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Private Landlords
Mr. Robert McCartney: To ask the Secretary of State for Northern Ireland if he will list the major differences in the law relating to the tenants of private landlords in Northern Ireland and their position in relation to rent, repairs and security of tenure as opposed to those in England and Wales; and to what extent the Government propose to move the Northern Ireland law into line with England and Wales. [72]
Mr. Moss: The legislation governing the private rented sector in Northern Ireland is significantly different than in England and Wales.
In England and Wales there are three main types of tenancy:
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(i) regulated--commenced before 15 January 1989 subject to a fair rent with considerable security of tenure and the landlord normally responsible for the repairs;
(ii) assured--from 15 January 1989 landlords could create an assured tenancy with rent charged at open market levels;
(iii) assured shorthold--allows landlords to let their property for a fixed period, which must be for a minimum of 6 months, in the certainty that they can gain possession at the end of it.
In both assured and assured shorthold tenancies, repairing obligations are largely a matter of negotiation between landlord and tenant.
In Northern Ireland there are also three main types of tenancy:
(i) restricted--properties generally in a poor state of repair with Net Annual Value (NAV) less than £60 and rent frozen at the 1978 level (usually less than £1.00 per week). Tenants have few repairing rights unless there is a tenancy agreement stating otherwise.
Both regulated and restricted tenants have considerable security of tenure whereby the landlord can gain possession only after obtaining a court order.
(ii) regulated--properties in a better state of repair. Rent payable limited to the amount calculated in accordance with statute and registered with the Department of the Environment (NI) and can be appealed to a Rent Assessment Committee. The responsibility for repairs may be set out in the tenancy agreement but will normally be the responsibility of the landlord who can be required to carry out repairs by the 'certificate of disrepair' procedure.
(iii) uncontrolled--properties built or converted after 1956, or which have an NAV over £140 or which were not previously let. Rent, repairing obligations and security of tenure are a matter between landlord and tenant to be specified in the tenancy agreement.
The Government have no proposals at present to amend the Northern Ireland law relating to the private rented sector.
Rural Development
Rev. Ian Paisley: To ask the Secretary of State for Northern Ireland if he will make a statement on the implementation of the proposals contained in the White
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Paper on Rural England (Cm 3016) in respect of Northern Ireland with particular reference to (a) business rate release schemes, (b) affordable housing in the countryside, (c) encouragement for the re-use of rural buildings and (d) the introduction a new rural business use class. [51]
Mr. Moss: The Government are currently considering the implications for Northern Ireland of the White Paper on Rural England. These considerations will take account of the different circumstances and the existing methods of support for rural communities in Northern Ireland. I will inform the hon. Gentleman once the consideration has been completed and the decision made on the way forward.
EU Funds (Transfrontier Projects)
Mr. Charles Kennedy: To ask the Secretary of State for Northern Ireland if he will make a statement on the Court of Auditors' report in respect of British misuse of funds in transfrontier projects in Northern Ireland. [1041]
Sir John Wheeler: The Court of Auditors noted that the number of transfrontier projects was relatively low. However, it did not suggest that there was any misuse of funds or that expenditure was undertaken in ineligible areas or projects or that expenditure was undertaken that was at variance with the twin objectives of the Interreg programme. Indeed the independent mid-term evaluation of the programme noted that it had been very effective, particularly given the difficult situation pertaining at that time.
Firearms
Mr. Nigel Evans: To ask the Secretary of State for Northern Ireland what plans he has for reviewing the law on firearms. [2798]
Sir John Wheeler: The Firearms (Northern Ireland) Order 1981 provides for the licensing and control of firearms in the Province. Although it has been amended on a number of occasions, most recently last year when new offences relating to imitation firearms were introduced, the law has been largely unchanged since the 1960s. Indeed its origins can be traced back to the 1920s. This in itself would suggest reasonable cause for a fresh look at the law. However, in addition, developments in firearms technology and design have proceeded apace and we have seen a growth nationally in the recreational and sporting use of firearms. For these reasons therefore, I believe that the time is right to take a new look at the law on firearms, to ensure not only that it is appropriate to today's conditions, but that it strikes the right balance between public and individual safety and the reasonable expectations of shooters who want to use their firearms in a responsible and legitimate manner.
The review will be thorough and painstaking. There is much ground to cover. I will, of course, want to take the views of the shooting organisations as well as public representatives, the RUC and safety groups. To that end, I am writing today to Northern Ireland Members and my officials are similarly writing to the political party organisations and other interest groups inviting comment and proposals on what changes to the law they would like to see.
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The review team will work under the direction of a steering committee comprising a senior NIO official, assisted by a senior RUC officer with experience in firearms administration and a person of standing with relevant expertise. I have asked them to complete their work and to let me have their report with proposals for change, by August 1996. Thereafter I will publish the proposals for wider consultation. I do not expect new legislation to be in place before the latter part of 1997.
Research
Sir Hector Monro: To ask the Secretary of State for Scotland if he will make a statement about prior options reviews of the Scottish Crop Research Institute, the Macaulay Land Use Research Institute, the Scottish Agricultural Science Agency, the Fisheries Research Services and the Forestry Commission's Research Establishments. [2561]
Mr. Michael Forsyth: As part of a wider series of prior options reviews of public sector research establishments announced in the Government's response to the report of the multidepartmental efficiency scrutiny of public sector research establishments (Cm 2991), my Department, together with the Forestry Commission, will conduct prior options reviews of the Scottish Crop Research Institute--SCRI--the Macaulay Land Use Research Institute--MLURI--the Scottish Agricultural Science Agency--SASA--the Fisheries Research Services--and the Forestry Commission's Research Establishments.
I would welcome comments from interested parties. They should be sent by 8 January to:
on SCRI, MLURI and SASA:
Dr. A. J. Rushworth The Scottish Office Agriculture, Environment and Fisheries Department Pentland House 47 Robb's Loan EDINBURGH EH14 1TY
on FRS:
Mr. D. Dickson The Scottish Office Agriculture, Environment and Fisheries Department Pentland House 47 Robb's Loan EDINBURGH EH14 1TY
on the Forestry Commission's research establishments:
Mr. D. B. Henderson-Howat Director, Forestry Policy Forestry Commission 231 Corstorphine Road EDINBURGH EH12 7AT
Public Appointments
Mr. McMaster: To ask the Secretary of State for Scotland if he will list the vacancies during the first six months of 1996 on quangos, outside bodies and agencies to which he has the right to make appointments. [570]
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Mr. George Kynoch: This information is not held centrally and could be obtained only at disproportionate cost.
Local Government
Mr. Vaz: To ask the Secretary of State for Scotland if he will list the Acts of Parliament and Consolidation Acts that affect local government that have been introduced by his Department since January 1994. [27]
Mr. George Kynoch: The relevant Acts are as follows:
The Local Government etc (Scotland) Act 1994. Children (Scotland) Act 1995. Requirements of Writing (Scotland) Act 1995. Criminal Justice (Scotland) Act 1995. Criminal Procedure (Scotland) Act 1995. Criminal Law (Consolidation) (Scotland) Act 1995. Criminal Procedure (Consequential Provisions) (Scotland) Act 1995. Proceeds of Crime (Scotland) Act 1995.
Transfer of Undertakings (Protection of Employment) Regulations
Mr. McMaster: To ask the Secretary of State for Scotland (1) what is his policy in relation to the application of TUPE in the case of portering staff at the Royal Alexandra hospital in Paisley; how much has been spent by (a) his Department, (b) Argyll and Clyde health board and (c) the Royal Alexandra hospital trust on legal and other fees in opposing the claim by portering staff; and if he will make a statement; [1001]
(2) what is his latest estimate of the total cost to public funds of the dispute between Argyll and Clyde health board or its successor trust and portering staff at the Royal Alexandra hospital trust since 1 December 1992; what is his latest estimate of the amount that would have been required to settle the claim on the terms submitted by the portering staff; and if he will make a statement. [571]
Lord James Douglas-Hamilton: In any market testing programme it is for the health board or NHS trust concerned to consider the implications of the Transfer of Undertakings (Protection of Employment) Regulations 1981--TUPE--in awarding contracts.
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