House of Commons Hansard Written Answers for 9 Mar 2004 (pt 8)

9 Mar 2004 : Column 1405W—continued

Missile Defence

Mr. Cousins: To ask the Secretary of State for Defence when he expects his Department's research into theatre ballistic missile defence to be able to report interim results and conclusions to (a) him and (b) Parliament; and what theatre ballistic missile defence is available to UK forces now. [157052]

Mr. Hoon: I expect to receive a report on the Ministry of Defence's three-year research programme into Theatre Ballistic Missile Defence this summer, but due to its classification, there are no plans to publish the report. I shall keep Parliament informed in the usual way, once I have had a chance to consider the report. Defence against theatre ballistic missiles comprises a

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number of components, including steps to prevent and counter proliferation, diplomatic measures, deterrence and passive and active defence. Passive defence may involve the dispersal of forces and the provision of protective equipment against nuclear, biological or chemical weapons. Within a coalition force, allied partners provide the active defence.

Parliamentary Questions

Mr. Brady: To ask the Secretary of State for Defence how many days on average his Department took in Session 2002–03 to give a substantive answer to a parliamentary question for ordinary written answer; and what the greatest number of days taken to answer such a question was. [155920]

Mr. Caplin: The information requested could be provided only at disproportionate cost.

Defence Ministers aim to answer ordinary written questions within five sitting days whenever possible.

Stonehenge

Mr. Key: To ask the Secretary of State for Defence what representations he has (a) received and (b) made about the Stonehenge Project Land Train route and dispersed visitor centre access scheme; whether the Larkhill Garrison Commander has made representations about the planned route; and if he will make a statement. [156724]

Mr. Ingram [holding answer 27 February 2004]: The Ministry of Defence has received a very small number of representations about the scheme, from local Councillors and from residents living close by. No formal representations have been made by MOD as the proposals are currently being discussed by officials from the Department of Culture, Media and Sport, English Heritage, the National Trust and Ministry of Defence.

Suez Canal Zone Medal

Mr. Nigel Jones: To ask the Secretary of State for Defence whether (a) HMS Roebuck, (b) HMS Whirlwind and (c) HMS Wakeful served in the Suez Canal Zone for four months in each year from 1953 to 1955; whether veterans who served on those ships have an entitlement to the Suez Canal Zone Clasp; and how many veterans of the three ships have received the Canal Zone Clasps. [157477]

Mr. Caplin: Although records indicate that the ships were present in the Mediterranean and/or Gulf of Suez areas at intervals between October 1951 and October 1954, it has yet to be established whether they meet the qualifying criteria of 30 days continuous service in the Canal Zone area that is necessary to qualify for the award of the Naval General Service Medal with 'Canal Zone' clasp. Only once a ship's eligibility has been established will it be possible to assess each veteran's application to ascertain their individual eligibility. No medals or clasps have yet been issued to veterans of HMS Roebuck, HMS Whirlwind or HMS Wakeful.

Mr. Hoyle: To ask the Secretary of State for Defence how many Suez Canal Zone medals have been awarded to date in each Lancashire constituency. [157563]

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Mr. Caplin: I refer my hon. Friend to the answer I gave on 5 November 2003, Official Report, column 634W. Over 4,400 medals and Canal Zone clasps have now been despatched to eligible veterans and their families throughout the United Kingdom.

Mr. Gerald Howarth: To ask the Secretary of State for Defence how many campaign medals for those who served in the Suez Canal Zone between 1951 and 1954 have been issued since the decision was made to make this award. [156832]

Mr. Caplin: As at 20 February 2004 a total of 4,086 Naval General Service Medals 1915–62 and General Service Medals 1918–62 with the clasp Canal Zone, plus a further 321 clasps without medals, where the claimants had already received the medal with an appropriate clasp for other military campaign service had been despatched.

Mr. Gerald Howarth: To ask the Secretary of State for Defence how many complaints his Department has received from ex-service personnel and their families who have applied for the campaign medal for those ex-service personnel who served in the Suez Canal Zone between 1951 and 1954 about delays in the processing of their claims. [156928]

Mr. Caplin: In recent months the Ministry of Defence has received over 34,000 applications for the new Canal Zone medal. In addition, the medal offices and secretariat branches which deal with this subject have received several hundred letters and an unquantifiable number of telephone calls from veterans or their families asking for some indication of the progress of their claim. Fewer than 50 letters or calls could be described as 'complaints' and once the situation has been explained to them the majority of correspondents have been satisfied with the response.

Tomahawk Cruise Missiles

Dr. Julian Lewis: To ask the Secretary of State for Defence (1) for what reason it is not proposed to arm the new Type 45 destroyers with Tomahawk cruise missiles; [158139]

Mr. Ingram [holding answer 4 March 2004]: The principal role of the Type 45 destroyer will be Anti-Air Warfare. There is currently no requirement for the Type 45 to be fitted with Tomahawk Land Attack Missiles (TLAM). If a requirement for TLAM arises in future, the Type 45 has been designed with substantial space and weight margins to enable its capability to be upgraded through life. We currently estimate that up to 16 TLAM missiles could be mounted on a Type 45 Destroyer.

Dr. Julian Lewis: To ask the Secretary of State for Defence if he will make it his policy to include (a) Tomahawk cruise missiles and (b) a larger-calibre turret gun in the armament of the Type 45 destroyer fleet. [158142]

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Mr. Ingram [holding answer 4 March 2004]: There is currently no requirement to fit Tomahawk Land Attack Missiles or a larger calibre gun to Type 45 destroyers. Should such a requirement arise, these modifications could be made.

War Graves

Mr. Laurence Robertson: To ask the Secretary of State for Defence what plans he has to allow old war graves to be relocated; and if he will make a statement. [157317]

Mr. Caplin: Only in exceptional circumstances, where the long-term security of a war grave is at risk and all other measures to ensure non-disturbance have been exhausted, will the Commonwealth War Graves Commission apply to the Home Office for an exhumation order. Once granted, the grave is transferred to the nearest Commission maintained war grave plot or cemetery.

This position is confirmed in the recent Government Consultation Paper on Burial Law and Policy in the 21st Century which clearly stated that

"war graves constitute a particular class of grave which, at least in municipal cemeteries enjoy special protection by virtue of certain powers and exceptions granted to the Commonwealth War Graves Commission. It is not proposed that war cemeteries, or individual war graves, should be subject to a re-use regime."

SOLICITOR-GENERAL

Attorney-General (Legal Advice)

Ian Lucas: To ask the Solicitor-General if she will list the occasions between November 1990 and May 1997 when legal advice given by the Attorney-General to the Government was made public. [158713]

The Solicitor-General: I am aware of two occasions on which Law Officers' advice was disclosed between November 1990 and May 1997. In both cases disclosure was made for the purposes of judicial proceedings. In 1993, Law Officers' advice relevant to the subject matter of the Scott Inquiry was disclosed to it. The advice was published in an annex to the inquiry report. Law Officers' advice on the 1988 Merchant Shipping Act was disclosed to the other parties in the course of the Factortame litigation in which Spanish fisherman were seeking damages from the Government for a breach of Community law.

On 15 February 1993 the views of the Law Officers were disclosed in the debate on the Maastricht Treaty. However, the Government of the day refused to disclose the full advice.

Iraq

Sir Menzies Campbell: To ask the Solicitor-General if she will publish the factual evidence on which the Attorney-General's view on the legal basis for the use of force in Iraq, expressed in his answer of 17 March 2003, Official Report [Lords], columns WA2–3, was based; and if she will make a statement. [156108]

The Solicitor-General [holding answer 25 February 2004]: No. This information is covered by legal professional privilege and the convention against

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disclosure of Law Officers' advice outside Government, mentioned in paragraph 24 of the Ministerial Code. This is consistent with paragraphs 2 and 4d of Part II of the Code of Practice on Access to Government Information.

The Attorney-General made a statement in Parliament on 17 March 2003 setting out his view of the legal basis for the use of force against Iraq. On the same date, the Foreign Secretary submitted a memorandum to the Foreign Affairs Committee which gave further detail of the legal position.

Sir Menzies Campbell: To ask the Solicitor-General if she will list the occasions on which the Attorney-General formally submitted an opinion on the legality of the use of force against Iraq prior to 18 March 2003; and if she will make a statement. [156250]

The Solicitor-General [holding answer 25 February 2004]: No. There is a long-standing convention, observed by successive Governments, that whether the Law Officers have advised on a particular matter, and the substance of any advice, is not disclosed outside Government. This is consistent with paragraphs 2 and 4d of Part II of the Code of Practice on Access to Government Information.

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