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Written Answers to Questions
Friday 20 December 1991
ATTORNEY-GENERAL
Asylum Seekers
Mr. Fraser : To ask the Attorney-General if he will list the organisations to which the consultative draft of the Asylum Appeals (Procedure) Rules was sent and the dates on which it was sent.
The Attorney-General : Copies of the consultation draft of the Asylum Appeals (Procedure) Rules were lodged on 1 November 1991 with the appropriate authorities in both Houses of Parliament and have since then been available to the public generally, upon request, from the Lord Chancellor's Department. I shall write to the hon. Member listing the organisations to which the consultation draft has been sent.
Murder (Provocation Defence)
Mrs. Gorman : To ask the Attorney-General what recent representations he has received about the use of provocation as a defence in murder cases involving women.
The Attorney-General : Any representations received by me about this subject would be referred to the Home Secretary since he has policy responsibility for the substantive criminal law.
A full list of representations received and treated in this manner could be produced only at disproportionate cost, by searching all correspondence.
Immigration Appeals
Mr. Madden : To ask the Attorney-General what is the average time between (a) a request for a hearing date and (b) a hearing date being set for immigration appeals in (i) Leeds and (ii) other immigration appeals centres in the United Kingdom.
The Attorney-General : The average time between a request for a hearing date and a hearing date being set at the individual centres of the immigration appellate authorities (IAA) is currently as follows :
Place |Time -----------------------------------------Leeds |7 months Thanet House, London |3-4 weeks Harmondsworth |1-2 weeks Manchester |1-2 weeks Birmingham |3 months Glasgow |3 months
Mr. Madden : To ask the Attorney-General what action is being taken to reduce delays in hearing immigration appeals in (a) Leeds and (b) other immigration centres in the United Kingdom.
The Attorney-General : The Lord Chancellor's Department plans to make an additional hearing room
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available early in 1992 at the Leeds centre of the immigration appellate authorities (IAA) for the hearing of immigration appeals. This will enable the adjudicators at Leeds to sit more frequently and so reduce the current waiting times for cases to come before them. The Lord Chancellor's Department will also be exploring the feasibility of immigration appeals being heard at other locations in Leeds to help reduce the current backlog of cases.The Lord Chancellor's Department has plans to increase the number of sittings by adjudicators in 1992 at all of the hearing centres of the IAA and the number of staff will be increased. These measures will help the IAA to tackle more effectively their rising workload. Furthermore, a multi- terminal case-tracking computer system will be operational by January 1992. This will enable the IAA to monitor more accurately and frequently the progress of appeals.
Mr. Madden : To ask the Attorney-General what is the average delay between the receipt of immigration appeal papers, received in London from British overseas posts, being forwarded to the representatives of the parties.
The Attorney-General : Upon receipt of immigration appeal papers from a British overseas post, the IAA is usually able to dispatch copies of the case papers to the parties' representatives in this country within two weeks.
Mr. Madden : To ask the Attorney-General how many (a) staff and (b) adjudicators are retained in Leeds and other immigration appeal centres in the United Kingdom ; and what proposals there are to increase staff and adjudicators, both part time and full time.
The Attorney-General : The staff and adjudicators currently in post at the individual hearing centres of the immigration appellate authorities are as follows :
Q Adjudicators Hearing centres |Staff |Full-time |Part-time ---------------------------------------------------------------------------------Leeds |8 |1 |13 Thanet House |64 |7 |19 Harmondsworth<1> |10 |3 |10 Manchester |5 |1 |11 Birmingham |8" |2 |10 Glasgow |1" |- |5 <1>Includes Belfast and Cardiff.
The Lord Chancellor's Department plans to recruit additional staff during 1992 and to deploy part-time adjudicators more frequently.
Treaty of Rome
Mr. Michael : To ask the Attorney-General if he will list all items of United Kingdom legislation which have been or are being subjected to legal challenge in the European Court (a) on the grounds of an alleged conflict with article 30 of the treaty of Rome, (b) on the grounds of an alleged conflict with another article of the treaty or (c) on some other grounds, together with the date on which each challenge was instituted and the date of the court decision.
The Attorney-General : The information is not readily available. I will reply to the hon. Member as soon as possible.
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Sunday Trading
Mr. David Nicholson : To ask the Attorney-General if he will list the occasions, since 1 November 1991, on which he has made official statements or appeals covering the attitude which retailers should adopt towards the laws on Sunday trading.
The Attorney-General : It is not my responsibility to advise retailers on the attitude that they should adopt towards the laws on Sunday trading, so I have not made any official statements or appeals about this.
EDUCATION AND SCIENCE
Special Needs
Mr. Hannam : To ask the Secretary of State for Education and Science if he will specify the performance indicators to be used to measure the quality of education for pupils with special educational needs in England and Wales ; and if he will make a statement.
Mr. Fallon : This is a matter for local education authorities, which have duties under the Education Act 1981 to ensure that provision is made to meet pupils' special educational needs.
GCSE
Mr. Hannam : To ask the Secretary of State for Education and Science if he will give the total number of pupils in the United Kingdom who sat GCSE examinations in the years for which figures are available.
Mr. Eggar : The number of pupils who had attempted GCSE in England by the age of 16 in at least one subject in the academic year 1988-89 and 1989-90 were as follows :
|Total |Those |16-year-olds|attempting |GCSE at |age of 16 |or earlier ----------------------------------------------------1988-89 |619,800 |581,300 1989-90 |582,100 |544,400
The figures for Scotland and Wales are the responsibility of my right hon. Friends the Secretaries of State for Scotland and for Wales.
Special Educational Needs
Mr. Hannam : To ask the Secretary of State for Education and Science (1) what action he proposes to take to ensure that publication of examination results will not deter schools from accepting pupils with special educational needs on to their rolls ; (2) how he proposes to publicise the achievements of pupils with special educational needs in non- examined courses and public examinations ; and if he will make a statement.
Mr. Eggar : It is my right hon. and learned Friend's intention that the statutory requirements governing the publication of schools' examination results should apply equally to all pupils, including those with special educational needs. This accords with the Government's
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policy that pupils with special educational needs should be integrated as far as possible into ordinary educational provision, subject to the conditions set out in section 2 of the Education Act 1981 in respect of those pupils with statements of special educational needs.The achievements of pupils with special educational needs will not always be poorer than their peers ; some of these pupils are academically very able. It is right that their results should be published in the same way as those of all other children. There is no reason to expect that the publication of examination results will deter schools from accepting pupils with special educational needs ; indeed, under the law only selective grammar schools are allowed to discriminate on grounds of ability between applicants for places.
Mr. Hannam : To ask the Secretary of State for Education and Science if he will give the total number of pupils with special educational needs in the United Kingdom who sat GCSE examinations in the years for which figures are available.
Mr. Eggar : The information requested is not available centrally for pupils with statements of educational need in England. The figures for Scotland and Wales are the responsibility of my right hon. Friends the Secretaries of State for Scotland and for Wales.
Inspectors' Reports
Ms. Armstrong : To ask the Secretary of State for Education and Science how many Her Majesty's Inspectorate reports on average, per annum, are intended solely for internal readership by his Department.
Mr. Eggar : This information is not available centrally.
LINC Project
Ms. Armstrong : To ask the Secretary of State for Education and Science whether he has now received the Her Majesty's Inspectorate report on the progress of the language in the national curriculum programme ; and if he proposes to publish it.
Mr. Eggar : The Her Majesty's Inspectorate report is an interim document intended for internal use. It has not yet been seen by my right hon. and learned Friend.
Primary Education
Mr. Hardy : To ask the Secretary of State for Education and Science what assessment he has made of the change in standards of reading and literacy in primary schools since 1979 ; and to what causes he attributes such change.
Mr. Eggar : There is at present insufficient evidence on which to base reliable conclusions about changes in the reading standards of younger primary pupils over the past decade. However, the introduction of the national curriculum and its associated testing arrangements at ages seven and 11 will provide reliable information for the future. My right hon. and learned Friend yesterday announced the results from the first round of these tests for seven-year-olds in 1991.
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School Assessments
Mr. Hardy : To ask the Secretary of State for Education and Science what qualifications he expects to be possessed by any team of inspectors engaged in the assessment of a school in his proposed arrangements.
Mr. Eggar : Under the arrangements proposed in the Education (Schools) Bill, it will be for Her Majesty's chief inspector of schools to determine whether applicants are fit to lead inspection teams as registered inspectors. It will be for registered inspectors to assemble teams with the appropriate qaulifications and experience, taking account of any conditions imposed or guidance offered by the chief inspector.
Nursery Education
Sir Ian Gilmour : To ask the Secretary of State for Education and Science, further to the reply to the right hon. Member for Chesham and Amersham of 29 November, Official Report, column 700, if he will publish figures showing the numbers of free or subsidised places for children under statutory school age in nursery schools or similar in each country of the European Community ; and if he will also show the numbers of places as precentages of the numbers of children in the relevant age group in each country.
Mr. Fallon : Information is not available centrally, in the form requested. The latest available participation rates in pre-compulsory schooling are given in the table.
Participation in pre-primary education by age group, 1988 Percentage of age group Country |Age at |Education |which |3 to 5 |3 to 5 |compulsory |schooling |starts --------------------------------------------------------------------Belgium |6 |96 |- France |6 |99 |- Germany (Fed. Rep.) |6 |64 |- Ireland |6 |51 |<2>14 Italy |6 |76 |- Luxembourg<3> |6 |65 |- Netherlands |5 |66 |<2>17 Spain |6 |71 |- United Kingdom |5 |64 |<4>27 Sources: Table AA: Education Statistics for the United Kingdom. <1>Possible overlap with the education data. It is not advisable, therefore, to combine the two rates. <2>1984. <3>1987. <4>1987. DES estimate avoiding double counting.
ENVIRONMENT
Business Rates
Mr. Michael Spicer : To ask the Secretary of State for the Environment what account will be taken in determining property values for the purposes of the uniform business rate and the council tax of the recent fall in the market price of property.
Mr. Portillo : New non-domestic rateable values will come into force on 1 April 1995. It is proposed that these rateable values be based on market rents as at 1 April 1993.
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The valuation of domestic properties for the council tax is now under way. Properties will be valued on the basis of open market capital values as at 1 April 1991.Rates (Newcastle)
Mr. Cousins : To ask the Secretary of State for the Environment what was, in 1991-92 prices, (a) the value of rate support grant paid to Newcastle city council in every year since 1979-80, and revenue support grant since 1990 and (b) the value of non-domestic rate revenue received by the city council in each year since 1979-80.
Mr. Key : The available information is as follows :
|Rate Support |Grant |rate revenue |£ million at |£ million at |1991-92 prices |1991-92 prices --------------------------------------------------------------------1979-80 |122.1 |n/a 1980-81 |<1>122.6 |n/a 1981-82 |<2>88.5 |n/a 1982-83 |64.6 |n/a 1983-84 |67.5 |n/a 1984-85 |62.6 |n/a 1985-86 |<3>58.0 |n/a 1986-87 |27.0 |107.7 1987-88 |54.7 |93.0 1988-89 |68.4 |82.3 1989-90 |64.7 |84.7 ------- |Revenue |<5>Receipts from |Support Grant |NDR pool |------- |------- 1990-91 |<4>85.5 |62.7 1991-92 |75.2 |71.9 Note: The information given is not available on a comparable basis for all years. <1> In 1979-80 and 1980-81, no Rate Support Grant (RSG) payments were made to Metropolitan County Council and Newcastle's RSG was correspondingly higher in those years. <2> In 1981-82 to 1985-86 inclusive, RSG payments were made to Metropolitan Counties (and other upper tier authorities) and Newcastle's RSG was correspondingly lower. <3> In April 1986, the Metropolitan County Councils were abolished and arrangements for paying grant changed accordingly. <4> In April 1990, the new local authority finance system was introduced and Revenue Support Grant replaced Rate Support Grant as the main Central Government grant to local authorities. The 1990-91 figure is for Revenue Support Grant after the Safety Net Payment. <5> Under the local government finance system introduced in 1990, the level of Revenue Support Grant is affected, inter alia, by the amount of non-domestic rates distributed from the national pool. The decrease in non-domestic rate receipts between 1989-90 and 1990-91 was largely compensated for by the increase in Rate/Revenue Support Grant.
Emissions
Dr. Thomas : To ask the Secretary of State for the Environment what were the emissions in the years 1970 to 1979, 1980 to 1989 and 1990 ; and what are the projected figures for 1991 to 2005 for (a) the United Kingdom, (b) Wales, (c) Scotland and (d) Northern Ireland for (i) industrial carbon dioxide, (ii) land use change carbon dioxide, (iii) non-agricultural methane and (iv) agricultural methane.
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Mr. Baldry : Emission estimates for carbon dioxide and methane, covering the preceding 10 years, are published annually in the "Digest of Environmental Protection and Water Statistics", copies of which are placed in the Library of the House. Estimates for earlier years are available from Warren Spring laboratory which maintain the national emissions inventory on behalf of the Department. Data for Wales, Scotland and Northern Ireland separately and for carbon dioxide emissions due to land-use change are not available. Total emission estimates for the years 1970 to 1979 and 1980 to 1989 and for 1990 are as follows :
|1970-79|1980-89|1990 -------------------------------------------------------------------Industrial CO2<1> |1,179 |967 |<2>96 (electricity supply, refineries and other industry) Non agricultural methane<3> |28.3 |33.5 |<4>- Agricultural methane<3> |11.9 |11.7 |<4>- <1> Expressed as millions of tonnes of carbon emitted. <2> Provisional. <3> Expressed as millions of tonnes of methane emitted. <4> Not yet available.
Projections for carbon dioxide and methane emissions were set out in energy paper No. 58 "UK Country Study for the Intergovernmental Panel on Climate Change Response Strategies Working Group Energy and Industry Sub-Group", October 1989, copies of which are in the Library of the House. I refer the hon. Member to the answer given by my right hon. Friend the Secrtary of State for Energy to my hon. Friend the Member for Chelmsford (Mr. Burns) on 6 December 1991, Official Report, column 258, for the latest projections for CO emissions. The Government have set a target, if other countries take similar action, of returning emissions of CO to 1990 levels by 2005 and is taking steps to reduce emissions of methane.
Mr. Alton : To ask the Secretary of State for the Environment how many discharges of chemicals into the Merseyside environment have been notified to his Department in the past 12 months ; if he will list these and the toxic chemicals involved ; if he will specify whether the discharges were into the air, water, or land ; whether he will extend the provisions of the Environmental Protection Act 1990 to ensure that annual levels of emissions are monitored and declared ; and whether he will require disclosure of information about emissions to his Department.
Mr. Baldry : Dangerous occurances involving uncontrolled or accidental releases of chemicals must be notified to the Health and Safety Executive. Individual authorised releases of chemicals are not notified to my Department. However, the Environmental Protection Act 1990 and the Water Resources Act 1991 provide for monitoring information about releases to the environment which are reported to or obtained by the relevant enforcing authority or the National Rivers Authority to be placed in public registers.
Dr. Thomas : To ask the Secretary of State for the Environment what plans his Department has to include information on historical emissions of the following greenhouse gases (a) industrial carbon dioxide, (b) land-use change carbon dioxide, (c) non-agricultural
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methane and (d) agricultural methane in his negotiations on the United Nations Conference on Environment and Development ; and if he will make a statement.Mr. Baldry : Questions relating to past, present and future emissions of all greenhouse gases are included among the issues covered by the preparatory committee for the United Nations Conference on Environment and Development.
Dr. Thomas : To ask the Secretary of State for the Environment what methodology he uses when assessing net greenhouse gas emissions in the United Kingdom in relation to gross emissions.
Mr. Baldry : Net greenhouse gas emissions are not currently estimated for the United Kingdom on a routine basis. To do so will require the development of methods for quantitatively assessing activities, such as afforestation, which remove greenhouse gases from the atmosphere. Work to develop such methods is proceeding within the Department's own research programme and internationally through the work of the Intergovernmental Panel on Climate Change.
Poll Tax
Mr. Doran : To ask the Secretary of State for the Environment what are his Department's estimates on how much local authorities have spent on publicity and advertising in connection with the poll tax.
Mr. Key : My Department has made no such estimates.
Global Warming
Dr. Thomas : To ask the Secretary of State for the Environment what amount has been spent to date on the global warming campaign in the press.
Mr. Baldry : The campaign, "Helping the Earth Begins at Home", which is being conducted jointly by my Department and the Department of Energy, placed advertisements in national newspapers between 5 November and 1 December 1991. The net cost of the advertisements was £393,045. This figure includes media buying and agency fees.
Incinerators
Mr. William Ross : To ask the Secretary of State for the Environment how many incinerators there are in the United Kingdom which are capable of dealing with (a) hazardous and (b) toxic wastes ; what is the total annual capacity of these plants ; and what is the annual production of these wastes in the United Kingdom.
Mr. Baldry : Waste containing substances hazardous to life are classed as special wastes in the United Kingdom and local authority records showed 2.315 million tonnes arising for disposal in 1989-90. However, high temperature incineration of special wastes can take place within a wide range of factory premises, where so authorised, and special wastes dealt with in-house are not recorded. United Kingdom merchant incinerators available for disposal contract have a total annual capacity of about 200,000 tonnes and are :--
ReChem at Fawley, Hampshire and Pontypool, Gwent
Cleanaway at Ellesmere Port, Cheshire
Leigh Industrial Services at Killamarsh, Sheffield
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Mr. William Ross : To ask the Secretary of State for the Environment what information he has as to the number and capacity of incinerators capable of dealing with hazardous and toxic wastes which are (a) under construction and (b) to be constructed over the next five years ; what he expects the total annual capacity of those plants and the existing plants to be at the end of that time ; and what are his projections as to the annual production of these wastes in the United Kingdom in (i) five years and (ii) 2000.
Mr. Baldry : Industry could have a variety of incinerator proposals at various stages of consideration. There is no central record of these and it would not be possible to say what the annual capacity of proposed plant might be until such proposals become definitely operative. Planning proposals for merchant incinerators in England and Wales of which the Secretary of State is aware are those currently before him for decisions :- - Ocean Environment, Seal Sands, Cleveland Northumbrian Water/ITE, Portrack, Cleveland Northumbrian Water/ITE, East Howdon, Tyne and Wear.
It is not possible to provide forward projections of any waste arisings which might be dealt with at existing or new plant.
Skin Cancer
Mr. Cryer : To ask the Secretary of State for the Environment if he will obtain from the United Nations Environment Programme for his departmental library a copy of the panel study, chaired by Dr. Jan van der Leun of Utrecht university, on the risks of skin cancer increases resulting from ozone depletion.
Mr. Baldry : The departmental library holds a copy of the 1989 report of the United Nations Environment Programme's environmental effects panel, chaired by Dr. J. van der Leun. The most recent environmental effects assessment is in preparation and is expected to be published in the next few months. Copies will be obtained for my Department.
Radiological Emergencies
Mr. Frank Field : To ask the Secretary of State for the Environment if he will make it his policy to communicate to the public and all relevant emergency service personnel information, the nature of any radiological emergency, its possible effects and emergency counter-measures.
Mr. Baldry : My Department has lead responsibility for the response to radiological emergencies resulting from overseas nuclear accidents. The arrangements for communicating details of the accident, its possible effects and counter-measures are set out in the HMSO booklet, "The National Response Plan and Radioactive Incident Monitoring Network (RIMNET). Phase 1", copies of which have been placed in the Library of the House.
Energy Tax
Mr. Morgan : To ask the Secretary of State for the Environment what consultations he has had with his opposite numbers in the other European Community member states regarding the Commission's proposals for a carbon tax or energy tax ; and if he will make a statement.
Mr. Baldry : I refer the hon. Member to the answer given by my right hon. Friend the Secretary of State for the
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Environment to my hon. Friend the Member for Harrow, West (Mr. Hughes) on 17 December 1991, Official Report, column 105.Building Maintenance (Date of Return)
Mr. Jopling : To ask the Secretary of State for the Environment, what further action he proposes to take against the failure of Copeland borough council to make the statutory rate of return on building maintenance work undertaken in 1989-90.
Mr. Key : My right hon. Friend has given careful consideration to the response of Copeland borough council to the notice served on it on 9 July 1991, and has today given a direction under section 19B of the Local Government, Planning and Land Act 1980 in respect of building maintenance work. The effect of the direction is to preclude the council from undertaking works of maintenance other than emergency work and works to the properties in the council's ownership.
Mr. Burt : To ask the Secretary of State for the Environment what further action he has decided to take against the failure of Rochdale metropolitan borough council to make the statutory rate of return on its building maintenance work in 1989-90.
Mr. Key : My right hon. Friend has given careful consideration to the response of Rochdale metropolitan borough council to the notice served on the authority on 7 February 1991, and has today given a direction under section 19B of the Local Government, Planning and Land Act 1980 in respect of building maintenance work. The effect of this direction is to preclude the council from undertaking works of building maintenance other than emergency work and works to properties in the council's ownership. It also permits the authority to undertake a range of small building maintenance works with an individual value of less than £25,000.
Ordnance Survey (Corporate Plan)
Mr. Janman : To ask the Secretary of State for the Environment when he expects to publish the Ordnance Survey corporate plan for 1992 to 1995.
Mr. Baldry : The Ordnance Survey corporate plan has been published today and I shall arrange for copies to be placed in the Library of the House.
EC Environmental Legislation
Mr. Simon Hughes : To ask the Secretary of State for the Environment if he will list details of each of the cases in which the EC is taking action against the United Kingdom Government over alleged non- implementation of EC environmental legislation.
Mr. Baldry [holding answer 12 December 1991] : The European Commission has made applications to the European Court of Justice against the United Kingdom for alleged non-compliance with EC environmental legislation in the following cases :
Case 337/89 concerning various aspects of the implementation of directive 80/778/EEC on the quality of water for human consumption. Case 56/90 concerning implementation of directive 76/169/EEC on the quality of bathing water at Blackpool, Southport and Formby.
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The court has not yet issued a judgment in either case. In addition, the Commission has delivered reasoned options under article 169 of the treaty of Rome to the United Kingdom in the following cases :Case 211/89 concerning implementation of directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates.
Case 212/86 concerning implementation of directive 82/884/EEC on a limit value for lead in air.
Case 187/87 concerning compliance with directive 79/409/EEC on the conservation of wild birds in connection with the construction of a ski tow in part of a Site of Special Scientific Interest at Glas Maol, Glenshee, Scotland.
Case 354/88 concerning compliance with directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances in connection with discharges from a waste depot in Pakefield, Suffolk.
Case 26/88 concerning compliance with directive 79/409/EEC on the conservation of wild birds and Commission directive 85/411/EEC replacing Annex I of directive 79/409/EEC in connection with the designation of habitats and other protection measures.
Case 387/87 concerning the application of directive 80/779/EEC on air quality limit values and guide values for sulphur dioxide and suspended particulates in Sunderland.
Case 147/90 concerning compliance with directive 85/337/EEC on assessment of the effects of certain public and private projects on the environment in connection with the disposal of waste material at Outlands Head Quarry, Derbyshire.
Chlorofluorocarbons
Mr. Simon Hughes : To ask the Secretary of State for the Environment if he will list the chlorine loading potential of all CFCs and HCFCs for the time intervals of 10, 20 and 50 years.
Mr. Baldry ( pursuant to his answer, 10 December 1991, c. 363] : Chlorine loading potentials, calculated on a steady state emission basis, have been published in report No. 20 of the World Meteorological Organisation Global Ozone Research and Monitoring Project, "Scientific Assessment of Stratospheric Ozone : 1989," as follows :
Species |Chlorine |loading |potentials ----------------------------------CFC-11 |1.0 CFC-12 |1.5 CFC-113 |1.11 CFC-114 |1.8 CFC-115 |2.0 HFC-22 |0.14 HCFC-123 |0.016 HCFC-124 |0.04 HFC-125 |0.0 HFC-134a |0.0 HCFC-141b |0.10 HCFC-142b |0.14 HFC-143a |0.0 HFC-152a |0.0 CC1<4> |1.0 CH<3>CC1<3> |0.11
The Montreal protocol scientific assessment, due to be published early next year may provide some time-dependent values for either chlorine loading potential or the related ozone depletion potential.
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