29 July 2013 : Column WA243

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Written Answers

Monday 29 July 2013

Agriculture: Genetically Modified Crops

Question

Asked by The Countess of Mar

To ask Her Majesty’s Government what steps they have taken to ensure that evidence regarding the impact on monarch butterflies in the United States of growing herbicide-tolerant genetically modified (GM) crops has been taken into account in their policy on imports of GM animal feed.[HL1245]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): Decisions on imports of GM animal feed are taken at European Union (EU) level and the associated control regime is focused on assessing the impact of proposed GM products in the EU. The Government understands that a decline in monarch butterfly numbers has been observed in the United States but that uncertainties remain over the cause and significance of the observed changes. Further US work on the issue would be expected to help address these uncertainties.

Agriculture: Herbicides

Question

Asked by Lord Pearson of Rannoch

To ask Her Majesty’s Government, further to the Written Answer by Lord De Mauley on 15 July (WA 76), what steps they will take to ensure that Asulox will remain available to control bracken after 31 October 2013.[HL1688]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): Effective bracken control is important and the Government recognises that, in some instances, Asulox is the best tool. Due to the European Commission's decision despite our opposition to remove approval for the active substance, asulam, continuing use for the time being depends on national emergency authorisations issued according to EU rules. These emergency authorisations are time limited. We were able to grant the application made by the Bracken Control Group for emergency authorisation of Asulox for control of bracken in 2013. The Group has announced that work has started on a similar application for use of the product in 2014. That application will be assessed by the Chemicals Regulation Directorate, which will grant the authorisation if use of the product continues to satisfy the relevant safety requirements. For the longer term we understand that the company manufacturing Asulox will resubmit for approval of the active substance later this year.

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Agriculture: Pesticides

Question

Asked by The Countess of Mar

To ask Her Majesty’s Government what measurements they take of glyphosate in water courses and groundwater; and whether the results, if any, are published.[HL1695]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): Glyphosate is not currently included in the Environment Agency's routine monitoring programmes. However, glyphosate is a candidate UK Specific Pollutant under the Water Framework Directive; if glyphosate is designated as a Specific Pollutant in the future, the Environment Agency will undertake appropriate monitoring. In the meantime, if local glyphosate problems have been identified in surface or groundwaters, the Environment Agency will carry out investigative monitoring at a local level.

As part of the UK's programme of work on Specific Pollutants the UK's Technical Advisory Group (UKTAG) has proposed Environmental Quality Standards for this pesticide. It recommends:

Long term exposure, measured as an annual mean: 196 micrograms/l

Short term exposure, measured as a 95-percentile: 398 micrograms/l

European monitoring data shows average glyphosate concentrations of 0.15 micrograms/l were found across a data set from approximately 1000 sites. The Environment Agency anticipates similar exposure levels in the UK, in which case the concentrations would be significantly lower than the levels at which ecological harm would occur.

Air Pollution

Questions

Asked by Lord Berkeley

To ask Her Majesty’s Government what assessment they have made of which ten cities in Europe have the highest concentrations of atmospheric nitrogen dioxide.[HL1883]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): Defra does not undertake its own assessment of the air quality in other European cities. However, the annual publications from the European Environment Agency which provide European wide air quality data, taken from Member States' compliance reports can be found on the European Environment Agency website at: www.eea. europa.eu/publications/air-quality-in-europe-2012. It is difficult to make direct comparisons between cities because the assessment is undertaken in different ways in Member States.

Asked by Lord Berkeley

To ask Her Majesty’s Government what were the pollution-weighted concentrations of PM2.5 particulate matter for the United Kingdom as reported last September to the European Commission for each

29 July 2013 : Column WA245

of 2009, 2010 and 2011; and what is the required reduction in exposure by 2020 under Directive 2008/50/EC.[HL1885]

Lord De Mauley: Article 15 of the Air Quality Directive 2008/50/EC sets targets for the reduction of national exposure to PM2.5. The percentage reduction varies according to concentrations in 2010 (measured by reference to an average exposure indicator for a 3-year period). The concentrations for the UK in 2009-11 were as follows:

• 2009: 13 micrograms m-3;

• 2010: 13 micrograms m-3;

• 2011: 14 micrograms m-3.

Based on this, the UK has a target to reduce national exposure by 15% from 2010 levels by 2020. Member States are required to take all measures not entailing disproportionate costs to meet this target.

Asked by Lord Berkeley

To ask Her Majesty’s Government what were the total emissions from diesel exhaust of regulated pollutants from road transport in tonnes in each of England, Wales, Scotland and Northern Ireland in each of the last three years.[HL1886]

Lord De Mauley: Total emissions data for regulated pollutants from diesel exhaust are estimated in the National Atmospheric Emissions Inventory (see: http://naei.defra.gov.uk). The relevant extracts from the most recent three years for England, Wales, Scotland and Northern Ireland are displayed in the table. 2011 data will be available in September 2013.

Asked by Lord Berkeley

To ask Her Majesty’s Government, in the light of their consultation on the role of local authorities in monitoring and reporting air pollution, to which bodies such functions would be transferred and how they propose that comprehensive and accurate data would be collected and analysed.[HL1888]

Lord De Mauley: The Government published its consultation on options to improve local air quality management on July 12. This seeks views on a number of aims for improving local air quality management and options on how these aims could be delivered. We are interested in all comments and views on how the local air quality delivery can be improved to achieve improvements in air quality and public health. No decisions have been made in advance of the consultation on monitoring, reporting or other matters.

A Government response will be made following close of the consultation.

Banks: Royal Bank of Scotland

Question

Asked by Lord Myners

To ask Her Majesty’s Government whether they will publish the information made available to them in connection with evaluating the case for splitting

29 July 2013 : Column WA246

the Royal Bank of Scotland (RBS) into a “good bank” and “bad bank” to organisations contemplating making a proposal to RBS or to them in respect of their RBS shareholding; and what is their estimate of the length of time they will be considered to be an insider by virtue of access to price sensitive data not available to other investors.[HL1618]

The Commercial Secretary to the Treasury (Lord Deighton): The Government is urgently investigating the case for taking the bad assets out of RBS and setting up a bad bank. This review is being conducted by the Treasury with external professional support. The review will assess whether a bad bank would support the British economy, be in the interests of taxpayers and accelerate the return of RBS to private ownership.

This work will conclude in the Autumn and the Government will provide an update at that time.

HM Government has been supplied with price sensitive information through the bad bank review. However, the Government's shareholdings in RBS are managed on an arm's length, commercial basis by UK Financial Investments.

Businesses: New Businesses

Question

Asked by The Earl of Courtown

To ask Her Majesty’s Government how many new businesses have been created in the United Kingdom since May 2010.[HL1756]

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie): BankSearch reports that between May 2010 and June 2013 1,552,000 new businesses were created in Great Britain. An estimate for the whole of the United Kingdom is not available as BankSearch does not collect data for Northern Ireland.

Caste Discrimination

Questions

Asked by Lord Harries of Pentregarth

To ask Her Majesty’s Government whether they will place in the Library of the House the letter from the Minister commissioning the Equality and Human Rights Commission to undertake research on the provisions of the Enterprise and Regulatory Reform Act 2013 relating to caste discrimination.[HL1502]

Baroness Stowell of Beeston: The Government has had discussions with the Equality and Human Rights Commission about its plans for research into caste and how this research could contribute to the public consultation on the issue.

The Commission has a role as a National Human Rights Institution and regulator of equality law to consider the effectiveness and likely effect of the proposed change of law. It is an independent body and as such sets its own priorities for research without a commission from Government.

29 July 2013 : Column WA247

Asked by Lord Avebury

To ask Her Majesty’s Government, further to the letter by the Minister for Women and Equalities, Helen Grant, to Lord Avebury on 25 June, published on the Dalit Solidarity Network website, what are the exceptions to which she refers regarding the proposed research on caste by the Equality and Human Rights Commission.[HL1523]

Baroness Stowell of Beeston: There are provisions and exceptions within the Equality Act 2010 that apply to aspects of race, such as immigration, that may not be appropriate in relation to caste. These are clearly sensitive issues and before we consult on and seek to define exceptions, we need to know more about how caste fits into the race characteristic within the Act.

Asked by Lord Avebury

To ask Her Majesty’s Government why they consider it necessary to delay their consultation on the definition of caste until after the Equality and Human Rights Commission research has been carried out.[HL1524]

Baroness Stowell of Beeston: The public consultation to be carried out by Government in relation to caste will go wider than simply the definition of caste – as agreed during the recent Parliamentary debates, it needs to be a full and thorough consultation on how legal protections may be implemented in practice, what exceptions may be required and how caste should be introduced into Equality law without the risk of embedding it permanently as a concept in British society.

Among the statutory responsibilities of the Equality and Human Rights Commission is a requirement for it to advise on the effectiveness of equality law. The Commission has already indicated in its Business Plan for 2013-14 that it intends to undertake research into caste issues in this country and make recommendations. The Chair of the Commission has also reiterated this intent in her letter of 9 July to my Noble Friend.

The complexity of caste means that it is important that preparatory work for the public consultation is able to draw on the Equality and Human Rights Commission’s research as a key, independent source.

Asked by Lord Avebury

To ask Her Majesty’s Government whether they will announce the timetable for the research and the consultation on caste in time to allow members of both Houses of Parliament to comment on it before the summer recess.[HL1525]

Baroness Stowell of Beeston: An announcement of the proposed timetable leading up to the introduction of legislation into Parliament has now been made. Details can be found at: https://www.gov.uk/government/ publications/caste-discrimination-legislation-timetable

29 July 2013 : Column WA248

Asked by Lord Avebury

To ask Her Majesty’s Government, further to the letter by the Minister for Women and Equalities, Helen Grant, to Lord Avebury on 25 June, published on the Dalit Solidarity Network website, what are the key points on caste that are disputed by different groups.[HL1526]

Baroness Stowell of Beeston: Key issues on caste which are disputed by different groups include: whether the concept of caste exists within British society; the extent of any caste-based discrimination; whether caste, as it might be defined for the purposes of the Equality Act, exists within particular racial or religious communities; and whether or not the term “descent”, deriving from the UN Convention on the Elimination of Racial Discrimination, is relevant to the nature of what the new legislation should cover.

Asked by Lord Avebury

To ask Her Majesty’s Government, further to the letter by the Minister for Women and Equalities, Helen Grant, to Lord Avebury on 25 June, published on the Dalit Solidarity Network website, what unintended consequences they consider may arise from the provisions on caste contained in the Enterprise and Regulatory Reform Act 2013; and whether they expect to alter the details of those provisions without further legislation.[HL1527]

Baroness Stowell of Beeston: As an example, it is not clear what social structures are covered by the concept of caste. Introducing legislation with an incorrect definition of caste might mean that there are people that the law, inadvertently, does not cover and so we would not be giving full effect to the legal protection that we intend.

We currently have no plans to change the caste provisions within the Enterprise and Regulatory Reform Act 2013 or the amendments made to the Equality Act 2010 as a result of that Act.

Asked by Lord Avebury

To ask Her Majesty’s Government, further to the letter by the Minister for Women and Equalities, Helen Grant, to Lord Avebury on 25 June, published on the Dalit Solidarity Network website, what assessment they have made of the familiarity of employers, public authorities and others with each of the protected characteristics in section 4 of the Equality Act 2010 prior to that legislation being enacted.[HL1528]

Baroness Stowell of Beeston: There was a full public consultation on the Equality Act 2010 before its introduction. Moreover, all of the protected characteristics contained in the Act already had some form of existing legal protection under discrimination law.

Unlike existing protected characteristics, there is no common understanding by organisations such as employers and public authorities of what caste is and how it can be recognised.

29 July 2013 : Column WA249

This is illustrated in the NIESR report on caste discrimination and harassment in Great Britain (2010) which contains several case-studies where someone claiming caste discrimination also claimed that an employer or public authority failed to take action in response to a caste-related incident because it did not understand the nature of the problem.

Asked by Lord Avebury

To ask Her Majesty’s Government what meetings were attended by the Minister for Women and Equalities, Helen Grant, with organisations representing those (1) in favour of, and (2) against, the addition of caste to the list of protected characteristics under the Equality Act 2010.[HL1554]

Baroness Stowell of Beeston: On 6 February 2013 the Minister for Women and Equalities met representatives from the following organisations that are understood by Government to support the introduction of specific caste-based legislation, together with members of this House:

Dalit Solidarity Network

Anti-Caste Discrimination Alliance

Voice of Dalit International

Sri Guru Ravidass Sabha

Castewatch

On 15 and 25 April 2013 the Minister met representatives from the following organisations that are understood by Government to oppose the introduction of caste-based legislation:

15/04/13

Alliance of Hindu Organisations

Anti-Caste Legislation Committee Campaign Group

BAPS Swaminarayan Santhsa

British Hindu Voice

GAKM UK

Hindu Forum of Britain

Hindu Lawyers Association

Sikh Council UK

25/04/13

Alliance of Hindu Organisations

Anti-Caste Legislation Committee Campaign Group

BAPS Swaminarayan Santhsa

British Hindu Voice

Hindu Council UK

Hindu Forum of Britain

GAKM UK

Shree Prajapati Association UK

Sikh Council UK

Climate Change

Questions

Asked by Lord Donoughue

To ask Her Majesty’s Government whether they have conducted an assessment of the prime causes of the warming of the world during 1911–40; and if so, what conclusions they have drawn.[HL1791]

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The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma): The Met Office has conducted studies into the warming of global mean temperatures during the 1911-1940 period1,2,3 as well as later periods, as have other scientific investigators4,5 These studies find evidence that a number of factors combined to cause the observed warming during the 1911-1940 period, including increases in greenhouse concentrations, a paucity of major volcanic eruptions, increasing solar output and natural variability within the climate system, such as changes in ocean circulation.

1

Stott P.A. et al., 2000, External Control of 20th Century Temperature by Natural and Anthropogenic Forcing, Science, 290, 2133-2137.

2

Stott P.A. et al. 2001, Attribution of twentieth century temperature change to natural and anthropogenic causes, Climate Dynamics 17, 1-21.

3

Tett S.F.B. et al., 2002, Estimation of natural and anthropogenic contributions to 20th Century temperature change, 107, 4306.

4

Hegerl, G. C., et al., 2007, Understanding and attributing climate change, in Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, edited by S. Solomon, et al., pp. 663-745.

5

Min, S.-K., and Hense, A., 2006: A Bayesian assessment of climate change using multimodel ensembles. Part I: Global mean surface temperature. Journal of Climate, 19, 3237-3256.

Asked by Lord Donoughue

To ask Her Majesty’s Government, further to the Written Answer by Baroness Verma on 2 July (WA 202–3), whether the Met Office has yet set a date by which, in the event of no further increase in global temperatures, it would conclude that the global warming predicted via its general circulation models has been disproved.[HL1792]

Baroness Verma: My understanding is that no such date has been formally set by the Met Office.

Climate Change: Summit

Question

Asked by Baroness Kinnock of Holyhead

To ask Her Majesty’s Government whether a Treasury minister will attend the United Nations Framework Convention on Climate Change summit in Warsaw in November.[HL1640]

The Commercial Secretary to the Treasury (Lord Deighton): The Department for Energy and Climate Change (DECC) Secretary of State is responsible for representing the UK at the United Nations Framework Convention on Climate Change, Convention of the Parties (UNFCCC COP). Whether it is relevant to send Ministers from other departments will depend on the agenda and invitations, which have not yet been issued.

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Devolved Administrations: Fiscal Powers

Question

Asked by Lord Empey

To ask Her Majesty’s Government, further to the Written Answers by Baroness Randerson on 10 July (WA 59) and Lord Deighton on 15 July (WA 99), whether it is their practice to provide details of discussions and correspondence relating to requests from the devolved administrations for the devolution of fiscal powers.[HL1689]

The Commercial Secretary to the Treasury (Lord Deighton): The Government has nothing further to add to the answers of 10 (WA 59) and 15 (WA 99) July.

Drugs: Orphan Medicines

Question

Asked by Lord Walton of Detchant

To ask Her Majesty’s Government whether they will invite the National Institute for Health and Care Excellence to consider whether eculizumab can be prescribed for NHS patients with haemolytic-uraemic syndrome.[HL1854]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): Soliris (eculizumab) is not licensed for use in the treatment of haemolytic-uraemic syndrome.

We have asked the National Institute for Health and Care Excellence (NICE) to evaluate eculizumab for atypical haemolytic uraemic syndrome (aHUS) under its highly specialised technologies programme.

In the meantime, NHS England is developing an interim policy for funding eculizumab for the treatment of aHUS, which will be in effect until NICE has completed its evaluation. We understand that NHS England is funding eculizumab for any aHUS patients previously funded by their primary care trust to receive the drug, along with newly-diagnosed patients for whom it is clinically appropriate.

Enterprise and Regulatory Reform Act 2013

Question

Asked by Lord Avebury

To ask Her Majesty’s Government why there is no mention in the Business Plan of the Department of Culture, Media and Sport of the work being done towards implementation of section 97 of the Enterprise and Regulatory Reform Act 2013. [HL1620]

Baroness Stowell of Beeston: As stated in the answer I gave my Noble Friend to question HL 432 (Official Report for 25th June 2013, Col WA105), the timetable for the consultation process on caste had not been finalised before the Business Plan for the Department for Culture, Media and Sport was published on 26 June. It would therefore have been impossible for the details of the timetable to have been included in the Business Plan.

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EU: Agreements and Contracts

Question

Asked by Lord Judd

To ask Her Majesty’s Government what assessment they have made of new European Union regulations which require that all agreements and contracts signed by member states with Israel must include a clause excluding West Bank settlements from the terms of those agreements; and what steps they are taking to comply with those regulations when they come into force.[HL1722]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): On 19 July the European Union (EU) published guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards. These guidelines were prepared to implement the commitment made by EU Foreign Ministers in December 2012 to make a distinction in relevant EU agreements and funding programmes between the State of Israel and Israeli settlements in the Occupied Palestinian Territories. The guidelines reiterate the long-held EU position that bilateral agreements with Israel do not cover the territory that came under Israel's administration in June 1967. They are intended to clarify the EU's position in advance of negotiations of agreements with Israel during the forthcoming financial perspective commencing in 2014. The specific provisions of the guidelines will not be implemented before 1 January 2014.

A copy of the guidelines can be found at: http://eeas. europa.eu/delegations/israel/documents/news/20130719_guidelines_on_eligibility_of_israeli_ entities_en.pdf

A document answering frequently asked questions on the guidelines can be found at: http://eeas.europa.eu/delegations/israel/documents/press_corner/20130719_faq_guidelines_eu_grants_en.pdf

EU: Funding

Question

Asked by Lord Kilclooney

To ask Her Majesty’s Government whether the European Union has decided to ban European Union funding for Israeli enterprises in the West Bank, East Jerusalem and the Golan Heights; if so, whether the United Kingdom will comply with such a ban; and when the law will be implemented.[HL1774]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): On 19 July the European Union (EU) published guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards. These guidelines were prepared to implement the commitment made by EU Foreign Ministers in December 2012 to make a distinction in relevant EU

29 July 2013 : Column WA253

agreements and funding programmes between the State of Israel and Israeli settlements in the Occupied Palestinian Territories. The guidelines reiterate the long-held EU position that bilateral agreements with Israel do not cover the territory that came under Israel's administration in June 1967. They are intended to clarify the EU's position in advance of negotiations of agreements with Israel during the forthcoming financial perspective commencing in 2014. The specific provisions of the guidelines will not be implemented before 1 January 2014.

A copy of the guidelines can be found at: http://eeas.europa.eu/delegations/israel/documents/news/20130719_guidelines_on_eligibility_of_israeli_entities_ en.pdf

A document answering frequently asked questions on the guidelines can be found at: http://eeas.europa.eu/delegations/israel/documents/press_corner/20130719_faq_guidelines_eu_grants_en.pdf

Gibraltar

Question

Asked by Lord Kilclooney

To ask Her Majesty’s Government what assessment they have made of any increased risk to lives in British Gibraltar waters in recent months arising from incursions by Spanish military vessels; and what decisions have been made to reduce any such risk to life.[HL1775]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): Our response to unlawful incursions by Spanish State vessels is kept under review and takes into consideration any risks to the safety of individuals on the waters, which is of vital importance. It is rare for such incursions to pose a significant risk to life. However, we were deeply concerned by reports of an incursion in which a Spanish Guardia Civil vessel pursued a jet ski in British Gibraltar Territorial Waters (BGTW) on 23 June. According to eye-witness reports non-lethal shots were fired by the Guardia Civil during this unlawful incursion. This was a serious violation of British sovereignty and endangered the safety of Gibraltarians. We have protested to the Government of Spain in the strongest terms and have made clear that such behaviour must not be repeated.

Government Departments: Offices

Question

Asked by Lord Myners

To ask Her Majesty’s Government whether any Ministerial offices have been redesigned or redecorated by professional designers or decorators during the first six months of 2013; whether such designers or decorators or their artisans, craftspeople and other employees and contractors were allowed access to Government property and whether they were security vetted by the intelligence services or others; whether works of art, carpets and furniture installed was similarly security vetted; whether they have insured or carry risk on such works of art, carpets and furniture or have explicitly established ownership;

29 July 2013 : Column WA254

whether they have explicitly required owners to confirm personal or trust fund ownership and legal liability for such furniture; and whether photographs of such work and items can be placed on the websites of relevant Departments.[HL1617]

Lord Wallace of Saltaire: This information is not held centrally. No Ministerial offices in which Cabinet Office Ministers are accommodated have been redesigned or redecorated by professional decorators during the first six months of 2013. Contractors given unescorted access to Cabinet Office premises are required to hold current security clearances.

Health: Crohn's Disease

Question

Asked by The Countess of Mar

To ask Her Majesty’s Government what is the incidence of juvenile onset Crohn’s disease in the United Kingdom for each of the last 10 years. [HL1697]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Department does not hold data on the number of diagnoses made for juvenile onset Crohn's disease. The following table contains a count of finished admission episodes (FAEs) with a primary diagnosis of Crohn's disease, where the patient was 18 years old or younger, for the years 2002-03 to 2011-12.

YearCount of FAEs with a primary diagnosis of Crohn's disease where the patient was 18 years old or under for 2002-03 to 2011-12

2002-03

2,085

2003-04

2,491

2004-05

3,006

2005-06

3,537

2006-07

4,035

2007-08

4,948

2008-09

5,933

2009-10

6,037

2010-11

6,285

2011-12

7,123

The count of FAEs refers to the number of admission episodes where a person was cared for in hospital with a primary diagnosis of Crohn's disease and not a count of people diagnosed with this condition. Patients who are treated in an outpatient, Accident & Emergency or primary care setting have not been included.

Health: Leg Clubs

Question

Asked by Baroness Masham of Ilton

To ask Her Majesty’s Government what discussions they have had with health authorities in East Lincolnshire regarding the provision for patients in that area of Lindsay Leg Club Services.[HL1642]

29 July 2013 : Column WA255

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): There have been no meetings between the Department and health organisations in East Lincolnshire about the provision of services by the Lindsay Leg Club.

The provision of local health services is a matter for the local National Health Service.

Healthcare: Costs

Questions

Asked by Lord Laird

To ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 19 June (WA 52–3), whether they intend to review the United Kingdom's annual average pensioner healthcare cost used for charging between European Union countries of £4,054.40; whether they take into account the amount charged by the Republic of Ireland in setting the UK charge; what is the proposed new Irish average cost rate; and whether its operation requires review of previous UK payments.[HL1662]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The United Kingdom's average pensioner healthcare costs are reviewed annually. The UK average costs are calculated annually, in accordance with European Union legislation, using the costs of providing healthcare in the UK. They do not take account of average costs in other countries.

Each Member State's calculated costs are subject to independent verification by a rapporteur, who is appointed by the European Commission. The latest proposed pensioner average healthcare cost for Ireland, for 2008, is €8,902.69. Amounts outstanding for payment by UK will be reviewed once the Republic of Ireland's average costs are published for any relevant year.

Asked by Lord Laird

To ask Her Majesty’s Government whether the five per cent discount mentioned on page 48 of their consultation document Sustaining services, ensuring fairness would apply to payments to Ireland in the event that the United Kingdom drops elective treatment charges for UK pensioners returning to the United Kingdom for a visit.[HL1663]

Earl Howe: In accordance with European Union regulation 883/2004, if a member state agrees to cover the elective healthcare costs of its returning pensioners, it is entitled to a five per cent discount on the average healthcare costs it is charged by the pensioners' country of residence.

Housing: Mortgages

Question

Asked by Lord Myners

To ask Her Majesty’s Government what assessment they have made of the market in residential first mortgages; whether they have identified evidence of market failure; and, if so, what is the nature of any such market failure and what actions are being taken.[HL1712]

29 July 2013 : Column WA256

The Commercial Secretary to the Treasury (Lord Deighton): HM Treasury sets the legal framework for the regulation of the mortgage market. The independent Financial Conduct Authority (FCA) regulates the vast majority of residential mortgage lending. The FCA decides how to use its powers in line with its statutory objectives and duties, which include securing an appropriate degree of protection for consumers. More information on the FCA and their rules can be found on its website1.

The Government has also taken specific action in the residential mortgage market over recent years. Since the financial crisis, there has been uncertainty across the housing market. This uncertainty has extended to households, lenders, builders and investors. Housing transactions remain close to half their long-run average, equivalent to houses selling almost once every 25 years.

At Budget 2013, HM Treasury announced. ‘Help to Buy', a package of measures to support a stable housing market that offers choice and flexibility and meets the needs of those who are willing to buy and can afford a mortgage.

The Government has also taken action to address the impact of the financial crisis on lending across the economy through the Funding for Lending Scheme (FLS), which was launched in July 2012 and extended in April 2013. The FLS creates strong incentives for banks to increase lending to UK households and businesses by lowering interest rates and increasing access to credit.

1

http://www.fca.org.uk/

Israel and Palestine

Questions

Asked by Baroness Tonge

To ask Her Majesty’s Government what representations they have made to the government of Israel concerning its removal of a passport from Palestinian head teacher Mazen Salahuddin on 23 June, and the consequent delay to his students’ trip to the United Kingdom.[HL1669]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): I regret that the Palestinian students' scheduled visit to the UK has not taken place. I have asked our officials in Tel Aviv and Jerusalem to look into the details of this case.

Asked by Baroness Tonge

To ask Her Majesty’s Government what assessment they have made of the number of East Jerusalem Palestinians who have had their residency rights revoked since 1967.[HL1671]

Baroness Warsi: According to figures supplied by the Israeli Ministry of Interior to the Israeli Centre for the Defence of Individual, HaMoked, Israel has revoked the status of 14,203 Palestinians from East Jerusalem between 1967 and 2012. According to the same figures, in 2012 Israel revoked the residency of 116 East Jerusalem Palestinians, including 64 women and 29 minors, whilst reinstating the residency status of 32 Palestinians.

29 July 2013 : Column WA257

The UK considers East Jerusalem as Occupied Territory. The Government views any attempts by Israel to alter the character or demography of East Jerusalem as unacceptable and harmful to the peace process.

Lynton Crosby

Question

Asked by Baroness Hayter of Kentish Town

To ask Her Majesty’s Government whether they have issued a security pass to Downing Street to Mr Lynton Crosby; and whether they have sponsored a parliamentary pass for him.[HL1676]

Lord Wallace of Saltaire: As the Prime Minister said in his reply to the honourable member for West Bromwich East in the other place (official report 16 May column 332w) Mr Lynton Crosby is not employed by the Government. He does not have an office in No. 10 Downing Street, a Government e-mail address or a security pass to any Government building.

The Government has not sponsored a Parliamentary pass for Mr Crosby

NHS England: Mandate

Question

Asked by Baroness Greengross

To ask Her Majesty’s Government whether they have plans to include measures relating to bowel management in the next Mandate to NHS England; and, if so, what those measures are.[HL1691]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Government's Mandate to NHS England sets out the ambitions for the health service for the next two years, which includes an objective to make measurable progress towards making the National Health Service among the best in Europe at supporting people with ongoing health problems to live healthily and independently, with much better control over the care they receive. This includes people with bowel and bladder illnesses.

It is for NHS England to determine how it seeks to achieve the objectives set out in the Mandate; the Government will hold it to account for the outcomes it achieves, including in relation to long-term conditions such as bowel and bladder illnesses.

Recently, we launched a consultation on refreshing the Mandate to NHS England to ensure it remains relevant and up to date. In this consultation we propose taking forward all existing objectives and adding one new objective relating to the report of the Mid Staffordshire NHS Foundation Trust Public Inquiry. We welcome views on our approach to the refresh of the Mandate.

More information about this consultation can be found at:

www.gov.uk/government/consultations/refreshing-the-nhs-mandate

29 July 2013 : Column WA258

NHS: Keogh Review

Question

Asked by Baroness Armstrong of Hill Top

To ask Her Majesty’s Government whether they briefed the Sunday Telegraph on the content of Sir Bruce Keogh's report for their edition on 14 July; and, if so, who did so.[HL1767]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Department did not receive Sir Bruce Keogh's report until 15 July. I made an oral statement on its contents on 16 July 2013, Official Report, columns 652-655.

NHS: Migrant Access and Charges

Question

Asked by Lord Laird

To ask Her Majesty’s Government whether their consultation document Sustaining services, ensuring fairness on charging migrants to the United Kingdom for healthcare would affect those non-European Union nationals working for companies currently exempt by virtue of Intra-Company Transfer status from paying employee or employer national insurance contributions and from paying National Health Service charges.[HL1665]

The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Government's consultation, Sustaining services, ensuring fairness is coordinated with a second consultation, Controlling Immigration—Regulating Migrant Access to Health Services in the UK. The latter consultation seeks views on a proposal that all those who are coming to the United Kingdom for more than six months from outside of the European Economic Area be required either to pay a health levy or hold mandatory health insurance. The consultation also seeks views on whether there should be any exceptions to this requirement.

Both consultations have already been placed in the Library.

Political Parties

Question

Asked by Lord Myners

To ask Her Majesty’s Government whether they plan to require public company shareholders to contract-in in respect of donations to political parties made by such companies.[HL1619]

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie): Companies are already required to seek the approval of their shareholders before making political donations that exceed £5000 in a 12 month period.

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Under section 366 of the Companies Act 2006 a company may not make a donation to a political party unless that donation is approved by a resolution of the members of that company.

Prudential Regulation Authority

Question

Asked by Baroness Noakes

To ask Her Majesty’s Government whether the Prudential Regulation Authority has appointed a Practitioner Panel in accordance with section 2M of the Financial Services and Markets Act 2000; and, if so, who are the members and chairman of the Panel.[HL1707]

The Commercial Secretary to the Treasury (Lord Deighton): Appointments to the Prudential Regulation Authority (PRA) Practitioner Panel are made by the PRA. This question has therefore been passed on to the PRA who will reply to the Noble Baroness directly. A copy of the response will be placed in the Library of the House.

Somaliland, Puntland and Somalia

Questions

Asked by Lord Boateng

To ask Her Majesty’s Government what steps they are taking to ensure that guidance is given to clearing banks in order to safeguard the continued availability of legitimate channels for remittances to (1) Somaliland, (2) Puntland, and (3) Somalia.[HL1654]

To ask Her Majesty’s Government what advice they have given to the major clearing banks on the impact of regulation on their provision of banking facilities to money service businesses as they affect (1) Somaliland, (2) Puntland, and (3) Somalia. [HL1655]

To ask Her Majesty’s Government what representations they have received about the interpretation by Barclay's Bank of their responsibilities to counter money laundering and terrorist financing insofar as that affects the provision of banking facilities for businesses operating in (1) Somaliland, (2) Puntland, and (3) Somalia.[HL1657]

The Commercial Secretary to the Treasury (Lord Deighton): In line with global standards and EU requirements, regulated firms in the UK, including banks and Money Service Businesses (MSBs), must have systems and controls in place to know their customer and adequately protect themselves from money laundering and terrorist financing. It is a decision for each firm how it implements the regulations and ensures it is compliant. Firms and regulators are expected to take a risk-based approach to ensure the measures they take are effective and proportionate. Extensive industry guidance is available to firms on this, which the Government gives legal weight to through approval from Treasury Ministers. The Financial Conduct Authority has responsibility for providing advice to banks on how to comply with their regulatory obligations.

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The Government does, however, maintain a close dialogue with banks on a range of issues which includes the impact on legitimate remittance channels.

The Government has received a number of representations expressing concern about the effect the recent decision taken by Barclays may have on the remittance sector, including those businesses with operate in, or for the benefit of Somalia. Representations have come from, for example, Members of both Houses, affected businesses, trade associations and aid agencies. The Economic Secretary, Sajid Javid MP, responded to a Westminster Hall debate on 17 July, which covered the broader issue of the provision of money-transfer accounts services by banks to ethnic minority communities, at which Somalia and Somaliland was also discussed.

The Department for International Development has commissioned an urgent impact assessment of the effect of recent changes in the MSB market on remittances to developing countries. This will include Somalia and Somaliland.

Taxation: PAYE

Question

Asked by The Earl of Courtown

To ask Her Majesty’s Government what plans they have to recover the £953 million in PAYE tax forgone between 2003–04 and 2009–10, as reported in the National Audit Office's report on HM Revenue and Customs 2012–13 accounts.[HL1700]

The Commercial Secretary to the Treasury (Lord Deighton): As stated at paragraph 2.8 of the Report by the Comptroller and Auditor General on the HM Revenue and Customs 2012-13 accounts1, the figure of £953 million is HMRC's best estimate of tax foregone during its programme to stabilise PAYE following the introduction of the National Insurance and PAYE Service. There are no plans to recover this notional sum.

http://vvww.nao.org.uk/wp-content/uploads/2013/07/10174-001_HMRC_Standard-report.pdf

Taxation: Stamp Duty Land Tax

Question

Asked by Lord Oakeshott of Seagrove Bay

To ask Her Majesty’s Government whether the Duchy of Cornwall is exempt from Stamp Duty Land Tax on property purchases; if so, why; and, if not, how much Stamp Duty Land Tax was charged to the Duchy of Cornwall in respect of property purchases in each of the last five years.[HL1703]

The Commercial Secretary to the Treasury (Lord Deighton): The Crown is expressly brought into the scope of stamp duty land tax and so, the Duchy of Cornwall is not exempt from stamp duty land tax on property purchases. As such, all payments due will have been made in accordance with the law.

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The detailed tax affairs of the Duke of Cornwall in regards to the Duchy estate are confidential in the same way as those of other taxpayers.

Terrorism

Question

Asked by Lord Roberts of Llandudno

To ask Her Majesty’s Government how many (1) control orders, and (2) terrorism prevention and investigation measures, were, and have been, issued on the basis of closed evidence to (a) British and (b) non-British citizens; and of those, how many (1) orders and (2) notices (a) were extended, (b) were revoked, (c) expired, (d) were revived, (e) were varied, (f) were sought to be varied but permission was refused and (g) currently remain in force. [HL1616]

The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): The cases of all 52 individuals who were subject to control orders and 10 individuals who are or have been subject to Terrorism Prevention and Investigation Measures (TPIMs) notices have relied upon closed evidence in addition to an

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open national security case. 24 of the control orders were imposed on British nationals and 28 on non-British nationals. Nine TPIM notices have been imposed on British nationals and one on a non-British national.

The Home Secretary makes a statement to Parliament on the operation of her powers under the Terrorism Prevention and Investigation Measures Act 2011 and, previously, the Prevention of Terrorism Act 2005 on a quarterly basis. For ease of reference, the additional information requested in respect of TPIMs is set out below at Table A (the data is correct as of 31 May 2013 which was the end of the last reporting period).

The quarterly statements are available in the House Library. Year on year statistics on the use of the powers are also provided in the annual reports produced by the statutory independent reviewer of the TPIM Act 2001 and, before it was repealed, the Prevention of Terrorism Act 2005. The annual reports are available at:

https://terrorismlegislationreviewer.independent.gov.uk/

The Independent Reviewer's last report on the operation of control orders, published on 26 March 2012, provided a summary table which is replicated at Table B (see page 118 of that report for notes associated with the table).

Table A
British nationalsNon-British nationals

a) TPIM notices extended

7

0

b) TPIM notices revoked

1

1

c) TPIM notices expired

2

0

d) TPIM notices revived

2

0

e) Variations made

108

2

f) Variation requests refused

60

1

g) TPIM notices in force

8

0

Table B
Q1 Dec-Mar 2011Q2 Mar-Jun 2011Q3 June-Sep 2011Q4 Sep-Dec 2011TOTAL

Served

2

3

0

0

5

Renewed

2

2

2

2

8

Revoked

0

1

1

2

4

Modifications granted

53

60

76

76

265

Modifications refused

21

25

22

19

87

Section 10(1) appeals

0

3

2

2

7

Section 10(3) appeals

2

2

0

1

5

Charged

0

0

3

2

5

Convicted

0

0

0

0

0