Ministerial Accountability and Parliamentary Questions
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House of Commons Public Administration Select Committee Ministerial Accountability and Parliamentary Questions Fifth Report of Session 2004–05 Volume II Appendices Ordered by The House of Commons to be printed 17 March 2005 HC 449–II Published on 22 March 2005 by authority of the House of Commons London: The Stationery Office Limited £20.50 The Public Administration Select Committee The Public Administration Select Committee is appointed by the House of Commons to examine the reports of the Parliamentary Commissioner for Administration, of the Health Service Commissioners for England, Scotland and Wales and of the Parliamentary Ombudsman for Northern Ireland, which are laid before this House, and matters in connection therewith and to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service; and the committee shall consist of eleven members. Current membership Tony Wright MP (Labour, Cannock Chase) (Chairman) Annette Brooke MP (Liberal Democrat, Mid Dorset and Poole North) Mrs Anne Campbell MP (Labour, Cambridge) Sir Sydney Chapman MP (Conservative, Chipping Barnet) Mr David Heyes MP (Labour, Ashton under Lyne) Mr Kelvin Hopkins MP (Labour, Luton North) Mr Ian Liddell-Grainger MP (Conservative, Bridgwater) Mr Gordon Prentice MP (Labour, Pendle) Hon Michael Trend, CBE MP (Conservative, Windsor) Brian White MP (Labour, Milton Keynes North East) Iain Wright MP (Labour, Hartlepool) Powers The committee is one of the select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 146. These are available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/parliamentary_committees/public_administration_select_com mittee.cfm. Committee staff The current staff of the Committee are Philip Aylett (Clerk), Clive Porro (Second Clerk), Lucinda Maer (Committee Specialist), Jackie Recardo (Committee Assistant), Jenny Pickard (Committee Secretary) and Phil Jones, (Senior Office Clerk). Contacts All correspondence should be addressed to the Clerk of the Public Administration Select Committee, Committee Office, First Floor, 7 Millbank, House of Commons, London SW1P 3JA. The telephone number for general enquiries is 020 7219 3284; the Committee’s email address is [email protected] Ministerial Accountability and Parliamentary Questions: Evidence Ev 1 Contents Page Appendix 1: Withheld answers to written parliamentary questions in session 2002–03 3 Appendix 2: Memoranda from Government Departments session 2002–03 94 Appendix 3: Withheld answers to written parliamentary questions in session 2003–04 135 Appendix 4: Memoranda from Government Departments session 2003–04 178 Appendix 5: Letters from Members of Parliament 212 Letter from David Laws MP 212 Reply from Melanie Johnson MP, Parliamentary Under Secretary of State for Public Health, Department of Health 212 Letter from Glenda Jackson MP and Llew Smith MP to the Speaker of the House of Commons 215 Reply from the Speaker of the House 216 Letter from Glenda Jackson MP and Llew Smith MP 217 Reply from the Prime Minister 217 Reply from the Foreign Secretary 217 Letter from David Laws MP 218 Reply from Stephen Timms MP, HM Treasury 218 Letter from the Rt Hon Frank Field MP [PQ 195695 Col 250W] 219 Reply from the Prime Minister 219 Reply from the Rt Hon Frank Field MP 219 Reply from the Prime Minister 220 Letter from Adam Price AS/MP 220 Reply from the Prime Minister 221 Letter from Mark Oaten MP to Paul Goggins MP, Parliamentary Under-Secretary of State Home Office 221 Letter from Dr Julian Lewis MP 221 Reply from David Miliband MP, Minister for the Cabinet Office 222 Letter from Anne Campbell MP 223 Ministerial Accountability and Parliamentary Questions: Evidence Ev 3 Appendix 1: Withheld answers to written parliamentary questions in session 2002–03 Letter submitted by the Principal Clerk, Table Office, House of Commons Following the practice established in the last Parliament, I enclose a copy of the Table Office’s digest of the pattern of answers: the list of questions which had been “blocked” by virtue of a minister’s refusal to answer them in the Session 2002–03, which lasted from November 2002 to November 2003. The Table Office’s memorandum to the Public Service Committee in 1996 set out the procedure relating to the compilation, Office style and use of the pattern of answers list, which is of course neither a complete digest of blocking answers nor an absolute statement of what may not be asked. It is primarily an internal document designed as a practical guide to some of the limits set by ministers in replying to questions. 8 January 2004 Pattern of answers list for session 2002–03 ADVOCATE GENERAL FOR SCOTLAND No. Date Subject Comment qno. Col. 1 14.10. Engagements Not practice to list individual engagements 131559 175W 03 CABINET OFFICE No. Date Subject Comment qno. Col. 1 20.11. Cabinet Committees Established practice under Exemption 2 of 81554 204W 02 Code of Practice not to disclose information relating to the proceedings of the Cabinet and its committees [Q related to civil defence] Ev 4 Ministerial Accountability and Parliamentary Questions: Evidence No. Date Subject Comment qno. Col. 2 16.12. Panel for Panel has been a Cabinet Committee since 87609 608–9W 02 Regulatory July 2001; established practice under Accountability Exemption 2 of Code of Practice not to disclose information relating to proceedings 3 09.01. People’s Panel Membership not disclosed: standard 88822 298W 03 practice for personal details of members of public involved in such research to remain anonymous 4 21.01. Internal advice Information relating to internal advice and 90405 294–5W 03 discussions not disclosed under Exemptions 2 and 7b of Code of Practice [Q related to emergency planning and Scottish Executive] 5 31.01. Special Advisers Breakdown of cost by Department of 92428 1056W 03 Special Advisers not given, to protect privacy of individuals concerned [total cost given] 6 20.03. Cabinet Office staff (a) Reasons for special adviser’s resignation 103623 870W 03 are a private matter: exempt from disclosure under Exemption 12 of Code of Practice 24.06. (b) Disclosure of data on retirements due 111967 662W 03 to mental ill-health could reveal identity of individuals concerned: withheld under Exemption 12 of Code of Practice 7 05.02. Government Car (a) Number of Ministers entitled, because 94994 268W 03 Service of security reasons, to use ministerial cars for all purposes, including party purposes, withheld under Exemption 1(a) of Code of Practice 27.10. (b) Not appropriate for security reasons to 134366 55W 03 provide details of cars used by individual holders 8 05.03. Civil Service Breakdown of staff in SCS of known Asian 100593 1028– 03 ethnic origin by department not given 9W (overall total given) because information is supplied in confidence, numbers are small and rules on disclosure apply Ministerial Accountability and Parliamentary Questions: Evidence Ev 5 No. Date Subject Comment qno. Col. 9 20.03. Precedents Book Book relates to internal discussion and 103990 870W 03 advice: not disclosed under Exemption 2 of Code of Practice 10 21.03. Meetings Not Government practice to release details 103622 959W 03 of specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited 11 01.09. Discussions Not normal practice to disclose details of 124782 692W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution] CHURCH COMMISSIONERS No. Date Subject Comment qno. Col. 1 10.03. Estate income Precise figures for income from estates not 101635 14W 03 published: commercially sensitive DEPARTMENT FOR CONSTITUTIONAL AFFAIRS and formerly LORD CHANCELLOR No. Date Subject Comment qno. Col. 1 18.12. Legal aid Inappropriate to comment on individual 87059 861W 02 legal aid applications 26.03. [Re-iterated, in relation to comment on 96805 272W 03 decisions made about grant or refusal of legal aid in individual cases] Ev 6 Ministerial Accountability and Parliamentary Questions: Evidence No. Date Subject Comment qno. Col. 2 26.03. Assets Recovery “Not appropriate” to indicate whether the 96804 272W 03 Agency Agency is carrying out an investigation in respect of any particular individual 3 28.04. Departmental Copies of internal telephone directory not 101789 78W 03 phone book placed in Libraries of both Houses [key contact details available] 4 01.09. Discussions Not normal practice to disclose details of 124784 32W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution] 5 06.10. Judges’ lodgings Individual capital values of lodgings 123202 1042W 03 considered to be commercially confidential: disclosure could affect Department’s negotiating position in any plans to rationalise the estate: Exemption 7 of Code of Practice cited CULTURE, MEDIA AND SPORT No. Date Subject Comment qno. Col. 1 21.11. BBC Approvals for BBC Worldwide commercial 81827 + 232W + 02 activities contain commercially sensitive 80436 233W information 2 27.01. Public (a) Names of applicants for chairmanship 93131 531W 03 appointments of English Tourism not released in interests of confidentiality 27.01. (b) Names of interview panel members for 93132 531W 03 chairmanship of English Tourism not released to avoid risk of unwarranted pressure Ministerial Accountability and Parliamentary Questions: Evidence Ev 7 No. Date Subject Comment qno.