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Written Answers

Volume 699: debated on Thursday 13 March 2008

Written Answers

Thursday 13 March 2008

Armed Forces: Healthcare

asked Her Majesty's Government:

What processes and structures are in place for the Ministry of Defence to learn lessons from its experiences in treating injured service personnel at the National Health Service Selly Oak Hospital. [HL2024]

This issue was raised in the House of Commons Defence Select Committee report Medical Care for the Armed Forces, published on 18 February. The Government are currently considering the committee's recommendations and will submit their formal response to the committee within the next two months. However, we continue to address lessons to be learnt in all aspects of the patient care pathway for injured service personnel, through in particular the work that was initiated by the appointment of a Standing Joint Commander (Medical), to which the committee referred in its report. Ministers are advised regularly by the Deputy Chief of the Defence Staff (Health) and the Surgeon General on the progress of that work, and aspects of it have been reviewed as necessary by the Chiefs of Staff and the Service Personnel Board. There is also regular liaison and review with NHS staff through the Trust Clinical Governance Committee.

asked Her Majesty's Government:

How the Royal Centre for Defence Medicine is engaged with the Birmingham New Hospitals project; and when the dedicated military areas that form part of this project are expected to be completed. [HL2025]

This issue was raised in the House of Commons Defence Select Committee report Medical Care for the Armed Forces, published on 18 February. The Government are currently considering the committee's recommendations and will submit their formal response to the committee within the next two months. However, the new hospital project of the University Hospital Birmingham NHS Foundation Trust will deliver a range of new facilities, including for the Royal Centre for Defence Medicine, from 2010 onwards and is making excellent progress towards completion. The RCDM is in discussion with the trust about our detailed requirements and the timetable for the occupation of the proposed military areas of the new hospital.

asked Her Majesty's Government:

What is the current position with regard to the Midland Medical Accommodation project. [HL2026]

This issue was raised in the House of Commons Defence Select Committee report Medical Care for the Armed Forces, published on 18 February. The Government are currently considering the committee's recommendations and will submit their formal response to the committee within the next two months. However, it remains the intention of the Midland Medical Accommodation project to co-locate key elements of the Defence Medical Services at Whittington Barracks, Lichfield. The project is still in the assessment phase, but we hope to reach a decision on the next steps before the summer.

Crime: Fuel Laundering

asked Her Majesty's Government:

How many people were charged with fuel laundering or related offences during 2007; and how many were convicted. [HL2291]

The number of people charged with fuel laundering or related offences during 2007 is five. This is a national figure and includes both charging at a police station and by way of information and summons. The number of persons convicted of fuel laundering or related offences during 2007 is three, only two of whom were both charged and convicted in 2007.

The number of people convicted in relation to hydrocarbon oils fraud in mainland Great Britain and Northern Ireland during 2007-08 will be published in the HMRC autumn performance report later this year.

Divorce (Religious Marriages) Act

asked Her Majesty's Government:

Further to the Written Answer by Lord Hunt of Kings Heath on 3 March (WA 154), whether they will initiate discussions about the possible application of the powers conferred by Section 1 of the Divorce (Religious Marriages) Act 2002 to religions other than Judaism. [HL2305]

I refer the noble Lord to my Answer on 3 March. It is for a religious community itself to decide to make use of the provisions of the Act and then ask the Lord Chancellor to prescribe the religious group for that purpose.

Duty-free Allowances

asked Her Majesty's Government:

Whether there is a de minimis threshold to the amount of customs duty collected from individual travellers entering the United Kingdom from outside the European Union with more than ÂŁ145 worth of goods. [HL2197]

The monetary allowance, which currently stands at £145, applies to travellers entering the United Kingdom from non-EU countries. If the allowance is exceeded, the goods must be declared on arrival in the UK and are liable to UK VAT and any customs duty on the full value of the goods. However, EU legislation provides for a de minimis threshold of €10 (approximately £7), below which customs duty need not be collected.

EU: Subsidiarity

asked Her Majesty's Government:

Further to the Written Answers by the Lord President on 24 January (WA 62–3) and 18 February (WA 13), what are their reasons for not envisaging circumstances in which there would be a divergence of view as between Parliament and Government as to whether to initiate proceedings before the European Court of Justice objecting to draft European Union legislation on subsidiarity grounds. [HL2032]

I refer the noble Lord to the Answers I gave to him on 18 February (Official Report, cols. WA 12-13).

The Government always endeavour to work closely with Parliament and in particular with the Select Committees of both Houses on EU affairs, and always listen carefully to Parliament's views.

The Government have made clear that they will listen to views on this subject carefully and positively. But the Lisbon treaty does not create separate standing for national Parliaments before the court, nor does it create an obligation on the Government. We will need to ensure robust processes are in place to make sure this works in practice. The Government remain open on the precise modalities and will ensure discussion and agreement on this before the Lisbon treaty comes into force.

asked Her Majesty's Government:

Further to the Written Answers by the Lord President on 24 January (WA 62–3) and 18 February (WA 13), whose wishes would prevail in the event of a disagreement between Parliament and Government as to whether to initiate proceedings before the European Court of Justice objecting to draft European Union legislation on subsidiarity grounds, under the terms of Article 8 of the Protocol to the Lisbon Treaty. [HL2033]

I refer the noble Lord to the Answers I gave to him on 18 February (Official Report, cols. WA 12-13).

The Government always endeavour to work closely with Parliament and in particular with the Select Committees of both Houses on EU affairs, and always listen carefully to Parliament's views.

The Government have made clear that they will listen to views on this subject carefully and positively. But the Lisbon treaty does not create separate standing for national Parliaments before the court, nor does it create an obligation on the Government. We will need to ensure robust processes are in place to make sure this works in practice. The Government remain open on the precise modalities and will ensure discussion and agreement on this before the Lisbon treaty comes into force.

Families

asked Her Majesty's Government:

What further steps they propose to provide assistance for working-age families without children. [HL2310]

The Government support people without children who are on low incomes and working full-time primarily through the working tax credit (WTC). Together with the national minimum wage, tax credits have enabled the Government to guarantee minimum levels of income and tax credits entitlement for full-time workers.

The national minimum wage in 1999, has brought to an end the long-term trend of wages at the bottom of the income distribution growing more slowly than the average. On 5 March, the Government announced that all the rates of the national minimum wage would be increasing from October 2008, including the adult rate, which will increase from ÂŁ5.52 to ÂŁ5.73.

This means, for instance, that from October 2008, a single person, aged 25 or over, who is in full-time work will have a combined weekly income and tax credit entitlement of at least ÂŁ189.

Further decisions on the national minimum wage will take place after the Low Pay Commission next reports, in spring 2009. Further decisions on the working tax credit will take place on the usual Budget and Pre-Budget Report timetable.

Gold

asked Her Majesty's Government:

What is the value at the current market price of the United Kingdom's official gold reserves; on what dates since May 1989 sales of these reserves have taken place; and how much was made from each of those sales. [HL2200]

Data on the physical stock of gold and its current value are available on the Bank of England website at http://213.225.136.206/statistics/reserves/Tempoutput.xls.

395 tonnes of gold were sold from the reserves between July 1999 and March 2002. The proceeds were in dollars, and details of the auctions can be found on page 27 of Review of the Sale of Part of the UK Gold Reserves published by the Treasury in October 2002 (www.hm-treasury.gov.uk./media/1/C/GoldReserves.PDF). The Government have not conducted an official gold sales programme since 2002. However, the physical stock of gold may change for a number of reasons, including sales of small amounts of gold sovereigns by the Royal Mint; and transaction costs incurred in gold lending and swaps.

Gypsies and Travellers

asked Her Majesty's Government:

What representations they have received from Gypsies and Travellers on the proposal that the Mobile Homes Act 1983 should be applied to local authority Gypsy sites; and whether they will consider making it a requirement that the landlord should only agree to the sale or transfer of a mobile home to a person other than a near relation of the existing tenant where a majority of the other residents on the site have given their consent to it. [HL2399]

The Department for Communities and Local Government has held a number of consultation events with Gypsies and Travellers and local authorities on the application of the Mobile Homes Act 1983 to local authority Gypsy and Traveller sites. The discussion at these events will inform a consultation paper on the implementation of the 1983 Act in respect of these sites, which will be published later in the spring.

asked Her Majesty's Government:

Whether local authorities have power to demand Section 106 contributions in advance from persons applying for planning permission to develop Gypsy sites. [HL2401]

Planning obligations under Section 106 of the Town and Country Planning Act 1990 can be used to secure the implementation of a planning policy in order to make acceptable a proposal for a Gypsy and Traveller site which would otherwise be unacceptable in planning terms. This could include securing a contribution towards infrastructure needed to mitigate the impacts of that development.

Planning obligations are usually negotiated in the context of planning applications and should be sought by local planning authorities only if they meet all of the Secretary of State's policy tests set out in ODPM Circular 05/2005 Planning Obligations. Developers may also enter voluntarily into unilateral undertakings at any time.

Planning obligations and unilateral undertakings are legal agreements and are usually drafted so that they come into effect at a time when planning permission is granted, and may provide that they are not enforceable until the developer implements the permission for which the planning obligation has been entered into.

Health: Hydrotherapy

asked Her Majesty's Government:

How many hydrotherapy pools there are per person in the United Kingdom; and how this compares to other European countries. [HL2402]

Health: Macular Degeneration

asked Her Majesty's Government:

Further to the Written Answer by Lord Darzi of Denham on 4 March (WA 168–9) about the decision to deny Mr Jack Tagg a course of ranibizumab (Lucentis), what account was taken of his service in the Armed Forces; and whether the handling of this case is consistent with the statement made by the Secretary of State for Health, Mr Alan Johnson, on priority treatment for such patients. [HL2355]

As per my Written Answer of 4 March (Official Report, cols. WA 168-9, decisions to fund treatments are made by primary care trusts in consultation with the healthcare professionals who are best placed to decide on the most appropriate treatments for their patients. I understand that Torbay Care Trust has now offered to fund Mr Tagg's treatment.

The noble Lord may wish to raise any further concerns regarding Mr Tagg's case with the chief executive of Torbay Care Trust.

More generally, war veterans should receive priority access to National Health Service secondary care for conditions which are likely to be related to their past service. This does not mean that a war veteran will be offered treatments that are not also offered to others in the locality.

Housing: Flood Plains

asked Her Majesty's Government:

What is their response to representations made by the Countryside Alliance and similar campaigning groups on the number of new homes being planned for construction on flood plains. [HL2251]

We are aware of representations made by the Countryside Alliance and others about housing and other development being built on floodplains. The Government's policy, set out in planning policy statement 25 (PPS25), Development and Flood Risk, is to avoid inappropriate development in flood risk areas, and to direct development away from high risk areas by ensuring that sites at little or no risk of flooding are developed in preference to areas at higher risk. Local authorities should shape new development according to the needs of their area, and make decisions on where new housing should be located through the development plan process. They should ensure that new housing is developed in suitable locations, and carry out sustainability appraisals, informed by strategic flood risk assessments, in order to deliver sustainable development objectives, taking flood risk and climate change into account.

However, the Government recognise that it will not always be possible to find locations for development at low flood risk. Around 10 per cent of England by land area, population and housing stock already lies within flood risk areas. There are large areas and towns and cities, for example in eastern England, where virtually all land is within high flood risk areas, with few sites for development in lower risk areas. PPS25 requires that any development that is needed in flood risk areas should be safe, should not increase flood risk and, where possible, reduce the overall risk through good design and layout of development on the site.

asked Her Majesty's Government:

Whether they have received information from the 153 local authorities which have indicated that, of 2,105,449 houses planned for construction, 135,688 will be built in areas of high flood risk; and what steps they are taking to deal with potential future widespread flooding; and [HL2341]

Whether 56 out of 209 local authorities are unaware which planned developments of new homes are likely to be on flood plains or land at high risk of flooding; and, if so, how they intend to increase their awareness. [HL2342]

The Government are aware of data provided by the Countryside Alliance on proposed housing development in areas of high flood risk. The data are set out in correspondence which is currently being considered by my department.

The Government take the threat of flooding to housing and other forms of development very seriously, and for this reason in December 2006 we published stronger and clearer planning policy in planning policy statement 25 (PPS25), building on earlier planning policy on this issue. A key aim of the policy approach in PPS25 is to direct inappropriate development away from areas of high flood risk.

It is for local planning authorities to make decisions on where new housing and other development should be located through the development plan process, taking account of national and regional planning policies and the comments of key stakeholders, including the Environment Agency. They should ensure that new housing is developed in suitable locations and carry our sustainability appraisals, informed by strategic flood risk assessments and the advice of the Environment Agency, in order to deliver sustainable development objectives, taking flood risk and climate change into account.

To support the planning policies in PPS25, we shall be publishing a practice guide in the spring, providing local planning authorities, developers and others with guidance on the practical implementation of PPS25 policy. We are also planning a round of workshops for local planning authorities and other key stakeholders, to ensure PPS25 policy is implemented.

Human Fertilisation and Embryology Authority

asked Her Majesty's Government:

Further to the Written Answer by Lord Darzi of Denham on 28 February (WA 135), whether the principles contained in the Human Fertilisation and Embryology Act 1990 and associated regulations mean that someone who has declared himself in favour of human reproductive cloning may not be a member of the Human Fertilisation and Embryology Authority. [HL2425]

The members of the Human Fertilisation and Embryology Authority must be mindful of the full range of views held on embryology and assisted conception. This includes views that differ from the current regulatory restrictions, such as those who believe there is a case for reproductive cloning.

While individual members may acknowledge such views, in carrying out their statutory functions they are obliged to recognise and act within the regulatory parameters of the 1990 Act and associated regulations.

National Insurance

asked Her Majesty's Government:

How many local authority councillors do not have any national insurance entitlement from other sources; how many councillors qualify for national insurance entitlement by virtue of their local authority payments; and how many do not qualify for national insurance entitlement by virtue of their local authority payments; and [HL2287]

What is the estimated cost of providing each year a national insurance credit for local authority councillors who are missing that year; and what would be the cost to local government per annum of paying for class 3 contributions in these circumstances. [HL2288]

Northern Rock

asked Her Majesty's Government:

Whether they will publish the due diligence undertaken on Northern Rock. [HL2170]

Northern Rock operates on an arm's-length basis from Government as a commercial entity in a competitive environment. It is not performing a public function. It publishes its audited reports and accounts on a regular basis in accordance with statutory reporting requirements. It is inappropriate for the Government to publish commercially sensitive information in relation to Northern Rock.

The Financial Services Authority has assessed that the company remains solvent and continues to have a mortgage book of good quality.

asked Her Majesty's Government:

Whether Northern Rock should be downsized as quickly as possible, as proposed by Ron Sandler, its new chairman. [HL2172]

This is a matter for Northern Rock's board to consider. During the current period of temporary public ownership, the Government do not interfere with the day-to-day operations of the company.

asked Her Majesty's Government:

Whether the latest accounts of Granite will be published with the group accounts of Northern Rock. [HL2228]

Yes. The accounts of Granite are consolidated with those of Northern Rock in the Northern Rock group accounts. This accounting treatment, which is the same as for the securitisation structures of other leading banks and building societies, reflects the fact that Northern Rock is an economic beneficiary of the securitisation and has a degree of contractual influence on the affairs of Granite, even though Northern Rock does not own Granite.

asked Her Majesty's Government:

Whether the restructuring proposals by the board of directors of Northern Rock require the approval of the European Commission before they may be implemented. [HL2283]

To the extent that the restructuring proposals for Northern Rock require ongoing state financial support for a temporary period, these proposals will need to be approved by the European Commission under the state aid guidelines. As the Chancellor of the Exchequer has made clear, a restructuring plan will therefore be submitted to the European Commission by 17 March 2008. Pending a decision from the Commission, the process of restructuring can commence immediately, subject to any conditions imposed.

Police: Databases

asked Her Majesty's Government:

How many individuals under the age of 18 currently have their DNA profiles on the national DNA database. [HL2238]

As at 31 January 2008, the National DNA Database (NDNAD) held 364,058 profiles from individuals under 18 from all UK forces (including England, Wales, Scotland, Northern Ireland and the Channel Islands). The number of profiles held on the database is not indicative of the number of individuals. As it is possible for a profile to be loaded onto the NDNAD on more than one occasion, some profiles held on the NDNAD are replicates. This can occur, for example, if the person provided different names, or different versions of their name, on separate arrests, or because profiles are upgraded.

At present, the replication rate is 13.3 per cent; that is, the number of people whose details are loaded is 13.3 per cent fewer than the number of profiles. Therefore, the estimated number of individuals under 18 as at 31 January 2008 is 315,638. Individuals who were under 18 at the time that a DNA sample was taken from them, but were over 18 on this date, are not included in the figures.

asked Her Majesty's Government:

How many DNA profiles have been deleted from the national DNA database. [HL2240]

It is understood this Question relates to profiles from known individuals rather than profiles from crime scenes. The number of these deleted between the establishment of the National DNA Database (NDNAD) in 1995 and 5 March 2008 is estimated to be 386,205.

The types of record deleted have varied over time and between different parts of the United Kingdom. In England and Wales before 2001, the police could take DNA from anyone charged, but the samples and the profiles derived from them had to be destroyed if charges were dropped or the person was found not guilty.

The Criminal Justice and Police Act 2001 changed this so that DNA could be kept from those who had been charged even if they were acquitted; the Criminal Justice Act 2003 (which came into force in 2004) extended the power further, so that DNA could be kept from anyone arrested for a recordable offence and held in a police station. In Scotland, DNA samples and profiles can be retained permanently from anyone convicted; if a prosecution is started for a sexual or violent offence, the DNA can be retained for three years with a possible extension, regardless of whether the person is brought to trial or convicted; otherwise the DNA samples and profiles have to be destroyed after the investigation. Therefore, since 2004 most of the profiles deleted from the NDNAD have been Scottish ones.

asked Her Majesty's Government:

How many volunteers currently have their DNA profiles on the national DNA database. [HL2241]

On 5 March 2008 there were records of an estimated 24,486 volunteers on the National DNA Database (NDNAD) from all police forces, including Scotland, Northern Ireland and the Channel Islands.

Volunteer samples may be taken only with the person's written consent to giving a DNA sample in order to assist a police investigation. The resulting DNA profile is then compared in the forensic laboratory with the DNA material recovered from the crime scene.

Volunteer subject sample profiles are added to the NDNAD only where the individual has also given separate written consent for their profile to be loaded and retained on the NDNAD for searching against other unsolved crime profiles.

Police: Translation Services

asked Her Majesty's Government:

Whether the efficiency and effectiveness of the translation services offered by the police to overseas visitors is satisfactory; and [HL2125]

Whether they will consider creating a centralised system of translation services offered by the police to overseas visitors. [HL2126]

The provision of translation services by police forces is an operational matter for the chief officer of the force concerned. Information on each force area is not held centrally.

We have no current plans to create a centralised system of translation services. Guidance to police forces and other criminal justice agencies is included in the national agreement on arrangements for the use of interpreters, translators and language service professionals in investigations and proceedings within the criminal justice system, issued in January 2007.

A copy has been deposited in the Library of the House.

Political Parties: Business Rates

asked Her Majesty's Government:

Whether political parties are eligible for charitable relief on the payment of business rates; and whether they have been so eligible at any time during the past 20 years. [HL2321]

The decision on whether an organisation is eligible for mandatory relief for charities is a matter for the local billing authority in question, based on the provisions of rating legislation and the facts of the case. Central government do not hold information on the eligibility of particular organisations.

Questions for Written Answer: Unanswered Questions

asked the Leader of the House:

Why the Question for Written Answer tabled by Lord Avebury on 7 November 2007 remained unanswered on 25 February. [HL2158]

Railways: Car Parking

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 4 March (WA 173), whether increases in car parking capacity at train stations are set out in the specification for new franchises and alterations within the franchise period; and, if so, what assessment they have made of a conflict arising between the policy of awarding a franchise to the highest bidder and the Government's stated policy of encouraging modal switch. [HL2332]

The Government’s aim is to allow people to make an informed choice as to which form of transport to use rather than to encourage a specific modal shift.

Invitation to tender documents (ITTs) for franchises require bidders to present proposals for increasing the number of car parking spaces as part of the wider issue of access to stations. Such considerations must be mindful of planning issues and the need to consider other modes and environmental concerns.

Details of the requirements for the West Midlands, East Midlands and Intercity East Coast franchise are available on the Department for Transport website at www.dft.gov.uk.

Railways: First Great Western

asked Her Majesty's Government:

Whether First Great Western trains has sufficient rolling stock at its disposal to operate the present and proposed services over the length of its franchise. [HL2266]

The First Great Western franchise is a 10-year franchise until March 2016. The White Paper published in the summer included a commitment to 1,300 extra carriages to be targeted at the most congested routes on the network.

On 30 January the Department for Transport published its Rolling Stock Plan. This shows indicative numbers of rolling stock per train operating company. Fifty-two additional vehicles are shown for First Great Western. The Rolling Stock Plan explains that these numbers are not intended to be prescriptive, nor to limit the development process with the industry, and could therefore be subject to change in the final outcome.

I also refer to the Written Statement made by my right honourable friend the Secretary of State on 26 February 2008 (Official Report, Commons, cols. WS 71-74). This Statement confirmed that additional carriages will be added to trains operating the First Great Western Portsmouth to Cardiff route from this summer.

asked Her Majesty's Government:

Whether they have given consent to First Great Western trains to place orders for any new rolling stock which the Department for Transport considers that it will need so as to meet the franchisee's undertakings under the high-level output statement up to 2013. [HL2267]

The Department for Transport’s Rolling Stock Plan indicates that 52 additional vehicles will be needed for First Great Western (FGW) services. Discussions with FGW have started, but no rolling stock order has been placed yet.

Railways: North Wales

asked Her Majesty's Government:

Whether they have records of levels of overcrowding on Virgin Trains services between Chester and Holyhead; and whether the levels of overcrowding would be affected by Virgin Trains sending half the train from Chester to Wrexham and the other half from Chester to Holyhead. [HL2331]

There is little evidence of crowding on West Coast Trains' services between Chester and Holyhead. Availability of train path and resource, as well as passenger loadings, are factors in determining whether additional services between Chester and Wrexham can be provided.

From December 2008, West Coast Trains is planning to operate an additional 0705 Wrexham General to Chester and 2020 Chester to Wrexham General service, subject to obtaining track access rights. These services are to form through trains to and from London Euston.