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Written Answers
Monday, 4th February 2002.
Industrial Disputes: Interim Injunctions
Lord Wedderburn of Charlton asked Her Majesty's Government:
- Whether the practice (in the High Court or in the Court of Session) of not holding hearings in public for interim injunctions or interdicts in industrial disputes is consistent with the obligations of the United Kingdom under the European Convention on Human Rights. [HL2320]
The Lord Chancellor (Lord Irvine of Lairg): In England and Wales hearings in the High Court may only take place in private in the limited circumstances set out in Part 39 of the Civil Procedure Rules. A practice direction, supporting the relevant rule of court, specifically requires the judge to have regard to Article 6(1) of the European Convention on Human Rights in exercising this discretion. The High Court has held that Part 39 of the rules is compatible with Article 6 of the European Convention on Human Rights. In Scotland, the Court of Session's practice is to hold all interim hearings in open court and announce the calling over the public address system. Only in exceptional circumstances would an interim hearing be held in chambers.
Judicial Review: Immigration Appeals
Lord Avebury asked Her Majesty's Government:
- How many applications for judicial review or leave to apply for judicial review were granted during 2001 in cases to which the provisions of paragraph 15(2) of the Immigration and Appeals (Procedure) (Amendment) Rules 2001 would have applied if it had been in force. [HL2410]
The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal): Data on the number of applications for judicial review or leave to apply for judicial review in cases to which paragraph 15(2) of the Immigration and Appeals (Procedure) (Amendment) Rules 2001 would have applied if it had been in force are not collated centrally. They could be made available only at disproportionate cost.
Prison Service: Management of Sex Offenders
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they will establish a sex offenders management unit within the Prison Service in England and Wales. [HL2505]
The Minister of State, Home Office (Lord Rooker): The Prison Service has no such plans but keeps under review the efficacy of arrangements for the management of sex offenders. Sex offenders may be serving sentences from a few months to life and it is unlikely that it would be practicable or beneficial to manage such a diverse population through a central unit. However, the Prison Service's sex offender treatment programme is supported from the centre, thus providing a co-ordinating mechanism for the development, training, delivery and evaluation of relevant treatment.
Sentencing Framework Review
Lord Merlyn-Rees asked Her Majesty's Government:
- When they will publish a summary of the responses to the public consultation on the review of the sentencing framework. [HL2666]
Lord Rooker: The summary of responses has been published today, 4 February 2002. Copies of the summary are being sent to each Member of Parliament and will be placed in the Library. Further copies will be available in the Vote Office and in the Printed Paper Office.
Immigration Decisions
The Countess of Mar asked Her Majesty's Government:
- Whether, for the purposes of immigration control, there are any "non-removable nationalities". [HL2495]
Lord Rooker: It is the destination, not the nationality, which is the primary concern. A decision on whether or not a person is returned will depend on the facts of the particular case, conditions at that time in the country concerned and the availability of appropriate travel routes. It will also take into consideration whether there are any other countries to which a person can be lawfully returned.
The Countess of Mar asked Her Majesty's Government:
- How many asylum seekers whose claims have been refused and who have exhausted all appeal procedures have been returned to Somalia, Liberia, Iraq, Afghanistan and the Ivory coast since January 2000. [HL2496]
Lord Rooker: The estimated number of principal asylum applicants removed during the period April to June 2001 for each of the requested nationalities are given in the table.
| Country of origin (not destination) | Principal asylum applicants removed, April-June 2001 (1 2 3) |
| Somalia | 5 |
| Liberia | * |
| Iraq | 20 |
| Afghanistan | 10 |
| Ivory Coast | * |
Figures rounded to the nearest five, * = less than 5.
2001 data are provisional and subject to possible change.
(1) Data relate to principal applicants only, and includes persons departing "voluntarily" after enforcement action had been initiated against them and persons leaving under assisted voluntary return progammes run by the IOM.
(2) Data on the nationality of dependants of asylum seekers removed are not available.
(3) Nationality data have been estimated because of some data quality issues on the IND databases.
I regret that information on the destination of asylum seekers removed from the United Kingdom is not recorded centrally and could be obtained only by examining individual case files at disproportionate cost. Therefore it is not possible to determine how many of these persons were returned to their respective country of origin.
A nationality breakdown of asylum seekers removed between January 2000 and March 2001 is not available due to data recording problems.
Information on the nationality of principal asylum applicants removed in the period July to September 2001 will be published on 28 February 2002 on the Home Office Research Development and Statistics Directorate web site at http://www.homeoffice.gov.uk/rds/immigration1.html.
Lord Lucas asked Her Majesty's Government:
Lord McIntosh of Haringey: This is a complex area of EC VAT law, centring on the interpretation and application of the rules that govern the place of taxation of services. The Government currently have the treatment of Internet access packages under review and are also negotiating for relevant changes to be made to EC VAT law in order to provide lasting clarity and certainty in this area.
Lord Tebbit asked Her Majesty's Government:
Lord McIntosh of Haringey: The information requested falls within the responsibility of the National Statistician, who has been asked to reply.
Letter from the Chief Statistician, Mr Len Cook, dated January 2000.
As National Statistician I have been asked to reply to your Parliamentary Question regarding what Her Majesty's Government intend to achieve by the "National Survey of Time Use" and the "People, Families and Communities Survey 2001". [HL2507]
Time is a valuable resource. Understanding how people use time is increasingly important in developing government policy and delivering public services, There are, however, no official statistics on this. The first UK Time Use Survey was therefore conducted in 2000–01. It was carried out on behalf of the Office for National Statistics, The Department of Culture, Media and Sport, the Department for Education and Skills, the Department of Health, the Department of Transport, Local Government and the Regions and the Economic and Social Research Council. The Survey was commissioned following an analysis of need, and is intended to support a wide range of policy issues. It will provide detailed statistical information on the breakdown of time use by the UK population on the UK policy issues. First results from the survey are due to be published in March.
Some examples of specific areas of use are: time taken to travel to work; time spent on voluntary tasks; activities of the unemployed; and the balance between work and leisure. The survey will provide a resource to call on over a number of years. The indications are that the use of time does change, but perhaps in a rather slow and evolutionary way.
The 2001 Home Office Citizenship Survey is the first Home Office funded survey into citizenship in England and Wales. It is another major policy tool, informing the development and implementation of policies on civil renewal, families, active communities and race relations. It is the only source of performance monitoring information for these policy areas.
The survey collects information on: race equality, including attitudes towards and experiences of various public services; voluntary and community activities, including reasons why people do not participate; and family networks and sources of parenting support.
Baroness Anelay of St Johns asked Her Majesty's Government:
Lord McIntosh of Haringey: The consultation document, Promoting Sport in the Community, contains proposed guidelines on applications for charitable status via the Charity Commission, as well as proposed guidelines for a possible tax package administered by the Inland Revenue. Copies of the consultation document can be found in the House Library.
Why some companies providing unmetered Internet access in the United Kingdom have to charge VAT on their subscriptions while others do not; and when they intend to remove these anomalies. [HL2486]
What they intend to achieve by the National Survey of Time Use and the People, Families and Communities Survey 2001. [HL2507]
What Treasury guidelines will determine whether or not sports clubs will be able to qualify for 80 per cent business rate relief and for exemption from tax on savings, bequests and gifts. [HL2544]
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