Written Answers
Wednesday 11 December 2013
Apprenticeships
Question
To ask Her Majesty’s Government how many apprentices employed by the Driver and Vehicle Licensing Agency on 1 November 2013 were (1) under the age of 21, (2) aged between 21 and 25, and (3) aged over 25.[HL3827]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The Driver and Vehicle Licensing Agency did not employ any apprentices on 1 November 2013.
The DVLA is currently recruiting 12 apprentices who will be in post by 31 March 2014. All will be aged between 16 and 24.
Asil Nadir
Question
Asked by Lord Maginnis of Drumglass
To ask Her Majesty’s Government whether allegations that Asil Nadir had sought to bribe Mr Justice Tucker in the 1993 Polly Peck trial were investigated; if so, by whom; what was the outcome; and whether the matter was again raised in the 2012 trial.[HL3710]
The Advocate-General for Scotland (Lord Wallace of Tankerness) (LD): The allegation that Asil Nadir sought to bribe Mr Justice Tucker was investigated by the Metropolitan Police. No charges were brought following this investigation. Information regarding the allegation was presented to the jury as part of the agreed facts of the case in the 2012 trial.
Asylum Seekers
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 18 November (WA 129), on what grounds they remain satisfied that the Republic of Ireland is a safe country for the removal of asylum seekers’ children from the United Kingdom in accordance with its position in the list of safe countries at Part Two of Schedule Three to the Immigration and Asylum (Treatment of Claimants, etc) Act 2004, given the judgment of the Northern Ireland High Court in the matter of the application by ALJ and A, B and C.[HL3671]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Written Answer on 17 October 2013, Official Report, columns WA 90-91 also concerned the case of ALJ and others. It noted that the Northern Ireland High Court fully
rejected the contention that there is a systemic deficiency in Ireland’s asylum or reception procedures amounting to a real risk of asylum applicants, including children, being subjected to inhuman or degrading treatment on return to Ireland. The Court also rejected the assertion of a real risk of refoulement. The ruling does not disturb the position of Ireland in the list of safe countries at Part 2 of Schedule 3 to the Immigration and Asylum (Treatment of Claimants, etc.) Act 2004.
Aviation: Air Quality
Questions
To ask Her Majesty’s Government whether they will take up the recommendation of the Science and Technology Committee in its report Air Travel and Health (HL Paper 121, Session 1999–2000) that a full-scale epidemiological study be conducted on air crew; and, if so, when.[HL3703]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The Government has no plans to require UK based airlines to monitor air quality in aircraft cabins. The European Aviation Safety Agency would be responsible for introducing proposals for the compulsory monitoring of air quality in all aircraft cabins. There has been no indication that the Agency intends to introduce such proposals.
To ask Her Majesty’s Government whether they intend to provide funding to Cranfield University to complete its Aircraft Cabin Air Sampling Study, published in 2011, and to investigate the chemical profile and dosage of a typical fume event on board an aircraft.[HL3704]
Baroness Kramer: The Department for Transport has completed four research studies into cabin air. These were formally submitted for review to the Committee on Toxicity (COT) in May 2012. The COT reviewed the Department’s studies at COT meetings on September 17 and 29 October. The Department will consider the Committee’s findings and recommendations once it has received their report.
To ask Her Majesty’s Government, in the light of the Felderhof-KLM ruling in the Netherlands on 18 September, whether they have plans to insist that United Kingdom-based airlines monitor air quality in aircraft cabins; and what contingency plans they have should a European ruling require compulsory monitoring of air quality in all aircraft cabins.[HL3705]
Baroness Kramer: The Government has no plans to require UK based airlines to monitor air quality in aircraft cabins. The European Aviation Safety Agency would be responsible for introducing proposals for the compulsory monitoring of air quality in all aircraft cabins. There has been no indication that the Agency intends to introduce such proposals.
BAE Systems
Question
Asked by Lord Willis of Knaresborough
To ask Her Majesty’s Government what support they will provide in order to retain skilled engineers who currently work for BAE Systems in Portsmouth within the United Kingdom workforce.[HL3752]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): BAE Systems is consulting with employees and the Unions to explore ways of avoiding, reducing and mitigating potential job losses. This will include retraining, redeployment and flexible working arrangements, as well as providing support for employees who wish to retire or seek external opportunities. BAES have a strong track record in this area and it is hoped that many job losses will be mitigated.
The existing UK wide Talent Retention Solution will help match skilled workers to engineering jobs in Portsmouth. At the end of last week (29 November) there were 781 companies registered on the Talent Retention Solution website with 421 vacancies in the South of England.
We are working with Job Centre Plus and Skills Funding Agency colleagues in a local taskforce convened by Portsmouth City Council, which will help support those impacted. The Skills Funding Agency will work with colleges and training providers in the Solent area to ensure that support is available to any employees at risk of redundancy. £2.5m of Skills Support for Redundancy European Social Fund money is available to support this work. In addition, £5m from the “Solent Futures” Regional Growth Fund programme is being used to fund reskilling of affected employees at risk of redundancy, to support them into new job outcomes.
We have also established an industry-led Maritime Forum to advise the Solent Local Enterprise Partnership (LEP) on future skills needs in the marine sector in that area.
Furthermore, the National Careers Service is available to offer free impartial careers advice to those impacted on updating skills or retraining for alternative employment.
British Embassies: Military Attachés
Question
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what was the cost of maintaining the defence attaché network in each of the financial years (1) 2009–10, (2) 2010–11, (3) 2011–12, and (4) 2012–13; and of these costs, what proportion is attributable to support for defence and security exports.[HL3821]
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): The Defence Attaché network is funded from the Defence budget. The costs for the years detailed were:
• 2009-2010—£36.260M• 2010-2011—£38.958M
• 2011-2012—£41.323M• 2012-2013—£41.092M
The Defence Sections in question each have one or more resident Defence Attaches, some of whom have responsibilities for other countries which have Non-Residential Accreditation (NRA) status. The figures above include costs associated with the NRAs.
The figures exclude operational costs (and until 2011-12 Iraq costs were operational) and training costs. The figures also exclude the USA, where the costs of the accredited attaches are subsumed in those of the larger British Defence Staff US. In 2012-13 the attaché costs were estimated at around £2.3 million.
There is no mechanism to break down the cost of attaché effort by “purpose of activity”. Attaché output in support of defence and security exports varies from country to country and over time.
Competition Commission
Question
To ask Her Majesty’s Government whether the Department for Business, Innovation and Skills has set out any guidance to the Competition Commission relating to the assessment of cultural value in its judgments; and, if no such criteria exist, whether they have any plans to introduce any.[HL3855]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): The Department has not issued any such guidance and does not plan to do so.
The Competition Commission (CC) is an expert, independent organisation whose powers are set out in the Competition Act 1998 and the Enterprise Act 2002. The range of powers includes the power under Part 3 of the Enterprise Act 2002 to decide whether a merger gives rise to a substantial lessening of competition within any market or markets in the UK.
Courts: District Judges
Questions
To ask Her Majesty’s Government whether the recruitment of additional district judges for appointment to magistrates’ courts is continuing; and what proportion of courts they regard as appropriate for such appointments.[HL3788]
The Minister of State, Ministry of Justice (Lord McNally) (LD): The need for recruitment to the judiciary in the magistrates’ courts, including District Judges (Magistrates’ Courts) is determined in accordance with a protocol agreed in December 2012 by a group led by the now Senior Presiding Judge. The ‘Protocol to support Judicial Deployment in the Magistrates’ Courts’, requires a local assessment of judicial needs to be made annually. The decision to recommend the recruitment of additional District Judges and Magistrates
rests with the relevant Presiding Judge and HMCTS Delivery Director, following local consultation with the judiciary. The recruitment of District Judges (Magistrates’ Court) will therefore continue subject to business need.
There is no fixed proportion of courts where such appointments are made; appointments are determined in accordance with business need.
To ask Her Majesty’s Government how many district judges have completed the Judicial Appointments Commission selection process in the last year.[HL3789]
Lord McNally: Among recruitment exercises which were completed in 2012/13, eleven candidates were Salaried District Judges at the time of application for these posts. The results do not include fee-paid deputy district judges. Some of these candidates may have applied for more than one position during this time-period.
These figures exclude exercises where initial recommendations were made during 2012/13 but are not fully completed, such as the 2012 Circuit Judge recruitment.
Results from April 2013 to date were published the 5th December at http://jac.judiciary.gov.uk/about-jac/823.htm and will not be included in this PQ.
This information derives from information provided by the candidates themselves. There is no way to independently confirm the completeness or accuracy of this data.
Data Protection
Questions
To ask Her Majesty’s Government what assessment they have made of the effectiveness of the Data Protection Act 1998, Article 8 of the European Convention on Human Rights and the Official Secrets Acts, in the light of recent allegations about the transference of data to foreign powers through the secret monitoring of communications.[HL3715]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The UK has one of the world’s strongest legal and regulatory frameworks governing the use of secret intelligence. UK legislation is fully compatible with the right to privacy in Article 8 of the European Convention on Human Rights (ECHR). Our secret intelligence agencies are subject to the provisions of the Data Protection Act 1998 and additional UK statutory controls and safeguards, including the relevant sections of the Intelligence Services Act, the Human Rights Act 1998, and the Regulation of Investigatory Powers Act, and robust oversight mechanisms including the Intelligence Security Committee and the Interception of Communications Commissioner.
The UK’s Intelligence and Security Committee (ISC) undertook an investigation into initial Snowden (PRISM/NSA) allegations. Its report of 17 July concluded that the Government Communications Headquarters (GCHQ) has not circumvented or attempted to circumvent UK law by using the National Security Agency’s (NSA) PRISM programme to access the content of private communications.
To ask Her Majesty’s Government whether they have any plans to prosecute, under the Data Protection Act 2000 or other legislation, organisations which have transferred information to countries outside the United Kingdom.[HL3832]
The Minister of State, Ministry of Justice (Lord McNally) (LD): It is for the Information Commissioner to investigate alleged breaches of the Data Protection Act 1998; and if appropriate, take any necessary enforcement action, which could include criminal prosecution.
Driving: Over 70s
Question
Asked by Lord Maginnis of Drumglass
To ask Her Majesty’s Government what confidential and personal medical records are required by the Driver and Vehicle Licensing Agency (DVLA) from those over 70 applying for the renewal of a driving licence; what medical qualifications are held by the officials at the DVLA who adjudicate on those records; what are the arrangements for secure storage of such records; and whether the procedures differ in the different nations of the United Kingdom. [HL3781]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The Driver and Vehicle Licensing Agency does not routinely require access to medical records to support a driving licence renewal application at the age of 70.
All applicants must declare if they have a relevant medical condition and if they meet eyesight standards. If a condition is declared, decisions are made by officials in the DVLA’s Medical Group or a Medical Adviser. Decisions are based on operating instructions which are authorised by the Medical Advisers, who are qualified doctors and licensed by the General Medical Council to practice medicine.
Medical information is held on a specific system, which is protected by a number of physical, electronic and procedural barriers.
These arrangements apply to applications from drivers in Great Britain. Driver licensing in Northern Ireland is a devolved matter.
Drones
Question
To ask Her Majesty’s Government what proposals have been made or trialled by NATO to use drones and other reconnaissance aircraft to improve safety at sea, particularly in the Mediterranean.[HL3745]
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever): NATO is not currently examining such proposals directly.
Energy: Coal Fired Power Stations
Question
To ask Her Majesty’s Government whether they are supporting the global pact on emissions, to be signed in 2015; and whether they will seek to promote (1) the fitting of filters on the exhausts of existing coal-fired power stations, and (2) carbon capture and storage on new coal power stations, as part of that pact.[HL3786]
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma) (Con): The UK is committed to negotiating by 2015, the new legally binding deal, with mitigation commitments for all, to come into force by 2020. The UK’s key objective at the recent Conference of Parties, last month in Warsaw was met; all nations have now agreed to start their homework to prepare for a global climate change deal in 2015, including identifying their own contributions to it. We now have a work programme, with timetables.
We expect all countries to have mitigation commitments as part of the 2015 legally binding agreement that we are negotiating. But it is for individual countries to choose what policies and measures they pursue to achieve their own emissions reductions targets. Within the EU, we expect that an economy wide absolute emissions reduction target will be adopted, and we want individual EU Member States to then be free to choose the low carbon path they take to achieve their share of the EU target.
Outside of formal negotiations, the UK has joined the United States in agreeing to end support for public financing of new coal-fired power plants overseas, except in rare circumstances such as when plants fully deploy CCS technologies.
I refer the noble Lord to the Written Ministerial Statement made by my rt. hon. Friend the Secretary to the House of Commons on 21 November 2013, Official Report, Column 56WS on public financing of coal plants overseas:
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm131121/wmstext/131121m0001.htm#13112169000004
Energy: Plutonium
Question
To ask Her Majesty’s Government what priority is being given to the disposal of plutonium as part of the plan to clean up the nuclear complex at Sellafield; and whether they will now publish the report by the Nuclear Decommissioning Authority (NDA) on the subject, as indicated in a press release by the NDA on 1 August.[HL3980]
The Parliamentary Under-Secretary of State, Department of Energy and Climate Change (Baroness Verma) (Con): The priority regarding plutonium at Sellafield is to manage it within facilities designed to keep it safe and secure until a decision regarding its future management has been taken. As we noted in our 2011 consultation response, there will be many steps to go through before we reach the point of taking a final decision regarding the future management of plutonium in the UK. Only when the Government is confident that its preferred option could be implemented safely and securely, that it is affordable, deliverable, and offers value for money, will it be in a position to proceed.
The NDA paper referenced in their press release of 1 August forms part of the wider consideration of the policy on plutonium management. It is an important and complex issue and that it is vital that Ministers have the time to consider it carefully. Only when those wider considerations have concluded, will the NDA be in a position to publish this public version of its advice to DECC.
EU: Trade Agreements
Question
Asked by Lord Pearson of Rannoch
To ask Her Majesty’s Government whether international trade and investment agreements entered into by the European Commission on behalf of member states have also been signed by the member states (1) before the Lisbon Treaty came into force, and (2) afterwards; and whether they will list the agreements in question in each category.[HL3700]
The Minister of State, Department for Business, Innovation and Skills & Foreign and Commonwealth Office (Lord Livingston of Parkhead) (Con): The Lisbon Treaty and previous EU/EC/EEC treaties have stated where competence lies in relation to trade and investment policy. Who signs therefore depends on the scope of each agreement and the treaty in force at the time.
Accordingly, some trade and investment agreements between the EU and non-EU countries have been signed by the EU alone since they deal only with matters within EU competence. Examples of this include the customs union agreements with Andorra, Turkey and San Marino.
However, the majority of trade and investment agreements (both pre and post-Lisbon Treaty) have dealt with matters within both the EU and the Member
States’ competence and therefore have been signed by the Member States as well as the European Commission. These include agreements with the following countries or regions: the Faroe Islands, Norway, Iceland, Switzerland (also covering Liechtenstein which now participates in the European Economic Area), the former Yugoslav Republic of Macedonia, Albania, Montenegro, Bosnia and Herzegovina, Serbia, Algeria, Egypt, Iraq, Israel, Jordan, Lebanon, Morocco, Palestinian Authority, Syria (although the trade provisions of this agreement are currently not applied), Tunisia, Chile, Mexico, South Africa, South Korea, the CARIFORUM States (Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, Saint Christopher and Nevis, Suriname, and Trinidad and Tobago), Albania, the Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama), and the Andean nations of Colombia and Peru. A full list is available on the DG Trade website.
The UK is also a signatory to numerous multilateral trade agreements and two plurilateral agreements negotiated between World Trade Organisation Members. Details of these are publically available on the WTO website.
Gaza
Questions
To ask Her Majesty’s Government what discussions they have held with the government of Israel concerning the case for intervention on humanitarian grounds in Gaza.[HL3734]
Baroness Northover (LD): We continue to raise our concerns with the Israeli government regarding the movement and access restrictions that are the root of much of the humanitarian need in Gaza. In particular, we want to see Israel lift restrictions on the import of construction material for the private sector and international organisations, and allow the export of goods to Israel and the West Bank. In the meantime, we continue to support the UN Relief and Works Agency, the International Committee of the Red Cross and others to provide humanitarian aid to the people of Gaza.
To ask Her Majesty’s Government what assessment they have made of the ability of essential health services in Gaza, such as operating theatres, to function through fuel shortages there.[HL3735]
Baroness Northover: The World Health Organisation reports that shortage of fuel disrupts hospital services on a daily basis. This includes intensive care units, cardiac care, and operating theatres. We will continue to monitor the situation closely.
To ask Her Majesty’s Government how they assess the risks of cholera, typhus and polio for the population of Gaza; and what assessment they have made of the adequacy of plans for emergency vaccination.[HL3736]
Baroness Northover: The World Health Organisation is looking into the issue of water quality and its impact on health. The research will be shared when it is completed.
To ask Her Majesty’s Government what assessment they have made of food availability in Gaza. [HL3737]
Baroness Northover: Fresh food prices on Palestinian markets have reached record highs. Combined with the rising price and limited availability of fuel, this has seriously affected the ability of the poorest people to afford nutritious food. UK support to the World Food Programme helps to provide up to 5,300 food vouchers to poor households in Gaza each year. The UK also funds food distribution to poor families in Gaza and school students through its core support to the United Nations Relief and Works Agency.
To ask Her Majesty’s Government whether any ministerial visit to assess the humanitarian situation at first hand in Gaza is planned.[HL3738]
Baroness Northover: DFID is concerned about the situation in Gaza. Ministers visit the region regularly; the Minister of State last visited Gaza in April 2013. Officials regularly brief ministers on the humanitarian situation there.
Government: Ministerial Visits
Question
To ask Her Majesty’s Government who were the business representatives and their respective companies who accompanied the Prime Minister on his visit to China in December 2013.[HL3793]
The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford) (Con): I have placed in the Library of the House a list of the business representatives who accompanied the Prime Minister to China.
Graphene
Question
To ask Her Majesty’s Government how many patents involving possible uses for graphene have been registered by companies based in the United Kingdom.[HL3917]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): On the 6th of December 2013 there were 161 published patent applications relating to
possible uses of graphene from patent applicants with an address in the United Kingdom in the European Patent Office patent document database, which has world-wide coverage. So far, three of these applications have been granted.
Gypsies and Travellers
Question
To ask Her Majesty’s Government which local authorities have allocated land for a Traveller site in their local development plans; and what action they will take in respect of any failure by local authorities in England to do so under the terms of their Planning Policy for Traveller Sites.[HL3776]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): As I set out in my answer of 30 October 2013, Official Report, Column WA257, this information is not collected centrally. More broadly, three quarters of local planning authorities now have a published local plan. All Local Plans at this stage can be viewed on local authorities’ own websites.
Once a Local Plan is submitted for examination by an independent inspector, it is tested for consistency with national planning policy, including Planning Policy for Traveller Sites. Following the examination, the inspector reports either that the plan is sound and can be adopted or that the plan is unsound and should be withdrawn.
Health: Autism
Question
To ask Her Majesty’s Government what discussions they have had with the National Autistic Society and others about including provisions on autism in the new mandate to Health Education England. [HL3740]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The Government’s mandate to Health Education England will be reviewed for 2014-15 to ensure that the objectives are current and meaningful to the needs of our health and care systems.
The issue of including autism in the core curricula for doctors, nurses and other clinicians has been raised by the National Autistic Society during the current review of the adult autism strategy. It was also discussed by the Autism Programme Board, which is over-seeing the review of the adult autism strategy, at its meeting on 22 October.
Health: International Healthcare Workers
Question
To ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 18 November (WA 144), whether the Department of Health and the Department for International Development work together to implement the World Health Organisation Code of Practice on the International Recruitment of Health Personnel; and, if not, why not.[HL3857]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The Department has commissioned NHS Employers organisation to promote the use and adherence to the principles of the World Health Organization Code of Practice on the International Recruitment of Health Personnel. The Department continues to work with the Department for International Development (DfID) on reviewing the definitive list of developing countries which should not be targeted for recruitment of healthcare professionals.
DfID engages in a number of countries with acute shortages to help build their health workforce capacity.
The United Kingdom believes the most appropriate way of addressing health worker shortages in low- and middle-income countries is to support health systems and human resource planning to enable retention and better distribution of the health workforce.
Health: Ophthalmology
Question
To ask Her Majesty’s Government what plans they have to introduce a National Institute for Health and Care Excellence (NICE) Quality Standard for cataract treatment within the National Health Service; and what discussions they have had with NICE and NHS England on this subject.[HL3865]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): Cataracts are included as a topic in the library of quality standards referred to the National Institute for Health and Care Excellence (NICE) in March 2012. NHS England is now responsible for commissioning NICE quality standards relating to NHS services and is responsible for liaising with NICE about the prioritisation of NHS quality standards in development.
Ministers have had no discussions with NICE and NHS England on this topic, although officials may discuss individual quality standard topics with NICE and NHS England as part of the development of NICE’s quality standards programme.
Homeless Families
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government how many children they estimate to be living in Britain in bed and breakfast or temporary accommodation. [HL3142]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): As of 30 September 2013, in England, there were 42,150 households including children who were housed in temporary accommodation. Of these, 2,100 households were housed in bed and breakfast style accommodation.
To place this in context, across the last Parliament, the average number of households including children in temporary accommodation was near 113,360.
This Government has strong protections in place to prevent families with children being placed in unsuitable accommodation for unacceptable periods of time. The law is clear that families with children can only be placed in bed and breakfast accommodation as a last resort and then for no more than 6 weeks.
Moreover, we are investing £470 million over four years (2011-12 to 2014-15) to help local authorities and voluntary sector partners prevent and tackle homelessness, rough sleeping and repossessions. This investment has meant that the average time spent by households in temporary accommodation has reduced from 20 months at March 2010 to 13 months as of September this year.
Furthermore we have provided £2 million of targeted support for seven councils with excessive B&B use, so that they can reduce numbers and develop long lasting solutions. We have also changed the law so that councils can place families in suitable and affordable private rented homes. This will mean shorter waiting times for homeless households and less time spent in expensive temporary accommodation.
Figures for Wales and Scotland are a matter for the relevant devolved administration.
Immigration
Question
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government how the policies in Detention Service Order 03/2013 and Chapter 55.10 of the Enforcement Instructions and Guidance are being applied to food- and fluid-refusing detainees whose condition deteriorates to a point where they are critically ill or at end of life; and whether there are additional policy criteria which are being applied to the continued detention of food- and fluid-refusers.[HL3812]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The policies and procedures set out in the Detention Services Order
and Chapter 55.10 of the Enforcement Instructions and Guidance are being applied consistently in line with established legal principles. The Home Office’s general approach to the handling of cases of food and fluid refusal in immigration detention has been consistently upheld by the Courts, most recently by the Court of Appeal.
Immigration Removal Centres: Fire Safety
Question
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government what fire prevention measures were in place at the Campsfield House Immigration Removal Centre up to and including the week beginning 14 October, and in particular whether there were (1) working sprinklers, (2) provisions in place for evacuation in case of fire, and (3) regular fire drills; who was, or is, responsible for the implementation of security at Campsfield House Immigration Removal Centre; and on what basis those responsible were appointed.[HL3110]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Home Office Immigration Enforcement takes the welfare of detainees extremely seriously and complies with all relevant fire safety legislation.
With regard to the specified issues:
(1) Campsfield House IRC does not have a sprinkler system(2) Campsfield House has a full evacuation plan in the event of a fire or other major incident(3) Fire drills are carried out at regular intervals(4) The service provider, Mitie, is responsible for the implementation of security procedures and for the appointment of appropriate personnel to meet the requirements of the operating contract.
Immigration: Deportation
Question
Asked by Lord Roberts of Llandudno
To ask Her Majesty’s Government whether the Home Office received e-mails, or any other form of correspondence, from the United Nations Joint Human Rights Office regarding the deportation of a non-Congolese national between June and September 2012.[HL3762]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Home Office received one email dated 7 July 2012 from the UN Joint Human Rights Office (UNJHRO), Kinshasa. This noted that the UNJHRO had been informed that one of the five returnees on the flight from the UK on 8 June 2012 was refused entry because he claimed not to be a national of the Democratic Republic of Congo (DRC). He was then sent to his alleged home country the following day. The e-mail also stated that the
UNJHRO had conducted enquiries but had no evidence of any further detentions of individuals returned on 8 June.
The Home Office asked the Foreign and Commonwealth Office (FCO) to investigate this allegation of the deportation of a non DRC national. EGO did so through the Direction General de Migration (DGM) of the Government of the DRC, which is responsible for processing returns and other migration matters. The DGM informed the FOCI that it had not been involved in the deportation of an incorrectly documented returnee from the UK to a third country in June 2012. The DGM were also aware that the UK would accept back any returnee that they were not satisfied was a DRC national.
Istanbul Convention
Question
Asked by Baroness Scotland of Asthal
To ask Her Majesty’s Government why they have not yet ratified the Istanbul Convention after signing it on 8 June 2012; and when they plan to do so. [HL3659]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The criminalisation of forced marriage is a vital component of the UK’s compliance with the articles of the Istanbul Convention. The Coalition Government has brought forward provisions in the Anti-Social Behaviour, Crime and Policing Bill to criminalise forced marriage and the timetable for ratification of the Convention is subject to our receiving Royal Assent for the Bill.
Justice: Lay Magistrates
Questions
To ask Her Majesty’s Government how many lay magistrates have (1) retired, and (2) been appointed in the last year.[HL3790]
The Minister of State, Ministry of Justice (Lord McNally) (LD): Between 4 December 2012 and 3 December 2013:
1,083 magistrates retired. 329 magistrates were appointed.
To ask Her Majesty’s Government what budget is allocated centrally to promote the lay magistracy to potential recruits.[HL3791]
To ask Her Majesty’s Government what budget is available to each advisory committee to promote the lay magistracy to potential recruits.[HL3792]
Lord McNally: There is no centrally allocated budget within HMCTS for recruitment of lay magistracy. Magistrates are recruited and selected by 47 local advisory committees and any recruitment costs would be met from local budgets.
Local Authorities: Finance
Question
To ask Her Majesty’s Government whether they intend to adopt a multi-year funding settlement for local authorities aligned to the fixed terms of Parliament in order to support local authorities with their financial planning.[HL3728]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): We currently have no plans to align local government finance settlements with Parliamentary terms. The new Business Rates Retention scheme offers certainty and predictability for local authorities in the local share of business rates, which remains unchanged until reset except for annual uprates in line with the Small Business Rates multiplier.
Migration Impact Fund
Question
Asked by Baroness Scotland of Asthal
To ask Her Majesty’s Government why the Migration Impact Fund was cancelled; and whether a needs-based assessment has been conducted on the provision of support for local councils, housing associations, schools and hospitals with large Roma populations.[HL3493]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): The last Administration’s Migration Impact Fund was ineffective and did not represent value for money, especially in light of the need to tackle the deficit left by the last Administration.
This Government has adopted an alternative approach of introducing stronger controls on immigration and addressing the “pull” factors that previously led to unsustainable impacts on this country. The Prime Minister recently outlined our plans to tackle benefit tourism and the abuse of free movement rights within the European Union.
We also have clear integration strategy to bring together disparate communities, including, for example, supporting English language training.
National Institute of Health and Care Excellence
Questions
To ask Her Majesty’s Government whether they have any plans to change the remit of the National Institute of Health and Care Excellence to enable it to assess combination therapies either under the current technology appraisal process or under the proposed value assessment.[HL3923]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The National Institute for Health and Care Excellence has appraised a number of medicines that are licensed for use in combination with other therapies and will continue to be able to do so.
To ask Her Majesty’s Government what discussions they have had with the National Institute of Health and Care Excellence about its negative recommendations in respect of cancer drugs in 2013.[HL3924]
Earl Howe: Ministers and officials have regular discussions with the National Institute for Health and Care Excellence (NICE) on a range of issues relevant to its work, including on the outcomes of some of its technology appraisals.
The Government believes that NICE, as an independent body, must be allowed to make its recommendations without political interference.
NHS: Mid-Staffordshire NHS Trust
Question
To ask Her Majesty’s Government, further to the remarks by Earl Howe on 19 November (HL Deb, col 865), why they decided not to introduce a statutory individual duty of candour, as recommended by the Francis Report on Mid-Staffordshire NHS Foundation Trust.[HL3851]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The right way to meet the objective of enhanced candour by individuals is by strengthened references to candour in professional regulation. This will include being candid with patients when mistakes occur whether serious or not, and reporting “near misses” for errors that could have led to death or serious injury, as well as actual harm. Alongside this, the organisational duty of candour will drive a more open culture throughout organisations, including its staff.
Passports
Questions
To ask Her Majesty’s Government whether details of those serving custodial sentences are supplied to the Identity and Passport Service to prevent the improper use of passports while such persons are in custody.[HL3665]
To ask Her Majesty’s Government when they expect to announce the requirement for those holding or applying for British passports to notify the Identity and Passport Service of other non-British passports held; and whether such a change could be made under the Royal Prerogative.[HL3666]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): HM Passport Office request law enforcement agencies with a statutory power to place restrictions on the ability of an offender to travel outside of the United Kingdom or to require them to surrender their passport to notify HM Passport Office of any such restriction, but the details of those serving custodial sentences are not routinely notified to Her Majesty’s Passport Office.
A person applying for a British passport is required for identity validation purposes to provide details of any passport held currently or previously, irrespective of the country of issue. There are no plans to extend this requirement to existing passport holders. The Royal Prerogative provides the Secretary of State with the power to require any necessary and relevant information in connection with an application for a British passport.
RAF Menwith Hill
Question
Asked by Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government, further to the Written Answer by Lord Astor of Hever on 26 November (WA 272), whether the use of RAF Menwith Hill is still subject to a renewable security of tenure agreement; and, if so, when the agreement was last renewed and for how long.[HL3892]
The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever) (Con): The use of RAF Menwith Hill by the United States Visiting Forces is no longer subject to a renewable Security of Tenure Arrangement.
Religious Tolerance
Question
Asked by Lord Bourne of Aberystwyth
To ask Her Majesty’s Government what steps they are taking to promote religious tolerance in the workplace.[HL3714]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con): Legal protection for employees from direct and indirect discrimination as well as from harassment or victimisation because of religion and belief is provided by the Equality Act 2010.
The Equality and Human Rights Commission (EHRC)—the UK body with the statutory remit to protect, enforce and promote equality—has issued a targeted guide for employers which can be accessed on their website at: http://www.equality humanrights.com/advice-and-guidance/your-rights/religion-and-belief/
This good practice guide aims to help employers understand how to recognise and manage expressions of religion or belief in the workplace and includes examples of requests that employees may make and how employers might deal with them.
The EHRC have also published Shared understandings: a new EHRC strategy to strengthen understanding of religion or belief in public life. Part of this work will seek to assess whether there is currently sufficient protection for people with a religious or other belief.
In addition, the public sector equality duty (PSED), requires public bodies to have due regard to the need to eliminate discrimination, harassment and victimisation on grounds of religion and belief; to advance equality of opportunity; and to foster good relations between people of different religions.
Sudan
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government when they last raised the issue of restrictions on religious freedom with the government of Sudan; when they last called upon that government to abide by international standards of freedom of religion or belief; and whether they have encouraged that government to amend or repeal legislation and practices which infringe on religious liberty and related rights.[HL3748]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): On 15 November I gave a speech in Washington stressing the need for an international response to the persecution of Christians and other religious minorities, and for unity in confronting the intolerance and sectarianism that leads to minority communities being persecuted. In the case of Sudan, we regularly press the government to respect freedom of religion for all its citizens, and raise this both bilaterally and in relevant multilateral organisations. We raise incidences of restrictions on religious freedom, including our concerns at the expulsion of foreign nationals connected to Christian groups. We continue to encourage the government of Sudan to embark on a process of political reform, including adoption of an inclusive constitution that respects human rights including freedom of religion. We will continue to monitor the situation through our Embassy in Khartoum and to raise our concerns at a high level with the Government of Sudan.
Syria
Questions
Asked by The Lord Bishop of Coventry
To ask Her Majesty’s Government whether they plan to participate in the resettlement programme for Syrian refugees administered by the United Nations High Commissioner for Refugees.[HL3600]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Government shares the deep concerns regarding the continuing humanitarian crisis in Syria. However, the Government has no current plans to resettle Syrian refugees either as part of, or in addition to, its annual resettlement quota. We continue to believe that the priority should be to provide humanitarian assistance to displaced people in partnership with neighbouring countries
and the United Nations High Commission for Refugees. The UK has now increased its pledge for the Syrian relief effort to £500 million. This represents the UK’s largest ever response to a humanitarian crisis.
To ask Her Majesty’s Government what consultation they have had with Syrian faith groups in preparation for the Geneva 2 talks; which groups have been involved; and when they occurred.[HL3807]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): We are actively engaging with our international partners to bring about a political transition in Syria through the Geneva II process. This includes efforts to support the Syrian moderate opposition, the National Coalition, for Geneva II. We have encouraged them to draw representation from the diverse strands of Syrian society. The Coalition includes representatives from across Syria’s diverse communities, including Christians. We also engage with broader Syrian society, for example, on 16 October I met Patriarch Gregorios III, the leader of the Melkite Greek Catholic Church, for discussions on the Geneva II process as well as the situation of Christians in Syria and the humanitarian crisis. We also fund project work which brings together and builds dialogue between different Syrian communities including different faith groups.
To ask Her Majesty’s Government what steps they will take to ensure that all Syrian faith groups are represented at the Geneva 2 talks in January 2014.[HL3808]
Baroness Warsi: We are actively involved in working with the National Coalition to ensure that their delegation at Geneva II fully represents the diversity of Syrian society, including its different faith groups. We are also encouraging the UN to consider options for a formal role for civil society at Geneva II. The purpose of Geneva II is for the Syrian parties to agree on a political transition on the basis of the Geneva I communiqué which makes it clear that there should be no future sectarianism or religious discrimination.
Tanzania
Question
Asked by Baroness Kinnock of Holyhead
To ask Her Majesty’s Government what assessment they have made of reports that African Barrick Gold has used Tanzanian police to provide security at the North Mara Gold Mine.[HL3837]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): According to African Barrick Gold, the company has signed a memorandum of understanding with the Tanzanian police force for the provision of police force patrols in the general area surrounding the mine. Police only enter the company’s property in cases of emergency.
Teachers: Misconduct
Question
To ask Her Majesty’s Government how long investigations into allegations of misconduct by teachers last on average; whether there are any milestones in the investigation process; and whether there is a maximum limit on how long an investigation can take.[HL3847]
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con): Responsibility for the regulation of serious misconduct passed to the Secretary of State for Education on 2 April 2012. As at 30 November 2013, The National College for Teaching and Leadership (NCTL) had concluded 1,384 investigations into allegations of misconduct by teachers. The average time to conclude a case was 7.8 weeks.
There are four milestones within the process:
1. Initial assessment – to establish that the individual is within jurisdiction and that the referral is not for a minor offence such as a one-off driving offence.2. Initial review meeting – after reading of all the referral papers an assessment is made by officials as to whether, if all the allegations are proven, there is any prospect of a prohibition order being imposed, taking account of the Secretary of State’s published advice on the prohibition of teachers.3. Post investigation meeting – where a case proceeds following the initial review meeting a full investigation takes place. On completion of that investigation, officials determine whether there remains any prospect of a prohibition order being made, referring once more to the published guidance.4. Public hearing – if a case moves forward from the post investigation meeting it is prepared and scheduled for a public hearing before a panel of publically appointed members. A panel comprises three members, with at least one lay member and at least one teacher member. There is no prescription as to majority. If the panel find the facts proved and that those facts amount to ‘unacceptable professional conduct’, ‘conduct that may bring the profession into disrepute’ or ‘conviction, at any time, of a relevant offence’ then they must make a judgement about whether to recommend the imposition of a prohibition order by the Secretary of State.
Investigations are reliant on a number of external factors including on-going police investigations and the co-operation and availability of witnesses. There is no maximum limit on how long an investigation can take. We do monitor progress against internal performance indicators. 98% of initial assessments should conclude within 3 working days (target met), 95% post investigation meetings should conclude within 20 weeks (target met), and 90% of all cases should conclude within 52 weeks. All targets have been met.
Thames Tideway Tunnel
Question
To ask Her Majesty’s Government when they intend to respond to Lord Berkeley’s letter of 1 November to Lord de Mauley in respect of the Thames tideway tunnel.[HL3969]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con): I replied to the noble Lord on 9 December.
Third Parties (Rights Against Insurers) Act 2010
Question
To ask Her Majesty’s Government when the Third Parties (Rights Against Insurers) Act 2010 will come into force; whether it will come into force on the same day in England and Wales, Scotland and Northern Ireland; whether it will come into force entirely on that day; and why there has been a delay since enactment.[HL3831]
The Minister of State, Ministry of Justice (Lord McNally) (LD): I refer the noble Lord to my Written Statement of 25 April 2013, Official Report, column WS178. The position remains that we intend to introduce legislation to amend the Third Parties (Rights Against Insurers) Act 2010 as soon as parliamentary time permits and to commence the Act as amended as soon as reasonably possible thereafter on the same day across the whole of the United Kingdom.
Implementation of the Act was delayed initially by work on other priorities and more recently by the need to amend it. The principal aim of the proposed amendments is to bring within the scope of the Act claimants to whom it does not apply but who would have been covered by the Third Parties (Rights against Insurers) Act 1930 or the Third Parties (Rights against Insurers) Act 1930 (Northern Ireland).
Treatment of Detainees
Question
To ask Her Majesty’s Government what conclusions for United Kingdom policy and practice they draw from The Report of the Constitution Project’s Task Force on Detainee Treatment, published in the United States on 16 April.[HL3746]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The Government has noted the Report of the Constitution Project’s Task Force on Detainee Treatment. The Government has made clear its commitment to learn any lessons that emerge in relation to the work of our
security and intelligence agencies in the aftermath of the terrible events of 11 September 2001. The Government has published Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees (known as the “Consolidated Guidance”) which is overseen by the independent Intelligence Services Commissioner and strengthened the powers of the Intelligence and Security Committee under the Justice and Security Act 2013. We keep policy and practice in this area under regular review.
Visas
Question
Asked by Lord Hodgson of Astley Abbotts
To ask Her Majesty’s Government what research was undertaken to support the statement in the Home Office Research Report 71 Student Visitors that abuse of the student visitor visa system is “minimal”.[HL3474]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The research examined a sample of student visit visa applications between 2011-12 taken from the Home Office Central Reference System and a sample of student visitors not requiring visas arriving at Heathrow airport in November 2012.
The results show that the visitor route is being used as the government intended—attracting high value, low risk migrants who contribute positively to economic growth. It also makes clear that short-term students are attending accredited institutions and most are doing English language programmes or university exchanges. There is no evidence of displacement from the main student route, for longer periods of study at higher levels, into the student visitor route.
Key indicators of abuse—including forgeries and enforcement arrests—for those who entered the UK on a student visitor visa are low.
Home Office Research Report 71 Student Visitors:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/205318/horr71.pdf
Waste Management
Questions
Asked by Lord Willis of Knaresborough
To ask Her Majesty’s Government when they expect commitments 2, 4, 5 and 9 to 15 of their delivery plan following the review of waste policy in England in 2011 to be completed.[HL3753]
To ask Her Majesty’s Government when they expect commitments 7 and 16 of their delivery plan following the most recent review of waste policy in England will be completed.[HL3754]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con): Commitment 2 was to develop a Material Recovery Facility Code of Practice. The Government will deliver this commitment through. regulations that we aim to introduce early next year.
Commitment 4 was to put in place Voluntary Responsibility Deals for packaging and particularly to raise recycling levels for metal and plastic packaging. Defra is not developing specific responsibility deals with the metal and plastic industry. Instead, these sectors have been developing their own work to raise recycling levels, for example the Metal Matters campaign, and the plastics industry is in the process of launching a similar initiative which Defra is supporting.
Commitment 5 was completed on 26 June 2012 when the Hospitality and Food Service Agreement was launched.
Commitment 7 is to produce a National Waste Prevention Programme; this is due to be published shortly. The revised Waste Framework Directive requires that Member States publish Waste Prevention Programmes no later than 12 December 2013; we are currently on track to meet this target.
Commitment 9 was to launch a Zero Waste Award. No work is currently being taken forward. This is in line with our stated priorities: we will focus on the essentials of waste policy that only the Government can and must do.
Commitment 10 was to decide what further action may be needed with respect to single-use carrier bags. On 14 September the Government announced that a mandatory five pence charge for single-use plastic bags will be introduced from autumn 2015. A Call for Evidence was launched on 25 November seeking evidence on how the charge will work in England.
Commitment 11 relates to a number of projects we are funding through our Action Based Research programme. The current service model trial is a three-year pilot and is due to report in early 2016.
Commitments 12-14 all relate to waste prevention and are covered in the Waste Prevention Plan for England, due to be published this month.
Commitment 15, relating to consumer confidence in products, was completed in July 2012.
Commitment 16 is to work with standard-setting organisations to encourage waste prevention requirements in product standards. This work was included in the British Standards Institution’s 2013/14 programme and is due to be completed in March next year.