficient time has been made available for scrutiny.
Given the considerable public and parliamentary debate to date on the policy proposals that comprise the draft Bill, the Government decided not to undertake a further formal public consultation outwith the parliamentary pre-legislative scrutiny process. However, persons wishing to make representations to the department may do so; contact details are included in the draft Bill and on the department’s website at www.dh.gov.uk/en/Publicationsandstatistics/Publications/Publications Legislation/DH_074718.
asked Her Majesty's Government:
Further to the Written Answer by Lord Hunt of Kings Heath on 7 June (WA 203-04), how their stated commitment to a ban on reproductive cloning is reflected in the Human Tissue and Embryos (Draft) Bill, particularly in light of the repeal of the Human Reproductive Cloning Act 2001, proposed on page 88 of the draft Bill, and proposal 22 on page 146 of the draft Bill, which indicates their intention to remove the restriction on reproductive cloning in order to encourage an increase in research licence applications; and [HL4252]
Whether, in light of the proposed removal of relevant prohibitions, the Human Tissue and Embryos (Draft) Bill is intended to permit reproductive cloning; and [HL4253]
How regulations will automatically or necessarily preclude reproductive cloning given that the Human Tissue and Embryos (Draft) Bill will permit eggs or embryos to be placed in a woman, including those as described in Section 3ZA(5), which have had applied to them a process designed to prevent the transmission of mitochondrial disease; and [HL4254]
From whom they received representations suggesting that a change in the law relating to nuclear transfer might be warranted; and whether any such individuals or groups are currently engaged in or otherwise connected with research involving nuclear transfer. [HL4255]
The Government are committed to a ban on human reproductive cloning and the draft Human Tissue and Embryos Bill does not permit human reproductive cloning. Clause 16(2) in the draft Bill allows only “permitted” embryos to be placed in a woman. An embryo is a permitted embryo if:
it has been created by fertilisation of a permitted egg by a permitted sperm; and
no nuclear or mitochondrial DNA of any cell of the embryo has been altered.
This would not include an embryo created by cell nuclear replacement. As these provisions supersede the requirements for the Human Cloning Act 2001, it is accordingly revoked by Clause 16(6).
The draft Bill introduces a regulation-making power in new Section 3ZA(5) of the amended Act, which, if exercised, will allow an embryo that has had applied to it a process in circumstances prescribed by regulations designed to prevent the transmission of serious mitochondrial disease to be included within the category of “permitted” embryos. Regulations to allow this would be subject to affirmative resolution.
While retaining the ban on reproductive cloning by specifying only those embryos that can be placed in a woman, the draft Bill removes the prohibition on replacing the nucleus of a cell of an embryo with a nucleus of any person or embryo, or subsequent development of an embryo for research purposes only. Licences for the purposes of a project of research involving human embryos cannot authorise any activity unless it appears to the regulator to be necessary or desirable for one or more of the purposes specified in the Act.
In 2005, the department undertook a public consultation on the review of the Human Fertilisation and Embryology Act. Responses were received from stakeholders including members of the scientific community and professional bodies. Among those that supported the removal of the prohibition on “replacing the cell of an embryo with the nucleus from a cell of any person” for research purposes only were the British Medical Association, the Royal College of Obstetricians and Gynaecologists and the Association of Clinical Embryologists. These groups are not directly involved in cell nuclear replacement research but members represented by those groups could be.
Immigration: Backlog of Cases
asked Her Majesty's Government:
What progress they are making in reducing the backlog of older asylum applications; and how many cases have been outstanding for more than one year, broken down by annual groups. [HL4168]
In his Statement to Parliament on 19 July 2006, the Home Secretary advised that there were a large number of electronic and paper records within the Immigration and Nationality Directorate, now the Border and Immigration Agency (BIA), relating to unresolved asylum cases. He said that we would aim to clear them in five years or less, and it is accordingly our intention to complete consideration of all current legacy cases by July 2011.
The chief executive of the BIA wrote to the Home Affairs Committee on 19 February this year with an update on the legacy programme. As part of her update, Lin Homer highlighted the task of ensuring that the quality of our information and related data is improved to a level that will allow accurate reports to be made about the number and nature of these cases. She confirmed that progress updates will be provided once we are able to provide reports in which Parliament and the wider public can have confidence. A copy of the letter is in the House Library.
Immigration: Breastfeeding Women
asked Her Majesty's Government:
What instructions they have given to staff of the Borders and Immigration Authority about the steps they should take to ensure that breastfeeding women who are detained under immigration and asylum legislation are reunited with their infants. [HL4177]
There is no specific instruction to Border and Immigration Agency staff covering reuniting breastfeeding women with their infants. However, there are instructions concerning welfare considerations for family removals based on the principle of keeping families together wherever possible. As part of the family removals review, further consideration is being given to more detailed instructions to staff around breastfeeding issues.
Immigration: Clinical Judgments
asked Her Majesty's Government:
What steps they have taken to ensure that, in evaluating asylum applications, case owners do not make a clinical judgment of their own in assessing claims about medical conditions but rely on the objective evidence before them and that, in assessing whether a case should remain within the detained fast track, case owners are aware that they should not contend that a medical report has no probative value; and whether they will incorporate this guidance into immigration instructions. [HL4120]
The policy instruction, which all case owners must follow, clearly states that in considering a medical report they must avoid making clinical judgments. In addition, if they have concerns about medical aspects of a report prepared by the Medical Foundation, they should discuss those concerns with a senior caseworker, who must refer the matter to the foundation, in writing to the legal officer, before reaching a final decision on the asylum claim.
The relevant policy instruction can be found at: www.ind.homeoffice.gov.uk/documents/asylumpolicy instructions/apis/medicalfoundation.pdf?view=Binary.
There will be some circumstances in which objective medical evidence to support an allegation of torture in the past does not necessarily indicate that an asylum applicant needs our protection from future risk of harm. In these circumstances, the case owner will consider the medical report as one factor in assessing whether an applicant should be recognised as a refugee under the 1951 convention.
Iraq: Temporary International Presence Facility
asked Her Majesty's Government:
Whether they will discuss with other states that have been asked to resettle 200 people from the Temporary International Presence Facility (TIPF) in Iraq the equitable sharing of this humanitarian problem; and what information they have from the UNHCR, the United Nations Refugee Agency, about the saving in cost from the closure of the TIPF. [HL4121]
The Government have no plans to discuss the resettlement of people from the Temporary International Presence Facility in Iraq with other states. We have not been given information about any cost savings that may result from the closure of the facility.
Irish Language Bill
asked Her Majesty's Government:
What is the estimated cost per year of the implementation of the Irish Language Bill. [HL3600]
The December 2006 consultation paper on Irish language legislation contained a financial impact assessment but concluded that it was difficult to estimate with any precision the cost of introducing Irish language legislation in Northern Ireland. Further consideration of the financial impact of the introduction of any legislation is a matter for the devolved Administration.
asked Her Majesty's Government:
From what source the first suggestion of an Irish Language Bill was made. [HL3602]
Lobby groups have been calling for Irish language legislation for a number of years. The UK Government signed the European Charter for Regional or Minority Languages on 2 March 2000 and recognise Irish under Parts II and III of charter. Responsibility for taking forward legislation in this area is now a matter for the devolved Administration.
Land Ownership
asked Her Majesty's Government:
What representations they have received from Survival concerning the benefits which could be achieved if the United Kingdom were to ratify International Labour Organisation Convention 169 on land ownership by tribal peoples. [HL4225]
The Foreign and Commonwealth Office has not received any direct representations from Survival International on International Labour Organisation (ILO) Convention 169.
The UK is concerned that many indigenous people do not enjoy their full human rights and is committed to helping to improve this situation. However, the convention cannot be applied in the UK, as there are no indigenous, tribal or semi-tribal people. To date, only 17 states have ratified this convention.
We are in contact with a number of non-governmental organisations on the UN draft Declaration on the Rights of Indigenous Peoples. In June 2006, the UK voted in favour of the declaration’s adoption at the UN Human Rights Council.
Mobile Phone Charges
asked Her Majesty's Government:
What was the involvement of Ministers in the decision to impose price control over mobile telephone charges; by whom that decision was taken; under what powers; when and by whom those powers were granted; and when the decision was debated in Parliament. [HL4105]
The UK has been actively engaged in negotiating the international mobile roaming regulation, in line with the views of the Ministers concerned—the then Minister for Industry and the Regions, my right honourable friend the Member for Cardiff South and Penarth, and subsequently my right honourable friend the current Minster of State for Industry and the Regions. In parallel, the draft regulation was put before the scrutiny committees of both Houses and was subsequently cleared by both. Scrutiny was cleared in this House when the findings of the scrutiny committee chaired by the right honourable Lord Freeman were debated in this House on 24 May and by the Commons committee in its meeting on 6 June.
The origins of the international roaming mobile phone prices regulation are a sector inquiry carried out by the European Commission in 2000, which found that prices were unreasonably high. Despite a series of warnings by the Commission, the mobile network operators did not address the issue. The European telecommunications regulators group, of which Ofcom is a member, asked the European Commission to address this matter on a European level, as it felt that national Administrations would not be able to do so effectively as a result of the trans-border nature of the roaming market. As a result, after two rounds of consultation with stakeholders, including HMG, the Commission issued a draft regulation. The regulation, which was based on Article 95 of the treaty, was granted political approval last week at the Telecoms Council (at which the UK was represented by my right honourable friend the Minister of State for Industry and the Regions) and is expected to come into effect by the end of June.
Police: Authorities
asked Her Majesty’s Government:
Whether they will review the composition of police authorities to reintroduce more democratic control. [HL3976]
The Police Act 1996 sets out the current arrangements for membership of police authorities. These state that councillors from relevant councils in the force area must form 50 per cent plus one of the authority members. Normally, there are 17 members on each police authority, of which nine are locally elected councillors, five are independent members from the community and three are lay justice members.
The Police and Justice Act 2006 allows amendment of this. The Act (Schedule 2) contains regulation-making powers that specify that police authorities should be made up of a majority of councillor members and “other persons” (currently referred to as independent members), including at least one lay justice. The Home Secretary has asked Sir Ronnie Flanagan to include in his review of policing announced on 27 March how local accountability arrangements may be improved and to report by the end of the year. Views should be forwarded to Sir Ronnie Flanagan at policing.review @homeoffice.gsi.gov.uk.
Railways: Channel Tunnel Freight
asked Her Majesty’s Government:
What steps they are taking, in consultation with the Government of France, to increase the number of freight trains using the Channel Tunnel. [HL4281]
Under the terms of the Channel Tunnel rail usage contract (RUC), and in line with the access charge provisions of the first European rail package, we agreed in November 2006 that the British Railways Board (BRB) should continue to bear the UK freight allocation of Eurotunnel’s “operational expenses” charges payable under the RUC. We did so because these represent overhead infrastructure costs not directly incurred as a result of operating the railway service.
To enable BRB to do this, we changed the arrangements by which those rights and obligations of the BRB previously delegated exclusively to English Welsh & Scottish Railway are now delegated to any international freight train operator.
These changes have kept trains running. Any further steps to increase the number of services are a matter for the signatories to the Channel Tunnel usage agreement; that is, the BRB, the French national railway (SNCF) and Eurotunnel.
Railways: First Great Western
asked Her Majesty's Government:
Whether Appendix 3 of the franchising agreement with First Great Western Trains specified the number of vehicles available at the start of the franchising period; and, if so, how such a specification is compatible with the Government's assurance that they do not micromanage the franchising process; and [HL4179]
How much rolling stock First Great Western Trains is currently using in excess of that which was contained in Appendix 3 of the franchising process; and [HL4180]
How they account for the difference between the amount of rolling stock specified in Appendix 3 of the franchising agreement with First Great Western Trains and the amount currently used; and [HL4181]
Whether, as a party to the franchising agreement for First Great Western Trains, they accept any responsibility for the level of service operated by the company following the introduction of the December 2006 timetable; and [HL4182]
Whether appendices applicable to the rail franchises about to be let and similar to Appendix 3 of the franchise agreement with First Great Western Trains contain an exact specification of the rolling stock available. [HL4183]
Appendix 3 of the franchise agreement lists the rolling stock available to operate the service at the start of the franchise. The list was created by the Department for Transport from the detailed First Group rolling stock plan constructed as part of its bid. First Great Western (FGW) is not allowed to reduce the fleet without the department's approval, although there is a mechanism by which it can increase it. FGW has increased the size of its fleet in response to operational needs, but details of the extra rolling stock are matters for FGW itself. Similarly, responsibility for delivering a service that meets the standards set in the franchise agreement is a matter for FGW.
A comparable appendix will be incorporated into the forthcoming West Midlands, east Midlands and new cross-country franchising agreements.
Roads: Pricing Schemes
asked Her Majesty's Government:
Whether, if the proposed road pricing schemes for the cities of Leicester, Nottingham and Derby are authorised, they will ensure that the planned Kegworth Parkway railway station serving the above cities on the Midland main line route from the east Midlands to London is built and operational prior to the implementation of the aforesaid road pricing schemes. [HL4280]
The cities of Leicester, Nottingham and Derby are, with the counties of Leicestershire, Nottinghamshire and Derbyshire, investigating the potential for radical transport improvements in the sub-region to reduce congestion. This work, which includes looking at the scope for road pricing, should be completed in March 2008, after which the authorities plan to consult locally on the options available to them.
Network Rail plans to deliver the East Midlands Parkway station by December 2008.
Roads: Safety
asked Her Majesty's Government:
What action they are taking to implement each of the six recommendations contained in the Audit Commission's report on road safety, Changing Lanes, which was published in February 2007. [HL4264]
The report's recommendations are directed primarily at local agencies such as councils, emergency services and NHS bodies, and the Government will continue to support local partners in implementing these recommendations. The report made one recommendation on the supporting role of central government, and both parts of this are being acted on.
On the first part, about a consistent approach across all departments, the Department for Transport worked closely with many other departments in the recent second review of the Road Safety Strategy and is continuing to work with other departments, including the Home Office, on consistency of targets.
On the second part, about improving the availability of research findings, the Department for Transport has work under way to make its road safety research more accessible, including through a new contract for a programme of road safety research dissemination and action learning for national and local stakeholders.
Roads: Speed Cameras
asked Her Majesty's Government:
What is the justification for the recently reported introduction of hidden speed cameras. [HL4289]
The Government have not introduced hidden speed cameras. The national safety camera programme in England and Wales ended on 31 March 2007, and since then local road safety partnerships have had greater freedom and flexibility to deploy cameras in response to community concerns about speeding or at locations where there are speeding problems and a high risk that casualties will occur.
The department has issued guidance that sets out the Government's intention of continued high-visibility speed enforcement and encourages the continued use of the previous visibility and conspicuity rules, which were shown to reduce speeds and casualties at camera sites. However, the department's guidance does not restrict or fetter the discretion that the police have always had to enforce covertly anywhere at any time.
The guidance is contained in Department for Transport Circular 01/2007, New Guidance on the Deployment of Speed and Red Light Cameras, issued on 31 January 2007. The guidance was placed in the Library of the House and is also available on the department's website.
Sudan: Darfur
asked Her Majesty's Government:
What are the details of the revised plan agreed at Addis Ababa for a joint United Nations-African Union peacekeeping force to be sent to Darfur. [HL4311]
The Government of Sudan agreed in Addis Ababa on 12 June to the African Union (AU)-UN proposal for a hybrid peacekeeping force. This was based on a joint report produced by the AU and UN. The details of the plan agreed are contained within this report, which will be placed in the Library of the House.
Sudan: Presidential Visit to UK
asked Her Majesty's Government:
Whether, in light of the acceptance by the Sudanese President Omar al-Bashir of an invitation to visit the United Kingdom, offered by Nadhmi Auchi, president of the Anglo Arab Organization, they intend to grant the Sudanese President a visa to enter the United Kingdom. [HL4090]
President al-Bashir has not approached the UK Government about a visit to the United Kingdom in response to an invitation from Nadhmi Auchi, president of the Anglo Arab Organisation. Were he to do so, any request would be considered on its merits and in the light of the circumstances at that time.
Transport: Heavy Goods Vehicles
asked Her Majesty's Government:
What remit has been set for the Department for Transport study on the effects of using heavier and longer lorries; and whether this study was let following a process of competitive tendering. [HL4283]
The remit of the project is to assess the effects if longer and heavier goods vehicle combinations were to be permitted. It will look at whether potential demand would be sufficient to deliver worthwhile benefits that outweighed or justified mitigation of disbenefits. The study will, among other things, take full account of safety concerns and issues surrounding rail freight. Copies of the full work specification have been placed in the Libraries of both Houses.
The study was let following a process of competitive tendering: 15 organisations were invited to bid, four offers were received and the competition was won by TRL and Heriot-Watt University.
UK Borders Bill
asked Her Majesty's Government:
What is their response to the Northern Ireland Human Rights Commission’s briefing on the UK Borders Bill. [HL4278]
The Government are aware of the briefing written by the Northern Ireland Human Rights Commission. In the Government's view, the UK Borders Bill is compatible with the European Convention on Human Rights for all parts of the United Kingdom. I have signed a declaration in the Bill to this effect.
asked Her Majesty's Government:
Whether they will draft amendments to the UK Borders Bill to meet the concerns expressed in the Northern Ireland Human Rights Commission's briefing on the Bill. [HL4279]
The Government believe that the Bill is compatible with the European Convention on Human Rights. We will give careful consideration to any amendments that are tabled, including any that reflect the issues raised by the Northern Ireland Human Rights Commission.
Visas: Foreign Leaders
asked Her Majesty's Government:
What criteria are used to grant or deny entry visas to foreign political and military leaders accused of or suspected of war crimes, or crimes against humanity, or large-scale and systematic human rights violations, in the absence of a European Union travel ban or an indictment from the International Criminal Court. [HL4091]
All visa applications are considered in accordance with the Immigration Rules. Applicants accused or suspected of war crimes, crimes against humanity or large-scale and systematic human rights violations may be refused entry clearance under Rule 320(19) on the basis that their presence in the United Kingdom would not be conducive to the public good.
Waste Management: London
asked Her Majesty's Government:
How many waste planning applications have been determined in each London borough for each of the past five years. [HL4164]
Statistics compiled by Communities and Local Government from information supplied by boroughs show that there have been eight applications determined for waste facilities in the past five years. However, these appear to under-report the situation on the ground, as we are aware of at least three major facilities that have been approved during this time in Havering, Newham and Sutton.
Applications Determined 2006 4 Bexley 1 London Thames Gateway Development Corporation 3 2005 3 Bexley 2 Hammersmith and Fulham 1 2004 1 Bexley 1 2003 0 2002 0 Source: General development control statistical returns, Communities and Local Government.