Previous Section Back to Table of Contents Lords Hansard Home Page



12 May 2009 : Column WA179

Written Answers

Tuesday 12 May 2009

Armed Forces: DDA Exemption

Questions

Asked by Lord Morris of Manchester

The Parliamentary Under-Secretary of State, Ministry of Defence (Baroness Taylor of Bolton): The Armed Forces have an exemption from the employment provisions of the Disability Discrimination Act 1995 (DDA) because all service personnel need to be combat effective in order to meet a worldwide liability to deploy. This means that everyone who joins the Armed Forces undergoes a rigorous selection and initial training process to ensure that they can withstand the hardship and challenges of military service.

The Armed Forces do not allow units to have a protected role or reduced commitment, which means that everyone is liable to deploy and to fight anywhere in the world, even if only in self-defence. Accordingly, the MoD has concluded that it is essential that exemptions from domestic and international disability legislation are retained. For this reason the Armed Forces' exemption from the DDA has been replicated in the Equality Bill. This is required to ensure the continued combat effectiveness of the Armed Forces, as decisions on operational effectiveness must be taken by MoD Ministers, accountable to Parliament and based on military advice, not by the courts. The Armed Forces must be able to determine and set their own standards, based on the tasks to be performed. The Government do not expect the rationale for the exemption from the DDA to change, hence there are no plans to remove this exemption.

The Armed Forces perform a role which is fundamentally different from those of other organisations, such as the police and the fire services. All service personnel are weapons-trained and need to be able to

12 May 2009 : Column WA180

respond to the uniquely harsh realities and complexities of warfare. This involves deployment overseas and prolonged working in stressful situations and arduous environments. Service in the police and the fire services is intrinsically different, not least because there is no requirement for everyone to be weapons-trained, or to serve overseas for prolonged periods. The Government do not consider that a direct comparison can be drawn between service in such disparate organisations.

Banking

Questions

Asked by Viscount Waverley

The Financial Services Secretary to the Treasury (Lord Myners): The Government expect banks to value the assets on their balance sheet in accordance with industry and international best practice, the relevant accounting rules and financial regulations. The Chancellor of the Exchequer announced on 19 January that banks joining the asset protection scheme would have to implement the highest international standards of public disclosure in relation to their assets. Further detailed information about the assets in the scheme will be provided after the final contracts are signed.

Asked by Lord Laird

Lord Myners: It is a long-standing practice that the Government do not normally publish details of the meetings of UK Ministers and officials with their counterparts in other Governments, as to do so might prejudice free and frank discussions.

British Citizenship

Question

Asked by Lord Avebury



12 May 2009 : Column WA181

The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): An announcement anticipating this change has been on the UKBA website since 16 July 2008. We are in the process of updating this to reflect the current progress of the Bill.

British Coal Compensation

Questions

Asked by Lord Lofthouse of Pontefract

The Minister of State, Department of Energy and Climate Change & Department for Environment, Food and Rural Affairs (Lord Hunt of Kings Heath): The department has not made any such assessment to date. The department will consider the matter further when the Solicitors Disciplinary Tribunal's written ruling in respect of the case against Avalon is published.

Asked by Lord Lofthouse of Pontefract

Lord Hunt of Kings Heath: The total costs for claimants' solicitors handling claims under the vibration white finger scheme is £187.14 million (includes Solicitors Co-ordinating Group, UDM and Vendside Ltd) as at 31 March 2009.

Asked by Lord Lofthouse of Pontefract

Lord Hunt of Kings Heath: Chronic Obstructive Pulmonary Disease (COPD)—The closing date to register claims under the COPD scheme was 31 March 2004.



12 May 2009 : Column WA182

The total number of claims received under the COPD scheme is 592,000. An aspirational scheme completion date was set for 16 February 2009 over four years ago. In agreement with the court overseeing the COPD scheme in March 2009 the target is now to reduce claims down to 2000 by 30 November 2009 with the aim to resolve the remaining claims by end 2010.

Vibration White Finger (VWF)—Vibration white finger was closed to new application in October 2002 for live claims and January 2003 for posthumous claims.

The total number of claims received under the vibration white finger (VWF) scheme is 170,000. As at end of March 2009, over 169,000 claims have been settled. The VWF litigation concluded on 1 May 2009. The department expects to have settled the remaining 535 VWF claims by end 2009.

Asked by Lord Lofthouse of Pontefract

Lord Hunt of Kings Heath: I understand the Legal Complaints Service (LCS) has entered into agreement with some solicitor firms on the basis that the firms write to the clients they represented in the chronic obstructive pulmonary disease or vibration white finger schemes providing information on the issue of deductions and the right of the clients to request repayment of any inappropriate deduction(s). Therefore, this is a matter for the LCS and the solicitors involved.

I am keeping in touch with the LCS on the progress of this initiative.

Common Land

Questions

Asked by Lord Greaves

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): Fifty-nine applications have been made under Section 38, of which 29 have been decided; details are given in the following table:



12 May 2009 : Column WA183



12 May 2009 : Column WA184

Name of common [and County]Date application receivedDecision

Redbourn Common, Hertfordshire

19 November 2007

Granted

Rishworth Moor Common, West Yorkshire

21 November 2007

Granted

Houndwell Park (Spark Park), Hampshire

27 November 2007

Granted

Crosscannonby Foreshore, Cumbria

20 December 2007

Granted

Tiptree Heath Common, Essex

4 January 2008

Granted

Lately Common, Cheshire

7 January 2008

Granted

The Village Green Common, North Yorkshire

18 February 2008

Granted

Bowscale Common, Cumbria

20 February 2008

Granted

Mungrisdale Common, Cumbria

20 February 2008

Granted

Saddleback Common, Cumbria

20 February 2008

Granted

Hargill Common, North Yorkshire

26 February 2008

Granted

Walney Island (South), Cumbria

29 February 2008

Granted

The Green Common, Buckinghamshire

3 March 2008

Granted

Llynclys Hill Common, Shropshire

4 April 2008

Granted

Gembling Common, East Yorkshire

14 May 2008

Granted

Broad Street Common, Surrey

11 June 2008

Pending

Shalford Common, Surrey

13 June 2008

Granted

The Moors, Shropshire

27 June 2008

Granted

Crownhill Down, Devon

4 July 2008

Granted

Chilgrove Common, West Sussex

16 July 2008

Pending

Curtismill and Wattons Green, Essex

28 July 2008

Granted

Common land at Portland, Dorset

18 August 2008

Granted

Redhill and Earlswood Commons, Surrey

3 September 2008

Granted

Pickhurst Green Common, Bromley

2 October 2008

Pending

The Lees, Kent

14 October 2008

Granted

Roadside Waste, Borehamwood, Hertfordshire

17 October 2008

Granted

Little Warley Common, Essex

27 October 2008

Granted

Blackheath Common, Surrey

3 November 2008

Pending

Thornage Common, Norfolk

10 November 2008

Granted

The Green, Norfolk

12 November 2008

Granted

Hayes Common, Bromley

18 November 2008

Pending

Hartlebury Common, Worcestershire

19 November 2008

Pending

Lydlinch Common, Dorset

20 November 2008

Pending

Withycombe Raleigh Common, Devon

21 November 2008

Pending

Arkengarthdale Common, North Yorkshire

15 December 2008

Granted

Shaugh Prior Common, Devon

23 December 2008

Granted

Cinder Hill, East Sussex

31 December 2008

Pending

Great Common, Suffolk

2 January 2009

Pending

Marley Common, West Sussex

7 January 2009

Pending

Prees Heath, Shropshire

8 January 2009

Pending

Englefield Green, Surrey

14 January 2009

Pending

Chesham Moor Common, Buckinghamshire

4 February 2009

Pending

Westfield Common, Surrey

9 February 2009

Granted

Alderford Common, Norfolk

9 February 2009

Pending

Swannington Upgate Common, Norfolk

9 February 2009

Pending

Clee Liberty Common, Shropshire

9 February 2009

Pending

Therfield Heath, Hertfordshire

9 February 2009

Pending

Yately Green, Hampshire

11 February 2009

Pending

Wessington Green Common, Derbyshire

20 February 2009

Pending

London Fields, Hackney

10 March 2009

Pending

Bridgeyate Common, South Gloucestershire

19 March 2009

Pending

Viscar Common, Cornwall

24 March 2009

Pending

Aspull Common, Wigan

26 March 2009

Pending

Hapton Common, Lancashire

14 April 2009

Pending

Smithwood Common, Surrey

14 April 2009

Pending

Sodbury Common, South Gloucestershire

20 April 2009

Pending

Long Green and Spears Hill, Suffolk

20 April 2009

Pending

Blackdown/West Blackdown Common, Devon

22 April 2009

Pending

Thwaites Fell, Cumbria

24 April 2009

Pending

Asked by Lord Greaves

Baroness Andrews: Nine applications have been made under Section 16, of which six have been decided; details are given in the following table. Suitable replacement land was provided in every case where consent has been granted.

Name of common or green and countyDate application receivedDecision

(1) Commons

Mill Green Common, Hampshire

7 November 2007

Granted

Crowborough Common, East Sussex

7 May 2008

Refused

Dartford Heath Common

16 June 2008

Granted

Puxey Pond, Dorset

2 July 2008

Pending

Gentleshaw Common, Staffordshire

1 September 2008

Granted

(2) Village greens

Kingston Beach, West Sussex

19 March 2008

Granted

The Green, Barrington, Cambridgeshire

26 August 2008

Granted

Barmby Moor, East Yorkshire

28 January 2009

Pending

Easington Village Green, Durham

6 April 2009

Pending

(3) Town greens

None specifically designated as such on the application

Counterterrorism


Next Section Back to Table of Contents Lords Hansard Home Page