Mike Penning: To ask the Secretary of State for Trade and Industry what the nature was of the claim made against the British Geological Survey in Bangladesh; and if he will make a statement. [52575] Barry Gardiner: On 20 February 2004, the Court of Appeal struck out a claim by a Bangladeshi resident in a test case against the British Geological Survey (BGS), part of the Natural Environment Research Council. It was alleged that the BGS was negligent in not testing for the presence of arsenic during a pilot research study into groundwater movement in central and north eastern Bangladesh in 1992. The Court of Appeal decided that the relationship between the BGS and the claimants, who were not known to the BGS, was too remote for a duty of care towards the claimants to arise. More detailed information is available on the BGS website www.bgs.ac.uk/arsenic The lawyers for the claimant have appealed to the House of Lords to overturn this decision of the Court of Appeal and a hearing is set for 22–23 May 2006. | 
