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Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
Under what circumstances in Section 6(2) of the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004 (S.I. 2004/2351) a tribunal or chairman would appoint an independent expert whose ability was impaired as in Section 6(3)(c). [HL90]
Lord Sainsbury of Turville: When in an equal value claim there is a dispute as to whether work is of equal value as mentioned in Section 1(2)(c) of the Equal Pay Act 1970, the tribunal must hold a "stage 1 equal value hearing". There are standard orders which a tribunal may make at a stage 1 equal value hearing. The aim of those standard orders is that certain factual information is exchanged and agreed between the parties. At that hearing the tribunal will also decide whether it wishes to require an independent expert to prepare a report on the question of whether the claimant's work is of equal value to that of the comparator. The independent expert does not have to prepare the report at this stage; the tribunal is just deciding whether it will require the independent expert to do so later in the proceedings.
In most cases the tribunal will only actually require the independent expert to prepare the report after the "stage 2 equal value hearing"that is after certain facts have been exchanged and agreed as explained above. The logic is that the independent expert needs to have certain facts available to him before he can start to prepare his report. However, occasionally there may have been an inadequate exchange of factual information by the parties after the stage 1 equal value hearing. That is where the tribunal's power in rule 6(2) of Schedule 6 comes in. In such circumstances the tribunal may, if it considers it appropriate, order an independent expert to assist the tribunal in establishing the facts on which he is to base his report. The situation described in rule 6(3)(c) is where insufficient factual information has been disclosed by a party, therefore the independent expert would have insufficient facts on which to base his report.
Rule 6(3)(c) is not addressing a lack of ability on the part of the independent expert, but is instead addressing a failure of one of the parties to the proceedings to disclose sufficient factual information.
Lord Hodgson of Astley Abbotts asked Her Majesty's Government:
What reimbursement of costs is available to participants in employent tribunals when the chairman fails to attend a meeting which he has set up under Section 27(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861). [HL91]
Lord Sainsbury of Turville: Where a chairman is not available to attend a meeting which has been set up under Section 27(1) of the Employment Trubunals (Constitution and Rules of Procedure) Regulations 2004 and it is not possible for a replacement to be found, the parties' travel expenses will be reimbursed in full. If appropriate, loss of earnings at the Employment Tribunals Service standard rate of £45.00 will also be reimbursed.
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If the unavailability of the chairman is as a result of administrative error further consideration will be given, on a case by case basis, to reimbursement of other financial loss, such as the costs of representation.
Lord Wakeham asked Her Majesty's Government:
Which nuclear power stations in the United Kingdom were built and are operated by (a) the public sector; and (b) the private sector. [HL352]
Lord Sainsbury of Turville: All the UK's nuclear power stations were built in the public sector.
The Magnox fleet of nuclear electricity generating stations have remained in the public sector since they were commissioned, developed and built between 1956 and 1971. They are currently operated by Magnox Electric plc, a subsidiary of British Nuclear Fuels Ltd. (BNFL), which is a publicly owned company.
The newer advanced gas-cooled reactor (AGR) and pressurised water reactor (PWR) nuclear electricity generating stations have been operated by British Energy plc since the company was privatised in 1996. The office for National Statistics announced on 24 September 2004 its provisional decision that, in the light of the control that can be exercised by government through the credit facility and the restructuring of the company, from 9 September 2002 British Energy plc would be classified in the public sector for national accounts purposes.
Lord Wakeham asked Her Majesty's Government:
Further to the Answer by the Lord Sainsbury of Turville on 7 December (HL Deb, col. 736), whether it is correct that the power stations which gave rise to nuclear waste were built and operated by the private sector. [HL353]
Lord Sainsbury of Turville: All the UK's nuclear power stations were built in the public sector.
The Magnox nuclear electricity generating stations have remained in the public sector since they were commissioned, developed and built between 1956 and 1971 and are currently operated by Magnox Electric plc, which is a subsidiary of British Nuclear Fuels Ltd (BNFL). From April 2005, under transitional arrangements pending the outcome of the European Commission's investigation, the Nuclear Decommissioning Authority (NDA) will assume responsibility for operating and decommissioning the Magnox stations.
The advanced gas-cooled reactor (AGR) and pressurised water reactor (PWR) nuclear electricity generating stations have been operated by British Energy plc since the company was privatised in 1996. The Office for National Statistics announced on 24 September 2004 its provisional decision that, in the light of the control that can be exercised by
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government through the credit facility and the restructuring of the company, from 9 September 2002 British Energy plc would be classified in the public sector for national accounts purposes.
A copy of my letter to the noble Lord Tebbit clarifying the answer I gave during oral questions in the House on 7 December will be placed in the House Library.
Lord Dholakia asked Her Majesty's Government:
What steps are being taken to ensure that asylum seekers who are deported from the United Kingdom to their country of origin are not ill treated. [HL50]
The Minister of State, Home Office (Baroness Scotland of Asthal): Each asylum claim is considered on its own merits taking account of relevant country information, case-law and factors specific to the individual claim. Where a decision has been taken that an individual would not be at risk if returned to their country and that decision has been upheld by the appellate authorities we consider that it is safe for that individual to be removed.
We do not consider it necessary to monitor the treatment of failed asylum seekers who have been removed in accordance with the proper procedures. However, any reliable information about the treatment of returned asylum seekers in a particular country will be referred to in the appropriate country information materials produced by the Immigration and Nationality Directorate and will therefore form part of the individual assessment of asylum claims made by nationals of that country.
Lord Avebury asked Her Majesty's Government:
Further to the Written Answer by the Baroness Scotland of Asthal on 11 November (WA 94), under what provisions of the Code of Conduct on Access to Government Information the terms of the contract with Global Solutions (GSC UK) to design, build and operate the Bicester accommodation centre are considered commercial in confidence. [HL58]
Baroness Scotland of Asthal: The general terms of the contract with Global Solutions Limited are in the public domain; details of payments to them under the contract must remain confidential under exemptions 7 and 13 of Part II of the Code of Practice on Access to Government Information. Disclosure of the information requested would both prejudice our ability to conduct negotiations on any future contractual activities and harm the competitive position of a third party, namely Global Solutions Limited.
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Lord Avebury asked Her Majesty's Government:
Under what circumstances a person who is a British overseas citizen by virtue of Article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986 can be registered as a British citizen under Section 4B of the British Nationality Act 1981. [HL61]
Baroness Scotland of Asthal: Provided the British Overseas citizen has no other citizenship or nationality and has not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality, he or she will be entitled, on application, to registration as a British citizen under Section 4B of the British Nationality Act 1981.
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