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Written Answers

Wednesday 16 October 2013

Courts: Community Advice and Support Service

Question

Asked by Lord Beecham

To ask Her Majesty’s Government whether they will commission a formal outcome study of the Community Advice and Support Service in the Plymouth, Bodmin and Truro Magistrates’ Courts. [HL2262]

The Minister of State, Ministry of Justice (Lord McNally) (LD): HMCTS have no formal ‘outcome study’ of the Community Advice and Support Service desks (CASS) planned.

Education: Special Educational Needs and Disability

Questions

Asked by Lord Touhig

To ask Her Majesty’s Government how many appeals relating to statements of special educational needs were made to the Health, Education and Social Care Chamber of the First-Tier Tribunal in the last (1) 6 months, (2) 12 months, and (3) 2 years; and how many of those were (a) won by parents, (b) won by local authorities, and (c) withdrawn by parents.[HL2270]

To ask Her Majesty’s Government whether they have any plans to publish data relating to appeals against statements of special educational needs made to the Health, Education and Social Care Chamber of the First-Tier Tribunal in the next (1) 6 months, (2) 12 months, or (3) 2 years.[HL2271]

The Minister of State, Ministry of Justice (Lord McNally) (LD): The Ministry of Justice publishes data on special educational needs and disability appeals as Official Statistics in Tribunals Statistics Quarterly. The overall number of receipts and disposals are published each quarter. The table below shows Receipts and Disposals in the First-tier Tribunal (Special Educational Needs and Disability), FtT SEND, in the six months, 12 months and 24 months to June 2013.

6 months to Jun-1312 months to Jun-1324 months to Jun-13

Receipts

1,960

3,592

7,107

Disposals

1,728

3,555

7,213

In addition a more detailed breakdown of statistics specific to FtT SEND is published with quarter two statistics each year. These include data on the outcomes

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of appeals for the year from September to August to equate as closely as possible with the academic year. The table below shows the total number of appeals registered by the FtT SEND and the outcomes of the appeals for the periods September 2010 - August 2011 and September 2011- August 2012.

Year2010-112011-12

Appeals Registered

3,600

3,600

Cases disposed of

3,900

3,400

Withdrawn

2,000

1,600

Conceded

1,100

990

Decision in favour of appellant

590

560

Decision revised against appellant

90

50

Decision upheld

80

210

The latest data published is to June 2013 and data to September 2013 is due to be published on 12 December 2013. This publication will include annual data for FtT SEND for the period September 2012—August 2013.

Asked by Lord Touhig

To ask Her Majesty’s Government what recent assessment they have made of the percentage of appeals against statements of special educational needs made to the Health, Education and Social Care Chamber of the First-Tier Tribunal which are withdrawn prior to a hearing.[HL2272]

Lord McNally: No formal assessments have taken place regarding the percentage of appeals against statements which are withdrawn prior to a hearing.

The Ministry of Justice record and publish statistical data on the percentage of appeals which are decided, withdrawn or conceded. There are many reasons why appeals are withdrawn and it is possible for appeals to be withdrawn at the hearing as well as in advance. The table below shows data on the number of cases decided, withdrawn and conceded for the period September 2010—August 2011 and September 2011—August 2012.

2010/20112011/2012

Decided

770 (20%)

820 (24%)

Withdrawn

2,000 (51%)

1,600 (47%)

Conceded

1,100 (29%)

990 (29%)

*Data taken from Tribunals Statistics (Quarterly) Quarter 2 2011-12

The administrative teams and the Judiciary are committed to improving performance and the user experience within the First-tier Tribunal (Special Educational Needs and Disability) and have been very proactive in identifying and tackling areas for improvement. They have worked closely with stakeholders over the last two years piloting new approaches with certain Local Authorities to improve the end to end process and reduce the amount of time involved. Parent Groups and representative organisations have been involved in this work.

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Energy: Prices

Questions

Asked by Lord Forsyth of Drumlean

To ask Her Majesty’s Government what plans they have to increase competition in the energy sector; and what is their assessment of the impact of price controls in that sector.[HL2301]

The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma) (Con): Competitive markets are critical to delivering secure low carbon energy supplies in an affordable manner.

There is evidence that this Government's measures to improve competitiveness, for example by extending the exemptions for small suppliers from participation in environmental and social schemes, are already bearing fruit. In 2011 there were no independent suppliers with a customer base greater than 50,000, now there are three independents with over 100,000 customers and a further 7 new companies have entered the market during the last two years.

This Government is putting in place further measures to improve competition:

- Providing legislative backing for Ofgem's reforms to the retail markets that will ensure consumers are on the best tariff for them and have clearer, more personalised, information in order to make more informed choices- Providing legislative backing to Ofgem's reforms to the wholesale electricity markets to improve liquidity, particularly in the forward markets- Developing an offtaker of last resort mechanism to help independent renewable generators develop new projects- Providing support, through EMR, for low carbon technologies in the short to medium term, working towards a long term vision of a competitive market in which technologies are able to participate on a level playing field without direct financial support.

The introduction of price controls would be likely to limit competition and, more importantly, could have a detrimental impact on the investment we need to deliver secure energy supplies.

Asked by Lord Taylor of Warwick

To ask Her Majesty’s Government what assessment they have made of what proportion of customers will be affected by their plans to force energy companies to offer customers the lowest tariff.[HL2540]

Baroness Verma: The Government's clauses in the Energy Bill are backstop powers to ensure that Ofgem's important reforms to the retail domestic energy market are not frustrated or delayed.

These reforms will require suppliers to limit the number of tariffs they offer to four per fuel and to move customers on poor value dead tariffs to the cheapest equivalent tariff, ensuring that all customers are on the cheapest tariff with their supplier that is in line with their preferences.

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Environment: Earthworms

Question

Asked by The Countess of Mar

To ask Her Majesty’s Government what research to assess earthworm populations and diversity in different types of soil and under different types of management for cultivation and pest control in England has been funded by research councils since 2010.[HL2426]

The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): Since 2010, the Natural Environment Research Council (NERC) has funded four research grants involving earth worms. Details of the grants are below and are also available on the NERC website at http://gotw.nerc.ac.uk.

The four applications are very different, however each sets out to inform on the impact of environmental change on the biodiversity and ecological function. The work does not explicitly inform on management for cultivation or pest control.

The Biotechnology and Biological Sciences Research Council (BBSRC) have supported three projects that each included some research into the roles of invertebrates - but not specifically earthworms - in soil processes.

NERC funded research involving earth worms

1. Lead Grant Reference: NE/F001274/1Research Organisation: Cardiff UniversityActual Start Date: 01/04/2008Actual End Date: 31/03/2010Project Title: Sequencing a Soil Sentinel (SeqaWorm)2. Lead Grant Reference: NE/H009973/1Research Organisation: Imperial College LondonActual Start Date: 01/07/2010Actual End Date: 31/12/2013Project Title: Distinguishing pollutant-induced stresses from spatial and temporal environmental heterogeneity - a metabolomic approach to stress ecology3. Lead Grant Reference: NE/I026375/1Research Organisation: Cardiff UniversityActual Start Date: 01/03/2012Actual End Date: 31/08/2015Project Title: Stress in a hot place: Ecogenomics and phylogeography in a pantropical sentinel inhabiting multi-stressor volcanic soils4. Lead Grant Reference: NE/K015338/1Research Organisation: The Natural History MuseumActual Start Date: 23/09/2013Actual End Date: 22/09/2014Project Title: Scaling and thresholds in earthworm abundance and diversity in grassland agricultural systems

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BBSRC funded research involving roles of invertebrates in soil processes

1. Lead Grant Reference: BBS/E/C/00005740Research Organisation: Rothamsted ResearchActual Start Date: 01/04/2008Actual End Date: 31/03/2012Project Title: Developing a systems-based modelling approach to understand and predict consequences of grassland soil managements for atmosphere and water environments2. Lead Grant Reference: BBS/E/C/00004977Research Organisation: Rothamsted ResearchActual Start Date: 01/04/2008Actual End Date: 31/03/2012Project Title: Mechanistic descriptions for organic matter turnover in planted soils3. Lead Grant Reference: BBS/E/C/00005741Research Organisation: Rothamsted ResearchActual Start Date: 01/04/2008Actual End Date: 31/03/2012Project Title: Understanding the role of the soil microbial and invertebrate communities in plant-soil interactions

Framework Convention for the Protection of National Minorities

Question

Asked by Baroness Whitaker

To ask Her Majesty’s Government when they expect to receive the opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities on the United Kingdom Third Report to the Council of Europe under that Framework Convention.[HL2530]

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The Advisory Committee on the Framework Convention for the Protection of National Minorities adopted its opinion on the Third Report of the United Kingdom in June 2011. The opinion, and the Government's response, can be found on the Council of Europe website at:

http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/Table_en.asp#United_Kingdom

Health: HIV/AIDS

Question

Asked by Baroness Scotland of Asthal

To ask Her Majesty’s Government what assessment they have made of the impact of the criminalisation of homosexuality on the prevention and treatment of HIV/AIDS.[HL2498]

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Baroness Northover (LD): DFID’s assessments are drawn from UNAIDS Global Reports, the latest of which reported HIV prevalence rates among men who have sex with men increasing in 2012 from already high-levels, with 76 of 193 countries still criminalizing same-sex relations. We are acutely aware of the substantial barriers that men who have sex with men face in accessing essential services for HIV prevention and treatment due to stigma and discrimination caused by punitive laws. That is why we recently announced new resources to support global and regional networks to improve HIV responses reaching key populations, including men who have sex with men.

Internet: Fraud

Question

Asked by Lord Birt

To ask Her Majesty’s Government what information, if any, they have about the number of prosecutions by foreign authorities mounted in 2012 of perpetrators of online fraud against United Kingdom consumers.[HL2245]

The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The information requested is not held centrally.

National Parks

Question

Asked by Baroness Whitaker

To ask Her Majesty’s Government, further to the comments by the Parliamentary Under-Secretary of State for Communities and Local Government, Nick Boles, on 11 September (HC Deb, col 304 WH), what considerations led to the Minister’s suggestion that the balance between economic development and the protection of the landscape in United Kingdom national parks might not be right; and whether they intend to reduce the current level of protection for national parks.[HL2412]

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The National Planning Policy Framework, published in 2012, makes it clear that great weight should be given to conserving landscape and scenic beauty in national parks, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are also important considerations that should be given great weight in national parks.

A number of concerns were raised with the Parliamentary Under-Secretary for Planning, Nick Boles, during the course of the Westminster Hall debate on date 11 September, Official Report, 297WH, about national parks planning policy. Ministers are clear

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that national parks have - and will continue to have - the highest status of protection in relation to landscape and scenic beauty.

Northern Ireland: Military Covenant

Question

Asked by Lord Empey

To ask Her Majesty’s Government what response they have received from the Northern Ireland Executive about implementing the military covenant in Northern Ireland.[HL2380]

The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): The Ministry of Defence (MOD) is keen to see the Armed Forces Covenant implemented as fully as possible throughout the United Kingdom. Officials from the MOD and the Northern Ireland Office continue to engage with Northern Ireland Executive departmental officials when required to ensure that the needs of Serving personnel, veterans and their families are met.

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Royal Commission on Historical Manuscripts and Public Record Office

Question

Asked by Lord Wills

To ask Her Majesty’s Government whether they possess the terms of the agreement for the merger between the Royal Commission on Historical Manuscripts and the Public Record Office; and, if so, what they are.[HL2040]

Lord Gardiner of Kimble (Con): DCMS does not hold any records setting out the terms of agreement for the Historical Manuscripts Commission and Public Record Office organisational changes in 2003. The Royal Warrant, which is available on the National Archives website, explains that in 2003 an amendment was made with the creation of The National Archives to allow the Keeper of Public Records to become the sole Historical Manuscripts Commissioner: a role held by the Chief Executive of The National Archives.