House of Commons Hansard Written Answers for 19 Jan 2005 (pt 20)

19 Jan 2005 : Column 1002W—continued

Telecommunication Masts

Glenda Jackson: To ask the Deputy Prime Minister if he will revise existing planning procedures to enable local authorities to ban the siting of mobile phone masts near (a) schools, (b) nurseries and (c) hospitals. [208965]

Yvette Cooper: The precautionary approach recommended by the Independent Expert Group on Mobile Phones' report in 2000 has provided the basis for Government policy. The Group's report did not recommend a ban on the construction of mobile phone masts near schools or any other site. What the report did do was make some specific recommendations for precautionary action for the use of mobile technology. The Government accepted the precautionary approach advised by the Group and have adopted a range of specific actions.

TRADE AND INDUSTRY

A3 Hindhead

Virginia Bottomley: To ask the Secretary of State for Trade and Industry when the South East England Development Agency was first informed of the Department of Transport's intention to downgrade the A3 Hindhead tunnel scheme. [209513]

Mr. Jamieson: I have been asked to reply.

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The proposed Hindhead improvement scheme has not been downgraded, it has been classified as a scheme of regional importance. This was announced in the Highways Agency's Press Release of 1 December 2004. The South East England Development Agency was not separately notified of this decision.

Avient

Norman Lamb: To ask the Secretary of State for Trade and Industry what evidence the National Contact Point for the OECD Guidelines drew upon in reaching the conclusion that the UN had supplied neither further details nor evidence of specific actions undertaken by Avient crews when preparing its statement on Avient; and what assessment was made in drawing up the statement of allegations by the UN Panel of Experts of (a) bombing raids and (b) dealings with Mr. Leonid Minim by Avient. [200749]

Mr. Alexander [holding answer 29 November 2004]: The statement made by the National Contact Point (NCP) for the OECD Guidelines on Avient drew, in part, on documentation provided by the UN. The UN has required the Government to maintain the confidentiality of that documentation. In making a statement, the NCP reflected the allegations made by the UN panel and the response of the company.

Norman Lamb: To ask the Secretary of State for Trade and Industry if she will make an assessment of the extent to which the statement on Avient by the UK National Contact Point for the OECD Guidelines accords with Government policy on mercenary operations in Africa. [200753]

Mr. Alexander: The statement made by the National Contact Point for OECD guidelines is consistent with the policy of HMG towards Private Military and Security Companies.

Following the growth in the size and importance of the UK private security industry operating overseas my right hon. friend the Foreign Secretary has recently instituted a further detailed review of options for regulation of Private Military and Security Companies. The Government will keep Parliament fully informed of its thinking in this area.

Norman Lamb: To ask the Secretary of State for Trade and Industry what interpretation she places on the reference in the statement on Avient by the UK

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National Contact Point for the OECD Guidelines that Avient's M124 attack helicopter crew was involved in the relief of isolated places. [200754]

Mr. Alexander: Avient have admitted they supplied, but did not task, a helicopter crew for the recognised government of the Democratic Republic of Congo to support military operations. Avient were informed later that the crew were used in the relief of Kigali from rebel forces.

In its Statement the NCP recommended that in their future activities, Avient

"Respect the human rights of those affected by their activities consistent with the host government's international obligations and commitments."

CAB Funding

Mr. Waterson: To ask the Secretary of State for Trade and Industry if she will ensure that funding for Citizens Advice bureaux is ring-fenced. [209325]

Mr. Sutcliffe: Each Citizens Advice Bureau is an independent charity and organises its own funding. The largest contribution frequently comes from local authorities, but most bureaux also gain funding from a number of other sources.

My Department does not fund any individual bureau directly, nor do I have any say in how local authorities control their budget allocation. That would be a matter for my right hon. Friend the Deputy Prime Minister.

Mr. Waterson: To ask the Secretary of State for Trade and Industry what her policy is on the existence of a national network of Citizens Advice Bureaux; and if she will make a statement. [209326]

Mr. Sutcliffe: My Department funds Citizens Advice and Citizens Advice for Scotland. These are the organisations that support the national network of bureaux by providing training, setting standards for membership, conducting social policy research and producing the database of advice that is used by the network.

Criminal Offences

Mr. Oaten: To ask the Secretary of State for Trade and Industry if she will list the criminal offences created in legislation sponsored by her Department in the (a) 2002–03 and (b) 2003–04 session, broken down by Act. [206877]

Ms Hewitt: The information requested is as follows:
2002–03 Session

Act Section Offence

Communications Act 2003(except Parts 3 and 4, which were sponsored by the Department for Culture, Media and Sport) 43 Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 42 or is in contravention of a restriction contained in such a direction

103 (1) Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 98(4) or 100; or is in contravention of a restriction contained in such a direction

103 (2) Supplying electronic communications apparatus while prohibited from doing so by a direction under section 101; or in contravention of a restriction contained in such a direction

125 Dishonestly obtaining an electronic communications service which is done so with intent to avoid payment of a charge applicable to the provision of that service

126 Having possession of or under their control anything that may be used for obtaining an electronic communications service; or in connection with obtaining such a service

127 Sending by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or causes any such message or matter to be so sent

133 Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 132; or in contravention of a restriction contained in such a direction

143 (1) Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 140; or in contravention of a restriction contained in such a direction

143 (2) Supplying electronic communications apparatus while prohibited from doing so by a direction under section 141; or in contravention of a restriction contained in such a direction

144 (1) Failing to provide information in accordance with a requirement of Ofcom under section 135 or 136

144 (3) Providing any information (required under section 135 or 136) that is false in any material particular; and at the time it is provided, the person either knows it to be false or is reckless as to whether or not it is false

171 Failure to provide information in accordance with a requirement of Ofcom under this section

171 Providing information that is false and at the time it is provided it is known to be false or is reckless as to whether or not it is false

393
Disclosure of information in contravention of section 393

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2003–04 Session

Act Section Offence

Civil Partnership Act 2004 32 (l)(a) Giving information by way of evidence in response to a requirement under section22(1), knowing that the information is false

32 (l)(b) Giving a certificate as provided for by section 22(3), knowing that the certificate is false

32 (2) A person in his actual or purported capacity as a civil partnership registrar officiates at the signing of a Registrar General's licence by proposed civil partners knowing that he does so:- (a) at a place other than the place specified in the licence, (b) in the absence of a civil partnership registrar, (c) after the end of 1 month from the day on which the notice of proposed civil partnership was given, or (d) even though the civil partnership is void under section 49(b) or (c)

33 (1) Refusal or failure of civil partnership registrar to comply with the provisions of Chapter 1 or of any regulations made under section 36

33 (3) Refusal or without reasonable cause omits to record information required to be recorded under section 2(4)

33 (5) Recording in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) or (c)

33 (7) Recording in the register information relating to the formation of a civil partnership by the signing of a Registrar General's licence, knowing that the civil partnership is void under section 49(b) or (c)

80 Making or signing a false statement to procure the formation of a civil partnership

100 (1) Registering in Scotland as the civil partner of another person knowing that either or both are already married or are in a civil partnership.

100 (2)(a) Knowingly falsifying or forging any civil partnership document

100 (2)(b) Using, giving or sending to any person as genuine, any false or forged civil partnership document

100 (2)(c) A person being an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed

100 (2)(d) A person not being an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other

100 (2)(e) A person being an authorised registrar, purports to register two people as civil partners of each other without both of them being present

100 (2)(f) A person being an authorised registrar, purports to register two people as civil partners of each other in a place other than a registration office or a place agreed under section 93

158 Any registrar who signs a civil partnership schedule in the absence of the civil partners

204 Making or signing a false statement to procure the formation of a civil partnership (Northern Ireland)

Schedule 16 paragraph 26(4) Failure, without reasonable excuse, to give notice as required by sub-paragraph (3)

Schedule 16 paragraph 27(9) Failure, without reasonable excuse, to give notice as required by sub-paragraph (8)

Companies (Audit, Investigations and Community Enterprise Act 2004 8 Knowingly or recklessly making to an auditor of a company a statement (oral or written) that conveys or purports to convey any information or explanations which the auditor requires, or is entitled to require, under section 389A(l)(b), which is misleading, false or deceptive in a material particular

8 Failure to comply with a requirement under section 389A(l)(b) without delay

8 Failure of a company to comply with section 3 89A(5)

9 (3) Making a misleading statement or knowing such a statement was misleading, and failing to prevent such a statement from being made

11 Contravention of Section 245E (1) or (2)

11 Contravention of 253E (1) or (2)

11 Disclosure of information in contravention of section 245G

23 Intentional obstruction of a person lawfully acting under Section 453 A (2) or (4)

45 Failure of a company to comply with Section 45 (10)

48 Contravention of an order under Section 48 (2) or (3)

59 Disclosure of information in contravention of a restriction imposed under 59 (8)

Schedule 6, paragraph 6 Improper use of "community interest company" and "community interest public limited company" or its Welsh equivalent ("cwmni buddiant cymunedol cyhoeddus cyfyngedig")

Schedule 7, paragraph 5 (2) Knowingly or recklessly providing information which is false in a material particular

Energy Act 2004 97 (1) Entry of a vessel in a safety zone in contravention of section 96(1)

97 (3) A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2)

97 (4) Contravention of a condition granted for the purposes of section 96

98 Commission of an offence under Section97 by persons other than by owner or master of vessel

107 Failure without reasonable excuse to comply with a notice under section107(5)

109 Taking any measures for decommissioning not in accordance with the programme or with the agreement of the Secretary of State

110 Failure to comply with a notice under section 110

Schedule 22 Wilful alteration, suppression or destruction of a document required to be produced under paragraph 8

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Index

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Act	Section	Offence
Communications Act 2003(except Parts 3 and 4, which were sponsored by the Department for Culture, Media and Sport)	43	Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 42 or is in contravention of a restriction contained in such a direction

	103 (1)	Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 98(4) or 100; or is in contravention of a restriction contained in such a direction

	103 (2)	Supplying electronic communications apparatus while prohibited from doing so by a direction under section 101; or in contravention of a restriction contained in such a direction

	125	Dishonestly obtaining an electronic communications service which is done so with intent to avoid payment of a charge applicable to the provision of that service

	126	Having possession of or under their control anything that may be used for obtaining an electronic communications service; or in connection with obtaining such a service

	127	Sending by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or causes any such message or matter to be so sent

	133	Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 132; or in contravention of a restriction contained in such a direction

	143 (1)	Providing an electronic communications network or electronic communications service, or making available any associated facility while the entitlement to do so is suspended by a direction under section 140; or in contravention of a restriction contained in such a direction

	143 (2)	Supplying electronic communications apparatus while prohibited from doing so by a direction under section 141; or in contravention of a restriction contained in such a direction

	144 (1)	Failing to provide information in accordance with a requirement of Ofcom under section 135 or 136

	144 (3)	Providing any information (required under section 135 or 136) that is false in any material particular; and at the time it is provided, the person either knows it to be false or is reckless as to whether or not it is false

	171	Failure to provide information in accordance with a requirement of Ofcom under this section

	171	Providing information that is false and at the time it is provided it is known to be false or is reckless as to whether or not it is false

	393	Disclosure of information in contravention of section 393

Act	Section	Offence
Civil Partnership Act 2004	32 (l)(a)	Giving information by way of evidence in response to a requirement under section22(1), knowing that the information is false

	32 (l)(b)	Giving a certificate as provided for by section 22(3), knowing that the certificate is false

	32 (2)	A person in his actual or purported capacity as a civil partnership registrar officiates at the signing of a Registrar General's licence by proposed civil partners knowing that he does so:- (a) at a place other than the place specified in the licence, (b) in the absence of a civil partnership registrar, (c) after the end of 1 month from the day on which the notice of proposed civil partnership was given, or (d) even though the civil partnership is void under section 49(b) or (c)

	33 (1)	Refusal or failure of civil partnership registrar to comply with the provisions of Chapter 1 or of any regulations made under section 36

	33 (3)	Refusal or without reasonable cause omits to record information required to be recorded under section 2(4)

	33 (5)	Recording in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) or (c)

	33 (7)	Recording in the register information relating to the formation of a civil partnership by the signing of a Registrar General's licence, knowing that the civil partnership is void under section 49(b) or (c)

	80	Making or signing a false statement to procure the formation of a civil partnership

	100 (1)	Registering in Scotland as the civil partner of another person knowing that either or both are already married or are in a civil partnership.

	100 (2)(a)	Knowingly falsifying or forging any civil partnership document

	100 (2)(b)	Using, giving or sending to any person as genuine, any false or forged civil partnership document

	100 (2)(c)	A person being an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed

	100 (2)(d)	A person not being an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other
	100 (2)(e)	A person being an authorised registrar, purports to register two people as civil partners of each other without both of them being present

	100 (2)(f)	A person being an authorised registrar, purports to register two people as civil partners of each other in a place other than a registration office or a place agreed under section 93

	158	Any registrar who signs a civil partnership schedule in the absence of the civil partners

	204	Making or signing a false statement to procure the formation of a civil partnership (Northern Ireland)

	Schedule 16 paragraph 26(4)	Failure, without reasonable excuse, to give notice as required by sub-paragraph (3)

	Schedule 16 paragraph 27(9)	Failure, without reasonable excuse, to give notice as required by sub-paragraph (8)

Companies (Audit, Investigations and Community Enterprise Act 2004	8	Knowingly or recklessly making to an auditor of a company a statement (oral or written) that conveys or purports to convey any information or explanations which the auditor requires, or is entitled to require, under section 389A(l)(b), which is misleading, false or deceptive in a material particular

	8	Failure to comply with a requirement under section 389A(l)(b) without delay

	8	Failure of a company to comply with section 3 89A(5)

	9 (3)	Making a misleading statement or knowing such a statement was misleading, and failing to prevent such a statement from being made

	11	Contravention of Section 245E (1) or (2)

	11	Contravention of 253E (1) or (2)

	11	Disclosure of information in contravention of section 245G

	23	Intentional obstruction of a person lawfully acting under Section 453 A (2) or (4)

	45	Failure of a company to comply with Section 45 (10)

	48	Contravention of an order under Section 48 (2) or (3)

	59	Disclosure of information in contravention of a restriction imposed under 59 (8)

	Schedule 6, paragraph 6	Improper use of "community interest company" and "community interest public limited company" or its Welsh equivalent ("cwmni buddiant cymunedol cyhoeddus cyfyngedig")

	Schedule 7, paragraph 5 (2)	Knowingly or recklessly providing information which is false in a material particular

Energy Act 2004	97 (1)	Entry of a vessel in a safety zone in contravention of section 96(1)

	97 (3)	A person who carries on an activity wholly or partly in a safety zone in contravention of section 96(2)

	97 (4)	Contravention of a condition granted for the purposes of section 96

	98	Commission of an offence under Section97 by persons other than by owner or master of vessel
	107	Failure without reasonable excuse to comply with a notice under section107(5)

	109	Taking any measures for decommissioning not in accordance with the programme or with the agreement of the Secretary of State

	110	Failure to comply with a notice under section 110

	Schedule 22	Wilful alteration, suppression or destruction of a document required to be produced under paragraph 8