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Written Answers to Questions
Monday 25 March 1991
HOME DEPARTMENT
Iraqi Nationals
Dr. Thomas : To ask the Secretary of State for the Home Department what changes have been made in regard to Her Majesty's Government's policy on applications by Iraqi nationals applying for (a) leave to remain in and (b) entry to the United Kingdom since 15 January.
Mr. Peter Lloyd : On 18 January my right hon. Friend introduced an immigration rules change (HC 160) under which applications for visas, leave to enter or extensions of stay by Iraqi nationals fall to be refused. These restrictions were introduced as an exceptional measure following the outbreak of hostilities in the Gulf. We are keeping them under review and will relax them as soon as my right hon. Friend is satisfied that it is safe and consistent with the national interest to do so. In the meantime, discretion to grant applications outside the rules is being exercised in compassionate circumstances where we are satisfied no threat to national security is involved.
National Security Detainees. Mr. Darling : To ask the Secretary of State for the Home Department how many national security detainees were released from (a) Her Majesty's prison Wormwood Scrubs, (b) Her Majesty's prison Full Sutton and (c) any other prison establishments on 8 March 1991.
Mrs. Rumbold : On 8 March 1991 nine Immigration Act detainees, held pending deportation on grounds of national security, were released from Her Majesty's prison Wormwood Scrubs and 24 from Her Majesty's prison Full Sutton. No other prison service establishments were holding these detainees.
Immigration
Mr. Darling : To ask the Secretary of State for the Home Department what action he has taken following the recommendation of the Home Affairs Committee in its fifth report of Session 1989-90 that applicants for naturalisation should be kept informed of the stage that their application has reached.
Mr. Peter Lloyd : The Government undertook in their reply to the report (Cmnd 1368) to issue regularly bulletins on the progress of nationality work. The first such bulletin will issue shortly.
Mr. Win Griffiths : To ask the Secretary of State for the Home Department what guidelines are issued to immigration officers at ports of entry to the United Kingdom for the questioning of visitors from (a) Poland, (b) USSR, (c) India, (d) Chile, (e) Tanzania and (f) Taiwan.
Mr. Peter Lloyd : Instructions are not issued on the basis of nationality.
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Mr. Darling : To ask the Secretary of State for the Home Department how many (a) naturalisation and (b) registration applications awaiting decision were made (i) before 1 January 1988, (ii) before 1 January 1989 and (iii) before 1 January 1990.
Mr. Peter Lloyd : On 20 March 1991 the number of outstanding applications by date of application was as follows :
Application date |Naturalisation |Registration ----------------------------------------------------------------------------------------------- Before 1 January 1988 |16,351 |11,155 Between 1 January 1988 and 31 December 1988 |12,912 |1,915 Between 1 January 1989 and 31 December 1989 |16,756 |2,441
Mr. Darling : To ask the Secretary of State for the Home Department what is the average time taken to deal with applications for variation of licence to stay in the United Kingdom.
Mr. Peter Lloyd : The estimated average length of time between the receipt of an application for variation of leave to remain in the United Kingdom and the decision, for cases decided in caseworking groups and in the public inquiry offices in the fourth quarter of 1990, was a little under two months.
Mr. Darling : To ask the Secretary of State for the Home Department what is the average time taken to issue explanatory statements by the immigration and nationality department.
Mr. Peter Lloyd : Records are not kept of individual processing times for all explanatory statements but it is estimated that at present the average time taken to prepare and despatch an explanatory statement to the immigration appellate authorities is about six months.
Mr. Darling : To ask the Secretary of State for the Home Department (1) what are the current and projected processing times for applications for (a) registration and (b) naturalisation ; (2) how long the immigration and nationality department takes to determine applications for naturalisation as at 1 March ; (3) if he has set targets for the time that his Department should take to deal with applications for naturalisation.
Mr. Peter Lloyd : The average time taken for certificates of registration issued in February 1991 was 24 months and for certificates of naturalisation 36 months. Our objective is to reduce both the level of outstanding cases and waiting time as quickly as possible. The level of arrears is reducing considerably, but I cannot predict when precise waiting times will be achieved.
Mr. Darling : To ask the Secretary of State for the Home Department how many applications on behalf of over-age dependants who have established relationship by means of DNA tests have been (a) considered, (b) granted, (c) refused and (d) are pending under his discretionary policy.
Mr. Peter Lloyd : A total of 466 applications involving over-age reapplicants have been reviewed under the terms of the concession announced by my right hon. Friend the Member for Witney (Mr. Hurd) on 14 June 1989 at
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column 461. A total of 108 of these applications have been granted and 358 refused. A total of 159 applications are currently awaiting review under the terms of the 1989 concession.Mr. Win Griffiths : To ask the Secretary of State for the Home Department (1) what changes have been made to the length of tiime for which an invitation/sponsorship form approval is valid ; when the period of validity dates from ; and whether there are variations, by country, in the length of time such approvals are valid ; (2) if he will list the countries from which visitors to the United Kingdom have to fill in an invitation/sponsorship form for approval before being allowed entry into the United Kingdom.
Mr. Peter Lloyd : It is open to an entry clearance officer to seek up-to-date confirmation from a United Kingdom sponsor if he wishes to satisfy himself that the immigration rules as to maintenance and accommodation will be met in respect of any national seeking entry to the United Kingdom.
Deportation
Mr. Darling : To ask the Secretary of State for the Home Department how many nationals issued with notices of intention to deport on national security grounds (a) in November/December 1990 and (b) in January 1991, (i) left the United Kingdom voluntarily, (ii) were handed over to the Ministry of Defence as prisoners of war and (iii) appeared before the national security panel.
Mr. Peter Lloyd : The answer is as follows :
(a) (i) three ; (ii) none ; and (iii) three.
(b) (i) 56 ; (ii) 35 ; and (iii) 48.
Mr. Darling : To ask the Secretary of State for the Home Department how many nationals of (a) Iraq and (b) other middle eastern countries have been issued with notices of intention to deport on national security grounds since November 1990 ; and how many in total were detained.
Mr. Peter Lloyd : Since November 1990, 144 Iraqis and 11 other nationals of middle eastern countries have been served with notices of intention to deport for reasons of national security, of whom 110 were detained.
Mr. Darling : To ask the Secretary of State for the Home Department how many nationals issued with notices of intention to deport on national security grounds (a) in November/December 1990 and (b) January 1991 and who appeared before the national security panel were, prior to 8 March 1991, (i) released with notices of intention to deport withdrawn, (ii) released on restrictions pending further investigation into the deportation decision, (iii) released pending the making of a deportation order, (iv) held in detention pending further investigation into the deportation decision and (v) held in detention pending the making of a deportation order.
Mr. Peter Lloyd : The answer is as follows :
(a) (i) one ; (ii) none ; (iii) two ; (iv) none ; (v) none. (b) (i) 14 ; (ii) seven ; (iii) one ; (iv) 25 ; (v) six. Mr. Gorst : To ask the Secretary of State for the Home Department if he will grant a visitor's permit to the spouse of a British citizen to enable that person to visit an hon. Member at his invitation, for discussions relating to the
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refusal of an entry certificate by an entry clearance officer in the Indian sub-continent so that that hon. Member, in whose constituency the spouse is resident, can determine how and whether to represent that person at an appeal against refusal of entry ; and if he will confirm that, as the appellant will already have launched his appeal, the provisions of section 13(3) of the Immigration Act 1971 will not apply.Mr. Peter Lloyd : I would refer my hon. Friend to the answer I gave him on 14 March 1991 at column 656. All visa nationals who wish to visit the United Kingdom, whatever the purpose of the journey, must apply for an entry clearance at a British diplomatic post overseas. The entry clearance officer would consider such an application under the relevant requirements of the immigration rules (paragraph 22 of HC 251).
By virtue of section 13(3) of the Immigration Act 1971, an applicant who holds a current entry clearance has a right of appeal in the United Kingdom against a decision to refuse him leave to enter the United Kingdom. However, a person has no right to enter or remain in the United Kingdom because there is an appeal outstanding against a previous refusal of an entry clearance.
Family Law
Miss Lestor : To ask the Secretary of State for the Home Department if he will list each Government grant to organisations active in relation to family and divorce law and its operation in the past year.
Mr. John Patten : A list of all voluntary organisations funded by Government Departments was placed in the Library when details of grants made in 1988-89 were announced on 11 May last year at columns 254-55. Similar details of grants made in 1989-90 are planned to be announced shortly in the same way.
ATTORNEY-GENERAL
Immigration
Mr. Darling : To ask the Attorney-General what is the average time between the lodging of an appeal and its determination by an immigration appeal tribunal.
The Attorney-General : It is estimated that in those cases where leave to appeal is granted the average time between the lodging of an appeal and its determination by the immigration appeal tribunal is four to six months, depending on the length of time it takes the parties to prepare for the hearing.
Mr. Darling : To ask the Attorney-General how many cases were pending hearing before the immigration appeal tribunals on (a) 1 March 1989, (b) 1 March 1990 and (c) 1 March 1991, respectively ; and if he will make a statement.
The Attorney-General : The information required is set out in the table :
Number of cases pending before
the immigration appeal
tribunal
|Number
-------------------------------
(a) 1 March 1989 |262
(b) 1 March 1990 |177
(c) 1 March 1991 |360
The immigration appeal tribunal received 35 per cent. more cases in 1990 than in 1989, which accounts for the rise in the number of cases pending as at 1 March 1991. Additional resources have been made available to the IAT to cope with the increased work load, and the Lord Chancellor's Department will keep the IAT's work load under close review to ensure that the number of outstanding cases is kept as low as possible.
Mr. Gorst : To ask the Attorney-General how soon Ramesh Kumar's appeal against refusal of entry clearance to the United Kingdom on 22 January will be heard ; and whether any regard will be taken of compassionate circumstances surrounding the case when the date for hearing is fixed.
The Attorney-General : Mr. Kumar's appeal papers were received at the immigration appellate authorities (IAA) in London on 13 March 1991. On 15 March 1991 the IAA despatched the case papers to Mr. Kumar in India requesting that he nominate a representative by 15 May 1991. Once Mr. Kumar nominates a representative in the United Kingdom, and the representative has prepared for the hearing, the IAA will aim to list the case within two to three months. The listing of immigration appeal hearings is a matter for the IAA which gives full consideration to all requests made to it from either party for the early hearing of an appeal.
Mr. Gorst : To ask the Attorney-General whether, under the provisions of section 22 of the Immigration Act 1971, an appellant against the refusal of entry into the United Kingdom as the spouse of a British citizen, has the right to be represented at an adjudication or before a tribunal by an hon. Member.
The Attorney-General : The Immigration Appeals (Procedure) Rules 1984 (SI 1984/2041) made under section 22 of the Immigration Act 1971 state that in proceedings before the immigration appellate authorities (IAA) the appellant, with the leave of the IAA, may be represented by any person appearing to the IAA to be acting on the appellant's behalf.
Birmingham Pub Bombings
Mr. Mullin : To ask the Attorney-General when his Department first became aware of the existence of documents relating to forensic tests carried out on 21 November 1974 on other ferry passengers besides the men convicted of the Birmingham pub bombings.
The Attorney-General : The DPP first became aware of such a document on or shortly after 8 October 1987 when he received a written statement by a scientist dated 5 October 1987.
Mr. Mullin : To ask the Attorney-General for what reason the statement taken by West Midlands police officers from the forensic scientist who conducted tests on passengers on the Liverpool to Belfast ferry was not made available to representatives of the six men convicted of the Birmingham pub bombings before their appeal in November 1987.
The Attorney-General : The Director of Public Prosecutions has asked for a report covering the handling of this statement. I will write to the hon. Member in the light of that report.
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Mr. Mullin : To ask the Attorney-General for what reason the results of forensic tests carried out on passengers on the Liverpool to Belfast ferry on 21 November 1974 were not made available to the defence at the trial of the six men convicted of the Birmingham pub bombings.
The Attorney-General : The Director of Public Prosecutions was not aware at the time of the trial that such tests had been carried out.
Mr. Mullin : To ask the Attorney-General when the statement taken from the forensic scientist who tested the hands of passengers on the Liverpool to Belfast ferry, which has recently come to light, was taken by West Midlands police force officers ; and what other statements were taken in 1987 by West Midlands police officers in relation to the Birmingham pub bombings case.
The Attorney-General : The first statement by the scientist was taken on 5 October 1987. A further statement was taken from him on 19 October 1987. As to other statements taken in 1987, I will write to the hon. Member giving him such particulars as I am able to provide having regard to the practice whereby the names of persons who have given written statements to the police in the course of their inquiries are held in confidence and are disclosed only to the parties to legal proceedings, unless the makers of the statements consent to wider disclosure.
Child Care Law
Mr. Forman : To ask the Attorney-General what further steps have been taken to name the judiciary who will deal with child care cases in the higher courts under the Children Act 1989.
The Attorney-General : The Children Act 1989 is due to be implemented on 14 October 1991. Central to the philosophy of the Act is the principle that children's cases in the higher courts should be heard by judiciary who, by reason of their experience and training, are specialists in family work.
Under the Courts and Legal Services Act the Lord Chancellor has the power to nominate such judiciary with the concurrence of the president of the family division. The nomination process will extend over a period of months and began on 22 November 1990 with the announcement of the names of 47 circuit judges who are to be known as "designated family judges". As a second step in the process the Lord Chancellor has today, with the approval of the right honourable Sir Stephen Brown, president of the family division, named two further groups of specialist judges.
The first group comprises 49 circuit judges who will be known as "nominated care judges" and the second group consists of 127 district judges who will be responsible for the allocation of care cases, in the higher courts. Both groups will sit at the network of county court "care centres", the locations of which were announced on 22 November 1990.
The "nominated care judges" will deal with substantive hearings and emergency protection orders arising in child care cases transferred up from the magistrates courts. They will also have jurisdiction in family proceedings.
As their title suggests, the district judges responsible for the allocation of care cases will deal primarily with the allocation and timetabling of child care cases transferred
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from the magistrates courts. They will also be able to deal with emergency protection orders and interlocutory matters within transferred cases.As announced on 4 May 1990, an extensive programme of judicial training is already under way. The nominated care judges and the district judges responsible for the allocation of care cases will receive training in the new procedures established by the Act. Special jurisdictional arrangements will operate in London where the district judges of the family division will have the same jurisdiction as the nominated care judges while also performing the role of district judges responsible for the allocation of care cases.
Lists showing the "care centre" locations together with the names of the nominated care judges and of the district judges responsible for the allocation of care cases have been placed in the Libraries of both Houses.
Children Act Central Advisory Committee
Mr. Forman : To ask the Attorney-General who is to chair the Children Act central advisory committee announced by the Lord Chancellor on 9 July 1990.
The Attorney-General : Mrs. Justice Booth will chair this committee, now to be known as the Children Act advisory committee. The appointment will be for a two-year term.
EDUCATION AND SCIENCE
Nuclear Structure Facility
Mr. Butler : To ask the Secretary of State for Education and Science when he last met the chairman of the Advisory Board for the Research Councils ; and whether he discussed the funding of the nuclear structure facility at Daresbury.
Mr. Alan Howarth : My right hon. and learned Friend last met the chairman of the ABRC on 15 January. At that meeting the board's advice on allocation of the science budget and other scientific matters were discussed. The future of the Science and Engineering Research Council's nuclear structure facility was not specifically mentioned.
Museums
Mr. Bernie Grant : To ask the Secretary of State for Education and Science what measures he has taken to assist museums to be able to respond to the demands to be made on them from classroom teachers who will be implementing the history national curriculum in terms of staff and other resources ; and if he will make a statement.
Mr. Eggar : Responsibility for funding staff at national museums rests with my right hon. Friend the Minister for the Arts. Aside from independent museums, funding for local museums is in the main provided by local authorities. The Government will be providing some £170 million in specific grants in the 1991-92 financial year to help schools with the implementation of the national curriculum. It is up to each LEA to decide how to deploy the funds allocated to it, according to local needs and priorities.
Mr. Bernie Grant : To ask the Secretary of State for Education and Science what evidence he has of the effect
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of his Department's circular regarding parents' financial support for school visits on the number of such visits to museums ; and what action he plans to take.Mr. Fallon : My right hon. and learned Friend has recently completed a review of the evidence of the effects of the charging provisions of the Education Reform Act 1988 and circular 2/89 on school activities and concluded that the evidence does not point to a need to change the law. Evidence was received from a range of sources and included a survey of a sample of schools and all local education authorities commissioned from the National Foundation for Educational Research. The evidence suggests that there has not been a significant change in the number of visits to museums since 1988.
Teachers
Ms. Armstrong : To ask the Secretary of State for Education and Science if he will list the numbers of teachers employed by each education authority.
Mr. Fallon : The information requested for January 1990 is contained in the DES statistical bulletin 5/91, a copy of which is available in the Library.
Non-teaching Staff
Ms. Armstrong : To ask the Secretary of State for Education and Science if he will list the number of (a) non-teaching staff and (b) administrative staff employed centrally by each local education authority.
Mr. Fallon : Information on the number of full-time and part-time non-teaching staff employed by each local education authority has been placed in the Library. No information is available on the number of centrally employed administrative staff.
University Staff
Mr. Andrew Smith : To ask the Secretary of State for Education and Science why he has decided to delay ratification of the agreement of committee A of the negotiating machinery for university academic and academic-related staff to increase London weighting with effect from 1 July 1990, through the committee B stage of the machinery.
Mr. Alan Howarth : No decision has been taken to delay : committee B is considering the proposal made to it by committee A on 13 February 1991 and will respond to it as soon as possible.
Mr. Andrew Smith : To ask the Secretary of State for Education and Science what funding arrangements were agreed between his Department, the Universities Funding Council and the CVCP, prior to the offer made by the Committee of Vice-Chancellors and Principals to the Association of University Teachers to increase the London allowance for university academic and academic-related staff, with effect from 1 July 1990.
Mr. Alan Howarth : None. Funding is a matter for the Universities Funding Council.
Administration
Ms. Armstrong : To ask the Secretary of State for Education and Science if he will list the amount of money held for the administration element of central services for each local education authority.
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Mr. Fallon : I refer the hon. Member to the replies of 21 February and 22 March to my hon Friend the Member for Harrow, West, (Mr. Hughes) at columns 235-38 and column 236.More detailed figures are set out in part 1 of the authorities' LMS budget statements for 1990-91, prepared and published under section 42 of the Education Reform Act, copies of which have been placed in the Library of the House.
Vacation Hardship Allowance
Mr. Worthington : To ask the Secretary of State for Education and Science (1) in 1989-90 how much was paid out in vacation hardship allowance in (a) England, (b) Wales and (c) Scotland ; (2) how many students received vacation hardship allowance in 1989-90 in (a) England, (b) Wales and (c) Scotland.
Mr. Alan Howarth : I refer the hon. Member to the reply that I gave in respect of England and Wales to the hon. Member for Oxford, East (Mr. Smith) on 13 March 1991, at column 516. Student support in Scotland is a matter for my right hon. Friend the Secretary of State for Scotland.
National Curriculum
Mr. Pawsey : To ask the Secretary of State for Education and Science when he intends to publish orders to introduce geography and history in the national curriculum.
Mr. Kenneth Clarke : I have published today documents setting out attainment targets and programmes of study for geography and history in the national curriculum and have laid orders which will bring these documents into effect from the beginning of the next school year for pupils starting key stages 1, 2 and 3 (those aged five, seven and 11 in September).
The publication of these curriculum documents will ensure that pupils follow sensible and comprehensive courses of study in history and geography. The introduction of national curriculum requirements for these subjects will lead to high academic standards and worthwhile levels of achievement by pupils.
The documents which I am publishing today do not include a reduced course in geography for pupils at key stage 4 who are not taking a course leading to GCSE. I intend to publish shortly for consultation a further draft order concerning the reduced course.
My right hon. Friend the Secretary of State for Wales is making separate orders to introduce geography and history arrangements in Welsh schools.
TRADE AND INDUSTRY
Pharmaceuticals
Dame Peggy Fenner : To ask the Secretary of State for Trade and Industry whether he has concluded his deliberations on the European Commission's proposed regulation on patent term restoration for pharmaceuticals ; and if he will make a statement.
Mr. Leigh : The Government are still considering the Commission's proposal and intend to announce a position shortly.
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Argentine Ballistic Missiles
Mr. Flynn : To ask the Secretary of State for Trade and Industry if during his recent visit he discussed with the Argentine Government the Argentine Condor II ballistic missile project and the export controls required for such technology being developed by private industry.
Mr. Sainsbury [holding answer 22 March 1991] : No.
OVERSEAS DEVELOPMENT
Arms Spending
Mr. Flynn : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make it his policy to collate information on the percentage of gross domestic product spent on arms by countries which are recipients of aid from the United Kingdom.
Mrs. Chalker : As I indicated in my reply to my hon. Friend the Member for Swindon (Mr. Coombs) on 13 March at column 517 we consider that there is room for improvement in such data, which are also included by the World bank in its "World Development Report" published annually. Such information is best collected on an international basis, and we are exploring how best this might be done.
Starvation
Mr. Ralph Howell : To ask the Secretary of State for Foreign and Commonwealth Affairs what is his estimate of the number of persons in the world who were starving, assessed on the basis of the OECD reports in 1961, 1971 and 1981.
Mrs. Chalker : According to the OECD no such assessments have been made. The most recent report available to us is the latest assessment by the World Food Programme that up to 29 million people may be at risk of starvation in 25 sub-Saharan African countries.
ENERGY
Electricity Generation
7. Mr. John P. Smith : To ask the Secretary of State for Energy what representations he has received concerning the impact of the transitional contract for supplies by British Coal to the electricity generators on the future of coal-fired power stations capacity in South Wales.
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