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Written Answers to Questions
Thursday 29 October 1992
TRANSPORT
Fishing Vessels
Mr. Austin Mitchell : To ask the Secretary of State for Transport how many foreign fishing vessels are currently applying to be registered as British.
M25
Mr. Burden : To ask the Secretary of State for Transport if he will make a statement regarding his plans for the widening of the M25.
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Mr. Kenneth Carlisle : Implementation of the general strategy announced on 6 September 1991 is continuing. Announcements of progress with the development of individual schemes for widening the existing carriageway to dual four-lane standard within existing boundaries are made at appropriate stages. Proposals for link roads between junctions 12 and 15 are the subject of public consultation. Decisions on the need for and feasibility of supplementary carriageways on other sections of the route remain to be taken when the studies are completed.
Appointments
Mr. Redmond : To ask the Secretary of State for Transport if he will list all the names of public appointments that he has made, giving the period for which the appointment was made, relevant qualifications of the appointees and what remuneration each currently receives.
Mr. Norris : Details of public appointments made by my right hon. Friend since 10 April 1992 are set out in the table.
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Name of appointee Body to which Period of the
appointed and appointment
remuneration
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mr. A. H. C. Broadbent<1> |Dover Harbour Board | 1 May 1992-30 April 1995
Mr. A. Worthington |Deputy Traffic Commissioner |-£172 per day |18 May 1992-17 May 1994
Mrs. M. Kendrick<1> |Acting Conservator of the River Mersey|-£8,223 pa | 1 June 1992-31 May 1993
Mr. K. Brown<1> |London Transport |-£9,150 pa |29 June 1992-28 June 1994
Mrs. H. Robinson<1> |London Transport |-£9,150 pa |29 June 1992-28 June 1994
Mrs. M. K. Davies |Port of Tyne Authority | 1 July 1992-30 June 1995
Mr. R. D. Peters |Dover Harbour Board |27 July 1992-30 April 1993
Sir Peter Baldwin<1> |Disabled Persons Transport Advisory
| Committee (unpaid) | 1 August 1992-31 July 1993
Mr. J. S. Fair<1> |Dundee Port Authority | 1 September 1992-31 December 1994
Mr. B. G. Duncan<1> |Dundee Port Authority | 1 September 1992-31 December 1994
Dr. A. K. Watkins |London Transport |-£100,000 pa | 1 October 1992-30 September 1997
Mr. M. J. Bealing |Ipswich Port Authority | 1 October 1992-30 June 1994
Mr. J. Stephenson<1> |Deputy Traffic Commissioner |-£172 per day | 1 October 1992-31 March 1994
Mr. R. W. A. Cake |Poole Harbour Commission | 1 November 1992-31 October 1995
<1> Reappointments.
Renumeration of port authority employees is a matter for the authorities themselves. It is not considered practicable or appropriate to list the many and varied qualifications of individual appointees, but my right hon. Friend will have satisfied himself as to their relevance before making the appointments.
M27
Mr. Denham : To ask the Secretary of State for Transport what progress has been made on his Department's study into the widening of the M27.
Mr. Kenneth Carlisle : Final decisions on the timing of an invitation to consultants to submit bids to undertake this commission have yet to be taken.
Dangerous Substances
Mr. Hinchliffe : To ask the Secretary of State for Transport (1) what level of consultation he has undertaken with representatives of emergency services and trades unions concerning European harmonisation governing labelling and safety codes of dangerous substances ;
(2) what response he has given to proposals for European harmonisation of United Kingdom hazchem regulations ;
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(3) what meetings he has had with emergency services' chief officers concerning EEC directives for harmonising current regulations governing the carriage of dangerous goods by road and rail ;(4) if he will make a statement on the implications of the new European agreement concerning the movement of dangerous substances ; (5) what response he has made to concerns expressed by the Fire Brigades Union regarding the replacement of the United Kingdom hazchem system with ADR ;
(6) if European harmonisation of hazchem will exclude current domestic safety codes and procedures for the protection of fire brigade personnel and the general public ;
(7) if ADR will be achieved without undermining the current system of labelling dangerous substances within the United Kingdom ; (8) if the introduction of ADR, as a replacement of the United Kingdom hazchem system, satifies current safety criteria for civilian evacuation ;
(9) what effect ADR introduction will have on risk minimisation within the operation of emergency services.
Mr. Kenneth Carlisle : There are no EC directives requiring the harmonisation of road and rail regulation for the transport of dangerous goods. However, our intention is that United Kingdom regulations for the domestic
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transport of dangerous goods by road will be harmonised with the European agreement concerning the international carriage of dangerous goods by road--ADR--from 1 January 1995. This should result in no lowering of existing safety standards. The regulations will be drafted by the Health and Safety Executive which will consult all interested parties.As a result of representations from the Fire Brigades Union and others, the United Kingdom is currently negotiating the inclusion of United Kingdom emergency action codes in the hazard warning panel requirements of ADR for road tankers carrying dangerous goods. These codes give an immediate indication to the emergency services of how they should react at the scene of an incident and whether evacuation of people nearby is advisable.
Travellers Charter
Ms. Mowlam : To ask the Secretary of State for Transport if, as part of his quality of service objectives, he will require the publication of the responses of all bodies consulted in the preparation of the travellers charter.
Mr. Freeman : The Central Transport Consultative Committee, the statutory consumer body which represents the users of British Rail services, were consulted in the course of the preparation of the passengers charter. Its comments on the charter are summarised in the committee's annual report for 1991-92, published on 4 August. A copy of the report has been placed in the Library.
Preserved Railways
Mr. Adley : To ask the Secretary of State for Transport if he will make a statement on the progress of his consultations concerning implementation of the Transport and Works Act 1992 in so far as they relate to preserved railways.
Mr. Freeman : We have consulted widely on all the rules, regulations and orders needed to implement part I of the Transport and Works Act. The many responses received, including those from the railway preservation movement, have been taken into account in finalising subordinate legislation.
Schedule 7 of the Applications and Objections Procedure Rules will set out the table of fees for applications for orders under part I. The proposed fees for transport projects, such as preserved railways, which do not involve the compulsory acquisition of land are : £750 where the area of the proposed works does not exceed 1 hectare ;
£750 plus £250 for each 0.5 hectares (or part thereof) in excess of 1 hectare.
LORD CHANCELLOR'S DEPARTMENT
Legal Aid
Ms. Mowlam : To ask the Parliamentary Secretary, Lord Chancellor's Department if, as part of his quality of service objectives, he will require the publication of all reports relating to the numbers of people eligible for legal aid commissioned since 1985 using public money.
Mr. John M. Taylor : Estimates of numbers of people eligible for civil legal aid were contained in the document
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"Review of Financial Conditions for Legal Aid : Eligibility for Civil Legal Aid : a Consultation Paper" which was issued in June 1991. There is no fixed upper financial eligibility limit for criminal legal aid.Asylum
Mr. Allen : To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the totals of individuals in each relevant category in the past year for which figures are available who have used their right to appeal against refusal in cases for which the Asylum and Immigration Appeals Bill would require a mandatory refusal.
Mr. John M. Taylor : The Immigration and Asylum Appeal Bill does not require mandatory refusal of any immigration-related applications. It follows that in the last year no appeals can have been lodged on any such refusals.
Clause 10 of the Bill removes the right of appeal in those cases where dismissal of the appeal is mandatory. No separate records are kept of such mandatory dismissals and details of such cases could only be obtained at disproportionate expense.
Clause 9 of the Bill, however, removes existing rights of appeal against refusal of entry clearance in the case of visitors, short-term and prospective students and their dependents. In the year ending 30 September 1992 there were a total of 12,643 appeals registered against refusal of entry clearance for temporary purposes of all kinds except those by husbands, wives and finance (e)s. No breakdown is made of the types of appeal falling within this category, but by applying proportions obtained from a sample of cases approximately 9,607 visit visa and 1,712 student visa appeals were included in the total.
Criminal Justice Act 1991
Mr. Michael : To ask the Parliamentary Secretary, Lord Chancellor's Department what guidance the Judicial Studies Board will be offering to judges and magistrates on the interpretation of sections 1, 2 and 3 of the Criminal Justice Act 1991.
Mr. John M. Taylor : The Judicial Studies Board has already issued guidance on the Criminal Justice Act 1991 to both the professional and the lay judiciary. Judges of the Court of Appeal and the High Court were given a briefing in the Lord Chief Justice's court. Judges, recorders and assistant recorders sitting in Crown courts received an 81-page guide to the sentencing provisions of the Act as part of the "Crown Court Bench Book on Sentencing" and attended conferences at which there were lectures and discussion on the Act. The board produced an 18-page introduction to the Act and a copy of this document was sent to each magistrate. A comprehensive training pack was also produced to assist those, usually the justices clerks, who train the magistrates.
Duress
Mr. Alex Carlile : To ask the Parliamentary Secretary, Lord Chancellor's Department what proposals he has for reforming the law relating to the defence of duress in criminal cases ; and if he will make a statement.
Mr. Jack : I have been asked to reply.
We have no proposals for reforming this area of the criminal law.
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PRIME MINISTER
Engagements
Sir Peter Tapsell : To ask the Prime Minister if he will list his official engagements for Thursday 29 October.
Mr. Harry Greenway : To ask the Prime Minister if he will list his official engagements for Thursday 29 October.
The Prime Minister : This morning I presided at a meeting of the Cabinet and had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall be having further meetings later today.
HOME DEPARTMENT
Police Cells
Mr. Tony Lloyd : To ask the Secretary of State for the Home Department (1) how many convicted prisoners and how many remand prisoners are currently being held in police cells in England ; and how many of these are in the north-west region ;
(2) what steps he is taking to ease the problem arising from holding convicted and remand prisoners in police cells ; and when he expects a reduction in the numbers of such prisoners ;
(3) what steps he has taken to alleviate problems caused to families and legal representatives in gaining access to prisoners held in police cells ; and if he will make a statement.
Mr. Peter Lloyd : On 26 October, the latest date for which figures are available, there were 497 prisoners in police cells in England. Of these 346 were in police cells in the north-west, as shown in the table.
Police force |Number of prisoners
|in police cells on
|26 October 1992
------------------------------------------------------------
Cheshire |1
Cumbria |1
Greater Manchester |233
Lancashire |37
Merseyshire |74
|---
Total |346
Information collected centrally does not differentiate between remand and conviceted prisoners, but surveys have confirmed that most such prisoners are on remand. There has been a very substantial reduction in the number of prisoners being held in police cells. On 31 March, 1,882 prisoners were held in this way in England and Wales as a whole. The total number on 26 October was 524. A new joint initiative involving close co-operation between the police and prison service management has proven to be very
effective in achieving reductions in police cell use against a background of a fall in the total population in custody.
The police are aware of the importance of legal and family visits for prisoners in police cells. The vast majority of legal visits take place without difficulty, although practical constraints may arise at individual police stations from time to time. Liaison prison governors are available to advise the police. Facilities for family visits at some police stations are limited, and there may also be special
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security considerations which have to be taken into account. Guidance to the police provides that preference should be given to unconvicted prisoners to receive visits more frequently than convicted prisoners if a choice has to be made.Domestic Violence
Mr. Cohen : To ask the Secretary of State for the Home Department if, following the retrial and subsequent release of Kiranjit Ahluwalia, he will arrange for a similar process to apply in the cases of women victims of domestic violence currently in prison for killing their partner ; and if he will make a statement.
Mr. Jack : I understand that Mrs. Ahluwalia was released following a retrial ordered by the Court of Appeal as a result of her original appeal to that court.
My right hon. and learned Friend had no involvement with any of these proceedings. He is always ready to consider representations that in a particular case there has been a miscarriage of justice, and to take such action as may be appropriate including, where something new appears to touch the safety of a conviction, using his power under section 17(1) (a) of the Criminal Appeal Act 1968 to refer a case to the Court of Appeal ; but he has no plans to initiate a general review of the cases of women who have been imprisoned after conviction for the murder of their partner.
Animal Experiments
Ms. Walley : To ask the Secretary of State for the Home Department (1) if he will apply the code of practice for the Housing and Care of Animals (Scientific Procedures) Act 1986 to breeding establishments ;
(2) if he will bring forward proposals for stricter controls of the standards for the housing and care of animals in breeding, supply and research establishments.
Mr. Charles Wardle : We have no current plans for amending the Home Office code of practice for the housing and care of animals used in scientific procedures or for applying the code as it stands to breeding and supplying establishments. However, we are considering whether the guidelines issued by the Laboratory Animal Breeders Association, currently used by the Home Office inspectorate in respect of breeding and supplying establishments should, updated as necessary, be given a more formal basis in the context of the operation of the 1986 Act.
Immigration Appeals
Mr. Allen : To ask the Secretary of State for the Home Department (1) if he will list the rights of appeal which apply to visitors, settlers and asylum seekers to the United Kingdom and other categories of applicant ; and what information he has on the comparable provisions in each EC country ;
(2) if he will list the current rights of appeal which apply to visitors, settlers, asylum seekers and other immigration and nationality department categories ; and what changes he proposes.
Mr. Charles Wardle : Part II of the Immigration Act 1971 confers rights of appeal against virtually all categories of adverse immigration decisions. The main
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rights of appeal which apply to visitors and persons seeking to settle in the United Kingdom are against refusal of an entry clearance at a British post abroad ; refusal of leave to enter at a United Kingdom port--a person refused leave to enter is not entitled to appeal until he has left the United Kingdom unless he holds a current entry clearance or work permit--and refusal to vary a person's limited leave in the United Kingdom--provided that the application was made during the currency of the limited leave. The rights of appeal available to asylum seekers currently depend on their immigration status at the time of their application.The Asylum and Immigration Appeals Bill contains provisions that would give unsuccessful asylum seekers specific new rights of appeal to a special adjudicator, exercisable while in the United Kingdom. The Bill also provides that persons seeking entry as visitors, students enrolled on courses of six months or less, and prospective students would no longer be entitled to appeal against a refusal of entry clearance, or against the refusal of leave to enter if they do not hold an entry clearance ; and that persons refused entry clearance, leave to enter or a variation of leave on the grounds that they do not meet certain mandatory requirements of the immigration rules would also no longer be entitled to appeal.
The Bill does not affect the rights of appeal of persons refused entry clearance for settlement, or in categories leading to settlement ; of persons refused leave to enter when in possession of an entry clearance or work permit ; or of illegal entrants or persons subject to deportation decisions.
Rights of appeal in other member states of the European Community are a matter for the Governments concerned. I understand, however, that no other member state has a specialised system of immigration appeals.
Correspondence
Ms. Ruddock : To ask the Secretary of State for the Home Department whether Mr. Aame-Diga Aakpa's file has been located ; and when the hon. Member for Lewisham, Deptford can expect to receive a reply to her letter of 8 October 1991.
Mr. Charles Wardle : Mr. Aakpa's file has not yet been located. I shall write to the hon. Member as soon as it is possible to take a decision.
DNA
Mr. Cohen : To ask the Secretary of State for the Home Department whether he will introduce legislation to give a DNA profile the same status as a fingerprint for the purpose of the Police and Criminal Evidence Act 1984 ; and what response he intends to make to the comments made by the registrar in his annual report on DNA profiles.
Mr. Charles Wardle : The Royal Commission on criminal justice has been asked to examine the issues surrounding the collection, storage and use of DNA material obtained by the police during the course of an investigation. My right hon. and learned Friend will consider the need for legislation in the light of the royal commission's recommendations.
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The retention of DNA profiles for research purposes by the Metropolitan police, which the Data Protection Registrar refers to in his report, is a matter for the Commissioner.Primary Purpose Rule
Mr. Vaz : To ask the Secretary of State for the Home Department, pursuant to his answer of 30 June, Official Report, column 524, to the hon. Member for Bradford, West (Mr. Madden), how many spouses have been admitted to the United Kingdom under the primary purpose rule.
Mr. Charles Wardle : The available information is the number of persons accepted for settlement as a spouse under the immigration rules, given in table 3 of the Home Office statistical bulletin issue 29/92 "Control of Immigration : Statistics--First and Second Quarters 1992", a copy of which is in the Library.
Drug Prevention Initiative
Mr. Michael : To ask the Secretary of state for the Home Department if he will make it his policy to draw on the successful elements of the 20 drug prevention projects currently sponsored by his Department under the drug prevention initiative in order to make adequate provision of such services in each town and city in England and Wales which has a drugs problem.
Mr. Jack : The work of the 20 local drugs prevention teams and of the central drugs prevention unit is being evaluated. Given the innovative nature of this work, it is at present too early to consider a possible broadening of the drugs prevention initiative.
Probation Committees
Mr. Michael : To ask the Secretary of State for the Home Department what additional resources his Department has provided for the probation service in England and Wales and to each probation committee to meet the costs of new responsibilities under the Criminal Justice Act 1991.
Mr. Jack : The Home Office annual report published in February set out the actual and projected resources for the Probation Service in England and Wales as follows :
|1990-91|1991-92|1992-93|1993-94|1994-95
(actual)
-----------------------------------------------------------------------
Central Government
support (£ million) |228 |272 |290 |314 |338
Total staff provision |12,851 |13,641 |14,234 |14,713 |15,100
Resources, which are now subject to cash limits, are allocated to the 55 individual probation areas through an agreed formula and the overall increase of 25.7 per cent. for 1992-93, compared with 1990-91 outturn, was not spread evenly because the allocation formula adjusted the proportion of national provision allocated to each area according to objective indicators of need and work load. The lowest increase was 20.8 per cent. while the highest was 30.3 per cent.
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Prisoners (Licences)
Mr. Michael : To ask the Secretary of State for the Home Department how many additional prisoners will be supervised on licence as a result of changes contained in the Criminal Justice Act 1991.
Mr. Jack : We are expecting a gradual build-up of cases as offenders are sentenced and released from prisons under the Act and a corresponding decrease in the numbers released under the former parole arrangements. Current best estimates are that when the transitional period comes to an end in 1996, some 5,500 more ex-prisoners will be supervised on licence. Extra probation officer resources have been provided to allow for the increased caseload and to enable longer and more intense periods of supervision with offenders on licence. The numbers under voluntary supervision are expected to fall sharply.
Voting
Mr. Hinchliffe : To ask the Secretary of State for the Home Department (1) if he will conduct a national survey into the accessibility of polling stations to disabled people with the aim of identifying problems which they encounter ;
(2) if he will take steps to ensure that all electors who wish to vote at their polling stations have the ability to do so.
Mr. Peter Lloyd : A national survey would not be a good use of our resources in this area, which are better directed towards providing financial support. Councils have a statutory obligation to designate as polling places, wherever practicable, only places which are accessible to disabled people. We have provided guidance for returning officers to remind them of their obligations, and shall continue to do so. It is our long-term aim that all polling stations should be accessible to disabled electors but, where it is not possible to use a building affording easy access, we make grants available towards the cost of providing temporary ramps.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department what local government funding is earmarked for the implementation of the Representation of the People Act 1983 towards disabled persons access to the voting system.
Mr. Peter Lloyd : Details of local authority spending on access for the disabled to the electoral process are not held centrally and could be obtained only at disproportionate cost.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department what assessment has been undertaken to identify the number of disabled people who failed to vote in the 1992 general election ; and if he will conduct an inquiry into potential obstructions presented to the disabled at polling stations and by alternative voting methods.
Mr. Peter Lloyd : Information on the number of electors who are disabled is not collected centrally. We are conducting a full review of electoral law and practice in the light of experience at the general election in April. That review will include all aspects of access for disabled people to the electoral process.
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Mr. Hinchliffe : To ask the Secretary of State for the Home Department (1) what plans he has to review the postal vote system ; (2) if he will simplify postal vote application forms and review the timetable for postal voting.
Mr. Peter Lloyd : A full review of all aspects of postal voting procedures is being conducted in the light of experience at the general election. We have held preliminary meetings with the political parties and the local authority associations. A working group of Home Office officials and local authority representatives to look at absent voting arrangements will begin work shortly. Another working group will look at forms.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department how he will ensure that disabled voters have equal privacy to able-bodied voters when exercising their right to vote at polling stations.
Mr. Peter Lloyd : Returning officers are required to provide each polling station with a sufficient number of compartments in which electors can vote screened from observation. A number of manufacturers provide compartments or polling screens which are suitable for people in wheelchairs. We provide 80 per cent. grants towards the purchase of special polling screens.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department what expenditure was devoted to publicising the right of elderly and disabled people to obtain a postal or proxy vote, during the last available financial year.
Mr. Peter Lloyd : We spent £11,210 in 1991-92 on a poster and leaflet campaign to let elderly and disabled people know about their right to an absent vote. In the period leading up to the general election we also spent about £1.5 million on television and newspaper advertising to tell people how to obtain an absent vote.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department how many disabled people are reliant on the postal vote system.
Mr. Peter Lloyd : Information on the number of disabled people on the postal voters list is not collected centrally.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department how many electors, in the 1992 general election, voted by postal vote ; and how many persons lost their vote due to late return of ballot papers.
Mr. Peter Lloyd : Information on the number of people voting by post will be published in the "Return of the Expenses of each Candidate at the General Election" later this year. Information on the number of postal ballot papers returned after the close of the poll is not collected centrally.
Mr. Hinchliffe : To ask the Secretary of State for the Home Department how the number of disabled persons voting at national and local elections has altered since the 1979 general election.
Mr. Peter Lloyd : Information on the number of disabled people voting at national and local government elections is not collected centrally.
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