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VAT Rate Changes

Lord Tebbit asked Her Majesty's Government:

The Minister of State, Department of Social Security (Lord Mackay of Ardbrecknish): Such a change to the relevant agreement--the Sixth VAT Directive of 1977--would require the unanimous agreement of the member states of the European Community. The United Kingdom would be in breach of its more general obligations as a member of the Community if it were to act unilaterally to abrogate all or part of this agreement.

Gulf War Veterans: Pension Claims

The Countess of Mar asked Her Majesty's Government:

Lord Mackay of Ardbrecknish: These are matters for Mr. Kelvin Caldwell, Chief Executive of the War Pensions Agency. He will write to the noble Countess.

Letter to the Countess of Mar from the Chief Executive of The War Pensions Agency, Mr. K. C. Caldwell, dated 17th January 1997.

Lord Mackay of Ardbrecknish has asked me to reply to your recent Parliamentary Questions about war pension claims from Gulf War veterans.

On 2nd January 1997 we had 434 claims and 23 appeals under consideration, at various stages. The average time involved in processing these cases from date of claim to 2nd January 1997 was eight months. Claims for Gulf War related illnesses can require the War Pensions Agency to investigate a number of medical conditions and it can therefore take longer than usual to assemble all the relevant medical and service evidence. For these reasons, Gulf War claims can take longer to resolve. Decisions are made as soon as all the relevant evidence is obtained.

You ask about the average time taken to clear claims from Gulf veterans. Statistics for claims already decided

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are not kept and the information could be provided only at disproportionate cost. However, the Agency's targets are to clear 60 per cent. of all first claims within 145 working days and 95 per cent. of all claims within 310 working days. For the month of December 1996, achievement was 63 per cent. and 90 per cent respectively.

Because of the intricacies of Gulf War cases, claims from Gulf War veterans are dealt with on a specialised section by three full time medical advisors with full administrative support. One further medical advisor working in the agency is also able to process Gulf War claims if the need arises. These doctors are trained in a variety of specialised casework.

You ask about war pensions being paid to Gulf War veterans for whom no specific diagnosis has been made by Group Captain Coker and his colleagues. Medical information from the Ministry of Defence (MoD) Gulf War Medical Assessment Programme is not routinely made available to the War Pensions Agency, and at the date of their claims not all claimants for war pension would have taken part in the programme. In cases where express permission for release of information from the Gulf Assessment Programme has been obtained, this will be used to inform the decision on that individual's claim for a war pension.

A war pension may be awarded for any disablement related causally to service. Additionally, under the very preferential terms of the scheme, where a claim is made within seven years of termination of service (and that, of course, is the case for all Gulf claims made so far) the benefit of any reasonable doubt is always given to the claimant and the onus is on the Secretary of State to show beyond reasonable doubt that service in the armed forces has played no part in the cause or course of the claimed disablement.

At present, no precisely defined Gulf related illness is recognised medically and many claims from Gulf participants are for non-specific symptoms and signs. In most of these claims, it has been possible to identify an underlying condition in which the claimed non-specific symptoms and signs are present.

I hope you find my reply helpful.

Child Labour

Lord Lester of Herne Hill asked Her Majesty's Government:

    Further to the Written Answer given by Baroness Cumberlege on 17th December 1996 (WA 117), whether they accept that the extreme examples of child labour quoted in The Times did in fact occur; and if so, whether they will take steps to encourage local authorities and the Health and Safety Executive to exercise their powers to take action to tackle such problems effectively.

The Parliamentary Under-Secretary of State, Department of Health (Baroness Cumberlege): We have no reason to doubt the veracity of The Times' report. Officials work closely with their colleagues in

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local authorities, and the Health and Safety Executive, concerning the exercise of their powers on children's employment issues.

Chief Inspector of Prisons: Electronic Publication of Reports

Lord Avebury asked Her Majesty's Government:

    Whether the Chief Inspector of Prisons, Sir David Ramsbotham, has authorised the publication of all his reports on the Penal Lexicon's web site.

The Minister of State, Home Office (Baroness Blatch): Her Majesty's Chief Inspector of Prisons has authorised the publication on the Penal Lexicon web site of all reports which are either published by the Inspectorate or prepared by the Inspectorate and in the public domain.

Asylum Seekers: Detentions

Lord Lester of Herne Hill asked Her Majesty's Government:

    Further to the Written Answer given by Baroness Blatch on 18th December 1996 (WA 132), whether they have information as to the number of asylum seekers who have been detained pending the determination of their applications for each year during the past five years; and, if so, whether they will publish such information.

Baroness Blatch: Reliable information on the number of asylum seekers placed into detention, prior to an initial decision having been made on their application, can only be obtained by examination of

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individual case records. The information requested is, therefore, only available at disproportionate cost.

Prisoners' Allegations to Prisons Ombudsman

Lord Lester of Herne Hill asked Her Majesty's Government:

    Whether it is a disciplinary offence for a prisoner to make a false and malicious allegation to the Prisons Ombudsman.

Baroness Blatch: No. Prisoners may refer any complaint to the Prisons Ombudsman, who then considers whether it is eligible for investigation under his terms of reference. These complaints may include allegations that could be considered false and malicious. The disciplinary offence of making a false and malicious allegation against an officer was abolished in 1989, partly so as not to inhibit prisoners from raising genuine grievances.

Prostitutes Aged Under 18

Lord Hylton asked Her Majesty's Government:

    What is their estimate of the number of prostitutes currently aged less than 18 years.

Baroness Blatch: The information as requested is not available.

Data for England and Wales on the number of females aged under 18 cautioned or convicted in 1995, the latest year available, for offences under the Street Offences Act 1959 Section 1 are given in the table below.

Number of females aged under 18 cautioned or convicted for offences under the Streets Offences Act 1959 Section 1(1) by age
England and Wales 1995

Total under
Disposal10111213141516171818+All ages
Cautions----241127631562632,8993,162
Convictions----------425721015,411 5,512
Total----241131882283648,3108,674

(1) Common prostitute loitering or soliciting for the purposes of prostitution.


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For Scotland, 12 people aged under 18 were convicted in 1994, the latest year available, under the Civic Government (Scotland) Act 1982 Section 46 Soliciting and importuning by prostitutes.

Prison Service: Electronic Publication Licensing

Lord Avebury asked Her Majesty's Government:

    Why the Northern Ireland Prison Service referred to HMSO's Copyright Unit a request by the Penal

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    Lexicon to be given permission to publish, on their web site, all public domain material produced by the Prison Service.

The Parliamentary Under-Secretary of State, Northern Ireland Office (Baroness Denton of Wakefield): Responsibility for the subject of this Question has been delegated to the Northern Ireland Prison Service under its chief executive, Mr. Alan Shannon. I have asked him to arrange for a reply to be given.

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Letter to Lord Avebury from the Chief Executive of the Northern Ireland Prison Service, Mr. Alan Shannon, dated 16th January 1997.

Baroness Denton has asked me to reply to the parliamentary Question which you tabled asking why the Northern Ireland Prison Service referred to HMSO's Copyright Unit a request from the Penal Lexicon to be given permission to publish, on their web site, all our public domain material.

Following receipt of the request from Mr. Robinson-Grindey of the Penal Lexicon, we looked into

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the matter and found that Cabinet Office guidance on Crown copyright advised that, except where delegated authority existed, all requests received by departments for permission to reproduce official material must be referred to the Copyright Unit, HMSO. The Copyright Unit was contacted and confirmed that the reproduction of Crown copyright material, including in electronic form, had to be licensed. They offered to take the licensing process forward direct with Mr. Robinson-Grindey and a copy of the correspondence received was forwarded to them for this purpose.

I hope this information is helpful.

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