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Written Answers to Questions

Wednesday 25 May 2005

EDUCATION AND SKILLS

Further Education

Annette Brooke: To ask the Secretary of State for Education and Skills (1) what changes are planned to the budget for further education colleges in England for the academic year 2005/06; [742]

(2) what provision is being made for colleges of further education in England to maintain existing part-time adult courses. [760]

Bill Rammell: On 15 November 2004 the Learning and Skills Council (LSC) received its grant letter for 2005/06 from the Department. The letter reiterated our key priorities for 2005/06 to meet the needs of young people, those lacking literacy, numeracy and English language skills and those without a foundation of skills for employment. It also allocated an additional £630 million for the financial year 2005–06 when compared to 2004–05 planned expenditure—an increase of over 7 per cent. The LSC allocates funds to providers to deliver our priorities which are set out annually in the grant letter. Individual colleges and providers agree plans with the LSC and funding is allocated accordingly.

ENVIRONMENT, FOOD AND RURAL AFFAIRS

Dairy Cattle

Mr. Drew: To ask the Secretary of State for Environment, Food and Rural Affairs whether cull dairy cows destined for the beef market after the end of the over-30-months scheme will be subject to dual inspection by milk and meat inspectors. [149]

Caroline Flint: I have been asked to reply.

I am advised by the Food Standards Agency that dairy hygiene inspectors carry out hygiene inspections focusing on facilities and equipment on production holdings. When the restrictions imposed by the over-30-months scheme are eventually lifted, dairy cows, which are no longer required to produce milk for human consumption can be slaughtered for meat for human consumption in licensed slaughterhouses. All such animals would be subject to ante-mortem and post-mortem inspections in licensed slaughterhouses by an official veterinary surgeon.

Motor Sports

Miss McIntosh: To ask the Secretary of State for Environment, Food and Rural Affairs (1) under what circumstances motor sports can take place on land eligible for single farm payments; [37]
 
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(2) if the Government will grant a general exemption to motor sports taking place on land eligible for single farm payments on the same basis as other activities that are allowed on such land; [38]

(3) if she will include motorcycle trials in Section B of the Guidance on Single Farm Payment Scheme and Non-Agricultural Use as an activity with restriction and remove them from Section C. [39]

Jim Knight: Land used in support of claims for payment under the 2005 Single Payment Scheme (SPS) must be at claimants' disposal for the 10-month period nominated on their claim forms. Under recently updated guidance issued by the Department, motor sports have been moved to Section B from Section C. This means such may take place on up to 28 days during the nominated 10-month period, in addition to all of the remaining two months of the year. It remains the case that all claims for payment are subject to observance of set cross-compliance conditions, which apply for the whole calendar year. There are no immediate plans to further update the guidance, but it will be reviewed for the 2006 scheme in the light of experience of this first year of operation of the SPS.

Miss McIntosh: To ask the Secretary of State for Environment, Food and Rural Affairs what her policy is on whether motor sports are an activity which is consistent with land being considered as remaining in agricultural use. [40]

Jim Knight: The Department has drawn up guidance on the Single Payment Scheme (SPS) and non-agricultural use of land which balances the need for diversification opportunities with the necessity to abide by the EU rules on eligibility of land under the scheme. That guidance is built around the degree to which non-agricultural use impedes or is inconsistent with normal farming activities and has recently been updated to provide for more flexibility in respect of motor sports.

Mr. Drew: To ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the impact of the Single Farm Payment Scheme on farm land being used for motor sports. [148]

Jim Knight: Land used in support of claims for payment under the 2005 Single Payment Scheme (SPS) must be at claimants' disposal for the 10-month period nominated on their claim forms. Under recently updated guidance issued by the Department, motor sports may take place on up to 28 days during the nominated 10-month period, in addition to all of the remaining two months of the year. It remains the case that all claims for payment are subject to observance of set cross-compliance conditions, which apply for the whole calendar year. The updated guidance takes on board representations made by motor sports interests and, overall, we would expect the impact of the SPS on farmland used for such sports to be limited.

Stephen Byers: To ask the Secretary of State for Environment, Food and Rural Affairs what plans she has to define motorcycle trials as an activity with greater restriction for the purposes of the guidance on the single payment scheme and non-agricultural use. [830]

Jim Knight [holding answer 24 May 2005]: Land used in support of claims for payment under the 2005 Single Payment Scheme (SPS) must be at claimants' disposal
 
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for the 10-month period nominated on their claim forms. Under recently updated guidance issued by the Department, motor sports, including motorcycle trials, may take place on up to 28 days during the nominated 10-month period, in addition to all of the remaining two months of the year. It remains the case that all claims for payment are subject to observance of set cross-compliance conditions, which apply for the whole calendar year. There are no immediate plans to further update the guidance, but it will be reviewed for the 2006 scheme in the light of experience of this first year of operation of the SPS.

SOLICITOR-GENERAL

Rape Trials

Vera Baird: To ask the Solicitor-General what assessment he has made of the reasons for the attrition rate in rape prosecutions. [593]

The Solicitor-General: Research indicates a number of reasons for the attrition rate in rape cases. Victims may withdraw for fear of not being believed; others are fearful that judgments will be made about their behaviour; some withdraw through fear of the process, particularly the court system; and victims can be scared of reprisals.

In 2002, the Government implemented the Rape Action Plan (RAP) in order to address these issues. There will be an audit of its implementation later this year. HMIC and HMCPSI will then review again the manner in which the police and the CPS deal with rape cases. This review work will enable the Government to determine what is working and what remains to be done in tackling attrition in rape cases.

Vera Baird: To ask the Solicitor-General what the Crown Prosecution Service's policy is on dealing with defence applications to admit previous sexual history in rape cases which were not made in accordance with rules of court prior to trial. [597]

The Solicitor-General: The Crown Prosecution Service's policy is that advocates must be robust both in dealing with such applications and in ensuring that the correct procedure is followed. This applies to applications made before the trial and at trial. The policy also provides that, if the court grants leave to cross-examine a complainant about previous sexual history, the prosecuting advocate should review the position relating to special measures, and in particular should consider whether it is necessary to make an application to the court for one more of the special measures provided by the Youth Justice and Criminal Evidence Act 1999, or to apply to vary a pre-existing direction.

Vera Baird: To ask the Solicitor-General (1) what monitoring is carried out by (a) the Law Officers and (b) the Crown Prosecution Service on the timing of applications by the defence to admit previous sexual history in rape trials, in relation to the trial date; [598]

(2) what monitoring is carried out by (a) the Law Officers and (b) the Crown Prosecution Service of defence applications to introduce previous sexual history into rape trials. [599]

 
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The Solicitor-General: The joint inspection of rape cases carried out in 2002 by HMIC and HMCPSI made a large number of recommendations to improve the investigation and prosecution of rape cases, nearly all of which the Government accepted. It was not recommended that either the Law Officers or the Crown Prosecution Service monitor applications to admit previous sexual history or the timing of such applications, and no such monitoring is carried out. But the Home Office has commissioned research into the operation of section 41 Youth Justice and Criminal Evidence Act 1999, which it will publish in due course.

Vera Baird: To ask the Solicitor-General what quality control the Crown Prosecution Service carries out on barristers instructed to prosecute rape trials. [600]

The Solicitor-General: The Crown Prosecution Service instructs experienced and committed advocates to prosecute cases involving allegations of rape. This involves seeking to instruct advocates of the necessary skill, competence and sensitivity to prosecute rape cases. In London and the south-east advocates are instructed from a specialist list. In other parts of the country, Grade 4 advocates are instructed where possible. CPS Areas have been advised in guidance issued in August 2003 that local monitoring is appropriate. Examples of local monitoring carried out by CPS Areas include the monitoring of the performance of counsel at trial by experienced caseworkers; monitoring by rape specialists for part of the trial and the raising of performance issues with local Heads of Chambers and at Joint Advocates Selection Committee as appropriate.

Vera Baird: To ask the Solicitor-General how many specialist rape prosecutors there are in England and Wales. [601]

The Solicitor-General: The CPS has appointed 520 specialist rape prosecutors across England and Wales. In addition, each area appoints a rape co-ordinator, whose function is to provide guidance on good practice to specialist rape prosecutors.

Vera Baird: To ask the Solicitor-General what advice the Crown Prosecution Service gives to police about the inclusion of details of a rape complainant's previous sexual history in a witness statement made for trial. [602]

The Solicitor-General: It is the duty of the police to investigate allegations of rape and to obtain evidence. The relevance, and so the admissibility, of a complainant's previous sexual history has to be resolved according to the particular circumstances of the case. Accordingly, there is no general advice given by the Crown Prosecution Service to the police about the inclusion of details of a rape complainant's previous sexual history in a witness statement.

Vera Baird: To ask the Solicitor-General what proportion of applications to admit previous sexual history into rape trials was opposed in the last period for which figures are available; and what proportion was not opposed by the Crown Prosecution Service. [606]

The Solicitor-General: The Crown Prosecution Service does not keep statistical records of applications to admit previous sexual history in rape trials, and so there are no figures available to ascertain the proportion of applications that were opposed and not opposed.
 
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The Home Office has commissioned research into the operation of section 41 Youth Justice and Criminal Evidence Act 1999, which it will publish in due course.

Vera Baird: To ask the Solicitor-General what training the Crown Prosecution Service provides for barristers instructed for the prosecution in rape cases. [607]

The Solicitor-General: In November 2004, the CPS provided training to the Criminal Bar Association on its legal guidance on the Sexual Offences Act 2003, and in particular on the exercise of prosecutorial discretion and charging under the 2003 Act. On a local level, some CPS Areas have provided training to their local bar on the Sexual Offences Act 2003 as well as circulating to them the CPS public policy statement on rape.

The CPS is presently in discussion with the Head of Education and Training for the Bar and the Criminal Bar Association on the best way to deliver, accredit and evaluate training to prosecution advocates on sexual offences.

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