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Wednesday 21 March 2012
Agriculture: Eggs
Question
To ask Her Majesty's Government, further to the Written Answer by Lord Taylor of Holbeach on 28 February (WA 337), what is the purpose of contacting the relevant competent national authority for confirmation of whether imported eggs being marketed as class A are from a conventional cage if that member state is known not to be compliant with the European Union welfare of laying hens directive, and whether egg imports from non-European Union countries are subject to a similar ultra-violet light analysis.[HL16386]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach): The position in other EU member states is constantly changing as egg producers move out of using conventional cages. Although there are a number of member states who have not yet achieved full compliance, some of their producers have moved over to more welfare friendly systems of production. Therefore, contacting the competent national authority is necessary to confirm the production system of a particular producer if the origin of the eggs is suspected to have come from conventional cages. Ultra-violet analysis is not being used on eggs from non-EU countries.
Bahrain
Question
To ask Her Majesty's Government, further to the Written Answer by Lord Howell of Guildford on 29 February (WA 31-2), why they do not raise individual human rights cases, including that of Dr Al Singace, with the Government of Bahrain. [HL16235]
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): We repeatedly and consistently raise human rights with the Bahraini Government both in public and in private. This includes raising specific cases, including with European Union colleagues, where we think it is necessary and appropriate on humanitarian grounds. We have made it clear to the Bahraini authorities that the civil rights of opposition figures, including access to medical care, should be guaranteed in all cases.
British Nationality Act 1981
Questions
To ask Her Majesty's Government how many people since 2009 have been deprived of their citizenship under Section 40 of the British Nationality Act 1981 by virtue of the registration or naturalisation
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The Minister of State, Home Office (Lord Henley): Fewer than five people have been deprived of their citizenship under Section 40 of the British Nationality Act 1981 since 2009. The Home Office is unable to disclose any further details as this could breach the department's responsibilities under the Data Protection Act.
The deprivation on fraud grounds of a number of other individuals is currently under consideration. Use of the fraud deprivation powers is currently being reviewed.
To ask Her Majesty's Government whether they intend to amend the residence requirements in Schedule 1 to the British Nationality Act 1981 for naturalisation as a British citizen to exclude time spent in the United Kingdom on a student visa in the qualifying period of five years, or in any other circumstances where residence was legal; and whether time spent in the United Kingdom illegally or without leave is ever counted as qualifying.[HL16438]
Lord Henley: The residence requirements for naturalisation, as specified in Schedule 1 of the British Nationality Act 1981, provide that a person should have resided legally in the United Kingdom for a qualifying period of three or five years. The residence requirements do not specify that the applicant should have been here in a particular capacity, meaning that time spent in the United Kingdom on a student visa can potentially count towards the residence requirements for naturalisation.
However, in practice, the circumstances in which time spent in the UK on a student visa could count towards the residence requirement for naturalisation are limited. This is because in order to qualify for naturalisation the applicant must also be free from immigration time control on the date of application.
Usually, a non-EEA national would achieve this through a grant of indefinite leave to remain under the Immigration Rules. As student leave is not a route to settlement in its own right it is unlikely that a person who enters as a student can ultimately acquire settlement and, in turn, citizenship unless they become the spouse or partner of a British citizen/settled person or meet the rules relating to long residence.
For the purposes of naturalisation, residence in the United Kingdom should have been legal and not in breach of the immigration laws. This means that in general any period of illegal residence will not count towards the qualifying period for naturalisation. The Secretary of State does, however, have the discretion to overlook a period of breach of the UK immigration laws during the qualifying period in particular circumstances; for example, if this was inadvertent.
There are no plans to amend the requirements for naturalisation at the current time.
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British Private Equity and Venture Capital Association
Question
To ask Her Majesty's Government when HM Treasury Ministers or officials last met representatives or members of the British Private Equity and Venture Capital Association.[HL16347]
The Commercial Secretary to the Treasury (Lord Sassoon): Treasury Ministers and officials have meetings with a wide variety of organisations in the public and private sectors as part of the process of policy development and delivery.
The Treasury publishes a list of ministerial meetings with external organisations, which is available at: http://www.hm-treasury.gov.uk/minister_hospitality.htm.
Treasury Ministers met with the British Private Equity and Venture Capital Association during the first half of 2011, the most recent period covered by this published list.
Circuses: Animals
Questions
Asked by Baroness Smith of Basildon
To ask Her Majesty's Government, further to the Written Statement by Lord Taylor of Holbeach on 1 March (WS 125-6) on ending the use of wild animals in circuses, when they intend to introduce legislation to ban the use of wild animals in circuses. [HL16207]
To ask Her Majesty's Government what estimate they have made of the costs of introducing legislation to establish a licensing and regulatory regime for the use of wild animals in circuses; and when they expect such legislation to be introduced.[HL16208]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach): A full estimate of the costs of the proposed licensing scheme for the use of wild animals in circuses is set out in the draft impact assessment published as part of the consultation package on 1 March 2012. A copy is in the House Library.
Regulations to deliver the licensing scheme would be brought before the House before Parliament rises for the summer. Legislation for the ban will require primary legislation and we are considering how that might be achieved.
Constitutional and Political Reform
Question
To ask Her Majesty's Government whether they envisage a direct link between proposals for reform of the House of Lords and proposals for the revision of constituency boundaries.[HL16253]
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The Minister of State, Ministry of Justice (Lord McNally): These are different elements of the Government's constitutional and political reform agenda and there is no formal link between them.
Dogs: Guide Dogs
Question
Asked by Lord Morris of Manchester
To ask Her Majesty's Government what recent discussions they have had with the Guide Dogs for the Blind Association regarding the issue of attacks on guide dogs by other dogs; and whether they have discussed this issue with them in the context of the Government's response to the dangerous dogs consultation.[HL16354]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach): Defra has held recent discussions with representatives from the Guide Dogs for the Blind about attacks on guide dogs by other dogs. All such meetings have been in the context of the formulation of the Government's proposal to reduce irresponsible ownership of dogs.
Elections: Local Government
Question
Asked by Lord Hodgson of Astley Abbotts
To ask Her Majesty's Government whether individuals who are on the electoral roll and pay council tax are entitled to vote in local government elections.[HL16384]
The Minister of State, Ministry of Justice (Lord McNally): British, European Union and qualifying Commonwealth citizens are entitled to be included in the local government register of electors, provided that the other registration criteria are also met.
Those criteria are that a person must:
be resident in the constituency (subject to certain exceptions such as members of the Armed Forces registered as service voters);be 18 or over, or become 18 within the lifetime of the electoral register; andnot be subject to any legal incapacity to vote.There is no direct link between the right to vote and the liability to pay UK tax. As the Electoral Commission's guidance to Electoral Registration Officers (EROs) on electoral registration highlights, owning and paying council tax on a property alone is not sufficient to satisfy the residence qualification, although this may give an indication of connection to an address. Each decision must be made by the ERO on a case-by-case basis.
A person registered in more than one place is not permitted to vote twice at a general or European parliamentary election; however they are eligible to vote in local government elections in two different localities, as in doing so, they are not casting more than one vote in an election to the same body.
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Energy: Syngas
Question
To ask Her Majesty's Government how many licences they have issued to produce syngas; and what is the estimated carbon content of syngas per unit of energy compared with diesel fuel and power station fuel.[HL16470]
The Parliamentaryy Under-Secretary of State, Department of Energy and Climate Change (Lord Marland): The production of syngas does not require a licensing process. As at February 2012, two plants producing syngas were accredited under the Renewables Obligation.
The carbon content of syngas will vary considerably, depending on the composition of the feedstock and the gasification process. Assuming complete combustion and a variety of biomass feedstocks, including woody biomass and wastes, the emissions for biomass syngas range from 90-120g carbon dioxide equivalent per megajoule of energy (CO2e/MJ).
Direct emissions from conventional fuels are:
Diesel: 74g CO2e/MJCoal: 95g CO2e/MJNatural gas: 57g CO2e/MJHowever, these values do not capture lifecycle emissions. In particular, when the emissions absorbed from the growth of biomass are taken into account, the net fossil carbon emissions from the combustion of syngas produced from biomass feedstocks may reduce to zero.
European Court of Human Rights
Question
Asked by Baroness Butler-Sloss
To ask Her Majesty's Government whether the list of candidates for the office of the United Kingdom judge at the European Court of Human Rights, submitted to the Parliamentary Assembly of the Council of Europe, complies with all of the Parliamentary Assembly's criteria, including (1) knowledge of public international law, and (2) the ability to hold office for at least half of the nine-year term before reaching 70 years of age.[HL16352]
The Minister of State, Ministry of Justice (Lord McNally): The list of candidates for the office of the next judge at the European Court of Human Rights with respect to the United Kingdom has not yet been submitted to the Parliamentary Assembly of the Council of Europe (PACE).
It has been forwarded for consideration by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights established by the Committee of Ministers. Once the advisory panel has completed its examination the list will be formally notified to PACE. PACE has requested the list by 13 April 2012.
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The list complies with all of PACE's criteria but these do not currently include (1) knowledge of public international law, and (2) the ability to hold office for at least half of the nine-year term before reaching 70 years of age.
Forests
Question
To ask Her Majesty's Government whether the value that they place on ancient woodlands is likely to result in more of them being designated as sites of special scientific interest as a safeguard to their preservation.[HL16405]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach): Compared to other wildlife habitats, ancient woodlands are under-represented in the sites of special scientific interest (SSSI) series. Less than 25% of the ancient semi-natural woodland-our most important woodland type for wildlife-is SSSI. For most semi-natural habitats the proportion designated is considerably greater. There are also significant geographical gaps in the coverage of woodland SSSIs. Work to identify which undesignated woodlands have potential to become SSSIs for their wildlife features is underway and being led by Natural England, in line with its statutory duty. It is likely that this work will result in more ancient woodlands being protected through designation as SSSI over the next few years.
Gaza
Question
To ask Her Majesty's Government what action they will take following the Israeli missile strikes on Gaza between Friday 9 March and Monday 12 March; whether those missile strikes have targeted houses occupied by extended families; and what assessment they have made of the necessity of those strikes for Israeli security and of their other purpose.[HL16400]
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): On 12 March 2012, following the Israeli air-strikes on Gaza and rocket attacks by Palestinian militant groups on Israel, the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Mr Burt) released the following statement:
"I am deeply concerned by the recent escalation of violence in Gaza and southern Israel. I condemn any attacks targeting civilians. I urge all sides to exercise restraint, re-establish calm and avoid any further civilian casualties".
The incidents on 9-12 March 2012 represent a worrying escalation of violence. Reports indicate that 30 air-strikes were undertaken by the Israeli Defence Force; and 212 rockets and mortars were launched from the Gaza Strip by Palestinian militant groups,
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There has been an ongoing low level of violence since then, but we are not aware of further casualties.
Our officials are continuing to monitor the situation closely and to make representations as appropriate.
Government Departments: Staff Childcare
Questions
To ask Her Majesty's Government what provision is made by the Department for Environment, Food and Rural Affairs for childcare for employees' children; and how much was spent by that department on the provision of childcare in each of the past 10 years for which information is available.[HL16294]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Taylor of Holbeach): Defra provides nursery places, both on and off site, plus holiday and out-of-school play scheme places as well as supporting childcare vouchers for working parents. Spend on childcare provision in the core department over the past 10 financial years is set out in the table below.
| Year | Spend |
To ask Her Majesty's Government what provision is made by the Home Office for childcare for employees' children; and how much was spent by that department on the provision of childcare in each of the last ten years for which information is available.[HL16295]
The Minister of State, Home Office (Lord Henley): To complement the Home Office's policies to encourage employee work-life balance, there are a range of childcare support options.
A childcare voucher salary sacrifice scheme operates within Home Office Headquarters and the UK Border Agency. The scheme allows staff to make savings on their childcare costs by taking part of their salary (a maximum of £243), in the form of childcare vouchers, which help to meet the cost of childcare for children up to the age of 16. The vouchers are exempt from tax and national insurance contributions (NIC) and provide NIC savings for the employer.
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Payment of childcare or related expenses can be made when unavoidable childcare costs are incurred because circumstances demand the normal working routine is broken.
Subsidised play schemes are available during school holidays for children up to the age of 12 for staff in central London locations. The play schemes are run in collaboration with other government departments to achieve efficiencies in cost.
The Identity and Passport Service and Criminal Records Bureau provide a vouchers scheme contributing to the cost of childcare for children up to the age of 12. The maximum amount payable per annum is £960 per family.
Table one outlines for the Home Office and its agencies total spend on childcare provisions for the past five years, dating back to financial year 2006-07.
Table two details spend on childcare provision by agency. Where an agency is able to provide spend information prior to 2006-07 this information is provided within the table.
Financial information beyond 2006-07 for the core Home Office and UK Border Agency is not readily available and could only be obtained at disproportionate cost.
The figures quoted do not take into account employer national insurance savings made for the Home Office through the salary sacrifice scheme. These savings offset the Home Office salary sacrifice expenditure.
Within the requested period the Home Office has stopped providing an in-house nursery in Croydon (which ceased in 2007) and a holiday play scheme in Croydon (which ceased in 2010) on the grounds of falling usage and cost. The Home Office continues to conduct regular reviews to ensure that childcare provisions provide value for money.
Home Office and United Kingdom Border Agency
| Table 1. Home Office spend for periods 2006-11 | |
| Year | Home Office spend (£) |
| Table 2. Home Office spend by agency | |||||
| Spend on childcare provision (£) | |||||
| Core Home Office | UK Border Agency | Criminal Records Bureau | Identity and Passport Service | Total | |
| Year | |||||
Greece: Financial Support
Question
Asked by Lord Kennedy of Southwark
To ask Her Majesty's Government whether they have made an assessment of the implications for the United Kingdom economy of the Greek economy defaulting.[HL16334]
The Commercial Secretary to the Treasury (Lord Sassoon): The Chancellor of the Exchequer has welcomed the progress represented by a second package of assistance for Greece that includes private sector agreement to significant write-downs on the face-value of Greek sovereign debt. Greece now has to implement the package of reform to which measures it has agreed. Resolution of the Greek situation is only one part of resolving the overall challenges facing the euro area.
The Government set out in the Autumn Statement that a disorderly outcome to the euro area crisis poses a significant downside risk to the UK. The Office for Budget Responsibility's Economic and Fiscal Outlook published in November 2011 sets out the potential channels through which an intensification of the euro area crisis could affect the economy.
The Chancellor said in his Statement to the House of Commons in October 2011 that "the decisive resolution of the euro area crisis would provide the single biggest boost to the British economy".
Israel and Palestine
Questions
To ask Her Majesty's Government whether they will make representations to the Government of Israel concerning restitution to Ahmad al Ashqar, whose grocery shop in Beit Lahiya was destroyed by a missile strike on 2 February, in the mistaken belief it was a munitions storage facility, as reported by the Palestinian Centre for Human Rights. [HL16402]
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Our officials monitor the situation in Gaza closely. Our lobbying of the Israeli Government focuses on the most urgent issues including those which pose the greatest threat to a two-state solution, to the continuation of the peace process or to the lives of ordinary Palestinians. This specific issue has not been raised with the Israeli authorities.
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We continue to call on all parties to respect their responsibilities under International Humanitarian Law and for Israel to respect its obligations as the occupying power.
To ask Her Majesty's Government whether they will make representations to the Government of Israel concerning extra-judicial assassinations and their relationship to rocket attacks.[HL16403]
Lord Howell of Guildford: We remain concerned about continued indiscriminate rocket attacks by Palestinian militant groups on Israel, as well as air-strikes and other attacks by the Israeli military on Gaza. We raise these concerns with the Israeli Government, Palestinian authorities and other parties as appropriate.
Our officials are continuing to monitor the situation closely and to make representations as appropriate.
Libya
Questions
Asked by Lord Alton of Liverpool
To ask Her Majesty's Government what action they are taking to restore the desecrated Commonwealth War Graves cemetery in Benghazi; what information they have regarding those responsible; and what is their assessment of the efforts being made to bring those who were responsible to justice. [HL16149]
The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): Officials from our embassy in Tripoli immediately visited the sites and raised this issue with the Libyan Ministry of Foreign Affairs and the Benghazi chief of police, making clear our outrage, the need to provide security to the sites and conduct thorough investigations into the attacks. The Secretary of State for Foreign and Commonwealth Affairs, my right honourable friend the Member for Richmond (Yorks) (Mr Hague) made clear our concern to the Libyan Foreign Minister in New York on 12 March. Our ambassador also raised our concerns with the Deputy Foreign Minister, the Minister of Interior and the offices of National Transitional Council Chairman Abdul Jalil and Prime Minister al-Kib. The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Mr Burt) raised this again with the Deputy Foreign Minister Abdul Aziz on 15 March and stressed the importance of a thorough investigation.
In response to these incidents, Foreign Minister Khayyal and Chairman Abdul-Jalil made statements condemning the attacks, and the Transitional Government published a statement, describing the damage as "unethical, irresponsible and criminal" and making clear that the Libyan Government "severely denounces such shameful acts and vows to find and prosecute the perpetrators according to Libyan Law". The Libyan authorities have instructed the police to make regular patrols and station police outside the cemeteries to ensure no further attacks occur. On the 15th March
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We understand that four people have been questioned about the attacks, but that no charges have been brought at this time. We will continue to press the Libyan authorities on the importance of a thorough investigation to bring the perpetrators to justice.
We are in close contact with the Commonwealth War Graves Commission (CWGC) who have confirmed that they will fully restore all the headstones and the Cross of Remembrance which have been damaged. In the interim period, temporary markers will be placed on the graves. The Libyan authorities have publicly confirmed that Libya is committed to restoring the damage in co-operation with CWGC.
To ask Her Majesty's Government why they did not publicly condemn the desecration of Benghazi War Cemetery and the Commonwealth War Graves Benghazi British Military Cemetery which occurred on 24 and 26 February respectively until 4 March, given that the first attack had been reported in the British press on 25 February.[HL16174]
Lord Howell of Guildford: The Government condemn the desecration of the Commonwealth War Graves Commission Cemetery and the Benghazi Military Cemetery. Officials from our embassy immediately visited the sites on 25 February and raised this issue with the Libyan Ministry of Foreign Affairs and the Benghazi Chief of Police, making clear our outrage, the need to provide security to the sites and conduct thorough investigations into the attacks. The Secretary of State for Foreign and Commonwealth Affairs, my right honourable friend the Member for Richmond (Yorks) (Mr Hague) made clear our concern to the Libyan Foreign Minister in New York on 12 March. Our Ambassador also raised our concerns with the Deputy Foreign Minister, the Minister of Interior and the offices of National Transitional Council Chairman Abdul Jalil and Prime Minister al-Kib. In response to these incidents, Foreign Minister Khayyal and Chairman Abdul-Jalil made statements condemning the attacks, and the Transitional Government published a statement on 28 February, describing the damage as "unethical, irresponsible and criminal" and making clear that the Libyan Government "severely denounces such shameful acts and vows to find and prosecute the perpetrators according to Libyan Law". The Libyan authorities have instructed the police to make regular patrols and station police outside the cemeteries to ensure no further attacks occur. We will continue to reiterate to the Libyan authorities the importance of a thorough investigation to bring the perpetrators to justice.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Mr Burt) recently raised this again with the Deputy Foreign Minister Abdul Aziz and stressed the importance of a thorough investigation. He gave further assurances that the Libyan Government shared our views on the attacks and would continue to investigate these crimes.
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National Loan Guarantee Scheme
Question
To ask Her Majesty's Government, further to the Written Answer by Lord Sassoon on 12 March (WA 19), by whom the National Loan Guarantee Scheme will be "independently audited".[HL16422]
The Commercial Secretary to the Treasury (Lord Sassoon): The audit arrangements for the national loan guarantee scheme have not yet been finalised. Decisions will be made consistent with normal government procedure and value for money principles.
Prisons: Chaplains
Question
To ask Her Majesty's Government whether, in the light of changes in the prison population, they will hold a consultation about updating the Prison Act 1952 to reflect modern ideas on the prison chaplaincy.[HL16383]
The Minister of State, Ministry of Justice (Lord McNally): I hope the noble Lord will agree that the Prison Act 1952 has not been a barrier to the development of prison chaplaincy on a multi faith basis, in order to meet the needs of the changes to the prison population. We have no plans currently to hold a consultation about updating the Act in this respect.
Railways: Reform
Question
To ask Her Majesty's Government how the statement in paragraph 4.6 of Reforming our Railways: Putting the Customer First (Cm 8313) that there is an option "to place responsibility for train operations and infrastructure management in an area in the same hands" relates to existing European Union railway legislation.[HL16350]
Earl Attlee: The Command Paper-Reforming our Railways: Putting the Customer First (March 2012)-includes plans for more integrated decision-making on our railways to deliver efficiency benefits, investment and improvements in service quality. This includes a spectrum of options one of which could involve placing responsibility for train operations and infrastructure management in an area in the same hands. This may potentially be appropriate on certain discrete parts of the network.
No proposals for integration will be accepted unless they are compatible with European Union legislation, respect competition and fair procurement principles, and ensure fair access to rail infrastructure for freight and other passenger operators.
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Railways: Revenue
Questions
To ask Her Majesty's Government, further to the Written Answer by Earl Attlee on 13 March (WA 53), in the light of the Department for Transport having the revenue risk for the Greater Anglia franchise, what steps they are taking to ensure that future franchises contain further incentives to reduce ticketless travel.[HL16432]
Earl Attlee: Future franchises are planned to give franchisees a significant degree of revenue risk, especially for revenue which is dependent on the franchisee's own initiatives (rather than macro-economic change). This represents a major change from past risk-sharing mechanisms.
To ask Her Majesty's Government, further to the Written Answer by Earl Attlee on 13 March (WA 53), how much revenue risk a train operator bears when a franchise is in revenue support; and how this figure compares to the costs of employing revenue protection staff.[HL16433]
Earl Attlee: Where a franchise qualifies for revenue support, the operator is entitled to claim up to of 80% of the revenue shortfall against the target revenue set out in the franchise contract. The operator remains on risk for the balance of any shortfall. The Department for Transport does not have details of the costs involved in employing revenue protection staff which are the responsibility of individual train operators and will vary between different companies.
Railways: Rolling Stock
Question
To ask Her Majesty's Government what analysis they have conducted into the impact of the quality of railway rolling stock on regeneration efforts in the north of England; what were the results of their analysis; and what plans they have to improve the rolling stock.[HL16430]
Earl Attlee: There has been no specific analysis of the impact of rolling stock quality on regeneration efforts in the north of England. However, commitments given on electrification will allow additional capacity through the use of longer electric units and the cascade of the existing diesel units which could be used for strengthening other services. TransPennine Express have recently announced the procurement of 10 new Class 350/4 units to operate the Manchester-Scotland route. It will be for the future bidders for the Northern and TransPennine franchises to decide their future rolling stock fleet strategy.
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Railways: Traffic Forecasts
Question
To ask Her Majesty's Government, further to the Written Answer by Earl Attlee on 13 March (WA 54), whether the High Level Output Specification for the period 2014-19 will aim to cater for the forecast traffic levels for 2020.[HL16431]
Earl Attlee: The High Level Output Specification will aim to cater for demand to be met between 2014 and 2019 based on traffic forecasts to 2024 and beyond.
Taxation
Questions
To ask Her Majesty's Government whether they plan to initiate a review of the tax treatment of general partner returns in private equity and leverage buy-out management.[HL16304]
The Commercial Secretary to the Treasury (Lord Sassoon): The Government currently have no plans to initiate a review of the tax treatment of general partner returns in private equity and leverage buy-out management.
To ask Her Majesty's Government whether they plan to review the tax treatment of carried interest in private equity funds and its impact on the deployment of economic resources to publicly and privately-owned businesses.[HL16305]
Lord Sassoon: The Government currently have no plans to review the tax treatment of carried interest in private equity funds.
To ask Her Majesty's Government what is their estimate of the additional tax that would be paid if the income of general partners in private equity currently taxed at the preferred rate applicable to carried interest was taxed at the relevant income tax rate.[HL16306]
Lord Sassoon: Tax legislation does not provide any preferred tax rates for the income of general partners in private equity. Amounts received by such partners are subject to the normal rates of income tax or capital gains tax, depending upon which is appropriate, as determined by tax legislation and case law. No estimate is available of the additional tax that would be paid if relevant income tax rates were applied to all such amounts.
To ask Her Majesty's Government what tests are applied to income to determine whether it qualifies as carried interest; and whether they propose to review those tests.[HL16307]
Lord Sassoon: There are no tests within the tax system to determine whether an amount qualifies as carried interest. However, tax legislation and case law
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To ask Her Majesty's Government what assessment they have made of the economic benefit arising from the application of a favourable rate of tax to the income of partners in the private equity industry.[HL16308]
Lord Sassoon: Tax legislation does not provide a favourable rate of tax for the income of partners in the private equity industry. Amounts received by such partners are subject to the normal rates of income tax or capital gains tax, depending upon which is appropriate, as determined by tax legislation and case law.
No assessment has, therefore, been made of the economic benefit arising from the application of a favourable rate of tax to the income of partners in the private equity industry.
To ask Her Majesty's Government whether they will consider (1) restricting the treatment for tax of the income of general partners in private equity funds to private equity funds based in the European Union, and (2) the withdrawal of this benefit where the private equity fund is legally established in an offshore tax haven.[HL16346]
Lord Sassoon: The Government currently have no plans to consider changes to the tax treatment of income received by general partners in private equity funds, with reference to the jurisdiction where the fund is based.
Transport: Eyesight Tests
Questions
To ask Her Majesty's Government how often a person must have their eyesight tested in order to retain a licence to operate, fly or drive a (1) plane, (2) train, (3) bus, (4) passenger ferry, (5) heavy goods vehicle, (6) motorbike, and (7) car.[HL16415]
Earl Attlee: Commercial pilots must hold a valid joint aviation authorities' class 1 medical certificate to exercise the privileges of their licence. The medical certificate must be revalidated periodically depending on the pilot's age and type of operation undertaken. Eyesight is tested at each revalidation medical examination, either six monthly or annually.
Private pilots who require a class 2 medical certificate must have this revalidated periodically and pilots must also have a medical declaration countersigned by their GP that confirms they satisfy DVLA standards for driving, including the eyesight standard. After its initial issue a medical declaration has to be countersigned every five years from age 45 and annually from age 65.
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Train drivers must meet the visual acuity requirements, including for colour vision, set out in Railway Group Standards and the Rail Industry Approved Code of Practice (RACOP) GO/RC3561 on Staff Suitability and Fitness. The timing of the periodic medical examination to satisfy the RACOP depends on the driver's age at the time of the previous examination, but corresponds to a five year period.
Any applicant for a certificate of competency to work on a ship and anyone working on a seagoing ship must hold an ENG1 seafarer medical certificate. An eyesight examination is required for the ENG1 certificate, which must be renewed every two years.
Bus and lorry drivers must have their eyesight tested at their first licence application and when they renew their licence at age 45, every five years thereafter until age 65 and annually from age 65.
Motorcyclists and car drivers must self-declare that their eyesight meets the minimum standard required for safe driving. This is required at first licence application, at licence renewal, at age 70 and every three years thereafter. The ability to meet the minimum eyesight standard is also checked by the driving examiner as part of the practical driving test.
To ask Her Majesty's Government, in 2008, 2009, 2010 and 2011, how many (1) heavy goods vehicles, (2) buses and (3) other vehicles were involved in collisions with (a) cyclists, and (b) pedestrians; and following each of these types of collisions, how many drivers had their eyes tested immediately following the accident, and of those how many were found to have defective vision, and were prosecuted as a result.[HL16418]
Earl Attlee: The table below shows the number of (1) heavy goods vehicles, (2) buses or coaches and (3) other vehicles involved in reported personal injury road accidents involving (a) pedal cyclists, and (b) pedestrians injured by these vehicles in Great Britain between 2008 and 2010. This is the latest year for which this information is available.
| Vehicles in accidents involving | |||
| Vehicle type | (a) Pedal cycle | (b) Pedestrian, injured by vehicle | |
Information on the number of drivers involved in these accidents who subsequently had their eyesight
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Transport: Heavy Goods Vehicles
Question
To ask Her Majesty's Government what action they are taking to reduce the risk to pedestrians and cyclists from heavy goods vehicles; and whether they are promoting the use of safety schemes such as that undertaken by the Crossrail project. [HL16416]
Earl Attlee: Vehicle construction legislation is adopted at an EU level. European legislation requires most heavy goods vehicles (HGVs) first registered since January 2007 to have improved mirrors and further European legislation requires existing HGVs first registered from January 2000 to be retro-fitted with improved mirrors on the passenger side. This legislation has been implemented in all member states of the European Union and applies to most HGVs used for domestic and foreign trade.
The Department for Transport recently commissioned research with Loughborough University on improving driver vision and this was published in November 2011. The research findings are being used to improve international regulations on mirrors for new vehicles. The reports are available on the Loughborough website at:
https://dspace.lboro.ac.uk/dspace-jspui/
Phase 1 = http://hdl.handle.net/2134/8872
Phase 2 = http://hdl.handle.net/2134/8873
Impact Assessment = http://hdl.handle.net/2134/8874
Furthermore we have recently announced that English councils are now free to use "Trixi" cycle safety mirrors at traffic signal-controlled junctions: to make cyclists more visible to drivers of large vehicles. Previously councils required explicit permission from the department on a case by case basis.
We welcome the use of safety schemes such as that undertaken by the Crossrail project, where all lorries are required to meet specific safety standards. We also welcome other initiatives such as the Freight Transport Association's Cycling Code, which it has produced in collaboration with Transport for London and the London Cycling Campaign, and "Exchanging Places" events; and we encourage local authorities to consider such activities which can improve road sharing.
To ask Her Majesty's Government how many heavy goods vehicles were given an MoT test in 2008, 2009, 2010 and 2011; how many heavy goods vehicles in each year failed their MoT and how old they were; and of those heavy goods vehicles failing, how many (1) were undergoing their first MoT, (2) passed their MoT after initially failing an MoT, and (3) failed on safety grounds such as tyre and brake condition.[HL16417]
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Earl Attlee: The following figures are taken from Vehicle and Operator Services Agency effectiveness report available from: http://www.dft.gov.uk/vosa/publications/ corporatereports/2010-2011reportsuite/corporatereports-2010-2011vosaeffectivenessreport.htm
| Table A1.3 HGV motor vehicle initial test fail rate by age | ||||
| Age | Apr-Feb 2011/12 | 2010-11 | 2009-10 | 2008-09 |
(PRS stands for pass after rectification at station and represents vehicles that fail an initial test for a very minor defect (bulb blown, headlamp aim askew, screws or bolts loose etc) that are easily rectifiable and when repaired on location result in a pass certificate.)
| Table A1.7 Top ten reasons for HGV motor vehicle fails | |||
| Testable Item | 2010-11 | 2009-10 | 2008-09 |
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Note: Vehicles can fail for one or more items so these percentages should not be added to produce a total fail rate for these items.
Young Offenders: Young Women
Question
To ask Her Majesty's Government what is their response to the recommendations made by the All Party Parliamentary Group on Women in the Penal System in the report entitled Keeping Girls Out of the Penal System; and what actions they will now take.[HL16264]
The Minister of State, Ministry of Justice (Lord McNally): The All-Party Parliamentary Group on Women in the Penal System has made three recommendations to Ministers in its briefing paper Keeping Girls Out of the Penal System. In respect of the first recommendation to raise the age of criminal responsibility in England and Wales, the Government have no plans to raise this to 14 years. The Government believe that children are old enough to differentiate between bad behaviour and serious wrong-doing at age 10. However we accept that prosecution is not always the most appropriate response to youth offending and the majority of children under 14 years of age who commit crime will be dealt with informally or with an out of court disposal where interventions can be put in place to tackle offending behaviour and underlying problems.
The briefing paper's second recommendation is that the best interests of the child should be the paramount consideration in all matters concerning girls. The UNCRC requires that the best interests of the child should be a
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It should also be noted that every local authority has a general duty to safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of children by their families.
Finally the briefing paper recommended that children should be kept out of the penal system and all agencies that come into contact with children should be judged on how they are achieving this.
We believe that minor offending by under-18s should be dealt with by using out of court disposals where this is appropriate and proportionate. In the Legal Aid, Sentencing and Punishment of Offenders Bill, currently before Parliament, we are revising the out of court framework for under-18s and doing away with the current warning scheme which forces young people up through the system regardless of the seriousness of their offending.
We are clear that custody should be reserved for those under-18s who commit serious offences or who repeatedly fail to comply with community alternatives. This approach is underpinned in law. Courts are required by statute to consider a youth rehabilitation order with a high intensity requirement as a specified alternative to custody when the custody threshold is reached for an under-18. If they still consider custody is warranted they must explain in open court why a youth rehabilitation order is not appropriate.
In respect of monitoring how young people are kept out of the penal system we compile and publish data on first time entrants to the youth justice system which enables the Government to be judged on how young people are being kept out of the system.
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