Written Answers
Tuesday 26 November 2013
Advice Services: Confidentiality
Question
Asked by Lord Bourne of Aberystwyth
To ask Her Majesty’s Government whether there are any circumstances under which they require confidential advice services, such as the Samaritans, to reveal details of telephone calls made to them; if so, what are those circumstances; and whether they have any plans to amend the relevant rules to ensure the confidentiality of such services.[HL3377]
Lord Gardiner of Kimble (Con): The Government does not require confidential advice services to disclose information provided to those services.
Armed Forces: Reserve Forces
Question
To ask Her Majesty’s Government whether they will set out the current Terms of Service which recruits to the Reserve Army are required to accept. [HL3468]
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): The current Territorial Army Terms of Service are laid out in the Territorial Army Regulations 1978 which will be placed in the Library of the House and available at the following web address:
www.army.mod.uk/documents/general/TA_REGS.pdf
The Terms of Service are currently under review to take account of the considerable and significant changes under way as part of the Army 2020 programme.
As on previous occasions when terms of service have been changed, appropriate transitional arrangements will be put in place.
Belfast Agreement
Questions
To ask Her Majesty’s Government what is their response to the suggestion by the Northern Ireland Attorney General that there should be no further prosecutions of persons for terrorist-related crimes committed before the signing of the Belfast Agreement of 1998.[HL3546]
The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD): The Attorney General was not speaking on behalf of Her Majesty's Government when he made his comments. The Government has no plans to introduce an amnesty for Troubles related offences committed before the Belfast Agreement.
To ask Her Majesty’s Government whether they are considering an amnesty for persons who could be convicted of terrorist-related crimes committed before the signing of the Belfast Agreement in 1998. [HL3547]
Baroness Randerson: The Government has no plans to introduce an amnesty for Troubles related offences committed before the Belfast Agreement.
Businesses: Entrepreneurs
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what they are doing to support entrepreneurship opportunities for ethnic minority businesses.[HL3428]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): The Government is working hard to support entrepreneurs, including those from ethnic minority groups. There is a wide range of tools and information for people who want to start or grow a business available on GOV.UK. Through our new BUSINESS IS GREAT campaign we are inspiring small businesses to seek advice and support that could help them grow.
We are also providing start up finance and advice through Start Up Loans. To date, 10,000 loans have been agreed with over £50m lent so far of which 37% were lent to ethnic minority businesses. There is also the New Enterprise Allowance scheme which supports Jobseeker’s Allowance claimants aged 18 and over to start their business. Participants get access to mentors and financial support.
For businesses ready to take it to the next level there is GrowthAccelerator - a £200m programme for up to 26,000 high growth potential businesses, providing them with exactly the expertise, insight and networks they need to achieve sustainable growth.
Through UK Trade & Investment (UKTI) the Government has stepped up its work to encourage significantly more small businesses to export and to seize opportunities in high growth and emerging markets. Over the last year, UKTI has helped over 31,000 small and medium sized businesses to export and break into new high growth markets.
Businesses: Human Rights
Question
Asked by The Lord Bishop of Derby
To ask Her Majesty’s Government what steps are they taking to encourage British businesses to ensure that their business supply chains are free from slavery and the effects of human trafficking. [HL3445]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): The Government expects UK businesses to operate at all times in a way respectful of human rights whether in Britain or overseas. We published in September an Action Plan on Business and Human Rights, which set out our expectations of business and our commitment to working with business to reduce the risk of abuses occurring in supply chains. The plan also affirmed our commitment to implementing the UN Guiding Principles on Business and Human Rights.
Since October listed companies are now required to report on human rights issues where material to an understanding of their business in their annual reports.
We will publish in December a Framework for Action on Corporate Responsibility that will take into account the views of around 150 organisations received over the summer. Supply chain transparency is one of the areas we are considering as part of this work.
Child Development
Question
To ask Her Majesty’s Government what consideration they have given to evidence regarding the role of play in a child’s development, and the value of an extended period of playful learning before the start of formal schooling.[HL3529]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): The Early Years Foundation Stage Framework was revised in 2012 following an independent review led by Dame Clare Tickell. It states that “practitioners must consider the individual needs, interests and stage of development of each child in their care”. They must use this information to plan a challenging and enjoyable experience for each child in all areas of learning and development, implemented through planned, purposeful play and through a mix of adult-led and child-initiated activity.
In addition to the publication of the revised Framework, we have published several research reports on play1 and are working with the Organisation for Economic Co-operation and Development to explore international approaches to early years pedagogy, including play.
1https://www.gov.uk/government/uploads/system/uploads/attachment _data/file/182163/DFE-RR071.pdf
https://www.gov.uk/government/publications/customer-voice-research-play
https://www.gov.uk/government/publications/play-and-outcomes-for-children-and-young-people-literature-review-to-inform-the-national-evaluation-of-play-pathfinders-and-play-builders
Children: Care
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what alternatives to the residential care system are available to help children who have been rescued from chaotic and abusive homes.[HL3556]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): Revised care planning regulations and guidance set out the duties on local authorities for making care plans so that a child or young person is provided with accommodation which meets his or her needs. In addition to residential care there are a range of options that should be considered when choosing the right placement for a child or young person, including placement with family and friends, long term foster care, residence orders and special guardianship orders. The care plan should also set out alternative arrangements for when a placement breaks down.
At 9% of the looked after children population, the percentage of children placed in children’s homes has remained relatively unchanged over the past three years, suggesting that family based placements for looked after children are generally deemed as more appropriate for the vast majority of children.
The latest figures for children looked after by placement are set out in the below table.
Children looked after at 31 March 2013 by placement (England only)
Source: Table A3, Children looked after in England (including adoption and care leavers) year ending 31 March 2013
1. Numbers have been rounded to the nearest 10. Percentages have been rounded to the nearest whole number.
2. Figures exclude children looked after under an agreed series of short term placements.
3. Historical data may differ from older publications. This is mainly due to the implementation of amendments and corrections sent by some local authorities after the publication date of previous materials.
Council Tax
Question
Asked by Baroness Dean of Thornton-le-Fylde
To ask Her Majesty’s Government what assessment they have made of the financial impact on elderly residents in sheltered housing of the Valuation Office Agency’s Council Tax valuation policy in respect of individual bedrooms in non-registered homes; and whether they have any plans to amend the definition of sheltered housing in the Council Tax (Situation and Valuation of Dwellings) Regulations 1992 in order to prevent Council Tax being levied on individual units within such establishments.[HL3432]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): No formal assessment has been made of the Valuation Office Agency's policy, but Ministers are open to representations on the matter.
Criminal Justice: Compensation
Questions
To ask Her Majesty’s Government how many ex gratia payments have been made by the Home Secretary and the Secretary of State for Northern Ireland respectively during each year from 1997 where a person spent time in custody following a conviction or charge resulting from serious default on the part of a member of a police force or some other public authority.[HL3187]
To ask Her Majesty’s Government how much has been paid in ex gratia payments made by the Home Secretary and the Secretary of State for Northern Ireland each year since 1997 where a person spent time in custody following a conviction or charge resulting from serious default on the part of a member of a police force or some other public authority.[HL3188]
To ask Her Majesty’s Government in how many cases each year since 1997 compensation has been paid under the Criminal Justice Act 1988 to a claimant who was wrongfully convicted in England and Wales or in Northern Ireland.[HL3190]
To ask Her Majesty’s Government how much has been paid out under the Criminal Justice Act 1988 by the Home Secretary and by the Secretary of State for Northern Ireland respectively each year since 1997 where a person spent time in custody following a conviction or charge resulting from serious default on the part of a member of a police force or some other public authority.[HL3191]
To ask Her Majesty’s Government how many applications for judicial review have been made each year since 1997 following a refusal by the Home Secretary or the Secretary of State for Northern Ireland to pay compensation for wrongful conviction under the Criminal Justice Act 1988; and what was the outcome of those applications.[HL3192]
The Minister of State, Ministry of Justice (Lord McNally) (LD): Statistics are not available prior to 1999/2000; the table of statistics I have provided addresses the Noble Baroness’s questions (1), (2), (4) and (5)
All applications for compensation following the quashing of convictions are considered under section 133 of the Criminal Justice Act 1988. In England and Wales, the Secretary of State for Justice (formerly the Secretary of State for the Home Department) determines applications under section 133. Since this responsibility was devolved in 2010, the Department of Justice in Northern Ireland determines all applications under section 133 save for certain cases involving sensitive national security information, which are determined by the Secretary of State for Northern Ireland.
Compensation is only payable where a conviction is quashed at an out of time appeal or if a case has been brought to the Court of Appeal by the Criminal Cases Review Commission. This must be on the basis that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice.
We are clarifying the law to create, for the first time, a statutory definition of a miscarriage of justice that is clear and easy to understand. This will bring to an end the current reliance on case law that is open to interpretation and leads to a large number of unsuccessful judicial reviews, which are expensive to taxpayers and can cause great distress to those involved.
(3) With regard to judicial reviews, complete records going back to 1997 have not been kept either for England and Wales or Northern Ireland.
In respect of England and Wales, statistics on judicial reviews only began to be gathered in April 2009 at which point a retrospective analysis was undertaken. We can, therefore, provide data on judicial reviews of unsuccessful applications made under section 133 of the Criminal Justice Act 1988 in England and Wales since 2001. 30 applicants lodged judicial review proceedings. Of these only 1 applicant has so far received a favourable judgment, although 16 of these cases have yet to be finally determined by the Courts.
For Northern Ireland, again complete records showing the information requested have not been maintained. A search of records indicates that for the period 2003-2009 4 applicants lodged judicial review proceedings and 2 were successful in subsequently being granted compensation.
| Total no of Applications Granted | S133(PQ 1) | Ex-gratia (PQ 4) | PAID £M (PQs 2 and 5) | |
i) This information covers awards of Miscarriages of Justice compensation in England and Wales and in Northern Ireland made under either section 133 of the Criminal Justice Act 1988 or the ex gratia scheme (abolished by the Home Secretary in 2006). These figures do not include compensation paid by prosecuting authorities (i.e. the police) for wrongful arrest or unlawful imprisonment.
ii) The award of compensation for a Miscarriage of Justice does not depend on the applicant having spent time in prison, although most applicants will have done so.
iii) There is no correlation between the numbers of people who have been granted eligibility to the two schemes in any one year by the Secretary of State and the amount of compensation paid by the Government in that year. The amount of compensation payable is decided by an Independent Assessor, on the basis of information supplied by the applicant. This process can take some time.
iv) It should be noted that an applicant may receive a number of ‘interim payments’ across a number of years, therefore the amount of compensation paid each year as shown does not correlate with the number of successful applicants.
v) The table above shows that one applicant was found eligible for compensation under the ex gratia scheme in 2010/11, 4 years after
the scheme was abolished. This application had initially been refused, but the decision was reversed following judicial review proceedings.
vi) Upon devolution of responsibility for justice and policing functions to the Department of Justice in Northern Ireland, the responsibility for determining eligibility for compensation transferred from the Northern Ireland Office, except for cases involving sensitive national security information, which the Secretary of State for Northern Ireland considers.
vii) Figures for Northern Ireland are available for 1997/98 and 1998/99 but in view of the absence of figures for England and Wales for the same period they have not been provided within this response.
Democratic Republic of the Congo
Questions
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government whether any new risk categories for returning failed asylum seekers have been drawn up following the recent fact-finding mission to the Democratic Republic of the Congo and reports from the United Kingdom ambassador to that country; and whether there will be an update on risk categories for such failed asylum seekers in the light of the volume of cases pending.[HL3434]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Our current guidance on the handling of applications for asylum from nationals of the Democratic Republic of Congo (DRC) is set out in an Operational Guidance (OGN) of March 2012 and a country policy bulletin of November 2012. The conclusions reached in the country policy bulletin are based upon information obtained during the DRC fact finding mission undertaken in June 2012 and other publically sourced data, including from the Foreign and Commonwealth Office.
The guidance provides for individuals at real risk of persecution and/or ill-treatment in the DRC to be granted international protection in the UK. This policy is kept under review in light of the country situation and returns are only undertaken if safe to do so.
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what steps they are taking to ensure that all Home Office documentation used in decisions on returns of asylum seekers to the Democratic Republic of the Congo is accurate.[HL3435]
Lord Taylor of Holbeach: The Home Office's Country of Origin Information (COI) Service gathers reliable country information from a wide range of external sources for use by officials in the decision making process. These sources include the Foreign and Commonwealth Office, UN agencies, human rights organisations, government and non government organisations and news media.
The COI Service produced a COI report on the Democratic Republic of Congo (DRC) in March 2012, a report of a Fact Finding Mission to Kinshasa in November 2012 and a bulletin on returns in February 2013. In additions to reports and bulletins, officials have access to an information request service which ensures that they can get the up to date country information required to make informed decisions.
This information is used to inform the country guidance on handling applications for protection from nationals of the DRC provided to decision makers.
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government whether any of the five asylum seekers returned to the Democratic Republic of the Congo through N’djili airport on 8 June 2011 was subsequently arrested; and, if so, when they first became aware of any arrest.[HL3436]
Lord Taylor of Holbeach: There were no returns to the Democratic Republic of Congo on 8 June 2011.
UK Embassy officials in Kinshasa were at N'djili airport to witness the arrival and processing of five returnees on 8 June 2012. The Embassy has stated that it was not aware of any returnees from the UK, including on this flight, being detained.
Education: Black and Ethnic Minorities
Question
To ask Her Majesty’s Government what plans they have to target provision for pupils from black and minority ethnic backgrounds who may be underperforming at school or college.[HL3528]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): The Government supports an education system which enables all pupils, regardless of their background or ethnicity, to fulfil their potential, attain high quality and rigorous education qualifications and have choices for their future lives.
Schools lead the way in driving up the attainment of all pupils, including underperforming groups. The Government is supporting schools by, for example, introducing a pupil premium to raise attainment amongst deprived pupils and narrow the attainment gap between these pupils and their peers. The premium will represent £2.5 billion of additional funding in financial year 2014-15. We have also introduced a new secondary school accountability system, replacing the current arrangements which create a perverse incentive for schools to focus overly on pupils near the GCSE grades C and D borderline, at the expense of other pupils. Once our reforms are in place, schools will rightly be accountable for the academic progress of all their pupils equally. Similarly, Ofsted will also consider how well schools are meeting the needs of all their pupils, by looking at the data on all groups and individuals (including for attainment, progression, behaviour and attendance), with a particular emphasis on the most disadvantaged.
First World War: Commemoration
Question
To ask Her Majesty’s Government whether they intend to provide any additional funding to the Imperial War Museum as part of their scheme to commemorate the centenary of the outbreak of the First World War.[HL3066]
Lord Gardiner of Kimble (Con): The Department of Culture, Media and Sport has committed £5m towards the costs of Imperial War Museum London’s major refurbishment of its First World War Galleries. A similar amount has been allocated to the Museum by the Heritage Lottery Fund. The new galleries form part of the UK First World War Centenary Commemoration, announced by the Prime Minister at the Museum in October 2012.
Genetic Modification
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government, further to the Written Answers by Earl Howe on 29 August (WA 359) and 30 October (WA 259) and by Viscount Younger of Leckie on 12 November (WA 114), why they differ from the interpretations of the Human Fertilisation and Embryology Authority and the Nuffield Council for Bioethics Working Group in referring to the proposed interventions as not constituting a form of germline genetic modification.[HL3498]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The Nuffield Council on Bioethics working group concluded that donation treatments for mitochondrial disorders would constitute a form of germline gene therapy. The Human Fertilisation and Embryology Authority's report to the Government referred to mitochondrial replacement being a form of germline modification. These statements are consistent with the Government's interpretation.
Health: Antibiotics
Question
To ask Her Majesty’s Government what action they have taken and plan to take to ensure that disease-carrying bacteria do not become resistant to antibiotics.[HL3479]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): Work on antimicrobial resistance has been under way for a number of years. Most recently, the Government published the United Kingdom Five Year Antimicrobial Resistance Strategy to address the problem of bacteria that are resistant to antibiotics.
The Strategy, which was published on 10 September 2013, focusses on preventing and managing infections in humans and animals, improving education and training on the prescribing of antibiotics, collecting better data on the resistance of microorganisms, supporting further research, and encouraging the development of new antibiotics.
House of Lords: Members
Question
To ask Her Majesty’s Government whether and how they intend to address the relative over-representation compared to population of members of the House of Lords based in London and the south-east of England, compared to other regions. [HL3410]
Lord Wallace of Saltaire (LD): Although the available geographical statistics are not comprehensive, they suggest that the different nations of the United Kingdom are represented in a proportion that is very close to their share of the UK population. Members are, however, primarily appointed because of their expertise and experience, not to represent a particular area of the country. An elected House along the lines proposed by the Government would have delivered proportionate democratic representation from all regions and nations of the UK.
Housing
Questions
To ask Her Majesty’s Government, further to the Written Answer by Baroness Stowell of Beeston on 21 October (WA 129), how many, and what proportion, of the homes delivered through the Affordable Homes Programme have been made available to let to those families on public housing waiting lists who are unable to save enough money to meet the minimum requirements of the Help to Buy initiative.[HL2894]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The Affordable Homes Programme provides housing at below market rates to people whose needs cannot be met by the open market, and supports both affordable rent and affordable home ownership.
Figures for the homes delivered under the programme can be found online at:
www.homesandcommunities.co.uk/housing-statistics and
www.gov.uk/government/collections/affordable-housing-supply
We do not centrally hold details on the financial background of the tenants.
The purpose of the Help to Buy equity loan scheme and the Help to Buy mortgage guarantee scheme is to enable people who can only afford a low deposit to buy their own home. It is not in competition with our affordable housing programme.
To ask Her Majesty’s Government to what extent they expect the planned Affordable Homes Programme to reduce the current waiting lists of families living in temporary and inadequate accommodation and requiring rehousing.[HL2895]
Baroness Stowell of Beeston: This Government is making a significant investment in increasing the supply of affordable homes. Our Affordable Homes Programme is on track to deliver 170,000 new affordable homes between 2011 and 2015, levering in £19.5 billion of public and private funding. 98,700 homes have already been delivered, of which 24 per cent are for affordable home ownership.
Affordable rent homes are allocated in the same way as other social rented properties, which are prioritised for those in housing need.
Our affordable housing programme is part of our wider housing strategy, and we are taking a number of steps to provide a stable and secure environment for needy families.
We have made some common sense changes to the rules under the Localism Act to enable local authorities to help households move more quickly into a settled home. This means households will no longer need to be placed in temporary accommodation while they wait for social housing to become available.
In addition, the law is clear that families with children must only be placed in bed and breakfast accommodation as a last resort and then for no more than 6 weeks.
We are continuing to support local authorities to raise their game and have provided £2 million for seven councils struggling with increasing B&B use so that they can reduce numbers and develop long lasting solutions to this problem. We have also provided £1.9 million for local authorities to take a Gold Standard approach to help them design and deliver more efficient and cost effective housing solutions for vulnerable people.
Housing: Prices
Question
To ask Her Majesty’s Government what assessment they have made of the changes to house asking prices in England and Wales in the month of October as reported by Rightmove on 21 October, and in particular of the reasons for the reported monthly rise of over 10 per cent in asking prices in London.[HL3312]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): I would suggest that the monthly Rightmove figures cited by the Noble Lord should be treated with some caution. Monthly changes in house prices are extremely volatile, not least due to seasonal fluctuations. In the previous two months, Rightmove's index reported consecutive falls in house prices.
The more sober, official government statistics from the Office of National Statistics are based on surveys of mortgage completions, and those of the Land Registry are based on sale prices from actual sales. By contrast, Rightmove's house price index is based on asking prices—a reflection of sellers' sentiment, not the final market price.
In the year to September 2013, the Office of National Statistics estimated a 3.8 per cent increase across the UK, the Land Registry a 3.4 per cent increase across England and Wales, and Rightmove 4.5 per cent across England and Wales. Whatever the index, figures for London present a very different picture from the rest of the country.
Human Trafficking
Question
Asked by The Lord Bishop of Derby
To ask Her Majesty’s Government what steps they are taking to develop a victim-centred approach in their response to combating human trafficking. [HL3444]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The UK became fully compliant in April 2013 with the EU Directive on Human Trafficking. This Directive complements the existing victim-focused work of the UK Government.
Since 1 July 2011 The Salvation Army has been contracted to Government to oversee and co-ordinate the provision of support to adult victims of trafficking, who have been referred through the National Referral Mechanism. Since then The Salvation Army has provided tailored support to over 1,000 victims, taking into account their individual needs. For 2013-14, the Government made £3million available to The Salvation Army to run the contract. Since July 2011, there has been a significant increase in the number of referrals to The Salvation Army for support and accommodation, therefore the funding allocation for this service will be kept under regular review.
Additionally, local authorities have well-established child support arrangements and a statutory duty under the Children Act 2004 to safeguard and promote the welfare of all children in need of protection, including trafficked children.
Immigration
Question
To ask Her Majesty’s Government how many complaints were received by the United Kingdom Border Agency in 2012–13 regarding the time taken for checks to be undertaken through the employer checking service.[HL3283]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Between 1st April 2012 and 31st March 2013 the employer checking service received one time complaint.
The figures provided are not national statistics but are based on provisional management information and may be subject to change.
Jimmy Savile
Question
To ask Her Majesty’s Government whether they are conducting any inquiries in relation to allegations of sexual abuse by Jimmy Savile in Duncroft Approved School for Girls; and, if so, when they expect to report.[HL3510]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Although the Home Office relinquished control of Duncroft Approved School in 1973, we reviewed the papers that were available and found no references in the material to Savile or concerns about wider abuse allegations that could be passed on to the police to assist in their investigations.
Jobcentre Plus: Toilets
Question
Asked by Baroness Thomas of Winchester
To ask Her Majesty’s Government whether Jobcentre Plus staff have discretion as to whether customers with certain medical conditions are permitted to use toilets in Jobcentre Plus premises. [HL3536]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud) (Con): Public toilet facilities are not provided in Jobcentres. But where there is a medical need, our policy is to allow claimants to use toilet facilities in our Jobcentres subject to constraints in certain locations caused by the layout of the building and keeping people safe. Advisers have discretion to make judgements as part of implementing this policy.
Local Government (Miscellaneous Provisions) Act 1982
Question
To ask Her Majesty’s Government whether they will amend the Local Government (Miscellaneous Provisions) Act 1982 to require those providing a service from a fixed pitch in a designated area to apply for a licence to trade.[HL3455]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): The UK Government, the Northern Ireland Executive and the Scottish Government issued a joint consultation on 23 November 2012 seeking views on draft regulations to repeal the Pedlars Acts 1871 and 1881, and amend the Local Government (Miscellaneous Provisions) Act 1982 (LGMPA) in England and Wales and the Street Trading Act (Northern Ireland) 2001 to ensure compliance with the Services Directive.
The consultation ran for 19 weeks and closed on 5 April 2013. The consultation period was extended twice to ensure that all interested stakeholder groups had sufficient opportunity to respond.
The Department is now considering how best to make these pieces of legislation compliant with the Services Directive while balancing the rights of pedlars and street traders and the desire of Local Authorities to make their town centres attractive and safe places for people to shop.
We have no immediate plans to amend the Local Government (Miscellaneous Provisions) Act 1982 to require those providing a service from a fixed pitch in a designated area to apply for a licence to trade.
Local Government: Expenditure
Question
To ask Her Majesty’s Government whether the Department for Communities and Local Government intends to publish its modelling of the impact on local services of the spending reductions set out in the 2014–15 and 2015–16 local government finance settlement.[HL3416]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The Department uses the measure of spending power which looks at the income available to councils from a wide range of sources and measures the cumulative impact of the range of changes affecting
them. The Government will publish spending power figures for 2014-15 and 2015-16 at the time of the next Local Government Finance Settlement. These will reflect Spending Round announcements.
Maldives
Question
To ask Her Majesty’s Government what is their assessment of the 1 November statement by the International Democrat Union on recent political developments in the Maldives.[HL3387]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The British Government notes the statement of the International Democrat Union, and other statements from the international community on the political situation in Maldives, including the EU High Representative, the Commonwealth's Special Envoy to Maldives, the UN Secretary General and the Commonwealth Ministerial Action Group. We monitored with concern the delays to Maldives Presidential elections. We are pleased that the second round of elections was able to take place on 16 November, and that the winner, President Yameen, has now been inaugurated. The UK looks forward to working with the new Maldives government, and to the strengthening of democratic institutions in Maldives.
The Minister of State, my right hon. Friend the Member for East Devon (Mr Swire), visited Maldives on 18 November and met the Minister of Foreign Affairs, Dunya Maumoon, to discuss the UK’s continued support for democracy in Maldives. We urge all authorities in Maldives to help to create conditions which are conducive to forthcoming local and parliamentary elections and to refrain from action which would create similar delays. It is now important that the new government and the opposition work together constructively in the interests of all Maldivians and to avoid any acts of recrimination or retribution.
NHS: Accident and Emergency Departments
Question
To ask Her Majesty’s Government what steps they have taken to ensure there is sufficient capacity in accident and emergency units in London hospitals over the Christmas period.[HL3480]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): NHS England (London) has advised that all local health economies across London are developing recovery and improvement plans showing how general practitioners, social care providers and community services can provide better out-of-hospital care for people with long-term conditions or non-life threatening but urgent care needs.
The plans also contain details about how hospitals will ensure their accident and emergency departments provide fast and safe care and prepare them for winter.
The plans will strengthen emergency departments' performance, improve the quality of care and improve clinical outcomes for patients.
A number of London's trusts have benefited from additional funding for the winter period as announced by the Secretary of State in September.
Nicaragua
Question
To ask Her Majesty’s Government what is their assessment of the 1 November statement by the International Democrat Union on recent political developments in Nicaragua.[HL3388]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): We have noted the International Democrat Union’s statement of 1 November, on political developments in Nicaragua. We encourage the Nicaraguan government to engage fully with the EU on a Strategic Dialogue and would emphasise the need for implementation of the EU Observer Mission recommendations of November 2011. The Secretary of State for Foreign and Commonwealth Affairs, my Rt. Hon. Friend the Member for Richmond (Yorks) (Mr Hague), will raise these points when he meets Nicaraguan Foreign Minister Santos on 26 November.
Northern Ireland Human Rights Commission
Question
To ask Her Majesty’s Government, further to the Written Answer by Baroness Randerson on 12 November (WA 117), whether they will arrange for the requested information on the grant paid to the Northern Ireland Human Rights Commission in the last five years, the full-time equivalent staff numbers, the total cost of salaries and pension contributions, and the percentage of the total grant that comprised, to be published in the Official Report.[HL3534]
The Parliamentary Under-Secretary of State, Wales Office (Baroness Randerson) (LD): As stated in my answer on 12 November, Official Report, Column WA117, this information is readily available in the Library of the House or on the Northern Ireland Human Rights Commission website www.nihrc.org. I have nothing further to add.
Planning
Question
To ask Her Majesty’s Government whether planning authorities are following the guidance provided in July 2013 by the Department for Communities and Local Government in relation to criteria for inclusion in local plans, that “the need for renewable or low carbon energy does not automatically override environmental protections”, as outlined in Planning practice guidance for renewable and low carbon energy; and if not, what plans they have to ensure greater compliance.[HL3440]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The National Planning Policy Framework is very clear that local councils in England should design their policies to ensure the adverse impacts of renewable energy developments are addressed satisfactorily. To help implement the environmental balance expected by the Framework, we issued new planning practice guidance for renewable and low carbon energy in July.
The Framework must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions. Planning guidance can be a material consideration and should generally be followed unless there are clear reasons not to.
On 10 October we revised the appeals recovery criteria in order to give particular scrutiny to planning appeals involving renewable energy development so as to consider the extent to which the new guidance is meeting the Government's intentions.
Prisoners: Medical Charges
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord McNally on 21 October (WA 133–4), by what authority Serco, which operates HMP Lowdham Grange, charges a prisoner, or solicitors who are instructed by a prisoner, a prerequisite of £200 before the prisoner can be seen by a registered medical practitioner in relation to legal proceedings. [HL3084]
The Minister of State, Ministry of Justice (Lord McNally) (LD): Further to my written answer on 21 October (WA 133-4), I can confirm that Serco, which operates HMP Lowdham Grange, are entitled under the private prison contract, to charge a pre-requisite of £200 to a prisoner, or solicitors who are instructed by a prisoner, before the prisoner can be seen by a registered medical practitioner in relation to legal proceedings.
For the avoidance of doubt, Serco’s obligation under the contract is to provide primary healthcare service for prisoners which is equivalent to that provided by the NHS to the public. If a prisoner instructs a medical
practitioner and attends a medical appointment for a medico-legal report to support a personal injury claim, this is a private appointment and not an NHS appointment.
There are costs associated with providing this additional service and these costs are passed directly to the prisoner. The £200 charge relates to Serco administration costs, which includes correspondence costs, organisation of the visit and booking, use of the treatment room and officer escort for the visiting doctor/specialist. Serco has confirmed this does not include any element of profit.
On 3 occasions this year, at Lowdham Grange, second opinions have been sought in respect of legal cases which did not form part of the primary care service. The fee incurred was £200 on each occasion.
Prisoners: Stationery and Stamps
Question
To ask Her Majesty’s Government whether relatives of prisoners are allowed to send them stamps, envelopes or writing paper; and, if not, why not. [HL3371]
The Minister of State, Ministry of Justice (Lord McNally) (LD): On 1 November 2013, the revised Incentives and Earned Privileges (IEP) policy framework (set out in Prison Service Instruction 30/2013) came into effect. In complying with the requirements of the framework, prisoners gain increased access to privileges, including greater access to their private cash and eligibility to obtain better paid work; such prisoners are also permitted to have a greater range of items in possession. Prisoners who do not comply have much reduced access to private cash and are allowed fewer items in possession.
To allow families and friends to bring or send in property would undermine our efforts to ensure that prisoners are rewarded for positive behaviour and engaging with efforts to address their offending behaviour. Governors do have discretion to allow a one-off parcel of clothing to be handed in or sent in to prisoners following conviction. However, it is generally presumed that items for convicted prisoners should not be handed in or sent in by their friends or families unless there are exceptional circumstances. Individual Governors have discretion to determine what constitutes exceptional circumstances; which could include, for example, stamped-addressed envelopes so as to facilitate a prisoner’s ability to communicate with friends and family.
Prisoners can also use their own money to buy the items mentioned in the question.
Public Health
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government whether they plan to take steps to tackle isolation as a means of reducing its impact on public health.[HL3429]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The Department is raising awareness of the issue of loneliness and isolation, helping local health and wellbeing boards and commissioners to improve the identification and measurement of the issue in local communities. This will help them to develop the right targeted solutions and drive local improvements.
The Public Health England Behavioural Insights Team aims to conduct innovative behaviour change research to support evidence-led action at scale to improve the public's health. Social isolation is one of six priority topics that the team is addressing through development and implementation of an intervention with robust measurement of outcomes.
RAF Menwith Hill
Questions
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government, further to the comments by Jeremy Hanley, the Minister of State for the Armed Forces, on 25 March 1994 (HC Deb, col 614) in relation to RAF Menwith Hill that “we have control over the use made of the site and its facilities”, whether that remains an accurate reflection of the relationship between American use of and United Kingdom accountability for that site. [HL3549]
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): The Ministry of Defence retains ownership of RAF Menwith Hill, and operations at the base continue to be carried out with the knowledge and consent of the UK Government.
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government when the lease on RAF Menwith Hill was last renewed; and whether any changes were made to the lease upon its renewal.[HL3550]
Lord Astor of Hever: There are no leasing arrangements that cover the use of RAF Menwith Hill by the United States Visiting Forces (USVF). Rather, the base is made available under the terms of the NATO Status of Forces Agreement of 1951.
Roma Communities
Question
Asked by Baroness Scotland of Asthal
To ask Her Majesty’s Government how they are complying with international human rights standards and European Union anti-discrimination law in their treatment of the Roma.[HL3492]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): Our human rights and equality legislation protects the rights of all individuals, including Roma. In particular, the Equality Act 2010 provides
protection against racial and other forms of discrimination in areas such as employment, the provision of goods and services, education and public functions. The Act fully complies with the relevant European Union Directives.
Schools: Absence
Question
To ask Her Majesty’s Government, in the light of the Ofsted survey that reported that 10,000 school- aged children may not be receiving full-time education, how they will ensure that local authorities account for children within their domain of responsibility. [HL3532]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): There is no excuse for a local authority not to meet its duty to arrange suitable, full-time education. The Department issued revised statutory guidance in January 2013 that makes clear to local authorities what their responsibilities are and reinforces the high expectations we have for pupils in alternative provision.
Ofsted’s report demonstrates that local authorities will be held to account for the education that they arrange for pupils outside of mainstream schools. The quality of education provided in pupil referral units, alternative provision academies, alternative provision free schools, maintained special schools and independent schools that offer alternative provision is subject to direct inspection. In addition, the inspection of mainstream schools now places a specific emphasis on the use of alternative provision. This accountability will be strengthened by Ofsted’s increased focus on children in alternative provision within the revised framework for inspection of local authority children’s services, introduced in November 2013.
Schools: Free Meals
Question
To ask Her Majesty’s Government, in the light of their proposed policy to provide free school meals for six- and seven-year-olds, what steps they are taking to ensure that such meals are healthy and of a suitable quality for schoolchildren.[HL3531]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): When making his announcement about universal infant free school meals, the Deputy Prime Minister was clear that schools should aim to provide meals that are nutritious and wherever possible hot and prepared onsite or nearby.
The Department is working with local authorities, schools, representative organisations and other stakeholders in order to assess the challenges that primary schools will face in implementing this policy. We are also taking into account the experience of those primary schools that presently offer universal free school meals, as well as the evidence available to us from previous pilots of universal free school meal provision, to ensure that we implement this policy in a
way that maximises its benefits for children and families, and that school meals comply with Government food standards.
We will be consulting on a revised set of school food standards early in 2014 which is part of our strategy to ensure that all schools, caterers and suppliers are providing healthy, tasty and nutritious food to pupils.
Schools: Health and Safety
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government how they intend to train teachers to deal with health emergencies in schools.[HL3427]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): All schools must have a health and safety policy and promote the welfare of pupils, which will include arrangements for first aid and managing medical emergencies.
It is the school’s responsibility to arrange appropriate training and ensure that correct procedures are followed. Schools can arrange training with specific providers, the local authority, local health services or via the school nurse.
Schools: Safety
Question
To ask Her Majesty’s Government what measures they are taking to encourage a police presence on roads where pupils of primary and secondary schools walk to and from their schools between 8.00am and 10.00am and between 3.00pm and 5.00pm.[HL3486]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The decision as to how neighbourhood policing teams are resourced, deployed and the duties those officers undertake is an operational matter for the relevant Chief Constable, in association with their Police and Crime Commissioner. This flexible approach allows forces to respond to the needs and priorities of their local communities.
Safety outside schools is important to communities and the Government is taking steps to support the police in keeping children safe. On 19th November we tabled amendments to the Anti-social Behaviour, Crime and Policing Bill which will give Police Community Support Officers the power to issue a fixed penalty notice for parking in a restricted area outside schools.
Schools: Special Educational Needs
Question
To ask Her Majesty’s Government, in the light of the Children’s Commissioner's report They Go the Extra Mile regarding the permanent exclusion from schools of pupils with special educational needs (SENs), what progress they have made to ensure that pupils with SENs receive suitable pastoral support. [HL3530]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): In order to provide suitable pastoral support, schools need a thorough understanding of special educational needs (SEN).
‘They Go the Extra Mile’, published in March by the Children’s Commissioner, made a number of recommendations about making effective SEN training materials, including those prepared as part of the Lamb Review, more widely available. The Department for Education has worked with Nasen and a range of specialist organisations to ensure that these materials are available through the Naseni .
The draft SEN Code of Practice requires schools to assess the underlying causes of any behavioural difficulties. While schools should have clear and robust behaviour policies in place, they should be equally clear about their approach to identifying underlying learning difficulties, communication needs or other issues that call for additional support.
The Government published its full response to ‘They Go the Extra Mile’ in August 2013ii . A copy will be placed in the House Library.
i www.nasen.org.uk.
ii www.gov.uk/government/uploads/system/uploads/attachment_ data/file/226526/Government-response-to-the-Childrens-Commissioner.pdf
Swaziland
Question
Asked by Lord Jones of Cheltenham
To ask Her Majesty’s Government what assessment they have made, in the light of Commonwealth democratic principles, of the elections held on 20 September in Swaziland.[HL3379]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): While I share the assessment of the Commonwealth Observer Mission that Swaziland's recent elections were, in terms of process, competently conducted we continue to have concerns about the inability of political parties to participate openly in the election itself. In addition, the King continues to control the political process.
We continue to raise the need for democratic reforms with the Government of Swaziland and with international partners. For example, the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Boston and Skegness (Mr Simmonds), emphasised the importance of swifter progress toward democracy in Swaziland in his meeting with Deputy Prime Minister Masuku earlier this year.
Syria
Question
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what assessment they have made of the risk to Syrian nationals returning to Syria from the United Kingdom; and whether they are currently enforcing removals of Syrians refused residency on any grounds.[HL3438]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Home Office policy on considering protection claims from Syrian nationals is set out in the Operational Guidance Note for Syria, which is published on the Home Office website at: http://www.bia.homeoffice.gov.uk/sitecontent /documents/policyandlaw/countryspecificasylumpolicyogns/
The Home Office does not have a policy precluding enforced returns to Syria; however, because the Foreign and Commonwealth Office advice against British Nationals travelling to Syria means we cannot escort removals, any returns would only take place where the individual concerned complies with removal directions.
Thames Crossing
Questions
To ask Her Majesty’s Government when they will publish their response to the consultation on options for a new Lower Thames Crossing.[HL3394]
To ask Her Majesty’s Government when they expect that a new Lower Thames Crossing will be in operation.[HL3395]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The Government expects to publish the consultation response and make an announcement about the location for a new Lower Thames Crossing before the end of this year.
The Government will be able to outline a timetable for a new crossing once decisions have been made on where to locate and how to deliver the new crossing. The review of location options assumed that construction could begin in 2021 and opening for traffic in 2025, as stated in the Consultation Document in May 2013. These assumptions are based on the timescales taken to progress previous major road schemes but the dates will depend on what we are to deliver and how. We are looking at ways to accelerate infrastructure delivery and we will apply any relevant learning to proposals for the Lower Thames Crossing.