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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.

Question

Asked by Lord Teverson

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.

Fishing: Tonnage

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.

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Fleet-Scottish vessels over 10 metres in length.Areas-North Sea (ICES area IV), and west of Scotland (ICES Division Vla).Species-Cod, haddock, whiting and saithe.Estimated 2008 Catches-91,700t of which 56,600t were landed and 35,100t discarded.Fleet-UK vessels fishing for pelagic species.Areas-All areas.Species-Mackerel, horse mackerel, herring, sprat, blue whiting.Estimated 2008 Catches-203,200t of which 198,300t were landed and 4,900t 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.

Food: Advisory Committees

Question

Asked by Lord Laird

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.

Food: Infant Milk

Question

Asked by Lord Avebury

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.



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Freedom of Information Act 2000

Question

Asked by Lord Tyler

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.

Gilts

Question

Asked by Lord Dykes

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.

Health: Continuing Care

Question

Asked by Baroness Greengross

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.

Asked by Baroness Greengross

Baroness Thornton: The department has raised this issue with strategic health authority (SHA) directors of performance.



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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.

Health: Neo-natal Services

Question

Asked by Baroness Tonge

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.

Health: Thalidomide

Question

Asked by Lord Morris of Manchester

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.



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Infrastructure Planning (Applications, Prescribed Forms and Procedures) Regulations 2009

Question

Asked by Lord Taylor of Holbeach

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.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Question

Asked by Lord Taylor of Holbeach

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.



6 Jan 2010 : Column WA102

Asked by Lord Taylor of Holbeach

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

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

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



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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

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

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

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


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