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23 Apr 2009 : Column 854W—continued
Non-compliance with condition of firearm certificate(1)
Making false statement to obtain permit(1)
Trespassing with firearm on land(2)
Person under 17 purchasing or hiring firearm or ammunition(2)
Taking firearms or ammunition in pawn
Pawnbroker taking shotgun in pawn(3)
Failure of an individual to comply with any condition of an authority vested in him
Non-compliance to surrender an authority
Restricting removal of firearms
Making false statement to obtain permit(1)
Making false statement to obtain permit for removal of signalling apparatus
Trespassing with firearm in a building(2)
Person under 14 having firearm or ammunition in his possession(3)
Person under 15 having with him a shotgun without adult supervision(4)
Person under 17 having with him an air weapon or ammunition
Person under 17 making improper use of air weapon when under supervision
Person supervising permitting improper use of air weapon by person under 17
Selling or letting on hire a firearm or ammunition to person under 17(1)
Making a gift or lending any firearm or ammunition to person under 14(3)
Making gift of shotgun to person under 15(4)
Supplying air weapon to person under 17(5)
Supplying firearm to person drunk or insane(2)
Making false statement to obtain grant or renewal of firearm certificate(1)
Failure to surrender certificate on removal of dealer’s name from register
Making false statement to secure registration of a place of business
Registered dealer failing to have place of business entered in register
Non-compliance with condition of registration
Non-compliance by dealer as to register of transactions-false entry
Failing to report a transaction authorised by a visitor’s shotgun permit(4)
Failure to surrender firearm or ammunition on demand by constable(2)
Failure to comply with requirements of a constable to declare name and address(1)
Failure to give constable facilities for examination of firearms in transit(3)
Failure to surrender firearm certificate(1)
Offences under Firearms Act 1968 as amended by Firearms (Amendment) Act 1988
Making false statement to obtain permit to auction firearms etc.(1)
Failing to surrender firearm certificate or firearm or ammunition on revocation of certificate(1)
Firearms Act 1968 as added by Violent Crime Reduction Act 2006
Fire an air weapon beyond premises
Person under 18 purchasing or hiring firearm or ammunition(2)
Selling or letting on hire a firearm or ammunition to person under 18(5)
Person under 18 purchasing an imitation firearm; selling an imitation firearm to person under 18
Firearms Act 1968 as added by Firearms (Amendment) Act 1997
Obstructing constable or civilian in exercise of search powers
Transfers of shotguns(4)
Restriction on sale of ammunition for smooth-bore guns(4)
Auctioneer, carrier or warehouseman failing to keep firearms and ammunition safe or failing to report loss or theft(1)
Obstructing a constable entering or inspecting an approved rifle/pistol club
Making false statement to obtain a visitor’s permit(1)
Failing to comply with conditions on a visitor’s permit(1)
Firearms dealer failing to inform police of sale of firearms for export(1)
Making a false statement to obtain, or not complying with, museum licence
Failing to comply with condition of museum licence
Failing to surrender a revoked museum licence
Failure to transfer shotgun in person(4)
Failing to comply with instruction in shotgun certificate upon transfer to person other than registered dealer(4)
Failure to give notice in writing to the Chief Officer of Police of transfers involving shotguns(4)
Failure by certificate holder to give written notice to the Chief Officer of Police of deactivation, destruction or loss of shotgun(4)
Failure by certificate holder to notify in writing to the Chief Officer of Police of events taking place outside Great Britain involving shotguns (sold or otherwise disposed of, lost etc.)(4)
(1) Group I, Group II offence
(2) Group I, Group II, Group III offence
(3) Group I Offence
(4) Group II Offence
(5) Group III Offence
Foreign Workers
Mr. Soames: To ask the Secretary of State for the Home Department pursuant to the answer of 10 February 2009, Official Report, column 1829W, on foreign workers, what the definition of a temporary worker under Mode 4 of the general agreement in trade and services is. [267775]
Mr. Woolas [holding answer 30 March 2009]: The definition of a temporary worker under mode 4 of the general agreement on trade in services is in the public domain and can be found in the current EC services offer in the Doha development agenda (DDA) negotiations on the World Trade Organisation website:
A hard copy of the EC services offer will be placed in the House Library.
Immigration Controls: Educational Institutions
Mr. Oaten: To ask the Secretary of State for the Home Department how many academic advisors the UK Border Agency employs to assess whether students have made sufficient academic progress under the requirements of Tier 4 of the immigration controls established in 2008. [261850]
Mr. Woolas [holding answer 9 March 2009]: The UK Border Agency does not assess whether students have made sufficient academic progress under the requirements of tier 4 of the points based system (PBS). The education provider, as a licensed sponsor, will be relied upon to make this assessment.
The phased implementation of tier 4 of the points based system commenced on 28 July 2008, when the UK Border Agency started accepting sponsor licence applications from educational institutions that wish to bring students from outside the European economic area to the UK for study. The Statement of Changes to the Immigration Rules (HC 314) laid before the House on 9 March 2009 marks the start of the second phase: from 31 March 2009, only UK Border Agency licensed institutions will be able to bring students to the UK, and student applicants will need to meet the tier 4 points test before being granted leave to enter or remain. No student has yet been assessed under tier 4 of the PBS.
UK Border Agency officers are not best-placed to make academic judgments about the ability for a student to carry out a course, that is why under tier 4 we are replacing the current subjective criteria with clear and objective tests. Under tier 4, the education provider, as a licensed sponsor, will be relied upon to make the assessment as to whether a student has made sufficient academic progress. The sponsor may only issue a visa letter to the student if it is satisfied that the student both intends and is able to follow the course of study concerned.
Immigration: Appeals
Damian Green: To ask the Secretary of State for the Home Department how many appeals under the points-based immigration system have resulted from errors in registering the date on which an application was submitted. [267450]
Mr. Woolas: Under the points-based system, where an application for leave to enter the UK is refused, the applicant does not have a right of appeal, although they may ask for us to review our decision. This is known as Administrative Review.
Where an application for leave to remain in the UK is refused a right of appeal is available.
Although the Case Information Database records the number of appeals that are the result of decisions made by migrants applying under the new points-based system, it does not record the grounds for each appeal. It is therefore not possible to generate a report which shows which of these were lodged due to an error in registering the date on which the application was submitted. This information could be obtained only by manually cross-checking a large number of individual case files, which could be completed only at disproportionate cost.
Immobilisation of Vehicles
Mrs. Betty Williams: To ask the Secretary of State for the Home Department when she plans to publish the feasibility study relating to wheel clamping on private land recently received by her from the Security Industry Authority; and if she will make a statement. [270279]
Mr. Alan Campbell: The Home Secretary announced on 3 April 2009 her intention to launch a formal consultation in late April on the options for how best to regulate the wheel clamping industry. The consultation document, which includes the results of the SIA’s feasibility study, will be published, and copies will be placed in the House Libraries.
The Government’s preferred option will be to introduce compulsory licensing by the Security Industry Authority of wheel clamping companies.
Investigatory Powers Tribunal
Mr. Clifton-Brown: To ask the Secretary of State for the Home Department how many appeals the Investigatory Powers Tribunal has heard since its establishment; and how many of these were upheld. [270069]
Mr. Coaker: Information on the number of complaints made and upheld is given in the published annual reports of the Interception of Communications Commissioner and the Intelligence Services Commissioner. Figures for 2008 are not yet available but the relevant figures from the published reports from 2001-07 are summarised in the following table:
| Applications received | Investigations concluded | |
The reports show that since 2001 the Investigatory Powers Tribunal has made a determination—in 2005—in favour of two complainants who lodged a joint complaint. Copies of the Commissioners' reports are in the House Library.
Members: Correspondence
Ann Winterton: To ask the Secretary of State for the Home Department when she plans to respond to the letter from the hon. Member for Congleton to the Ministry of Defence transferred to her Department on 21 November 2008, Ref M21908/8, on retirement provisions for Gurkha soldiers, sent on behalf of a constituent Mr. K Chippendale. [270503]
Mr. Woolas: In September 2008, the High Court agreed that the 1997 cut-off date applied to retired Gurkhas was sound and not discriminatory. However, it did find that the policy guidance relating to the treatment of Gurkhas discharged before 1997 was not sufficiently clear and did not cover service-related factors. We are determined to get the revised guidance right to ensure that it is fair to all Gurkhas and this has involved consultation across Government.
The revised guidance for Gurkhas who retired before July 1997 and who wish to seek settlement in the UK will be published by 24 April. We want to give Members the fullest possible information and we therefore plan to write to them on or soon after that date with an explanation of our revised guidance.
Parliamentary Questions: Government Responses
Chris Huhne: To ask the Secretary of State for the Home Department when she plans to provide a substitution answer to Question 265753, on Operation Koala, tabled on 18 March 2009 for answer on 24 March. [268905]
Jacqui Smith [holding answer 21 April 2009]: I replied to the hon. Gentleman on 20 April 2009, Official Report, column 199W.
Penalty Notices
Paul Holmes: To ask the Secretary of State for the Home Department how many people in each police force area have been issued with penalty notices for disorder in each of the last three years, broken down by type of offence; and how many fines imposed by such penalty notices remain unpaid. [265890]
Mr. Straw: I have been asked to reply.
The number of penalty notices for disorder (PNDs) issued to persons aged 16 and over in each police force area in England and Wales, paid within and outside the 21 day Suspended Enforcement Period (SEP) and registered as fines for non-payment, by type of offence from 2004 to 2007 (latest available) are shown in tables 1 to 9 and have been placed in the Libraries of the House. 21 days
is the minimum period before which forces can register a fine against the recipient for not responding to a notice, so forces can accept payments after the SEP for administrative purposes. It is not possible to separately identify the payment rate of fines arising from unpaid PNDs, but the latest enforcement rate for all fines, including those from unpaid PNDs, is 85.2 per cent. for the period April to December 2008.
PNDs were implemented in all 43 forces in England and Wales in 2004.
PND data for 2008 will be available in the autumn of 2009.
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