asked Her Majesty's Government:

Further to the Written Answer by Lord Davies of Oldham on 6 June (WA 198), what statutory powers are available to the London Development Agency to evict allotment holders from Manor Gardens allotments; and which of these powers the agency intends to use. [HL4246]

The London Development Agency (Lower Lea Valley, Olympic and Legacy) Compulsory Purchase Order 2005 was confirmed by the relevant Secretary of State in December 2006. The London Development Agency (LDA) therefore intends to use this order to acquire any interest plot holders of the Manor Gardens Society allotments may have in the land they currently occupy. The LDA has not considered any other statutory powers available to it to acquire these interests as it is not considered necessary in this circumstance. It is currently working with the allotment users to agree a relocation programme to the interim site proposed in the London Borough of Waltham Forest.

asked Her Majesty's Government:

How many times in each of the past five years the number of night flight movements has exceeded the existing movements cap at (a) London Heathrow Airport; (b) London Gatwick Airport; and (c) Stansted Airport; and, for each occasion, what was the date of the breach; by how many movements the cap was exceeded; why the excess movements occurred; and whether the Secretary of State for Transport authorised the breach of the limit in advance. [HL4321]

There have been no breaches in the night movements limits over the past five years.

Night flights at Heathrow, Gatwick and Stansted are subject to a strict movements and quota count points regime. The quota count points regime relates directly to an aircraft's noise classification on take-off or landing, and is used as an additional measure to encourage the use of quieter aircraft.

Under exceptional circumstances, dispensations from the night restrictions may be granted. Such circumstances include: delays to aircraft which are likely to lead to serious congestion at the aerodrome or serious hardship or suffering to passengers or animals; delays to aircraft resulting from widespread and prolonged disruption of air traffic; dispensations granted by the Secretary of State for Transport, and emergencies where there is an immediate danger to life or health.

asked Her Majesty's Government:

Whether they have given appropriate authorities at Gatwick Airport any guidance concerning the photographing of passengers for security reasons; if so, when and by whom it was given; for what reason; and whether they have taken into consideration the human rights implications of such photography when formulating any such guidance. [HL4235]

The photographing of passengers by Gatwick Airport is undertaken for immigration purposes and is not a requirement under the national aviation security programme. Gatwick introduced this requirement as a method for immigration control because departing domestic and international passengers are permitted to mix at the airport. Guidance and other considerations in respect of this activity are therefore a matter for the airport and the Border and Immigration Agency.

asked Her Majesty's Government:

What steps they are taking to ensure that the revised guidance on arrangements for the use of interpreters and translators in the criminal justice system, issued by the Office for Criminal Justice Reform in January, is being implemented; and [HL4247]

How they can ensure that suitably qualified interpreters and translators are used in criminal proceedings wherever possible; and [HL4248]

What data are being collected to ensure that the arrangements outlined in the revised guidance on arrangements for the use of interpreters and translators in the criminal justice system are being implemented; and [HL4249]

What action they propose to take against courts and police stations which fail to follow the revised guidance on arrangements for the use of interpreters and translators in the criminal justice system. [HL4250]

All criminal justice agencies are parties to a national agreement issued by the Office for Criminal Justice Reform in January 2007, which is designed to ensure that suitably qualified interpreters and translators are used wherever possible. It is not a statutory instrument so compliance is voluntary. However, the signatory agencies, which include courts and police, have committed themselves to comply with it.

There is currently no systematic collection of information on usage of interpreters by criminal justice agencies but this is one of the measures currently being considered by the Office for Criminal Justice Reform as part of its ongoing project to improve the supply of interpreters. As with all data collection requirements from central government, we would seek to minimise the burden on front-line services.

asked Her Majesty's Government:

Why the Driving Standards Authority has, since March 2007, imposed extended criminal record checks on all new and existing approved driving instructors; and why directly employed driving examiners have not been subject to the same criminal record checks. [HL4382]

Criminal history checks for potential and existing approved driving instructors (ADIs) were introduced as independent verification of statements made during the application process to become registered or to renew registration.

Prior to the introduction of these checks, the ADI registrar relied on self-declaration of criminal history to assess whether a person satisfied the statutory requirement to be “fit and proper”. The information coming to light during the checks allows for more informed decisions to be made to help better to protect the public, particularly the young and vulnerable.

The level of risk posed by driving examiners is lower than that from ADIs. DSA driving examiners are not regularly involved in caring for, training, supervising or being in sole charge of children or vulnerable adults. Their contact with individuals tends to be a one-off, unlike ADIs who could have frequent and regular one-to-one contact while a person is learning to drive. As DSA employees, driving examiners are also subject to regular checks and supervision. Nevertheless, the DSA is considering the legislative framework under which it might seek criminal history disclosures for driving examiners.

asked Her Majesty's Government:

What legal advice the Chancellor of the Exchequer has taken on his statement that he wants to ensure that the jobs available in Britain are available for British workers who are looking for jobs, in the light of European Union employment legislation and the single market. [HL4259]

The Chancellor's statement referred to the role of local employment partnerships in providing help for benefit claimants. A number of major retailers have signed agreements to work with Jobcentre Plus to help long-term benefit claimants back into employment. Through local employment partnerships, employers will offer support and training to help benefit claimants into work, by offering work trials, subsidised employment as part of the New Deal, guaranteed interviews and mentoring.

asked Her Majesty's Government:

Further to the debate on the European Union (Implications of Withdrawal) Bill [HL] on 8 June (Official Report, cols. 1410–56), what is the reason for the difference between the £60 billion annual cost to the United Kingdom economy of European Union over-regulation as contained in the government report Global Europe: full-employment Europe and the Written Answer by Lord Davies of Oldham on 15 May (WA 23) that the regulatory burden was £6.3 billion per annum. [HL4318]

The government report Global Europe: full-employment Europe does not include a figure for the annual cost to the United Kingdom economy of European Union over-regulation. The figure of £6.3 billion refers to the estimated proportion of overall administrative burdens on business, charities and the voluntary sector in England which derive from EU legislation, excluding financial services legislation. This is based on data published by the Government on 11 December 2006, following an exercise conducted by the Cabinet Office to measure the cost to business, charities and the voluntary sector of providing information required under both international and domestic legal obligations.

asked Her Majesty's Government:

Further to the Written Answer by Baroness Ashton of Upholland on 4 June (WA 155), whether they will give separate guidance to victims and potential victims of female genital mutilation about the civil protection and civil remedies available to them. [HL4261]

Domestic Violence—A Guide to Civil Remedies and Criminal Sanctions covers options for victims not wishing to go to the police and use the Female Genital Mutilation Act 2003 which is government policy. Aside from procedural advice it would be inappropriate to offer separate guidance which may be seen as legal advice.

asked Her Majesty's Government:

How many cases of methicillin-resistant staphylococcus aureus have been recorded in prisons in England and Wales in each of the past five years. [HL4298]

The mandatory surveillance of healthcare associated infections in England is conducted by the Health Protection Agency (HPA) on behalf of the Department of Health.

Reports of methicillin-resistant staphylococcus aureus (MRSA) isolated from blood cultures in English NHS acute trusts are reported to the HPA via a web-enabled surveillance system. Prisons are not currently included as a site in this surveillance programme. Nor are prisoners currently identified in surveillance data if they are treated for MRSA bacteraemia in an acute trust. Therefore, we do not have any accurate data on the rate of MRSA infection among prisoners in England and Wales currently or in the previous five years.

asked Her Majesty's Government:

What is the cost per Member for 2006-07 and the previous three financial years of (a) the House of Commons; (b) the House of Lords; and (c) the European Parliament; and [HL4285]

What is the cost for 2006-07 and the previous three financial years of maintaining (a) the House of Commons; (b) the House of Lords; and (c) the European Parliament including (i) salaries, pensions, travelling allowances and secretarial expenses for Members; (ii) salaries, allowances and pensions and other costs of supporting staff; (iii) accommodation, including rent, operating costs and security; and (iv) all other administrative costs to parliamentary bodies and other relevant outgoings; and [HL4286]

What was the number of sitting days of (a) the House of Commons Chamber; (b) the House of Commons, Westminster Hall; (c) the House of Lords Chamber; (d) the House of Lords Grand Committee; and (e) the European Parliament Plenary Session in the (i) 2005-06 Session; (ii) 2006 calendar year; and (iii) 2006-07 financial year. [HL4287]

Precise comparisons between the cost of the European Parliament and the Houses of Parliament are difficult. The requested information is set out below. As with previous Answers to similar Questions, the House of Commons and House of Lords have provided data relating to costs on a resource basis, consistent with their resource accounts. The European Parliament has not adopted resource accounting and budgeting and all its cost figures have been presented on a cash basis.

Figures for the European Parliament are available on its website ⁽⁸⁾.

Annual Costs

European Parliament

The European Parliament outturn figures for calendar years 2002, 2003, 2004, 2005 and budget figures for 2006 and 2007 can be found on the European Parliament website ⁽⁸⁾.

Details of previous years’ expenditure by the House of Commons can be found in the Members and administration resource accounts ⁽⁵⁾

Details of previous years’ expenditure by the House of Lords can be found in its resource accounts ⁽⁶⁾.

⁽¹⁾ The figures are calculated on the 641 Members who actually sit in Chamber for 2006-07, 659 Members for 2005-06 and 731 for 2004-05. There are 646 Members of whom five decline to sit in Chambers.

⁽²⁾ The figures are calculated on the assumption that there are 722 Members.

⁽³⁾ From 2004-05 onwards the figures are based on the capital charge reducing from 6 per cent to 3.5 per cent.

⁽⁴⁾ Higher Member costs for 2006-07 represent an increase of 0.6 per cent in the assumption of Member take-up of allowances

⁽⁵⁾ House of Commons resource accounts can be found on its website (HC419, HC420, HC67, HC68, HC1239, HC1240): www. publications.parliament.uk/pa/cm/cmhocpap.htm#resource

⁽⁶⁾ House of Lords resource accounts can be found on its website (HL23, HL44, HL11, HL197): www.publications.parliament.uk/pa/Id/ldres.htm

⁽⁷⁾ European Parliament budget information and number of Members can be found on its website: www.europa.eu.int/eur-lex/budget/www/index-en.htm

⁽⁸⁾ www.europarl.org.uk/

asked Her Majesty's Government:

Whether the recent, current and proposed legislation concerning home information packs, waste disposal and the closure of post offices is required as a result of decisions made under European Union law. [HL4401]

Neither home information packs (HIPs), nor the Government's recent announcement on the post office network, result from decisions made under European Union law. However, the energy performance certificate, which is a mandatory part of the HIP, is required under the EU directive on the energy performance of buildings.

Recent, current and proposed legislation regarding waste disposal results from a combination of decisions made at European and domestic levels.

asked Her Majesty's Government:

Whether a local authority can insist on its members, and those of town and parish councils in its area, taking part in compulsory training sessions on both standards and its code of conduct for councillors; and what sanctions it would have in the case of a failure or refusal by a councillor to comply with the code. [HL4379]

While it is for a council's standards committee to provide advice on training to members on standards and the code of conduct, there is no general requirement on members to undertake such training.

A member who refuses to give the undertaking required by Section 52 of the Local Government Act 2000 to observe the code of conduct ceases to be a member of the authority. Sanctions for breaches of the code in less serious cases, imposed by councils' standards committees, include suspension from office up to a maximum of three months or requiring the member concerned to undertake relevant training. In more serious cases the national adjudication panel can impose a range of sanctions up to disqualification for a maximum of five years.

The Standards Board for England has issued guidance and training material to assist local standards committees in their role of providing advice and training on the code of conduct to members.

asked Her Majesty's Government:

At what percentage of capacity the following routes are operating, at both peak and non-peak times; (a) London Liverpool Street to Harwich Town; (b) London Liverpool Street to Norwich; (c) London Liverpool Street to Stansted Airport; (d) London Liverpool Street to Southend Victoria; and (e) London Liverpool Street to Braintree. [HL4323]

The information requested is outlined in the table below:

asked Her Majesty's Government:

How many schools have failed to produce accessibility plans, as required by the Special Educational Needs and Disability Act 2001; of those schools, how many are (a) Church of England, and (b) Roman Catholic primary schools; and what sanctions are in place for schools which fail to produce such accessibility plans; and [HL4353]

How many children with disabilities or special educational needs have been refused entry to Church of England and Roman Catholic primary schools which have never produced accessibility plans as required by the Special Educational Needs and Disability Act 2001; and [HL4354]

Whether they have powers to intervene to help children who have been refused entry to schools, following a school's failure to produce an accessibility plan; and, if so, under what conditions the Secretary of State would intervene to help children who have been refused entry; and [HL4355]

How much money they make available to make schools more accessible for children with special educational needs; and [HL4393]

What representations they have received about the production of an accessibility plan by St Leonard's Church of England primary school in the London Borough of Lambeth; and [HL4394]

What sources of funding exist for Church of England schools to make their schools more accessible for children with special educational needs; and whether church schools can be required to use the money given to Church of England dioceses to make their schools more accessible. [HL4395]

The Government do not collect information centrally on schools’ compliance with their duties under the Disability Discrimination Act 1995. The department has received representations in relation to St Leonard's Church of England primary school which are being considered.

The discrimination duties schools have under Part 4 of the Disability Discrimination Act 1995 mean that they must not discriminate against prospective disabled pupils in their admissions arrangements and should make reasonable adjustments to their admissions policies and procedures so that prospective disabled pupils are not disadvantaged by the school's admission arrangements. They should also make reasonable adjustments to the education and associated services they provide as appropriate.

However, the duty which schools have to make reasonable adjustments for pupils and prospective pupils excludes the need to remove or alter physical features. Instead, schools are under a duty to plan strategically to increase their accessibility, over time, including making improvements to the accessibility of school buildings. Schools fulfil this planning duty by producing an accessibility plan and implementing it.

However, as the planning duties are duties to bring about general improvements over time, such as improving the physical environment of the school, the duties do not oblige a school necessarily to remove and alter specific physical features by any specific point in time during the overall period. This means that a school which is meeting its commitments under the planning duties might not always be able to admit every disabled child requiring alterations to the physical environment of the school unless it is possible to make reasonable adjustments that fall short of physical alterations.

To support schools in meeting their responsibilities under the Disability Discrimination Act 1995, the Department for Education and Skills has published a training resource for schools and local authorities: Implementing the Disability Discrimination Act in schools and early years settings. This includes a tool to help them to develop, review and revise their accessibility plans.

Under Section 28M of the Disability Discrimination Act 1995 (DDA), if the Secretary of State is satisfied that a responsible body has acted, or is proposing to act, unreasonably in the discharge of its duties under the relevant sections of the DDA (the preparation, resourcing, implementation and review of the accessibility plan), or has failed to discharge those duties, he may give that body such directions as to the discharge of the duty as appear to him to be expedient.

Local education appeals panels consider claims of discrimination in relation to admissions to, and permanent exclusions from, local authority maintained schools. The Special Educational Needs and Disability Tribunal (SENDIST) hears all other claims about schools under the Disability Discrimination Act (DDA).

More resources are going into schools to support children with SEN and disabilities—some £4.5 billion in 2006-07. Total revenue funding for schools has increased nationally by £1,440 per pupil in real terms since 1997. In addition, substantial funding has also been delegated to local authorities (LAs) through the schools access initiative—some £620 million up to 2007-08. The grant element for voluntary aided schools is delivered through the locally co-ordinated VA programme. It is up to each local authority to decide its priority schemes within the criteria of support. All schools receive a devolved formula capital grant and it is for the governing body to decide its priorities (which can include access requirements) for spending that grant.

asked Her Majesty's Government:

What plans they have to celebrate or mark the holding of the 21st World Scout Jamboree at Hylands House, Chelmsford, Essex between 27 July and 8 August 2007. [HL4324]

The Scout Association makes an enormous contribution to society and several Ministers will attend the 21st World Scout Jamboree this summer. Ed Miliband, Minister for the Third Sector, is the government champion for the scouts and in February 2007 pledged almost £1.5 million to the Scout Association for the centenary World Scout Jamboree. In addition to this, the Department for International Development is providing some support towards the global development area at the jamboree.

asked Her Majesty’s Government:

What assessment they have made of the level of investment required in transport infrastructure for the United Kingdom to maintain its current level of competitiveness. [HL4267]

Sir Rod Eddington's recent independent study into the long-term links between transport and the UK's economic productivity, growth and stability made a number of recommendations for ensuring that transport better supports economic competitiveness. The Government will be providing their response to the Eddington study alongside the Comprehensive Spending Review in the autumn.