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Northern Ireland: Recruitment

Lord Maginnis of Drumglass asked Her Majesty's Government:

Further to the Written Answer by the Lord Rooker on 22 June (WA 182), whether there is a serial claimant culture in Northern Ireland; and to what extent local councils settle claims irrespective of their merit, rather than incurring legal costs. [HL823]

Lord Rooker: The information requested is not held centrally and could only be obtained at disproportionate cost. The Department of the Environment has no evidence, however, that there is a serial claimant culture in Northern Ireland. A district council would not be expected to settle any claim, unless there is merit in doing so. In each case, it is for the council to decide whether to settle out of court or to exercise its power to take legal proceedings. Any substantial settlements relating to appointments would be open to audit scrutiny.

Police Vehicles: Testing

Lord Monson asked Her Majesty's Government:

Whether they will make representations to chief constables to prohibit the testing of police cars in the early hours of the morning at speeds of up to 80 miles per hour in those urban areas where pubs and clubs will be allowed to remain open after 1am under the provisions of the Licensing Act 2003. [HL617]

Baroness Scotland of Asthal: We do not believe this necessary. How a vehicle's performance is tested and how officers are trained to drive vehicles at speed are operational matters for individual chief officers. The
 
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police can exceed a speed limit only if observing it would hinder the achievement of a police purpose. When it is necessary for them to exceed the limit they will exercise the greatest care, professional judgment and common sense at all times to ensure the safety of the public.

Prisons: Religious Accommodation

Lord Avebury asked Her Majesty's Government:

Whether, for each of the prisons planned or under construction in England and Wales, they will state the area to be provided for the chaplaincies; and whether they will place copies of drawings of the religious accommodation in each of these prisons in the Library of the House. [HL652]

Baroness Scotland of Asthal: No new prisons are planned or under construction at the present time. New prisons built recently have been required to provide adequate facilities for worship by all faiths.

Railways: Oxford to Bicester Service

Lord Berkeley asked Her Majesty's Government:

What are the estimated cost savings to be made in (a) infrastructure costs; (b) train hire; and (c) train operating costs, by reducing the number of services from seven to two per weekday between Oxford and Bicester; and what is the estimated reduction in passenger numbers and revenue from ticket sales. [HL859]

Lord Davies of Oldham: The proposed changes to the Oxford to Bicester service pattern are contained in the invitation to tender for the new Greater Western franchise, which is currently out to tender. As such, the release of this information could prejudice commercial negotiations.

Sellafield

Lord Judd asked Her Majesty's Government:

What is their response to the written question number 471, concerning the Sellafield nuclear plant, submitted to the Committee of Ministers of the Council of Europe by Mr Michael Hagberg of Sweden. [HL779]

Lord Bach: The Government have not so far been asked by the Council of Europe for a response to this question about plutonium discharges from Sellafield.

All discharges from Sellafield are rigorously regulated by the Environment Agency to ensure that they do not pose a significant risk to human health or the environment. The current limit for liquid plutonium discharges from Sellafield is 700 gigabecquerels. This is the same as the previous limit. Actual discharges are currently less than half this limit.
 
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The question by Mr Hagberg also refers to a leak at the thermal oxide reprocessing plant. This leak was entirely contained within a secondary shielded cell which was designed for this purpose. There was, therefore, no release to the environment of any radioactive material from this incident.

The Government have committed themselves to the objective of reducing radioactive discharges in the period to 2020. In 2002 the Government published a strategy on radioactive discharges demonstrating how this objective would be achieved.

EU: Treaty of Nice

Lord Pearson of Rannoch asked Her Majesty's Government:

Upon which clauses in the Treaty of Nice the European Union relies for the following initiatives (a) European Union space programme; (b) Fundamental Rights Agency in Vienna; (c) European Union foreign embassies; and (d) troops in the Congo under the European Union flag. [HL768]

Lord Triesman: The European Space Programme will implement the European Space Policy, which is due to be agreed by the end of 2005. The sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European research area and to innovation (2002–06) covers "aeronautics and space". It takes forward the Council decision of 30 September 2002 adopting a specific programme for research, technological development and demonstration, "Integrating and strengthening the European Research Area" (2002–06), which was agreed on the basis of Article 166(3) of the treaty establishing the European Community. A specific implementing measure of the sixth framework programme was the European Commission's Green Paper entitled European Space Policy.

The European Commission has adopted two proposals for the establishment of the fundamental rights agency, a proposal for a Council regulation establishing a European Union Agency for Fundamental Rights, based on Article 308 of the treaty establishing the European Community; and a proposal for a Council decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union, based on Articles 30, 31 and 34(2)(c) of the Treaty on European Union.

The European Union does not have any embassies overseas. However, the European Commission has 123 missions to third countries, five missions to international organisations, four representations and offices, and seven technical offices. These represent the EU in areas of Commission competence such as external trade and European Commission development assistance. The first Commission overseas mission was established in 1954.
 
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The legal base for the establishment of Commission delegations in third countries derives from the Commission's powers under the treaty establishing the European Community including Articles 211, 217 and 302.

The legal bases of the EU-led crisis management mission Operation Artemis in the Democratic Republic of Congo in 2003 were Articles 14, 17(2), 18(5), 25, 26 and 28(3) of the Treaty on European Union, in support of the overall objectives for the common foreign and security policy as set out in Article 11 of the Treaty on European Union.

Lord Pearson of Rannoch asked Her Majesty's Government:

Under which clauses in the Treaty of Nice the European Court of Justice made a recent ruling that the Community has power to decide on judicial procedures in member states. [HL769]

Lord Triesman: The case referred to in the question is Case C– 105/03, Maria Pupino, on which the judgment was delivered on 16 June. The judgment can be found at www.curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&docj=docj&numaff=105%2F03&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100.

The case concerned a request for a preliminary ruling from an Italian criminal court, in which the Court of Justice was asked to rule on the scope of the framework decision on the standing of victims in criminal proceedings. The court had jurisdiction to give such a ruling because Italy had accepted the jurisdiction of the court by a declaration under Article 35 (2) of the Treaty of European Union.

The UK has not made a declaration giving the court jurisdiction in such cases so there could not be a similar reference from a UK court.

Uzbekistan: Land Rover Defenders

Lord Judd asked Her Majesty's Government:

What conclusions they have reached on the origin of Land Rover Defender vehicles used in the massacre of protesters in Uzbekistan in May; and what action they are going to take. [HL777]

Lord Triesman: It is the Government's understanding that the Land Rover Defenders in question were supplied by a Turkish company to the Turkish Government who then gifted the vehicles to the Uzbek Government. Inquiries into this are continuing. The Government understand that Land Rover sells flat pack civil Land Rover Defenders to the Turkish company, that then assembles and rebadges them for onward sale under its own name, using its own products and components, and according to designs for which that company holds the intellectual property rights. These are not Land Rover approved products.
 
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Under the EC Dual-Use Regulation and our own domestic legislation, the UK has no power to control the export of civilian specification Land Rovers. The export of civilian vehicles converted by a Turkish company using its own technology and without UK involvement is a matter for Turkish export controls.

More generally, the UK has been at the forefront in condemning the indiscriminate and disproportionate use of force by the Uzbek authorities in Andizhan. When my right honourable friend the Foreign Secretary first heard the reports of troops firing on demonstrators, he urged the Uzbek Government to allow an independent, international investigation. We are pleased that the US, the UN, the Organisation for Security and Co-operation in Europe and NATO have all done the same.

On 13 June, the EU's General Affairs External Relations Council (GAERC) gave the Uzbek Government until the end of the month to agree to an independent, international enquiry. The GAERC made clear that partial suspension of co-operation under the partnership for co-operation agreement was likely to be one consequence of failure to do so. The EU is also considering a range of other options, which could include an EU visa ban for Uzbek Ministers, and an arms embargo.

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