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Lord Dholakia asked Her Majesty's Government:
- Whether they will review their position in the light of the recent European Court of Justice ruling in the Helsinki Concordia Bus case (C513-99) which reinforces the principles of the Commission v. France ruling (C225-98) relating to the scope for inclusion of social consideration in the award stage of a contract.[HL712]
Lord Sainsbury of Turville: No review is considered necessary. Whilst the Court (in case C-513/99) stated that it is permitted in principle to use criteria "relating to the preservation of the environment" when awarding a contract, the judgment makes it clear that such criteria must be linked to the subject of the contract, not confer an unrestricted freedom of choice on the authority, be expressly mentioned in the contract documents or the tender notice, and comply with all the fundamental principles of Community law, in particular of non-discriminiation. This is in line with the UK's understanding of the position under the current EC procurement directives. The judgment does not, therefore, require a change to the normal value-for-money criteria permitted at contract award stage. The Commission v. France ruling (C-225/98) does not have any direct bearing on the use of environmenal award criteria. There, the Court held that it might be possible in limited circumstances for a condition relating to unemployment to be used as a contract ward criterion if it complied with the
fundamental principles of Community law and the rules on advertising.Queen's Golden Jubilee Medal
Lord Marlesford asked Her Majesty's Government:
- Whether they will list all the categories of persons to whom the Queen's Golden Jubilee Medal is being distributed, other than the categories included in the Written Answer by Baroness Blackstone on 4 November (WA 55), indicating the number of medals being issued to each of these other categories.[HL694]
The Minister of State, Department for Culture, Media and Sport (Baroness Blackstone): In addition to the medals awarded to the Armed Forces, emergency services and Victoria Cross and George Cross holders, the Queen has personally awarded 1,883 Golden Jubilee Medals—paid for by the Privy Purse—to members of the Royal Household and their staff, and those who represent her.
National Lottery: New Opportunities Fund and Community Fund
Baroness Anelay of St Johns asked Her Majesty's Government:
- What discussions have been held by Ministers or officials to consider a merger of the New Opportunities Fund with the Community Fund; and [HL877]
On what basis they would consider merging the New Opportunites Fund with the Community Fund; and what legislation would be required to enable such a merger to take place.[HL878]
Baroness Blackstone: Discussions have taken place with the two distributors in the context of proposals in our recent consultation paper on making the delivery of lottery funding more efficient and effective. No decisions have been taken and legislative implications need to be further explored. Whatever the outcome the share of lottery funds going to charities will remain until at least 2009 and the independence of lottery distributors in making decisions on individual applications will be preserved.
Export of Works of Art
Lord Freyberg asked Her Majesty's Government:
- Whether they will update the United Kingdom's Open General Export Licence limits as recommended in Part 1:42 of the 48th report of the Reviewing Committee on the Export of Works of Art.[HL913]
Baroness Blackstone: Following the consultation paper, to which the reviewing committee referred in its 48th report, the United Kingdom's Open General Export Licence limits were updated on 1 November 2002.
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