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22 Oct 2008 : Column 449W—continued

Powers of Entry

Mr. Baron: To ask the Secretary of State for the Home Department (1) what categories of public official may enter a private residence without the permission of the (a) owner and (b) occupier (i) with and (ii) without advance notice; and under what circumstances such entry may lawfully be made; [224462]

(2) which categories of public official may (a) enter a place of business and (b) call a halt to (i) trading and (ii) production (A) with and (B) without advance notice; and what the circumstances are in which such actions may lawfully be taken in each case. [224464]

Mr. Coaker [holding answer 6 October 2008]: Powers of entry with or without warrant by definition do not require the consent of the owner or occupier of the premises. The list of powers of entry to all premises is contained on the Powers of Entry Review webpage at:

The content of the list are currently subject to verification with other Government Departments and investigating agencies. Specific powers where prior notice is required are set out in the following table.

The ability to require a cessation to operating functions is an enforcement power. Such enforcement action would not be conditional on the exercise of a power of entry. The list sets out statute which provides for cessation and which also contains a power of entry.


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Primary legislation
Statute Power Who may enter Other powers

Fire and Rescue Services Act 2004

s.44: Powers of fire-fighters in an emergency.

Employee of fire and rescue authority in writing

May restrict access of persons to premises or place.

Health and Safety at Work etc Act 1974

s.20: Powers of Inspectors.

Inspectors appointed under the Act

Comprehensive list of powers of examination/investigation which includes power to direct that premises or parts are left undisturbed for as long as reasonably necessary to complete the examination.

Housing Act 2004

s.40 Emergency Remedial action.

Local housing authority

May take emergency remedial action.

Sch. 3, para. 3: Entry by local housing authorities to take action regarding improvement Notices without agreement.

Local housing authority

Person authorised in writing by local housing authority may take action in relation to hazard



22 Oct 2008 : Column 451W
Secondary legislation
Statutory instrument (year/number) Power Who may enter Other powers

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 [2006/2702]

Art 72(2): Entry to decide whether to grant/ maintain licence to move anything.

Inspector or person authorised by SoS

Article 82—general powers of inspectors when performing functions under this Order includes cleansing and disinfecting etc.

Enzootic Bovine Leukosis (England) Order 2000 [20002056]

Art 10(3): Entry where notice served under (1) for purposes of cleansing and disinfection.

Veterinary Inspector

May cause to carry out cleansing disinfection -may recover expenses from person in default.

Enzootic Bovine Leukosis (Wales) Order 2006 [2006/867]

Art 11(3): Entry where notice served under (1) for purposes of cleansing and disinfection.

Veterinary Inspector

May cause to carry out cleansing disinfection -may recover expenses from person in default.

Importation of Animal Pathogens Order 1980 [1980/212]

Art 6(5): Entry by inspectors where notice served under para (3) regarding cleansing and disinfecting not complied with.

Veterinary Inspector

May cause to carry out cleansing disinfection.

Marketing of Fruit Plant Material Regulations 1995 [1995/2653]

Reg 12(1): Entry to ascertain whether a contravention of these regulations.

Inspector

May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until reasonable measures specified in notice carried out.

Marketing of Ornamental Plant Propagating Material Regulations 1999(1999/180]

Reg 13(1): Entry to ascertain whether a contravention of these regulations.

Inspector

May serve notice on supplier of failure to comply with these regulations and require not to move/ market propagating material until such reasonable measures specified in notice carried out.

Marketing of Vegetable Plant Material Regulations 1995 [1995/2652]

Reg 11 (1): Entry to ascertain whether a contravention of these regulations..

Inspector

May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until such reasonable measures specified in notice are carried out.

Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 [1997/1729]

Reg 16: Entry following failure to comply with notice served under these regulations.

Veterinary Inspector

May take or cause to be taken such necessary steps to ensure compliance with requirements of notice. Costs may be recoverable.

Gas Safety (Rights of Entry) Regulations 1996 [1996/2535]

Reg 4 (1): Entry by gas transporter to deal with gas escapes of gas conveyed by the transporter.

Officer authorised by transporter

Carry out work necessary to prevent the escape of gas and take any other steps to avert danger to life or property.

Reg 5: Power to enter premises for purposes of inspection, testing, disconnection etc.

Officer authorised by the relevant authority

If necessary to avert danger to life or property, disconnect and seal off any gas fitting or any part of the gas system, or disconnect the premises, or if not connected, signify refusal to convey gas to premises etc.

Gas Safety (Management) Regulations 1996 [1996/551]

Reg 7 (4) and (5): Entry to relevant place by person conveying gas when carrying out duty to prevent gas escaping.

Person conveying gas

Take all steps necessary to avert clanger to persons from entry of gas.

Submarine Pipe-lines (Inspectors etc) Regulations 1977 [1977/835]

Art3(1)(b): Entry to premises for purposes of inspecting pipe-lines.

Inspector appointed by SoS

If risk of Sch. 1 occurrence (concern actual or potential danger etc.) require remedial/preventative action, shut down if serious risk.


Mr. Ancram: To ask the Secretary of State for the Home Department how many powers of entry have been established in legislation introduced by her Department since 1997; and how many have been abolished. [228059]


22 Oct 2008 : Column 452W

Mr. Coaker: Further to my reply to the hon. Member for Rochford and Southend, East (James Duddridge) answered on 7 October 2008, Official Report, column 577W, a revised table has been placed in the House Library showing powers of entry introduced since 1997.

The revised table identifies that there are currently 73 primary enactments and 202 statutory instruments containing reference to a power of entry in England and Wales that are in effect and have been introduced since 1997 .

We have not collected information on the number of powers that have been repealed or revoked since 1997. This is because the review is focusing on the development of a framework for existing and future powers.

Racially Aggravated Offences: Detection Rates

Mr. Carmichael: To ask the Secretary of State for the Home Department what the prosecution rate was for racist hate crime detected by the Metropolitan Police in each of the last five years. [227420]

Mr. Alan Campbell: The information is not available centrally. While the Home Office collects statistics on racially or religiously aggravated offences detected by the police, it is not possible to determine those which result in a prosecution.

Redundancy

Chris Huhne: To ask the Secretary of State for the Home Department what her most recent estimate is of the cost of redundancies in her Department arising from the conclusions of the Gershon review. [217324]

Jacqui Smith: It is not possible to identify the number of early departures, the exact nature and circumstances of individual departures or associated costs that have occurred in the Home Office as a direct result of the Gershon review without incurring a disproportionate cost.

Central information held on early departures does not distinguish between those who might have been compelled to leave the Department on compulsory redundancy terms, and those who wished to leave voluntarily on similar terms. It would be necessary to review individual files to extract the information requested.

Work Permits

Simon Hughes: To ask the Secretary of State for the Home Department how many work permit applications were outstanding at the time of the replacement of the work permit scheme. [223732]

Mr. Woolas: The points system will go live later in the autumn.

Duchy of Lancaster

Departmental Accounting

James Duddridge: To ask the Chancellor of the Duchy of Lancaster pursuant to the answer to the hon. Member for Fareham (Mr. Hoban) on 15 September
22 Oct 2008 : Column 453W
2008, Official Report, column 2016W, on the departmental internet, when the Cabinet Office's resource accounts will be audited; and when the audited accounts will be published. [227465]

Kevin Brennan: The Cabinet Office expects its resource accounts for the year ending 31 March 2009 to be audited and published shortly before the summer parliamentary recess in 2009.

Departmental Pay

David Simpson: To ask the Chancellor of the Duchy of Lancaster how many non-pensionable bonuses were awarded to members of staff in his Department in the last 12 months; and at what total cost. [226412]

Mr. Watson: The information requested is a matter of public record. I refer the hon. Member to the answer I gave to the hon. Member for Runnymede and Weybridge (Mr. Hammond) on 6 June 2008, Official Report, column 1185W.

International Development

Christmas

Mr. Prisk: To ask the Secretary of State for International Development how many Christmas functions (a) he, (b) officials from his Department and (c) officials from its executive agencies (i) hosted and (ii) attended in 2007-08; what the cost to the public purse was; and if he will make a statement. [226955]

Mr. Douglas Alexander: The information requested is not held centrally and could be obtained only at disproportionate cost. All entertainment is made in accordance with published departmental guidance on financial procedures and propriety.

Cuba: Hurricanes and Tornadoes

Adam Price: To ask the Secretary of State for International Development if the Government will provide humanitarian aid to Cuba following the recent hurricanes. [228804]

Mr. Michael Foster: The Department for International Development (DFID) has provided £250,000 in direct humanitarian aid to Cuba through the International Red Cross for shelter material and water filters for some 40,000 people. In addition, the European Commission Humanitarian Office (ECHO) has announced a relief contribution of €2 million, of which 17.5 per cent. is funded by DFID. The United Nations Relief Agencies have mobilised $8.6 million for relief and rehabilitation works in Cuba, $1.6 million of which is funded by DFID through the UN. However, the UN remains in negotiation with the Cuban authorities on full access and co-operation in order to use that money. We also understand that the Cuban Government has received offers totalling $30.5 million from a number of countries to assist with their reconstruction and emergency response efforts following the impact of the recent hurricanes.


22 Oct 2008 : Column 454W

Departmental Finance

Keith Vaz: To ask the Secretary of State for International Development how his Department's budget was allocated between the different functions of the Department in the most recent year for which figures are available. [227493]

Mr. Douglas Alexander: Budget information for the financial year 2008-09 at a divisional/sub-division level is detailed in the following table.

£ 000
Division / Subdivisions 2008-09

Corporate Performance

Top Management Group

4,580

Information Systems Division Level

12,656

Finance and Corporate Performance Division

7,258

Human Resources Division

54,153

Communications Division

33,741

Internal Audit

1,300

Evaluation Department

4,302

Centrally Managed Costs and Contingency

205,233

Policy And International

International Finance and Development Effectiveness

985,615

Policy and Research Division

503,862

United Nations, Conflict and Humanitarian Div

417,163

Europe and Donor Relations Division

1,084,247

Regional Programmes

Pan-Africa Strategy and Programmes

87,461

South Asia Division

700,829

Europe, Middle East, Americas and Central and East Asia

403,219

West and Southern Africa

539,677

East and Central Africa

707,893

Grand Total

5,748,609


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