Written Answers
Monday 18 March 2013
Asil Nadir
Questions
Asked by Lord Maginnis of Drumglass
To ask Her Majesty’s Government how many documents were subject to public interest immunity certificates during the trial of Asil Nadir.[HL5942]
To ask Her Majesty’s Government whether they intend to apply for public interest immunity certificates for the three boxes of documents relating to the Asil Nadir case recently found by the Serious Fraud Office; and, if so, under what legal mechanism. [HL5943]
To ask Her Majesty’s Government whether the public interest immunity certificates issued during the trial of Asil Nadir are still in force; and, if so, for what reason.[HL5944]
The Advocate-General for Scotland (Lord Wallace of Tankerness): It would not be appropriate to comment on any substantive application for public interest immunity or to provide details.
Bank of England
Question
To ask Her Majesty’s Government whether they regard the Bank of England to be adequately capitalised to support its balance sheet and economic function.[HL5890]
The Commercial Secretary to the Treasury (Lord Deighton): HM Treasury is the Bank of England's sole shareholder and stands behind the Bank in the operation of all its functions. Where necessary, for special operations, HM Treasury has provided an indemnity to the Bank of England.
Banking
Question
To ask Her Majesty’s Government whether they regard the United Kingdom banking system to be adequately capitalised to support economic recovery. [HL5891]
The Commercial Secretary to the Treasury (Lord Deighton): The Government are creating a new Financial Policy Committee (FPC) at the Bank of England, charged with identifying, monitoring and taking action to remove or reduce systemic risks to the stability of the financial system. Subject to this, the FPC must also support the economic policy of the Government, including their objectives for growth and employment.
In the November 2012 Financial Stability Report, the interim FPC recommended,
“that the FSA takes action to ensure that the capital of UK banks and building societies reflects a proper valuation of their assets, a realistic assessment of future conduct costs and prudent calculation of risk weights. Where such action reveals that capital buffers need to be strengthened to absorb losses and sustain credit availability in the event of stress, the FSA should ensure that firms either raise capital or take steps to restructure their business and balance sheets in ways that do not hinder lending to the real economy.”
The committee asked the FSA to report back on actions taken in response to this recommendation in advance of its March 2013 meeting. Further details will be released in the FPC statement from the meeting held on 19 March 2013, which will be published on 27 March 2013.
Banking: Bonuses
Question
Asked by Lord Stoddart of Swindon
To ask Her Majesty’s Government under what Articles of the European Union treaties the new European Union rules restricting bankers’ bonuses are being implemented; and whether there are any plans to introduce such restrictions in other industries or in the public sector.[HL5930]
The Commercial Secretary to the Treasury (Lord Deighton): The Capital Requirements Directive IV proposals on remuneration are based on Article 53(1) of the Treaty on the Functioning of the European Union. There are currently no specific legislative proposals for the introduction of similar measures in other industries or the public sector.
Banks: Iceland
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Deighton on 25 February (WA 191), whether they are still seeking interest from Iceland for the £2.3 billion of compensation paid out to United Kingdom depositors of Landsbanki’s United Kingdom branch in place of the Icelandic Depositors’ and Investors’ Guarantee Fund; if so, at what rate; and what are the current amounts of HM Treasury’s claims in the administration of Landsbanki, Heritable Bank plc and Kaupthing Singer & Friedlander Ltd (KSF).[HL5926]
The Commercial Secretary to the Treasury (Lord Deighton): On 28 January, the Court of the European Free Trade Association (EFTA) ruled that the state of Iceland was not in breach of its legal obligations under EU law in failing to ensure that depositors of Landsbanki received compensation payments under the deposit guarantee scheme directive. In light of the judgment, the UK Government recognise that the state of Iceland does not have a legal obligation to pay interest on the prefinancing of £2.3 billion of compensation paid out to UK depositors of Landsbanki hf’s UK branch.
The ruling itself will have no impact on public spending plans as interest payments from Iceland were not scored in the national accounts. The Government retain a claim in the insolvency proceedings relating to Landsbanki and the Landsbanki winding-up board is currently projecting recoveries of 100% in respect of retail depositors.
Full details of HM Treasury’s claims in the administration of Landsbanki h.f., Heritable Bank Plc and Kaupthing Singer & Friedlander Ltd (KSF) are set out in Sections 30, 31 and 33 of the Treasury Annual Reports Accounts 2011-121. A summary is provided in the following table.
| Institution | Outstanding HM Treasury claims as of March 2012 |
Further details will be published in the Treasury Annual Reports and Accounts 2012-2013 later this year.
1www.hm-treasury.gov.uk/d/hm_annual_report_2012.pdf
Benefits
Questions
To ask Her Majesty’s Government, further to the Written Answer by Lord Deighton on 25 February (WA 192), whether they are aware of any instance of other European Union countries not paying the equivalent of child benefit in respect of children of European Union nationals left behind in their home countries.[HL5924]
To ask Her Majesty’s Government how they ensure that child benefit and child tax credit are not paid to European Union nationals in the United Kingdom who are not paying compulsory United Kingdom national insurance contributions.[HL5925]
The Commercial Secretary to the Treasury (Lord Deighton): While child benefit and child tax credit are designed to help families living in the UK only, the EC social security co-ordinating regulations, EC Regulation 883/2004 and 987/2009, treat both child benefit and the child tax credit as “family benefits”. Under these rules, such benefits are therefore payable to nationals of the European Economic Area (EEA) in respect of members of their family resident in another member state.
The EC regulations are directly applicable to all member states in equal measure. Nationals of other EEA member states who are working in the UK and paying compulsory UK national insurance contributions are entitled to claim UK family benefits in respect of children living in another member state. Similarly, UK nationals working and paying social security contributions in another member state are entitled to that member state’s family benefits in respect of their children resident in the UK.
The Government are not aware of any instance of other EEA member states not applying these rules. All claims for child benefit and child tax credit made under the EU social security co-ordinating regulations are subject to a wide range of checks on entitlement and an annual review. These checks include confirmation that a claimant is paying national insurance contributions. If national insurance contributions are not being paid, the claim will fall for disallowance.
To ask Her Majesty’s Government, further to the Written Answer by Lord Freud on 25 February (WA 192), whether they will take steps to require an individual to have paid national insurance contributions for a certain time before they can be considered to be self-employed for habitually resident housing benefit purposes.[HL5967]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): In the Social Security Tribunal decision that gives rise to this question, the judge made clear that there are two parts to the test of whether an individual is self-employed. The first part is whether the activity can be counted as self-employment. The second part is to establish whether or not the work is “genuine and effective”. This test takes into account factors such as the period of the employment, the number of hours worked, the level of remuneration, and whether the work was regular or erratic.
The Government believe this test provides sufficient safeguards and that an additional test related to the payment of national insurance contributions is unnecessary.
Building Regulations
Question
Asked by Lord Hunt of Chesterton
To ask Her Majesty’s Government, in the light of the Green Deal, whether they have any plans to amend the building regulations relating to ventilation, in order to minimise structural damage within internally insulated solid walls and to ensure a healthy level of indoor air quality.[HL6203]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham): The Government have no plans to amend the building regulations or associated statutory guidance relating to ventilation in the light of the Green Deal.
Requirements for protecting the building fabric against condensation and for providing adequate ventilation for people are set out in Part C (Site preparation and resistance to contaminants and moisture) and Part F (Ventilation) of the Building Regulations 2010. Guidance on ways of meeting these requirements is given in Approved Documents C and F. We have no evidence that the current guidance is inadequate.
Burma
Question
To ask Her Majesty’s Government what meetings Ministers have held with British companies in which Burma was discussed.[HL6151]
The Minister of State, Department for Business, Innovation and Skills & Foreign and Commonwealth Office (Lord Green of Hurstpierpoint): Since the suspension of EU sanctions in April 2012, the British Government have made a commitment to promoting responsible trade and investment in support of Burma’s democratic reform process.
UK Trade and Investment (UKTI) organised two trade missions to the market in 2012. The July multi-sector mission was led by Lord Marland and my right honourable friend the Minister of State (South-East Asia/Far East, India and Nepal, Latin America, Falklands, Australasia and Pacific, Commonwealth) led a delegation of UK power companies in December.
My right honourable friend the Minister of State, Department for International Development and my right honourable friend the Minister of State (South-East Asia/Far East, India and Nepal, Latin America, Falklands, Australasia and Pacific, Commonwealth) attended the November Wilton Park conference, “Burma/Myanmar, Business and Human Rights: Setting Standards for Responsible Business”, at which a number of British and international company representatives were present. They welcomed the Minister for the President’s Office to the UK and discussed the benefits that responsible investment can bring to Burma.
Where companies have expressed interest in Burma Ministers have been able to refer them to the UKTI office which opened in Rangoon in July 2012 and which offers practical support and advice to British companies interested in investing in the country.
Carbon Credits
Question
Asked by Lord St John of Bletso
To ask Her Majesty’s Government what steps they are taking to revive the compliance and voluntary carbon credit market.[HL6066]
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma): The Government are supporting top-down regulatory steps to strengthen the EU Emissions Trading Scheme by addressing the surplus and low allowance price in the system. The UK supports the European Commission’s proposal to “back-load”, or delay, the auctioning of allowances, if linked to longer-term structural reform of the system.
Drugs: Prescribed Drug Addiction
Question
To ask Her Majesty’s Government how they will ensure that after April 2013 the current National Treatment Agency guidelines designed for short-term
users of prescribed benzodiazepines are updated to take account of long-term addiction and gradual withdrawal, as set out in the
Ashton Manual.
[HL5994]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The National Treatment Agency (NTA) does not issue clinical guidelines on drug treatment.
These are published by the department as Drug Misuse and Dependence: UK Guidelines on Clinical Management. Additional advice on the management of benzodiazepine and z-drug withdrawal is provided through the NHS Clinical Knowledge Summaries, which reference the Ashton Manual. This advice will continue to remain available after April 2013.
Education: Sex and Relationship Education
Questions
To ask Her Majesty’s Government what steps they are taking to increase the engagement and inclusion of parents and guardians in children’s sex and relationship education in (1) primary, and (2) secondary, schools.[HL5959]
To ask Her Majesty’s Government how they will ensure that a rigorous and comprehensive education on the transmission, symptoms and impact of HIV/AIDS is provided in all secondary school personal, social, health and economic education lessons.[HL5960]
To ask Her Majesty’s Government what percentage of parents and guardians of children at (1) primary, and (2) secondary, level choose to withdraw their child from sex and relationship education.[HL5961]
The Parliamentary Under-Secretary of State for Schools (Lord Nash): I will answer these questions together.
Governing bodies of maintained schools are required to have an up-to-date sex education policy that sets out the school’s approach. This must be made available to parents who should be consulted on the school’s programme.
The provision of sex education is statutory in maintained secondary schools and is defined as including education about HIV/AIDS and any other sexually transmitted disease. Sexually transmitted infections are also covered as part of the National Curriculum for Science at Key Stage 3. Academies do not have to provide sex education but when they do they have a duty to teach about sexually transmitted infections, including HIV/AIDS.
We do not collect data for the numbers of parents or guardians who choose to withdraw their child from SRE.
Elections: Printing and Postage
Question
To ask Her Majesty’s Government what were (1) the printing and postage costs of freepost election address booklets to each elector in the 2012 London Elections; (2) what were the costs on a per elector basis; and how much in (a) absolute terms and
(b) on a percentage basis, was recouped by charges to the parties and candidates featured in the booklets.[HL6094]
Lord Wallace of Saltaire: In its report to the London Assembly in June 2012, the Office of the Greater London Returning Officer advised that the total cost of providing the freepost election address booklet to each elector for the 2012 London mayoral and assembly elections was £1.46 million. The number of election address booklets distributed was 5.9 million, and the cost per elector was 25.17p.
Seven candidates stood for the office of mayor at the 2012 elections and they each paid the sum of £10,000 to be included in the booklet as specified in legislation. The booklet’s net cost was £1.39 million, and the net cost per elector was 23.97p.
The seven candidates paid a combined total of £70,000 to be included in the booklet and that represents 5% of the total booklet costs (£1.46 million) that were recouped by charges to the parties and their candidates.
Employment: Self-employed Workers
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Deighton on 26 February (WA 284), what considerations would contribute to a decision that selling the Big Issue amounts to a trade; with whom they check that vendors are registered with and operating in accordance with the code of conduct of the Big Issue; whether that is done on every occasion that a vendor seeks to claim self-employment status; and how many such vendors are currently registered as self-employed.[HL5927]
The Commercial Secretary to the Treasury (Lord Deighton): Guidance on the factors to consider in deciding whether a trade exists is published in the HM Revenue & Customs (HMRC) Business Income Manual at BIM20000 onwards.1
For tax purposes, self-employed individuals are required to register with HMRC. At the point when a Big Issue vendor registers for tax purposes, no checks will be made that they are registered with and operating in accordance with the code of conduct of the Big Issue as this does not form part of the self-assessment process. The registration data HMRC holds does not identify Big Issue vendors separately, so no information is available about the number of such vendors currently registered as self-employed.
For benefits purposes, claims submitted by self-employed people in respect of benefits and tax credits undergo an assessment procedure before payments are issued. Claimants are required to provide relevant evidence of their earnings and the level of evidence required will be proportionate to the nature of the work being carried out. The individual may be asked to provide additional evidence in order to demonstrate that they are genuinely self-employed. For a Big Issue vendor, such evidence may include a Big Issue registration certificate. Any information supplied may be verified with a third party, if necessary.
1http:/ww.hmrc.gov.uldmanualsibimmanual/B1M20000.htm
Energy: Plutonium
Question
To ask Her Majesty’s Government under what item in the Department of Energy and Climate Change balance sheet the stocks of plutonium at Sellafield and Dounreay are included; and what was their value in the latest balance sheet.[HL6167]
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma): As of 31 March 2012, the financial liabilities associated with the stocks of plutonium at Sellafield and Dounreay were included within provisions in the Consolidated Statement of Financial Position of the Department of Energy and Climate Change (DECC). The provision includes a figure of £1.7 billion, following review of the likely costs of the preferred policy for management of the plutonium (reuse), and the credible alternatives of near and long-term storage and disposal.
Enterprise Zones
Question
To ask Her Majesty’s Government what was the original expected capital sum to be provided for the 24 high-tech Enterprise Zones; and how much has been allocated to date.[HL6051]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham): The Government did not provide an initial capital sum for the 24 enterprise zones when they were established. Instead, development was incentivised through a combination of business rate relief and local retention of business rate growth, simplified planning and commitment to provide superfast broadband. Enterprise zones in assisted areas are also able to access enhanced capital allowances on plant and machinery.
The Chancellor announced in the last Autumn Statement that the Government would invest £474 million in local infrastructure to support both housing and commercial development. The local infrastructure fund prospectus was published on 25 February, and enterprise zones are invited to bid for the infrastructure required to unlock sites with real growth potential. We have asked for bids by Wednesday 3 April.
Finance: Credit Rating Agencies
Question
To ask Her Majesty’s Government what plans they have to engage with rating agencies other than Moody’s to seek to persuade them not to downgrade the United Kingdom’s credit rating.[HL5889]
The Commercial Secretary to the Treasury (Lord Deighton): The current European credit rating regulation 1060/2009 stipulates that rating agencies monitor and
review credit ratings on an ongoing basis and at least annually. Furthermore, the regulation states that:
“The credit rating agency shall inform the rated entity at least 12 hours before publication of the credit rating and of the principal grounds on which the rating is based in order to give the entity an opportunity to draw attention of the credit rating agency to any factual errors”.
The UK credit rating is an important benchmark for any country, but it is not the only benchmark. Returning the UK to sustainable, balanced economic growth is the Government’s overriding priority. The actions taken to reduce the deficit and rebuild the economy have secured stability, with interest rates near historic lows, benefiting families, businesses and the taxpayer.
Flooding
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord De Mauley on 27 February (WA 323), what are the areas in England where they assess that flooding and standing water presents an annual and continuing problem for farming.[HL6036]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): The Environment Agency has not made an assessment of the areas in England where flooding and standing water present an annual and continuing problem for farming. Research commissioned by Defra and the Environment Agency to improve the understanding at a national level of agricultural flood risk estimated that 29,400 hectares of agricultural land have a one-in-three or greater probability of flooding from rivers or the sea in any one year. This is less than 0.5% of the total agricultural land in England. This figure does not take account of areas that are at risk of surface water flooding.
Gaza
Questions
To ask Her Majesty’s Government what representations they have made to the Government of Israel concerning the number of shootings at civilians and incursions into Gaza during the recent ceasefire.[HL5916]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): We have made clear to Israel our longstanding concerns about the manner in which the Israeli Defence Force (IDF) polices the buffer zone between Israel and Gaza.
In the context of recent cases of Palestinian civilians killed by the IDF in both Gaza and the West Bank, officials from our embassy in Tel Aviv have reiterated our concerns over the IDF’s use of live ammunition with both the Israeli Ministry of Defence and National Security Council. This issue was also raised by the national security adviser, Sir Kim Darroch, in his meetings with the Israeli authorities during his visit on 26-28 February.
To ask Her Majesty’s Government what representations they have made to the Government of Israel about the new travel restrictions on civilians in Gaza.[HL5918]
Baroness Warsi: Officials from our embassy in Tel Aviv raised the issue of Israel closing the Kerem Shalom crossing with the Israeli National Security Council on 27 February. The Kerem Shalom commercial crossing was reopened a few days later.
Habitual Residence Test
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Freud on 27 February (WA 327), what assessment they have made of the operation of the habitual residence test.[HL6144]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): Our monitoring of the habitual residence test confirms that it is successful in its primary purpose of restricting access to benefit for migrants who have little or no connection to the UK and identifying those who do not have an entitlement to benefit.
The figures provided in the Answer are based on manually recorded local data in benefit centres, which have not been validated for accuracy. The Department for Work and Pensions is developing more accurate methods of recording habitual residence test outcomes so that more robust information is available in the future.
Health: Cardiology
Question
Asked by The Lord Bishop of Ripon and Leeds
To ask Her Majesty’s Government whether they will consider retaining and developing children’s heart surgery services in Leeds in the light of the High Court ruling on 7 March regarding the Safe and Sustainable Review.[HL6085]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Safe and Sustainable Review of Children’s Congenital Heart Services was a National Health Service review, independent of government. It is for the Joint Committee of Primary Care Trusts (JCPCTs) and, from 1 April 2013, the NHS Commissioning Board to consider the court’s ruling.
The Secretary of State will also consider the implications of the court’s ruling for the Independent Reconfiguration Panel’s review of the Safe and Sustainable programme and the JCPCT’s decision.
Health: Diabetes
Questions
To ask Her Majesty’s Government what action they are taking to ensure that children with diabetes receive the care and attention they need at schools.[HL6020]
The Parliamentary Under-Secretary of State for Schools (Lord Nash): The Department for Education does not provide specific information to schools in relation to diabetes or any other condition that could affect pupils. However, we fully expect schools to understand and be aware of individual children’s needs. Schools should work closely with parents/carers and have a clear procedure, set out in their health care plan, with which staff are both familiar and comfortable.
To ask Her Majesty’s Government what action they are taking to ensure that parents do not have to provide care at schools for children with diabetes.[HL6021]
Lord Nash: The Department for Education does not provide specific information to schools in relation to diabetes or any other condition that could affect pupils. We would expect schools to be working closely with parents/carers and have a clear procedure, set out in their health care plan, with which staff and parents are both familiar and comfortable.
Health: Orthotic Services
Question
Asked by Baroness Thomas of Winchester
To ask Her Majesty’s Government whether highly specialised rare orthotic services will be commissioned by the NHS Commissioning Board.[HL6059]
To ask Her Majesty’s Government what is their definition of a specialised orthotic service.[HL6060]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): Complex orthotic devices or services will be commissioned as part of the associated specialist pathway, including, for example, spinal surgery, orthopaedics and paediatric neurology. The key aspect of a specialised orthotics service is the provision of multidisciplinary assessments to achieve the correct prescription.
Homelessness: Rough Sleepers
Question
To ask Her Majesty’s Government what percentage of rough sleepers in the United Kingdom come from other European Union countries; and whether they operate a policy of returning such nationals to their home countries as incapable of maintaining themselves in the United Kingdom.[HL5968]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham): We would expect anyone coming to this country to be able to support themselves and to return home if they were not able to do so.
In 2011-12, 39% of London's rough sleepers were from the European Union with 28% from central and eastern Europe according to information held by the Greater London Authority on the CHAIN database. Under half of those seen sleeping rough had a UK nationality.
The DCLG does not keep information nationally but local authorities report problems with rough sleeping by non-UK nationals, particularly from central and eastern European countries, in many areas of the country such as Norfolk, Sussex, the east, Manchester, Lincoln, Leicester, Exeter and Leeds.
We are providing £470 million to local authorities and the voluntary sector over the current Spending Review to tackle and prevent homelessness. This funding may be used by local authorities for reconnection services to help pay for destitute non-UK nationals to return home mainly to central and eastern European countries. The Greater London Authority funds a London-wide service.
We expect local reconnection protocols for those central and eastern European nationals who refuse to return home voluntarily to be closely linked to UKBA enforcement activity. This group lay themselves open to administrative removal if they have been here between three months and five years and are not exercising their treaty rights (relevant factors include not looking for work, continuing to drink on the streets and engaging in petty crime or anti-social behaviour).
House of Lords: Leave of Absence
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Wallace of Saltaire on 11 March (WA 25), whether there are any proposals to allow Members of the House of Lords to be exempted from Section 41 of the Constitutional Reform and Governance Act 2010 if they take permanent leave of absence and do not attend the House of Lords thereafter; and, if not, why not.[HL6200]
Lord Wallace of Saltaire: There are no proposals to exempt members of the House of Lords from Section 41 of the Constitutional Reform and Governance Act 2010. Members who take leave of absence do so only for the rest of the Parliament and are still entitled to receive a Writ of Summons to attend the new Parliament. They are therefore a Member of the House of Lords for the purpose of Section 41 of the Act. Retired Members also continue to be treated for the purposes of general law as Members of the House.
House of Lords: Members
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Strathclyde on 8 January (WA 54), what account they take of the availability of accommodation in Parliament when making appointments to the House of Lords.[HL5996]
The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford): Accommodation in Parliament is a matter for the House authorities.
Housing Benefit
Question
To ask Her Majesty’s Government what was the total amount of Discretionary Housing Payments funding allocated to each local authority in the United Kingdom for each of the last three financial years.[HL6018]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): The total amount of discretionary housing payments allocated to each local authority is detailed below:
| Local Authority | 2011/12 | 2012/13 | 2013/14 |