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The criteria for determining whether information is releasable are described in the Finding a Balance document published on the Health and Safety Executive website. The objective of this document is to prevent the disclosure of sensitive nuclear information that could assist a person or group planning theft, blackmail, sabotage and other malevolent or illegal acts. It identifies categories of information which should not be disclosed, provides reasons for protecting this information and indicates the appropriate protective marking to be afforded to such information.
To ask Her Majesty's Government what was the total tonnage of fish caught by the United Kingdom-registered fishing fleet from species regulated by Common Fisheries Policy quotas in the past year for which the figure is available; and what was the total tonnage of those fish that were discarded. [HL833]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Davies of Oldham): UK fisheries laboratories send observers to sea to record the quantity of fish discarded and retained by fishing vessels. This sampling is intended to provide estimates of discards of the main commercial species, but at present is not representative of all UK fisheries. It is also only possible to sample a proportion of the vessels participating in any fishery. As a consequence, estimates of total discards are subject to uncertainty.
Around 440,000 tonnes of quota stocks were landed by UK vessels in 2008. These were caught in a wide range of different areas and fisheries, many of which were not sampled by scientific observers. Estimates of discards for 2008 are available for the following fisheries:
Fleet-English and Welsh vessels over 10 metres in length.Areas-North Sea (ICES area IV), and waters to the south and west of England and Wales (ICES area VII).Species-Demersal quota species (Cod, haddock, plaice, sole, anglerfish etc.).Estimated 2008 catches-37,000t, of which 27,600t were landed and 9,400t discarded.In total these fisheries are estimated to have caught around 332,000t of the relevant species in 2008, of which 283,000t was landed and 49,000t were discarded.
To ask Her Majesty's Government which food advisory committees deal with matters covered by the Official Secrets Acts; and why the Acts were applied in those cases. [HL834]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Davies of Oldham): It would not be in the national interest to identify whether issues relating to national security might be discussed within the context of food advisory committees.
To ask Her Majesty's Government whether they will discuss with the United Nations High Commissioner for Refugees the desirability of entering into a new partnership agreement with Nestlé, with reference to the International Code of Marketing of Breast-milk Substitutes and subsequent relevant World Health Assembly resolutions. [HL378]
The Minister of State, Foreign and Commonwealth Office (Baroness Kinnock of Holyhead): We fully support the principles of the International Code of Marketing of Breast-milk Substitutes and subsequent resolutions adopted by the World Health Assembly and are committed to the promotion and encouragement of breastfeeding for infants. We have spoken with the United Nations High Commissioner for Refugees and understand that they are in the process of considering their position.
To ask Her Majesty's Government whether they will extend the application of the Freedom of Information Act 2000 to activities of the BBC which impose charges on individual members of the public. [HL884]
Lord Davies of Oldham: Except for information held for the purposes of journalism, art or literature, which is expressly excluded, the BBC is subject to the provisions of the Freedom of Information Act. There are no plans to amend the current provisions.
To ask Her Majesty's Government what steps they will take to prevent other European Union member states' government bond yields and prices affecting the sale of United Kingdom gilts. [HL920]
The Financial Services Secretary to the Treasury (Lord Myners): The majority of demand for United Kingdom gilts is from domestic sources such as pension funds and insurance companies, and this demand is likely to be sustained over the medium term. The UK also benefits from being the only regular issuer of sovereign sterling debt instruments.
To ask Her Majesty's Government further to the Written Answer by Baroness Thornton on 3 November (WA 42-5), whether there was any change in the variation between primary care trusts of the numbers receiving NHS continuing care in the first two quarters of 2009-10. [HL842]
Baroness Thornton: Analysis of the numbers receiving National Health Service-funded continuing care in the first two quarters of 2009-10 shows a slight reduction in the variation in rates receiving continuing care per 10,000 population between primary care trusts, from a standard deviation of 4.5 in quarter 1 to a standard deviation of 4.2 in quarter 2.
To ask Her Majesty's Government what assessment they have made of the extent to which primary care trusts in which few people are receiving continuing care are meeting their obligations. [HL843]
Baroness Thornton: The department has raised this issue with strategic health authority (SHA) directors of performance.
SHAs have responsibility for working with primary care trusts (PCTs) on performance issues. All SHAs have arrangements in place for obtaining detailed performance data from their PCTs in relation to continuing care.
Since the issuing of the National Framework for National Health Service Continuing Healthcare (CHC) in 2007, the variation in eligibility levels for continuing care between PCTs has reduced significantly, and continues to reduce.
Practice guidance for CHC is presently being developed by the department and key stakeholders for issuing in 2010.
To ask Her Majesty's Government what progress they have made in implementing the recommendation in the NHS Toolkit for high-quality neonatal services, that "Every effort is made to keep a mother and her baby/babies in the same hospital during their respective admissions". [HL874]
Baroness Thornton: The Toolkit for High Quality Neonatal Services was launched on 4 November 2009. National Health Service regions, together with neonatal networks are holding implementation events to review what actions they may need to take to implement this best practice toolkit locally.
The NHS Operating Framework for 2010-11 also highlights to the NHS that the toolkit can be used to support them in improving their neonatal services. Networks and commissioners will be reviewing capacity within their areas as part of the unit designation process, which should also take account of transfer issues.
Asked by Lord Morris of Manchester
To ask Her Majesty's Government what recent developments there have been in addressing the problems and needs of those suffering the effects of thalidomide prescribed by the National Health Service; and what further action they will be taking. [HL924]
Baroness Thornton: The Minister of State for Health has announced, on 23 December, details of a £20 million three-year pilot scheme to explore a more personalised way of meeting the health needs of Thalidomide survivors in England.
Under the scheme, the department will provide the Thalidomide Trust with grant funding, which it will distribute to its beneficiaries to invest in adaptations and other preventive interventions to help reduce their long-term health needs and improve their quality of life.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government why the definition of "special category land" in regulation 2 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (SI 2009/2264) differs from the definition in article 30(3) of the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265). [HL711]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government & Department for Work and Pensions (Lord McKenzie of Luton): These statutory instruments serve different purposes. The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 govern the process of making an application for development consent and so the definition of "special category of land" captures all land which is potentially relevant.
The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 sets out guidance for the types of provision which might be included in an order granting development consent. The model provision at article 30 suggests a reference to the book of reference as it is in existence when an order granting development consent is made.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government what is the definition of "significant" in the definition of "EIA development" in regulation 2 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263); and what guidance will be issued on its interpretation. [HL852]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government & Department for Work and Pensions (Lord McKenzie of Luton): The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 transpose the requirements of EU Directive 85/337/EEC (the EIA Directive, as amended) to the regime established by the Planning Act 2009. The word "significant" in the definition of "EIA development" in regulation 2 of those regulations has the same meaning as in Article 1 of the EIA Directive. Guidance on EIA is available on the Communities and Local Government website. The regulations under Schedule 3 provide selection criteria for screening Schedule 2 development in order to assess whether a development is likely to have significant effects.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether regulation 4(2)(a) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) means that any applicant preferring to take a proposed development to the Commission may do so provided it is covered by one of the descriptions of development in Schedule 2 and is considered by the applicant to be significant. [HL853]
Lord McKenzie of Luton: Regulation 4(2)(a) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 enables an applicant to determine that their development is subject to EIA without the need to first obtain a screening opinion. This allows the screening step to be skipped where the applicant is confident that the EIA regulations apply.
Whether or not a proposed application falls within the scope of the Planning Act, and must therefore be examined by the IPC, is determined by reference to the thresholds set out in Part 3 of the Act, once the relevant threshold has been commenced.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government in what circumstances the Secretary of State may give a direction under regulation 5(2)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL854]
Lord McKenzie of Luton: The Secretary of State may give a direction where the IPC has accepted but not decided an application, and he judges that a direction is an appropriate course of action.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) will remove any development from all planning procedures. [HL855]
Lord McKenzie of Luton: Regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 empowers the Secretary of State to direct that a project falling within its scope is not subject to EIA, for the purposes of those regulations only. It has no bearing on any other planning procedures that may apply to the project, including the procedures established by the Planning Act 2008.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) may apply to developments instigated by departments other than the Ministry of Defence. [HL856]
Lord McKenzie of Luton: Regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 applies to any project falling within its scope, irrespective of the party promoting the project.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether the Secretary of State is required to make public his reasons for issuing a direction under regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL857]
Lord McKenzie of Luton: Where the Secretary of State issues a direction under regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, he is not required to make public his reasons for doing so.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether the periods of 21 days in regulation 6(6), and 42 and 28 days in regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) exclude national holidays. [HL887]
Lord McKenzie of Luton: The periods of time referred to in regulations 6(6) and 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 do not exclude public holidays. This is in line with similar provisions in existing consents regimes.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government whether paragraph 15(c)(vii) of Schedule 3 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) will create a presumption against national infrastructure projects in densely populated areas, including where they concern waste disposal or power generation. [HL888]
Lord McKenzie of Luton: Schedule 3 to the regulations sets out selection criteria for screening Schedule 2 development to assist an authority in reaching a decision about whether a development is subject to EIA. The criteria are transposed directly from the EIA Directive.
The fact that EIA is (or is not) required does not create a presumption for or against development taking place.
Asked by Lord Taylor of Holbeach
To ask Her Majesty's Government what will be the effects of the Commission or the relevant authority not adhering to the timetable laid down in regulation 6(6) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL889]
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