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Written Answers
Wednesday, 22nd October 1997.
Law Commission Bills
Earl Russell asked Her Majesty's Government:
- Further to their Answer of 17 July (WA 119), how many reports by the Law Commission containing proposals for legislation remain under consideration by the Government.
The Lord Chancellor (Lord Irvine of Lairg): Seventeen reports remain under consideration. Ten are the responsibility of the Lord Chancellor's Department and seven of other government departments.
Referrals to European Court of Justice
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether there are measures in place to ensure that, where possible, the decisions of United Kingdom courts and tribunals to refer questions to the European Court of Justice under Article 177 of the EEC treaty are speedily carried out by court and tribunal administrators.
The Lord Chancellor: The question concerns a matter which has been assigned to the Court Service under the terms of its Framework Document. I have therefore asked the Chief Executive to respond.
Letter to Lord Lester of Herne Hill from the Chief Executive of the Court Service, Mr. M. D. Huebner, dated 22 October 1997.
Referrals to the Court of Justice of the European Communities
The Lord Chancellor has asked me to reply to your Question about what measures there are in place to ensure that the decisions of United Kingdom courts and tribunals to refer questions to the European Court of Justice are carried out promptly.
The European Court of Justice has produced guidance on how to refer questions under Article 177 of the ECC Treaty and these have been distributed to both the judiciary and members of staff in all courts and tribunals for which the Court Service is responsible. Guidance is also available centrally for magistrates, although it is rare for cases to be referred from magistrates' courts.
In the courts, once judges have decided to refer cases, these are despatched by administrative staff following the guidelines. In the tribunals, the arrangements are as follows: The Chief Adjudicator for the Immigration Appellate Authorities settles questions of whether cases should be referred and these are despatched by his secretary. The Chief Commissioner for the Social Security and Child Support Commissioners decides such issues and they are despatched by nominated administrative staff. In the Combined Tax Tribunal
these decisions are made by the President and despatched by the Registrar.Disability Legislation: Review
Lord Campbell of Croy asked Her Majesty's Government:
- What substantial changes or additions they intend to make to the Disability Discrimination Act.
The Minister of State, Department for Education and Employment (Baroness Blackstone): The Government announced on 1 October a three-point strategy to secure comprehensive, enforceable civil rights for disabled people involving implementation of Part III of the DDA, the establishment of a Disability Rights Commission, and the establishment of a Ministerial Task Force to undertake a wide review on how to implement comprehensive and enforceable civil rights for disabled people. Reviewing existing legislation would fall within the scope of the Task Force's deliberations.
Housing Corporation: Chairman
Lord Henderson of Brompton asked Her Majesty's Government:
- Who they will be appointing as the new chairman of the Housing Corporation.
The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman): The Baroness Dean of Thornton-le-Fylde is to be appointed to chair the Housing Corporation with effect from 6 November 1997. We welcome Baroness Dean to this important post. She has strong leadership skills and a track record of excellent management and organisational ability. Her knowledge and experience of regulatory matters will be a valuable asset and she will bring a fresh perspective to the post. Baroness Dean will be taking over from Mr. Peter Cooke CBE. The Government wish to record the significant contributions made by Mr. Cooke during his term in office, and in his previous nine years' service as a board member.
Mentally Ill Patients: Crimes of Violence
Lord Rowallan asked Her Majesty's Government:
- How many crimes of violence have been committed in each of the last five years by mentally ill people released from secure units into the community on the ground of shortage of accommodation.
The Minister of State, Department of Health (Baroness Jay of Paddington): The data required to answer this question are not collected centrally.
Mentally ill patients are discharged or transferred from secure units only when their clinical team is
satisfied that they are ready to move on. Such decisions take account of a range of factors including any risk the patient may pose to him or herself or to others.Head Lice
The Countess of Mar asked Her Majesty's Government:
- Whether they endorse the contents of the Interim Statement on Head Lice by the "Stafford Group" on behalf of the Public Health Medicine Environmental Group and circulated to all consultants in communicable disease, in which the treatment of head louse infestation by chemical means is the recommended course of action and wet combing, such as "Bug Busting", should only be resorted to if chemical means fail.
Baroness Jay of Paddington: We understand that the "Statement" referred to is in the nature of a working paper written to focus attention on the current state of scientific knowledge, rather than as a definitive work. It would be premature to endorse its conclusions at this time.
The Countess of Mar asked Her Majesty's Government:
- What research has been or is being conducted into the resistance of human head lice, as opposed to those bred in laboratories, to chemical treatments currently available.
Baroness Jay of Paddington: We are not aware of any national research project in this area. However, checks to discover signs of resistance to head louse treatments are conducted upon locally captured lice in order to inform decisions as to which treatment offers the greatest efficacy at any one time.
Devolution Referendum, Scotland
Lord Campbell of Croy asked Her Majesty's Government:
- What was the total expenditure from public sources on preparing, printing and distributing to households in Scotland the summary of the White Paper Scotland's Parliament and on associated television programmes, videos and helplines before the referendum on 11 September.
The Parliamentary Under-Secretary of State, Scottish Office (Lord Sewel): The final accounts have yet to be finalised. The total estimated expenditure on government information is around £730,000. This includes: the reminder to vote and absent voters campaigns (the latter of which included a helpline); the production and distribution to all households of an information leaflet (including Gaelic and ethnic language versions and Braille and audio taped versions); and production and distribution of the video. The information campaign was carried out in accordance
with published Cabinet Office guidelines on government publicity.
Lord Campbell of Croy asked Her Majesty's Government:
- What financial or other assistance was made available from public sources to the "No" campaign in Scotland before the referendum on 11 September, comparable to that provided to the "No" campaign in the referendum on the EEC in 1975.
Lord Sewel: The Government took the view, and Parliament agreed, that public funds should not be used to finance campaigning organisations in the referendum. The campaigning bodies were independent of government and it was felt not to be appropriate to use public funds for their activities. This approach was the same as that adopted in respect of the previous devolution referendum in 1979.
Industrial Tribunal Case 13528
Lord Vinson asked Her Majesty's Government:
- Whether they are satisfied with the conduct of Industrial Tribunal case 13528 taken at Stratford SE1 in May 1997 under the chairmanship of Mr. Peter Robchant, where he ordered a small health shop owner to pay £2,000 damages for turning down a job applicant who was six months pregnant and unwilling to lift heavy loads.
The Minister of State, Department of Trade and Industry (Lord Simon of Highbury): Industrial Tribunals are independent judicial bodies. I am therefore unable to comment on their decisions or on the handling of a particular case. Parties who are dissatisfied with a tribunal decision can either ask the tribunal to review its decision, or appeal, on a point of law, to the Employment Appeal Tribunal. (Such procedures are explained in a note accompanying the tribunal's decision when it is sent to the parties concerned.)
The Innovation-Exploitation Barrier: White Paper
Lord Evans of Parkside asked Her Majesty's Government:
- When they will respond to the 3rd Report from the Select Committee on Science and Technology, session 1996-97, HL Paper 62, on The Innovation- Exploitation Barrier.
Lord Simon of Highbury: The President of the Board of Trade has today published the Government's response as a Command Paper (cm 3786), entitled The Innovation-Exploitation Barrier. Copies are available from the Stationery Office and the Library of the House.
European Research and Technological Development Programme: White Paper
Lord Evans of Parkside asked Her Majesty's Government:
- When they will respond to the 2nd Report from the Select Committee on Science and Technology, session 1996-97, H.L. Paper 49, on EU Framework Programme for European Research and Technological Development.
Lord Simon of Highbury: The President of the Board of Trade has today published the Government's response as a Command Paper (cm 3787), entitled Government Response to the House of Lords Select Committee on Science and Technology 2nd Report on EU Framework Programme for European Research and Technological Development. Copies are available from the Stationery Office and the Library of the House.
Castlereagh Holding Centre
Lord Hylton asked Her Majesty's Government:
- What are their plans for Castlereagh Interrogation and Holding Centre in Northern Ireland.
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Dubs): The Government look forward to the day when the Holding Centres can be closed permanently. Meantime, while it remains operationally necessary to keep them open, the Government would wish to replace Castlereagh Holding Centre as soon as possible. It is not feasible at the moment, given other priorities, to meet the necessary funding within the current PANI budget for such a major building project. However, the matter will be kept under continuous review.
A system to provide for the silent video recording of interviews is in the process of being introduced and is expected to be operational by January 1998.
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