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Written Answers

Tuesday, 23rd April 2002.

Trafficking in Human Beings

Lord Hylton asked Her Majesty's Government:

Whether their proposed Nationality, Immigration and Asylum Bill will create an offence of trafficking for sexual exploitation, and also for labour exploitation, as promised by Lord Davies of Oldham during the debate on trafficking in human beings (HL Deb, 13 March, col. 910.)[HL3703]

The Minister of State, Home Office (Lord Rooker): The Nationality, Immigration and Asylum Bill, which includes a new offence of trafficking for the purposes of prostitution, was introduced on Friday 12 April 2002.

As my noble friend Lord Davies of Oldham made clear in the debate, this new offence will close the current loophole that allows foreign women to be trafficked into and out of the UK for prostitution. We intend to create new wide-ranging offences of trafficking for sexual and labour exploitation when parliamentary time permits.

Accident at Nocton

Lord Berkeley asked Her Majesty's Government:

Whether Lincolnshire police classified as a road or railway accident the accident at Nocton on 28 February in which a car crashed through a wall and landed on a rail track.[HL 3733]

Lord Rooker: The incident was caused when a car crashed into a wall on the B1188 at Becton and landed on the Sleaford to Lincoln line. The car was subsequently in collision with a train travelling from Birmingham to Sleaford. The car driver died at the scene.

Lincolnshire police have launched a joint investigation with the British Transport Police as the incident involves both road and rail safety. They will determine at the end of that investigation whether it would be more appropriate to classify the incident as a road or rail accident. Rebo

Criminal Records Bureau: Registered Bodies

Baroness Anelay of St Johns asked Her Majesty's Government:

Whether:


(a) national governing bodies of sport; and


(b) other voluntary organisations, have applied to become:


(i) registered bodies; and


(ii) umbrella bodies, with the Criminal Records Bureau; and what assessment the Government have made as to whether or not the number is sufficient to cover the expected need for disclosure certificates.[HL3748]

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Lord Rooker: Up to 16 April, a total of some 19 national governing bodies of sport had been registered by the Criminal Records Bureau. Of these, five have agreed to act as umbrella bodies.

Information required by the bureau for ordinary registration purposes does not definitively identify voluntary or other status. From additional information required of those indicating that they are prepared to act as umbrella bodies, 118 voluntary bodies have been registered as umbrella bodies.

It is for those wishing to access the bureau's service to decide the most appropriate arrangements for them and it would have been inappropriate to plan on the basis of a pre-determined target number of umbrella bodies. There are good numbers of registered umbrella bodies in each area of England and Wales, with the exception of mid-Wales and North Wales where the numbers are lower. Organisations are continuing to apply for registration and the number of umbrella bodies will increase. Officials are continuing to explore means of developing the network further. Rebo

National Asylum Support Service Form 35

Earl Russell asked Her Majesty's Government:

Whether they are capable of ensuring that asylum seekers granted refugee status or exceptional leave to remain indefinitely receive National Asylum Support Service Form 35 which allows them access to mainstream welfare benefits; and whether any failure to do so will carry a liability to pay interest; and[HL3792]

Whether any termination of National Asylum Support Service support for successful asylum seekers which is not accompanied by the immediate dispatch of Form 35 will carry a liability to pay interest.[HL3793]

Lord Rooker: National Asylum Support Service Form (NASS) 35 does not give access to the benefits system. Access to mainstream benefits is provided by the letter notifying the person that a positive decision has been made on their claim. The issue of form NASS 35 is embedded in the process for terminating support. Its purpose is to provide information on the value of support provided by the National Asylum Support Service.

Patents

Baroness Miller of Chilthorne Domer asked Her Majesty's Government:

Whether it is acceptable that those affected by patents in developing countries can only challenge the validity of the grant of a patent after the event.[HL3594]

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The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville): Patents are subject to the national law of the country in which they have effect. Developing countries are free to adopt any equitable system for challenging the validity of patents in their country. Rebo

TRIPs Agreement

Baroness Miller of Chilthorne Domer asked Her Majesty's Government:

Why the Trade Related aspects of Intellectual Property Rights Agreement was negotiated without reference to the World Health Organisation or to the Rio Convention on Bio-diversity; and whether the guidelines therein that multi-national companies adhere to are sufficient to safeguard the environment, values and traditions of member states and their populations.[HL3596]

Lord Sainsbury of Turville: The World Health Organisation has observer status on the TRIPs Council, which administers the Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement and plays an active role in discussions on the application of the agreement to medicines. The declaration from the Doha ministerial conference of the World Trade Organisation last November mandated the TRIPs council to explore the relationship between the TRIPs Agreement and the Convention on Biological Diversity (CBD). We consider the two agreements to be compatible and they need to be implemented in a mutually supportive way. It is for the member states to ensure their national laws achieve this. Intellectual property rights as specified in the TRIPs Agreement can only be exercised subject to national laws safeguarding the environment, values and traditions of member states and their populations. They do not give their owners the freedom to ignore these laws.

Cefn Croes

Lord Williams of Elvel asked Her Majesty's Government:

Whether they will publish in full the advice given by the Countryside Council for Wales (CCW) in respect of the proposed wind power station at Cefn Croes together with any correspondence between CCW and any government department in the last 12 months and the minutes of meetings held in the same period between officials at the Department of Trade and Industry and at CCW on the matter.[HL3450]

Lord Sainsbury of Turville: The full advice of the Countryside Council for Wales was included in the comments of the National Assembly for Wales, which I arranged to have deposited in the Library of the House in January. Apart from circulating the documentation on the application to the CCW and the advice on the application provided by the CCW, there

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have been no meetings or correspondence between my officials and the CCW on the substance of the Cefn Croes case. Rebo

Abandoned Cars

Baroness Byford asked Her Majesty's Government:

Who will carry the cost of de-polluting abandoned cars in the period from 2002–07 before that responsibility is taken on by the manufacturers; and what those estimated costs are likely to be.[HL3760]

Lord Sainsbury of Turville: Vehicles abandoned after the transposition into law of the End of Life Vehicles Directive will need to be treated in accordance with the environmental standards required by the directive. No final decision on the means of implementing the directive before or after 2007 has yet been taken and announced by the Government. Additional costs incurred by local authorities in dealing with abandoned vehicles would be expected to fall to the Department of Trade and Industry to reimburse under the New Burdens arrangements. The average additional cost of depolluting an end-of-life vehicle, when the directive has been transposed, is currently forecast to be £50.

Consignia

Baroness Blatch asked Her Majesty's Government:

What discussions have taken place concerning the future of Consignia with interested parties from other countries; who were involved in such discussions; and what were the outcomes.[HL3707]

Lord Sainsbury of Turville: Consignia took part in discussions about a possible merger of Consignia's postal activities with the Dutch Postal Service (TPG). However, no satisfactory agreement was reached and Ministers therefore agreed with the company that discussions should cease. It has been the policy of successive governments not to go into the detail of such commercially confidential matters.

Since the Government have given Consignia commercial freedom within the public sector, it is entirely appropriate that Consignia has been considering its commercial strategy, including the possibility of relationships or ventures with other operators.

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