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Column 9appeal hearing. In January 1987 I told the House that in the light of that constraint my view was that there had not been raised any new substantive points which justified action on my part.
A large amount of further matter has been produced since then. The question, which I have examined with great care, is whether it is new and substantial, and now justifies my intervention.
At this point I should refer to the argument, on law not fact, advanced by Lords Devlin and Scarman when they came to see me on 23 July 1987 and further developed in an article in The Times on 30 November last year. In brief, I understood them to argue that the Court of Appeal was wrong to dismiss as worthless without reference to a jury the confessions to the Guildford and Woolwich bombings by members of the Balcombe Street Gang. These confessions were made between the original verdict and the appeal hearing. Lords Delvin and Scarman believe that the jury should have been given the chance to reach a conclusion on the convictions of the Guildford Four by a previous jury in the light of these confessions, of which that jury knew nothing. I understand that a similar point of law was raised in the context of the Birmingham bombings. The Appeal Committee of the House of Lords, composed of three Law Lords, on 14 April 1988 refused leave to appeal on these grounds. Although I personally would be reluctant to contest an opinion held by Lords Devlin and Scarman, I do not think it would be sensible to base a reference to the Court of Appeal on a point of law which the Appeal Committee had recently declined to consider.
I should, however, point out that when a case is referred to the Court of Appeal by the Home Secretary he may cite grounds for such reference but the subsequent hearing is not confined to those grounds. Once a case is referred, it is treated for all purposes as an appeal by the persons convicted, and the defence may thus seek to raise any matters of fact or law which they regard as pertinent. Against this background and after prolonged study and thought, I have decided to refer this case to the Court of Appeal. It is right that I make clear now that I do not feel justified in recommending the use of the royal prerogative to pardon or release them. But I am satisfied that amongst the many matters raised with me since January 1987 there are new and substantial points which clearly, and within the constraint set out above, are best considered by the court. There are three particular matters, to which my attention was drawn :
(a) first, there is the matter of the use of drugs by Carole Richardson, and medical treatment given to her while in custody. There are two points here. Dr. Makos, the police surgeon who saw her in 1974, volunteered in August 1987, and repeated to the Avon and Somerset police in November 1987, that he had administered an injection of pethidine to Carole Richardson. Later, in December last year, in a letter and subsequent statement to officers of Avon and Somerset, he withdrew this admission. Dr. Makos' recollections may be uncertain or unclear, but it does appear that pethidine might not have been a suitable treatment for someone in Miss Richardson's apparent condition, that is suffering from withdrawal from barbiturates. Even if she was not given pethidine, at least some of her confessions would appear to have been made at a time when she was suffering from withdrawal to a greater degree than has hitherto been thought. The admitted administration of the drug tuinal to Miss
Column 10Richardson would appear, in medical opinion now, to have had the effect of prolonging and increasing withdrawal symptoms. The possible effects of these drugs on the reliability of her statements were not adequately exposed to the jury or the Court of Appeal ;
(b) second, the alibi given by Maura Kelly in March 1987 for Carole Richardson, alleges that during the afternoon of the Guildford bomb, 5 October 1974, she was visited at the baker's shop where she worked by Richardson and her friend Lisa Astin, at about 2.30 pm. The two left and returned to the shop some time later, when Richardson gave Maura Kelly a doll. When Maura Kelly closed the shop at around 5 pm, the two girls were still with her. She walked with them to the bus stop when they separated. Maura Kelly had left the country before the trial and the defence were unable to call her to give evidence. Neither a jury nor the Court of Appeal have therefore had the opportunity to assess the value of her evidence alongside the alibi presented by Carole Richardson, that during the course of the afternoon she had no opportunity to make any journey to Guildford ; (
(c) third, the alibi by Mrs. Fox for Paul Hill, produced on 15 July 1987 states that on the evening of the Woolwich bombing, 7 November 1974, she was at the flat of Mr. and Mrs. Keenan, where Paul Hill was living. Mrs. Fox says she was with Mr. and Mrs. Keenan between 7 pm and 10.15 pm. During that period Paul Hill was present except for a period of about 20 minutes when he left to make a telephone call to his girlfriend. Mrs. Fox attended the trial but did not give evidence, and Mr. and Mrs. Keenan and Paul Hill, who did give evidence, made no mention of her. In statements of 15 July 1987, both Mr. and Mrs. Keenan now confirm that Mrs. Fox had been at their flat that evening.
Paul Hill said he left Mr. and Mrs. Keenan's flat only to make a telephone call. This was supported by the Keenans in their evidence. The account Mrs. Fox offers appears to add weight to the alibi evidence, but neither the jury nor the Court of Appeal have had the opportunity to consider it.
Little purpose would be served by setting out in detail here the other points put to me. The three main points I mention seem to me to bear directly on the safety of the convictions. These points were not available to the jury of the Court of Appeal. They need to be tested in court.
I am grateful to all those whose genuine concern for justice had led them to take an interest in this case. Among many I would single out Cardinal Hume, with whom I have several times discussed the case and who led the delegation which came to see me in July 1987. I am also most grateful to the Avon and Somerset police, who conducted painstaking and invaluable inquiries into certain of the new matters submitted to me.
Mr. Allen : To ask the Lord President of the Council what was the cost to the public funds of the office and secretarial allowance for the last year for which figures were available ; and what this is as a percentage of the total cost were each hon. Member to have claimed the full allowance.
Column 11expenses was £11,673,156.50. This figure represents just over 89 per cent. of the total cost had all hon. Members claimed the full allowance during the year.
Mr. Dalyell : To ask the Secretary of State for Foreign and Commonwealth Affairs if he has any conveniently available figures for the volume of aid to (a) Brazil, (b) Malaysia, (c) Indonesia and (d) African states to help them preserve rain forest ecosystems over any convenient period.
Mr. Chris Patten : Available information on aid commitments to projects currently under way is as follows (a) £20,000, (b) £156, 000 (a regional Asian project with special relevance to Malaysia), (c) £120,000 and (d) £21.9 million. In addition, over £575,000 has been committed to people from African countries undergoing rain forest- related training in the United Kingdom in 1987-89.
Mr. Cryer : To ask the Attorney-General, if he will list the ministerial advisers appointed in the Lord Chancellor's and Law Officers Departments for each year since 1979, the salary each person received, whether paid directly or to another employer, and the duties undertaken, whether solely in that Department or in conjunction with other Departments ; and if he will make a statement.
Mr. Corbett : To ask the Attorney-General what consideration he has given to the possible prosecution of Mr. Richard Norton-Taylor of The Guardian, and of its editor Mr. Peter Preston, arising from the publication on 4 January 1989 of the name and background of the new head of the Secret Intelligence Service.
Dr. Marek : To ask the Secretary of State for Foreign and Commonwealth Affairs what estimate he can make of the number of upland geese currently on the Falkland Islands ; and what were the estimated numbers over the last decade.
Mr. Eggar : According to a 1987 report on geese grazing in the Falkland Islands, there are between 300,000 and 400,000 Upland geese on the Falkland Islands. In the late seventies, numbers were estimated at between 350,000 and 400,000.
Dr. Marek : To ask the Secretary of State for Foreign and Commonwealth Affairs what information he has as to the numbers of St. Helenians living in St. Helena with university qualifications ; and what were the comparable figures five years ago.
diplomas--postgraduate) ; the number five years ago was eight.
Mr. Eggar : Conservation in the waters around South Georgia is covered by the convention for the conservation of Antarctic marine living resources (CCAMLR). Under pressure from the United Kingdom and others CCAMLR recently banned all fishing around South Georgia for mackerel ice fish (the primary endangered species) until November 1989. The renewable resources assessment group of Imperial college is currently studying the fishery resources of the area on behalf of the South Georgia Government.
Mr. Amos : To ask the Secretary of State for Foreign and Commonwealth Affairs why Her Majesty's Government decided to send an official representative to the funeral of Emperor Hirohito ; and if he will make a statement.
Mr. Eggar : We have close and friendly relations with Japan. The late Emperor of Japan made a state visit to this country in 1971 and The Queen made a state visit to Japan in 1975. Members of successive Governments have been received by the late Emperor. In the light of all these factors we have decided it is right to be represented at the Emperor's funeral.
Mr. Wyn Roberts : Inter-Valley Link is expected to be sold shortly by Rhymney Valley district council. Proposals to sell any of the remaining five companies in Wales are a matter for the local authority concerned.
Mr. Cryer : To ask the Secretary of State for Wales if he will list the ministerial advisers appointed in his Department for each year since 1979, the salary each person received, whether paid directly or to another employer, and the duties undertaken, whether solely in his Department or in conjunction with other Departments ; and if he will make a statement.
Mr. Peter Walker : Mr. C. J. Butler was a ministerial adviser in the Welsh Office from 1983 to 1985. His salary was paid directly to him and since it was negotiated taking into account his previous income it would not be appropriate to reveal it. He did not work for any other Government Department in the period and his duties were set by my predecessor as Secretary of State for Wales.
Mr. Alan W. Williams : To ask the Secretary of State for Wales what was the amount spent on home improvement grants by (a) Carmarthen district council, (b) Dinefwr district council and (c) the total for all Welsh local authorities in each of the financial years from 1978-79 to the present at 1988 prices.
(£000's) |Wales |Carmarthen|Dinefwr ------------------------------------------------------- 1978-79 |17,427 |550 |369 1979-80 |20,657 |739 |490 1980-81 |20,442 |1,060 |442 1981-82 |21,786 |735 |256 1982-83 |41,927 |1,004 |121 1983-84 |115,501 |6,576 |1,006 1984-85 |99,149 |4,006 |1,511 1985-86 |59,707 |1,840 |520 1986-87 |62,063 |2,032 |410 1987-88 |60,992 |1,889 |416
Mr. Grist : We have no general powers to fund nursing homes, although project applications relating to their establishment may be considered under urban programme, urban development grant and joint finance schemes. However, the information requested of the Department is not readily available and I have no ready access to information about the costs to other Government Departments.
Mrs. Clwyd : To ask the Secretary of State for Wales how many places there were in local authority nursing homes in each year from 1982 to 1987 by district health authority ; and what was the total cost of those places in each year.
Mrs. Clwyd : To ask the Secretary of State for Wales how many pay beds were available in Welsh health authorities in each year since 1979 ; what was the percentage occupancy rate in each year ; and how much money is still owed by pay bed users.
Year<1> |Number of pay beds |Percentage occupancy |authorised ------------------------------------------------------------------------------------ 1979 |39 |35.8 1980 |36 |58.9 1981 |<2>46 |33.6 1982 |<2>47 |29.8 1983 |<2>47 |29.5 1984 |<3>49 |26.8 1985 |<2>49 |30.0 1986 |<2>54 |34.5 1987 |<2>54 |31.4 <1> At 31 December for each calendar year. <2> Excludes two beds for emergency use only. <3> Excludes three beds for emergency use only.
|Number of beds --------------------------------------------- 1982 |255 1983 |246 1984 |246 1985 |246 1986 |212 1987 |215
Number of consultants-as at 30 September<1> |Full-time |Part-time<2> ---------------------------------------------------- 1979 |391 |307 1980 |404 |300 1981 |431 |299 1982 |443 |300 1983 |481 |290 1984 |500 |289 1985 |494 |319 1986 |504 |334 <1>Excludes locums and community staff. <2>Includes consultants with part-time, maximum part-time and honorary contracts.
Mrs. Clwyd : To ask the Secretary of State for Wales how many contracts have been awarded in the Welsh hospital service to outside contractors in each of (a) catering, (b) cleaning, (c) laundry, (d) engineering, (e)
Column 15building and (f) gardening since 1985 ; and what percentage of those services are performed by outside contracts.
Mr. Grist : Of the 78 contracts let by competitive tendering since 1985 for catering, cleaning and laundry services, one domestic contract (4 per cent. of total service costs) and one laundry contract (2.5 per cent. of total service costs) were let to private contractors. All other contracts let so far for these services have been awarded to in-house teams. There is no doubt that
cost-effectiveness has been greatly improved as a result of the tendering process. Information on engineering, building and gardening services is not held centrally.
(2) whether an internal market in the Welsh Health Service will be backed by a subsidised transport service to allow all patients to benefit from empty beds in other areas.
Mr. Peter Walker : No, since there is nothing that I can usefully add to the many exchanges which I have had with the right hon. Gentleman and with representatives of the Parc Beck allotment society. The matter is one for the West Glamorgan health authority to pursue in accordance with the relevant departmental guidance.
Mr. Barry Jones : To ask the Secretary of State for Wales if he will publish the amount of accumulated capital receipts held by local authorities at the end of 1987-88 ; and if he will make a statement.
Mr. Allen : To ask the Chancellor of the Duchy of Lancaster how many representations he has received regarding industrial relations in the Post Office from (a) Conservative and (b) other hon. Members.
Mr. Forth : We have made it clear that the Post Office's monopoly over the conveyance of letters priced at below £1 is a privilege not a right. We keep the monopoly under review and have said that in the event of cessation or serious decline in the quality of the letter service, we would consider seriously suspending the monopoly. I have, however, no present plans to do so.
Mr. Forth : During the years 1987 and 1988 17 marketing or market research consultancies based out of London were invited to tender by my Department. I am unable to provide details for other Government Departments.
Dr. Hampson : To ask the Chancellor of the Duchy of Lancaster what the total amount spent by Government Departments and agencies on market research was in 1987-88 ; and what proportion was contracted out to private companies.
Mr. Forth : My Department's records for that year do not separately identify expenditure on market research. The cost of extracting the information manually would be disproportionate. I am unable to comment on such expenditure in other Government Departments.
Mr. Forth : The quality of the letter delivery service is an operational matter for the Post Office. I understand that despite the 24- hour closure of the Coventry sorting office as a result of a letter bomb and exceptionally high levels of staff sickness, almost all mail posted on or before the latest posting dates recommended by the Post Office was delivered before Christmas day. However, a less than full service was provided in the south-west London district as a result of unofficial industrial action in nine of the 20 sub-districts.
Mr. Cryer : To ask the Chancellor of the Duchy of Lancaster if he will list the ministerial advisers appointed in his Department for each year since 1979, the salary each person received, whether paid directly or to another employer, and the duties undertaken, whether solely in his Department or in conjunction with other Departments ; and if he will make a statement.
Mr. Kirkwood : To ask the Chancellor of the Duchy of Lancaster whether he will arrange to meet the managing director of Post Office Counters to discuss the effects of the current downgrading of main post offices.
Mr. Knapman : To ask the Chancellor of the Duchy of Lancaster if the details of the bilateral agreements on trade in textiles within the People's Republic of China initialled by the EC Commission last month have yet been made public.
Mr. Alan Clarke : The quantitative limits for 1989 imports under the agreement were published in the Official Journal of the European Communities (OJL 367) dated 31 December, recently received. However no figures for member state shares of EC-wide limits are given. These are not expected for some weeks.
A copy of the relevant extract from OJL 367 is being placed in the Library.
I understand that a further part of the Official Journal for 31 December has just been published, reproducing the terms of the agreement. This will be placed in the Library as soon as it is received.
Mr. Allen : To ask the Secretary of State for Education and Science what assistance his Department will give the local education authority in meeting the needs of psychiatrically disturbed children and adolescents in the Nottingham area arising from the closure of St. Anne's hospital and its hospital school.
Mr. Butcher : Before any maintained special school, including a hospital school, can close, the local education authority must seek the Secretary of State's approval under section 14 of the 1981 Education Act. A copy of the Department's Circular 3/82 "Section 14 of the Education Act 1981 : Discontinuance of Maintained Special Schools", which explains these procedures, is available in the Library. It is for local education authorities to specify the alternative provision they will be making for pupils affected by the closure of a special school.
No proposal to close St. Anne's hospital school has been received by the Secretary of State.
Mr. Simon Hughes : To ask the Secretary of State for Education and Science what is the level of his Department's funding of the Natural Environment Research Council for each of the past 10 years in real terms at 1988-89 prices ; if he will increase the planned level of funding for the 1989-90 financial year ; and if he will make a statement.
|£ million 1988-89 prices --------------------------------------------------------------------------- 1979-80 |68.3 1980-81 |73.6 1981-82 |77.8 1982-83 |77.7 1983-84 |78.9 1984-85 |79.6 1985-86 |78.5 1986-87 |78.7 1987-88 |77.9 1988-89 |91.9
My right hon. Friend announced on 1 November 1988, at columns 605-10, that the Science Budget for 1989-90 would be £825 million and that he would be seeking the advice of the Advisory Board for the Research Councils on the allocation of this amount. In answer to questions from my hon. Friends the Members for Rutland and Melton (Mr. Latham) on 7 November 1988 at columns 2-3 and Derbyshire, West (Mr. McLoughlin) on 8 November 1988 at columns 134-35, my right hon. Friend has already announced that he has allocated in 1989-90 an additional £3 million for the British Geological Survey and an additional £10 million for the British Antarctic Survey. The ABRC advice is now being considered. We hope to announce the allocations to the individual councils (including NERC) shortly.
Mr. Key : To ask the Secretary of State for Education and Science (1) what is his timetable for making regulations under section 17 and section 19 of the Educational Reform Act 1988 regarding provision within the national curriculum for children with special educational needs ; and if he will make a statement ;
(2) if he will make it his policy not to lay before this House draft orders for mathematics and science within the national curriculum until after he has published proposals for regulations under section 17 and section 19 of the Education Reform Act 1988 regarding provision for children with special educational needs ; and if he will make a statement.
Mrs. Rumbold : There is no need for regulations under section 17 regarding provision for children with special educational needs to be drafted before orders for attainment targets and programmes of study for mathematics and science are made. The National Curriculum Council has advised my right hon. Friend that these orders should apply to all pupils without modification, with every effort being made to facilitate access for all pupils including those with a statement of special educational needs made under the Education Act 1981. My right hon. Friend proposes that the mathematics and science requirements should not, however, apply to pupils with statements of special educational needs until autumn 1990. This will give time for statements to be revised to modify or disapply the requirements if necesary.
If section 17 regulations are needed in respect of national curriculum requirements to be introduced in 1990 and subsequently, my right hon. Friend will ensure that the necessary consultations take place in good time.
Regulations under section 19 about temporary exemptions to national curriculum requirements will not be specific to particular subjects. It is my right hon.
Column 19Friend's intention to consult on draft regulations shortly, so that the regulations can take effect from 1 August 1989 at the same time as the first statutory requirements relating to the national curriculum.
Mr. Thurnham : To ask the Secretary of State for Education and Science how many people aged 40 years or over have trained since 1980 to become teachers as an alternative to their former profession and are now employed in state schools ; and if he will make a statement.
Mrs. Rumbold : In March 1986 (the latest date for which figures are available) there were about 1,800 teachers full-time in maintained nursery, primary and secondary schools in England who had qualified since 1980 and were aged 40 or over at the time they did so.
Mr. Straw : To ask the Secretary of State for Education and Science what records are kept by his Department, or which are available to his Department, in respect of the names, current addresses, experience and occupations of persons who have qualified as teachers but who are not at present employed as a teacher by any local education authority in England.
Mr. Kenneth Baker : The database of teacher records (DTR) maintained by the Department to administer the teachers' superannuation scheme contains a record of every teacher who has either had reckonable service or completed a course of initial teacher training in England and Wales. However, for teachers not at present in service the DTR would not hold any of the details listed except for their name at the time of last leaving service or completing training.