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(b) No, the deposit requirement is paid up-front with court proceedings following in the normal way.
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(c) No, drivers based abroad will pay their deposit requirement and will be advised that they have an option to request a court hearing should they wish to challenge the fixed penalty offence, or will receive a summons if the offence is too serious to be dealt with by means of fixed penalty. In any event, drivers are not legally required to respond to any court summons if they reside abroad and non response may result in forfeit of the deposit. They do have the right to attend the hearing, be legally represented or respond in writing in cases involving summary offences.
Lord Taylor of Holbeach asked Her Majesty's Government:
Further to the Written Answer by Lord Adonis on 20 October (WA 86), by what methods courts collect fines from overseas heavy goods vehicles; and how they handle non-payment. [HL5921]
Lord Adonis: Currently it is extremely difficult to prosecute drivers without a fixed address within the UK. Subject to legislation, as from spring 2009 the offending driver will be issued with a fixed penalty by the Police or the Vehicle and Operator Services Agency (VOSA). The deposit will equal the amount of the penalty required. In the cases of matters requiring a court hearing, £300 per offence will be taken at the roadside and this will form all or part of any court fine. Should the court determine that the roadside deposit was insufficient then it will need to pursue this matter. The police or VOSA will take only the deposit.
If the driver fails to pay his deposit at the roadside, then the vehicle will be prohibited from moving and possibly immobilised.
Turks and Caicos Islands
Lord Jones of Cheltenham asked Her Majesty's Government:
What is the purpose of the inquiry set up to investigate opposition claims in the Turks and Caicos Islands; and when the results of the inquiry will be published. [HL5522]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): I refer the noble Lord to the Written Ministerial Statement (Official Report, cols. 14WS) made by my honourable friend the then Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Meg Munn) on 15 July. In light of the damage caused by Hurricane Ike in September, the governor of the Turks and Caicos has announced that after careful consideration and consultation with members of the commission, he has extended the time for the commission of inquiry to present a preliminary report by a further 15 weeks, to 16 February 2009.
Vehicles: Foreign-registered
Lord Bradshaw asked Her Majesty's Government:
What progress has been made in ensuring foreign-registered vehicles contribute to the costs of maintaining highway services in the United Kingdom. [HL5818]
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The Minister of State, Department for Transport (Lord Adonis): There are currently no plans to introduce a widespread tolling or user charging arrangement for foreign vehicles. All vehicles, including foreign vehicles, are required to pay the tolls and charges that apply for the use of various bridges and tunnels, and for the M6 Toll.
War Criminals
Baroness Northover asked Her Majesty's Government:
Whether they plan to introduce legislation that would require the Attorney-General's consent to issue warrants for the arrest of suspected war criminals in the United Kingdom; and [HL5779]
Whether they have received representations from any other Government for United Kingdom law to be amended in relation to the arrest of war crimes suspects. [HL5780]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): The prosecution of certain offences, including war crimes and other offences under Section 51 of the International Criminal Court Act 2001, requires the consent of either the Attorney-General or the Director of Public Prosecutions. Such consent is not required for the issue of an arrest warrant itself. The Government are continuing to consider whether and, if so, how to change the law in this area. Any proposals for legislation would be announced to Parliament in the normal way.
The Israeli Government have previously raised the Almog case. The content of those discussions is confidential.
Young Offender Institution: Zahid Mubarek
Lord Ouseley asked Her Majesty's Government:
Further to the Written Answer by Lord Bach on 21 October (WA 104), whether any of the staff at HM young offender institution Feltham who were involved with the circumstances surrounding the death of Zahid Mubarek are still working at the institution; and what action has been taken to ensure that no similar incident occurs there. [HL5838]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): Following the report of the Mubarek inquiry the Prison Service considered whether there was sufficient evidence to bring disciplinary action against any of the 38 staff still employed directly or indirectly by the service identified by the report as having been involved in the circumstances surrounding the tragic death of Zahid Mubarek. Of those 38 staff, 27 worked at HM young offender institution Feltham at the time of his death and eight currently work there.
In response to the death of Zahid Mubarek, a national cell sharing risk assessment (CSRA) tool was introduced across the prison estate in June 2002. A violence reduction strategy was introduced in 2004 which is designed to be nationally and locally responsive to any new issues that arise. A revised version, issued
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