Written Answers of 1 July 2004

  South-east Europe: Parliamentary Forum
  Lord Hylton asked Her Majesty's Government:
  In what ways they are supporting the proposal to create a parliamentary assembly for south-east Europe. [HL3159]
  The Minister of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean: Her Majesty's Government support the establishment of parliamentary forum for south-east Europe, which should make a positive contribution to regional co-operation and reconciliation in the Balkans. The Cetinje Forum is in its early stages and we are following developments closely.

  Sudan: Darfur
  Lord Avebury asked Her Majesty's Government:
  Whether, in view of the finding by the United Nations Special Rapporteur on Extrajudicial Execution that summary executions have been carried out in Darfur, they will invite President Omar el-Beshir to co-operate with the United Nations High Commission for Human Rights in setting up an independent international inquiry into the war crimes and crimes against humanity committed in Darfur. [HL3246]
  Baroness Symons of Vernham Dean: We fully endorse the report of the Office of the UN High Commissioner for Human Rights (OHCHR) on the situation in Darfur, and have discussed the findings of the report with the Government of Sudan.
  Subsequent to this report the OHCHR produced 90-day action plan for the Promotion and Protection o Human Rights in Darfur, which provided for the deployment of eight human rights monitors to Darfur. We fully support this plan and are providing financial support to the OHCHR for this purpose.
  The UN Security Council took note, in its presidential statement of 25 May, of the OHCHRs recommendation for the establishment of an international commission of inquiry to investigate alleged human rights abuses in Darfur. The Security Council may wish to revisit this proposal in light developments in Darfur, including the work of the national commission of inquiry set up by President Beshir.
  Lord Avebury asked Her Majesty's Government:
  Whether, in view of alleged attacks by Sudanese Janjaweed militia on Chadian territory, they consider the situation in Darfur to be a threat to peace within the meaning of Article 39 of the United Nations Charter; and, if so, whether they will
  WA38
  propose a resolution to the Security Council under Article 40, calling on the Sudanese Government to take immediate and active steps to disband the militia. [HL3343]
  Baroness Symons of Vernham Dean
  We are concerned by reports of incursions by the Janjaweed militias into Chad. We welcome President Beshir's announcement of 18 June of his intention to disarm all outlaws, Janjaweed and armed militias in Darfur. We have consistently urged the Sudanese Government to act quickly to rein in the Janjaweed and are encouraging them to translate this statement into action.

  There have been several discussions about Darfur in the Security Council. UN Security Council Resolution 1547 of 11 June called on all of the parties in Sudan to halt the fighting in the Darfur region and to conclude a political agreement without delay. Our priority now is to respond to the humanitarian crisis and support the rapid deployment of the African Union-led monitoring mission. However we will continue to consider with all partners what further pressure can be brought to bear.

  Ethiopia-Eritrea Boundary Commission
  Lord Avebury asked Her Majesty's Government:
  Whether they will make any further efforts, either bilaterally or through the European Union, to persuade the government of Ethiopia to accept the decision of the Ethiopia-Eritrea Boundary Commission, in accordance with the undertaking they gave when the commission was established. [HL3309]
  Baroness Symons of Vernham Dean: The UK, bilaterally and with European Union partners, will continue to press Ethiopia to accept the Boundary Commission decision, which is final and binding, and press Eritrea to participate in the comprehensive political dialogue proposed by the UN Secretary General's Special Envoy.

  Iraq: Status of Detainees
  Lord Berkeley asked Her Majesty's Government:
  Who decides whether a prisoner taken by either the United States, the United Kingdom or other member of the coalition occupying force in Iraq is classified as a prisoner of war under the Geneva Convention or sent to Guantanamo Bay; and what criteria are used in coming to a decision. [HL3320]
  Baroness Symons of Vernham Dean: The decision regarding the status of detainees and internees held in Iraq by UK forces is made following consideration of a number of factors. Article 4 of the Third Geneva Convention sets out the criteria by which persons may be detained as prisoners of war. Former senior members of the Saddam Hussein regime or high-ranking members of the Iraqi military under Saddam

  WA39
  are treated as prisoners of war under the Third Geneva Convention. Under Article 78 of the Fourth Geneva. Convention, if an occupying power considers it necessary for imperative reasons of security, it ma: intern individuals as security internees. All prisoners o war and all security internees held in Iraq by UK forces are protected under the Third Geneva Convention or Fourth Geneva Convention respectively.
  Where UK forces arrest individuals for criminal acts, they are classified as criminal detainees and are handed over to the Iraqi authorities or held on behalf of those authorities in accordance with Iraqi criminal law.
  The status of detainees and internees held in Iraq, or elsewhere, by the US is a matter for the US administration.

  Russia: Human Rights
  Lord Patten asked Her Majesty's Government:
  What was the date of their last discussions with the government of the Russian Federation concerning human rights in that country. [HL3328]
  Baroness Symons of Vernham Dean: My honourable friend the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Bill Rammell) raised human rights issues with senior Russian officials, including the Russian President's Human Rights Ombudsman, during his visit to Moscow in April.
  The next round of our annual bilateral human rights discussions with the Russians is expected to take place in the autumn.
  Lord Patten asked Her Majesty's Government:
  Whether in the last 12 months they have discussed judicial issues with the government of the Russian Federation. [HL332]
  Baroness Symons of Vernham Dean:The UK regularly discusses human rights issues with the Russian authorities. These discussions include various judicial issues.
  My honourable friend the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Bill Rammell), raised judicial issues with senior Russian officials during his visit to Moscow in April. Specifically, during talks with the Russian President's Human Rights Ombudsman, Vladimir Lukin, the Minister raised pre-trial detention centres in th context of Russia's obligations to the Council of Europe.

  Iraq: Kurdish Entity
  Lord Avebury asked Her Majesty's Government:
  What undertakings were given to Kurdish representatives in the administrative area, Coalition Provisional Authority North, in Iraq by the head of
  WA40
  that authority concerning referenda in Mosul, Kanakin and Kirkuk to determine whether those cities should be part of a future Kurdish entity in a federal Iraq. [HL3340]
  Baroness Symons of Vernham Dean: The Coalition Provisional Authority North regional co-ordinator gave no undertakings on referenda in Mosul, Kanakin and Kirkuk to determine whether those cities should be part of a future Kurdish entity in a federal Iraq.

  Export Subsidies
  Lord Hylton asked Her Majesty's Government:
  What decisions on export subsidies the leaders of the G8 countries have called for to be taken by July, and by whom; whether any of these fall to the United States Government; and whether they will propose the ending of agricultural export subsidies by the European Union. [HL3345]
  Baroness Symons of Vernham Dean: The G8 leaders' statement on trade at the Sea Island summit underlined their commitment to achieving ambitious results in the current round of WTO negotiations, including in the key issue of agriculture. Substantially reducing trade-distorting agriculture subsidies was agreed to be one of the core issues in negotiations.
  The detail of how agricultural export subsidies should be tackled is one of the issues currently being negotiated at the WTO. The EU and other WTO members aim to come to a framework agreement by the end of July, which we hope will include commitments on agricultural export subsidies.
  As called for by the UK, the EU has already made a significant move on export subsidies, having stated its readiness to negotiate an end date to all its export subsidies, provided that other developed countries agree to eliminate their own forms of agricultural export subsidies in parallel—including the subsidy elements of US export credits and food aid.
  All WTO members will need to work together constructively to ensure that we have a framework agreement by July.
  Lord Hylton asked Her Majesty's Government:
  What issues will be discussed at the European Union and United States summit on 25 and 26 June; and whether these include the ending of agricultural export subsidies. [HL3346]
  Baroness Symons of Vernham Dean: EU and US leaders discussed a range of issues, including the transatlantic economic partnership, Middle East, counter-terrorism, non-proliferation of weapons of mass destruction, HIV/AIDS, Sudan/Darfur, and Iraq. Negotiations on trade rules were not on the agenda. As called for by the UK, the EU has already made a significant move on agricultural export subsidies, having stated its readiness to negotiate an end date to all its export subsidies, provided that other developed countries agree to eliminate their own forms

  WA41
  of agricultural export subsidies in parallel—including the subsidy elements of US export credits and food aid This shows that Europe is serious about opening up markets in agriculture, particularly for developing countries.
  Lord Hylton asked Her Majesty's Government:
  Whether the forthcoming agendas of COREPER (European Union Committee of Permanent Representatives) and the Agriculture and Fisheries Council include the ending of agricultural export subsidies. [HL3347
  Baroness Symons of Vernham Dean: The agreed EU negotiating mandate for the current WTO trade round gives the European Commission considerable flexibility for manoeuvre. As called for by the UK, the EU has already made a significant move on agricultural export subsidies, having stated in a joint letter by Commissioners Lamy and Fischler on 9 May its readiness to negotiate an end date to all its export subsidies, provided that other developed countries agree to eliminate their own forms of agricultural export subsidies in parallel including the subsidy elements of US export credits and food aid. This shows that Europe is serious about opening up markets in agriculture, particularly for developing countries COREPER and the Agriculture and Fisheries Council are regularly updated on WTO negotiations.

  Low-lying Islands
  Lord Avebury asked Her Majesty's Government:
  Whether they will propose a scheme to the General Assembly of the United Nations that would allow people living in low-lying islands and coastal areas to claim compensation for the loss of habitable territory. [HL3372]
  Baroness Symons of Vernham Dean: We currently have no specific plans to propose a compensation scheme. However we share the concerns implicit in the noble Lord's question about the implications for lowlying island states and coastal areas of the current trends in climate change. We attach importance t international co-operation and research to understand better the impacts of climate change that can help countries to develop strategies to adapt. We support effective international action to mitigate the potential effects of climate change by reducing greenhouse gas emissions.

  Criminal Justice Act 1988: Section 134
  Lord Avebury asked Her Majesty's Government:
  Further to the Written Answer by the Baroness Scotland of Asthal on 13 November (WA 216) and in light of recent correspondence with Home On Ministers, how many officers of the Metropolitan Police are engaged in the investigation of offences under Section 134 of the Criminal Justice Act 1988;
  WA42
  how many alleged offences have been investigated since the Act came into force; and in respect of how many alleged offences files have been sent to the Attorney-General, either to request him to exercise his power under Section 135 of the Act, or as a preparatory act with a view to a possible subsequent request. [HL3373]
  The Minister of State, Home Office (Baroness Scotland of Asthal): In correspondence (copies of which have been placed in the Library), I have acknowledged that the response given on 13 November 2003 was incorrect. The correct Answer should be:
  "I have been informed by the Commissioner of Police for Metropolis that there is one detective superintendent in charge of a team of on average five people who are currently engaged in the investigation of offences under Section 134 of the Criminal Justice Act 1988.
  There have been approximately eight alleged offences investigated since the Act came into force. An exact figure could be obtained only at disproportionate cost.
  Information concerning the number of files that have been sent to the Attorney-General—either to request him to exercise his powers under Section 135 of the Act or as a preparatory act with a view to a possible subsequent request—could be obtained only at disproportionate cost".
  I am sorry that an incorrect Answer was originally given, the reason for which has been explained in my letter of 18 March.

  Iraq: Human Rights Guidance to UK Personnel
  Lord Lester of Herne Hill asked Her Majesty's Government:
  What instructions and guidance have been given to members of the Armed Forces and other United Kingdom personnel and contractors in Iraq as to the obligations imposed by the United Nations International Covenant on Civil and Political Rights and the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. [HL2751]
  The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach: All United Kingdom military personnel are informed of their responsibilities and obligations under relevant international humanitarian law through standard military training and pre-deployment training. These principles are reflected in standard orders and procedures. While other UK Government-employed personnel and government contractors do not receive such training, none is employed by Her Majesty's Government in duties where they have responsibility for apprehension, detention or guarding.

  Iraq: Treatment of Prisoners
  Lord Lester of Herne Hill asked Her Majesty's Government:
  Further to the statement by the Lord Bach on 12 May (HL Deb, col. 378), when and in what circumstances Ministers were first informed of the practice of hooding; what was the nature of the practice; and what were the reasons for its abandonment. [HL2835]
  Lord Bach:
  The hooding of detainees for the purposes of arrest or transit was a standard procedure for UK troops prior to Operation TELIC and, as such, was not specifically brought to the attention of Ministers. The UK believes that hooding during arrest. and transit is acceptable when there is a strong military reason, for example to offer security to our own forces and locations and to provide protection to the detainee (through the prevention of identification by other detainees).

  The practice of hooding was discontinued when there was no longer a military justification for continuing to do so.

  Iraq: UK Detention Facilities
  Lord Lester of Herne Hill asked Her Majesty's Government:
  Further to the statement by the Minister of State for the Armed Forces on 13 May (HC Deb, cols. 513–515), whether they will seek a permission of the International Committee of the Red Cross to publish the report of February 2004, together with the second report specific to United Kingdom detention facilities in Iraq. [HL2923]
  Lord Bach:
  No. It would not be appropriate to do so.

  War Pensioners: Alexander Izett
  Lord Morris of Manchester asked Her Majesty's Government:
  What further representations the Ministry of Defence has received about the case of war pensioner Alexander Izett, on which Lieutenant-Colonel Graham Howell of the British Forces Health Service in Germany reported; and whether they are considering any further action in this case. [HL3050]
  Lord Bach:
  Since Mr Izett wrote to my honourable friend the Parliamentary Under-Secretary of State for Defence on 1 May announcing that he had begun hunger strike. The honourable Member for North Cornwall, (Paul Tyler MP) has tabled on Parliamentary Question, which was answered on 13 May (Official Report col. 155W). As at 23 June
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  the Ministry of Defence has received 15 other representations from Members of Parliament and a further six from members of the public referring to Mr Izett's case.

  We do not propose any further action in the case of Mr Izett.

  Bosnia-Herzegovina: EU Mission
  Lord Astor of Hever asked Her Majesty's Government:
  What level of co-ordination there will be between the European Union planning cell and NATO in the forthcoming European Union peacekeeping deployment to Bosnia-Herzegovina; and which of the two will take the lead. [HL3357]
  Lord Bach:
  The proposed EU stabilisation mission to Bosnia will be conducted under the "Berlin Plus" arrangements through which the EU has assured access to NATO planning. The operational commander will be the Deputy Supreme Allied Commander Europe (DSACEUR), who will report as an EU commander to the EU's Political and Security Committee. The operational headquarters will be NATO's Supreme Headquarters Allied Powers Europe (SHAPE) at Mons in Belgium, acting on behalf of the EU. The EU has a small planning cell embedded at SHAPE to assist DSACEUR and to improve co-ordination between the EU and NATO; it also has staff at the NATO regional HQ in Naples. This EU element in Naples will be in the chain of command between DSACEUR and the EU force commander in Bosnia.

  Separately, the EU decided in December to set up a civil/military strategic planning cell within the EU military staff in Brussels. The civil/military cell will improve co-operation between the EU's civilian and military responses, and conduct early warning, situation assessment and strategic planning. The cell will not itself undertake operational planning and will have no direct involvement in EU military operations in Bosnia.

  Parliamentary Constituencies
  Lord Monson asked Her Majesty's Government:
  How many electors on average there will be per parliamentary constituency in:

  England

  Wales

  Scotland; and

  Northern Ireland

  after the number of Scottish seats at Westminster has been reduced from 72 to 59. [HL3374]
  The Minister of State, Office of the Deputy Prime Minister (Lord Rooker): The average number of electors in a constituency after the reviews currently

  WA45
  being undertaken by the Parliamentary Boundary Commissions are implemented is as follows:
  Wales: approximately 55,000 electors per constituency
  Northern Ireland: approximately 60,000 electors per constituency
  England and Scotland: approximately 70,000 electors per constituency
  The Boundary Commissions for England and Northern Ireland are required to submit their final reports in April and June 2007 respectively and the Boundary Commissions for Scotland and Wales in December 2006. It is a matter for the commissions, within these timescales, when they provide their final reports.

  Illegal Meat Imports
  Lord Rotherwick asked Her Majesty's Government:
  Further to the Written Answer by the Lord Warner on 14 June (WA 55), on what evidence the Food Standards Agency's Advisory Committee on the Microbiological Safety of Food decided that illegal meat imports did not require further investigation at present. [HL3395]
  The Parliamentary Under-Secretary of State, Department of Health (Lord Warner): The Advisory Committee on the Microbiological Safety of Food (ACMSF) ad hoc imported foods group considered documentary and verbal evidence provided by the Food Standards Agency, Health Protection Agency, Her Majesty's Customs and Excise and the Department for Environment, Food and Rural Affairs relating to current processes in place to prevent unsafe food including meat entering the United Kingdom.
  In view of the large amount of government attention being focused on illegal imports; the group concluded that there was currently no need for it to undertake further investigation, although it was agreed that the ACMSF should keep a watching brief on developments in this area.
  Lord Rotherwick asked Her Majesty's Government:
  Whether the Food Standards Agency will consider evidence of the testing and sampling of illegal meat imports for infectious diseases before deciding on further investigation of the issue. [HL3396]
  Lord Warner:
  The Food Standards Agency will continue to monitor all available data and keep under review its assessment of the microbiological risks to public health from illegally imported meat including bushmeat.

  Lord Rotherwick asked Her Majesty's Government:

  What feedback has been received on the value of the Food Standards Agency's training course for
  WA46
  local authority enforcement officers on illegal imports; and what ongoing information, guidance and advice they provide on illegal imports. [HL3443]

  Lord Warner:
  The Food Standards Agency (FSA) provided a training programme on imported food, which covered how to deal with illegally imported products, for local authorities during 2003–04 as part the Step Change project to improve the enforcement imported food controls. Representatives from 99.75 per cent of all United Kingdom local authorities attended the courses and 96 per cent of attendees rated the courses positively (excellent or the equivalent top mark).

  Additionally, the FSA will shortly issue statutory guidance on imported food and feed controls for local authorities, and has established an imported food inquiry line and dedicated area of the FSA website for inquiries from enforcement officers, trade and the public.

  Financial Services Compensation Scheme
  Lord Laird asked Her Majesty's Government:
  Who administers the Financial Services Compensation Scheme; and whether they have made a payment to a resident of Northern Ireland. [HL3364]
  The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord McIntosh of Haringey): The Financial Services Compensation Scheme was set up under the terms of the Financial Services and Markets Act 2000. The Financial Services Compensation Scheme is an independent body, although it is accountable to the Financial Services Authority.
  The scheme is available to customers of financial services firms regulated in the UK, and compensation is payable to eligible claimants, nearly always respective of current residence. The scheme has paid compensation in respect of claims against failed financial services firms based in Northern Ireland, and to Northern Ireland residents.

  Working at Height Regulations
  Lord Moynihan asked Her Majesty's Government:
  What extra requirements paid and volunteer instructors in outdoor and adventurous activities will have to undertake as a result of the proposals for Work at Height Regulations. [HL3322]
  The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham): The HSC does not expect any extra requirements to fall to paid and voluntary institutions if the Working at Height Regulations are implemented as proposed.

  Nappies
  Baroness Miller of Chilthorne Domer asked Her Majesty's Government:
  What is their estimate of the volume of disposable nappies entering the waste stream in the United Kingdom per year; and what resources they have allocated to reducing that volume. [HL3281]
  The Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs (Lord Whitty): The Strategy Unit report Waste Not Want Not estimated that nappies comprised around 2 per cent of household waste, equivalent to 350,000 tonnes.
  Following the publication of Waste Not Want Not the Government accepted the recommendation that the Waste and Resources Action Programme (WRAP) should take forward (as part of an overall waste minimisation initiative) work on supporting reusable nappies through the provision of support for new businesses and information to parents.
  The aim of the WRAP programme is to achieve an average diversion of 225kg per year per participating household. WRAP's target is to convert 155,000 households to reusable nappies by end of fiscal year 2006. This is an ambitious target and if achieved would create a reduction in household waste of 35,000 tonnes (per annum).
  The WRAP budget for its nappies work for 2004–05 is £1.2 million.

  Railways: Franchises
  Lord Berkeley asked Her Majesty's Government:
  Whether rail franchises are subject to European Union public procurement rules. [HL3379]
  Lord Davies of Oldham:
  Rail franchises in the United Kingdom are not subject to European Union Public Services Contracts Regulations 1993 because they are concessions which are expressly excluded from these regulations. They are, however, subject to the main principles of the European treaty of nondiscrimination based on nationality (i.e. equality of treatment), transparency and mutual recognition.

  Heathrow Airport: Terminal One Lifts
  Lord Rogan asked Her Majesty's Government:
  For how long the lift in Heathrow Terminal One has been out of action; and whether they will estimate when it will be back in full working order. [HL3465]
  Lord Davies of Oldham:
  There are 60 lifts in Terminal 1. I understand lifts 13 and 14 were taken out of service in July 2003. A planned replacement programme has been delayed but the lifts are now due back in service at the end of August 2004. Lift 17 was out of service for four days at the start of this month and returned to service on 7 June 2004. Apart from lifts 13, 14, and 17, all other Terminal 1 lifts which experienced faults in 2004 returned to service on the day of the fault.