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22 Apr 2004 : Column 651W—continued

Telecommunications Masts

Mr. Clifton-Brown: To ask the Deputy Prime Minister what plans he has to amend planning guidance in relation to telecommunications masts. [166941]

Keith Hill: The Office of the Deputy Prime Minister has no plans to amend planning guidance in relation to telecommunications developments at present.

Travellers

Mr. Paice: To ask the Deputy Prime Minister what advice he has received on the impact on appeals by travellers against planning enforcement where it can be proven that the appellants own property elsewhere in the EU. [167175]

Yvette Cooper: Decisions on planning applications and appeals, including enforcement appeals, are based on the land-use merits of each proposal. Under our 'plan-led' system of development control, applications and appeals—including enforcement appeals—have to be decided on their individual merits in accordance with the local planning authority's development plan for the area with reference to other material considerations.

Mr. Paice: To ask the Deputy Prime Minister what assessment he has made of the effects of the Human Rights Act 1998 on planning decisions relating to travellers' sites. [167176]

Yvette Cooper: The Office of the Deputy Prime Minister has made no overall assessment of the effects of the Human Rights Act 1998 on planning decisions, whether they relate to traveller sites or other types of development.

TREASURY

Special Purpose Vehicles

Mrs. May: To ask the Chancellor of the Exchequer how many special purpose vehicles have been set up since October 2002. [166213]

Dawn Primarolo: Information on signed private finance initiative projects is submitted to the Treasury by Departments. This information, which includes the capital value and nature of each project, is available from the HM Treasury website: http://www.hm-treasury.gov.uk/documents/public   private   partnerships/ppp   pfi   stats.cfm

Child Tax Credit (Manchester)

Mr. Kaufman: To ask the Chancellor of the Exchequer how many families in Manchester, Gorton have received child tax credit. [167473]

 
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Dawn Primarolo: I refer my hon. Friend to my answer to my hon. Friend the Member for Burton (Mrs. Dean) on 15 March 2004, Official Report, column 98W.

Corporation Tax

Mr. Prisk: To ask the Chancellor of the Exchequer what assessment his Department has made of the impact on revenue of the European Court of Justice ruling concerning corporation tax for (a) 2004–05, (b) 2005–06, (c) 2006–07 and (d) 2007–08. [166661]

Dawn Primarolo: I refer the right hon. Gentleman to the answer I gave him on 5 January 2004, Official Report, column 163W.

To date, a total of £212 million has now been paid as a consequence of the judgment of the European Court of Justice in the Hoechst case. Around £110 million of this may be recoverable depending on the outcome of a related court case. Current claims in which repayments have not yet been made are estimated to be in the region of £220 million, of which around £150 million depends on the court case. Any further repayments are subject to the other court decisions and a reliable estimate of the tax potentially repayable is not possible at the present time. But because ACT was abolished in 1999 these cases will not reduce corporation tax receipts for future years.

The Government will also continue the wider-ranging dialogue on international issues that was begun during the August 2003 consultation, with a view to maintaining the competitiveness and fairness of the UK corporation tax regime and ensuring that it remains robust.

Tax Credits (Overpayments)

Geraldine Smith: To ask the Chancellor of the Exchequer what account is taken of claimants' weekly entitlement before tax credit overpayments are recovered. [165411]

Dawn Primarolo: Tax credits awards are based on annual entitlement. The Inland Revenue's Code of Practice 26, "What happens if we have paid you too much tax credit?", sets out the rules that the Inland Revenue follows when adjusting an award to recover an overpayment.

Geraldine Smith: To ask the Chancellor of the Exchequer what limits there are on the recovery of overpayments for tax credits. [165415]

Dawn Primarolo: I refer my hon. Friend to the reply I gave the hon. Member for South Down (Mr. McGrady) on 3 February 2004, Official Report, column 828W.

CONSTITUTIONAL AFFAIRS

Child Maintenance

Mr. Sheerman: To ask the Parliamentary Secretary, Department for Constitutional Affairs what powers exist to retrieve child maintenance from British citizens who leave the country and go to live in another EU member state. [166727]

 
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Mr. Lammy: A number of international conventions and agreements exist that either provide for an existing maintenance order to be registered and enforced in the country which a parent has moved, or for an order for child support to be made and enforced in that country. These are the United Nations Convention on the Recovery Abroad of Maintenance 20 June 1956, the   Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations 2 October 1973, the Brussels & Lugano Conventions 1968 and 1988 (now Council Regulation (EC) 1348/2000 of 29 May 2000—Service of Judicial and Extra-Judicial Documents in Civil and Commercial Matters) and the Republic of Ireland Agreement. These reciprocal arrangements apply where the EU country and the United Kingdom are signatories to the treaties. The primary legislation governing these international arrangements are the Maintenance Orders (Reciprocal Enforcement) Act 1972 Parts 1 & II, the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993, the Civil jurisdiction and Judgements Act 1982 and the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993.

Debt Recovery

Malcolm Bruce: To ask the Parliamentary Secretary, Department for Constitutional Affairs in how many county court judgments enforcement agents have been used to recover debts where the sum of money to be recovered is (a) £125 or less and (b) more than £125 in each year since 1997. [166806]

Mr. Leslie: My Department is responsible for county court bailiffs only.

Statistical data by value of the debt enforcement process that county court bailiffs have dealt with, is not collected. The number of county court warrants of execution issued since 1997 is as follows:

	Number
1998	543,848
1999	538,337
2000	470,270
2001	394,611
2002	372,505
2003	355,476

Malcolm Bruce: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the proceeds of sales of goods by enforcement agents employed by the county courts was for the payment of (a) council tax and (b) all other debts in each year since 1997. [166807]

Mr. Leslie: My Department is responsible for county court bailiffs only. Unpaid council tax is not recoverable through the county courts. It is pursued through the magistrates courts. Certificated Bailiffs are authorised under the Distress for Rent Rules 1988 to enforce non-payment of council tax on instruction from the relevant magistrates court.

In the county court the most common method of enforcement, where payment of the court order is in arrears, is a warrant of execution. County court bailiffs
 
22 Apr 2004 : Column 654W
 
may remove a debtor's goods for sale to satisfy the amount of the warrant, if payment otherwise is not forthcoming.

Statistical data is not collected to show the amount recovered from the proceeds of sale of goods for debt.

Malcolm Bruce: To ask the Parliamentary Secretary, Department for Constitutional Affairs in how many county court judgments letters were prepared and sent advising clients that a warrant for the recovery of a debt was with a court-employed enforcement agent in each year since 1997. [166811]

Mr. Leslie: If the defendant in a debt case defaults under the terms of the court order, it will be for the creditor to instruct the court to enforce the judgment. The most common form of enforcement for debt is a warrant of execution.

As soon as the bailiff receives the warrant the defendant will be notified, in writing, that enforcement action has been instigated. The notice tells the defendant, among other things, when the amount of money should be paid to prevent any further action by the bailiff.

The number of warrants of execution issued since 1997 is as follows:

	Number
1998	543,848
1999	538,337
2000	470,270
2001	394,611
2002	372,505
2003	355,476

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