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Written Answers to Questions

Thursday 21 January 1993

ATTORNEY-GENERAL

Uncorroborated Confessions

Mr. Mullin : To ask the Attorney-General if the Northern Ireland Director of Public Prosecutions intends to continue proceedings on the basis of evidence consisting wholly or mainly of uncorroborated confessions in police custody.

The Attorney-General : In Northern Ireland, as in England and Wales, there is no general requirement in law that a confession requires to be corroborated before reliance can be placed upon it. In cases where the evidence consists wholly or mainly of an uncorroborated admission or confession made in police custody, the director has regard to all the available facts and circumstances surrounding the making of such an admission or confession. Where the Director is satisfied that there is a reasonable prospect of the admission or confession being admitted in evidence and reliance being placed upon it, and that that evidence is sufficient to provide a reasonable prospect of obtaining a conviction, prosecution is directed or continued if the public interest so requires.

Public Interest Immunity Certificates

Mr. Allason : To ask the Attorney-General how many public interest immunity certificates have been issued in criminal trials (a) since 1987 and (b) since 1990.

The Attorney-General : The information requested by the hon. Member is not collected centrally either by Government or individual prosecuting authorities. My answer is therefore confined to the three prosecuting authorities for which I have ministerial responsibility and is based on inquiries made of those officials likely to have the requisite knowledge. The number of cases so identified is as follows :


        |CPS    |SFO    |DPP(NI)        

----------------------------------------

1987    |1      |-      |-              

1988    |-      |-      |-              

1989    |3      |1      |-              

1990    |1      |1      |-              

1991    |-      |1      |-              

1992    |2      |-      |1              

FOREIGN AND COMMONWEALTH AFFAIRS

Romania

Mr. Flynn : To ask the Secretary of State for Foreign and Commonwealth Affairs what proposals he has for improving relations between the United Kingdom and Romania.


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Mr. Douglas Hogg : We look forward to developing our relations with the new Government of Romania. My brief visit in December was a valuable first step.

We shall continue to assist Romania's programme of economic and political reform, primarily through the know-how fund. We are currently considering with the Romanian authorities significant new know-how fund-supported projects in the areas of agriculture and privatisation. The reinstatement of a measure of ECGD medium-term cover demonstrates our determination to encourage British companies to compete strongly in the market.

The forthcoming signing of the EC association agreement with Romania will contribute to the strengthening of Romania's relationship with the Community and its member states.

HOME DEPARTMENT

IRA Terrorists

Mr. Fabricant : To ask the Secretary of State for the Home Department if he will make a statement on the effectiveness of controls on the movement of IRA activists to the British mainland.

Mr. Kenneth Clarke : The port checks conducted under schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 continue to represent a valuable means of controlling the movement of terrorists.

Gloucestershire Police

Mr. Nigel Jones : To ask the Secretary of State for the Home Department what plans he has to allow the chief constable of Gloucestershire constabulary to bring police staffing in the urban areas of Cheltenham and Gloucester city into line with neighbouring counties ; and if he will make a statement.

Mr. Charles Wardle : Deployment of police officers is a matter for the chief constable.

Tyre Dumps

Mr. Cryer : To ask the Secretary of State for the Home Department if he will list the tyre dumps notified to his office by fire authorities which provide cover to standards required by his Department ; and if he will make a statement.

Mr. Peter Lloyd : Tyre dumps are notified to the Home Office. Fire authorities are required to be able to deal with all normal requirements, and brigades know the measures which are required to deal with the operational and environmental problems associated with tyre dump and other rubber-based fires.

Police Budgets

Mr. Nigel Jones : To ask the Secretary of State for the Home Department if he will list for each police authority, the standard spending assessment, the actual spending, the police establishment based on SSA and the actual establishment for the last year for which figures are available.


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Mr. Charles Wardle : Information for 1991-92 on standard spending assessments, expenditure and force establishments is given in the table. Police establishments are not based on SSAs.

The table excludes Welsh forces, because no separate police component is identified in SSAs for Welsh county councils.


Police Authority   |Police SSA 1991-92|Outturn Expend    |Authorised                           

                                                         |Establishment                        

                   |(£ million)       |(£ million)       |31 March 1992                        

-----------------------------------------------------------------------------------------------

Avon and Somerset  |55.443            |111.509           |3,085                                

Bedfordshire       |20.238            |39.148            |1,117                                

Cambridgeshire     |21.691            |47.116            |1,231                                

Cheshire           |33.986            |66.960            |1,900                                

City of London     |20.639            |40.820            |798                                  

Cleveland          |27.037            |54.802            |1,502                                

Cumbria            |21.151            |45.080            |1,183                                

Derbyshire         |32.276            |66.048            |1,825                                

Devon and Cornwall |51.536            |117.436           |2,880                                

Dorset             |22.879            |52.006            |1,287                                

Durham             |24.751            |48.589            |1,389                                

Essex              |54.851            |115.540           |2,892                                

Gloucestershire    |20.953            |44.611            |1,183                                

Greater Manchester |115.636           |248.807           |7,057                                

Hampshire          |59.904            |124.970           |3,202                                

Hertfordshire      |32.973            |62.868            |1,680                                

Humberside         |36.128            |77.396            |2,025                                

Kent               |57.435            |128.734           |3,054                                

Lancashire         |57.873            |122.019           |3,225                                

Leicestershire     |32.636            |67.196            |1,827                                

Lincolnshire       |21.547            |47.235            |1,206                                

Merseyside         |84.622            |178.884           |4,706                                

Metropolitan       |547.984           |1,339.605         |28,391                               

Norfolk            |25.345            |54.100            |1,421                                

Northamptonshire   |20.539            |45.499            |1,167                                

Northumbria        |63.939            |132.826           |3,586                                

North Yorkshire    |25.345            |51.679            |1,414                                

Nottinghamshire    |42.194            |82.629            |2,344                                

South Yorkshire    |53.967            |103.166           |3,016                                

Staffordshire      |39.638            |82.163            |2,211                                

Suffolk            |21.673            |48.069            |1,216                                

Surrey             |33.255            |63.421            |1,670                                

Sussex             |56.093            |106.178           |2,982                                

Thames Valley      |70.893            |149.414           |3,725                                

Warwickshire       |18.451            |39.842            |1,016                                

West Mercia        |36.415            |77.230            |2,024                                

West Midlands      |124.080           |250.816           |6,958                                

West Yorkshire     |95.027            |197.226           |5,295                                

Wiltshire          |21.115            |46.215            |1,114                                

Correspondence

Ms. Ruddock : To ask the Secretary of State for the Home Department when he expects to respond to the letter of 2 December 1992 from the hon. Member for Lewisham, Deptford regarding prison education.

Mr. Peter Lloyd : I wrote to the hon. Member on 20 January.

Mr. Winnick : To ask the Secretary of State for the Home Department when the hon. Member for Walsall, North will receive a reply to his letter of 16 November (HO ref. No. 23833/98) concerning an application for United Kingdom citizenship.

Mr. Charles Wardle [holding answer 11 January 1993] : I wrote to the hon. Member on 14 December.


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HMP Blakenhurst

Ms. Ruddock : To ask the Secretary of State for the Home Department when he expects HMP Blakenhurst to open ; and if he will make a statement.

Mr. Peter Lloyd : The contractor's proposals envisaged a six-month start-up period from contract signature on 3 December, but he is striving to open the prison earlier.

HMP Manchester

Ms. Ruddock : To ask the Secretary of State for the Home Department if he will make a statement on the application of the Transfer of Undertakings (Protection of Employment) Regulations to the proposed market- testing of HMP Manchester.

Mr. Peter Lloyd : Legal advice is that TUPE would apply if a private sector company won the contract for operating HMP Manchester. We are currently considering the implications for both staff and the tendering exercise.

Fines

Mr. John Marshall : To ask the Secretary of State for the Home Department (1) if he will list the crimes for which the maximum fine is determined by statute ; and what is the level of the maximum in each case ;

(2) if he will list the crimes for which the maximum penalty is £50,000 or over.

Mr. Jack : There is no upper limit on the fine that the Crown court can impose for any offence triable on indictment for which the option of a fine is provided by statute.

The maximum fine which a magistrates court can impose is limited according to the offence committed. Where an offence is triable either in the magistrates court or on indictment the maximum fine is usually £5,000- -the maximum fine normally available to magistrates. For summary offences, the maximum fine is specified in statute. In recent legislation, maximum fines are expressed as a level on the standard scale. The current values of these levels are : level 1, £200 ; level 2, £500 ; level 3, £1,000 ; level 4, £2,500 ; and level 5, £5,000.

Exceptionally, for a small number of offences, magistrates have the power to impose fines in excess of £5,000 : the usual maximum for such offences is either £20,000 or £50,000 depending on the offence. A comprehensive list of offences that fall into the above categories is not readily available and could be compiled only at disproportionate cost.

Wolds Centre

Ms. Ruddock : To ask the Secretary of State for the Home Department if he will list all the incidents and disturbances which have occurred at the Wolds centre since 1 December 1992 ; and if he will order an inquiry.

Mr. Peter Lloyd : Twenty incidents at Wolds remand prison were reported to the incident management support unit at Prison Service headquarters between 1 December 1992 and 18 January 1993. Details are given in the table. The Home Office controller based at Wolds monitors the contractor's performance and provides full and regular reports. None of the reported incidents would merit a separate inquiry.


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2 December 1992 :

Two prisoners who had been hand-cuffed together attempted to run away as they left the cellular vehicle to enter Doncaster Magistrates Court. They were unsuccessful.

8 December 1992 :

Cannabis was found in a prisoner's cell during a cell search. 11 December 1992 :

After being located in the Segregation Unit a prisoner smashed the sink in his cell. The prisoner threw a piece of piping from the sink at a Custody Officer which hit his knee causing bruising and a cut which was treated in the Health Care Centre.

16 December 1992 :

A prisoner was strip-searched after a visit and found to be in possession of cannabis.

17 December 1992 :

A prisoner assaulted another prisoner by striking him with his fists causing bleeding to the nose and bruising.

18 December 1992 :

A prisoner claims that he was assaulted while seated watching TV. He cannot identify his assailant. The prisoner had recently been taken off Rule 43 at his own request.

20 December 1992 :

A prisoner assaulted the Segregation Unit Supervisor while cleaning out his cell. The weapon used was a mop handle. The supervisor had bruises to his forearm.

21 December 1992 :

(1) A prisoner punched another prisoner following a disagreement in the gymnasium.

(2) While searching visitors prior to allowing them into the prison a PCO observed a piece of cannabis apparently fallen from a visitor's pocket when removing items from his trousers.

23 December 1992 :

A prisoner began kicking his door for attention. When it was opened up he assaulted a supervisor by punching him in the face and ribs. 25 December 1992 :

A prisoner was found in possession of a quantity of tablets not prescribed for him. Search took place after social visits. He became violent on discovery and control and restraint techniques were used to remove him to the segregation unit. Tablets were identified as Temazepam (sleeping tablets).

28 December 1992 :

Following information received a search took place between the area from the main exercise yard and the segregation unit where a quantity of cannabis and four valium tablets were found in a sock which had been weighted with an orange. It is believed that this had been thrown from the exercise yard in an attempt to land it in the segregation unit exercise yard.

31 December 1992 :

When in visits a prisoner three chairs and smashed a fish tank, then produced a wood stick with a nail in the end and assaulted the Duty Security Manager. The DSM was taken to outside hospital for his hand to be X-rayed, but apparently sustained no lasting injury. 1 January 1993 :

Prisoners had been given an extension to 0015 hours on 1 January to see in the New Year. 16 Prisoners in F Unit refused to return to their cells and barricaded themselves in the TV room. Prisoners eventually returned to their cells at 0715 hours.

2 January 1993 :

(1) A prisoner assaulted another prisoner by striking him with his fist.


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(2) A prisoner was assaulted by other prisoners, assailants unknown. Prisoner sustained head injuries. Police were contacted but do not wish to proceed.

4 January 1993 :

On arrival at Sheffield Crown Court a prisoner had to be removed from the cellular vehicle. During his removal he assaulted one officer and bit the hand of another officer. No lasting injuries to officers.

7 January 1993 :

A prisoner who was the subject of a strip search after visits was found to be in possession of two syringes in his footwear. 13 January 1993 :

(1) A prisoner assaulted an officer by grabbing his throat and attempting to kick him. No lasting injury to officer sustained. (2) A prisoner had been unlocked to use the bathroom. He refused to return to his cell. He spat at, head-butted and scratched an officer. No lasting injuries to the officer sustained.

Juvenile Offenders

Mr. Tipping : To ask the Secretary of State for the Home Department what discussions he has had about introducing new legislation to deal with juvenile offenders ; and if he will make a statement.

Mr. Jack : We have had a number of discussions with a wide range of individuals and organisations which have concerned, among other things, the scale of juvenile offending and what might be done about it. For the second part of his question, I refer the hon. Member to the anwer which I gave to the hon. Member for Roxburgh and Berwickshire (Mr. Kirkwood) on 14 January, at column 794.

Bosnian Refugees

Mr. Allen : To ask the Secretary of State for the Home Department (1) what advice has been given to local authorities and health authorities regarding co-ordination of services for arriving Bosnian refugees ; and what additional finance has been allocated to help them cope with the added burden ;

(2) how many Bosnian refugees, either in this country already or expected to arrive in the next six months, have long-term accommodation provided for them ;

(3) what agency is taking responsibility for the allocation of Bosnian refugees to communities in the United Kingdom ; and how this process is to be financed.

Mr. Charles Wardle : The Refugee Council is taking the lead in arranging accommodation in the community for the Bosnian ex-detainees and their families which the Government have agreed to accept at the request of the United Nations High Commissioner for Refugees. It is receiving funds from the Home Office for this purpose. The accommodation will be financed through housing benefit payments. Discussions have been held with the local authority associations, the Housing Corporation and the National Federation of Housing Associations with a view to identifying possible suitable clusters of accommodation in various areas of the country where there is a voluntary organisation support network. No accommodation has as yet been provided under these arrangements, although we understand that some of the Bosnians have left the reception centres to join relatives or friends already living here.


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The Government have no plans to provide additional resources to local authorities, but will be funding the Refugee Council to give advice and support to the Bosnians when they move into the community from the reception centres.

The Refugee Council and the British Red Cross are in touch with local health services in the areas where the reception centres are located about possible needs. The Department of Health is considering whether any further advice to health authorities is necessary.

Prisons (HIV)

Mr. Hawksley : To ask the Secretary of State for the Home Department what change in instructions has been given to governors of prisons concerning advising their staff as to which inmates are infected with the HIV/AIDS virus.

Mr. Peter Lloyd : The last general instruction to governors was contained in circular instruction 30/1991 which was issued in November 1991. The recommended practice is that information about HIV status obtained in a clinical context should be available only to staff with responsibility for the prisoner's health care unless the prisoner consents to wider disclosure in his or her own interest or, exceptionally, such disclosure is deemed necessary to prevent the spread of infection.

New Age Travellers

Mr. Clifton-Brown : To ask the Secretary of State for the Home Department (1) if he will now make a statement of the Government's detailed intentions to implement the measures to tackle problems caused by new age travellers announced by him in October ; (2) what conclusions he has reached from his consultations with chief officers of police and others on the desirability of amending section 39 of the Public Order Act 1986.

Mr. Charles Wardle : My right hon. and learned Friend is currently considering proposals, including changes to the law, for tackling the problems presented by new age travellers and "ravers" and will make an announcement shortly.

Immigration

Mr. Jon Owen Jones : To ask the Secretary of State for the Home Department how many clearance visas were granted to (a) women and (b) men for the purposes of joining a fiance (e) or spouse in 1992.

Mr. Charles Wardle : Data on entry clearance applications and decisions by category of applicant are only available centrally for the Indian sub-continent. The data that are available for 1992 are given in the table.


Applications granted<1> for entry clearance to the    

United Kingdom by                                     

whether Spouse or Fiance(e) in the Indian             

sub-continent 1992                                    

Number of applicants                                  

          Applications                                

          granted                                     

Period   |Wives   |Fiancees|Husbands|Fiances          

------------------------------------------------------

1992                                                  

Q1       |1,553   |108     |513     |69               

Q2       |1,195   |76      |668     |56               

Q3       |1,287   |83      |1,376   |57               

Q4       |n/a     |n/a     |n/a     |n/a              

n/a not yet available.                                

<1> Granted initially or on appeal.                   

Car Insurance

Mr. Mills : To ask the Secretary of State for the Home Department if he will bring forward proposals for legislation to provide higher penalties for those car owners who do not have valid car insurance.

Mr. Jack : The existing maximum penalty for using a motor vehicle while uninsured against third party risks is a fine of £5,000 together with an obligatory endorsement of the driving licence with six to eight penalty points and a period of disqualification from driving with no upper limit, at the court's discretion. We have no plans to change these provisions which allows courts to impose sentences which reflect the culpability of those who commit this offence.

Disclosure of Convictions

Mr. Mills : To ask the Secretary of State for the Home Department what representations he has received from magistrates on the effect of the changes on the non-disclosure of previous convictions introduced by the Criminal Justice Act 1991 ; and if he will make a statement.

Mr. Jack : There is nothing in the Criminal Justice Act 1991 that prevents the disclosure of previous convictions to a court which has convicted an individual of a particular offence ; and the Court of Appeal has recently made it clear that it is appropriate for courts to continue to receive antecedent information in the same way as they did before the principal provisions of the Act came into force on 1 October 1992. A number of representations have been received, including some from individual magistrates, about section 29 of the Act which deals with the relevance of previous convictions to the current offence. These matters have recently been clarified in a series of guideline judgments from the Court of Appeal.

Firearms

Mr. Cummings : To ask the Secretary of State for the Home Department how many licensed firearms are in private ownership within the Peterlee sub -division ; and what were the numbers for each year since 1988.

Mr. Charles Wardle : Information received from the Durham constabulary indicates that a total of 1,315 firearms were covered by certificates in force on 15 January 1993 in the Peterlee sub-division--200 firearms, which includes rifles, pistols, large magazine smooth bore guns and specially dangerous air weapons, and 1, 115 shotguns.

Information for earlier years is not available.

Public Houses (Licensing)

Mr. Luff : To ask the Secretary of State for the Home Department what progress has been made into the review of the licensing system of public houses, announced by the then Chancellor of the Duchy of Lancaster on 10 July 1989 in his statement on the Monopolies and Mergers Commission on the supply of beer ; and if he will make a statement.

Mr. Charles Wardle : We hope shortly to publish a consultation document inviting comments on a number of


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proposals for changes to the liquor licensing law of England and Wales, including possible reform of those aspects of the licensing system referred to in the statement made in July 1989.

Channel Islands (Wartime Occupation)

Mr. Wareing : To ask the Secretary of State for the Home Department what action he plans to take to bring to justice those British citizens who collaborated with the Nazi occupiers of the Channel Islands during the second world war in rounding up Jewish and other people for deportation to concentration camps ; and if he will make a statement.

Mr. Jack [holding answer 14 January 1993] : The Channel Islands are not part of the United Kingdom, but internally self-governing dependencies of the Crown with their own judicial systems. It is for the islands authorites to consider whether offences under their laws have been committed and to act accordingly.

If evidence is forthcoming of conduct in the Channel Islands during the period of German occupation constituting an offence justiciable in the United Kingdom but not in the Channel Islands themselves, that will be referred to the prosecuting authorities here.

TRADE AND INDUSTRY

Saudi Arabia (Military Equipment)

Mr. Llew Smith : To ask the President of the Board of Trade what discussions he had during his recent visit to Saudia Arabia on the opportunities for the sale of United Kingdom manufactured military equipment to Saudi Arabia.

Mr. Heseltine : I had no such discussions.

Coal Stocks

Mr. Sproat : To ask the President of the Board of Trade what powers he has to set a strategic stock of coal ; and what factors he takes into account in setting this level.

Mr. Eggar : My right hon. Friend has exercised the powers under section 34 of the Electricity Act 1989 to direct National Power and PowerGen to hold stocks of coal at power stations against interruptions in coal supplies. In determining the appropriate level of stocks, my right hon. Friend takes into account such matters as the diversity of fuels available for generation and the possible threat to supplies which may arise from one or a combination of factors.

Mr. Sproat : To ask the President of the Board of Trade what information he has on the total level and value of coal stocks held at power stations.


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