Written Answers of 26 February 1998

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  UN Commission on Human Rights: Prompt Issue of Reports
  Lord Avebury
  asked Her Majesty's Government:

  Whether they will propose that the reports of the Special Rapporteurs and Working Groups of the United Nations Commission on Human Rights will be published immediately in the original languages of their authors, instead of waiting until all the translations have been done, as is now the practice. [HL637]

  The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean)
  We encourage the UN Secretariat to issue such reports as soon as practicable and welcome recent efforts to disseminate them more widely using the Internet. But changes to procedures involving the UN's official languages would be certain to be resisted by member states which consider themselves thereby disadvantaged.

  Gibraltar: Right of Self-Determination
  Baroness Hooper
  asked Her Majesty's Government:

  What is the position concerning self-determination in relation to Gibraltar. [HL754]

  Baroness Symons of Vernham Dean
  We support the right or principle of self-determination reflecting the wishes of the people concerned. It should be exercised in accordance with the other principles and rights in the UN Charter and with other treaty obligations. In Gibraltar's case that includes Article X of the Treaty of Utrecht. This has been the long-standing position of successive British Governments.

  General Affairs Council, 23 February
  Lord Bruce of Donington
  asked Her Majesty's Government:

  Whether they will announce the outcome of the General Affairs Council held in Brussels on 23 February. [HL806]

  Baroness Symons of Vernham Dean
  The Council adopted the 20 A Points in document 6146/98 and noted the resolution adopted by the European Parliament in documents 5191/98 and 5188/98. Copies of both documents will be placed in the Libraries of the House as soon as they are available.

  There was a brief report from the Commission on negotiations with South Africa on the Trade and Co-operation Agreement. This followed the recent talks with the South African Trade Minister. Further negotiations are scheduled for March.
  WA 108
  The Council discussed progress on the negotiations between the EU and Switzerland aimed at reaching agreement on a package covering six sectors, including free movement of people, agriculture and transport issues. Ministers noted that progress was being made and expressed the hope that the Transport Council on 17 March could resolve outstanding issues on transport.

  The Council welcomed the plan for a high-level EU-China meeting in the margins of ASEM 2. It agreed to continue and expand its human rights dialogue with China by holding at least one meeting per Presidency. Within that dialogue it agreed to continue to raise the cases of individuals, encourage Chinese engagement with the UN's human rights instruments and develop and expand the EU-China co-operation programme. It looked forward to an early and fruitful visit to China by the UN High Commissioner for Human Rights. In view of the first encouraging results of the EU/China human rights dialogue, the Council decided that neither the Presidency nor member states should table or co-sponsor a draft Resolution at the next UN Commission on Human Rights (CHR). The EU's opening statement at CHR will refer to the human rights situation in China. If the situation arose, the Council agreed that EU delegations should vote against a no-action motion. The Council agreed to continue to make public its concerns regarding the human rights situation in China and to raise these matters as part of its wider dialogue with China. The EU will keep this policy under regular review.

  As agreed at the General Affairs Council in January, Ministers reviewed EU policy towards Iran. The Council agreed that a number of recent developments in Iran were encouraging and that the EU should respond by increasing the level of political contact with Iran, including by lifting the ban on official bilateral ministerial visits. The Council invited the Political Committee to submit further recommendations on how political contacts between the EU and Iran—covering both areas of EU concern and issues of mutual interest—might develop. The Council also reviewed progress in the areas of concern to the EU, namely weapons of mass destruction, terrorism, Iran's attitude to the Middle East Peace Process and human rights, including the fatwa against Salman Rushdie. The Council reaffirmed the importance of fully implementing its existing security measures and of its continued vigilance in these matters. Ministers agreed that Iran's willingness to address EU concerns would greatly enhance the success of the EU's political contacts with Iran.

  My right honourable friend the Foreign Secretary updated colleagues on the Presidency's plans for handling enlargement during the UK Presidency and on thinking concerning the substance of the European Conference.

  The Council welcomed the announcement of an agreement between the UNSG and Iraq and stressed that the EU wanted a diplomatic solution. The Council also expressed thanks to the Secretary General for his efforts, but noted that agreement was only secured because of the firm resolve shown by the United Nations and the international community. The Council insisted that

  WA 109
  UNSCOM must be able to resume effective inspections. It also recorded concern at the humanitarian situation in Baghdad and therefore welcomed the recent UN resolution (1153) doubling the oil-for-food programme.

  There was a brief discussion about Ukraine. The Commission noted that the Partnership and Co-operation Agreement was due to come into force on 1 March and that there would be parliamentary elections at the end of March.

  The Council discussed the EU' s role in the Middle East Peace Process and its future economic assistance on the basis of a communication from the Commission and a report by President Santer on his recent visit to the region. The Council expressed its grave concern at the serious decline in the Palestinian economy, despite the efforts of international donors. It reiterated its views that economic development is a prerequisite for political stability and that the removal of obstacles to Palestinian economic development, including closures, is in the long-term security interests of Israel.

  The Council agreed that the EU should demonstrate its continued commitment to the peace process through a renewal of its financial assistance to the Palestinian Authority, and requested the Commission to submit proposals to provide a basis for continued assistance after the expiry of the current regulation at the end of 1998. It also agreed on a wide-ranging strategy aimed at improving the effectiveness of EU assistance to the Palestinians, including:

  an evaluation by the Commission of aid provided under the current programme so that lessons learned may be taken into account in the implementation of future assistance;

  intensification of the EU/Israel dialogue on the removal of obstacles to Palestinian economic development:

  full and rapid implementation of the EC-PLO Interim Association Agreement;

  exploring ways of improving the effectiveness of the Ad Hoc Liaison Committee in tackling the problems faced by the Palestinian economy;

  continued efforts to encourage the Palestinian Authority to fulfil commitments made on transparency and accountability;

  a constructive and effective EU contribution to international efforts to restore confidence in the peace process and establish a firm basis for a resumption of negotiations, including through improved consultation with the United States;

  continued development of the Barcelona Process in parallel to the peace process as a long-term strategy for the stability and economic development of the region.

  The Council discussed its growing concern at the situation in Kosovo. It called on all parties to exercise restraint and refrain from all acts of violence. The Council called on the authorities in Belgrade and the leadership of the Kosovo Albanian community urgently to begin a full and constructive dialogue. The Council endorsed in principle the Commission proposals to improve aid procedures for Bosnia. This will permit quicker and more
  WA 110
  effective disbursement of EC assistance, including down to local municipality level, to those supporting the Dayton Accord. It looked forward to the European Parliament's Opinion on this.

  My right honourable friend the Foreign Secretary chaired successful inaugural meetings of the EU/Estonia, EU/Latvia and EU/Lithuania Association Councils. Formal sessions focused on each associate's preparations for accession. Over dinner, Ministers discussed a range of political issues.

  Scottish Judges: Removal from Office
  Lord Lester of Herne Hill
  asked Her Majesty's Government:

  Further to the Written Answer by Lord Sewel on 9 February (WA 134), whether there is any statutory or other binding rule preventing Scottish judges from being removed from office without the approval of Parliament. [HL613]

  The Parliamentary Under-Secretary of State, Scottish Office (Lord Sewel)
  Scottish judges are appointed by Her Majesty The Queen and there are no statutory powers to remove them from office. Although there is no recorded incidence of any Government attempting removal of a Scottish judge, it is thought that such a judge could be removed by Her Majesty The Queen on an address passed by both Houses of Parliament. The Scotland Bill, which will come before this House in due course, includes a provision on the future procedure for removal of a Scottish judge from office.

  Channel Tunnel Rail Link: Refinancing
  Lord Grenfell
  asked Her Majesty's Government:

  Following the statement by the Deputy Prime Minister and Secretary of State for the Environment, Transport and the Regions in another place on 28 January, (Official Report cols. 461–74), what response they have had from London and Continental Railways in respect of revised financing proposals for the Channel Tunnel Rail Link. [HL828]

  The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman)
  We have held discussions with Bechtel, representing the shareholders of London & Continental Railways, and Railtrack for whom the shareholders envisage a future role. These discussions have resulted in a framework proposal, but one which still needs to be further developed. London & Continental Railways have consequently asked for more time. In light of the complex nature of the framework proposals and the amount of further work that needs to be done, we have decided that time should be allowed to establish whether there is an acceptable way forward; an extension to 31 March 1998 has therefore been authorised.

  Channel Tunnel Rail Link: Assurances
  Lord Thomson of Monifieth
  asked Her Majesty's Government:

  Whether in any new arrangements regarding contractors for the Channel Tunnel Rail Link they will ensure that the environmental undertakings relating to the vertical alignment of the Link and noise abatement measures in the Westwell Leacon section of the line are adhered to. [HL725]

  Baroness Hayman
  During the course of Parliament's consideration of the Channel Tunnel Rail Link Bill, nearly 600 assurances were given in response to concerns about the construction or operation of the new railway. Compliance with those assurances is a minimum requirement of the Development Agreement for the Rail Link which was awarded to London & Continental Railways. The Secretary of State hopes that London & Continental Railways will soon bring forward acceptable financing proposals to enable it to proceed with the scheme, but compliance with Bill assurances will continue to be a minimum requirement in any event.

  Radioactively Contaminated Land
  Viscount Hanworth
  asked Her Majesty's Government:

  When they will launch the consultation on radioactively contaminated land. [HL830]

  Baroness Hayman
  We are today launching a consultation on radioactively contaminated land, jointly with my right honourable friend the Secretary of State for Scotland and my right honourable friend the Secretary of State for Wales.

  We are seeking views on the structure and principles that should underlie a regulatory regime for radioactively contaminated land. Copies of the consultation paper have been sent to the Chief Executives and Chief Environmental Health Officers of all local authorities, and to other interested parties, and a copy has been placed in the Library of the House. Responses to the consultation are requested by 1 June 1998.

  New Prisons: Planning Provision
  Lord Ponsonby of Shulbrede
  asked Her Majesty's Government:

  When they will publish guidance to local planning authorities on the need for them to make adequate provision for prisons in their development plans. [HL829]

  Baroness Hayman
  We have today published a circular entitled Planning for Future Prison Development. This circular provides advice to local planning authorities on the need to make adequate provision through the planning system for new prison developments. It considers the issues which need to be
  WA 112
  taken into account in selecting suitable locations for prisons and sets out the approach whereby the provision of sites can be taken forward through the development plans system. Given that the ongoing programme of prison development is a matter of national importance, this circular constitutes guidance of the sort envisaged in paragraph 11 of the recently published Policy Statement Modernising Planning.

  This circular recognises that there will be a continuing need for new prison development in the foreseeable future and encourages local planning authorities to recognise that the provision of land for the secure accommodation of prisoners is an obligation the Prison Service shares with society at large. However, the circular does not impose any new duties on local planning authorities or others: it simply sets out how the Prison Service and individual authorities may best work together for the common good.

  Conservative Hereditary Peers: Voting Pattern
  Lord Tebbit
  asked the Leader of the House:

  Whether he will publish the statistics upon which he based his claim that Conservative hereditary peers "invariably end up voting with the Conservative Party" (H.L. Deb., 27 January, col. 100).

  The Lord Privy Seal (Lord Richard)
  Since the general election on 1 May 1997, there have been 36 divisions in the House. 1,204 Conservative hereditary peers' votes have been cast against the Government: and, as the noble Lord's Chief Whip will doubtless be relieved to know, only 18 Conservative hereditary peers' votes (1.5 per cent.) have been cast against their own front bench, by 10 individuals.

  Under the circumstances of the somewhat brisk rhetorical exchange during Starred Questions to which the noble Lord refers, I consider that these figures justify my remark.

  General Teaching Council: Costs
  Lord Tope
  asked Her Majesty's Government:

  What the estimated costs to the Exchequer will be in setting up the general teaching council as outlined in the Teaching and Higher Education Bill [H.L.]. [HL715]

  The Minister of State, Department for Education and Employment (Baroness Blackstone)
  The Teaching and Higher Education Bill, currently before Parliament, provides for the council to be self-financing, through the levying of registration fees on all serving teachers. The Government may, however, fund the initial costs of the council when first established, before the arrangements for registration fees come into force. It is not possible to offer a clear indication of the expected costs to the Exchequer at this stage.

  Government Reviews: Reports
  Lord Chesham
  asked Her Majesty's Government:

  Further to the Written Answer by the Lord McIntosh of Haringey on 12 February (WA 232), how they intend to report to Parliament the results of the 113 reviews and 37 task forces. [HL704]

  Lord McIntosh of Haringey
  Decisions and arrangements for reporting the outcome of reviews they have commissioned are a matter for the Ministers concerned.

  Guards' Memorial
  Lord Harris of Greenwich
  asked Her Majesty's Government:

  When the Guards' Memorial in St. James's Park was last cleaned. [HL642]

  Lord McIntosh of Haringey
  Responsibility for the subject of this Question has been delegated to the Royal Parks Agency under its Chief Executive, Mr. David Welch. I have asked him to arrange for a reply to be given.

  Letter to Lord Harris of Greenwich from the Chief Executive of the Royal Parks Agency, Mr. David Welch, dated 26 February 1998.

  I have been asked by the Secretary of State for Culture, Media and Sport to reply to your Parliamentary Question asking when the Guards' Memorial was last cleaned.

  The Guards' Memorial was last cleaned in 1996. It is cleaned every two years and is due to be cleaned again this year before the Trooping of the Colour ceremony.

  The memorial suffers from algal growth in certain weather conditions and we are seeking a solution to this problem.

  Drug Treatment and Testing Order: Pilot Schemes
  Lord Islwyn
  asked Her Majesty's Government:

  Which areas have been chosen to pilot the proposal in the Crime and Disorder Bill [H.L.] to introduce a drug treatment and testing order.

  The Parliamentary Under-Secretary of State, Home Office (Lord Williams of Mostyn)
  My honourable Friend the Member for Gateshead East and Washington West (Joyce Quin) announced in a speech to a conference in York organised by Her Majesty's Inspectorate of Probation on 25 February 1998 that the pilots will take place under the management of Merseyside, South-East London and Gloucestershire Probation Services.
  WA 114
  Thirty-six probation areas expressed an interest in managing the pilot of the drug treatment and testing order. All the proposals were well thought-out and enthusiastic and the choice was therefore far from clear cut.

  Asylum Applications
  Lord Renfrew of Kaimsthorn
  asked Her Majesty's Government:

  What is the number of applicants for asylum whose applications have not yet been decided and who have not yet been called for interview—(a) who applied prior to 1 January 1990; and (b) who applied during each successive calendar year since that date. [HL643]

  Lord Williams of Mostyn
  As at 31 January 1998, there were 51,445 applications for asylum in the United Kingdom, excluding dependants, awaiting an initial decision. The available breakdown of these cases, by year of application, is given in the table. I regret that it is not possible to determine, within the statistics, those who are awaiting an initial interview.

  It is estimated that around 10,000 of those applications awaiting an initial decision were lodged prior to the introduction of the Asylum and Immigration Appeals Act 1993. I regret, however, that a detailed breakdown of these cases, by year of application, is not available.

  Asylum applications awaiting an initial decision as at 31 January 1998, by year of application1

  Year of application

  Percentage

  Pre 1994

  20

  1994

  15

  1995

  25

  1996

  15

  1997

  20

  1998

  5

  Total

  51,445 (100%)

  1 Estimates rounded to the nearest 5 per cent.

  Roe v. Wade
  Lord Braine of Wheatley
  asked Her Majesty's Government:

  Whether they will obtain from the United States Congress the testimony submitted to the United States Congress Judiciary Committee hearing in the case Roe v. Wade together with a transcript of the hearing held in January. [HL650]

  The Minister of State, Department of Health (Baroness Jay of Paddington)
  No. The testimony would add nothing to the Government's approach to abortion matters which are clearly established within the 1967 Abortion Act. The cost incurred would therefore be unjustified.

  Delayed Hospital Discharges
  Lord Hamilton of Dalzell
  asked Her Majesty's Government:

  What is the impact on hospital waiting lists of beds occupied by medically fit people awaiting discharge who cannot leave because there is no one to look after them. [HL702]

  Baroness Jay of Paddington
  The importance of effective hospital discharge arrangements cannot be over emphasised. It is crucial that hospitals and social services departments work together to ensure that integrated and sensitive hospital discharge arrangements are in place for people with long-term care needs and to WA 116
  ensure that the impact of delayed discharges on hospital waiting lists is kept to a minimum. Much hard work has already gone into improving joint working in this area but there are still improvements that can be made in most places. When we announced the extra £300 million we were making available to ease the pressures on the health and social care system during the winter period, we made it clear that some of the money should be used to tackle delayed discharges. The information we have for England indicates that the position on delayed discharges of elderly patients is improving. However it is not possible to quantify the impact of this on hospital waiting lists.

  Information on delayed discharges is not routinely collected in the rest of the United Kingdom.