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Written Answers to Questions
Thursday 4 July 1996
TRANSPORT
Railways (Fencing)
Mr. Gordon Prentice: To ask the Secretary of State for Transport (1) what legislative provisions regulate physical access to the permanent way; and what responsibilities Railtrack has to protect the public by ensuring that the railway is adequately fenced; [34736]
- (2) how many miles of unfenced railway line run through urban areas. [34737]
Mr. Watts: Under section 16 of the Railway Regulation Act 1840, section 23 of the Regulation of Railways Act 1868, section 55 of the British Transport Commission Act 1949 and railway byelaws, it is an offence to trespass on the railway.
Railtrack has a statutory duty under section 10 of the Railways Regulation Act 1842 and section 68 of the Railways Clauses Consolidation Act 1945 to ensure that fencing is provided and maintained for its railway lines. In certain limited cases, lines may be exempt from the requirement for fencing by the terms of the old private Act or the light railway order which originally authorised their construction. However, I understand that in some of these cases fencing is in fact provided even though the Act or order does not require it.
Following a review of existing railway safety legislation, the Health and Safety Commission has consulted on new draft regulations, including one which would require infrastructure controllers, so far as is reasonably practicable, to prevent unauthorised access by persons or animals which could endanger health or safety.
Railtrack is also subject to the same duties and liabilities in respect of persons on its premises as any other public limited company. These duties include the general requirements of the Health and Safety at Work, etc. Act 1974, including the duty to conduct the undertaking in such a way as to ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety.
Mr. Morgan:
To ask the Secretary of State for Transport what level of delay in the completion of the M5 link road with the second Severn crossing will trigger penalty clauses against the contractors. [35676]
Mr. Watts:
Any delay in substantial completion of the M49, which links the M5 to the second Severn crossing, beyond the contract completion date would render the contractor liable for a sum based on liquidated damages.
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Ms Short:
To ask the Secretary of State for Transport how often InterCity West Coast trains are given a full service check; what changes there have been to this maintenance schedule within the last 12 months; and if he will make a statement. [35083]
Mr. Watts:
This is a matter for InterCity West Coast, the train operator.
I understand that a full range of maintenance is undertaken, varying from daily maintenance to complete overhaul. There have been no changes in maintenance schedules within the last 12 months.
Mr. Steen:
To ask the Secretary of State for Transport when he expects to introduce regulations to implement the EC bus and coach directive. [34990]
Mr. Norris:
The Commission has not yet made a proposal for a European bus and coach directive. The implementation dates of the directive will no doubt be the subject of negotiation after the proposal has been tabled.
Mr. Key:
To ask the Secretary of State for Transport on what date he expects to ratify the joint aviation authorities agreement on joint airworthiness requirements No. 36 on noise. [35510]
Mr. Norris:
The JAA adopted JAR No. 36 on noise on 24 June 1996. The practice is that new JARS are incorporated into EC legislation.
Mr. Gordon Prentice:
To ask the Secretary of State for Transport what steps he is taking to ensure that railway rolling stock destined for repair and maintenance arrives at the depot by rail. [35663]
Mr. Watts:
Responsibility for deciding how and where passenger rolling stock is transported for repair and maintenance lies with the train operators and the passenger rolling stock leasing companies. In some instances, the nature of the fault renders rolling stock unsafe for transport by rail.
Mr. Matthew Banks:
To ask the Chancellor of the Exchequer if he will make a statement on the recommendations contained in Sir Richard Scott's report relating to Customs and Excise legislation and procedures. [35979]
Mr. Kenneth Clarke:
Sir Richard Scott made a number of recommendations in his report relating to Customs and Excise legislation and procedures. These may be found in chapter K4 of his report. All his recommendations have either been accepted by the Government as they stand or, in a few cases, following detailed consideration by the commissioners of Customs and Excise and their legal advisers, the concerns reflected
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in Sir Richard's recommendations will be met in an alternative manner to that proposed. The Government's detailed response to each recommendation is contained in a paper which I have placed in the Libraries of both Houses.
Diplomatic Relations
Mr. Galbraith: To ask the Secretary of State for Foreign and Commonwealth Affairs when diplomatic relations were (a) suspended and (b) restored between the United Kingdom and (i) Iran, (ii) Iraq and (iii) Syria during the past 15 years. [35316]
Mr. Hanley: Relations with Iran were formally broken by Iran on March 1989. We restored relations with Iran in September 1990. Relations with Iraq were suspended in February 1991 and have not been restored. Relations with Syria were suspended in October 1986 and restored in November 1990.
Missing Personnel
Mr. Parry: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent action the UN has taken in respect of US personnel missing in action in (a) Vietnam and (b) North Korea. [35153]
Sir Nicholas Bonsor: We are unaware of any recent UN activity in this area.
HEALTH
Prescription Charges (Crohn's Disease)
Mr. Hanson: To ask the Secretary of State for Health (1) for what reasons individuals suffering from Crohn's disease who need medication for life are not exempt from prescription charges; [35096]
- (2) what plans he has to make prescriptions free for people suffering from Crohn's disease. [35106]
Mr. Malone: We have no plans to extend the exemption arrangements. In 1996-97, we expect 85 per cent. of prescriptions to be dispensed free, thanks to our extensive exemption arrangements, which are among the most generous in Europe. Many people with Crohn's disease will benefit from these.
NHS Pension Scheme
Mr. Simon Hughes: To ask the Secretary of State for Health if he will list all categories of staff working in the NHS who are not eligible to join the NHS pension scheme and the number of people currently in each category; what estimate he makes of the extra public expenditure that would be involved in giving full NHS pension scheme eligibility to each of these categories; and if he will make a statement. [35086]
Mr. Malone: All staff employed by the national health service are eligible to join the NHS pension scheme. Others who work in the NHS such as chairmen of trusts and health authorities, some self-employed contractors and the staff of contractors are not eligible. The costs for
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each group would depend upon take-up, whether this scheme would replace current pension arrangements and the salaries of the staff concerned, as well as the factors set out in my reply to the hon. Member for Lancashire, West (Mr. Pickthall) on 26 June at columns 147-48.
NHS Trusts
Mr. Simon Hughes: To ask the Secretary of State for Health how many NHS trusts (a) hold public meetings, (b) conduct public consultation exercises, (c) conduct consultation exercises with outside commercial interests, (d) publish a register of members' interests, (e) publish agendas for meetings and (f) publish the minutes of meetings; and if this is in each case (i) under a statutory requirement or (ii) voluntary. [35089]
Mr. Malone: All national health service trusts are statutorily required to hold one annual meeting which is open to the public. No information is available centrally on the many NHS trusts which voluntarily admit the public to their board meetings.
All NHS trusts which are considering dissolution are statutorily required to consult the relevant community health council. No information is available centrally on individual NHS trusts which voluntarily conduct other consultation exercises either with the public or with outside commercial interests.
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