Previous Section Back to Table of Contents Lords Hansard Home Page



9 Nov 2011 : Column WA45



9 Nov 2011 : Column WA45

Written Answers

Wednesday 9 November 2011

Arab Partnership Initiative

Question

Asked by Lord Luce

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): The primary vehicle for the European Union's (EU) response to the events of the Arab spring is the European Neighbourhood Policy (ENP). The ENP has been in place since 2004, and was reviewed earlier this year to respond to events in the EU's southern neighbourhood.

The main features of the revised ENP are: an offer of profound economic integration to reforming partners, including significantly enhanced access to the EU Single Market; coupled with additional financial support, including 1 billion euros for the period to end 2013. This brings the total financial commitment under the ENP to 13 billion euros for the period 2007-2013, of which approximately 8 billion euros is designated for the southern neighbourhood.

Banking

Question

Asked by Lord Myners

The Commercial Secretary to the Treasury (Lord Sassoon): The banks, in which the Government are a shareholder, are managed on an arm's length commercial basis by UK Financial Investments (UKFI). UKFI engages with the banks, as a shareholder, on their approach to remuneration. UKFI has sought to ensure that the banks are at the forefront of implementing relevant remuneration requirements, such as the Financial Services Authority's updated Remuneration Code of Practice.

Banking: Iceland

Question

Asked by Lord Myners



9 Nov 2011 : Column WA46

The Commercial Secretary to the Treasury (Lord Sassoon): The Government have exposure to three Icelandic banks in respect of compensation payments to UK depositors: Landsbanki (Icesave), Heritable Bank Plc and Kaupthing Singer and Friedlander (KSF). Heritable Bank Plc and KSF are UK-based banking subsidiaries of Icelandic banks and are regulated by the Financial Services Authority (FSA). As such, there is no liability from the Icelandic authorities.

In November 2008, following the FSA's announcement that the UK branch of Landsbanki was in default, the Financial Services Compensation Scheme began payouts to UK depositors with Icesave. This was funded by HM Treasury and we expect full repayment of Iceland's liability.

Negotiations took place with Iceland and, in December 2010, a new loan agreement was initiated by the UK and Iceland in respect of the loan. This loan was ratified by the Icelandic Parliament but on 8 April 2011 the loan agreement was rejected in an Icelandic referendum.

As Iceland is a member of the European Economic Area (EEA), the European Free Trade Association (EFTA) Surveillance Authority (ESA) will commence proceedings against Iceland in the EFTA Court in respect of this loan. This case, which the ESA is preparing, will confirm whether there is a legal obligation for Iceland to repay the amounts distributed by the UK and the Netherlands on behalf of Iceland.

Broadcasting: Authority for Television on Demand

Questions

Asked by Lord Clement-Jones

Baroness Rawlings: The Department for Culture, Media and Sport's officials have regular contact with Ofcom and the Authority for Television on Demand (ATVOD) to discuss a range of issues in relation to the regulation of on-demand programme services. However, the matter raised is an operational one for Ofcom, which is accountable to Parliament rather than Ministers.

Ofcom has advised the department that they are currently considering several appeals concerning ATVOD scope determinations in respect of on-demand programme services, including seven relating to newspaper and magazine websites. Ofcom expects to be in a position to publish its decision on two of the newspaper appeals within the next month.

Asked by Lord Clement-Jones



9 Nov 2011 : Column WA47

Baroness Rawlings: The matter raised is an operational one for the independent regulator, Ofcom, which is accountable to Parliament rather than Ministers. Ofcom have advised the department that the Authority for Television on Demand took over complaint handling from Ofcom on 20 September 2010. Since that time the number of complaints received in each month is set out in the following table:

Month/YearNumber of Complaints

September 2010

1

October 2010

2

November 2010

1

December 2010

5

January 2011

8

February 2011

4

March 2011

9

April 2011

8

May 2011

50

June 2011

37

July 2011

81

August 2011

60

September 2011

42

October 2011

56

Asked by Lord Clement-Jones

Baroness Rawlings: The matter raised is an operational one for Ofcom, which is accountable to Parliament rather than Ministers. Ofcom have advised the department that the Authority for Television on Demand (ATVOD) has not made an estimate of the cost of dealing with each individual complaint as it does not believe it would be proportionate at such an early stage of a new regulatory regime. ATVOD has given a full account of its running costs in its annual report which was published on its website on 30 September 2011, which can be found at: http://www.atvod.co.uk/uploads/files/2011_ Annual_Report.pdf.

Asked by Lord Clement-Jones

Baroness Rawlings: The matter raised is an operational one for Ofcom, which is accountable to Parliament rather than Ministers. Ofcom have advised the department that, to date, no complaints about editorial content on on-demand programme services have resulted in a ruling that the Authority for Television on Demand has been breached.

Asked by Lord Clement-Jones

Baroness Rawlings: The matter raised is an operational one for Ofcom, which is accountable to Parliament rather than Ministers. Ofcom has advised the department that details of the Authority for Television on Demand's (ATVOD) staff, board, employment costs and running costs are set out in the ATVOD annual report which was published on the ATVOD website on 30 September 2011, which can be found at: http://www.atvod.co.uk/uploads/files/2011_Annual_Report.pdf.

ATVOD currently has two full time and three part time staff. The hours of all staff equate to approximately three and a half full time posts.

ATVOD has nine board members: five independent and four non-independent. Non-independent board members are not remunerated and are expected to be employed by a provider of a regulated service.

ATVOD's relevant costs for the (extended) 15 month financial year 1 January 2010-31 March 2011 were as follows:

(a)

Wages and salaries (Staff and Board Members):

£224,456

(b)

Total recruitment costs:

£54,248

(c)

Total pension contributions:

£12,490

(d)

In relation to office running costs. ATVOD's annual report only includes under that heading expenditure on: telephone and internet; office supplies and support; printing, postage and stationery; and general expenses.

£12,485

However, ATVOD's accounts list various other items (including professional fees, travel and expenses, insurance and Ofcom's recouped costs) separately from office running costs.

Taking all expenditure into account, ATVOD's total running costs were £458,557. This includes the figures given at (a) to (d) above. Of this sum, £4,864 was incurred prior to designation in activities relating to the activities of old ATVOD and unrelated to the performance of the designated functions or to preparing to undertake the designated functions. This expenditure was offset by unspent membership fees from the previous year which were taken in as income during the period.

The cost of performing the designated functions for the period 18 March 2010 to 31 March 2011 was £453,693. In accordance with section 368NA(10) of the Communications Act, the summary of costs for the period 18 March 2010 to 31 March 2011 includes ATVOD's costs of preparing to carry out the relevant functions incurred after 19 December 2009 but before 18 March 2010.

Care Homes

Question

Asked by Lord Morris of Manchester

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): I refer the noble Lord to the Answer given to him on 14 September 2011, (Official Report, col. WA 61).

It is for the local authority concerned to decide what action it will take if it becomes aware of an over payment.

Credit Default Swaps

Question

Asked by Lord Myners

The Commercial Secretary to the Treasury (Lord Sassoon): The International Swaps and Derivatives Association (ISDA) has established standard contracts for credit default swaps (CDS). Where two counterparties decide to use these contracts, they can also commit to use the procedures that determine if a credit event has occurred. These procedures cover the composition of the credit event determinations committee, the process for considering a credit event and the publication of decisions. The decisions of the committee are based on, among other things, the facts of the event and the terms of the standard contracts, which include standardised definitions.

For the purpose of calculating capital requirements, the regulatory framework requires firms to have systems in place to assess all the risks to which they are exposed and to hold capital to mitigate those risks. This would include the risk that trigger events for CDS contracts are such that they do not perfectly hedge other exposures the firm may hold.

Democratic Republic of Congo

Questions

Asked by The Lord Bishop of Wakefield

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Revenue generated by the illegal exploitation of natural resources in the eastern Democratic Republic of Congo (DRC) remains a major source of finance for armed groups and is a significant contributing factor to conflict in the region. We, alongside international partners, are working to ensure that the DRC's mineral wealth is brought under legitimate control, so that it provides revenue for the state and the local population, and financial support to armed groups is restricted.



9 Nov 2011 : Column WA50

Asked by Lord Alton of Liverpool

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): We have received reports from a number of sources including the United Nations, non-governmental organisations such as Human Rights Watch, and members of the opposition that claim irregularities in the electoral process. We will continue to raise concerns with the Democratic Republic of Congo's (DRC) electoral commission (CENI) and urge them to investigate and address all irregularities, whether they have been caused by human error or otherwise. The Congolese courts are responsible for resolving electoral disputes and we encourage them to process cases quickly and fairly.

There have been a number of instances of intimidation and harassment of opposition party members including during demonstrations in various provinces. We work with our European Union partners to follow up cases of concern, and will continue to urge all candidates and their supporters to pursue their political goals peacefully.

We have expressed our concern to the CENI that those alleged to have committed serious crimes are able to register as election candidates. However, the DRC's electoral legislation only precludes those who have been convicted. We will continue to urge the DRC authorities to investigate and bring to justice those alleged to have committed serious crimes.

Energy: Prices

Question

Asked by Lord Barnett

Baroness Stowell of Beeston: DECC published estimates of annual average household energy (gas and electricity) bills in 2010, 2015 and 2020 alongside the annual energy statement in July 2010, available online at: http://www. decc.gov.uk/assets/decc/What%20we%20do/UK%20 energy%20supply/236-impacts-energy-climate-change-policies.pdf.

These showed that the average household energy bill was estimated to rise by £136 (12 per cent) over the period 2010-20, from £1,103 in 2010 to £1,239 in 2020 (all in real 2009 prices), driven mostly by increases in international gas prices and rising network costs.

This assessment of the trend over the period does not take into account potential annual fluctuations in weather, which can have a significant impact on energy bills. It is also based on fossil fuel price and policy assumptions as correct at July 2010.



9 Nov 2011 : Column WA51

Since July 2010, DECC has published updated projections of fossil fuel prices (available online at http://www.decc.gov.uk/en/content/cms/about/ec_social_res/analytic_projs/ff_prices/ff_prices.aspx).

Moreover, the coalition Government have made a number of policy announcements since July 2010 which mean that the average household energy bill will rise by less over time compared to a scenario where there were no energy and climate change policies. These announcements include:

proposals on electricity market reform and the Green Deal;the introduction of the carbon price floor;consultations on new cost-effective levels of support for large-scale renewable electricity and lower tariffs and energy efficiency eligibility requirement for solar PV under the feed-in-tariff scheme;the decisions to fund the Renewable Heat Incentive from general taxation rather than through a levy on fossil fuel suppliers;the decision to consider several alternative funding options for the Government's CCS commitments rather than through their own levy.

Updated energy bill estimates accounting for all these announcements and proposed changes will be published alongside the forthcoming annual energy statement later this year.

Energy: Shale Gas

Question

Asked by Lord Barnett

Baroness Stowell of Beeston: Shale gas exploration is relatively new to the UK and in its early stages and the department and other key regulatory bodies, including the Health and Safety Executive, the Environment Agency, and the corresponding bodies in Scotland and Northern Ireland, are working closely together to ensure effective monitoring and appropriate control of these activities.

As is already the case, petroleum licensees have to demonstrate that they have the technical and economic means to conduct operations properly. In future, onshore licensing companies wishing to explore for shale gas will have to demonstrate that they have the appropriate competences and management systems, including systems to ensure protection of the environment. In addition, we will be ensuring that the area and quality of the acreage awarded will not exceed the capacity of the industry, both the oil companies and their supply chain, to deliver their proposed work programmes both in a timely manner and to the highest of standards.

Export Control

Question

Asked by Lord Alton of Liverpool



9 Nov 2011 : Column WA52

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): The UK contributions to the Wassenaar Arrangement, in each of the last five years were:

2007:

€97,429

2008:

€110,981

2009:

€113,549

2010:

€115,506

2011:

€127,754

Gendercide

Question

Asked by Lord Patten

Baroness Northover: The UK Government have made no such estimate.

The UK strongly opposes sex-selective abortion and we support partner governments' efforts to prevent it.

Health: Diabetes

Question

Asked by Baroness Masham of Ilton

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department does not centrally hold this information.

Health: Musculoskeletal Disease

Questions

Asked by Lord Kennedy of Southwark

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The National Quality Board met on 14 July 2011. In the course of a discussion on its future work programme, the board noted the proposal from the Arthritis and Musculoskeletal Alliance for an outcome strategy for musculoskeletal disease. The board concluded that the final decision on whether to develop such a strategy must rest with the department; the board would stand ready to help with any issues of implementation.

Asked by Lord Kennedy of Southwark



9 Nov 2011 : Column WA53

Earl Howe: National Health Service Commissioners and local authorities are responsible for assessing the needs of their populations and for commissioning appropriate health and social care services within available resources. Information on the national prevalence of the major musculoskeletal conditions is available from various publicly available sources. In assessing the overall funding needed for health and social care services the department takes into account a range of factors including changes in demand resulting from changing health needs.

Health: Public Health England

Question

Asked by Lord Willis of Knaresborough

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): From April 2013, the Health Protection Agency will become part of Public Health England, which will be an executive agency.

Subject to the passage of the Health and Social Care Bill, Public Health England will be established on 1 April 2013. Public Health England will provide the Government with impartial and objective scientific and public health advice. The chief medical officer will continue to provide independent advice to the Secretary of State and the Government on the population's health.

Housing: Mortgages

Questions

Asked by Lord Oakeshott of Seagrove Bay

The Commercial Secretary to the Treasury (Lord Sassoon): The Council of Mortgage Lenders and the Financial Services Authority collect specific data on mortgage lending across the UK, which is available on their websites. Her Majesty's Treasury does not provide estimates of mortgage market data.

Decisions on the pricing and availability of mortgages, and other financial products, are commercial decisions for individual banks and building societies. The Government do not seek to intervene in these matters.

Asked by Lord Oakeshott of Seagrove Bay

Lord Sassoon: Decisions on the pricing and availability of mortgages, and other financial products, are commercial decisions for individual banks and building societies. As such, the Government do not seek to intervene in these matters.

Regulation by the Financial Services Authority (FSA) ensures that consumers have appropriate protection when entering into regulated transactions.

The FSA does not support any particular product over another. Consumers are able to receive regulated advice from financial intermediaries on a full range of borrowing and insurance products.

Asked by Lord Oakeshott of Seagrove Bay

Lord Sassoon: Decisions on the pricing and availability of mortgages, and other financial products, are commercial decisions for individual banks and building societies. As such, the Government do not seek to intervene in these matters.

The Government's stakes in financial institutions that have benefited from public sector investment are managed by UK Financial Investments Limited (UKFI) on the Government's behalf. UKFI is required to operate at arm's length from HM Treasury and manages the taxpayers' stakes in the banks on a commercial basis, with the objective of protecting and creating value for the taxpayer as shareholder. This means that even where public money has been made available to banks, the Government do not intervene in commercial matters, such as pricing or product design. To do so would be contrary to this principle of independence and may be anti-competitive or distort the market.

Israel and Palestine

Questions

Asked by Lord Janner of Braunstone

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Following the Israeli air strikes on Gaza and the rocket attacks by Palestinian militant groups on Israel, the Minister of State for Foreign and Commonwealth Affairs, my honourable friend the member for Taunton Deane (Jeremy Browne), issued the following statement on 29 October:

"Today's escalation in violence is deeply unhelpful. We call for all sides to exercise restraint. We condemn any actions that target innocent civilians".



9 Nov 2011 : Column WA55

The UK condemns all such violence which represents both an unacceptable risk to innocent life and a real obstacle to ongoing direct negotiations between Israel and the Palestinians.

Current indications are that this spike in attacks has passed.

Our policy on Hamas is clear: the quartet have set out clearly that Hamas must renounce violence, recognise Israel and accept previously signed agreements. Hamas must make credible movement towards these conditions, which remain the benchmark against which its intentions should be judged. The clear focus for now must be a return to direct negotiations between Israel and the Palestinians as soon as possible.

Asked by Lord Janner of Braunstone

Lord Howell of Guildford: Following the Israeli air strikes on Gaza and the rocket attacks by Palestinian militant groups on Israel, the Minister of State for Foreign and Commonwealth Affairs, my honourable friend the member for Taunton Deane (Jeremy Browne), issued the following statement on 29 October:

"Today's escalation in violence is deeply unhelpful. We call for all sides to exercise restraint. We condemn any actions that target innocent civilians".

The UK condemns all such violence which represents both an unacceptable risk to innocent life and a real obstacle to ongoing direct negotiations between Israel and the Palestinians.

Current indications are that this spike in attacks has passed.

Our policy on Hamas is clear: the quartet have set out clearly that Hamas must renounce violence, recognise Israel and accept previously signed agreements. Hamas must make credible movement towards these conditions, which remain the benchmark against which its intentions should be judged. The clear focus for now must be a return to direct negotiations between Israel and the Palestinians as soon as possible.

Asked by Lord Hylton

Lord Howell of Guildford: We are concerned about the demolition of schools in the Occupied Palestinian erritories and have raised the issue with the Israeli authorities.

Senior Foreign and Commonwealth Office and Department for International Development (DOD) officials most recently visited the Khan al Ahmar school for the bedouin Jahiliin community on 6 October. They discussed with Palestinian and UN officials how to respond to the threat of demolition, an action that would be illegal under international humanitarian law and that would affect the human rights of the children attending the school and their communities.



9 Nov 2011 : Column WA56

Our ambassador to Tel Aviv raised this issue with the Israeli Defence Minister Barak on 5 October, as well as with the chief aide to Education Minister Saar.

DfID is funding the Norwegian Refugee Council (NRC) to provide legal assistance to Palestinians at risk of forced displacement and to Palestinian communities to understand and obtain their housing, land and property rights. Through this funding the NRC is continuing to provide legal representation to the village of Khan al Ahmar to prevent the demolition of the school and houses. A lawyer funded by NRC will file a petition in an attempt to obtain an interim injunction preventing execution of the demolition orders. There is, however, no guarantee that the Israeli High Court of Justice will grant the interim injunction.

The UK has a long-standing policy of lobbying hard on issues relating to demolitions and settlement building, and we will continue to do so. We view any attempts to change the facts on the ground as a serious provocation likely to prompt tensions between communities and cause unnecessary suffering to ordinary Palestinians. We view such steps as harmful to the peace process and in contravention of international law.

We continue to follow this case actively.

Legal Aid

Question

Asked by Lord Jones of Cheltenham

The Minister of State, Ministry of Justice (Lord McNally): The impact assessment published alongside the Government's response to consultation lays out the best estimates of the costs and benefits of the legal aid reforms. The primary responsibility of MoJ in administering the legal aid system must be to provide fair and effective legal aid to those clients most in need. The specific levels of representation within given practice areas at the Bar are primarily the responsibility of the Bar, as is the need to ensure equality of opportunity to all areas of practice. Although MoJ is mindful of the need to encourage those with a protected characteristic to participate fully in public life and the need to advance equality of opportunity generally, MoJ does not believe that legal aid is the most appropriate policy instrument by which to achieve diversity within the profession.

Libya

Question

Asked by Lord Laird



9 Nov 2011 : Column WA57

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Baroness Wilcox): ECGD resumed cover for Libya following the end of the Gaddafi regime. It was the first export credit agency to do so. $250 million of cover capacity has been made available to support exports, which ECGD does through guaranteeing export credit loans used to finance exports and by issuing export insurance policies against non-payment risks.

Mental Health: Ethnic Minorities

Question

Asked by Lord Ouseley

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): Prevalence of different mental health problems does vary by ethnicity. The latest Adult Psychiatric Morbidity Survey highlights that the black population experiences highest rates of post-traumatic stress disorder, suicide attempts, psychotic disorder and drug use and drug dependence, while the white population experiences the highest rates for suicidal thoughts, self-harm and alcohol dependence. The results of the survey can be found here: www.ic.nhs.uk/statistics-and-data-collections/mental-health/nhs-specialist-mental-health-services/mental-health-bulletin--fourth-report-from-mental-health-minimum-dataset-mhmds-annual-returns-2010.

People from some black and minority ethnic (BME) groups are more likely to be admitted to mental health services under the Mental Health Act. The reasons for this are not fully understood but there are likely to be many factors which play a part. Work is under way to better understand the complex reasons for these differences.

The Government's Mental Health Strategy No Health Without Mental Health, a copy of which has already been placed in the Library, acknowledges the lower well-being and higher rates of mental health problems of some BME groups. It is explicit about ensuring that health promotion and ill-health prevention approaches must be targeted at high-risk groups. This means that programmes must be delivered in such a way that they are accessible to families from black and minority ethnic groups. Such approaches, which combine targeted and universal approaches, will lead to a narrowing of the health inequality gap between groups.

Middle East Peace Process

Question

Asked by The Earl of Sandwich



9 Nov 2011 : Column WA58

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): I refer the noble Earl to the response given by the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Alistair Burt) on 19 October (Official Report, Commons; col. 1011W).

National Commissioning Board

Questions

Asked by Lord Warner

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): An update on changes to the department's arm's-length bodies was published on 18 October 2011 and is available at: www.dh.gov.uk/health/2011/10/review-of-arms-length-bodies-update/.

This gives information on timings and transfers of functions to existing and/or new organisations. In summary and subject to the passage of the Health and Social Care Bill and related secondary legislation, the organisations that will be abolished are:

Alcohol Education and Research Council;General Social Care Council;National Patient Safety Agency (NPSA);Appointments Commission;NHS Institute for Innovation and Improvement (NHS III); the Council for Healthcare Regulatory Excellence; the Health Protection Agency; andNational Treatment Agency for Substance Misuse.

Subject to the passage of the Health and Social Care Bill and related secondary legislation, the NHS Commission Board will assume responsibility for:

patient safety functions currently carried out by the NPSA; andleading quality improvement functions currently undertaken by the NHS III.

With regard to these functions:

In 2010-11, the cost of the NPSA patient safety division was £8,166,000; andThe NHSIII's annual accounts for 2010-11 showed total programme costs were £70,015,000, with a net operating cost of £60,239,000.

Asked by Lord Warner

Earl Howe: It is too soon to estimate the number of clinical commissioning groups (CCGs) that will be operational in April 2013. There are, however, currently 266 pathfinder CCGs covering 95 per cent of general practitioner (GP) practices in England.

The expectation is that CCGs will have a management allowance that could be in the range of £25 to £35 per head of population by 2014-15. We will not determine the exact amount until further work has been undertaken with emerging CCGs.

Sir David Nicholson, chief executive designate of the National Health Service Commissioning Board, published Developing the NHS Commissioning Board on 8 July. This document sets out further details about the proposed NHS Commissioning Board, including an estimate of expected staff numbers. As that document also sets out, the board is at the early stages of development. The board is expected to assume its full responsibilities from April 2013, and we will publish further information on associated budgets in due course. The management costs and staffing of Monitor during 2013-14 have not yet been agreed.

Asked by Baroness Masham of Ilton

Earl Howe: The Government want the full range of health and care professionals to be involved in the new commissioning arrangements, supporting the NHS Commissioning Board and clinical commissioning groups to design pathways of care and shape services. As we made clear in the Government's response to the NHS Future Forum Report, we have strengthened the duties on the NHS Commissioning Board and clinical commissioning groups in the Heath and Social Care Bill to secure professional advice and ensure this advice is from a full range of health professionals where relevant.

Subject to the passage of the Health and Social Care Bill, the NHS Commissioning Board will also be responsible for issuing guidance to commissioning groups on their duty to obtain appropriate professional advice.

NHS: Expenditure

Questions

Asked by Lord Warner



9 Nov 2011 : Column WA60

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The information requested has been placed in the Library.

NHS: Foundation Trusts

Question

Asked by Lord Warner

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): No. National Health Service trusts whose applications for foundation trust status are not successful, will not be automatically deemed as a clinically or financially unsustainable organisation. As part of the objective for all the remaining NHS trusts to achieve foundation trust status, the department, strategic health authorities (and subsequently the NHS Trust Development Authority) and trusts are working together to ensure that credible and robust applications are made to ensure this scenario is minimised.

The vast majority of NHS trusts are expected to achieve foundation status by April 2014. A small number will require additional time to develop a solution which is right for them individually and the patients they serve. Alongside these local plans, national solutions and support are being developed which trusts may use to support meeting the authorisation criteria needed to achieve foundation trust status.

Plans are in place for all the remaining NHS trusts to achieve foundation trust status. Where such an organisation is deemed clinically or financially unsustainable in their current form, plans will be agreed for them to move forward to be a foundation trust on some other organisational basis.

The wider objective remains to proactively make the changes needed in the remaining NHS trusts to support them to achieve foundation trust status. There may be some cases however where the unsustainable provider regime, as laid out in current legislation, may be required to be enacted to address issues in relation to the provision of safe and sustainable healthcare services.

NHS: Primary Care Trusts

Question

Asked by Baroness Smith of Basildon

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department received responses from all 151 primary care trusts, and is currently analysing the data. We intend to publish a summary of the findings shortly.

Palestine

Question

Asked by Lord Hylton

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): The UK works closely with members of the quartet and its special representative, Tony Blair. The European Union (EU) sent an EU monitoring mission to cover the 2006 election in the Occupied Palestinian Territories, and the UK would support a similar mission for future elections.

We would expect the quartet to continue to work with and support the Palestine Liberation Organisation provided it continues its commitment to non violence, continues to recognise Israel's right to exist, and respects previously signed agreements. We have informed the quartet representative's office in London that the UK supports such an approach.

Pensions

Question

Asked by Lord Laird

The Commercial Secretary to the Treasury (Lord Sassoon): On 2 November 2011, the Chief Secretary to the Treasury announced an increase in the accrual rate in the Government's preferred scheme design for public service pension reform, from 1/65ths to 1/60ths. This is an 8 per cent cost increase.

Quantitative Easing

Question

Asked by Lord Barnett



9 Nov 2011 : Column WA62

The Commercial Secretary to the Treasury (Lord Sassoon): The Monetary Policy Committee (MPC) of the Bank of England has operational responsibility for monetary policy. The MPC sets monetary policy, including quantitative easing, through the Asset Purchase Facility (APF), in order to meet the 2 per cent inflation target, as measured by the 12-month change in the Consumer Prices Index (CPI), over the medium term.

The framework for the APF, authorising it to be used as a monetary policy tool, was set out in the exchange of letters on 29 January and 5 March 2009 between the governor and the then Chancellor of the Exchequer. The framework requires the Chancellor to authorise the overall limit on asset purchases. The present APF limit was authorised by the Chancellor in his letter to the Governor on 6 October 2011

Under the January 2009 exchange of letters, the APF included authority to purchase up to £50 billion of eligible private sector assets. In his letter to the Governor of 6 October 2011, the Chancellor confirmed that this ceiling remains unchanged.

Questions for Written Answer

Question

Asked by Lord Laird

The Chancellor of the Duchy of Lancaster (Lord Strathclyde): Whilst I would expect all answers to be as helpful as possible in placing information on the record, it is sometimes appropriate for the Government to make reference to websites where information is already available in the public domain. The Guide to Parliamentary Work, produced by the Office of the Leader of the House of Commons, makes clear that steps should be taken to ensure that "any URL given in an answer connects directly to the information referred to (not a departmental homepage) and is working". Links provided should be available in perpetuity. Any information referred to in this way should be supplied to the Member in hard copy, and deposited in the Library in accordance with relevant guidance.

Regional Growth Fund

Questions

Asked by Lord Hoyle

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Baroness Wilcox): There were 959 applications in total to the Regional Growth Fund. (464 in round 1 and 492 in round 2).



9 Nov 2011 : Column WA63

Asked by Lord Hoyle

Baroness Wilcox: One hundred and sixty nine bidders (50 in round 1 and 119 in round 2) were successful in the first two rounds of the Regional Growth Fund and received conditional offers. Most of these bidders are going through the due diligence process before a final grant offer can be made.

More than half of the 1st round applicants announced in April, have commenced their schemes.

Asked by Lord Hoyle

Baroness Wilcox: On the basis of information provided by applicants up to 327,000 direct and indirect jobs (127,000 in round 1 and over 200,000 in round 2) will be created or safeguarded by the first two rounds of successful bids to the Regional Growth Fund. Progress towards the job target specified in the grant offer letter will be monitored quarterly.

Asked by Lord Hoyle

Baroness Wilcox: There are no applications under consideration for grants from the Regional Growth Fund as applications received in the first two rounds have been assessed and results announced.

Republic of Ireland: Irish Language

Question

Asked by Lord Laird

Baroness Rawlings: A copy of the memorandum of understanding with the Government of Ireland of 1 February 2010 will be deposited in the Libraries of both Houses. The memorandum has also been published on the Department for Culture, Media and Sport's Digital Television website and can be found using the link: http://www.digitaltelevision.gov.uk/pdf_documents /publications /2010/UK-NI-ROI_MOU_Feb_2010.pdf.



9 Nov 2011 : Column WA64

Research Councils

Question

Asked by Lord Lucas

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Baroness Wilcox): The Haldane principle means that decisions on individual research proposals are best taken by researchers themselves through peer review. After consultation with senior figures in the science and research community, a clarification of the Haldane principle was published alongside the science and research funding allocations on 20 December 2010 (http://www.publications.parliament.uk/pa/cm201011 /cmhansrd/cm101220/wmstext/101220m0001.htm).

The Haldane principle underlines the continuing independence of the research councils in making the strategic decisions for the investment of the science and research budget, ensuring that the key challenges facing society are addressed whilst maintaining national capability in vital areas. In this way, the Haldane principle does nurture the best research for the benefit of the nation. The Government support this principle as vital for the protection of academic independence and excellence.

Scientific Research

Question

Asked by Lord Lucas

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Baroness Wilcox): I will write to my noble friend and a copy of my letter will be placed in the Library of the House.

Sport

Question

Asked by Lord Pendry



9 Nov 2011 : Column WA65

Baroness Garden of Frognal: We are preserving Whole Sport Plans and holding sports to account on meeting challenging participation targets. Over the past year, we have increased the share of lottery funding for sport across the United Kingdom and invested £136 million in a mass participation legacy programme, and more than £100 million to increase competitive sport through the School Games.

Sport: Community Amateur Sports Clubs

Questions

Asked by Lord Pendry

Baroness Garden of Frognal: There are no current plans to extend the community amateur sports club scheme to apply to recreational activities which are not included in Sport England's list of recognised sports.

Asked by Lord Pendry

Baroness Garden of Frognal: There are no current plans to create further incentives for philanthropic giving to amateur sports clubs.

Asked by Lord Pendry

Baroness Garden of Frognal: The Sport and Recreation Alliance (SRA) looked at the issue of community amateur sports clubs (CASCs) in the Red Tape review commissioned by the Minister for Sport and the Olympics, who has written to Her Majesty's Treasury to raise various issues on CASCs, including a request to consider allowing CASC status for clubs whose semi-professional players make up less than 10 per cent of the total club membership. Discussions between the SRA and the Treasury are ongoing.

Asked by Lord Pendry

Baroness Garden of Frognal: The Sport and Recreation Alliance (SRA) has already relaunched the community amateur sports clubs scheme (CASCs) and Sport England is funding Running Sports to develop new training sessions for CASCs. The SRA looked at the issue of

9 Nov 2011 : Column WA66

CASCs in the Red Tape review commissioned by the Minister for Sport and the Olympics, who has written to Her Majesty's Treasury to raise various issues on CASCs, including a request to consider allowing CASCs to claim Gift-Aid on junior subscriptions, and a request that an easier exit strategy be found should a club no longer benefit from the scheme. Discussions between the SRA and the Treasury are ongoing.

Sport: Sports Clubs

Question

Asked by Lord Pendry

Baroness Garden of Frognal: The Government have noted the findings of the Sport and Recreation Alliance's 2011 Sports Clubs survey. The €135 million Mass Participation Olympic Legacy-Places People Play-will provide support for sports clubs by providing investment to improve facilities and playing fields, as well as equipping sports clubs and their volunteers with the administration and business-oriented skills needed to help run sports clubs more effectively.

Sudan

Questions

Asked by Lord Alton of Liverpool

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): The Under Secretary-General for Humanitarian Affairs, Baroness Amos, briefed interested members of the international community including the UK on the situation in Southern Kordofan, on 1 November in New York. Due to the lack of access across Southern Kordofan, information remains very difficult to come by. We remain gravely concerned at the ongoing violence in Southern Kordofan, and urge both sides to cease hostilities immediately. The humanitarian situation and the ongoing displacement of people is of great concern, and we continue to work closely with United Nations agencies and international partners to seek urgent access to those most affected by the conflict.

Asked by Lord Alton of Liverpool



9 Nov 2011 : Column WA67

Lord Howell of Guildford: We welcome the deployment of the United Nations (UN) Interim Security Force in Abyei and call on the Governments of Sudan and South Sudan to withdraw their forces without conditions, in accordance with the 20 June Agreement on Temporary Arrangements for the Administration and Security of Abyei. We regret the Sudanese Government's refusal to allow an extension to the mandate of the UN Mission in Sudan (UNMIS), which might have allowed for peacekeeping troops to respond to the conflicts in Southern Kordofan and Blue Nile. More broadly, we consider that there remains an important role for international peacekeeping missions in Africa and the UK remains committed to continue to lead efforts to improve the efficiency and effectiveness of UN peacekeeping; ensure that peacekeeping missions support the political processes which will deliver long-term stability; and work to ensure missions stay no longer than necessary.

Asked by Lord Alton of Liverpool

Lord Howell of Guildford: We are concerned that Sudan and South Sudan have rejected flexible citizenship arrangements and continue to urge both governments to come to an agreement on this as soon as possible. The Parliamentary Under-Secretary of State for International Development my honourable friend the member for Eddisbury (Mr O'Brien) raised the issue during his visit to Sudan from 1-3 November, where he called for more time for the process of resolving citizenship; more clarity on the procedures and rules for citizenship; and a comprehensive movement plan agreed by both Governments and which international donors could then support as appropriate. The UK, through the Common Humanitarian Fund and Central Emergency Response Fund, has contributed £2.36 million ($3.8 million) in 2011 to assist Southern Sudanese returning from Sudan. We continue to urge both governments to take seriously their responsibilities towards their citizens, and to adopt a flexible approach to citizenship and free movement, given the strength of the links between the two countries and their peoples.

Syria

Question

Asked by Lord Janner of Braunstone

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Since the beginning of unrest in Syria in March 2011, we have held regular discussions with the Arab League about repression in Syria.

My right honourable friend the Secretary of State for Foreign and Commonwealth Affairs maintains a dialogue with the Secretary-General of the Arab League on this and related issues, while the Parliamentary

9 Nov 2011 : Column WA68

Under-Secretary of State, my honourable friend the member for North East Bedfordshire (Alistair Burt), and our ambassador in Cairo have spoken to the Deputy Secretary General of the Arab League.

We also have regular contact at ministerial and ambassadorial level with Foreign Ministers of Arab League states. Most recently our discussions have focused on encouraging them to take a firm stance with Syria and to condemn the violence and repression of the Syrian regime.

Taxation: Green Taxes

Question

Asked by Lord Barnett

The Commercial Secretary to the Treasury (Lord Sassoon): The Government are currently finalising their definition of environmental taxes. Once this work concludes, a Written Ministerial Statement will be laid in Parliament. This will establish a baseline against which the Government's commitment to increase the proportion of revenue from environmental taxes can be measured.

Telecommunications

Question

Asked by Lord Laird

Baroness Rawlings: Information from telecoms equipment has to be transferred in order to transmit the communication. Where such information relates to the user of the equipment or subscriber to the communications network, use of this information would be subject to UK law in-so-far as our laws apply to the entity receiving the information. If the information constitutes personal data, then the Data Protection Act 1998 would apply to the processing in-so-far as the UK based equipment was being used to facilitate the processing.

Terrorism

Question

Asked by Lord Hylton



9 Nov 2011 : Column WA69

The Minister of State, Home Office (Lord Henley): Where online terrorist-related content, including issues of Inspire magazine, are assessed to constitute an offence, the Counter Terrorism Internet Referral Unit of the Metropolitan Police will seek their removal or modification, acting under the Terrorism Act (TACT) 2006 Section 2 and TACT 2000 Section 58. Where content is hosted overseas, this often involves working with hosting companies and law enforcement authorities in other states.

Tourism

Question

Asked by Baroness Gibson of Market Rasen

Baroness Garden of Frognal: We are undertaking a number of initiatives which will make it easier and better value for money to visit the UK. For example, the UK Border Agency (UKBA) is moving to on-line visa applications and processing from the end of this year, and has already published visa application guidance in 5 key languages. UKBA will also increase the number of visa biometric ID centres around world. The cost of a visa balances the need to maintain secure and effective border controls, and ensuring that the level of fee does not inhibit the UK's ability to continue to attract those businesses, migrants and visitors who most benefit the UK.

We are also undertaking a range of initiatives to improve the productivity of the UK tourism industry, such as improving skills and cutting regulations and red tape, to equip the sector to improve the value for money of its products and experiences at every level of price.

Tunisia

Question

Asked by Lord Janner of Braunstone

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Tunisia held their first free elections on 23 October. The observers present, both domestic and international, saw a consistent, clear and systematic process. The elections were a significant first step towards meeting the aspirations of the Tunisian people and it was vital that they had the opportunity to make their voices heard at the ballot box. Those elected to the Constituent Assembly are now in discussions to form a coalition government. We hope that the Assembly will continue to embody the principles of inclusivity, diversity and collaborative working which have been crucial for Tunisia's progress so far.



9 Nov 2011 : Column WA70

UNESCO: Membership

Question

Asked by Lord Kilclooney

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): The UK supported efforts by the European Union (EU) High Representative, Baroness Ashton, to build an EU consensus over the Palestinian application for membership of the United Nations Educational, Scientific and Cultural Organisation.

In the event, this was not achieved. The breakdown of the EU vote was as follows:

in favour-France, Spain, Belgium, Cyprus, Finland, Greece, Luxemburg, Malta, Slovenia, Austria and Ireland;abstentions-UK, Italy, Bulgaria, Denmark, Estonia, Hungary, Latvia, Poland, Portugal, Romania and Slovakia; andagainst-Germany, Netherlands, Czech Republic, Sweden and Lithuania.

War Memorials

Question

Asked by Lord Morris of Manchester

Baroness Rawlings: The Department for Culture, Media and Sport's Memorial Grant Scheme makes grants equivalent to value added tax incurred by charities and faith groups in erecting, maintaining or repairing public memorials, including war memorials. The scheme applies to memorials in the form of statues, monuments and similar constructions. Since the start of the scheme in 2005-06, it has given out over £1.8 million to support memorials across the UK.

Young Offenders: Restraint

Questions

Asked by Baroness Stern

The Minister of State, Ministry of Justice (Lord McNally): The Restraint Advisory Board have reported on their assessment of the new system of restraint for use in secure training centres and young offender institutions.



9 Nov 2011 : Column WA71

The Government are currently considering this report and will communicate key findings with stakeholders and Parliament in the new year.

Asked by Baroness Stern

Lord McNally: The requirements of the Human Rights Act 1998 and the UN Convention on Rights of the Child together with all other requirements of international and domestic law are taken into account by the Government in determining their policy and practice on the use of restraint in the under-18 secure estate. This includes the use of pain-inducing restraint techniques.

Asked by Baroness Stern

Lord McNally: The Youth Justice Board (YJB) has collated exception reports for secure training centres (STC) since 2006. An exception report is submitted by an STC if any warning signs or serious injuries are detected during or following the use of physical control in care (PCC). Exception reports are used to gather evidence and enable a central review and identify ways to improve the safety and efficacy of restraint methods. Responsibility for the management of exception reports transferred to National Offender Management Service (NOMS) in August 2010 as the training provider for PCC.

The list of warning signs are as follows:

struggling to breathe;complaint unable to breathe;nausea;vomiting;swelling to face or neck;abnormal redness to face;blood spots on face or neck;limp or unresponsive;change in degree of agitation;

9 Nov 2011 : Column WA72

respiratory arrest; andcardiac arrest.

The category of "serious injury requiring hospital treatment" includes:

serious cut;fractures;concussion,loss of consciousness, anddamage to internal organs.
The number of exception reports that have been submitted by STCs since 2006
YearTotal No. of Exception reports

2006

22

2007

58

2008

82

2009

33

2010

61

2011 (to date)

29

These exception reports are passed to a review panel (which include medical experts) who consider every case and are able to report to Ministers on any significant issues.

Exception reporting is not currently required in young offender institutions (YOIs) holding young people. However, there are a number of safeguards in place including a requirement that healthcare staff visit all young people within 24 hours of them being subject to use of force to assess any injuries, which are recorded on a body map with an accompanying narrative. Monthly statistics on injuries and the number of injuries that occur are collected from this data so that trends can be identified and analysed with appropriate action taken forward. In under-18 YOIs, in addition to the above, all serious injuries are reported to the Youth Justice Board.

In secure children's homes (SCHs), there is no exception reporting process as outlined above. As the independent regulator, Ofsted must be notified by children's homes (including SCHs) whenever a serious event has taken place. Ofsted assess these notifications and forward them to the Department for Education (DfE) if they raise safeguarding or policy issues. This arrangement would allow DfE Ministers to be briefed about any potentially high profile significant incidents-eg involving serious injury to children.

Youth Justice Board

Questions

Asked by Lord Warner

The Minister of State, Ministry of Justice (Lord McNally): The latest estimate of annual savings from the abolition of the Youth Justice Board is approximately £250,000 per annum. These savings relate to the costs

9 Nov 2011 : Column WA73

of board members and are directly attributable to the abolition, although the transition process will incur some costs.

This figure is consistent with the estimate provided throughout the passage of the Public Bodies Bill.

Asked by Lord Warner

Lord McNally: As I stated in my Answer to the Earl of Listowel, it is a requirement of the Government's Code of Practice on Consultation that the consultation response provide a summary of who responded to the consultation exercise, the number of responses that were in favour of or against the Government's proposals, and a summary of the views expressed in response to each question.

It would not be appropriate to publish now a list of respondents and their views, which include those that do not neatly fall within categories of opposed to and supportive of the Government's proposals, without at the same time setting out the Government's response to those views. The department is now considering its response and intends to publish it by the end of this year.



9 Nov 2011 : Column WA74

Asked by Baroness Scotland of Asthal

Lord McNally: It remains the Government's intention to abolish the Youth Justice Board and to carry out its main functions within a newly created Youth Justice Division in the Ministry of Justice. The Youth Justice Division will be responsible for overseeing the delivery of youth justice services, identifying and disseminating effective practice, commissioning a distinct secure estate and placing young people in custody.

Increasing direct ministerial accountability for youth justice will create a strong impetus for improvement. Ministers are better placed to influence policy across government and they will ensure that other departments, such as education and health, play their part in stopping young people from becoming involved in crime and reoffending. The Government anticipate that the impact of the changes to the national governance on the work undertaken by the youth justice system will be minimal. The front line delivery of youth justice by youth offending teams will not be affected by this change and a distinct secure estate for young people will remain in place.


Back to Table of Contents Lords Hansard Home Page