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9 Mar 2009 : Column WA191
Written Answers
Monday 9 March 2009
Anglo Leasing
Question
To ask Her Majesty's Government further to the Written Answer by the Solicitor General, Vera Baird, on 11 February (Official Report, House of Commons, col. 1990W), why the investigation into Anglo Leasing was terminated in January 2009. [HL1591]
The Attorney-General (Baroness Scotland of Asthal): The director of the Serious Fraud Office exercised his discretion to terminate the investigation because there was no reasonable prospect of a conviction without evidence being obtained from Kenya.
If evidence is received from Kenya in the future, the director will consider reopening the investigation.
Armed Forces
Question
Asked by Lord Selkirk of Douglas
To ask Her Majesty's Government whether they aim to have military capability at least equal to that of France. [HL1936]
The Parliamentary Under-Secretary of State, Ministry of Defence (Baroness Taylor of Bolton): We aim to have military capability appropriate to the security challenges the UK faces.
Armed Forces: Personnel
Question
To ask Her Majesty's Government what were the figures on 1 January for (a) the established strength, (b) the nominal strength, (c) the number of personnel fully fit and available for duty, and (d) the number of personnel deployed on operations for (1) the Royal Navy; (2) the Royal Marines; (3) the army; and (4) the Royal Air Force. [HL1853]
The Parliamentary Under-Secretary of State, Ministry of Defence (Baroness Taylor of Bolton): Figures for established and nominal strength of the Armed Forces are available from the Defence Analytical Services and Advice (DASA) organisation at www.dasa.mod.uk.
The following figures are at 1 January 2009.
Some 152,000 (approximately 85 per cent) personnel are fully fit, while some 25,000 (approximately 14 per cent) are classed as medically restricted in that they can still contribute but not fully.
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The total number of Armed Forces personnel deployed on UK military operations, based on endorsed figures, was in the region of 17,000. Of these, approximately 30 per cent were Royal Navy personnel (including Royal Marines), approximately 50 per cent were Army personnel and approximately 20 per cent were Royal Air Force personnel.
Audit Commission: Complaints
Question
To ask Her Majesty's Government how many complaints the Audit Commission dealt with in each of the past five years regarding (a) parish councils, (b) district councils, (c) borough councils, (d) metropolitan borough councils, and (e) county councils; and of those complaints how many were (1) upheld, and (2) dismissed; and how much the Audit Commission charged each tier of local government to cover the costs of the complaints. [HL1568]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): This is an operational matter for the Audit Commission and I have asked the chief executive of the Audit Commission to write to the noble Lady direct.
Bailiffs
Questions
To ask Her Majesty's Government whether the HM Court Service contract requires contractors to refer back to magistrates' courts before using the power of forced entry; if so, in what words; and whether there are plans to change practice in future contracts. [HL1553]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): The contract between Her Majesty's Courts Service and the private bailiff companies that undertake work on behalf of magistrates’ courts does not contain a specific requirement for private bailiffs to refer back to magistrates’ courts before using the power of forced entry. The Domestic Violence, Crime and Victims Act 2004 gives approved enforcement agents who execute warrants on behalf of Her Majesty's Courts Service the power to enter premises by force if necessary.
As part of the tender process for awarding these contracts, the internal controls operated by the contractors were reviewed to ensure the arrangements to use forced entry are controlled and only used where appropriate. Her Majesty's Courts Service monitors the ongoing use of these powers through a standard monthly management and reporting process. There have been only two occasions since the contracts commenced on 1 April 2006 where these powers have been used.
It is not intended to change this practice in future contracts. However this arrangement will be kept under review.
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To ask Her Majesty's Government whether HM Court Service expects bailiffs to explain their enforcement powers to defaulters as a matter of best practice; if so, whether they expect this explanation to include bailiffs' power to force entry; and in what words in what document this expectation is conveyed to bailiffs. [HL1554]
Lord Bach: It is expected that all Her Majesty's Courts Service civil enforcement officers and the approved enforcement agents who execute warrants on behalf of magistrates’ courts explain their powers to defaulters as a matter of best practice.
This requirement is made specific in respect of the use of forced entry through guidance issued to all civilian enforcement officers and approved enforcement agents on the use of the search and entry powers under the Domestic Violence, Crime and Victims Act 2004. The wording used in the guidance states that before applying the powers of forced entry a civilian enforcement officer or approved enforcement agent should always explain (to the defaulter) that they have the power to force entry and will use that power if the occupier is not willing to let them in peacefully.
The contracts held between Her Majesty's Courts Service and the approved enforcement agents sets out the protocols and procedures that approved enforcement agents must adhere to when executing warrants on behalf of Her Majesty's Courts Service. Specifically Schedule 4, the contract service specification, details the procedures to be taken when contact is made with the defaulter. The wording used in the specification states that when contact is made the authorised employee shall provide in writing the powers vested in the contractor. This notification will include the powers of forced entry provided under the Domestic Violence, Crime and Victims Act.
To ask Her Majesty's Government whether HM Court Service expects bailiffs to use their power to force entry to vacant premises, or whether they are expected only to use it to force entry when someone is inside and refusing entry. [HL1555]
Lord Bach: The Domestic Violence, Crime and Victims Act 2004 at Schedule 4A sets out the powers of authorised officers executing warrants. Section 1 defines “authorised officer” as civilian enforcement officers or approved enforcement agents.
Section 2(1) and (2) states that an authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in proceedings for or in connection with any criminal offence. The power may be exercised (a) only to the extent that it is reasonably required for that purpose; and (b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
Section 3 states that an authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under Section 76 of the
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Detailed guidance is available in HM Courts Service's Search and Entry Powers (Domestic Violence, Crime and Victims Act 2004) Guidance to Civilian Enforcement Officers and Approved Enforcement Agents. A copy is in the Library of the House.
If a defaulter can prevent the execution of a warrant merely by refusing to open his or her front door, the practical value and credibility of enforcement proceedings is substantially impaired. The Domestic Violence, Crime and Victims Act 2004 at Schedule 4A now gives civilian enforcement officers (CEOs) and approved enforcement agents (AEAs) an explicit power to enter premises in order to execute warrants and to use reasonable force in order to do so. This provides CEOs and AEAs with a defence to any civil and criminal liability that would otherwise arise. It is also applicable to the execution of warrants of distress for criminal enforcement.
To ask Her Majesty's Government on how many occasions during the most recent year for which records are available the power of forced entry has been used by HM Court Service bailiffs; where in the country these incidents have occurred; and whether on each occasion the bailiffs have complied with HM Court Service requirements or guidance. [HL1556]
Lord Bach: Since the introduction of the Domestic Violence, Crime and Victims Act 2004, records provided show that the power to force entry has been used to execute warrants of arrest by magistrates’ court civilian enforcement officers (CEOs) on 386 occasions. This is broken down to:
259 occasions in the north-west region;66 occasions in the Midlands region;20 occasions in the south-west region; and 41 occasions in the south-east region.The power to force entry has been used to execute warrants of distress by private bailiffs contracted to Her Majesty's Courts Service (HMCS) on two occasions in the south-east region. HMCS does not have a breakdown for each of the individual years available but can confirm that on all occasions HMCS requirements have been met and guidance followed.
To ask Her Majesty's Government whether they plan to publish the names and addresses of certificated bailiffs on the internet; and, if so, how bailiffs and their families will be protected from aggrieved defaulters. [HL1557]
Lord Bach: We plan to publish a register of certificated bailiffs on the HM Courts Service website. It will include the bailiff's full name, the name of the bailiff’s employer or company to which the bailiff is contracted, the issuing court, date of issue and expiry of the certificate. No addresses will be disclosed.
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To ask Her Majesty's Government whether they plan to publish on the internet the names and addresses of Crown bailiffs, including county court bailiffs and fines officers and civil enforcement officers employed at magistrates' courts; and, if so, how bailiffs and their families will be protected from aggrieved defaulters. [HL1558]
Lord Bach: We have no plans to publish this information.
To ask Her Majesty's Government which bailiffs have taken the HM Court Service approved course on the use of their powers of forced entry. [HL1659]
Lord Bach: All of Her Majesty's Courts Service civilian enforcement officers and private contracted bailiffs are required to have been trained on the use of forced entry.
Following the introduction of the Domestic Violence, Crime and Victims Act 2004, all Her Majesty's Courts Service civilian enforcement officers undertook mandatory training on the use of forced entry. Newly appointed civilian enforcement officers also undertake this training.
The contract between Her Majesty's Courts Service and private bailiff companies that execute warrants on behalf of magistrates’ courts requires all bailiffs who work on the contracts to have completed training of a similar standard. As part of the monthly performance monitoring procedures required under the contracts, the private bailiff companies must record all training activities undertaken by bailiffs and report these to Her Majesty's Courts Service regional management. This reporting includes those who have completed the search and entry training.
Children: Care
Question
To ask Her Majesty's Government what is their response to the new economics foundation report, A false economy: how failing to invest in the care system for children will cost us all. [HL1700]
The Parliamentary Under-Secretary of State, Department for Children, Schools and Families (Baroness Morgan of Drefelin): We welcome this report. Since 2000-01, local authority expenditure on services for looked-after children has increased from £1.3 billion to over £2.1 billion in 2006-07 and as a result outcomes for children in care have been improving in recent years. However, the Government recognise that more needs to be done and the Children and Young Persons Act 2008 makes the necessary legislative changes to support implementation of our Care Matters programme of reform. We agree that children in care need to be placed in the setting which best meets their needs and a key priority is to ensure that children are placed in the most appropriate accommodation.
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Our ambition is to enhance the range and choice of placements for looked-after children, while ensuring that all placements are of a suitable quality. The steps we are taking to improve local commissioning, in particular the new sufficiency duty introduced by the Children and Young Persons Act, are key to delivering this ambition.
Residential care must be of a high standard and staffed by a trained and well supported workforce. We know from Ofsted inspections that a small minority of children's homes do not manage to meet these standards. That is why we are revising the national minimum standards for children's homes and strengthening Ofsted's powers to enforce these standards through regulations under the Children and Young Persons Act 2008.
To achieve our ambitions for all children in care, we need a better understanding of what types of provision for children in care are most effective at meeting different children's needs. That is why we are piloting multi-dimensional treatment foster care, and social pedagogy in children's homes, to develop a much better understanding of what works, particularly for the most vulnerable children.
The local and national-level performance frameworks for looked-after children reflect the importance that central and local government and our partners place on achieving real improvements in outcomes for children in care.
Children: Poverty
Questions
Asked by Lord Maginnis of Drumglass
To ask Her Majesty's Government what funding and other support they will provide to implement the proposals in their consultation Ending Child Poverty: Making it Happen in Northern Ireland. [HL1578]
The Parliamentary Under-Secretary of State, Department for Children, Schools and Families (Baroness Morgan of Drefelin):Ending Child Poverty: Making it Happen sets out our plans to enshrine in legislation the Government's commitment to eradicate child poverty by 2020. It seeks views on proposals to legislate to establish an accountability framework and to drive progress towards the 2020 goal at both local and national levels.
Ministers are currently seeking opportunities to discuss in detail the proposals in Ending Child Poverty: Making it Happen with Ministers in the Northern Ireland Executive to determine the best way to ensure the proposals apply across the UK.
The consultation paper sets out the Government's strategic priorities. Previous Budgets and Pre-Budget Reports have announced a series of investments which have helped lift 600,000 children in the UK out of relative low-income poverty since 1998, and measures announced in and since Budget 2007 are expected to lift around 500,000 children out of poverty. Decisions on financial support will be taken in Budgets and Pre-Budget Reports in the usual way.
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Asked by Lord Maginnis of Drumglass
To ask Her Majesty's Government what discussions they had with the Office of the First Minister and Deputy First Minister in Northern Ireland with a view to developing the proposals in their consultation Ending Child Poverty: Making it Happen. [HL1579]
Baroness Morgan of Drefelin: The goal to eradicate child poverty is UK-wide. The Government work closely with the Northern Ireland Executive through the ongoing work of the Four Nations Child Poverty Group.
Ministers are currently seeking opportunities to discuss in detail the proposals in Ending Child Poverty: Making it Happen with Ministers in the Northern Ireland Executive to determine the best way to ensure the proposals apply across the UK.
China: Tibet
Question
To ask Her Majesty's Government whether they will make representations to the government of China to release 17 Tibetans detained following events on 15 and 16 February in Lithang county of the Tibetan Autonomous Prefecture; and to seek the removal of restrictions on the local population. [HL1586]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): The Government are aware of reports of the detention of a number of Tibetans in Lithang County for protesting in support of the Dalai Lama. We are concerned at these and other reports which indicate that the Chinese authorities have instigated a crackdown in Tibet in advance of sensitive anniversaries during March. These concerns have been raised at all levels, including by my right honourable friend the Prime Minister during the latest UK/China summit.
As well as continuing to urge the Chinese authorities that only peaceful dialogue between the two sides will result in a lasting and peaceful solution to the problem of Tibet, we shall also continue to lobby for all those who are detained to be given fair trials.
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