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Question
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government at what age they deem a child able to consent to information sharing; and whether parents are normally involved in children's decisions about whether to consent to data sharing, such as that planned for ContactPoint. [HL2684]
The Parliamentary Under-Secretary of State, Department for Children, Schools and Families (Baroness Morgan of Drefelin): The law provides that a child or young person who has the capacity to understand and make their own decisions may give (or refuse) consent to information sharing. This is presumed for young people to be aged 16 years and older unless there is evidence to the contrary. However, children aged 12 years or over may generally be expected to have sufficient understanding. Children under 12 years old may also be considered to have sufficient understanding. Where a practitioner has judged that a child does not have sufficient understanding to give or refuse consent, a person with parental responsibility should be asked to consent on behalf of the child. Practitioners use their professional judgment to determine whose consent should be sought. Information Sharing: Guidance for Practitioners and Managers sets out clearly the considerations that should be made when determining whose consent should be sought.
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All children in England will have a record on ContactPoint containing basic information until they reach the age of 18. When a child or young person accesses a sensitive service (services relating to sexual health, mental health and substance abuse) their explicit, informed consent (or that of a parent/carer if acting on their behalf) will be required to record contact details for this sensitive service on ContactPoint. A lack of consent to place sensitive service practitioner details on ContactPoint may be overridden in circumstances where there are genuine child protection concerns. Informed, explicit consent will be required for care leavers or those with learning difficulties to have their record remain on ContactPoint beyond the age of 18, up to the age of 25, to help facilitate the transition to adult services.
Children: Onset
Questions
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government how many children have been profiled as potential offenders by the Onset system; how many of those have been enrolled in a diversionary scheme; and how many have been imprisoned. [HL2639]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): Onset is an assessment and referral framework designed by the Centre for Criminology, University of Oxford, and was launched in August 2006. It identifies whether a child would benefit from early intervention in order to help prevent him or her offending. Onset also helps to ensure the effectiveness of the intervention in any given case by determining the risk factors that should be reduced and the protective factors that should be enhanced.
In 2007-08, the first year for which complete data are available, local authorities' youth offending teams reported to the Youth Justice Board that 22,535 children started on diversion programmes, 12,168 of whom then had an Onset assessment. Data on the numbers of children who had an Onset assessment and who subsequently received a custodial sentence are not collected centrally.
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government which agencies have access to profiles created by Onset; where the Onset profiles are stored; and how long an Onset profile is kept for. [HL2640]
Lord Bach: Onset profiles are stored on the electronic and paper record systems used by local authorities' youth offending teams. These systems can be accessed by the multi-agency staff working for youth offending teams, such as health workers, police officers, social workers, probation officers and housing officers. Access to and sharing of such information is subject to the requirements of the Data Protection Act 1998. The Youth Justice Board has issued guidance to youth offending teams on compliance with the Act and on effective record-keeping and information-sharing practice.
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Civil Service: Performance Pay
Questions
To ask Her Majesty's Government further to the Written Statement by the Lord President (Baroness Royall of Blaisdon) on 31 March (WS 83—84), what was the estimated size of the Department for Children, Schools and Families or its predecessors' non-consolidated performance-related pay pot for the senior Civil Service in each of the last five years for which information is available. [HL2844]
The Parliamentary Under-Secretary of State, Department for Children, Schools and Families (Baroness Morgan of Drefelin): Pay arrangements for the Senior Civil Service are managed centrally by the Cabinet Office and are based on recommendations by the independent Senior Salaries Review Body.
Asked by Baroness Thomas of Winchester
To ask Her Majesty's Government further to the Written Statement by the Lord President (Baroness Royall of Blaisdon) on 31 March (WS 83—84), what was the estimated size of the Department for Environment, Food and Rural Affairs's non-consolidated performance-related pay pot for the senior Civil Service, in each of the past five years for which information is available. [HL2849]
The Minister of State, Department of Energy and Climate Change & Department for Environment, Food and Rural Affairs (Lord Hunt of Kings Heath): Pay arrangements for the Senior Civil Service are managed centrally by the Cabinet Office and are based on recommendations by the independent Senior Salaries Review Body.
Asked by Baroness Thomas of Winchester
To ask Her Majesty's Government further to the Written Statement by the Lord President (Baroness Royall of Blaisdon) on 31 March (WS 83—84), what was the estimated size of the Foreign and Commonwealth Office's non-consolidated performance-related pay pot for the senior Civil Service, in each of the last five years for which information is available. [HL2850]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): Pay arrangements for the senior Civil Service are managed centrally by the Cabinet Office and are based on recommendations by the independent Senior Salaries Review Body.
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Iceland
Question
To ask Her Majesty's Government what assessment they have made of the conclusion of the petition signed by over 80,000 Icelanders, which was presented to the British-Icelandic Parliamentary Group, that the United Kingdom and Iceland should work together to rebuild their long-term relationship as allies and friends; and what measures they intend to take to further those ends. [HL2762]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): Iceland remains a long-standing strategic ally of the UK. We look forward to sustaining the traditionally strong bilateral relationship, while mindful of the outstanding financial issues, which have still to be resolved between us following Iceland’s banking crisis.
The Icelandic Foreign Minister, Mr Ossur Skarphedinsson, met my right honourble friend the Foreign Secretary on Tuesday 31 March 2009. They had a productive exchange, both on financial questions and also on the prospects for enhanced co-operation in the wider bilateral relationship, including areas such as defence and security, the Arctic and renewable energy.
Communications Data
Questions
Asked by Baroness Neville-Jones
To ask Her Majesty's Government whether they can distinguish communications data and the content of communications in relation to social networking sites. [HL2747]
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): “Communications data” and “communications” are defined in the Regulation of Investigatory Powers Act 2000. The Government are satisfied that they can distinguish between the communications data associated with a communication and the content of communications, including with reference to social networking sites.
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government whether, in planning the Interception Modernisation Programme, they have considered deep packet inspection equipment as a means of analysing people's internet communications in order to ascertain their identity in cases where it is not evident from the source and destination of data packets. [HL2760]
Lord West of Spithead: The Government's Interception Modernisation Programme is considering how deep packet inspection technologies might support the lawful interception of communications and separately the lawful acquisition of communications data.
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Communications Data Bill
Question
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government whether the construction of a prototype database for the proposed Communications Data Bill is under way; if so, how it will be tested; and how much will be spent on the prototype exercise. [HL2643]
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): The work of the interception modernisation programme has not included the construction of a prototype database. The Government will shortly launch a public consultation on options for how communications data may support public protection in the future.
Counterterrorism
Question
To ask Her Majesty's Government what support and guidance they have provided to the United Nations Counter-Terrorism Implementation Task Force. [HL2637]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): The UK has engaged actively with the UN counterterrorism implementation task force since it was established by the UN Secretary-General in 2005. We have shared UK experience and expertise on a number of issues considered by the task force, including terrorist use of the internet and counter radicalisation. We provided £73,000 in financial year 2008-09, to help fund two projects: a UN symposium on supporting the victims of terrorism and a project aimed at countering radicalisation.
Counter-Terrorism Act
Questions
Asked by Lord Wallace of Tankerness
To ask Her Majesty's Government when they intend to bring into force Section 28 of the Counter-Terrorism Act 2008. [HL2610]
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): We do not yet have a date for the commencement of Section 28 of the Counter-Terrorism Act 2008.
Asked by Lord Wallace of Tankerness
To ask Her Majesty's Government further to the remarks by Lord West of Spithead on 4 November 2008 (Official Report, House of Lords, col. 184), whether agreement has been reached with the Lord Advocate regarding guidelines on post-charge questioning in Scotland under the Counter-Terrorism Act 2008 being placed in the Library of the House; and when such guidelines are expected to be published. [HL2612]
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Lord West of Spithead: Guidelines on post-charge questioning in Scotland will be placed in the Library of the House when the relevant provisions of the Counter-Terrorism Act 2008 are commenced.
Criminality Information Management
Questions
To ask Her Majesty's Government what will be the duties of the Independent Adviser for Criminality Information Management advertised by the Appointments Commission on 1 April. [HL2770]
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): The adviser will provide Ministers with independent advice and challenge on improving the management of criminality information in support of public protection. Criminality information is defined as any information which is, or may be, relevant to the prevention, investigation, prosecution or penalising of crime.
To ask Her Majesty's Government in the context of the Home Office advertisements for an Independent Adviser for Criminality Information Management, what is the meaning of Criminality Information Management. [HL2793]
Lord West of Spithead: Criminality Information Management is the effective and proportionate recording, use and sharing of criminality information in support of public protection. Criminality information is defined as any information which is, or may be, relevant to the prevention, investigation, prosecution or penalising of crime.
Dalai Lama
Question
To ask Her Majesty's Government what steps they have taken in response to the Government of South Africa not granting a visa to the Dalai Lama to attend the peace conference in South Africa. [HL2589]
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown): We have not raised this issue with the South African Government as visa decisions are a matter for national Governments.
Data Protection
Question
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty's Government how many letters they have received from the European Commission regarding implementation of the Data Protection Directive. [HL2687]
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The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): We are engaged in a constructive dialogue with the Commission on the implementation of the data protection directive. We have received three formal letters on the subject since the directive came into force in 1995.
Data Retention (EC Directive) Regulations 2009
Questions
Asked by Baroness Neville-Jones
To ask Her Majesty's Government what is the composition of the implementation group for the Data Retention (EC Directive) Regulations 2009; and whether the guidance produced by the implementation group will be published. [HL2626]
To ask Her Majesty's Government whether the Data Retention (EC Directive) Regulations 2009 will be implemented only after guidance is produced by the implementation group. [HL2627]
To ask Her Majesty's Government whether the bringing into force of the Data Retention (EC Directive) Regulations 2009 will be delayed until the European Court of Justice rules in respect of the conformity of the data retention directive with the European Convention on Human Rights in the case brought before it by the German Working Group on Data Retention. [HL2629]
To ask Her Majesty's Government with reference to the definition of communications data in the Data Retention (EC Directive) Regulations 2009, (a) how they define data that are "processed by" communications service providers; and (b) whether data "processed by" communications service providers can or will include third party applications. [HL2630]
To ask Her Majesty's Government what internet protocols are not covered by the definition of "internet email" in the Data Retention (EC Directive) Regulations 2009. [HL2678]
To ask Her Majesty's Government whether it is possible technically to distinguish completely communications data and the content of communications for internet protocols covered by the Data Retention (EC Directive) Regulations 2009; and, if so, for which of the internet protocols covered by the Regulations. [HL2679]
To ask Her Majesty's Government whether it is possible technically to distinguish completely communications data and the content of communications for internet protocols covered by the Data Retention (EC Directive) Regulations 2009; and, if not, how they will maintain the validity of that distinction. [HL2680]
To ask Her Majesty's Government whether they allow the use of (a) deep packet inspection technologies, and (b) data mining technologies and techniques, on communications data retained by communications service providers. [HL2681]
To ask Her Majesty's Government how communications data retained by communications service providers are stored. [HL2682]
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The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): Membership of the implementation group has not been finalised but it will comprise representatives of law enforcement and intelligence agencies, the Government and the communications industry. Its guidance will not be published.
The regulations came into effect from 6 April and will apply to all public communications service providers to whom a written notice has been given by the Secretary of State.
The regulations apply to data that are processed or generated by UK service providers in connection with the provision of publicly available electronic communications services or of public communications networks, as stipulated in the2006 directive. As explained in the debate on the regulations, they will not be used to oblige communication service providers to retain data that relate to “third party” applications offered by providers based abroad.
The regulations relate to communications services or public communications networks. Some “information services” such as social networking sites would fall outside the definition of a communication service and would not be covered by the regulations.
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