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Written Answers to Questions
Monday 10 October 2005
SOLICITOR-GENERAL
Army Prosecution Authority
Mr. Wallace: To ask the Solicitor-General how many times the Attorney-General (1) has intervened in cases being investigated by the Army Prosecution Authority in each year since 1996; [15049]
(2) has intervened in cases being investigated by the Army Prosecution Authority in each of the last 10 years. [15630]
The Solicitor-General:
The Attorney-General is the superintending minister for the Service Prosecuting
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Authorities and therefore meets regularly with all three prosecuting authorities. They consult with him about a wide range of cases, in particular the most serious and complex.
Alcohol Sales (Prosecutions)
Mr. Amess: To ask the Solicitor-General how many prosecutions were brought by the Crown Prosecution Service in Southend against (a) nightclubs and (b) public houses for supplying alcohol to under-aged purchasers in each of the last three years for which figures are available; and if he will make a statement. [14138]
The Solicitor-General: It is not possible to separately identify instances of nightclubs and public houses prosecuted for supplying alcohol to under-aged purchasers on the Home Office Court Proceedings Database. The available data relates to all on and off licensed premises and are collated on a principal offence basis. The total figures are set out in the table that follows.
(1)These data are on the principal offence basis.
(2)Offence relates to all on and off licensed premises.
(3)Not available.
Correspondence
Mr. Burstow: To ask the Solicitor-General how many letters to the Law Officers from hon. Members in session (a) 2004–05 and (b) 2005–06 remain unanswered, broken down by those which are (i) one month old, (ii) two months old, (iii) three months old, (iv) four months old and (v) over six months old. [13848]
The Solicitor-General: From 2004 (a) no letters are outstanding.
From 2005 (b) the figures are: (i) none; (ii) one; (iii)none; (iv) one; (v) one.
The Cabinet Office, on an annual basis, publishes a report to Parliament on the performance of Departments in replying to Members/Peers correspondence. The Report for 2004 was published on 6 April 2005 (col.137–40ws).
Crown Prosecution Service
Sarah Teather: To ask the Solicitor-General how many cases referred to the Crown Prosecution Service in London have not been proceeded with because of the unwillingness of witnesses to give evidence in each year since 1997. [15355]
The Solicitor-General: During the year ending March 2005, 3,803 (2.2 per cent.) of all finalised CPS London cases resulted in an unsuccessful outcome through the unwillingness or non-attendance of witnesses. Comparable figures are not held for previous years.
Domestic Violence
Mr. MacShane: To ask the Solicitor-General what guidelines on Government policy on domestic violence the Crown Prosecution Service followed before making its decision to drop criminal charges relating to an alleged assault on Ms Annajoy David Da-Bora by her former partner and the abduction of her daughter. [15047]
The Solicitor-General: The Crown Prosecution Service (CPS) policy on domestic violence is set out in its policy booklet, published November 2001 and updated in February this year, entitled Policy for Prosecuting Cases of Domestic Violence".
The guidance contained within the booklet was fully considered and applied to the decision-making process in this case. In so doing, particular reference was made to the detrimental effect that continuing the prosecution would have had upon Ms Da-Bora's daughter.
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In this case, the proper application of the CPS's domestic violence policy and the Code for Crown Prosecutors meant that the prosecution could not proceed. This decision and the reasons for it were subsequently explained in writing to Ms Annajoy David Da-Bora.
Handcuffs (Exports)
Lynne Jones: To ask the Solicitor-General what action is to be taken in response to the report submitted to the Revenue and Customs Prosecution Office by HM Revenue and Customs into large hiatt handcuffs; and if he will make a statement. [16389]
The Solicitor-General: The report from HM Revenue and Customs has been considered by Revenue and Customs Prosecutions Office (RCPO), the independent prosecution authority. RCPO has reviewed the evidence against the tests set out in the Code for Crown Prosecutors and has decided that there should not be a prosecution in this case.
Iraq
Mike Penning: To ask the Solicitor-General if he will list UK-based law firms that have been involved in legal cases in which all proceedings are complete in support of claims by foreign nationals against Her Majesty's forces in Iraq; and what public funds each received. [16065]
The Solicitor-General: There are no cases as described in which all proceedings are complete.
Military Nuclear Waste
Mike Penning: To ask the Solicitor-General if he will make a statement on European Court of Justice case C-61·03 OJ C132 vol. 48, of 28 May, on the decommissioning of military nuclear waste. [15974]
The Solicitor-General: The European Commission brought the case alleging that the UK had failed to fulfil its obligation to provide the Commission with data on the decommissioning of the 'Jason' reactor at the Royal Naval College in Greenwich, as required by article 37 of the Euratom treaty. The UK argued that the treaty does not apply to the use of nuclear energy for military activities and that therefore it was under no duty to provide the Commission with data on the decommissioning. The European Court of Justice found that the Euratom treaty is not applicable to uses of nuclear energy for military purposes and held that article 37 did not apply to the decommissioning of the Jason reactor.
DEFENCE
Security, Terrorism and the UK" Report
Alan Simpson: To ask the Secretary of State for Defence whether he has read the report, Security, Terrorism and the UK", jointly published by the Economic and Social Research Council and Chatham House. [15026]
John Reid:
Yes.
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Aarhus Convention
Mike Penning: To ask the Secretary of State for Defence if he will make a statement on UK participation in the Aarhus Convention as it applies to freedom of information obligations in environmental affairs of a defence nature, with particular reference to (a) depleted uranium and (b) nuclear material. [16058]
Mr. Touhig: Under the auspices of my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs, the provisions of the Aarhus Convention relating to public access to environmental information have been implemented by the Environmental Information Regulations 2004. The Ministry of Defence is subject to both the Environmental Information Regulations and the Freedom of Information Act 2000. Any requests to the Department for information about depleted uranium or nuclear material are answered in accordance with the terms of the relevant legislation.
Aircraft Carriers
Mr. Gerald Howarth: To ask the Secretary of State for Defence what his Department's latest estimate is of the (a) complement, (b) displacement and (c) cost of the future aircraft carriers. [15401]
Mr. Ingram: The future aircraft carrier project is in its assessment phase, the aim of which is to inform how best to meet our developing capability requirements and to balance the key parameters of performance, time and cost. The complement and displacement of the carriers form part of that assessment and final decisions on these and other main specifications have yet to be taken. Such details, together with estimated costs, are being constantly refined and it would be unhelpful to focus on specific figures until after the main investment decision.
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