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Written Answers to Questions
Thursday 20 May 1993
DUCHY OF LANCASTER
Scientific Research (Russia)
Mr. Llew Smith : To ask the Chancellor of the Duchy of Lancaster what assistance the United Kingdom has offered the Russian Scientific Research Institute of Organic Chemistry and Technology in Moscow.
Mr. Waldegrave : British scientists have long had contacts with scientists at the Institute of Organic Chemistry in Moscow, which comes under the Russian Academy of Sciences department of general and technical chemistry. These contacts have developed through assistance for Russian science funded by the Office of Science and Technology and administered through the Royal Society. As an example, Dr. Rakitin of the Moscow institute was awarded a three-month Kapitza fellowship beginning in November 1992 at the department of chemistry, Imperial college, London, in order to initiate United Kingdom/Russia collaboration in the synthesis and chemistry of heterocyclic systems of great importance to the fine chemicals industry.
LORD CHANCELLOR'S DEPARTMENT
Mediation
Mr. Michael : To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the percentage of cases in which mediation leads to an outcome which is more satisfactory to those involved than that of a confrontation in court.
Mr. John M. Taylor : The Lord Chancellor has welcomed the growth of private mediation services and he is considering ways in which such services can contribute to his aims of reducing cost, complexity and delay in civil litigation. It is important that alternative methods of dispute resolution, whether inside or outside the court, provide scope to tailor procedures more closely to the needs of disputants. Work at this stage is concentrating on defining these differing needs, rather than attempting to assess accurately disputants' "satisfaction".
Mr. Michael : To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the effect of local community mediation services on reducing (a) the cost of legal aid and (b) time spent in court.
Mr. John M. Taylor : Any alternative methods of resolving disputes which are more economical for the taxpayer, while being speedier and simpler to use by parties to a dispute, would be welcomed. The effect of the introduction of a new system of dispute resolution on the cost of legal aid is something that would have to be considered when developing and implementing a new
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scheme. As many of the disputes referred to community mediation would not, otherwise, have reached the courts, it is not possible to assess reliably the effect on court time of such services.ATTORNEY-GENERAL
Falklands
Dr. David Clark : To ask the Attorney-General, pursuant to the answer of the Secretary of State for Defence of 29 March, Official Report, columns 15-16, if he will make a statement on the current state of his consideration of the conduct of British troops in the Falklands in 1992.
The Attorney-General : The investigation referred to by my right hon. and learned Friend the Secretary of State for Defence on 29 March 1993 is continuing. The Director of Public Prosecutions will consider what action, if any, is appropriate once the investigation is completed.
TRANSPORT
Data Protection
Mr. Cohen : To ask the Secretary of State for Transport to what investigations his Department has been subject by the Data Protection Registrar in relation to a suspected breach of a data protection principle ; if he will summarise the nature of each complaint and state when the complaint was made ; and what remedial action was taken by his Department to ensure future compliance with the principle subject to the investigation.
Mr. Norris : In response to this question, my Department (including its agencies) has obtained information from the Office of the Data Protection Registrar as follows :
a total of 40 complaints have been received.
these complaints are categorised in the Annex according to the Principles set out in the Registrar's Guideline No. 4 booklet. None has led to a request from the Registrar for any remedial action.
In the time available, the additional information requested could be provided only at disproportionate expense.
Sustainable Development Report
Ms Walley : To ask the Secretary of State for Transport what steps he is taking and what instructions he has given to prepare a draft paper as a basis for his Department's contribution to the sustainable development report.
Mr. MacGregor : Preparation of the sustainable development report is being co-ordinated by my right hon. Friend the Secretary of State for the Environment. My officials are currently discussing with the Department of the Environment the format of a consultation paper, which we hope will focus public debate about the preparation of a United Kingdom sustainable development plan.
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Rail Freight
Mr. Haselhurst : To ask the Secretary of State for Transport if he will make a statement on his proposals for the privatisation of the British Railways Board's freight businesses.
Mr. MacGregor : I have today published a document, "Rail Freight Privatisation--The Government's Proposals", which sets out the Government's plans to restructure British Rail's existing freight businesses for privatisation. Copies have been placed in the Libraries of both Houses and in the Vote Office.
The key proposals are : to split British Rail's existing trainload businesses into three geographical companies for transfer to private sector ownership ; to establish the channel tunnel freight business on a sound commercial footing with the aim of privatisation as soon as possible ; to invite proposals from the private sector on the future of the Freightliner domestic and deep-sea container business ; and to privatise Rail Express Systems, which carries Royal Mail letter traffic, as soon as practicable.
The combination of privatisation and open access to the railway network will promote the development of a rail freight industry which is efficient, competitive and responsive to customers' needs.
Railway Pensions
Mr. Dunn : To ask the Secretary of State for Transport if he has reached final conclusions on the future arrangements for railway pensions after privatisation ; and if he will make a statement.
Mr. MacGregor : I have now completed my consultations about the future of railway pensions. I have had very helpful discussions with representatives of pensioners and of contributing members to the railway pension scheme, with the trustees, with the trade unions and with the Railways Board.
My objective remains to preserve the security of rights enjoyed by pensioners and members while adopting arrangements to suit the new structure of the privatised industry. The proposals I am announcing today meet this objective.
I have decided that there should be set up, under the powers granted in the Railways Bill, a joint industry pension scheme for the railways. This will be broadly on the basis set out in the consultation paper "Railway Pensions after Privatisation" issued in January. The governance and administration of the joint industry scheme will continue to involve both the employers and employees in the industry. We shall be discussing the detailed arrangements with interested parties. The eventual arrangements will need to reflect the recommendations of the pensions law review committee chaired by Professor Goode.
Existing employees' rights will be protected by statutory orders made under the Railways Bill. The benefits offered to employees must be no less favourable than those in the existing scheme. There will be no penalties for involuntary breaks in employment. The present schemes under which the employer matches additional voluntary contributions made by employees (BRASS schemes) will continue subject to the existing right of the employer to withdraw matching for new or increased contributions.
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Employees should be reassured by the statutory protection of these benefits. But I now propose to go further and give those staff serving at Royal Assent an individual right to remain in the joint industry scheme for as long as they are still employed in the railway industry. An amendment to the Bill to secure this "indefeasible" right--on which representatives have placed great importance--will be brought forward in another place.There will in addition be specific safeguards, in franchise contracts, to cover the transfer of pension funds when a franchise changes hands.
In our consultation paper we proposed two possible broad approaches to arrangements for existing pensioners. Option 2 would have involved an appropriate portion of each fund being transferred to the Government, in return for guaranteed index-linked pensions. There was very little support for this option in the consultation. The Government have decided not to proceed with it.
Instead, Option 1, a closed scheme for railway pensioners with appropriate support by investment, will be set up in due course, which will enable them to participate in any future surpluses there may be. We shall discuss with the trustees and the board the timetable for establishing this scheme taking account of the need to have clear arrangements in place as soon as possible. But we recognise the trustees' need for time to rearrange their investments to secure the pensions of their members. Meanwhile, the pensioners will continue in the BR scheme with the board's remaining employees. Again in response to points made in consultation, I am content for the pensioners' closed scheme to be managed as part of the joint industry scheme, provided that its governance arrangements are satisfactory. This will require further discussion and will again need to reflect the outcome of the Goode committee's recommendations.
The division of funds between sections of the joint industry scheme and any new schemes will take into account the liabilities of those schemes, and the decisions made by the trusteees following the 1990 actuarial valuation, to improve pension benefits and to reduce contribution rates. The calculations will be subject to independent actuarial advice. These calculations will be carried out in the light of the present valuation of the fund, which is expected to be completed in the autumn.
The Government will continue to make the contributions to BR pension funds fixed by the Transport Act 1980. The necessary amendments to the 1980 Act to make this possible have been put down for discussion at Report stage.
Orders for setting up new schemes, transferring funds and protection of existing employees will be subject to the affirmative resolution procedure in both Houses. Orders relating to schemes and funds will be the subject of statutory consultation with the trustees.
It is both natural and right that pensioners, pension scheme members and trustees should express their concerns and seek reassurance about pension arrangements in the privatised railway. The consultation document gave them the opportunity to do so : these decisions address those concerns and provide that reassurance.
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Coastguard Service
Mr. Harvey : To ask the Secretary of State for Transport what changes he plans to the coastguard service in north Devon ; and if he will make a statement.
Mr. Steven Norris : No changes to the coastguard service in north Devon are planned other than those already implemented over the last 12 months under the coastal review.
Selby Bypass
Mr. Alison : To ask the Secretary of State for Transport what is the estimated cost, on completion, of the Selby bypass project now in train ; and how much approximately has so far been spent on the project on design work, soil surveys and public inquiries, etcetera.
Mr. Kenneth Carlisle : The current estimated cost of the Selby bypass is £19 million.
The readily available information shows that £0.8 million has been spent since 1988 in respect of design work, soil surveys and public inquiries.
Applications for Orders
Mr. Spearing : To ask the Secretary of State for Transport what applications he has received in respect of section 6 of the Transport and Works Act 1992, stating for each the date received, the applicant and the nature of the scheme or works and where the public may obtain copies ; and what arrangements exist for notifying hon. Members.
Mr. Freeman : None. One application has been made to my right hon. Friend the Secretary of State for Trade and Industry in respect of cooling works for a proposed generating station at South Humber Bank. This was received on 19 April from Humber Power Limited. The draft order disapplies section 6 of the Humber Conservancy Act 1905 in regard to works which are subject to separate consent under section 36 of the Electricity Act 1989. Copies of the application are available for inspection free of charge at the county hall, Humberside county council, and the civic offices, Cleethorpes borough council. The guide to the new procedures places the responsibility on applicants to notify hon. Members with a constituency interest of applications. In this case I understand that my hon. Friend the Member for Brigg and Cleethorpes (Mr. Brown) has been notified of the application.
HOME DEPARTMENT
Parliamentary Seats, Wales
Mr. Ron Davies : To ask the Secretary of State for the Home Department when the Boundary Commission will begin its review of parliamentary seats in Wales.
Mr. Peter Lloyd : I understand that a decision will be made on this matter once an appointment has been made to fill the post of deputy chairman of the Boundary Commission for Wales.
Replica Guns
Mr. Bermingham : To ask the Secretary of State for the Home Department what measures he is considering taking against the misuse of replica guns ; and if he will make a statement.
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Mr. Charles Wardle : My right hon. and learned Friend has accepted the advice offered to him by the firearms consultative committee that the range of offences which apply to the misuse of imitation firearms should be extended. This will be implemented at a suitable legislative opportunity.
Child Deaths
Mr. Sims : To ask the Secretary of State for the Home Department on how many occasions during the last five years following the death of a child charges have been brought under (a) section 1 of the Children and Young Persons Act 1933 and (b) sections 18 and/or 20 of the Offences Against the Person Act 1861 ; and what sentences, on conviction, were imposed in each case.
Mr. Jack : Information in the form requested is not collected centrally.
Litter Offences
Mr. Callaghan : To ask the Secretary of State for the Home Department (1) what proportion of the prosecutions brought under the Litter Act 1983 during the most recent period for which statistics are available was successful ;
(2) what was the average fine imposed under the Litter Act 1983 during the most recent period for which statistics are available.
Mr. Jack : In England and Wales in 1991 there were 1,450 prosecutions under the Litter Act 1983. Eighty-three per cent. (1, 199) of those proceeded against were convicted. The average fine imposed was £55.
Data for 1992 will not be available until the autumn.
Royal Family (Bugging)
Mr. Llew Smith : To ask the Secretary of State for the Home Department if he will list all occasions where he has given interviews this year to the media on allegations of the bugging of the royal family by security or intelligence services ; and if he will place in the Library copies of the available transcripts of his comments on this matter.
Mr. Kenneth Clarke : I gave interviews to the BBC on Wednesday 12 and Thursday 13 May. If the hon. Member wishes to obtain transcripts he should contact the BBC. I was also questioned about this subject, among others, at a press conference in Edinburgh on 12 May but I cannot provide a transcript of my answers there.
Burglaries
Mr. Ieuan Wyn Jones : To ask the Secretary of State for the Home Department how many burglaries have been committed within each police authority area of Wales in each year from 1987 ; how many have been convicted of burglary in each year ; and, of those convicted, how many were registered or unregistered drug addicts at the time of the burglaries.
Mr. Jack : The information available relates to the recorded offences of burglary in Wales and persons convicted of such offences. A table showing these data is given below. Information on how many convicted burglars are registered or unregistered drug addicts is not available centrally.
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Recorded burglaries and persons convicted of burglary by Welsh police force area 1987 to 1992
Wales
1987 1988 1989 1990 1991 1992
Police force |Recorded offences |Persons convicted |Recorded offices |Persons convicted |Recorded offences |Persons convicted |Recorded offences |Persons convicted |Recorded offences |Persons convicted |Recorded offences |Persons convicted
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dyfed-Powys |2,942 |364 |3,214 |288 |2,721 |296 |3,419 |341 |4,696 |370 |5,100 |<1>-
Gwent |4,804 |621 |4,170 |530 |3,838 |477 |5,235 |564 |7,477 |530 |8,239 |<1>-
North Wales |9,955 |737 |8,837 |635 |7,387 |551 |8,342 |576 |10,184 |553 |12,472 |<1>-
South Wales |26,493 |1,765 |25,158 |1,443 |25,067 |1,366 |28,121 |1,477 |36,637 |1,610 |38,799 |<1>-
|------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |------- |-------
Total for Wales |44,194 |3,487 |41,379 |2,896 |39,013 |2,690 |45,117 |2,958 |58,994 |3,063 |64,610 |<1>-
Female Prisons (Complaints against Male Staff)
Ms Ruddock : To ask the Secretary of State for the Home Department how many male staff members in each of the female prisons has been subject to official complaint for sexual misconduct in each of the past five years ; and in how many cases formal disciplinary action was taken.
Mr. Peter Lloyd : Responsibility for this matter has been delegated to the director general of the Prison Service, who has been asked to arrange for a reply to be given.
Letter from Mr. D. Lewis to Ms Joan Ruddock, dated 20 May 1993 : The Home Secretary has asked me to reply to your recent Parliamentary Question about complaints of sexual misconduct made against male staff working in women's prisons in each of the past five years.
Complaints of harassment or other sexual misconduct, whether made by members of staff or inmates, are dealt with in the first instance at the establishment. If formal disciplinary charges are brought, they may be resolved at the establishment under powers delegated to the governor. Not all records of such cases are retained locally ; in fairness to the accused, papers relating to complaints which are dismissed or where the accused in found innocent are destroyed. Only those cases which merit a punishment beyond the scope of the governor's powers would be referred to Headquarters. Cases of proven sexual misconduct would almost certainly fall into this category but we do not have any records which would enable us to state how many such cases had been referred to us in the past five years. A Notice to Staff on sexual harassment was issued in 1992 and we have since mid-1991 kept informal records of complaints of sexual (and racial) harassment which are referred to us by area managers, governors and other colleagues. These include complaints by both staff and inmates. We have been able to identify two complaints against male members of staff at women's establishments. In 1991, one complaint of sexual harassment against a male principal officer resulted in a written warning. In 1992 a complaint of sexual harassment against a storeman was found not to be substantiated. Further details of other complaints could be obtained only at disproportionate cost.
Drugs (Confiscation of Assets)
Mr. Mudie : To ask the Secretary of State for the Home Department how much money was returned to the Treasury under the confiscation powers of (a) the Drug Trafficking Act 1986 and (b) the Criminal Justice Act 1988 in each financial year since their commencement.
Mr. Jack : The information is given in the table :
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Amount (£) recovered<1> by the Secretary of State in confiscation orders
under the Drug Trafficking Offences Act 1986 and the Criminal Justice Act
1988 by financial year
England and Wales
Year |Amount recovered £
----------------------------------------------------------------------------
Drug Trafficking Offences Act 1986<2>
1987-88} |600,000
1988-89}
1989-90<3> |1,375,200
1990-91<3> |1,448,000
1991-92 |5,384,500
Criminal Justice Act 1988<4>
1989-90<3> |353,700
1990-91<3> |437,100
1991-92 |59,400
<1> The information collected centrally is known to be incomplete as
returns were not received from all petty sessional divisions.
<2> Came into force January 1987.
<3> There was some confusion with the recording of information regarding
the two Acts during these years. In consequence it is considered that data
has been under recorded for the Drug Trafficking Offences Act 1986 and over
recorded from the Criminal Justice Act 1988.
<4> Came into force April 1989.
Identity Cards
Mr. Batiste : To ask the Secretary of State for the Home Department what consideration his Department has given to the introduction by banks of photo-identity bank cards with a tamper-proof, laser-etched signature as a possible model for the introduction of a universal photo-identity card scheme in the United Kingdom.
Mr. Jack : The introduction of photographs on cheque and credit cards was recommended in the Home Office crime prevention unit paper 26, "Preventing Cheque and Credit Card Fraud", which was published in 1991. I understand, however, that although some banks and building societies have now introduced such cards, including laser-engraved signatures, there is not general agreement among the financial institutions that these provide the most effective way of combatting the problem of fraud.
The particular technical solutions adopted to tackle cheque and credit card fraud must be a commercial decision which lies with the banks and the retail sector. The Home Office will, however, continue to do what it can to encourage full co-operation and communication between all those bodies which have an interest in tackling this problem.
The introduction of an identity card scheme is a separate issue, and one which is kept under review. However, the Government are not at present persuaded
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that the benefits of issuing identity cards outweigh the disadvantages and costs. The question of possible models does not therefore arise.Market Testing
Mr. Michael : To ask the Secretary of State for the Home Department if the applicability of the Transfer of Undertakings (Protection of Employment) Regulations 1981 to any future Home Office market testing exercise will be included in relevant documentation as a condition of contract.
Mr. Kenneth Clarke : No. The regulations form part of a statutory instrument and, if applicable, take effect and are enforceable without the need for them to be included in a condition of contract.
Unit Fines
Mr. Michael : To ask the Secretary of State for the Home Department (1) what is his estimate of the proportion of cases in which an inappropriate fine given under the unit fine system was (a) too high and (b) too low ;
(2) what is his estimate of the total number of cases in which an inappropriate fine was given under the unit fines system.
Mr. Jack : I have no basis on which to make any such estimate. Actual fine levels imposed are the responsibility of sentencers.
Mr. Michael : To ask the Secretary of State for the Home Department what discussions he had with the Justices Clerks Society on proposals for reforming the unit fine system ; and if he will make a statement.
Mr. Jack : Following the implementation of the unit fine system on 1 October 1992, officials in my Department had a number of discussions with representatives of the Justices Clerks Society about the way in which the scheme was operating and, latterly, about ways in which it might be modified. But, as my right hon. and learned Friend indicated in his statement on 13 May, his conclusion was that the better course was to abolish the scheme altogether. He has since then (17 May) met representatives of the society.
Crime Statistics
Mr. Matthew Taylor : To ask the Secretary of State for the Home Department how many notifiable criminal offences took place in Devon and Cornwall in 1992 ; and if he will publish separate figures for (a) violence against the person, (b) sexual offences, (c) robbery, (d) burglary, (e) theft and handling of stolen goods, (f) fraud and forgery, (g) criminal damage and (h) other offences.
Mr. Jack : The information requested is given in the following table :
Notifiable offences recorded by the policy by offence group
Devon and Cornwall
Offence group |1992
------------------------------------------------------------
Violence against the person |3,926
Sexual offences |665
Robbery |310
Burglary |28,728
Theft and handling stolen goods |60,658
Fraud and forgery |3,601
Criminal damage |15,936
Other offences |851
|-------
Total |114,675
Drug Smuggling
Mr. Ieuan Wyn Jones : To ask the Secretary of State for the Home Department how many front-line customs staff have been employed on anti- drug smuggling duties in the United Kingdom and its waters during each of the last five years.
Sir John Cope : I have been asked to reply.
Front-line resources devoted specifically to passenger and transport control by Her Majesty's Customs and Excise over the past five years are set out in table 1. This is not restricted to drugs enforcement because Customs' frontier controls encompass a number of prohibitions and restrictions. Other staff also contribute to the anti-smuggling effort, including specialist investigators, staff employed on freight and documentary processing and essential support services such as training and prosecutions. Table 2 shows a broad estimate of the total resource devoted to the anti-drugs effort, including such staff.
Table 2
Her Majesty's Customs and Excise
Resources devoted to anti-drugs
effort
|Staff years
------------------------------------
1988-89 |4,700
1989-90 |4,950
1990-91 |4,850
1991-92 |4,800
1992-93 |5,000
Note: Resources are counted in
staff years rather than staff
numbers, to take account of such
factors as part-time working and
overtime.
Table 2
Her Majesty's Customs and Excise
Resources devoted to anti-drugs
effort
|Staff years
------------------------------------
1988-89 |4,700
1989-90 |4,950
1990-91 |4,850
1991-92 |4,800
1992-93 |5,000
Note: Resources are counted in
staff years rather than staff
numbers, to take account of such
factors as part-time working and
overtime.
AGRICULTURE, FISHERIES AND FOOD
Eggs
Mr. Gordon Prentice : To ask the Minister of Agriculture, Fisheries and Food ifms which may be used to describe egg production systems. The terms include "free
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range" and "perchery (barn)" eggs. Further descriptions are not required by those EC regulations and are not considered necessary.Set-aside Land
Mr. Gordon Prentice : To ask the Minister of Agriculture, Fisheries and Food what representations he has received from farmers on the effect of ploughing up land with the aim of discouraging illegal encampments on elibigility for set-aside payments in respect of that land.
Mr. Curry : None. Set-aside fields can be ploughed to create a bare fallow from 1 May. Requests for an exemption from the management rules to plough the margin of a set-aside field earlier than this to help prevent illegal access have been treated sympathetically.
Integrated Administration and Control
Mr. Tyler : To ask the Minister of Agriculture, Fisheries and Food what is the timetable of processing IACS forms at each of his Department's regional centres and when he expects all forms at each centre to be accepted for grant eligibility.
Mr. Curry : Each regional service centre will now undertake a detailed check of the IACS forms to determine eligibility for aid. These checks have already begun. We shall aim to have the checks completed as quickly as possible, having regard to the time payments are due under the individual schemes involved.
Mr. Tyler : To ask the Minister of Agriculture, Fisheries and Food what total cost he estimates for the administration of the integrated administration and control system by his Department in 1993-94 and 1994-95.
Mr. Curry : Our best estimate is that administration of IACS in England will cost in the region of £7 million in 1993-94 and £5 million in 1994-95.
Strawberries (Destruction)
Sir Richard Body : To ask the Minister of Agriculture, Fisheries and Food if he will raise with his French counterpart the question of compensation for Mr. Russell Temple for the destruction of a quantity of Spanish strawberries near Bordeaux while en route to England.
Mr. Garel-Jones : I have been asked to reply.
Her Majesty's embassy in Paris has already protested to the French authorities about the destruction of a consignment of strawberries which one of Mr. Temple's lorries was carrying near Bordeaux ; they agree that he has a strong case for compensation. We shall be in touch with Mr. Temple.
Agricultural Grants
Mr. Campbell-Savours : To ask the Minister of Agriculture, Fisheries and Food how many applications for subsidy or grant made before 11 February remained unpaid on 11 May in the region of the United Kingdom covering the north of England.
Mr. Curry : The processing of claims under many MAFF schemes follows an annual cycle. On 11 May, the position at the northern regional service centre at Carlisle was as follows :
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Since it opened on 26 January, the 1993 hill livestock compensatory allowance scheme had attracted 4,562 claims of which 4,000 had been paid. Of 3,411 claims for suckler cow premium submitted by 15 December, 2,962 had been paid. The remainder were subject to outstanding inquiries. A total of 7,200 claims for sheep annual premium submitted by 5 March 1993 awaited processing.A total of 609 applications to participate in the Lake District environmentally sensitive area had been received since its launch on 22 January and were with ADAS for the preparation of detailed agreements.
In the month of April 157 applications for capital grant schemes or payments were received and 178 were processed. The number in course of processing on 30 April was 227, of which 11 had been received before 11 February.
We have made clear in our service standard publication, "Commitment to Service", that applications for grants and subsidies will be dealt with as swiftly as possible and we set out our targets under a number of schemes. We are currently extending our monitoring systems so that we can check more closely performance against these targets.
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