Written Answers
Wednesday 26 February 2014
Abortion
Questions
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government, further to the answer by Earl Howe on 12 February, how many abortions are undertaken annually by the British Pregnancy Advisory Service (BPAS); and what is the total annual revenue that BPAS receives from public funds.[HL5466]
To ask Her Majesty’s Government whether they have made representations to the British Pregnancy Advisory Service (BPAS) about the statement on page eight of the BPAS publication Britain’s Abortion Law: what it says and why? that “the law is silent on the matter” of abortion for reasons of foetal sex; and how that statement accords with Earl Howe’s reply on 12 February that abortion on the grounds of gender alone is against the law.[HL5467]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): Abortion on the grounds of gender alone is illegal. The 1967 Abortion Act states that two practitioners have to be “of the opinion, formed in good faith” that the woman has grounds for an abortion according to the criteria set out in that Act.
The Department received 53,630 abortion notifications from the British Pregnancy Advisory Service clinics in England and Wales in 2012.
From April 2013, NHS clinical commissioning groups took on responsibility for commissioning abortion services based on local need. Data is not collected centrally in respect of NHS funding to individual abortion providers.
Alcohol
Question
Asked by Lord Brooke of Alverthorpe
To ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 11 February (HL Deb, col 535), how many times they have raised the case for calorie and sugar content to be shown on alcohol labels in the 130 meetings they have had with the drinks industry since 2010. [HL5457]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): The meetings covered a range of issues and some will have included how alcoholic drinks are labelled. While the subject of energy declarations and nutrition labelling would not have been the primary focus of these meetings, it may have been raised by either party during the course of discussions
Details of the Responsibility Deal Alcohol Network and Responsibility Deal Plenary Group are publicly available on the Responsibility Deal website. This includes notes of the meetings and can be found at:
https://responsibilitydeal.dh.gov.uk/alcohol-network-group-meeting-papers
www.dh.gov.uk/en/Publichealth/Publichealth responsibilitydeal/Plenarygroup/DH_123047
The Department will continue to publish such papers.
Argentina
Question
Asked by Lord West of Spithead
To ask Her Majesty’s Government whether they have made any representations to the government of Argentina after the Cunard MS Queen Victoria was forced to strike her colours in Buenos Aires on 28 January.[HL5446]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): This Government is very concerned by any suggestion that a UK or Red Ensign Group vessel should be required to lower her flag to enter any port in the world. The flags of the UK and Red Ensign Group are a symbol of the quality of the British Registers, which, with a combined size of fifty million gross tonnage, are the fifth largest fleet in the World.
Foreign and Commonwealth Office officials have investigated this matter with Carnival UK, the owners of the Cunard MS Queen Victoria. Carnival UK have confirmed that the Argentine pilot, who was assigned to the MS Queen Victoria by the Argentine Port Authority, advised the company that it would be better to lower the Red Ensign flag and fly the Cunard flag while entering the Port of Ushuaia on 30 January. Carnival UK have confirmed that they were not advised to do this at the Port of Buenos Aires. We are seeking to clarify this matter with the Argentine Embassy in London.
Central African Republic
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government whether, when United Nations Secretary-General Ban Ki Moon reports to the United Nations Security Council on options for dealing with violence in the Central African Republic, the United Kingdom will support any recommendation proposing the deployment of a full United Nations peacekeeping mission in that country.[HL5465]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The situation on the ground in the Central African Republic (CAR) is disturbing. Our immediate focus is supporting the African-led International Support Mission to CAR
(MISCA) alongside the French deployment. They are already on the ground, have a robust enforcement mandate, and therefore able to act immediately to increase security and humanitarian access.
The UN Security Council is keeping the situation under regular review, including what more can be done to strengthen existing efforts given the severity and urgency of the situation.
In December the UN Security Council was clear that a UN Peacekeeping Operation would be required in future. The UN Secretary General will report at the end of this month on whether the conditions for a successful deployment of a UN Peacekeeping Operation are right. We will consider that assessment carefully with UN partners.
Civil Partnerships
Question
Asked by Lord Jenkin of Roding
To ask Her Majesty’s Government when couples wishing to convert their civil partnerships into marriages will be able to do so; and why the process will not be available at the same time as same sex marriages are to be allowed.[HL5196]
Lord Gardiner of Kimble (Con): Our priority is to ensure that same sex couples, who are not currently in a civil partnership and who have been waiting to marry in order to formalise their relationship are able to do so as soon as possible. Therefore our focus has been on enabling marriages to take place, and as a result this will happen several months earlier than anticipated.
As the Government announced on 10 December 2013, we are working hard to ensure that couples wanting to convert their civil partnerships into marriages are able to do so as soon as possible. We aim to do this before the end of 2014.
These aspects of implementing the Act take longer because they involve developing and implementing completely new procedures and processes. This contrasts with the work to make new marriages for same sex couples possible, where we have been able to build on existing processes so implementation is more straight- forward.
Cyclists: Fatalities
Question
To ask Her Majesty’s Government how many cyclists have been killed or seriously injured in each of the last five years as a result of the opening of car doors into their path.[HL5480]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The number of reported cyclist that have been killed or seriously injured as a result of hitting an open door of a car is given in the table:
| Number of killed or seriously injured cyclists | |
Data for year 2013 will be available in June 2014.
Cyclists: Safety
Questions
To ask Her Majesty’s Government whether they have plans to strengthen the cycle safety provisions of the Highway Code in accordance with proposals by British Cycling and the Cyclists' Touring Club or in any other way.[HL5477]
The Minister of State, Department for Transport (Baroness Kramer) (LD): The Highway Code was last revised in September 2007, and there are currently no plans to carry out another revision, which is a time consuming and expensive exercise. Nevertheless, when the next revision to the Highway Code is carried out the rules on cycling and cycle safety will be reviewed, as with other sections of the document. Any changes will be subject to public consultation.
To ask Her Majesty’s Government whether they have considered the impact on cycling safety of setting a minimum passing distance for drivers overtaking cyclists.[HL5478]
Baroness Kramer: The Department for Transport has not carried out any work specifically to investigate the impact of setting a minimum passing distance. However, the Highway Code makes clear that drivers should give cyclists plenty of room when passing, including giving them time and space to carry out manoeuvres.
To ask Her Majesty’s Government what advice they have given to police forces in relation to apprehending cyclists who are not wearing helmets or high visibility clothing.[HL5479]
Baroness Kramer: The Department for Transport recommends the wearing of helmets and high visibility clothing through the Highway Code and our THINK Cyclist campaign. If cyclists decide not to wear helmets or high visibility clothing, that is a matter for them. We have therefore not issued any further advice to police.
Environment: Land Use
Question
Asked by Lord Hodgson of Astley Abbotts
To ask Her Majesty’s Government what is their estimate of the percentage of land that has been built upon in each region of the United Kingdom. [HL5398]
The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con): As outlined in the answer of 10 December 2012, Official Report, House of Commons, Columns 80-81W, there are a number of different studies. However, I would point my noble Friend to the definitive Countryside Survey: Final Report - the new UK Land Cover Map published in July 2011. Figures for the constituent nations of the United Kingdom can be found on page 71.
http://www.ceh.ac.uk/documents/lcm2007 finalreport.pdf
And I have placed a copy in the Library of the House.
Flooding
Question
Asked by Lord Pearson of Rannoch
To ask Her Majesty’s Government, further to the answer by Lord De Mauley on 10 February (HL Deb, col 447), whether action or inaction by the Environment Agency or other relevant authorities in the Somerset Levels or the Thames Valley has been influenced or mandated by European Union legislation; and, if so, what are the relevant pieces of legislation and their dates.[HL5399]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con): The Environment Agency and other flood risk management authorities act in line with the Government’s Flood and Coastal Erosion Risk Management Strategy, in these areas as elsewhere. This seeks to deliver the greatest overall benefit for communities, property, business and the environment. In pursuing that objective, the authorities comply with a range of legislation, including European Union legislation such as the Water Framework Directive (2000/60/EC), the Birds Directive (2009/147/EC) and the Habitats Directive (92/43/EEC).
As indicated in the answer I gave on10 February, this legislation does not prevent the Environment Agency from undertaking the watercourse maintenance activity needed to manage flood risk effectively.
Genetic Modification
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government, further to the Written Answers by Earl Howe on 22 January (WA 129) and 6 February (WA 77), whether they consider that an egg or embryo that has had just one gene within its own nuclear DNA replaced by
homologous recombination with a transgene differing in sequence only by some synonymous codon substitutions is genetically modified as a consequence. [HL5462]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): As stated by Viscount Younger of Leckie in his Written Answer of 12 November 2013, Official Report, column WA113, there is no universally accepted definition of genetic modification. For that reason, we are unable to offer a definitive opinion on whether the process described by the noble Lord would be generally accepted as constituting genetic modification.
Health: Mesothelioma
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government what call has been made to the research community to strengthen significantly research into mesothelioma; and what has been their response.[HL5497]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe) (Con): In spring 2014, the National Institute for Health Research will highlight to the research community that it wants to encourage research applications in mesothelioma.
Immigration and Asylum Act 2002
Question
To ask Her Majesty’s Government how many appeals against (1) refusal of refugee status, (2) human rights claims, or (3) claims for humanitarian protection, have been made from outside the United Kingdom since the coming into force of the Immigration and Asylum Act 2002; and how many of each were successful.[HL5317]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): Since 2007, our records show that 114 appeals have been lodged from outside the United Kingdom against a certified refusal of refugee status and/ or refusals of claims for humanitarian protection. One of these appeals is recorded as being successful.
Notes:
i. A breakdown for the full period requested is not available due to the way that this information was recorded on our internal database prior to 2007.
ii. We are unable to break down figures that specifically relate to refusals of refugee status and refusals of humanitarian protection.
iii. We are unable to provide information on how many appeals against human rights claims have been lodged from outside of the United Kingdom as the information is not recorded centrally in one system in a way that allows us to extract the information requested.
iv. All figures given are based on internal management information and are subject to change.
v. Figures provided are up to 30th September 2013.
| HR Applications - Applications that have Appealed after their Removal Date | |||||||
| Year of Appeal | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | Grand Total |
- Human Rights - Article three & eight (with or without other articles)
Applied between one Oct 2006 and 30 Sep 13
Removed Prior to the Appeal Lodged Date
Appeal data from CID only - this data set does not include CRS data
Appeal outcomes relate to 1st Tier only
| Asylum Applications - Applications that have Appealed after their Removal Date | ||||||||
| Year of Appeal | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | Grand Total |
Main 1st Time Asylum Applicant
Applied between one Oct 2006 and 30 Sep 2013
Case certified at first case outcome
Removed prior to Appeal Lodged date
Appeal data from CID only - this data set does not include CRS data
Appeal outcomes relate to 1st Tier only
Immigration Bill
Question
To ask Her Majesty’s Government whether the impact of the current Immigration Bill is consistent with their existing policies to prevent the trafficking of persons.[HL5433]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Tackling modern slavery and human trafficking is a priority for this Government. The National Crime Agency leads the fight against organised criminals involved in the trafficking
of persons. We are strengthening our response through the Modern Slavery Bill and the publication of an action plan, later this year, which will set out a complementary range of non-legislative activities.
The Immigration Bill will ensure that potential victims of trafficking are adequately protected by ensuring that there is no adverse impact on vulnerable groups. There are exemptions from the duty on landlords to check immigration status for hostels and refuges where victims of trafficking are housed. The regulations setting out who will pay the immigration health charge will also contain appropriate exemptions for victims of trafficking.
The Immigration Bill makes it more likely that those who are not here legally, including victims of trafficking, come to the notice of authorities. This policy will work and complement other measures being taken to combat trafficking, facilitation, rogue landlords and gangmasters.
Immigration Removal Centres: Restraint
Question
To ask Her Majesty’s Government what action they have taken about the use of restraints at Harmondsworth Immigration Removal Centre in the light of the report by the HM Chief Inspector of Prisons that two elderly men were handcuffed in “an excessive and unacceptable manner”, one of whom died shortly after the removal of handcuffs and the other, an 84-year-old who had been declared unfit for detention, died whilst still handcuffed. [HL5445]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): Unnecessary use of restraints is unacceptable. Following these incidents an investigation was carried out and a number of changes have been made to ensure proper risk assessments are carried out (by contractors) in a timely way. Firm instructions have been issued making clear that restraint should only happen where absolutely necessary.
In the case of the 84 year old man, the use of restraint was completely unjustified and such action must not be repeated in similar circumstances. The independent Prisons and Probation Ombudsman is investigating the circumstances of the death. The Home Office will carefully consider the findings of the Ombudsman's report.
India
Questions
To ask Her Majesty’s Government whether they will make representations to the government of India to withdraw its reservation to Article 1 of the International Covenant on Civil and Political Rights 1966, as formally requested by the United Nation’s Human Rights Committee.[HL5474]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): We have no plans to make representations to the Indian government on this issue.
To ask Her Majesty’s Government what steps they are taking to assist Sikh communities in India in achieving self-determination and in securing their rights under international law.[HL5475]
Baroness Warsi: This is a matter for the Indian authorities.
To ask Her Majesty’s Government whether, in the light of the United Kingdom’s involvement in the operation at the Golden Temple in 1984, they intend to reconsider the United Kingdom’s relationship with India, particularly in respect of the self-determination of Sikhs and Kashmiris.[HL5476]
Baroness Warsi: The Cabinet Secretary’s report concluded that the nature of the UK’s assistance was purely advisory, limited and provided to the Indian government at an early stage, and that it had limited impact on events.
We have no plans to reconsider our relationship with India; a country with which we have built a stronger, broader, deeper partnership of equals, based on mutual respect.
Internet: Broadband
Question
Asked by Baroness Jones of Whitchurch
To ask Her Majesty’s Government what steps they are taking to deliver value for money and market competition in the light of the National Audit Office's report of 5 July 2013, The rural broadband programme which criticised the awarding of all 44 contracts to BT and concludes that the Department for Culture, Media and Sport “does not have strong assurance that costs, take-up assumptions and the level of contingency in supplier bids are reasonable”.[HL5133]
Lord Gardiner of Kimble (Con): The National Audit Office recognised that the Government’s current approach reduced cost and transferred risk to the private sector. Local projects either conducted their own competitive
procurements or used the procurement framework developed by the department through a competitive process. Achieving value for money is a priority which is why the department put in place multiple safeguards. BT will only be paid for incurred eligible expenditure, evidenced by invoices and linked to key deliverables set out in contracts. BT cannot claim for unspent contingency and must provide full transparency for actual costs incurred. The National Audit Office concluded that the approach to managing in-life costs appeared robust.
Information from the local broadband projects shows that 330,000 premises had gained superfast broadband coverage by the end of January 2014 as a result of the programme and coverage is being extended to more than 10,000 premises per week.
Judicial Review
Question
To ask Her Majesty’s Government, in the light of the statement at paragraph 76 of the their response the consultation on reform of judicial review that “young people aged 18 to 25 bring disproportionately large numbers of claims,” whether they will identify the character of such claims by category; and what is the success rate for each such category.[HL5354]
The Minister of State, Ministry of Justice (Lord Faulks) (Con): Her Majesty's Courts and Tribunals Service statistics do not provide disaggregated data on judicial reviews brought by people aged 18 to 25. We are able to use data held by the Legal Aid Agency (LAA), although this only covers a proportion of judicial reviews bought.
The LAA does not specifically record whether the applicant was “successful” in judicial review cases. Legal aid providers are required to report the outcome of a case to the LAA and may record a “substantive benefit” to the client, as defined in the 2010 standard civil contract. However, it is important to note that a recording of “substantive benefit” does not necessarily mean that their client was the successful party in any litigation or that the benefit was proportionate to the costs incurred.
The following table shows the volume of Judicial Review certificates billed to the LAA in 2011/12 and 2012/13 where the applicant was between 18 and 25 years of age at the time of issue. It also shows the volume and proportion of these on which the solicitor reported a substantive benefit.
Judicial Review certificates - clients aged 18-25 at issue
South Sudan
Question
To ask Her Majesty’s Government what representations they have made to the government of South Sudan about the future of political detainees who remain in prison since the events in December; and to what extent this remains a central issue in the negotiations in Addis Ababa.[HL5460]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): We welcome the release of seven of the political detainees into the custody of the Kenyan authorities on 30 January. We support their wish to participate in the peace talks that resumed in Ethiopia on 11 February. The release of the four remaining detainees remains a central demand of Dr Riek Machar and his supporters at the negotiations.
We continue to be clear that the political reconciliation process must be fully representative and include the political leaders detained at the start of the conflict. Most recently, the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Boston and Skegness (Mr Simmonds), raised the question of the detainees with South Sudan’s Foreign Minister, Dr Barnaba Marial Benjamin, when they met in London on 12 February, and called for their release to participate in the talks. He also underlined the importance of any criminal proceedings against the current or former detainees being transparent and following due process.
Stephen Yaxley-Lennon
Question
Asked by Lord Pearson of Rannoch
To ask Her Majesty’s Government whether they are taking any special precautions to protect the life and health of Stephen Yaxley-Lennon (Tommy Robinson) during his prison sentence, in the light of reports of threats of violence from Islamic extremists. [HL5473]
The Minister of State, Ministry of Justice (Lord Faulks) (Con): NOMS takes the safety of all prisoners very seriously and individual risk assessment based on all relevant information informs any decisions made to safeguard individual prisoners.
Sudan
Question
To ask Her Majesty’s Government whether they have made an estimate of how many of the 800 protesters arrested after the September disturbances in Khartoum remain in prison; and whether they have made representations to the government of Sudan.[HL5459]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The Sudanese government’s response to protests in September 2013 over the removal of subsidies led to deaths (estimates vary between 60 and 210), injuries and an estimated 800 arrests. The majority of detainees were released in the following weeks. Local reporting suggests that up to 40-60 protestors may still be in detention. The lack of a public inquiry and the continuing restrictions on the media and civil society make it difficult to confirm these reports. The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Boston and Skegness (Mr Simmonds), issued a statement immediately following the Sudanese government’s crackdown on protestors in late September, calling for a transparent investigation into the events, and has repeated this demand subsequently with the Sudanese Ambassador in London, and with Sudanese government ministers during his visit to Khartoum on 14-16 January 2014.
Transport: Buses
Question
Asked by Lord Davies of Oldham
To ask Her Majesty’s Government what are the means by which the implementation of European Union rules on the disability training of bus drivers will be assessed.[HL5447]
The Minister of State, Department for Transport (Baroness Kramer) (LD): EU Regulation 181/2011 on bus and coach passenger rights came into force in all Member States on 1 March 2013. In order to ensure that UK businesses were not put at a competitive disadvantage compared with their European counterparts, the Government took the decision to make use of a number of time-limited exemptions, including one exempting drivers from mandatory disability awareness training.
However, the Government committed to review the use of this exemption in March 2014 in the light of the industry’s progress with disability awareness training.
The Department for Transport then wrote to industry representatives to encourage the completion of such training at the earliest opportunity (sent by the then Parliamentary Under-Secretary of State for Transport, the Hon Member for Lewes, Norman Baker, on 9th July 2013).
In order to inform the review, I wrote to the bus and coach industry on 24th February to establish the structure and effectiveness of disability awareness training courses used by various organisations and to assess whether a significant upward trend in the provision of disability awareness training amongst drivers has occurred since the exemption's application.