Monday Volume 560 18 March 2013 No. 131

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Monday 18 March 2013

£5·00 © Parliamentary Copyright House of Commons 2013 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 595 18 MARCH 2013 596

Caroline Nokes: In the immediate Romsey area there House of Commons have been several instances of retrospective planning applications involving Traveller sites. What reassurance can my right hon. Friend give my constituents that Monday 18 March 2013 planning law is a level playing field that applies equally to everyone and that local authorities will have more The House met at half-past Two o’clock robust powers to deal with the problem? Mr Pickles: My hon. Friend raises an important PRAYERS point. The Localism Act 2011 gives applicants a chance to appeal either the enforcement notice or retrospective planning. The problem with the previous regime was [MR SPEAKER in the Chair] that it was possible to appeal both and thereby prolong occupation of land where it was inappropriate.

Bill Esterson (Sefton Central) (Lab): A developer in Oral Answers to Questions Lydiate in my constituency has made clear his plans to build in the green belt, despite the existing urban development plan making it clear that it is against the policies. Is not the best way to protect the green belt and COMMUNITIES AND LOCAL GOVERNMENT valuable urban green space to go back to a system with a more regional approach so that there is not this push The Secretary of State was asked— for development in the green belt? Green Belt Mr Pickles: The short answer is no. The regional approach was about handing out targets that were never 1. Mr John Baron (Basildon and Billericay) (Con): met. I have the basic old-fashioned view that his constituents What recent steps he has taken to increase the power of are in a much stronger and better position to decide local authorities to tackle unauthorised development where a development should go than I am. and protect the green belt. [148136] David Wright (Telford) (Lab): There is a real problem 13. Caroline Nokes (Romsey and Southampton North) in Telford, not just with illegal Traveller encroachment (Con): What steps he has taken to increase powers of on green space but on industrial estates, which is really local authorities to tackle unauthorised development. bad for businesses. When companies come to visit Telford, [148149] they do not want to see Traveller encampments all over our industrial estates. There is a mixed land ownership The Secretary of State for Communities and Local pattern, with some owned by the local authority, some Government (Mr Eric Pickles): We have previously made privately owned and some Homes and Communities it absolutely clear that Traveller sites are inappropriate Agency land. Will the Secretary of State meet representatives development in the green belt. We are also considering and me to see whether we can toughen the law to get responses to our recent consultation on proposals to these people moved on so that businesses can operate give councils more freedom to use temporary stop effectively in Telford? notices to take swift and effective action against unauthorised caravans in the green belt and elsewhere. Mr Pickles: It is always a pleasure to meet the hon. This builds on our earlier reforms to strengthen councils’ Gentleman. As he knows, I have a soft spot for Telford. enforcement powers, increase protection for the green I spent a lot of time during the last election trying to belt, and ensure fair play throughout planning. unseat him, without any success. The point about industrial land is a good one. Telford is clearly a key strategic Mr Baron: We are very grateful locally to the Government location and, subject to the consultations, the announcement for their help during the clearance of the illegal Dale that we may or may not be about to make will help with Farm Traveller site. I know that the Government are that process. We have issued guidance to local authorities, considering a series of further measures to tackle but if my sitting down with him and local authorities unauthorised development, which is grossly unfair on to try to work something out would help, I am happy to local communities, but may I urge the Secretary of State do so. to go further than he is considering at the moment? For example, will he consider whether illegal development Council Tax Benefit should become a criminal offence, always bearing in mind what is reasonable? 2. Julie Hilling (Bolton West) (Lab): What assessment Mr Pickles: My hon. Friend has been a doughty he has made of the effect on working families of defender of his constituents and was instrumental in changes to council tax benefit to be introduced in finding a solution to Dale Farm. Should we decide to 2013-14. [148138] give councils more freedom to use temporary stop notices, subject to consultation, they would allow an TheParliamentaryUnder-Secretaryof StateforCommunities unlimited fine, which may give people pause for thought. and Local Government (Mr Don Foster): An assessment The Government are reluctant to make it a criminal of the impact of the Government’s policy framework offence. for localising council tax support is available on the 597 Oral Answers18 MARCH 2013 Oral Answers 598

Department’s website. Local authorities are responsible Local Government Finance for the design of local schemes and the assessment of their impact. 3. Nicholas Soames (Mid Sussex) (Con): What plans he has to close the funding gap between urban and Julie Hilling: In Bolton, 3,200 families will have to rural local authorities. [148139] find up to £15 a week to cover the Government’s cut in housing benefit, and they might also be affected by the 6. Andrew George (St Ives) (LD): What his policy is bedroom tax and tax credit and disability benefit cuts. on the funding gap between rural and urban local Does the Minister agree with Lord Jenkin that for my authorities; and if he will re-open the 2014-15 settlement. families in Bolton West that is a “poll tax mark 2”? [148142]

Mr Foster: Council tax doubled under the previous TheParliamentaryUnder-Secretaryof StateforCommunities Labour Government and it was necessary to take action. and Local Government (Brandon Lewis): I recognise I am pleased that the hon. Lady’s local authority has the case that has been made for funding for rural developed a scheme that protects the most vulnerable authorities. In February we made some adjustments to and ensures that work pays and that, as a result, it has the financial settlement for 2013-14 and confirmed changes an additional £500,000 in the transitional grant. to sparsity top-ups. Nicholas Soames: I thank my hon. Friend for that Andrew Bridgen (North West Leicestershire) (Con): answer, but does he agree that rural authorities are due The Government have stated that all schemes must to receive, on average, a 5.58% reduction in formula contain measures that incentivise local authorities to grant, which is more than two percentage points greater ensure that recipients either stay in work or find work. than urban authorities, which are due to receive, on Does that not show that the reforms are based on average, a 3.54% reduction? Is not that actually extremely ensuring that all those who are willing to and can work unfair and not a sensible way to encourage growth in do work? the rural economy?

Mr Foster: My hon. Friend is absolutely right. We Brandon Lewis: This year we changed the sparsity certainly encourage all local councils, in developing levels within the banding so that the reduction for rural their schemes, to do their utmost to protect the most areas is not as great as that for urban areas, thereby vulnerable while, as he says, ensuring that work pays. slightly narrowing the gap. I appreciate that Members who represent rural areas have made a strong case this Helen Jones (Warrington North) (Lab): Why do Ministers year for going even further, which is why we brought in keep claiming that they are freezing council tax when £9 million-odd in extra finance to help local authorities they are actually increasing it for 700,000 of the poorest servicing those rural communities with deprivation. working people in this country? Does it not say everything about the Government’s priorities that a low-paid couple Andrew George: I am grateful to the Minister for that with children will have to find between £96 and £304 a response, but surely if he will applaud Cornwall council, year, and a single working parent will have to find up to for example, for freezing its council tax this year, he £577, while they are giving a tax cut to millionaires? Is must accept that it has been persistently underfunded not the truth about this Government that, despite their despite being the poorest region of the UK. When will rhetoric, they are giving a slap in the face to hard-working Cornwall and places like it get a fair share of the people while putting out a bowl of cream for the fat available money? cats? Brandon Lewis: The hon. Gentleman is absolutely Mr Foster: May I give the hon. Lady two basic facts? right: Cornwall has frozen its council tax this year. That First, the reduction we have made in council tax benefit is good news for residents across Cornwall, and I am represents less than half of 1% of a council’s budget. pleased that the council decided to do it. Throughout Secondly, as a result of the pressure we have put on the finance-setting debate we discussed the difference local councils, the average reduction in council tax since between rural and urban areas, and that is why we put we took office is now nearly 10%. in the extra money to help to narrow the gap. Over the course of the year, before next year’s settlement, we will continue to discuss the situation with Members representing Jake Berry (Rossendale and Darwen) (Con): Will my rural areas, although I must be clear that only in exceptional right hon. Friend join me in congratulating Conservative- circumstances would we reopen the settlement. controlled Lancashire county council on its decision not to freeze council tax but to give hard-working Mr Gerry Sutcliffe (Bradford South) (Lab): One of families a 2% cut, which will benefit all families whether the reasons for the gap is that urban areas have to deal or not they receive benefit? with the influx of European workers who come here under freedom of movement, and cities such as Bradford Mr Foster: I am more than happy to praise my hon. have to bear the brunt of that. Has the Department Friend’s local council and all those that have done their looked at this issue in relation to the concentration of utmost in difficult times to protect working families new workers coming to areas such as Bradford? through a real-terms reduction in council tax, which makes a huge difference to working people, and at the Brandon Lewis: When we do the setting every year we same time introducing schemes that will protect the look at all the developments in different communities. most vulnerable and ensure that work pays. People are also moving into rural areas. In Norfolk we 599 Oral Answers18 MARCH 2013 Oral Answers 600 would class ourselves as rural, but we have a population The Secretary of State for Communities and Local coming from overseas as well. It is something that we Government (Mr Eric Pickles): Under Labour, council consider across the board. tax more than doubled, hitting pensioners the hardest. We have worked with councils to freeze council tax, Alison McGovern (Wirral South) (Lab): I am proud cutting bills by almost 10% in real terms. This April, to be from Wirral, not least because we are the perfect taxpayers will also have the new right to pay their bills mix of rural and urban together, but people in Wirral over 12 months if they wish to do so, helping those on are suffering from the severity of the Government’s fixed incomes, such as pensioners, to manage their cuts, which are linked to deprivation levels. When will monthly outgoings. the Government say what they will do to tackle deprivation, especially in areas such as Merseyside where it has hit Stephen Mosley: My right hon. Friend is totally correct councils so hard? that the doubling of council tax under Labour hit those on fixed incomes, such as pensioners, the hardest. May I Brandon Lewis: It is sometimes easy to forget, and I welcome the work he has done on this over the past remind the hon. Lady, that an area such as Liverpool three years? Will he endeavour to make sure that the has a much higher base start in the first place. A council tax freeze programme continues until, and beyond, constituency such as mine, which has some very high the next general election? deprivation, has a spending power of £2,200 per dwelling, whereas Liverpool’s is up at about £3,000. There is a big Mr Pickles: That will of course largely be up to the difference in the first place, and we have to bear that in willingness of local authorities to take the freeze or not. mind when we are trying to make comparisons between We managed to stop and to reverse the bill that just kept different authorities. on rising, and that is an important milestone that will Council Tax have enormous effects in putting more money back into people’s pockets. 4. Mr Philip Hollobone (Kettering) (Con): Which county council has set the lowest council tax in England. Andrew Percy (Brigg and Goole) (Con): This year [148140] North Lincolnshire council has frozen council tax for the third year. In this year’s budget-setting meeting, the TheParliamentaryUnder-Secretaryof StateforCommunities opposition Labour group made proposals to cut social and Local Government (Brandon Lewis): Councils are in care to 25% of those in receipt of it, and that was voted the process of setting their budgets for the coming down by the Conservatives. Will the Secretary of State financial year, and we will, as a Department, publish congratulate North Lincolnshire council on protecting official figures in due course. As well as recognising social care for elderly and vulnerable residents in these areas such as Lancashire that have done superb work in tough times? cutting council tax, as has Dorset by 5% this year, I can confirm that Northamptonshire county council currently Mr Pickles: Well, I have to say that I am shocked at has the lowest council tax of any county without a the very thought that the Labour party would cut help separate fire authority. to the most vulnerable, but I am afraid that that has been the pattern throughout the land. Labour has been Mr Hollobone: Northamptonshire county council is hitting the poor and its Members would also have hit proud to have the lowest county-council council tax in pensioners if it had been up to them. the whole of England, and it has frozen its council tax for the past three years. Will my hon. Friend the Minister Local Government: Savings congratulate Councillor Jim Harker and his team of Conservative councillors on Conservative-controlled 7. Amber Rudd (Hastings and Rye) (Con): What steps Northamptonshire county council on delivering the he has taken to help local authorities to deliver sensible most affordable county-council council tax in the whole savings in local government. [148143] country? The Secretary of State for Communities and Local Brandon Lewis: I am absolutely delighted to give Government (Mr Eric Pickles): We have published “50 ways those congratulations. It is superb to see Conservative to save”, a practical guide to councils on how they can county councils across the country, of which my hon. save money and still protect front-line services. We are Friend’s is a particularly good example, working hard also supporting councils with more detailed guidance, to deliver cost-effective services for their residents. It is including how to save money by scrapping taxpayer also appropriate to say, while I am at the Dispatch Box, funding of trade unions and sacking town hall pilgrims. that his district council should be commended for the excellent work it is doing on freezing council tax. It is Amber Rudd: My own Hastings borough council has taking this financial settlement in the right way and recently entered into a shared recycling and waste service looking to the future in terms of how it can deliver with three other local councils, saving up to £600,000 for growth for its area and thereby create real benefit for its Hastings alone. Does the Secretary of State have any residents locally. other suggestions for shared services that councils can Council Tax: Pensioner Assistance enter into in order to make greater savings?

5. Stephen Mosley (City of Chester) (Con): What Mr Pickles: My hon. Friend will recall that Hastings steps he has taken to help pensioners with their council was the council that the previous Labour Administration tax bills. [148141] forgot, in that they abandoned it with regard to the level 601 Oral Answers18 MARCH 2013 Oral Answers 602 of grant and we had to put in transitional measures to The Minister for Housing (Mr Mark Prisk): The number help it. I recently met the leader of Hastings council, of new homes started in the year to April 2012 was who suggested his willingness to work alongside us to 105,090. Overall, the net additions to the housing stock increase the council’s efficiency. Adur and Worthing stood at 134,900, the highest level for four years. councils are not far away and have saved more than £9 million by forming a single senior officer structure Mr Raynsford: I draw attention to my interests in the and by sharing services. I urge my hon. Friend to urge register. her council to adopt a similar approach. I remind the Minister that the number of new starts in 2012 was fewer than 100,000. The latest figures from 21. [148157]Mr Barry Sheerman (Huddersfield) (Lab/ the National House-Building Council show that private Co-op): Is the closure of children’s centres one of the sector housing starts were down 13% in the three months Secretary of State’s top 50 ways to save money? Many to the end of January 2013, and those for affordable local authorities are closing them because of the housing starts for the same period showed an annual economic situation they find themselves in and the lack fall of 19%. Do not those figures show a terrible story of Government support. of the failure of the Government’s housing policy?

Mr Pickles: Conservative councils throughout the Mr Prisk: I am sorry to disappoint the right hon. country are doing exactly the opposite. It is about time Gentleman, who was an experienced Minister performing that Labour councils stopped shroud waving and accepted my role in the last Government, but if we look at that they do these things under their own decision. If completions—homes that families can actually move into they want additional resources, there is nothing to —we see that there has been a rise of 8% over the past prevent them from applying for an increase in council two years. I would have thought that the Labour party tax. The only problem, of course, is that they have to welcomed that. persuade their population of that, so I suggest that the hon. Gentleman become slightly more silver tongued 19. [148155] Mr James Gray (North Wiltshire) (Con): with his population than he is with me. Does the Minister agree that one problem is that developers buy large quantities of land and get planning permission 20. [148156]Andrew Selous (South West Bedfordshire) for it, but do not build on it? That means that when the (Con): Central Bedfordshire council has managed to next lot come along and ask for planning permission for reduce its costs by £52 million while maintaining and, in more land, they get it because not enough houses are some cases, even improving standards. Does the Secretary being built. Surely it is time that we had time-limited of State agree that where Central Bedfordshire leads, constraints on planning permission so that developers other councils could usefully follow? are required to build on land before the planning permission runs out of time. Mr Pickles: That is, of course, true of many things that Central Bedfordshire does. I urge my hon. Friends Mr Prisk: The key issue is that by getting rid of to be careful about making such points because of the regional spatial strategies and moving towards local pain they are causing Labour Members, whose stress plans, under this Government local people and their levels are enormous. They obviously feel desperately representatives will have the opportunity to set that ashamed of their own Labour councils. agenda. I take my hon. Friend’s point. We want to ensure that planning permissions are used properly. Graham Jones (Hyndburn) (Lab): I draw the House’s attention to my entry in the Register of Members’ Jack Dromey (Birmingham, Erdington) (Lab): With Financial Interests. the toxic combination of the biggest housing crisis in a Lancashire county council has just produced a 12-page, generation and a flatlining economy, Britain badly needs full-colour newspaper of propaganda on the rates, which a Budget for jobs, homes and growth. We are now told the Secretary of State has criticised in the past. Does he that there is to be the fourth “get Britain building” agree with 12-page, full-colour propaganda being put launch. Will the Minister confirm that the third launch out just before an election, wasting ratepayers’ money? last September of a £10 billion guarantee fund has seen not one brick laid and not one house built? Will he explain why, if his policies are working, housing starts Mr Pickles: I tell you what: if every council cuts its fell by 11% in 2012 to just 98,000? Has the time not council tax by 2%, I might re-look at some of the come for the Government to stop talking and start unpleasant things I have talked about. I will look carefully building? at what the hon. Gentleman has mentioned, but I suspect that it is an honest assessment of the current Mr Prisk: As always, the hon. Gentleman provides situation, that it gives information to people and that entertaining rhetoric, but the facts are wrong. The net we will not find horoscopes or TV listings in it. Lancashire addition to the housing stock, taking into account new has a vibrant local press. homes and our work on empty homes, which we rarely hear about from the Labour party, is 11%. He needs to rehearse his rhetoric more often. Housing Mr Speaker: Order. If the hon. Member for Mid 8. Mr Nick Raynsford (Greenwich and Woolwich) Dorset and North Poole (Annette Brooke) had been (Lab): How many new homes were started in England standing, I would have called her, but she was not, so in 2012. [R] [148144] perhaps I will not. If she wants to, I will. 603 Oral Answers18 MARCH 2013 Oral Answers 604

22. [148158]Annette Brooke (Mid Dorset and North Caroline Lucas (Brighton, Pavilion) (Green): Is the Poole) (LD): I was going to stand on the next Question. Minister aware that some housing associations are excluding Will the Minister for Housing consider a mechanism by poorer people from tenancies because of concern over which the borrowing capacity of an authority that has their ability to pay in the face of Government welfare chosen not to use or is unable to use all its borrowing cuts? Southern Housing Group, for example, has said facilities can be passed to an authority that, in turn, that reluctantly it tends to let affordable homes in new could facilitate arm’s length management organisations schemes only to working households. Will the Minister to build housing when there is capacity to do so? tell the House who exactly will house vulnerable people who are being excluded by housing associations as a Mr Prisk: The hon. Lady is slightly ahead of herself. result of this Government’s so-called reforms? We are considering such issues when we consider the spending review in the round. I will consider her Mr Foster: I am grateful to the hon. Lady for bringing representations carefully. the House’s attention to that case. I was not aware of it and if she is prepared to provide me with the details I Catherine McKinnell (Newcastle upon Tyne North) would be willing to meet her to discuss the issue she (Lab): A recent report by Shelter, “The Rent Trap”, raises. shows that rents are rising across the country by an average of £300, but that people are struggling to pay Simon Hughes (Bermondsey and Old Southwark) them because of stagnating wages. Does the Minister (LD): Many Liberal Democrat councillors around England accept that the housing shortage is putting up rents? would like to see more council housing and housing association property built in their areas. What can the Mr Prisk: I accept that the sad loss of 421,000 social Government do to encourage and support both those homes under the last Labour Government has created, initiatives? to use the words of the hon. Member for Birmingham, Erdington (Jack Dromey), a deep-seated housing crisis. Mr Foster: My right hon. Friend has long championed However, the picture on rents is more mixed than the the importance of local councils being able to do more hon. Lady suggests. In some areas, rents have risen, but in developing further housing for people in their areas, the overall evidence suggests that over the past 12 months and he must wait just a few days for a further announcement they have been static. on that issue. As I have already said, given the changes that the Government have made to the housing revenue account system, £2.8 billion is still available for local Social Housing councils to spend on housing.

9. Richard Graham (Gloucester) (Con): What steps Planning: Rural Areas he has taken to enable social housing managers to provide new housing. [148145] 10. Miss Anne McIntosh (Thirsk and Malton) (Con): What recent representations he has received on the TheParliamentaryUnder-Secretaryof StateforCommunities implementation of the national planning policy framework and Local Government (Mr Don Foster): The coalition in rural areas; and if he will make a statement. [148146] Government’s reforms of council housing finance have given local authorities direct control of their rental TheParliamentaryUnder-Secretaryof StateforCommunities income. That has given them the freedom to borrow and Local Government (Nick Boles): I receive representations nearly £30 billion, of which £2.8 billion remains available from all sorts of people, and most of them—I am glad to use for new housing. to say—recognise that local authorities are making excellent progress preparing local plans, and that the Richard Graham: The Minister and his colleagues framework is helping those deciding planning applications know how keen I am to help restructure Gloucester’s to strike a balance between the protection of our social housing arm’s length management organisation, environment and support for sustainable development. Gloucester City Homes, which is one of The Sunday Times top 100 employers, so that it can play a significant Miss McIntosh: Will my hon. Friend clarify advice role in providing homes in Gloucester without adding that he recently made public about building wind farms to the public sector borrowing requirement. My hon. in inappropriate areas where there will be blight on the Friend the Minister for Housing sees the importance of countryside, and on building on flood plains which may that to Gloucester’s growth and regeneration. Will he also be inappropriate? agree to see me before the Easter recess to discuss where the talks have got to and how we can make things Nick Boles: My hon. Friend will be aware that the happen? Minister of State, Department of Energy and Climate Change, our hon. Friend the Member for South Holland Mr Foster: My hon. Friend is right to give huge and The Deepings (Mr Hayes), has issued a call for praise to Gloucester City Homes, which is an excellent evidence on the role of communities in helping decide arm’s length management organisation. I congratulate applications for wind farms. That evidence is now being him on the pressure he is putting on my Department to considered and the Minister and I will meet soon to ensure that we bring forward as quickly as possible a discuss what implications it should have for local plans. new scheme to support housing transfers. While the The national planning policy framework is clear about Minister for Housing will be keen to meet him beforehand, the importance of taking flood plains into account I am sure that we will make an announcement later in when preparing local plans and making decisions on the spring. appropriate development. 605 Oral Answers18 MARCH 2013 Oral Answers 606

Roberta Blackman-Woods (City of Durham) (Lab): him that the Secretary of State, in all planning decisions, Last year while considering the national planning policy takes into account economic benefits, and all other framework, the then Planning Minister failed to listen impacts on the economy and the environment. to Labour Members and the many campaign groups who said that, with no assistance, 12 months would not Mr Clive Betts (Sheffield South East) (Lab): Les be long enough to get all areas covered by local plans. Sturch, the head of planning and development at Sheffield We now learn that 52% of local authorities do not have city council, has drawn to my attention what I assume is a local plan in place. Will the current Minister learn an unintended consequence of chapter 6, paragraph 47 from his predecessor’s mistakes and act now to ensure of the national planning policy framework, which requires that those areas unprotected by a new local plan are local authorities to identify in their local plans a five-year not inundated with inappropriate development when supply of sites that are deliverable and viable. The transitional arrangements end in nine days’ time, or is problem is that developers say that, in the current that part of his scheme to replace planning with chaos? circumstances, most brownfield sites are not viable. That forces the local authority to go back and identify Nick Boles: The hon. Lady would be arguing on far more greenfield sites for development than the stronger ground if she admitted that, under the previous local community wants. That is happening all around Government, by May 2010 only 17% of local authorities the country. Will the Minister meet me and officers had a local plan adopted, and 32% had one published. from Sheffield to discuss how that situation could risk Now, 48% of local authorities have plans adopted and completely undermining the Government’s “brownfield 71% have plans published. Progress has been excellent first” policy? and we will keep the pressure on local authorities to produce those plans. Nick Boles: I would be happy to meet the hon. Sir Bob Russell (Colchester) (LD): Is the Minister Gentleman, who is Chair of the Select Committee on concerned about urban creep into rural areas destroying Communities and Local Government and very the open countryside within urban fringe fields and knowledgeable on the subject. There is no point putting between towns and adjoining villages? into a plan sites that have no chance of being developed. A balance needs to be struck on whether they are Nick Boles: I would be concerned if that were happening, potentially viable. but it is not and so I am not concerned. Sir Tony Baldry (Banbury) (Con): In north Oxfordshire, Mr Speaker: I call Sir Tony Baldry we want to build new houses on former Ministry of Defence brownfield land; we want new social housing, Sir Tony Baldry (Banbury) (Con): I was waiting for a new self-build housing and new housing; and we want a question from my hon. Friend the Member for new garden city in Bicester. Will Ministers assist us in Wellingborough (Mr Bone)— our endeavours? Mr Speaker: I normally think the hon. Gentleman is waiting behind the curve but he is ahead of the curve Nick Boles: That is exactly the kind of local leadership and we are grateful to him for that. After 30 years in the that we are looking for, and that we believe will produce House his enthusiasm is undiminished. more housing development that is more acceptable to local people, unlike the failed top-down approach of Brownfield Sites the previous Government.

11. Mr Peter Bone (Wellingborough) (Con): What Barry Gardiner (Brent North) (Lab): I was astonished steps he is taking to encourage development on brownfield but delighted to hear the caveat that the Minister inserted sites. [148147] in his initial response to the question—that brownfield developments should be environmentally suitable. Does TheParliamentaryUnder-Secretaryof StateforCommunities he acknowledge that many brownfield sites have specific and Local Government (Nick Boles): I hope that in value for what is often unique biodiversity on previous 30 years’ time my enthusiasm will be equivalent. industrial and chemical sites? The national planning policy framework is clear that planning should encourage the effective use of land by Nick Boles: I thank the hon. Gentleman for making reusing brownfield land if it is not of high environmental that point, because it is an extremely important one. value. That is why we changed the policy from the one adopted by the previous Government, under which there was a Mr Bone: I thank the wise, intelligent and helpful strong, blanket nudge to use brownfield land. We are Minister for that answer. In my constituency, we have a saying that if the brownfield land is of high environmental derelict brownfield site at Rushden Lakes Skew Bridge. value, it should not be a priority for development. The local Conservative-controlled council has given planning permission for a large retail and leisure development, which will create 2,000 new jobs. Does the House Building Minister agree that that is exactly the sort of project the economy needs? 12. Andrew Gwynne (Denton and Reddish) (Lab): Nick Boles: My hon. Friend is aware that that application What recent assessment he has made of the results has been called in by the Secretary of State. I therefore of Government schemes to increase house building. cannot comment on it specifically, but I can reassure [148148] 607 Oral Answers18 MARCH 2013 Oral Answers 608

The Minister for Housing (Mr Mark Prisk): The TheParliamentaryUnder-Secretaryof StateforCommunities Government monitor the rate of house building very and Local Government (Nick Boles): Following Upper closely. For example, we have completed 58,000 affordable Eden’s resounding yes vote in the first neighbourhood homes in 2011-12. We assess that to be one third higher planning referendum on 7 March, the Under-Secretary than the average delivery of affordable homes in the of State for Communities and Local Government, my 10 years before the last general election. right hon. Friend the Member for Bath (Mr Foster), announced a £9.5 million support programme for the Andrew Gwynne: But the Prime Minister over-hyped next two years. This will offer direct support and grants his NewBuy guarantee by saying that it would help of up to £7,000 to help more communities follow in around 100,000 families to access affordable mortgages—so Eden’s footsteps. far, only 1,500 households have benefited from that initiative. Will the Minister pull his finger out and help Laura Sandys: Communities in Sandwich, Ramsgate, the 98,500 families that were promised access to affordable Broadstairs and Margate are keen to take up local mortgages by the Prime Minister? neighbourhood planning. What would you say are the critical success factors, and what are you giving local Mr Prisk: The NewBuy and Firstbuy schemes have authorities to support these communities develop exciting helped nearly 20,000, which is in sharp contrast to new planning? Labour’s social homebuy scheme, which was launched in 2005. It promised to help 5,000 people, but five years Mr Speaker: Order. I am not giving local authorities later had helped just 384. anything for this purpose, but I have a feeling that the Minister will claim that he is. Greg Mulholland (Leeds North West) (LD): In the Leeds city council area, developers are exploiting the Nick Boles: Indeed we are. In 2013-14, we are offering planning framework to build expensive housing on local authorities £30,000 per neighbourhood plan to greenfield land. At the same time, there is an acute help communities defray the costs of achieving their shortage of social housing, and there are empty homes, plan. The most important success factor is to involve in Headingly and Hyde Park. Will the Minister join me local people, consult them throughout the process, and in encouraging Leeds city council to use its powers to then remind them that an adopted neighbourhood plan buy some of those homes for social housing, which they will bring 25% of future revenues from the community can do under new powers? infrastructure levy, which can be spent by the community on its priority. Mr Prisk: As a localist Government, we want to ensure that we are not directing councils, but clearly, those powers and the additional funds we have brought Energy Efficiency: New Homes forward for empty homes are important tools that should be used by all authorities. 15. Andrew Stunell (Hazel Grove) (LD): What steps he is taking to address the gap between the energy Stella Creasy (Walthamstow) (Lab/Co-op): In answer efficiency standards for new homes and their energy to the question from my hon. Friend the Member for performance. [148151] Newcastle upon Tyne North (Catherine McKinnell), the Minister seemed to suggest that the cost of rent is a TheParliamentaryUnder-Secretaryof StateforCommunities mixed picture across the country. Let me be clear: and Local Government (Mr Don Foster): It is vital that research from Shelter shows that rents have gone up in new homes achieve the levels of energy performance 83% of areas. In my community alone, families are expected, and not all are. The industry has put together spending 60% to 70% of their monthly income on a programme of work led by the zero carbon hub to housing. Can I again press the Minister to say whether identify problems and put in place solutions. The he thinks that the shortage of housing is causing a cost Department is pleased to be able to support, through a of living crisis, and what is he going to do to ensure that grant, the hub’s work. families keeping a roof above their heads do not have to go without food on their tables? Andrew Stunell: I welcome my right hon. Friend’s words. I draw his attention to the Prime Minister’s Mr Prisk: Let us look at the figures. Shelter’s numbers speech on 4 February to the Royal Society, in which he relate solely to new rental and not to the whole market—a set out the Government’s intention to be the most very small proportion. Have we inherited a crisis? We energy efficient country in Europe. Will my right hon. have taken on difficult circumstances. Unlike the previous Friend take that as strong encouragement to publish the Government, under whom 421,000 affordable homes revisions to part L and the improvement in building were lost, we are committed to ensuring that there are energy efficiency, which are somewhat overdue? 170,000 more. We are committed to building more rented, social and owner-occupied housing. Mr Foster: I thank my right hon. Friend. I am always Neighbourhood Planning happy to take advice from my right hon. Friend the Prime Minister, but I can assure both my right hon. Friend and the Prime Minister that I hope to make an 14. Laura Sandys (South Thanet) (Con): What steps announcement before the summer about improvements his Department is taking to support neighbourhood in the energy efficiency of buildings in part L of the planning. [148150] building regulations. 609 Oral Answers18 MARCH 2013 Oral Answers 610

Luciana Berger (Liverpool, Wavertree) (Lab/Co-op): Brandon Lewis: I have to congratulate the hon. I hope that the Government will honour their zero Gentleman, who spoke about this last week at the Local carbon home commitments. Yesterday I was at the Ideal Government Association’s fire conference, on his ability Home exhibition, and I understand the housing Minister to start a campaign to stop something that was never will be visiting it on Wednesday. In the exhibition is a started in the first place. As I have outlined, the simple home on which the Government have spent thousands fact is that Labour-led Cleveland fire authority wants to of pounds to promote their green deal energy efficiency consider mutualising. Unlike the Labour party, it seems, scheme. Do the Minister and the Department share my we are happy to support employee ownership in mutuals, serious concern that there is no one on hand to explain and will continue to do so. I hope that the Labour party to the public what the green deal scheme is, or to answer will go back to supporting co-operatives. any questions they may have? Council Tax Benefit Mr Foster: We will certainly have a look at attendance at the exhibition, but already 1,803 green deal assessments 17. Mr Stephen Hepburn (Jarrow) (Lab): What plans have been lodged and 77 green deal assessor organisations he has for reform of council tax benefit; and if he will are in place. We are making significant progress, but I make a statement. [148153] will look at the point raised by the hon. Lady. TheParliamentaryUnder-Secretaryof StateforCommunities Fire and Rescue Services and Local Government (Brandon Lewis): Council tax benefit was abolished and replaced by local council tax 16. Rushanara Ali (Bethnal Green and Bow) (Lab): support schemes in the financial settlement and will What representations he has received which support take effect from 1 April. We must remember that council the privatisation of fire and rescue services. [148152] tax benefit spending more than doubled under the previous Administration. Our reforms mean that local TheParliamentaryUnder-Secretaryof StateforCommunities authorities will have control over what they do locally and Local Government (Brandon Lewis): The short answer and an incentive to drive local economic growth. is none. The Labour party’s claim that the Government are privatising, or seeking to privatise, the fire service is Mr Hepburn: Thousands of the poorest families in completely untrue. Rather, we are supporting locally led my constituency are facing huge council tax rises as a mutuals and co-operatives, which I would have thought result of the changes to council tax benefits. Will the the Labour party would have backed, given that its Minister try to justify on the one hand slapping down coalition partner is the Co-operative party. poor people—people who live from hand to mouth day after day—while on the other hand giving millionaires Rushanara Ali: The fire service Minister has written tax cuts? to the Chair of the House of Commons Regulatory Reform Committee outlining plans that could lead to Brandon Lewis: I call on the hon. Gentleman to put 112 fire stations across Greater London being run by a pressure on his local authority to come up with a really private company. Why is he planning to take such risks? good scheme that delivers good local growth and protects I do not agree that there is no plan. We know already people. The Government have put in place support to that companies such as AssetCo have cost taxpayers protect the most vulnerable, as well as setting out guidelines millions of pounds. Will he give a straight answer? to protect pensioners. I am disappointed that he could not persuade his local authority to do the right thing, Brandon Lewis: I just did. The Labour party is giving like many Conservative authorities are doing. out information that is simply not correct. We are Topical Questions looking to work with an area such as Cleveland, for example, where the Labour-led fire authority wants to mutualise. We think that mutualisation is good and the T1. [148161] Mr John Baron (Basildon and Billericay) right thing to do, so I am disappointed that the Labour (Con): If he will make a statement on his departmental party seems to be turning away from co-operatives and responsibilities. mutuals. I would have thought it supported them, given the discussion in a recent publication by the Co-operative The Secretary of State for Communities and Local party containing a foreword endorsed by the leader of Government (Mr Eric Pickles): The Government today the Labour party. published their response to Lord Heseltine’s comprehensive report, which reinforces the Government’s local approach Chris Williamson (Derby North) (Lab): Nobody believes to growth and the economy and would give more powers the housing Minister—the fire Minister, I mean, although to councils and local enterprise partnerships. I have also I do not believe the housing Minister either, given his announced today the revocation of the regional strategies answers to previous questions. Nobody believes the fire for the east midlands and the north-east, showing that Minister when he says he has no plans to privatise the we are transferring power down to local communities fire and rescue service. After all, the Conservative party from Whitehall and unelected regional quangos. Also, has form on this. If he does not want to privatise it, why as religion comes within my Department, I would like did he write to the Regulatory Reform Committee to take this opportunity to wish His Holiness the Pope a seeking its views long and fruitful ministry. “on our proposals for a Legislative Reform Order that would enable fire and rescue authorities in England to contract out their Mr Baron: I thank the Secretary of State for his full range of services to a suitable provider, including a public response, but may I suggest that a bit more clarity about service mutual...or other appointed contractor?” the duty, set out by the Government, to co-operate with 611 Oral Answers18 MARCH 2013 Oral Answers 612 neighbouring authorities when identifying land for TheParliamentaryUnder-Secretaryof StateforCommunities development would be helpful for local councillors? and Local Government (Mr Don Foster): I thank my For example, if one council asks another for help or hon. Friend; she is absolutely right. She knows that the co-operation, but that council refuses, has the box been Government are keen to see building on brownfield ticked or is there further recourse? land where it is not of environmental value. We have provided a number of separate funds to help to unlock Mr Pickles: We will be issuing further guidance that. The Residential Landlords Association is now on the duty to co-operate. My hon. Friend makes an coming forward with some other interesting, additional important point, because this is a new thing. This and ideas for ways to move forward and we look forward other adjoining measures are designed to ensure that to hearing those proposals. local authorities, in co-operation with their local enterprise partnerships, start to think strategically, and from small Lorely Burt rose— beginnings I expect this to grow. Mr Speaker: Order. The hon. Lady does not get a Hilary Benn (Leeds Central) (Lab): All round the second bite of the cherry. She has had one go. She may country, hundreds of thousands of low-income households feel like another, but I am not sure the House will are starting to receive letters from their councils telling necessarily feel the same way. We are grateful to her; we them that they will be hit by the Secretary of State’s new will bear her in mind for another day. poll tax, so taking money out of their pockets. Can the right hon. Gentleman tell the House how many people T4. [148164] Debbie Abrahams (Oldham East and in his local authority of Brentwood are being affected? Saddleworth) (Lab): Oldham council estimates that more than 2,500 households will be affected by the Mr Pickles: I was giddy with excitement, along with bedroom tax, yet there are only 500 one-bedroom flats my constituents, to learn that the right hon. Gentleman that families are able to move into. Knowing that, why paid us a visit last Thursday to see the Labour group. did the Government make funding available for only There are two members on the Labour group; they are 100 new affordable homes to be built last year? called Mike and Julie. We have to point out that each local authority has to come to its own decision and publish its own facts. We do not do this centrally Mr Pickles: Oldham should put in a scheme that anymore. We also need to understand that each local protects those people from having to pay anything. I authority is responsible for its schemes. have to say that people in Oldham pay £900 a year per household to subsidise housing benefit. If they want to Hilary Benn: The Secretary of State has imposed the pay more to subsidise it, they can do. tax, but he does not even know what is going on in his own local authority. I will tell him the answer to the T6. [148166] Miss Anne McIntosh (Thirsk and Malton) question: Brentwood council says that 2,000 households (Con): May I ask my dear chum the Secretary of will be affected. Last week on my visit I did indeed meet State for his advice on the help available from his one of those affected. She was a woman who will be hit Department for community projects such as the Pickering by the bedroom tax and by his new poll tax. She cannot “Slow the flow” defence project and the Filey swimming afford it. She will probably have to move out of the area pool? Will he give me a teach-in on how we can apply with her son, taking her away from friends, family, for such help and the criteria that we would have to neighbours and the support that she relies on. She does meet? not think it is fair, I do not think it is fair; what has he got to say to her? Mr Pickles: It is always a great pleasure to meet my honourable chum. Perhaps, shortly after these deliberations Mr Pickles: In the town hall, the Labour party has a are concluded, she will join me for a warming beverage very small room, and everybody heard what she had to in the Tea Room. say and everybody heard him planning this particular question. The figures he has produced are approximate, T5. [148165] Rosie Cooper (West Lancashire) (Lab): because nobody entirely knows yet. He knows that any West Lancashire borough council has just entered into figure with a nought at the end is an approximate an agreement with One Connect, a joint venture figure—or he should know that. It is about time that he between Lancashire county council and BT to provide and the Labour party woke up to their responsibilities. specified services. What steps is the Secretary of State If they are imposing a tax on the poor, it is entirely up taking to ensure that all councillors on both authorities to the local authorities to act. They have the power—indeed, will not be prevented from exercising their fiduciary a number of authorities have the power—to remove this duty to their council tax payers under the guise of completely, but they hide behind and seek to persecute commercial confidentiality? Will he investigate the and to tax the poor. openness and transparency of those arrangements in I know that the right hon. Gentleman knows plenty relation to the use of public moneys? about a bedroom tax, because he has got plenty of spare bedrooms himself. Mr Pickles: I think I have actually visited that site and that venture of co-operation. It is a very good T2. [148162] Lorely Burt (Solihull) (LD): What thing, and I think it will help out the process. If the hon. assessment has been made of the number of new Lady has a particular problem about a lack of transparency homes that could be built if relatively small patches of in relation to the importance of councillors ensuring local authority-owned brownfield land could be sold to that their constituents are treated fairly, I will happily provide private landlords for house building? look into it. 613 Oral Answers18 MARCH 2013 Oral Answers 614

T8. [148168] George Eustice (Camborne and Redruth) will he give to local authorities on the retention of (Con): Will the Secretary of State update the House on marriage registrars once the Marriage (Same Sex Couples) the progress on implementing the Government’s home Bill becomes law? on the farm policy, which will make it easier to develop housing on derelict farm sites to meet local needs? TheParliamentaryUnder-Secretaryof StateforCommunities and Local Government (Brandon Lewis): I am very happy Mr Foster: I am delighted to be able to tell my hon. to look at this matter. The hon. Gentleman asks a fair Friend that the Department is having discussions with question and I am happy to have a discussion with him the National Farmers Union and with local authorities about it once the Bill becomes law. on ways of developing the scheme further. A number of neighbourhood plans have already produced some exciting Steve McCabe (Birmingham, Selly Oak) (Lab): The ways of addressing the problem, and he can look forward Secretary of State is on record as saying that councils to hearing further announcements on the issue in the that flout the law in the Regulation of Investigatory near future. Powers Act 2000 should face justice, so why have 27 local authorities spent millions of pounds of taxpayers’ money on flouting the law by employing private T7. [148167] Graham Jones (Hyndburn) (Lab): The investigators to conduct unauthorised surveillance Government talk about localism, but they still set the operations? caps for the licensing of various shops in town centres, including bookmakers and sex shops. Will they consider Mr Pickles: I believe the law has been changed. These abolishing those caps and allowing local people and powers can be secured only on application to a magistrate. local authorities to set the levels? If an application to a magistrate has not been made, the law has been broken and criminal sanctions will apply. Mr Pickles: That is an interesting and brave request, and I will consider it. Michael Fabricant (Lichfield) (Con): I spent Sunday afternoon at the launch of the Heseltine review under Neil Carmichael (Stroud) (Con): Does the Secretary the auspices of the Greater Birmingham and Solihull of State agree that neighbourhood planning is an excellent local enterprise partnership, chaired by Andy Street, example of localism and that its empowerment of local whom I know you know, Mr Speaker. It was a real communities, through producing statutory powers enabling pleasure to see the leader of Birmingham city council, them to plan, makes a great difference? whose name I have temporarily forgotten—no, it is Sir Albert Bore—a Labour councillor, support this. Mr Foster: As the Under-Secretary of State for Does my right hon. Friend agree that this is a real step Communities and Local Government, my hon. Friend forward for the midlands, and will he soon go up to the the Member for Grantham and Stamford (Nick Boles), midlands to help with this exciting project? has said, some 500 communities are already availing themselves of the opportunities provided by neighbourhood Mr Pickles: Obviously, I regret that my hon. Friend planning. We have made additional funds available to forgot the name of Sir Albert Bore—an important man take the scheme forward, and he will be aware of the in local government who I am pleased to say seems to exciting developments that are really putting communities have changed his tune. He was predicting disaster; he back in control of what is happening in their local areas. was predicting that all kinds of things would go terribly wrong—yet here we are, with him co-operating with the Government. That is a marvellous sign for the future. T9. [148169] Tristram Hunt (Stoke-on-Trent Central) (Lab): Contrary to the Minister’s answer, the national Ian Lavery (Wansbeck) (Lab): Can the Minister confirm planning policy framework is proving to be an all-too- that in order to proceed with the mutualisation of the predictable fiasco—not least because we predicted it fire service in any region, there must be full agreement would be. The lack of sequential planning has put among all the employees in that region? greenfield sites above brownfield regeneration, endangering cities and countryside alike. When will Ministers rethink this disastrous strategy, stop the sprawl, revive our cities Brandon Lewis: I can confirm that we are looking at and promote affordable homes? how to work with Cleveland to deliver a mutual fire service, if it wants to do it that way. We are working through this at the moment and may be looking at TheParliamentaryUnder-Secretaryof StateforCommunities consultation. We will go through that process and look and Local Government (Nick Boles): The hon. Gentleman at the feedback we get from it. can use as much purple prose as he likes—his books are full of it, and very good they are, too—but that will not Mr Philip Hollobone (Kettering) (Con): Will the Planning change the fact that the national planning policy framework Minister instruct the planning inspectorate not to sanction is succeeding far better than any previous planning on appeal entirely inappropriate housing development regime in getting local authorities to draw up local outside town and village envelopes using the five-year plans that put them in charge of making decisions rolling housing supply targets where the local authority about development in their areas. That is the truth, and concerned is doing all it can and more to meet Government he knows it. guidelines on the development of local plans?

Duncan Hames (Chippenham) (LD): I know that the Nick Boles: What I can confirm is that the planning Minister will want to avoid unnecessary job losses in inspectorate will interpret the national planning policy front-line local government services, so what guidance framework and the policies contained in local plans and 615 Oral Answers18 MARCH 2013 Oral Answers 616 arrive at decisions that reflect the policies in both those action, the full permission of the council is needed documents. What I cannot do is give any particular before embarking on such an event. The case also instruction not to do something in a particular place, illustrates the need to ensure that new technology should but national policy and local plans will be followed. be allowed in the council chamber.

Jonathan Edwards (Carmarthen East and Dinefwr) Simon Danczuk (Rochdale) (Lab): I have been contacted (PC): I noticed on Twitter that the Secretary of State by a Rochdale retailer who has just two instalments to shares my concern about the libel case brought by the pay on his business rates and should get until the end of chief executive of Carmarthenshire county council against month to pay them. The council has involved the courts a local blogger, which was paid for by public funds. and the bailiffs are banging on the door, threatening to Now that the trial has concluded, will the right hon. close the business down. Is this any way for a council Gentleman consider amending the guidance and, if to act to improve the high streets? Will the Minister necessary, legislating to ensure that senior public officials have a look at this? do not use public money to fund such actions? Brandon Lewis: I will happily have a look at it. I have to say that the local authority should do what it can to Mr Pickles: This is a matter for the Welsh Assembly. help deliver further economic growth locally by working We have taken regulations within England that say with businesses, but if the business rates were due, the basically that the use by senior officers of libel provisions authority would obviously have to go through proper should be a shield and not a sword and that, should a due process. I will be happy to talk to the hon. Gentleman chief executive or senior member seek to initiate an outside the Chamber about this matter. 617 18 MARCH 2013 Cyprus 618

Cyprus in the country reach the intended recipients, all future pension payments made by the Government to British 3.33 pm citizens there will be temporarily put on hold until at The Financial Secretary to the Treasury (Greg Clark): least tomorrow. That will allow us to take stock of With your permission, Mr Speaker, I shall make a developments in Cyprus. All UK pensioners in the statement about banks in Cyprus. country can be assured that their future pension payments are being held safely, and that a normal payments In the light of the financial difficulties faced by the service will resume as soon as the situation has become Republic of Cyprus, that country’s Government have clear. However, recipients of these payments can switch requested a programme of financial assistance from its the bank account into which payments are made with fellow members of the eurozone. Britain is obviously immediate effect by contacting the international pensions not part of the eurozone and was not party to the centre, the details of which are available on the website negotiations, and there is no contribution from the of the Department for Work and Pensions. United Kingdom, either through the European financial stabilisation mechanism or bilaterally. As soon as more information on the final measures taken is available, I will arrange a briefing for Members At the end of a meeting of eurozone Finance Ministers whose constituents have been caught up in the situation. at the weekend, it was announced that it had been I understand that this is a worrying time for other agreed with the Cypriot Government that a programme British nationals who have deposits in banks in Cyprus, of assistance worth up to ¤10 billion would be provided, but, as Members will be aware, deposits in Cypriot subject to the following measures: a fiscal consolidation banks are subject to the laws and regulations of the amounting to 4.5% of Cyprus’s gross domestic product Republic. Ministers from the Foreign Office, the Ministry over four years; a privatisation programme to raise of Defence and the Department for Work and Pensions ¤1.4 billion, or 8% of GDP; an increase in corporation will update the House as soon as they have information tax from 10% to 12.5%; a gold and assets swap from the that is relevant to their areas, and will keep the House reserves of ¤1.5 billion, or 8.5% of GDP; a withholding updated. tax on interest of ¤1 billion, or 6% of GDP; and a levy on deposits of ¤5.8 billion, worth 33% of Cyprus’s This is a worrying situation, not only for the people GDP, which, it has been reported, will consist of a of Cyprus but for many of our constituents. It is a 6.75% levy on deposits below ¤100,000 and a levy of situation that is uncertain and subject to change, and I 9.9% on deposits above ¤100,000. In return, the assistance will return to the House with updates as events become package will allow ¤5 billion-worth of bond redemptions, clearer. However, I wanted Members to have the excluding the Russian loan which will mature in 2016; opportunity to be informed from the outset of what is ¤2 billion-worth of deficit financing, less privatisation known so far. proceeds; and an injection of ¤4.5 billion into the banks’ balance sheets. 3.38 pm The agreement established terms of reference for an Chris Leslie (Nottingham East) (Lab/Co-op): The independent evaluation of the implementation of the terms of the Cypriot bank bail-out are extremely anti-money-laundering framework in Cypriot financial concerning, and the market reaction today may be only institutions. the beginning of the fallout. While it is, of course, Those are the main features of the agreement, but important for the Cypriot banks to be put on a secure parts of it, including the deposit levy, require legislation footing, it is extremely dangerous to wider economic in the Cypriot Parliament, and that is expected to be confidence for the fundamental trust of retail depositors considered tomorrow. Accordingly, the situation in Cyprus to be undermined in such a way. This was a very risky remains uncertain and is subject to change. What is decision, and we would expect the British Government clear from the proposal so far is that the levy will not to caution against such a sequestering of the funds of apply to foreign branches and subsidiaries of Cypriot ordinary bank customers. banks, including those operating in the UK. Indeed, the The so-called bail-in of banks in jeopardy does not two Cypriot banks in the UK, the Cyprus Popular Bank always need to punish savers and depositors in this and Bank of Cyprus UK, have been open for business way. It is essential that the trust and confidence of today. ordinary bank customers across the European Union is Of course, there are British nationals who have accounts immediately restored, with guarantees that no future with Cyprus-based branches of Cypriot banks and who bail-in arrangements will operate in this way. Surely one would be affected by the proposed levy if it were agreed of the lessons from recent history is that rock-solid by the Cypriot Parliament. They include serving British guarantees for depositors are a prerequisite to stability servicemen and women who are required to be based on and recovery. EU Finance Ministers would not have the island and so, in order to go about their day-to-day countenanced a move such as this in larger members of activities, maintain local bank accounts. Approximately the EU, yet somehow it is acceptable for smaller ones. It 3,000 members of the armed forces are on overseas is never a good message to send to the public in any postings serving our country in Cyprus. The Defence country that they would have been better off keeping Secretary and the Foreign Secretary have made clear their life savings under a mattress than in a bank. that, should these measures be approved, the British It is particularly concerning that international institutions Government, as their employer, will compensate those with UK input, including the EU and the International personnel for reasonable losses incurred as a result of Monetary Fund, have adopted this precarious strategy, the situation. so I have to ask the Minister some specific questions. Several thousand UK pensioners are resident in Cyprus. First, were the UK Government made aware of this Today is a bank holiday there, and, to ensure that any proposal beforehand and, if so, when? Was the Chancellor payments made by Her Majesty’s Government to banks consulted and, if so, what view was expressed? The UK 619 Cyprus18 MARCH 2013 Cyprus 620 may not be able to attend the meetings of the Eurogroup very large proportion of its GDP is exposed to international of Finance Ministers in a non-voting, observer capacity, financial transactions and its domestic fiscal situation but any informal decisions taken there still need referring also leaves a lot to be desired. I think all hon. Members to ECOFIN, so would it not be sensible, in future, to would recognise that the importance of maintaining secure a right for observers, including the UK, to attend fiscal discipline as well as adequate supervision of the such crucial decision-making meetings, given the banking system is exemplified by what has happened. ramifications of eurozone decisions for the whole of In terms of the negotiations so far and the parties to the EU? them, the hon. Gentleman should know and is, I think, The Opposition welcome the decision to compensate aware that the discussions are among the members of UK armed forces personnel stationed in Cyprus who the eurozone, who bear financial responsibility for bailing are affected, but can the Minister set out the estimated out Cyprus, and the Cypriot Government. They have cost to the Exchequer of that policy? Are British consular negotiated with each other and the plan can be approved officials providing assistance to other affected UK nationals? only if the Cypriot Parliament endorses it. The UK What is the Government’s estimate of the number of understands and has intelligence about what went on in UK nationals affected by this decision in Cyprus? What those discussions, but was not part of them and had no will happen if the Cypriot Government and Parliament influence and no votes. Ultimately, this is a matter for do not actually go along with this proposal? They are the Cypriots and the eurozone. obviously between a rock and a hard place, as the The cost of the protection that my right hon. Friends further two days of impromptu bank holidays go to have offered to UK serving servicemen and women will show, but surely such public brinkmanship by the EU depend on the final state of the arrangements, which, as and the IMF just creates even more uncertainty. What is I say, are not certain at this stage. I mentioned in my the extent of British banking exposure and British statement that about 3,000 UK military personnel and business exposure to the Cypriot banks? How much their support staff are employed, which gives us a does the Treasury estimate that UK investors will lose limited ability to estimate the context. under this arrangement? On the question of the supervision of UK banks and Many EU citizens expected that their deposits were any potential exposure, the Bank of England, as the guaranteed up to ¤100,000, or £85,000, under the deposit hon. Gentleman would expect, maintains close involvement guarantee scheme directive, but we now learn that there and is supervising all the banks that might have any was a caveat excluding special taxes such as this one. exposure to the Cypriot authorities. The hon. Gentleman Should consumers be aware of any other aspects of the is quite right that it is necessary at both a European small print in the deposit guarantee scheme? Does this and domestic level to agree a means of bailing in the whole episode not show that we should clarify our own contributions of holders of capital so that the banks banking bail-in rules in this country as soon as possible, can be resolved without the types of problems we are rather than, as Ministers are saying in the Banking seeing in Cyprus. We have been very clear that we want Reform Bill process, waiting for the European Union to to see that and the Irish presidency is making good draw up the bail-in directive in several years’ time? progress with the recovery and resolution directive. We Waiting years for the EU to tell us how a bail-in have said that if that progress does not proceed at the arrangement might operate suddenly looks like an unwise pace we hope and expect to see, we can use the banking course to take. Surely we should get these issues sorted Bill to make the necessary amendments. out here at home as soon as possible. This is not a matter where the UK Government can just sit on the sidelines, because issues that could fundamentally affect Mr Andrew Tyrie (Chichester) (Con): This looks to our own stability, growth and prosperity are involved, be very poorly thought through, possibly dangerously and we expect Ministers to take firm steps within the so, not least because it risks triggering a run on the EU to reduce these risks now. banks of other indebted countries. Is it not also the case that this could be a breach of EU deposit regulation, Greg Clark: I am grateful for the hon. Gentleman’s which requires a full guarantee of up to ¤100,000? It is points and questions. Let me say at the outset that we not supported entirely by a tax but by shares—which will have the chance to discuss these things in more clearly and demonstrably are not a tax. A minute ago, detail, but the situation is very fluid; we understand that the Minister described the situation as fluid, but a fluid tonight there will be a meeting of the Eurogroup bail-out does not sound like a very robust policy to me. members—a video conference—to discuss some aspects Does that not illustrate the gulf between the rhetoric of it, and the Cypriot Parliament is meeting tomorrow, and reality of the so-called banking union? Does it not so I think it would be unwise to assume that the illustrate that the eurozone’s problems are unresolved information that has come out over the weekend will and blighting the UK economy? necessarily represent the shape of things to come. However, I will make sure that the hon. Gentleman and, indeed, Greg Clark: I agree with my hon. Friend to the extent all hon. Members are kept abreast of things. that I think that it underlines the importance of having The hon. Gentleman’s point about fundamental trust arrangements across the eurozone to anticipate and needing to be established in the banking system goes to provide robust measures to ensure that resolution plans the heart of the matter. It is crucial that that applies not for such problems are agreed in advance so that there just in this country, but across the eurozone. It is one of will not be this fluidity of negotiation. I completely the reasons why we have been supportive of the efforts agree with that. The measures that are being taken for being made by the eurozone to stabilise the financial banking union are designed to resolve precisely that set system there, including by the introduction of a single of circumstances. As for the legality of the situation, we supervisory mechanism. Cyprus, as I think he would will need to be assured that the arrangements proceed acknowledge, is in a particularly acute situation, as a in accordance with the treaty. 621 Cyprus18 MARCH 2013 Cyprus 622

Mr Jack Straw (Blackburn) (Lab): The lack of effective Greg Clark: My hon. Friend makes an important supervision of the Greek Cypriot banking system has point. To put it into context, the European Central been notorious for many years and it has become a Bank said this morning that the situation of Cyprus haven for Russian money laundering. What steps, either and the Cypriot banking sector is unique. I think Members through this package or through other measures, are will reflect that it has unique problems that have required being taken better to control the banking system in a unique and very difficult solution. Cyprus? Helen Goodman (Bishop Auckland) (Lab): Surely the Greg Clark: The right hon. Gentleman will know that Minister agrees that we have been in this situation the agreement reached at the weekend includes action before. Taking emergency measures that cause alarm is to address the reputation Cyprus has established as a not the same as making fundamental reforms which are potential home for money laundering and that is part of necessary.Will the Minister be pressing for more responsible the conditionality for the package. tax and financial controls? For example, the corporation tax is to increase from 10% to 12.5%. Surely he would Mr John Redwood (Wokingham) (Con): Given the agree that a responsible financial policy would mean a importance of the euro’s stability to the London banking much bigger increase. system and the wider world, will the British Government be lobbying the European Central Bank to ensure that Greg Clark: I do not think anyone is suggesting that it provides sufficient liquidity at all times should a run the measures that have been taken are not rigorous and develop in a weaker bank or a weaker country, given the exacting. The reaction in Cyprus and across the eurozone invitation to people to withdraw their deposits from any indicates that these are regarded as very tough measures, difficult institution? including on the transparency of the banking system, particularly to avoid the reputation for money laundering. However, this is a matter for the Cypriot Government. Greg Clark: The pace of negotiations, thanks to the They have had to convince their partners in the eurozone fact that today is a bank holiday in Cyprus and that that that this programme represents a credible set of conditions could potentially be extended, is meant to resolve the which can give confidence to those who are helping to matter before a run on the banks is possible. My right bail them out. hon. Friend is right that the situation is unsatisfactory and it is necessary to establish a more orderly system for Mr William Cash (Stone) (Con): The Minister will no anticipating or managing potential bank failures in the doubt appreciate that Mr Draghi’s comment that the future. It is in everyone’s interest to ensure that there is European Central Bank will do whatever it takes clearly no such collapse of the banking system in Cyprus. includes daylight robbery of British pensioners, among others. Does he agree that this is symptomatic of the Mr Dennis Skinner (Bolsover) (Lab): Does the Minister dysfunctionality of the European Union? Will he also realise that we have reached a sorry state of affairs when note that Germany has very much driven the measures the eurozone—we are not members, thanks to the Labour itself, and furthermore that it has a surplus of £29 billion Government last time round—[Interruption.] Oh yes; with the rest of the European Union, whereas we have a that is when it happened. I know Conservative Members deficit of £48 billion? like it, but we did it at the time. Is it not a sorry state of affairs that the eurozone can implement a poll tax, and Greg Clark: Clearly, it is a matter of regret, and that the Government were made aware of it at some lessons should be learned from the situation that Cyprus point or other and have not told us at any time that they finds itself in. One of the clear lessons is that it should condemn this move? I am giving the Minister a chance not have been allowed to descend into this state of now: condemn it! indebtedness, and the banks should not have been allowed to get into their present position of vulnerability. It is in Greg Clark: It was the policy of the Labour party to our interests, as well as in the interests of other members be committed in principle to joining the euro, and it was of the eurozone, that we have a much more soundly our right hon. Friend the Member for Richmond (Yorks), based banking system right across Europe. now the Secretary of State for Foreign and Commonwealth Affairs, who was the first in the House to say that the Mr Nigel Dodds (Belfast North) (DUP): I welcome Conservative party would campaign against the euro the action that has been taken to protect the deposits of and would not join. As a result of being outside the members of our armed forces in Cyprus, but to follow eurozone, we are not responsible for the arrangements on from what has just been said, is not the lesson of this there. We are not part of those negotiations. This is a whole episode to spell out very clearly to anyone who negotiation between the Government of Cyprus and advocates in future any greater European integration or members of the eurozone. any joining of the euro, “Hands off our money”?

Stephen Williams (Bristol West) (LD): The amounts Greg Clark: I am sure that our constituents in this involved are eye-watering as a proportion of the Cypriot country will be relieved and reassured that we are not economy. We are used to bail-outs involving a haircut part of these arrangements and not exposed to the for creditors. This is the first time I have ever seen a consequences of the failure that is sought to be averted complete scalping of depositors in order to finance in Cyprus. a bail-in. Given that we are outside the various institutions of European decision making, how will the Government Margot James (Stourbridge) (Con): This is a truly safeguard British depositors against future scalpings of shocking development, impacting very unfairly on savers this sort? who are already feeling the impact of the very low 623 Cyprus18 MARCH 2013 Cyprus 624 interest rates brought about by quantitative easing; it is Kate Hoey (Vauxhall) (Lab): The public will be outraged acting as a real disincentive to save for one’s older age. I that British nationals are having their money stolen congratulate my right hon. Friend on protecting members from them on the orders, let us be frank, of the German of the armed forces, but will he clarify his intentions for Government. Can we now move forward with legislation British pensioners, having put on hold pension payments? in this Session of Parliament to put on the statute book Can anything more be done to reassure British pensioners the power to have a referendum in this country on our living in Cyprus that they will not be affected? relationship with the European union?

Greg Clark: It is open to British pensioners to have Greg Clark: The hon. Lady will know that these their pension paid into another account. They can matters have been discussed in the House. The Prime nominate that account from now on through the Minister has made a speech in which he said that if he is Department for Work and Pensions’ website. Their re-elected there will be such a referendum. As to whether pensions are safe; we will make sure of that. The the legislation should come before the House before the Minister of State, Department for Work and Pensions, general election, that is for others. my hon. Friend the Member for Thornbury and Yate (Steve Webb), will update the House. Once the details of Mr David Burrowes (Enfield, Southgate) (Con): The the final package become known, in so far as they have Minister will no doubt sympathise with a new Government implications for the payment of pensions, we will update picking up an appalling financial legacy and having to the House. make tough decisions, but the raid on deposits was extraordinary and unprecedented. Will he provide assurance to my constituents that not only are the Laiki bank Mr Andrew Love (Edmonton) (Lab/Co-op): My Cypriot branches and the Bank of Cyprus, the headquarters of constituents are shocked and angered that the much- which is in my constituency, open for business, but the publicised deposit guarantee scheme appears to be worthless. deposits are guaranteed, and that that deposit guarantee They are further outraged that the reason given for that scheme applies and will continue to apply whatever the is that the banks have not gone bankrupt, therefore the decision of the Cypriot Parliament? deposit guarantee does not apply. What action will the Minister take to speak to his EU colleagues to see what Greg Clark: I applaud the work that my hon. Friend can be done, even at this late stage, to repair the damage does as chairman of the all-party group on Cyprus. The to trust and confidence in our banking system? proposal that has been made would certainly protect his constituents who have deposits in those banks, and the Greg Clark: The hon. Gentleman and I had a final terms are being discussed in the Cypriot Parliament. conversation this morning. I know that he has many Certainly, those banks that have subsidiaries in the UK constituents who are very worried at this time, and I are governed by the UK regulators and subject to the have said that I am happy to meet them so that we can UK financial compensation scheme. understand their particular situation. It is clearly an unsatisfactory situation in which the Government of Mr Kevan Jones (North Durham) (Lab): The Minister Cyprus, as I understand it, faced a choice between a has mentioned members of the armed forces, but clearly measure such as this and contemplating the collapse of no scheme is yet in place. What advice is being given to the banking system. That is a choice that no one would members of the armed forces currently serving in Cyprus, want to make. It is a choice that they made and that and has the Ministry of Defence stopped the payment they are putting to the Cypriot Parliament, but just as of wages and expenses into Cypriot bank accounts? this Parliament is sovereign, so that is true in Cyprus, and the debates that they will be having during the next Greg Clark: The arrangements for advice on two days will determine whether what has been proposed implementation of the commitment to compensate over the weekend is what pertains. members of the armed forces cannot proceed until the Cypriots have decided on the final arrangements, which will be in the next few days. Having made the commitment Mrs Cheryl Gillan (Chesham and Amersham) (Con): to ensure that pensions are not paid into bank accounts The Government are right to protect the position of to which access might be questionable, I will discuss the members of our armed services, but the Minister knows hon. Gentleman’s point with my right hon. and hon. that many pensioners are exposed and I hope that he Friends to ensure that similar arrangements are considered will consider extending the guarantee to British pensioners for the MOD. living in Cyprus. On a practical note, I believe that the Cypriot Parliament is due to vote on Tuesday evening Sir Bob Russell (Colchester) (LD): The Minister is and that the bank holiday in Cyprus has been extended presumably unable to say how many of the 3,000 members until Thursday in order to keep the banks shut. Does of the armed forces serving in Cyprus will be affected, that apply to branches of Cypriot banks in other countries, but does he agree that serving military personnel who and what will happen if the vote in Parliament on have Cypriot bank accounts, even if they are not in Tuesday does not go the way that the Cypriot Government Cyprus, should also be included in the scheme? Also, wish it to go? why will the Government be compensating only for “reasonable” losses and not full losses? Greg Clark: Discussions are continuing with the eurozone members as well as the Cypriot Parliament, so it would Greg Clark: I know that many of my hon. Friend’s be wrong to speculate on the outcome. I can confirm constituents will be in that situation and will have bank that Cypriot bank branches in this country are open accounts in Cyprus. We have made a commitment, but and operating normally today. these are very early days—we learned only over the 625 Cyprus18 MARCH 2013 Cyprus 626

[Greg Clark] intentions are absolutely clear—that we should not be putting at a disadvantage the men and women who weekend that these matters are being discussed. I think serve our country overseas, in this case in Cyprus. it is appropriate for the Government to make an immediate commitment of reassurance to those members of the Caroline Lucas (Brighton, Pavilion) (Green): I am a armed forces. They have no choice about being sent to bit surprised by the lack of moral outrage from the Cyprus, and when they go on this country’s business it Minister on behalf of the people who live in Cyprus. He seems to me to be reasonable to make that commitment. calls the measures vigorous and exacting, but are they not actually immoral and unfair? Will he simply say Mr William Bain (Glasgow North East) (Lab): Does that it is wrong for the Cypriot authorities to pilfer the the Financial Secretary have a view on how it looks to savings of ordinary people living in Cyprus? the world that ordinary savers are losing proportionately more of their deposits than institutional investors are? Greg Clark: Not having been part of the negotiations, Is there not a strong case for the eurozone to get on and it is difficult for any Member of this House to know complete arrangements to create a single resolution what the alternative was. The elected representatives of mechanism so that banks can be resolved in an orderly the Cypriot Government clearly accepted what was way? proposed in contemplation of a fate that they considered to be worse, which was the collapse of the Cypriot Greg Clark: Yes. banking system. This is a situation that none of us wants to be in. Thank goodness that in this country, as Jacob Rees-Mogg (North East Somerset) (Con): As a result of being outside the eurozone and having the EU has now arbitrarily abandoned its £85,000 deposit introduced discipline into our finances, we are not insurance scheme, what advice would my right hon. going to be. Friend give British subjects in other European countries, such as Ireland, Portugal, Spain, Greece and Italy, Stephen Mosley (City of Chester) (Con): We may well whose deposits might also be at risk in future? Would it find that some of the biggest British losers are people be best for them to repatriate their funds? who are in the process of buying or selling property in Cyprus. Can the Minister offer any reassurance to Greg Clark: The ECB made a clear statement today people who may have lodged money with a solicitor in that the situation in Cyprus is unique, and I think that a an escrow account, for example, that the solicitor will be study of the situation there would confirm that. responsible for the losses and not the person who is trying to buy a property? Barry Gardiner (Brent North) (Lab): The ECB action was supposed to create stability, but it has created instability. The Minister has made it clear that the Greg Clark: My hon. Friend raises an important Chancellor was not consulted on that beforehand, but point. I have made a commitment to the House to has the Chancellor made it clear to the ECB that, provide further statements once we have more detailed although this particular deal may be renegotiated, the information on how all these arrangements are likely instability will linger in precisely the way the hon. Member to apply. for North East Somerset (Jacob Rees-Mogg) suggests? Kelvin Hopkins (Luton North) (Lab): This is clearly Greg Clark: The whole House has an interest in deeply worrying for the people of Cyprus, and we have ensuring that right across Europe, in countries that are to condemn what is being done to them, but it is also members of the eurozone or those that are not, there is worrying for billions of working people across the confidence in the banking system. This period of several whole eurozone. Is this not just the beginning of a days of uncertainty is undesirable. We need to get situation in which Cyprus and other countries withdraw arrangements in place, as the hon. Member for Nottingham from the eurozone and, indeed, the euro itself may be East (Chris Leslie) said, to have clear resolution plans in wound up? Are the Treasury, the Government and the advance. It needs to be sorted out quickly, because the Bank of England making preparations for that eventuality? situation is undesirable. I think that it is in everyone’s interests that it is resolved very soon. Greg Clark: The Treasury and the Government always make contingency plans for many eventualities. It is Dr Matthew Offord (Hendon) (Con): I am grateful to important to reflect on the statements made by the the Minister for the conversation he and I had about the German Government and by the ECB that the situation issue earlier today. I am also grateful to Councillor in Cyprus is very dissimilar to that prevailing in other Andreas Tambourides, who has discussed it with me, countries. It would not be right to draw a parallel and to my constituent Wayne Boothroyd, who e-mailed between what is happening in Cyprus and the situation me to ask specifically about British service personnel on that exists elsewhere. the island. What assurances can the Minister give me to pass on to my constituent that members of the armed Andrew Percy (Brigg and Goole) (Con): Many British forces will be compensated for their total losses, not citizens who move themselves or their assets to Cyprus their “reasonable” losses, as the Minister said in his will have done so believing that going to another EU statement? country offered them some protection. This theft clearly shows what a pup we have been sold on Europe over the Greg Clark: The Defence Secretary and the Foreign years. Will my right hon. Friend take up the point made Secretary have given a voluntary commitment to making by my hon. Friend the Member for North East Somerset sure that we do right by our armed forces, and their (Jacob Rees-Mogg) and ensure that proper advice is 627 Cyprus18 MARCH 2013 Cyprus 628 offered to British pensioners in other eurozone nations eurozone but as British citizens, will feel abandoned. on how they can protect their pensions or return their Will the Minister assure me that he will fight hard, deposits to this country? particularly for those pensioners who have less than ¤100,000 on deposit, to try to protect their money? Greg Clark: The agreement that was reached at the weekend was an agreement between the Government of Greg Clark: Yes, but discussions and negotiations are Cyprus and the eurozone members. The ECB has said taking place between Cyprus and the eurozone—and, clearly: indeed, in the Cypriot Parliament—on whether the “It’s the Cyprus government’s adjustment programme. If Cyprus’ proposals that were agreed over the weekend will be president wants to change something regarding the levy on bank enacted. We have some way to go before we get to that deposits, that’s in his hands. He must just make sure that the stage and I will, of course, update the House if and financing is intact.” when we get to that final stage. The Cypriot Parliament will, quite properly, be discussing and debating this matter. It has some influence, and indeed some control, over how these measures are levied. Chris Bryant (Rhondda) (Lab): I am amazed that the Minister is not more scandalised that thousands of ordinary Cypriots, in this country and in Cyprus, are Alison McGovern (Wirral South) (Lab): As the Minister going to lose money. Money will be filched from them made clear, whether in the eurozone or not, what affects when, frankly, the people who caused the problems—the one country in Europe affects us all. Will he therefore Government of and the bankers in Cyprus—will not answer the question asked by my hon. Friend the Member lose anything. Leaving that aside, how much British for Bolsover (Mr Skinner) and give us his view on this Government money from the Ministry of Defence and levy on deposits? the Foreign and Commonwealth Office will be lost in Cypriot banks? Greg Clark: The Government of Cyprus agreed to this proposal. The spokesman for the German Government was very clear that how Cyprus makes its contribution— Greg Clark: I am scandalised that the situation in how it makes the payments—is up to Cyprus. If the Cyprus was allowed to happen in this way. It should not Government of Cyprus, recently elected by their people, have happened in terms of the supervision of the banking make this decision, it is for them to justify it to the system or the country’s fiscal performance. We will not Cypriot Parliament. be able to make an assessment of our guarantee to the armed services until we see the final shape of the Mr Philip Hollobone (Kettering) (Con): Is this not negotiations, but when we do I will make sure that proof positive, if any were needed, that if a country the House knows about it. signs up to the euro it is effectively abandoning its economic sovereignty and national independence? Bob Stewart (Beckenham) (Con): Further to the question asked by the hon. Member for Rhondda (Chris Bryant), Hon. Members: Hear, hear. it is undoubtedly true that the Ministry of Defence has funding in the Bank of Cyprus for operational expenses Greg Clark: My hon. Friend makes a point that finds on our bases, including pay. Are we likely to be scalped? an echo throughout the Chamber. As the days go by, I In other words, is it likely that our Government will bail think we are all reassured and relieved that we did not out the Government of Cyprus? make the decision that the Labour party made in principle to join the euro. Greg Clark: It is too early to make that assessment, but we should know in the next few days and I will, of Wayne David (Caerphilly) (Lab): One of the fundamental course, update the House when the situation is clear. rules of banking has been broken, in that the deposits and savings of ordinary people have been, in effect, Andrew Stephenson (Pendle) (Con): Having visited taken over in part by the state. That is a fundamental our sovereign bases on Cyprus and seen the training breach. What assurances can the Government give us facilities and some of the excellent decompression facilities that this precedent will not be followed by other countries for our troops returning from theatre, I am very concerned in the near future? about the effect this proposal could have on our bases. Although I welcome what my right hon. Friend has said Greg Clark: As I said, we need to get resolution about compensating service personnel, will that include arrangements in place, but the ECB and the spokesmen family members who have relocated to Cyprus with for different members of the eurozone have been clear servicemen and women during their overseas posting? that the decision to impose this kind of levy was taken by the Cypriot Government with the eurozone. They could have done it in different ways, but that is the Greg Clark: Yes, that is the intention. Clearly, if the mechanism they chose. family of a serving member of the armed forces has to relocate to Cyprus and maintain a bank account for Mr Brooks Newmark (Braintree) (Con): Although it everyday living expenses, it seems reasonable to include is absolutely right that the Government should support that in the proposed compensation arrangements. That our armed forces personnel, I share the sense of moral seems to be the just thing to do. outrage expressed by the hon. Member for Brighton, Pavilion (Caroline Lucas) that ordinary pensioners who Mr Crispin Blunt (Reigate) (Con): What is the Minister’s have retired to Cyprus, who are citizens of ours and assessment of the exposure of London financial markets who do not think of themselves as members of the to the potential crisis that may follow from this? 629 Cyprus 18 MARCH 2013 630

Greg Clark: The Bank of England keeps the Royal Charter on Press Conduct arrangements under constant review. I think it is fair to Application for emergency debate (Standing Order reflect that Cyprus is an infinitesimal part of the European No. 24) banking system and an even smaller part of the world banking system. Although this is an extremely worrying time for citizens of Cyprus and our constituents who Mr Speaker: I call the Prime Minister to make an have investments or connections in Cyprus, in the wider application for leave to propose a debate on a specific context Cyprus does not have the systemic importance and important debate that should have urgent consideration of other countries. under the terms of Standing Order No. 24. The right hon. Gentleman has three minutes in which to make such an application. Harriett Baldwin (West Worcestershire) (Con): Whatever the Cypriot Parliament decides this week, this has been a torpedo across the European banking system. What 4.14 pm advice would the Minister give to pensioners who live in The Prime Minister (Mr David Cameron): I seek leave Spain and Portugal about whether they should maintain to propose that the House should debate a specific and large deposits in eurozone banks? important matter that should have urgent consideration, namely the welcome publication of the draft royal Greg Clark: I agree that this is a warning and that it is charter by the Prime Minister, the Deputy Prime Minister necessary to have more robust financial arrangements and the Leader of the Opposition today, and the Prime in place to prevent this sort of crisis from happening in Minister’s intention to submit the charter to the Privy other countries. However, I reinforce the advice of the Council for Her Majesty’s approval at its May meeting. ECB that this problem is unique to Cyprus, which is particularly exposed and is in a state of particular What happened to the Dowlers, the McCanns, indebtedness. Christopher Jefferies and many other innocent people who had never sought the limelight was utterly despicable. Mr David Nuttall (Bury North) (Con): Does the It is right that we put in place a new system of press Minister agree that what we are witnessing in Cyprus is regulation to ensure that such appalling acts can never yet further evidence of the disastrous consequences of happen again. We should do that without further delay. what happens when a country loses control of its economy The royal charter, which I would like us to take note of by giving up its own currency? now, will help do exactly that. Furthermore, the cross-party agreement that has been Greg Clark: It is perfectly clear that the problems in reached today will allow the Bills that had been blocked Cyprus are related to its membership of the euro. or amended with concepts of statutory press regulation Thankfully, we are not part of the euro, we do not have to be unblocked, including the Defamation Bill, which those problems and we have control of our own makes important libel reform, and the Enterprise and arrangements in this country—and long may that continue. Regulatory Reform Bill, which sets up the green investment bank. As a result, the Government’s legislative programme will be able to proceed. I would therefore be grateful, Mr Speaker, if you would grant this application.

Mr Speaker: The Prime Minister asks leave to propose a debate on a specific and important matter that should have urgent consideration, namely the welcome publication of the draft royal charter by the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition today, and the Prime Minister’s intention to submit the charter to the Privy Council for Her Majesty’s approval at its May meeting. I have listened carefully to the application from the Prime Minister and am satisfied that the matter is proper to be discussed under Standing Order No. 24. Has the right hon. Gentleman the leave of the House? The Prime Minister does indeed have the leave of the House. Application agreed to.

Chris Bryant (Rhondda) (Lab): On a point of order, Mr Speaker. I am sorry to do this, but it is all very well to talk about the publication of the draft charter, but it is not available in the Vote Office or in the Library. The Clerk has a copy of it but hon. Members do not have copies of it. It is an odd way of doing business for us to debate something that we have never had an opportunity to see.

Mr Speaker: I say to the hon. Gentleman, whom I thank for his point of order, that my copy and that held by the Clerk came from the Vote Office. Therefore, my 631 Royal Charter on Press Conduct 18 MARCH 2013 632 understanding is that copies of the document are lodged Royal Charter on Press Conduct in the Vote Office, and I say that only on the basis of my Emergency debate (Standing Order No. 24) experience. If copies are not so lodged, they most certainly should be. I can deal only with the exigencies of the situation as they arise. I am not knocking the 4.20 pm hon. Gentleman; he has raised his point of order and I The Prime Minister (Mr David Cameron): I beg to move, have sought fairly and accurately in my terms to respond That this House has considered the welcome publication of the to it. The responsibility now is for the House to move draft royal charter by the Prime Minister, Deputy Prime Minister on to debate the matter. I call the Prime Minister to and Leader of the Opposition, and the Prime Minister’s intention move the motion and I emphasise that the debate can to submit the charter to the Privy Council for Her Majesty’s last for up to three hours. approval at the Privy Council’s May meeting. My right hon. Friend the Deputy Prime Minister, the Leader of the Opposition and I have today reached cross-party agreement on a royal charter that will help deliver a new system of independent and robust press regulation in our country. As Lord Justice Leveson recommended, we need a system of tough, independent self-regulation that will deliver for victims and meet the principles set out in his report. This system will ensure up-front apologies, million pound fines, a self-regulatory body with independence of appointments and funding, a robust standards code, an arbitration service that is free for victims, and a speedy complaint-handling mechanism. We can put all that in place without the need for statutory regulation. Let me set out for the House the significance of the decision to go with a royal charter instead of a statutory approach, and give details of the deal that has now been agreed. First, however, let me remind the House of the two key recommendations that Lord Justice Leveson made. First he said there should be a new powerful self-regulatory body that the press themselves had to establish—he was very clear about what that should involve and that the press had to establish it. Secondly, and crucially, in order that the press do not mark their own homework, he said there should be a recognition body to oversee the new system of press self-regulation. The House will recall that Lord Justice Leveson’s own proposal was that legislation would give Ofcom the power to act as that recognition body. I said to the House on the day the report was published that I had serious misgivings about passing detailed legislation on press regulation. I also had grave misgivings about that task being given to Ofcom, which is already a very powerful body. I was determined to try to find a better way of establishing a tough regulatory body to enforce Lord Justice Leveson’s principles, and a different way of establishing the recognition body to check it was doing its job properly. That is what the royal charter does, without the need to write down in legislation the title, definition, functions, power, rules or composition of a new system of regulation—it puts those in place in a royal charter rather than in legislation and, as a result, it does not cross that Rubicon of which I spoke.

Angus Robertson (Moray) (SNP): I thank the Prime Minister for taking an early intervention. He is aware that discussions are ongoing in the Scottish Parliament involving all parties, given that there are devolved powers, and that the position of Scots law is important. Will he give an assurance that the UK Government will meet the Scottish Government and the relevant all-party group in the Scottish Parliament to discuss progress?

The Prime Minister: I am very happy for the Secretary of State for Culture, Media and Sport to talk to her opposite numbers in the Scottish Government to 633 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 634

[The Prime Minister] country—the amendments will either be withdrawn or, if they are pressed to a Division, we have agreed that we discuss how we go about these issues. As I understand should all oppose them. it, the Scottish Government are taking a rather different Let me set out for the House the cross-party agreement approach from ours, but I am sure that they can have on the royal charter. As I have said, the new system of that discussion. press regulation will deliver Lord Justice Leveson’s principles, Let me remind hon. Members why I felt that a full including up-front apologies and £1 million fines. As I legislative response to Lord Justice Leveson’s report have just explained, we will use the Crime and Courts would be the wrong approach. I stated that there would Bill to table the minimal legislative clauses needed to be problems of necessity, practicality and fundamental put in place those incentives, which Lord Justice Leveson principle. As I believe we have shown today, statutory regarded as important. They will give all newspapers a regulation of our media, and statutory regulation to strong incentive to participate in the voluntary scheme create a recognition body, is not necessary to achieve of self-regulation. the Leveson principles. We can do it—indeed we will do Exemplary damages will be available against publishers it—via a royal charter. who do not join a regulator if they utterly disregard the There are reasons of practicality. If we are to have a rights of ordinary people. We will also change the rules system of voluntary self-regulation, as Lord Justice on costs in civil claims against publishers so that there is Leveson specifically proposed, it is vital that those who a strong incentive to come inside the regulator, with its are being regulated participate in it. In my view, there independent arbitration system. was a danger that, if we pursued a detailed legislative approach, as Leveson recommended, we simply would Mr David Winnick (Walsall North) (Lab): I am keen not establish a regulatory system in which the press that there should be agreement between the three parties would take part—we would have been part of an exercise and welcome the agreement, but can the Prime Minister in grandstanding and something of a charade, rather explain why the Secretary of State for Culture, Media than something that will actually deliver for victims. and Sport has spent a great deal of time on the airwaves Most importantly of all, detailed legislation is bad-mouthing the Labour party and giving the impression fundamentally wrong in principle. It is wrong to create that the Opposition want to undermine press freedom? a vehicle whereby politicians could more easily in future That is not true, and he knows it. impose regulation and obligations on the press. The Prime Minister: I commend my right hon. Friend Ian Lucas (Wrexham) (Lab): But will the Prime Minister the Secretary of State for the incredible work that she confirm that the deal to which he has agreed requires and others have put in. Her point was that it is important the passing of legislation? that we go down the royal charter route rather than the legislation route. That has been our position consistently, because we do not want a situation in which politicians The Prime Minister: Two important but relatively can meddle with the system. That is why we have agreed small legislative changes need to be made. Let me the no-change clause in the Enterprise and Regulatory explain what they are. First, Lord Justice Leveson said—the Reform Bill, which will be debated tonight in another Government agreed at the time—that, in order to create place. The measure will have the effect that the charter, an incentive for newspapers to take part in the system, now that it has been so carefully agreed, can be amended we should establish a system of exemplary costs and only if the process contained within it is followed. As I damages that would not apply to newspapers that take have said, that means that both Houses of Parliament part. We have accepted that recommendation and will must agree to a motion for change by a two-thirds be legislating for it—it can be done only via legislation. majority. I will come on to the second change we are making, Let me be clear. This is not by any stretch statutory but we are not embedding the charter in legislation or regulation of the press, and nor is it statutory recognition legislating about it; we are simply repeating the words of either the self-regulatory body or the recognition of the charter. The charter says clearly that it can be body. changed only if there is a vote of two thirds of this House and two thirds of the House of Lords. Why have Sir Edward Garnier (Harborough) (Con): I am most we put that in the charter? We have put that in the grateful to my right hon. Friend. Will he confirm that charter because we want to make it difficult to change awards of exemplary damages and awards of cost will the charter. We will repeat exactly that point in legislation be made not by the self-regulatory body, but by the in the Enterprise and Regulatory Reform Bill. The courts? legislation is to protect the royal charter; it is not legislation to recognise the royal charter. The Prime Minister: Yes. My hon. and learned Friend I believe it would be wrong to run even the slightest is absolutely right: they will be made by the courts. The risk of infringing free speech or a free press in that way. point of what we are doing is to create an incentive for As Winston Churchill said: publishers to be part of the self-regulatory system, “A free press is the unsleeping guardian of every other right because, other than in exceptional circumstances, they that free men prize; it is the most dangerous foe of tyranny”. will not be subject to exceptional costs or damages if Today, by rejecting statutory regulation but being in they are within the regulatory system—that is important. favour of a royal charter, the House has defended that principle. I very much welcome the agreement that we Keith Vaz (Leicester East) (Lab): I am most grateful have on the withdrawal of amendments from the amendment to the Prime Minister. He mentioned the victims in his paper that would have created a new press law in our opening remarks. He will know that 97 people have 635 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 636 been arrested and 24 people charged as a result of the main parties unless they are withdrawn. As I have said, phone hacking issue. Given that hundreds of potential all parties have agreed that statutory underpinning clauses victims still have not been interviewed by the police, must be opposed in both Houses. does he now accept that it is unlikely that part two of the Leveson inquiry, which he announced on 13 July 2011, Miss Anne McIntosh (Thirsk and Malton) (Con): I will take place until after the next general election? congratulate my right hon. Friend, and everybody involved, on reaching this agreement. For my own information The Prime Minister: It is difficult to answer the right and for those outside, what is the difference between a hon. Gentleman’s question, because of course it depends royal charter and non-statutory clauses in legislation? on the timing of the police investigations. What I am Will the Prime Minister please confirm that we are not clear about is that the police must have the proper asking victims, at their own expense, to seek damages resources to carry out their work, which they do. On through the courts? that basis, the second part of Lord Leveson’s investigation The Prime Minister: On my hon. Friend’s second should indeed go ahead. point, the whole point about what we are establishing is that there will be a free arbitration service that victims Mr Ben Bradshaw (Exeter) (Lab) rose— can use—that is vital. The key point about the difference between a royal charter and setting out in legislation The Prime Minister: I will give way to the right hon. what a press regulator needs to look like, is this: if we Gentleman who has a number of amendments in his pass a law in this House on press regulation that says, name on the Order Paper, but let me briefly address the “This is what the recognition body has to look like; this concern raised on whether the “no change” clause in is what the press regulation has to look like; this is what the Enterprise and Regulatory Reform Bill could be the fines are like; this is what the processes are like”, we used for a more aggressive approach to regulation of cross the Rubicon. It would give the House and future the press. Governments the ability to legislate in a totally illiberal In my view, because the clause does not mention way and to restrict freedom of the press. At the time of press regulation, or even this specific royal charter, it is Leveson’s publication, I said that that was not an acceptable no more in danger of being used in this way than any approach and that we should not take it. I said that we other piece of legislation on our statute book. That is would consider alternatives, and we have found one—a an important point to make. It merely ensures that for royal charter—that means that we are safeguarded from generations to come Government Ministers cannot interfere taking that step. with this new system without explicit and extensive Let me conclude by saying a word about the process support from both Houses. That is an important step by which the agreement has been reached and about the forward. next steps. The royal charter agreed today has benefited hugely from hundreds of hours of detailed negotiations Mr Bradshaw: I am grateful to the Prime Minister for with representatives of victims, all main political parties giving way, and I commend him for his statement. Will and the press themselves, and has been further improved he explain to the House exactly what it is that has by the hours of discussions between the parties this changed between Thursday, when he pulled the plug on weekend. I am grateful for the spirit of give and take on the all-party talks and described the gaps as “unbridgeable”, all sides. We stand here today with a cross-party agreement and today? for a new system of press regulation that supports our great traditions of investigative journalism and free The Prime Minister: What has changed is that the speech and protects the rights of the vulnerable and the party for which the right hon. Gentleman used to speak innocent. If this system is implemented, the country from the Front Bench on these issues has come forward should have confidence that the terrible suffering of with a royal charter proposal which, with some changes, innocent victims, such as the Dowlers, the McCanns could be made acceptable. My concern was that last and Christopher Jeffries, should never be repeated. My week the talks were drifting on and on and on, more message to the press is now very clear: we have had the and more issues were being asked for, and less and less debate, now it is time to get on and make this system was being dealt with. The move I made on Thursday work. has, I believe, unblocked the logjam, which is why we are here today. 4.36 pm Let me explain another way in which the logjam was Edward Miliband (Doncaster North) (Lab): I second unblocked. We have agreed that all Leveson-related the motion and thank the Prime Minister for calling clauses in the Enterprise and Regulatory Reform Bill this debate and for setting up the Leveson inquiry will be opposed by all three main parties unless they are 20 months ago, with cross-party support. We would not withdrawn. They include the clauses in the name of the be here today without that inquiry, following the appalling right hon. Member for Exeter (Mr Bradshaw). His revelations about the hacking of Milly Dowler’s phone clauses on the Order Paper have to be withdrawn, and what her family endured. It is her family’s bravery because they are unacceptable clauses of legislative in speaking out and the bravery of all the other victims press regulation. If they are not withdrawn, the agreement of abuse—the McCanns, the Watsons and many others— between all parties is that they should be voted against. that has brought us here today. They were failed at The Defamation Bill will proceed. Its clauses relating to every turn: by the press, who treated them like commodities the Leveson report will be reversed by all three parties simply to sell newspapers; by the Press Complaints voting together, so it can now go through the House. All Commission, which did nothing about it; and by politicians the other Leveson-related clauses in the Enterprise and of all parties who failed to stand up for them because of Regulatory Reform Bill will be opposed by all three fear. 637 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 638

[Edward Miliband] 4.41 pm The Deputy Prime Minister (Mr Nick Clegg): Iam Today we break the pattern of decades and decades delighted to support this motion and welcome the royal of politicians promising to act on wrongdoing by the charter. press but failing to do so. Some people will ask why we are here at all, given the many pressing issues that the Last time the three party leaders addressed the House country has to deal with. My answer is simple: because on this issue it was because we could not agree; this I do not want to live in a country where sections of the time, thankfully, it is because we have. I would like to press can abuse their power to wreak havoc on the lives thank your office, Mr Speaker, and the Clerks of the of innocent people and, equally, because I want to live House for accommodating today’s unusual procedure. I in a country that upholds the rights of a fearless, angry, am also delighted to see that all sides are claiming controversial press which holds the powerful to account, victory today. If everyone acts like this after the general including those in the House. Today’s agreement protects election, they will have trouble fitting us all into Downing the victims, upholds a free press and is true to the street. principles of Lord Justice Leveson’s report. Mr Dennis Skinner (Bolsover) (Lab): It won’t be you. Lord Justice Leveson said there needed to be a “genuinely independent regulator, with effective powers to protect The Deputy Prime Minister: The hon. Gentleman is and provide redress for the victims of abuse”. always on cue, even at the most solemn moments. That is what we will achieve today, with the approval of When Lord Justice Leveson published his the House. First, in its appointments and how it works, recommendations, the Liberal Democrats supported the new regulator will be independent of the press. them. I agreed with his basic model of a new, independent, Secondly, it is a regulator with teeth, with the powers to self-regulatory body for the press, with the new recognition direct apologies and corrections of equal prominence. body authorised to check periodically that the system is That matters because we know the history: a front-page working properly.Given the importance of the relationships story that turns someone’s life upside down, followed by between politicians, the public and the press, I said at an apology buried in the small print on page 36. Thirdly, the outset that we should not become fixated on the this system will endure, because of the statutory means of change, but stay focused on the end we all underpinning being considered in another place today, seek: an independent press watchdog in which people which will protect the system from being tampered with can place their trust. My party has been clear from the by Ministers or watered down. It is important that this outset that the worst outcome of all would be for underpinning has been endorsed by the Prime Minister nothing to happen—a very real possibility at points. and several newspapers. I understand the heat and passion that this debate Kevin Brennan (Cardiff West) (Lab): Just so that the has aroused, including the concerns about press freedom, country and the House can be clear, are we getting but we are today agreeing a system similar to that which some statutory underpinning of Leveson as part of this already operates in Ireland and which includes many of agreement? our own newspapers. It is not direct regulation of the press either, but, as Leveson recommended, independent The Deputy Prime Minister: Of course. This model is regulation with membership voluntary on the basis of a mix of royal charter and statute in two areas: one to incentives. I join the Prime Minister in urging all members install the system of costs and damages and the other to of the press now to join this new system. Why do I do entrench the royal charter, such that it cannot be tampered this? It is because doing so means that we can all move with at whim by Governments in the future. If I may, I forward. Members of the press will be joining a system will turn to both issues in a minute. that commands the confidence of the victims and allows Throughout this process I have sought to be pragmatic the press to hold the powerful to account without on the details while ensuring that any reforms must abusing its own power. satisfy three tests. First, they must deliver the model of Today represents a huge moment for the House. We independent self-regulation set out by Lord Justice Leveson; are doing the right thing. Politics has failed to grasp this secondly, they must command the widest possible cross- issue for decades, but today politicians have come together party support, which Lord Justice Leveson also said to put the victims first. I want to thank the Prime was critical; and thirdly, they must strike the right Minister and the Culture Secretary. I also want to thank balance between protecting the great tradition of a free the Minister for the Cabinet Office for his indefatig— press in this country and also protecting innocent people [Interruption]—for his limitless patience, including at from unwarranted intimidation and bullying by powerful 2.30 this morning; the Deputy Prime Minister for his interests in our media. Let us not forget that the hacking determination to do the right thing; Members in all scandal was caused by some of our biggest newspapers, parties right across this House, including the minority but it was still a minority of newspapers and certainly parties, for supporting a new way forward; and the not the local and regional press, which must not pay the deputy leader of the Labour party for her important price for a problem they did not create. A free press is role in making this happen. one of the most potent weapons against the abuse of I also want to acknowledge the vast majority of authority in our society, holding the powerful to account. decent, law-abiding journalists, who want to get back to Equally, however, the media must not abuse their own doing their job. But let me end by paying tribute to the power at the cost of innocent people. victims who have had the courage to stand up and make their voices heard—the McCanns, the Dowlers, the Richard Drax (South Dorset) (Con): Does the Deputy Watsons and, yes, their representatives. Today is the day Prime Minister agree with me—and, I think, with most we stand up for them. Today is above all their day. people in the House—that the terrible practice of phone 639 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 640 hacking is already a criminal offence, and that no further Mr William Cash (Stone) (Con): Will the Deputy legislation is needed, not even a tiny bit, to deal with the Prime Minister give way? problem? The Deputy Prime Minister: If the hon. Gentleman The Deputy Prime Minister: Lord Justice Leveson does not mind, I would like to conclude—[Interruption.] looked at this matter extensively and said that, in addition All right, I give way. to taking action when the criminal law had been broken, further reassurance was needed to ensure that innocent Mr Cash: In relation to the question of statutory people had recourse to justice when they were being underpinning, will the Deputy Prime Minister explain intimidated or bullied in an unjustified way. whether the fact that only two thirds of the Members of Our royal charter meets all three tests: it delivers each House, rather than the whole of each House, will Leveson, it commands cross-party support and it strikes have to vote on the matter will make a difference to the the right balance between the freedom of the press and outcome? the rights of individuals. One of the biggest hurdles that we have all had to overcome has been the polarisation Chris Ruane (Vale of Clwyd) (Lab): What has that of this debate, with the idea that someone is either for a got to do with Europe? full statute or against it, and that they are either on the side of the victims or on the side of the press, when in The Deputy Prime Minister: Hallelujah! A question reality most people are on the side of both. We have not that was not about Europe. I do not think that it will succumbed to those false choices, however. make any difference whatever to the status of the We have forged a middle way with a royal charter statutory entrenchment governing the circumstances in protected by legislation—a system of independent self- which the royal charter could be changed. regulation, a voluntary system just as Lord Justice Leveson outlined—but with two specific statutory provisions. Paul Farrelly rose— First, there will be a legal provision to ensure that if a newspaper is signed up to the regulatory regime, judges The Deputy Prime Minister: If the hon. Gentleman will be able to take that into account when awarding does not mind, I will not give way. Many hon. Members costs and damages in the courts. Newspapers will be wish to participate in the debate, and I want to conclude. rewarded for playing by the rules, and I very much hope With these protections, the royal charter represents that the newspaper groups will now see the logic of that the best possible outcome. I want to pay tribute to the incentive and get behind the reforms. campaigners, the victims and the families, without whom Secondly, there will be an entrenchment clause to none of this would have happened. Their ordeals forced prevent future Governments from chopping and changing us to sit up and take notice, but it has been their tireless the royal charter on a whim. I have been pushing efforts and remarkable determination that have kept up consistently for that legal safeguard since the royal the pressure. Throughout the sometimes fraught political charter model was proposed. Without it, the royal charter negotiations, they have remained steady and consistent, would leave the door open to political meddling by asking simply that we do the right thing. future Governments, and that is a risk that we must Finally, I would like to commend Members across not take. the House, and the Prime Minister and the Leader of the Opposition, for working across party lines to get Mr Jack Straw (Blackburn) (Lab): In 2008, the this done. The truth is that this is not a victory for any House agreed, on an all-party basis, in sections 77 and one individual or any one team; it is a victory for 78 of the Criminal Justice and Immigration Act 2008, working together, for putting narrow interests to one to strengthen the penalties in section 55 of the Data side and for sticking with it. Today we turn a page on Protection Act 1998 for breach of data protection. the mistakes of the past and, finally, establish a proper Alongside that, a separate section guaranteed press independent watchdog to serve the British people while freedom and a public interest defence. Does the Deputy protecting our free press. Prime Minister agree that this is now the time, more than four years after they were passed, to bring those sections into force? 4.49 pm Mr David Blunkett (Sheffield, Brightside and Hillsborough) The Deputy Prime Minister: The right hon. Gentleman (Lab): I commend the Prime Minister, the Deputy Prime makes a strong case, and that course of action was Minister and their colleagues and congratulate my right recommended by Lord Justice Leveson as well. It is not hon. Friend the Leader of the Opposition and his covered by this cross-party agreement, but it is one of deputy, my right hon. and learned Friend the Member the issues that we will need to sweep up. for Camberwell and Peckham (Ms Harman)—and, indeed, Lord Charlie Falconer, who has done excellent work with them—on finding what I believe to be not a fudge, Paul Farrelly (Newcastle-under-Lyme) (Lab): Will the but an elegant and sophisticated solution to squaring Deputy Prime Minister give way? the circle. I have a registered interest both as a contributor to the press, and, with my family, as a victim of hacking—an The Deputy Prime Minister: If the hon. Gentleman issue that has not yet run its course. does not mind, I would like to conclude my remarks. What happened to my hon. Friend the Member for With these protections, the royal charter represents Mitcham and Morden (Siobhain McDonagh) in the the best possible outcome. courts today indicates just how far we still have to go to 641 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 642

[Mr David Blunkett] Paul Farrelly: I thank the Chairman of the Committee on Culture, Media and Sport for giving way. After the get some branches of the press to understand what they journey we have all been through, does he agree that to have done and what they need to put right for the command public confidence, what we need now for the future. I also commend the victims of press attack who new regulator is a new chairman and also a new chairman have been so assiduous in carrying through—sometimes of the code committee so that we can have a clean break with great pain to themselves—the campaign to get to from the discredited past? where we are today. Let me say that the solution that we have reached—and Mr Whittingdale: We do need a new tough regulator, I am very glad that we have reached it—protects the and the appointments to it will be conducted under the freedom of the press while also protecting the reputation processes now contained in the royal charter. There is of Britain across the world. It is important that what is a recognition body to be established that will make done in this House or in our media cannot be misused sure that those appointments are compliant with the or abused when it comes to the oppression of a free requirements of the Leveson report. media in other parts of the world. We still have a I want to make sure that the House does not lose problem in this country, however, in respect of what is sight of the fact that although there have been terrible now described as “the new media”. I hope that the abuses committed by the press, we still need to recognise charter and the sophisticated way in which penalties the vital role that the press play in a democratic society. will be applied to those outside it will help us. I was sorry The press have also been responsible for uncovering that Lord Justice Leveson’s report did not deal with the acts of corruption and abuse of power, and that does future, but we have an opportunity to do so now. not apply only to the broadsheet newspapers: some I make this brief speech because I believe that Parliament tabloids have an equally honourable record in conducting and politicians of all parties have demonstrated a such campaigns. As I think the Deputy Prime Minister professionalism, sophistication and maturity that, if said, we should recognise the vital importance of local applied to other areas of our lives, would be commended newspapers, and ensure that whatever system we introduce by the British people. Let me also make an appeal to does not add to the burden on them at a time when they some branches of the media and some campaigners are experiencing very difficult economic circumstances. who still “don’t get it”, to quote the words originally The majority of Lord Justice Leveson’s recommendations used when Leveson was being debated. have always been the subject of agreement on all sides. I want to ask Index on Censorship, which was on the Everyone agrees about the need for a tough, independent radio at lunchtime, please not to mislead people into regulator. It may well be that the outside world will believing that this agreement achieves something that it wonder why, in that case, it took until two, three or four does not or says something that it does not. I want to in the morning for agreement to be achieved on what say to those in the media who have been extremely vocal might appear to be a very small issue. However, I over the weekend that they should please accept today’s commend the Prime Minister for his recognition of the agreement as the best possible outcome to a situation fact that even a small amount of legislation could—I that was at one point seen as virtually impossible to repeat, could—be very dangerous. Certainly the suggestion resolve, with no squaring of the circle. The circle has of statutory underpinning caused real concern, and not been squared; Parliament has lived up to its historic just among people who were singing to the tune of the reputation; the leaderships all political parties have press. Organisations that are dedicated to fighting for stood up and been counted—and we should be proud civil liberties in this country and abroad also raised of this Parliament and our leaders today. genuine concerns about the implications.

4.52 pm Caroline Lucas (Brighton, Pavilion) (Green): I welcome the agreement, but does the hon. Gentleman Mr John Whittingdale (Maldon) (Con): I join those agree that it is disappointing that the proposals do not who have already congratulated the leadership and deliver equality in terms of women’s representation on members of all three parties on achieving at the eleventh the regulatory and overseeing bodies, and thus do not hour an agreement on a way forward. It is now more address the endemic sexism that is sadly very present in than six years since Clive Goodman and Glenn Mulcaire the British press today? were convicted of unlawful interception of communications. The reverberations from that are still continuing, but what we know for certain is that the initial claim that it Mr Whittingdale: I am afraid that I do not share the was one rogue reporter was completely untrue. We now hon. Lady’s disappointment. The last thing I want is for have evidence to suggest that the claim that it was one the royal charter, or the House in particular, to dictate rogue newspaper was also untrue. We await further who should or should not serve on the regulatory body. developments, but we are now on the point of getting That is a matter for the press, although it will need to what was needed for at least that six years or, arguably, meet the requirements laid down by Lord Justice Leveson, for far longer—a tough independent regulator of the which will be enforced by the regulatory body. However, press with real powers, able to carry out investigations. I am sure that the press will have heard what the hon. That is necessary to avoid any repetition of the abuses Lady has said, and will want women to be represented we have seen. on the body when it comes to make its appointments. This will be a voluntary system. It will be possible for Paul Farrelly rose— Private Eye, perhaps The Spectator, perhaps even a major newspaper, to stand outside the system, and Mr Whittingdale: I give way to my fellow member of maybe to have its own regulatory body; but if the press the Select Committee. are to enjoy protection from the award of exemplary 643 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 644 damages in defamation actions, some legislation will be charge are the freedoms of everybody else—in that wealthy, required. I think that that has always been accepted, privileged powerful group with so much to lose, everybody and I think that it is sensible. It is ironic that some of knew. those who have been campaigning on the issue were prepared to jeopardise the Defamation Bill, which they Mr Peter Lilley (Hitchin and Harpenden) (Con): Will themselves recognised as being so important, and the hon. Gentleman give way? which is vital to the protection of not just the press but individuals who suffer defamation. Mr Watson: In a minute. They did not all perhaps appreciate the scale of what went on, but everybody Mr Peter Bone (Wellingborough) (Con): Will my knew that a crucial part of our nation’s body politic was hon. Friend say a little about the process that has taken rotten. We did not know that they were hacking Milly place? A major reform has been decided behind closed Dowler’s phone, but we knew that that was the kind of doors with representatives of party leaders, perhaps thing they did. We knew that there were virtually no unelected. Members of Parliament did not even have a limits to the kind of things they did, and we did nothing. chance to look at the draft until the beginning of the For years, perhaps decades, we collectively looked the debate. Is he in any way concerned about that? other way. To be candid, even now we have let families such as the Dowlers shoulder a heavy load. They should Mr Whittingdale: The original draft was published not have been put in a position to mediate on these some days ago, although it has been subject to proposals, but they were and they did so—they had amendment. I fear that the truncation of the process to—under great duress, but with customary dignity. over the past 24 hours has prevented us from having as They did so because while the most atrocious things much time as was desirable, but if the outcome has were being done by people charged with upholding the been the achievement of all-party agreement and the highest standards, we averted our eyes—or we actively opportunity to have this debate, I personally welcome conspired. We joined in with what they did to other that outcome. people because it made it less likely—we thought—that The safeguard in the charter—the requirement for they would do it to us. a two-thirds majority in both Houses—is welcome At the root of all this was fear: an abject, dark-hours- because it will send the message that politicians will of-the-morning screaming terror that they would turn tamper with the royal charter at their peril. It is, of the lights of hatred on us, destroy us and humiliate course, somewhat cosmetic, as any future Government us—with pure lies or half truth, it did not matter with a majority in Parliament could overturn it and which—deliberately and viciously, for no reason other legislate if they chose to do so. It does, however, send than because they can, it makes money and it is just the additional, powerful message that this is something what they do. The effect was that the lives of the in which politicians should not become involved. That not-rich and the not-powerful—the utterly innocent, so issue has always underlain all my misgivings—and, much less able to defend themselves—were laid equally I think, those of my hon. Friends—about the original bare to the random acts of malice that we came to recommendations in Lord Justice Leveson’s report. believe were inevitable. I greatly welcome the fact that we have now achieved That was the dark hour of our parliamentary democracy, this agreement. I hope that it will deliver what we all whose lessons we must not forget as we congratulate want: a free press, protected from interference or ourselves today. But we can also take heart from having pressure from politicians, but at the same time subject finally fought back. Parliament showed its strength to clear rules enforced by a tough and independent where Governments failed. Brave journalists showed regulator. If that is the outcome, the House will have that the profession itself is a proud one. Honest police— done a good job. more than any in the person of Sue Akers—showed that the long arm of the law, once unshackled, can still 4.59 pm reach where it should. Mr Tom Watson (West Bromwich East) (Lab): I refer Today’s agreement is a good one; it is more than just the House to my entry in the Register of Members’ a moral victory. It took patience and strength to see it Financial Interests. through. It almost feels like a kind of closure—but I do For every one of the five years that I have been mean almost. We have a responsibility to give something worrying this bone, people have been telling me to leave back to journalism with strengthened freedom of it. They have been some very dark years—though latterly information laws, a proper public interest defence and rather euphoric, I suppose. Most of the time it has been imaginative ways to support investigative journalism quite lonely and bleak. We have learnt some pretty dark through the disruption of digital transition. At this late things about ourselves. By “ourselves,” I do not just hour, I hear that the charter extends its remit to internet mean politicians and the media; I mean the whole of publishing. I hope that we can make the distinction what used to be called the establishment—the quiet between self-publishing for pleasure and digital news cabal that runs the country, all within five miles of reporting for profit. where we sit tonight. I am talking about not just politicians, The central characters in this tragedy are Rupert but prosecutors; not just journalists, but judges, industrialists Murdoch and his News Corporation. He still sits at and editors; policemen, commentators and publicists; the head of the most powerful media conglomerate the the bold with the meek; and the guilty and the damned. world has ever seen and he still has politicians in his We were all part of this. This was not a conspiracy that pocket. They still will not change the media ownership no one knew about—not in the establishment anyway. rules because they are frightened of him and they curry Among the people I am talking about—the few thousand his favour. Amid it all, the Prime Minister looks over his most powerful people in the land, in whose collective shoulder as Murdoch’s people start to replace the current 645 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 646

[Mr Watson] Lord Puttnam will be dropped, but another important amendment to the Bill raises the bar on the ability of generation of leaders with the next. It is most naked on corporations to use the chilling effect of libel law on the Conservative Benches, but let us not avert our eyes legitimate investigative journalism and wholly helps the again and pretend that it is not happening on the press. Will the right hon. Gentleman commit to supporting Labour and Liberal Democrat Benches, too. the retention of that provision when the Bill returns to As we reflect on the terrible cost of failures today, let the House of Commons? us not leave the lessons half learned. Our children will not thank us for leaving the hydra with one head. Simon Hughes: I thank the hon. Gentleman, who is a journalist by training, for his work on the subject. One of the good things about today is that we liberate 5.6 pm the Defamation Bill and enable it to become the law of Simon Hughes (Bermondsey and Old Southwark) the land. We have a very out-of-date defamation law. It (LD): This whole debate began because the public felt has fallen into disrepute and one of the things that we that some of the press, not all of the press, were far too will have done—I was going to mention it—is make close to some politicians, not all politicians, and particularly sure that we do not clog up other legislation on which to politicians in government. It began because the public both Houses have worked very hard, and prevent it felt that some of the press, not all of the press, were far from becoming law—the Crime and Courts Bill, the too close to some police, not all police, in a way that was Enterprise and Regulatory Reform Bill and the Defamation very corrupting. It also started because people were Bill. I hope we can now go on to get the legislation as worried that some of the press would become all-powerful, right as is humanly possible in the remaining weeks of leaving no pluralism among those looking after news this Session. and current affairs, which is a guarantee of real freedom There is a suggestion that some parts of our society and understanding. should be outwith any legal construct. I do not think In many years since the war, Parliament and that has ever been accepted in this country, and when Governments have perfectly properly and reasonably we have not seen adequate self-regulation, Parliament commissioned inquiries into the press. When the most has intervened. We have done it in recent years in recent scandals broke and the Prime Minister took his respect of doctors, solicitors and ourselves. We have brave decision to announce that an inquiry would be taken complete self-regulation away from this place carried out by Lord Justice Leveson, with the agreement because we did not think we were doing the job properly, of the Deputy Prime Minister and the Leader of the and The Daily Telegraph and others showed that we Opposition, it seemed to me that Parliament and the were not doing our job properly. I commend them for parties all agreed that such matters should be reconsidered what they did. as things had gone badly wrong. There was consensus; I We have always followed the adage of the old judge, have never known such strong consensus in this House “Be you ever so high, the law is above you”, and that as there was at the moment when Parliament said that applies to the press too. We have never had a press free we had to put our house in order. from the laws of the land, but—returning to the intervention I commend Lord Justice Leveson and those who from the hon. Member for Newcastle-under-Lyme (Paul worked with him on his inquiry, to which the three Farrelly)—the libel law, the defamation law, was not party leaders, I and many others gave evidence. Lord available to most of the public. It was available to the Justice Leveson came up with an extremely balanced rich and famous, and very difficult for ordinary people report and its credibility is strongest because it is so well to pursue. Yes, there is criminal law governing the press, balanced. It did not come up with a draconian new and phone hacking was illegal under criminal law. That regime to deal with the press, but understood the desirability did not deal with all the complaints and all the problems of, the need for and the absolute imperative for a free that had arisen. press in this country while saying that we needed systems I, like others here, am one of the victims of those in place. illegalities, but I do not think any of us here think that We had a bit of a debate in this place and in the the problem was that we were getting it in the neck or media about what the structures should be and Lord that celebrities were getting it in the neck. We felt moved Justice Leveson spent a large part of his time and to act because people who were entirely out of the conclusions on that subject. He was clear about two public eye suddenly found themselves entirely in the things, however. He was clear that there should be an public eye, vilified, abused, misrepresented, traduced or independent self-regulatory system, and that that should publicly humiliated. It is people in the estates in Bermondsey be underpinned by statute. He made that explicitly clear and in the constituencies of all of us whom we are and today, in a clever but appropriate way, we have seeking to support, not because they do not need a free ensured that there is a charter at one remove from press—they do—but because on occasions the press legislation through which we can guarantee the new had abused them without adequate remedy. system and that is locked in by a legislative safeguard. I commend those who thought of the idea and I think it Mr Bone: The right hon. Gentleman is making a gets the balance right. There is underpinning in legislation, powerful statement, but is he really arguing that something but the key document is a charter agreed by this Parliament like the Independent Parliamentary Standards Authority and by all the parties in this place. is being set up? There is a serious point here. We know that IPSA has reduced the effectiveness of Members Paul Farrelly: Another advantage of today’s agreement of Parliament, and if we are setting up a similar body is that the Defamation Bill, on which we have worked so which reduces the power of the press, we have something hard, will be free to proceed. The amendments made by to worry about. 647 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 648

Simon Hughes: If I tried to defend IPSA now, I think little card that my party issues, which quotes from the I would be lynched, so I shall not do so. That is not the preamble to our constitution. I hope that we have all model that has been followed, and the royal charter is as done what one sentence of that preamble says, and that far away from IPSA as anyone could have contrived. we have all today taken action Let me make two final points. The important thing to “to build and safeguard a free, fair and open society, in which we come out of today is that we have established a regulator seek to balance the fundamental values of liberty, equality and which nobody can veto, a code of conduct which, yes, community”. will be drafted by the press but has to be agreed by Today is about getting the balance right. I think that we somebody independent of the press, the rights of third have corrected the balance and it is a tribute to all who parties to complain, and probably most important, the got us here. right of the regulator, if necessary, to direct both an apology and the method of the apology. 5.17 pm The greatest abuses recently have been the sort of Sir Gerald Kaufman (Manchester, Gorton) (Lab): For examples that the Prime Minister and the Leader of the me, this day marks the end of a journey that began Opposition gave. Somebody appears on the front page, 21 years ago when I became Chairman of what was the subject of a story that is totally untrue. Their career then the National Heritage Committee. Our very first may be ruined, their reputation damaged, their lives, inquiry was into privacy and media intrusion. At that their mental health and their finances decimated, and time, we were particularly concerned not so much about there is no remedy available. What happens and has what the press does to public figures—although sometimes always happened is that a very small correction or what it does to public figures can be cruel and unjustified, apology appears later, sometimes. That is the real failure but we are in the game and we know what we face—but of the system to date and that will now change. All our about what the press does to private individuals who constituents should have some hope that there may be a have never had any experience of a journalist knocking fairer system. at their door or coming through their garden gate, and who suddenly, through no fault or initiative of their Bob Stewart (Beckenham) (Con): Is the right hon. own, find themselves hounded and harassed by the Gentleman suggesting that if there is a calumny on the press. We referred in that inquiry in particular to families front page of a red top, the apology will also be on of murder victims. We referred to families of soldiers the front page? If he is, that is great. who had been killed in action. They could neither control what had happened to their families nor in any Simon Hughes: That is exactly what I think the public way respond or cope with journalists looking for a want. That is why it has been a privilege to work with story. colleagues of all parties and their staff. I pay tribute to We made a recommendation that the remedy should the Prime Minister and his team, to the Deputy Prime be a privacy Act with a public interest defence. We were Minister and his team. and to the Leader of the Opposition, looking at parallels with the United States constitution, his deputy and their team, and to their staff, the civil which defended the freedom of the press while at the servants, the special advisers and others who have worked same time defending the freedom of individuals. It is beyond the call of duty, and to the Clerks, including the very sad that although the remedy that we proposed Clerk of the House. There has been an absolute will to might not necessarily have been the most effective or try to solve the problem in time. the most appropriate, nothing was done. Nothing was done by the Government who were then in power; Mr Adrian Sanders (Torbay) (LD): Is not the prize nothing was done by the Labour Government who here the fact that a free press will still be able to expose succeeded it. We are having this debate today only wrongdoing, but not at the expense of trashing people’s because of the exposure of the scandal of phone hacking, lives? particularly concerning the Dowler family, but also relating to a considerable number of victims of intrusion Simon Hughes: That is a very good summary. We into privacy. want the best and freest press in the world, but we do not want a press that is marred and tarred by being seen I congratulate all involved in arriving at the solution to cosy up to the Government of the day, and compromised, that has been put before the House today. When the and parties compromised. We do not want a press that Prime Minister made his initial announcement, I made does dubious deals with the police behind closed doors, clear, as I did in the subsequent debate, my opposition not in the interests of members of the public. We want to statutory regulation of the press. I was a working people to be able to be supported by the press, not journalist for nine years on Fleet street, and I was proud trashed by the press. My hon. Friend is quite right. of the privilege of working in communications, establishing facts and investigating wrongdoing. Whatever we might think of some of the worst excesses of the press, a free Dr Sarah Wollaston (Totnes) (Con): Will the right press is indispensable to a free democracy. Indeed, I hon. Gentleman give way? would go so far as to say that if the choice were between a corrupt and irresponsible press or a state-regulated Simon Hughes: No, please, many others want to press, I would—obviously with great reluctance and speak. while biting my tongue—opt for the irresponsibility and For 20 or 30 years, colleagues of mine in both Houses corruption. I want a free press in this country, and I have said that we needed an inquiry such as this—Lord want it to be able to do what it does without fear or McNally, Matthew Taylor and many others—and we favour. Today we are getting the possibility that that can have now had one. Whenever people ask me what I be achieved while protecting decent, innocent people stand for, I do not invent my own words; I look at the from intrusion. 649 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 650

[Sir Gerald Kaufman] concerned that so many speakers are saying that we must have a free press, must respect that free press, and I congratulate my right hon. Friend the leader of the must enshrine the freedom of the press in some form or Labour party. Other leaders of the party could have in some law, because I thought that a free press was worked on this but did not, however much I admired simply part of the deal of living in this democracy. I them and however much they were my friends. I also worry when we say that we are not enshrining these congratulate the Prime Minister, because his agreeing new laws in statute. We have amendments on the Order with my right hon. Friend to have a royal charter—I Paper and we talk about having to pass this into law congratulate the right hon. Gentleman who thought both in this House and in the House of Lords. To me, that up, because it was very clever indeed—made what that feels very much like statutory regulation and legislation. is happening today possible. I congratulate the Deputy I have the greatest sympathy for all the people who Prime Minister, too, and my right hon. and learned were turned over by the press. Although it is unfashionable Friend the Member for Camberwell and Peckham to say so, I also have a great deal of sympathy for many (Ms Harman), the deputy leader of my party, on her of our former colleagues who were turned over the hard and detailed work. press; I think that many of them were very good men What we have today is the possibility of proper and women. The truth is that more than 50 journalists regulation. All my experience of the Press Complaints have been arrested and face a date in court. Commission, both personally and as Chair of what The police seem to be getting their act together. They became the Culture, Media and Sport Committee, showed are rooting out the bad practice whereby police officers me that it was a total waste of time. It was a façade sell stories or are in the pockets of the media. We are behind which the most irresponsible parts of the press getting to grips with that issue. Another part of the did whatever they wanted. Over the years, and even problem we are facing up to is that the leaders of after publication of the Leveson report, they still dragged the main political parties have been far too cosy with their feet and had many more drinks over the eight in the media for far too long. We cannot separate those the last chance saloon. Well, the last chance saloon is relationships from what is happening here today. As a putting up its “Closed” sign today, which is a very political class, we have failed as well. important achievement. Although no newspaper is faultless, I think that it Penny Mordaunt (Portsmouth North) (Con): I is appropriate to pay tribute to the journalists on understand why my hon. Friend is unhappy, but does he The Guardian, who worked very hard on this and were take any comfort from the fact that we have been able to not stymied or deterred. That is important, because argue that it is right to take the route of the royal they demonstrated that in the middle of all the scandal charter, which was once a minority view, as opposed to and uproar, journalists could still do the job of a journalist. other forms of regulation?

Mr Bradshaw: Does my right hon. Friend agree that Mr Walker: I note my hon. Friend’s intervention, but as well as The Guardian, the Financial Times, The I remain concerned about the royal charter. Even changing Independent and the Mirror Group deserve credit for the royal charter requires the changes to be laid before having last week agreed with the Labour and Liberal both Houses and to secure a resolution by two thirds in Democrat versions of the charter? both Houses. We do not do things by two thirds in this place; we do things by 50% plus one. Sir Gerald Kaufman: I do agree. Of course, I am always ready to pay tribute to the Mirror Group in view Jacob Rees-Mogg (North East Somerset) (Con): The of the fact that it paid my wages for nine years and two-thirds thing is obviously nonsense, because this I wrote leading articles for it. House cannot bind its successors and a future Parliament We now have a chance—the equivalent of a public can simply delete it. interest defence. With luck, but with far more than just luck—with an enormous amount of detailed consultation Mr Walker: I thank my hon. Friend for his intervention. and work—we have got to this position today. When I I agree that the two-thirds provision is nonsense. It first spoke in the debate on the previous occasion, I said that appeared in this House as part of the fixed-term Parliament when I was a working journalist I was proud to be a legislation. It was wrong then and it is wrong now. working journalist. The House of Commons, working I have probably gone on for far too long. Many better as a British Parliament should—it does not all that speeches than mine will be made today, and already often do so—has now made it possible to restore the have been. All I would say is that we have to strike a pride in being a journalist, and that is a great achievement note of caution. I am not sure that today is the wonderful for all of us. day that everyone is portraying it to be; in fact, I think it is a very sad day. I hope that we do not live to regret this at some stage in the future. 5.25 pm

Mr Charles Walker (Broxbourne) (Con): This House 5.29 pm is at its best when there is an element of tension in the debate, and I am concerned that there is not that Chris Bryant (Rhondda) (Lab): I refer hon. and right tension today. hon. Members to my entry in the Register of Members’ We have a pretty revolting press in this country; I Financial Interests. realised that from about the age of 18 onwards. It is This morning was quite exciting. Last week’s papal pretty unpleasant, to be perfectly honest; there is not conclave lasted only two days, but a conclave that had much merit in much of its coverage. However, I am lasted five days, or even 10 weeks, brought forth white 651 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 652 smoke this morning. I hope that I do not have to say I was in the High Court this morning to hear yet this too often, but I commend the Prime Minister. We more revelations about how a phone belonging to a now agree on two issues—press regulation and same-sex Member of this House was stolen from her car in 2010 marriage. It is getting to be a habit, so let us hope that and then, only late last year, its private details accessed he joins us on the bedroom tax and a few other things. by The Sun. Personally, I do not think that the editor of that newspaper should still be in his job. It is incredible Dr Wollaston: Does the hon. Gentleman agree that it that an organisation that had said that it was cleaning was more white flag than white smoke? I agree with my out the Augean stables was still, in September and hon. Friend the Member for Broxbourne (Mr Walker) October of last year—long after the Milly Dowler that this is a sad day. This is more than just a toenail in revelations came out—behaving in this extraordinary the door of regulation of the press and we may live to way. regret it. Mrs Madeleine Moon (Bridgend) (Lab): I totally Chris Bryant: I am afraid that I am going to take the endorse everything that my hon. Friend has said about Prime Minister’s side on this. I think that the proposal is Soham. That is exactly the experience that we had in well crafted, necessary and sufficient and that more Bridgend. The difference between Soham and Bridgend might have been harmful in the way suggested by the is that the Press Complaints Commission did come to hon. Lady. Incidentally, I am not particularly in favour our rescue. I will always be grateful to it for that. The of Popes, so the white smoke analogy is almost irrelevant. PCC standards were changed and it made a difference I also commend the leader and deputy leader of my in Bridgend. The PCC was toothless in many ways, but own party, because they have driven resolutely towards that was because the regulations under which it was set a sane and sensible conclusion, which is what we are up made it toothless. Where it could act, it did. discussing today. Chris Bryant: I hate to say it again, but I rather agree Kevin Brennan: Does my hon. Friend take with a with the Prime Minister. The PCC was toothless because pinch of salt all this stuff about Winston Churchill and it was not independent. It was not independent from the a free press? It was Churchill, after all, who published a press in any shape or form. The code committee consisted state-funded newspaper, The British Gazette, to try to substantially of editors, many of whom adjudicated on suppress the general strike. whether they had broken their own code. When they had broken their own code and it had been decided by the rest of the committee that they had done so, they Chris Bryant: I think I will leave that to one side, but I stayed on the committee. They had an extraordinary did object slightly to the front page of The Sun today, way of marking their own homework, giving themselves because its hyperbole did it no favours. It did not inform an A and, when their colleagues said that it should have the debate and I think it was unwise. been a B, deciding that it should have been an A-plus. My interest in this issue started before I was elected as an MP, when the two girls were murdered in Soham. Not only was the PCC not independent; it was held in A friend of mine, Tim Alban Jones, was the vicar of contempt. Throughout the revelations on phone hacking Soham and I remember clearly that every door in that by the News of the World, the PCC decided not to village was knocked, not just once but many times, investigate. That was partly because it did not have the because members of the press—and, sometimes, television power to investigate, but I believe that it also chose not and radio crews—were desperate to find some new to investigate. It always took the line of the News of the angle to the story in order to sell their newspapers. World. It hung out the line about one rogue reporter for Frankly, that community was in complete and utter everybody else to bite on for longer than even the News shock. The press was not doing anything illegal, but it of the World. In the end, the chairwoman of the PCC was unethical and immoral and it bullied and hounded had to pay damages to a journalist because she had the local community, which was deeply distressing, completely and utterly got the story wrong. particularly to the families who had lost loved ones. It took the vicar to stand up for the community and Damian Collins (Folkestone and Hythe) (Con): When say, “Listen folks: will you please just leave this community we debated the Leveson report last year, many hon. alone?”The Press Complaints Commission in that instance Members said that self-regulation had clearly failed. I was completely and utterly useless. I think the Prime think that the hon. Gentleman is saying that we never Minister once referred to the PCC as a busted flush and had a system of self-regulation because the PCC was that is exactly what it has proved to be. never a regulator. What we have today, which the House can unite behind, is the first ever proper system of self-regulation for the press. Jacob Rees-Mogg: The BBC has a royal charter. Will the hon. Gentleman remind me of how well it has behaved in recent years, particularly in relation to Jimmy Chris Bryant: Spot on! I completely and utterly agree Savile? Is a royal charter an amazing thing that prevents with the hon. Gentleman. abuses from ever taking place? This point matters, because if a body is not seen by the public to be genuinely independent, why would any Chris Bryant: No, of course not. I think it was member of the public choose to go to it for fair redress? Thomas Hughes, who wrote “Tom Brown’s School Days”, If they think that it will always adjudicate in favour of who said that simply passing a law will not make the press, why on earth would they use it, even if it is everybody obey the law and that making theft illegal cheaper or, as it will now be, free? I am glad that we have did not prevent everybody from being a thief. got that into the charter. 653 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 654

[Chris Bryant] not seen—the motion we are debating is not printed anywhere—and a draft charter that people have only I am not a big fan of royal charters, and have not just seen, halfway through the debate as it is handed been from the beginning, because it is a much more round. We have manuscript amendments in this House autocratic way of doing business. A royal charter can be and the House of Lords, and on the whole we tend to changed automatically just by the will of Ministers. make bad legislation when we do it on the hoof and That is why, at first, I was wholly opposed to the idea of those on the Back Benches are asked to trust in those on the Minister for Government Policy, the right hon. the Front Benches. Member for West Dorset (Mr Letwin). I think that he We are doing a good thing today and it is something came up with the poll tax as well and I was not in favour we should have done a long time ago. I take no pride in of that either. the fact that the Government whom I supported when the Labour party was in government did not do enough Edward Miliband: The community charge. in this field and could have acted earlier. In the past, we as politicians have tended either to chase or to run as far Chris Bryant: Sorry, we have to rename all of these away as possible from a headline, which on occasion has things. It is great to be heckled by the leader of my own meant that we have not been brave enough, or been too party. cowardly, in matters of press regulation. We let the Article 9 of the charter specifies that the charter victims of crime become the victims of the press as well, cannot be changed except by a two-thirds majority. and—let us face it—we let Parliament be lied to time Incidentally, the answer to the hon. Member for Stone and again. I am glad we are putting a full stop on that (Mr Cash) is that the two thirds applies not to all today. Members of the House, but just to those who vote. The most important thing is that that provision in article 9 5.41 pm has to be put into statute. That is the statutory underpinning that protects the charter, the House and everybody else Mr Peter Lilley (Hitchin and Harpenden) (Con): I from Ministers. congratulate my right hon. Friend the Prime Minister on preventing us from going down the route of full-scale Mr Bone rose— statutory legislation of the media. Undoubtedly, what he has achieved was the best possible measure that Geraint Davies (Swansea West) (Lab/Co-op) rose— could command a majority in the House. I urge the House, however, to remember that when Members on Chris Bryant: I will not give way, if Members do not both Front Benches agree, we invariably make our mind, because I have given way quite a lot and I am sure worst blunders because the normal adversarial process that hon. Members think that I speak too much anyway. of criticising measures is put aside. I hope we will [HON.MEMBERS: “Hear, hear!”] It is nice to unite the consider what may be wrong with this measure, as well House. Again, it is nice to see the leader of my party as what may be right. agreeing. The Leveson inquiry was set up because of phone We can all agree to this system today, but if the press hacking and libel, both of which were and are against does not sign up to it, it will have been a complete and the law, and neither of which is tackled by this royal utter waste of time and energy. The money that was charter. Those who always—rightly or wrongly—wanted spent on the Leveson inquiry—wasted; the efforts of all to legislate to control the press have seized on the abuses the families who put themselves through another form of hacking and libel to propose legislation that tackles of upset and humiliation—completely and utterly wasted. quite other problems that they see and have always I say to the press that there are times when their wanted to deal with. hyperbole is wonderful, entertaining and lovely. Even I sympathise with those who have been victims of when vicious hyperbole is addressed at oneself, one can press abuse—I, my family and relatives have probably sometimes take the joke. However, some of the ways in been subject to more defamation and intrusion than which the press have put forward their argument in the almost anybody else in this House. Only last month I past week have not been helpful to their cause. I hope sent another cheque for 20 grand to a charity in my that the press will now come on board. constituency after the latest offensive defamation. I do There is a proud press tradition in this country of not think, however, that we should automatically presume being able to tell the truth to the Government, politicians that those who have been victims of abuse have great and those in authority. The Guardian revealed the truth expertise in legislative matters, or grant those of us who about phone hacking at the News of the World, despite have been victims a licence to legislate without criticism. many other people trying to prevent that from coming That is simply mawkish sentimentality and it has led the out, and that is important. For myself, I bemoan the House to focus exclusively on the legal framework we fact that the Rhondda Leader is not quite the newspaper are establishing—a royal charter versus statutory regulation that it was nine years ago; it is not as read as it was then, —and not on the powers we are giving the regulator, or which means that local politics are probably even less that the regulator will be able to give itself. scrutinised than Parliament today. I asked the Hacked Off lobby group, which was I wish to make one brief point about the way we are lobbying me and saying that it was keen to answer my conducting our business today. I now have a copy of the questions, what powers to prevent or require publication charter—I think it is your copy, Mr Speaker, and I am the regulator will be given by this royal charter, what grateful to you for finding one for me. In the end, sort of material it could prevent or require the publication however, this is not a good way for the House to do of, and what limits there are to the sorts of material it business. We are dealing with a motion that we have could prevent or require publication of. 655 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 656

On first inspection, it appears that the charter can It find it worrying that we are, so far with no discussion, require prominent apologies for abuse of individuals. If setting up a body with open-ended powers. It will have that were all it could do, I would be fine with it. In my the ability to levy £1 million fines and effectively to time, I have had a banner front-page headline apology—I deprive people of a livelihood if they break the code it forget which newspaper it was, but the bottom banner establishes—[Interruption.] As my hon. Friend the Member headline on the front page was, “We apologise to Peter for Clacton (Mr Carswell) says, like the Climate Change Lilley”. I hope others get the same when they are Act 2008, which we have subsequently learnt to regret, similarly abused. the charter has the support of those on both Front However, that is not all the charter can do—the Benches. powers go beyond that to enabling the regulator to do I hope that when the body is established, a lot of other things, such as requiring those who subscribe to media organisations will have the courage to follow The publish a factual correction. That is a pretty dangerous Spectator and stand aside from it and remain free while, step. We are giving a body the right to decide what is hopefully, adopting the highest standards in how they fact and what is true. At best, that is a recipe for publish and how they treat the public. multitudinous time-wasting complaints that something is factually incorrect; at worst, it will establish a mini, self-appointed “Ministry of Truth”, which can decide 5.49 pm what is true and must be published and what is false and Mr Nigel Dodds (Belfast North) (DUP): I am grateful must be withdrawn. for the opportunity to participate briefly in this important We note that no similar powers are taken with respect debate. to the BBC, which will never be required by an outside At the outset, it is right that we remember what has body to publish corrections when it is factually incorrect, brought us to this point: the terrible abuses and suffering as it frequently is—[Interruption.] The hon. Member inflicted on the Dowler family, the McCanns and many, for Rhondda (Chris Bryant) advises me how to get many others. Nobody in this country in the 21st century corrections, but it is difficult enough even to get a reply. should have to go through what they went through. As a result of the action taken today, we hope that such Chris Bryant: Will the right hon. Gentleman give abuses will not happen, but that if they do there will be way? appropriate, speedy and fair mechanisms in place to deal with them. Many hon. Members have referred to Mr Lilley: No; I have got the hon. Gentleman’s point. laws that are in place, in both criminal and civil law, My third point is on prevention. The charter says: to deal with such abuses. However, the law of defamation and the ability to take action in the civil courts for libel “The board should not have the power to prevent publication of any material”. are not available to many people, because of the punitive nature of the costs and the fear that they may end up I am not sure what the legal power of “should not” is. bankrupt. I am glad to hear that the right hon. Member The charter also states that the board “should” be able for Hitchin and Harpenden (Mr Lilley) has had success to do other things. in the civil courts, but many ordinary citizens, and even many with greater means than those in this House, have Mr Robert Buckland (South Swindon) (Con): My been prevented from getting justice because of their right hon. Friend raises an important point about the fear of the consequences of going to court. wording of the document. The document sets out the criteria for recognising the regulator, not the terms of We on these Benches have always believed that the reference for the regulator itself, which will be a separate Leveson report offers a balanced way forward. We did matter for the independent regulator. That is why the not subscribe to the view that it would impose statutory word “should” is used. regulation of the press—far from it. I commend the Prime Minister, the Deputy Prime Minister and the Leader of the Opposition, and all those who worked Mr Lilley: My hon. Friend reinforces my point. The with them, for coming up with what I believe is a fair, document does not prevent the regulator from preventing balanced and sensible way forward. It is better that the publication; it says merely that publication “should” be House of Commons should speak with a virtually prevented by someone else if they get around to it. united voice on this issue, as that makes it harder for In any case, since the regulator can offer advice to any section of the press to stand outside what is agreed, editors of subscribing publications on how they should and that is extremely important. There has never been best comply with the code, and punish editors with any question of any threat to the freedom of the press, fines of up to £1 million if they subsequently do not and the freedom of the press is not endangered by what follow such advice, it effectively means that the regulator has been suggested here today through a royal charter. has the considerable power to prohibit or discourage publication. Paul Farrelly: I commend the right hon. Gentleman The final question I asked Hacked Off was whether and his party for their support. On that point, we there were any limits in the measure as to how far the congratulate ourselves today, but does he agree that the body and the code can go in future when it is annually press itself sets up the regulatory arrangements and the reviewed. Each time it will be made more intense and its press itself sets up the appointment panel? The only scope will be extended because that is how regulators requirement is to demonstrate that the people appointed work—they always increase their powers. As far as I to the panel are independent of the industry, whatever could work out from Hacked Off’s rather incoherent that means. Must we not be vigilant all the way through, reply, there are no limits to the powers that the body can so that we do not repeat history and allow regulatory grant itself or the extent to which it can go. capture from day one? 657 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 658

Mr Dodds: I absolutely agree. It is important to we live, it is ironic that we have decided that this is the emphasise that today’s provisions, and Leveson himself, way forward, rather than saying that the people’s propose a means of independent self-regulation. Some representatives should have the opportunity to discuss, of the hyperbole and over-the-top commentary has amend and vote on it. I understand the reasons, but been deeply counter-productive and simply wrong. The surely there is an irony for all democrats in that. idea that there should be nothing in legislation is deeply flawed. How else will we properly apply the issue of incentives and disincentives unless we pass something in 5.57 pm this House that deals with exemplary damages and Sir Edward Garnier (Harborough) (Con): May I invite cost? There has to be legislation. I welcome statutory you, Mr Speaker, to imply into what I am about to say underpinning—for that is what it is—to non-interference all the paeans of praise, self-congratulation and mutual in the royal charter. congratulation there have been in the course of the As was said earlier by a number of hon. Members, afternoon, because that would save time? May I also including the Chair of the Select Committee, the hon. draw the attention of the House to my interest in the Member for Maldon (Mr Whittingdale), no Parliament Register of Members’ Financial Interests? can bind another Parliament. The doctrine of the Much of the debate we have had—not this afternoon, sovereignty of Parliament means that the two-thirds but in the course of the previous six months or so—has majority is open to being changed by a simple majority been somewhat mis-focused: Lord Justice Leveson never and the passage of any legislation in the normal way recommended statutory regulation of the press. Just as in any future Parliament. However, it sends a message there has been inaccurate criticism of what he recommended and draws attention to the fact that if Parliament from the more hysterical commentators in the media, so wishes to legislate on the matter, in overturning a distinct there has been equally inaccurate and exaggerated criticism and discrete piece of legislation it is doing something from the other end of the market. I suspect that what we significant. have managed to do today is to come down sensibly and gently into the middle, which is probably where we Geraint Davies: Does the right hon. Gentleman think would have been in the first place if we had all read the there is any risk, over time, of a political appointment Leveson report carefully. But there we are and here we to the oversight body—with the advent of a right-wing are, and that is a good thing. UKIP Parliament or whatever—that will constrain the freedom of the press? Boiling Leveson down, in essence he said that the Press Complaints Commission was not up to snuff, and Mr Dodds: No, because the system put in place for that we needed a better version to achieve public protection appointments to the regulatory body makes it very clear and to ensure that the press, in the appropriate cases, how that body should be populated. The terms of the behaved itself. To achieve that, clearly what we do not royal charter are very clear that appointees will not need—as the Prime Minister has said on a number of be drawn from the political classes, will not be occasions—is the press or the media to mark their own parliamentarians, and will not be involved in government homework. or legislating. That is very important. Of equal importance, and why my party supported the version of the royal Mr Jim Cunningham (Coventry South) (Lab): Does charter proposed by the Leader of the Opposition and the hon. and learned Gentleman think that we need to the Deputy Prime Minister, was the issue of the press clear up the relationship between the regional press and industry having a veto over who could be appointed. the local press, which often finds itself in financial We believed that that was wrong and would not be difficulties, especially with the many cutbacks in that tolerated in any other walk of life. It is absolutely area recently? proper and fair that there should be an appointment system that is not populated by the political classes and Sir Edward Garnier: I am sure that that is a very good that is not capable of being vetoed by the industry. It point, but it is not quite the one I am addressing. was important for us that the regulator should have the We need to ensure that press regulation, insofar as we power to direct apologies and corrections, including have it, is independent of the press and enabled to where they should be printed. That was recognised in achieve justice for those affected by misconduct, but we the alternative version of the royal charter published on must be careful not to oversell this project. I have a Friday, and we welcomed that. I therefore welcome its hunch—it is only a hunch, but we will find out in due adoption in what is being presented to the House this course; it might be that my right hon. Friend the Secretary evening. of State for Culture, Media and Sport, who I think will We support what has been done: we welcome the fact be winding up the debate—[Interruption.] Oh, the Prime that the royal charter has been changed for the better by Minister will be winding it up—that is even more wonderful. cross-party agreement. I understand fully and endorse May I go back and regurgitate that praise after all? It is the reasons for proceeding by means of a royal charter splendid news. I almost feel like sitting down. as opposed to legislation. However, there is an irony in We need to be careful not to oversell the project being that we are now saying that the proper and best recourse launched today. I have a suspicion—I have no evidence is to proceed on the basis of a very antiquated means for my hunch, but we will see over the next year or that is not subject to line-by-line scrutiny by elected so—that not many cases will come before the new body, Members of Parliament, or in any way subject to because it will be unable to deal with issues of huge amendment. This is being brought forward on the basis factual or legal complexity. One problem with the PCC—it of a draft by Her Majesty. Now, as a royalist and a had its fans and its critics—was that it could not disentangle monarchist I am all for that, and have no difficulty with hugely complicated issues involving disputes about it. However, in the modern, democratic world in which whether the sting of a libel or the words complained of 659 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 660 were true or false. It could not gather together and sift On the point about overselling, I have a suspicion huge volumes of documents exchanged on disclosure, that we will not see many of these cases. The arbitration which can be done by a judge and advocates in court. I system will be free, which will increase access to it for suspect that this necessarily more informal system will those without means of their own, so I suspect that be able to deal with only fairly simple cases. There is many self-represented people will come before it. That nothing wrong with that; I just urge the House not to be will place a strain on the panels deciding complaints. persuaded that this cross-party agreement will replace Leveson recommended a ring-fenced monetary penalty the royal courts of justice. system under which money recovered from malefactors would help to fund the system and the cases being Barry Gardiner (Brent North) (Lab): We have heard brought before it. It would be interesting to find out how exemplary damages are supposed to drive people from the Prime Minister whether a system of compensatory into this voluntary arrangement, but will the hon. and payments would be available to the body, or whether it learned Gentleman confirm that no judge would penalise would simply be a question of punishing the respondent somebody for not being part of the voluntary arrangement newspaper or media organisation. If a victim of newspaper and would be no more likely to impose exemplary misconduct required compensation, would they have to damages on somebody outside it than in the normal run go to the courts to settle or get an agreement from the of events? In that sense, the whip of exemplary damages respondent, or would the independent body be entitled would not be there, although I recognise that the incentive to award the newspaper’s money as compensation? The for those inside it would be. latter, too, would incentivise claimants to use the system, rather than going to the expense and trouble of clogging Sir Edward Garnier: The hon. Gentleman makes a up the courts with less important cases. good point. The point about exemplary damages, as set out on the amendment paper, would incentivise people Barry Gardiner: What would happen if a newspaper to join the scheme, although as I understand the failed to enact a decision appropriately—for example, if amendments—I might have misread them—they do not it printed an apology on page 32, instead of page 1? mean that if someone is in the scheme, they will be Who would quantify, and how would they quantify, immune from exemplary damages, and that if someone that failure, and what would be the redress? Who would is outside it, they will always be milked for them. The actually enforce the contract? old rule in Rookes v. Barnard and so forth would still apply, insofar as it is relevant nowadays, but, as the Sir Edward Garnier: The short answer is that I do not Defamation Bill will make clear, juries will be taken out know, but I would hazard a guess that if a signed-up of exemplary damages cases, which will be decided by a member, which would therefore be susceptible to the judge alone. To that extent, exemplary damages will jurisdiction of the body, failed to do what the body play a part in the proposals, but in my experience they commanded, it would be in breach of contract, and are quite rare in libel actions nowadays, although not arrangements would be put in place to ensure either unheard of. that the contract was complied with or that damages were payable for breach of contract. Someone might Geraint Davies: Does the hon. and learned Gentleman have to litigate the breach of contract, but the system believe that the proposed system is resilient enough to might contain fail-safe measures allowing the independent be exported? Could it be taken off the shelf by Egypt or body to revisit the matter and deal with the malefactor Kenya, for example, or would it only work in a mature in some preordained, but sensible, way. democracy, such as ours, where checks and balances are already in place? Mr Bone: Will my hon. and learned Friend give way?

Sir Edward Garnier: The Prime Minister and the Sir Edward Garnier: I will take this interjection, but I leader of the Labour party were extremely busy over the am beginning to waffle, and it is high time I sat down. weekend, as were their representatives, dealing with England and Wales— Mr Bone: Is not one of the problems with this process that we have not had time to read and prepare for the Chris Bryant: Wales won. detailed issues, such as the ones we have just been discussing? That is a flaw in the process and could lead Sir Edward Garnier: And I am not sure that their to bad legislation. minds were on libel tourism to Cairo and other places along the Mediterranean, but who knows what will Sir Edward Garnier: I am afraid that that is just one happen? Let us try and get it right for England and of the things we have to live with, and if we cannot cope Wales. with it, we are probably in the wrong place. I noticed that the hon. Member for Rhondda (Chris Bryant) was Chris Bryant: Wales won. able to speak for 12 fluent minutes without having seen the motion or read the charter—but then he might have Mr Speaker: Order. The hon. Member for Rhondda prepared something earlier. (Chris Bryant) keeps chuntering from a sedentary position that Wales won. His point is now on the record. I trust Chris Bryant: I wish you had. that he is satisfied. Sir Edward Garnier: That is also probably true. Sir Edward Garnier: The hon. Member for Swansea To wrap up, something good seems to have happened West (Geraint Davies) will have to wait and see whether over the course of this weekend and it is about to be the Egyptians cut and paste our system. translated into further action this evening, but I urge us 661 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 662

[Sir Edward Garnier] I had particular experience of this issue as a Minister, when I was responsible for victims of terrorist attacks not to oversell it or think that we have solved the after 9/11 and 7/7. It was truly shocking how the grief of problem of press misconduct. It will go on—it is all part many of those families was compounded by insensitive of human nature. However, we have made a small and uninvited intrusions by journalists who were in the step—indeed, rather more than that—towards bringing grip of the competitive pressure of their newspaper the press and the public to a better place. I therefore against another. Because of that, I welcome the fact commend the Prime Minister and all who took part in that the new body will have the power of initiative, the negotiations. which has been one of the great weaknesses of the Press Complaints Commission. 6.9 pm We will condemn the new system to failure if we believe that this is the end of the story, because there Dame Tessa Jowell (Dulwich and West Norwood) will always be tension in the operation of the new set (Lab): I want to make just a brief intervention in this of arrangements between how the new body works, the debate. I draw the House’s attention to my entry in the maintenance of a free and untrammelled press and Register of Members’ Financial Interests and also record the proper protection for public interest that I know the the fact that I am a witness to proceedings that have yet House is united to achieve. to be heard before the court in relation to phone hacking and other matters. 6.15 pm I join others in congratulating the Prime Minister, the Deputy Prime Minister, the Leader of the Opposition Sir Roger Gale (North Thanet) (Con): I hope—and and the deputy leader of the Labour party. I also pay I think I believe—that my right hon. Friend the Prime tribute to my hon. Friends the Members for Rhondda Minister, with the Culture Secretary, the Deputy Prime (Chris Bryant) and for West Bromwich East (Mr Watson). Minister and the Leader of the Opposition, has come It is unlikely that we would have reached this point had up with a solution to the regulation of the press through it not been for their tenacity and courage at an early the royal charter route, addressing a problem that has stage in the unravelling of this saga. I believe that the lain on the table unresolved for far too long. settlement announced today by the Prime Minister It was when my right hon. Friend Lord Wakeham after negotiation represents a popular consensus—a was chairman of the Press Complaints Commission proportionate balance between the interests of a free that I first raised with him my concerns about the press, and the public interest and the reasonable expectation manner in which only the super-rich could obtain redress of the public to a measure of protection. through libel action, while ordinary people nursing In the unlikely event that many members of the ordinary grievances had nowhere to run to, because at public will read the proceedings of today’s debate, they that time the PCC was the creature of the press. It was might at moments regard it as a debate that is rather paid for by the press, it was run by the press and it was overly concerned with the position of politics and politicians. self-serving. It was a sadness that even the black arts of I believe that Members of this House have to roll with my right hon. Friend, learnt in the Whips Office over the punches a lot of the time—to live with the fact that many years, failed to address the machinations of newspaper journalists will write things about us that are disobliging, proprietors and newspaper editors. that we do not like and that we do not agree with—but to some extent that is part of being a public figure. The I say “I hope” that what we are doing will work focus of our concern and all the work done to get us to because I have some reservations. My hon. and learned today’s settlement is those wholly private people who Friend the Member for Harborough (Sir Edward Garnier) find themselves suddenly thrust into the spotlight of said that it was an updated version of the Press Complaints passing public curiosity, usually because something dreadful Commission. God forbid that it is, because if it is has happened to them. Their grief and distress have remotely like the Press Complaints Commission, it is been compounded by the insensitivity and intrusion of doomed to failure. My concern is about the membership the media, and that extends way beyond the individuals of the regulatory bodies, the recognition panel and the and families whose cases are well publicised. appointment panel that will appoint the recognition panel, because if there is the slightest chance that all or any of those bodies are dominated by newspaper proprietors Richard Drax: Is the right hon. Lady saying that, for and/or newspaper editors or senior journalists, I fear emotive cases where, as she claims, intrusion is an issue, that we will again end up with yet another self-serving the press of this country should not cover such stories? body. Dame Tessa Jowell: I am certainly not saying that, but I hope that the new regulatory body will establish a Damian Collins: Does my hon. Friend agree that one code of conduct that strikes a proper balance between of the key differences between the new model being the public interest—separating it from public prurience proposed and the PCC is the power to initiate investigations? and curiosity—and the real and lasting harm done to There were plenty of warnings about phone hacking, people at what in so many cases is the worst moment of bad practices and the trade of confidential information, their lives. That is the balance that is so often lost. but the PCC was unable to do anything about them because it was not a proper regulator and therefore had Damian Collins: Will the right hon. Lady give way? no genuine investigative powers.

Dame Tessa Jowell: With respect to the hon. Gentleman, Sir Roger Gale: I understand where my hon. Friend is I will bring my remarks to a conclusion. I am sure he coming from, but we need to remember that the Press wants to take part in the debate later. Complaints Commission set its own code of conduct, 663 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 664 in precisely the same way, as I understand it, that the I could give him details of some of the changes that press will be invited, under the terms of the draft were made as a result of arguments put forward by me charter before us, to set its own code of conduct. and my hon. Friends. Some of our arguments won the day and, in one case, we preserved the freedom of Mr Buckland rose— Members of Parliament to speak out in this Chamber when the draft proposals would have defeated our privilege Mr Whittingdale rose— in that regard. With the greatest respect, I urge the Prime Minister to remember that, should there be a Sir Roger Gale: I give way to my hon. Friend the similar occasion, we are ready and available as good Chairman of the Culture, Media and Sport Committee. parliamentarians and democrats to get stuck in, if I may use an inelegant phrase. Mr Whittingdale: My hon. Friend is correct that the code committee will remain with a majority from On the events of last week, I shall leave aside the the industry, but does he accept that nobody, as far as I matter of the amendments that were tabled, but I would am aware, has ever complained about the code? It is welcome some clarification from the Government on generally recognised that the code was fine; the problem what exactly has happened and why we have suddenly was that nobody paid attention to it. reached this decision in such a short time. The hon. Member for Wellingborough (Mr Bone) made the Sir Roger Gale: The code may have been honoured important point that we have not had sufficient time more in neglect than in recognition. There is a danger, to decide these matters. Be that as it may, we are now depending on who is the regulator—or, in this case, who dealing with the decision. Today, we have at least got an are the regulators—that that could happen again. agreement that we can work on, and that is to the good I do not want to take up any more time. I welcome of all. I commend the Prime Minister, the Deputy what has been achieved by my right hon. Friend the Prime Minister and Her Majesty’s Opposition for arriving Prime Minister and by colleagues. I hope it will work, at that agreement. Our proceedings will have been listened but we will have to keep a very watchful eye indeed on to by Joan Smith, Ben Loakes, Paul Dadge and Jacqui the implementation and—to take the point raised by Hames, who were all in their own ways victims of the my hon. Friend the Member for Maldon (Mr Whittingdale) awful behaviour that we are complaining about. Today, —the enforcement of the code of practice. we have an institution on which to build. The press is the latest institution to have taken a knock as a result of scandal, corruption and illegal 6.19 pm practice. Since the establishment of the Leveson inquiry, Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC): This my party has called for the establishment of a regulatory is an important debate, but there has been a bit of body that is independent of Government and of industry, hyperbole surrounding it. Today has been described as whose independence is guaranteed by law. We have momentous, but I think that it is momentous for being argued, as have others, that access to restitution and a the 10th anniversary of the war in Iraq; we should simple, easy-to-navigate complaints process should be remember that. central to any new system that is established. The new No one in any part of this Chamber, or anywhere else compromise provisions before us have dealt with those in Parliament, would deny that a strong and free press aspects, but the question of statutory underpinning is is an essential pillar of our democracy. However, the open to debate. If we go further into that question we corrupt press behaviour that we are trying to deal with, might appear to be dancing on the head of a pin, however. even though it takes place only in a minority of areas in the fourth estate, is a side effect of near-monopolies. We Geraint Davies: I agree that any response to a mistake have had legislation for many years to combat unhealthy should be equal and proportionate, but does the right near-monopolies, but we have failed to apply that legislation hon. Gentleman think that the proposals could make properly or scrupulously to the media. This scandal is investigative journalists more risk-averse, if there is a an exemplar of that fact. chance that they might not get a complete answer? I want to place on record my party’s gratitude—I am sure I speak for others—for the careful way in which Mr Llwyd: No, I do not think so. It is a time-honoured Sir Brian Leveson undertook his inquiry. I also want to practice for journalists always to check their sources, associate myself with some of the comments made and they will need to revisit that aspect of their behaviour about the proceedings over the past few days, which and ensure that they get it right the first time round. have perhaps not been the best demonstration of The proposals will not be welcome in all areas, however. parliamentary democracy at work. During the last few The hon. and learned Member for Harborough hours, however, a broad compromise has been reached, (Sir Edward Garnier), for example, could find himself and I am pleased about that. I am glad that Her Majesty’s considerably disadvantaged financially if what the hon. Opposition have now reached agreement with the Member for Swansea West (Geraint Davies) said were Government. true. I make that joke in passing, weak as it was. I should like to say in passing that I am grateful to the Lord Leveson’s report stated that statutory underpinning official Opposition for keeping me and my colleagues, was necessary in order to set up a statutory recognition and those in the Scottish National party and the other process and to provide for costs and damages incentives minority parties in the loop. The Prime Minister is in for publishers who subscribe to a recognised regulator. his place, and I want respectfully to place on record The Government have at least seen the merits of the that, during the last Parliament, my party played a vital latter provision, and tabled amendments accordingly. part in setting up the rather imperfect body known as Sir Brian’s report recognised that publishers would need the Independent Parliamentary Standards Authority. to be incentivised to sign up voluntarily to recognised 665 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 666

[Mr Llwyd] headed by the former Solicitor-General and senator of the College of Justice, Lord McCluskey. I understand regulators. He also recognised that there would be that the First Minister, Alex Salmond, has suggested in circumstances in which a court would determine that a the past that he would be keen to implement Leveson’s publisher must give a claimant exemplary damages, recommendations in full, advocating an independent albeit rarely, as a result of reckless behaviour. The cross- ombudsman and a Scottish press council similar to the party amendments to which I initially put my name Irish model. would have implemented Leveson’s suggestion that I welcome today’s announcements and I am very incentives should exist for publishers in respect of exemplary pleased that this accommodation has been reached, but damages and costs in such situations. I am pleased that I agree with the right hon. Member for Belfast North the Government saw fit to table similar amendments. (Mr Dodds) that we must be extremely vigilant as we go I have some concerns about the proposals before us, along. This is the beginning of the story, not the conclusion. however. I realise that, due to the short notice for I am sure that people who have been aggrieved will now tabling amendments, it will not be possible for us to see that something positive is and will be happening, enter into a deep debate on these points, but I wish to and I am pleased about that. put my concerns on the record none the less. First, the amendments to which I was a co-signatory, and which 6.30 pm were due to be debated today and have now been withdrawn, would have ensured that any new commission George Eustice (Camborne and Redruth) (Con): I that was established, as well as any regulatory body, start by acknowledging that the discussions and negotiations would have been subject to freedom of information on this matter have been incredibly difficult and contentious provisions. That is a crucial provision that would have for those of us who have been close to them. It would be ensured greater transparency in the new bodies, and I fair to say that no love has been lost between the editors sincerely hope that the Prime Minister, or the Minister on the one hand and the Hacked Off campaign group responding to the debate, will be able to give us an on the other. It is also no secret that immediately after assurance that that will still be the case. the Leveson report was published, I found myself in the slightly unusual situation of being closer to the position Secondly, I welcome the assurances from the Government of the Opposition Front-Bench team than to that of my that any arbitration service will be free for claimants own Front-Bench team. to use. I am pleased about that. Another amendment to which I had put my name would have placed a duty on Mr Bradshaw: At the risk of doing dreadful damage courts to take account of a defendant’s means, including to the hon. Gentleman’s career, may I congratulate him readership and assets, when awarding exemplary damages. on his courage and attention to detail on this issue? To I welcome the fact that the proposals fulfil that requirement. be perfectly honest, without the work that he and other Although the proposals do not meet every recommendation Government Members did, we would not have produced made by Lord Justice Leveson, I welcome the fact that an agreement today that was compliant with Leveson. the House has been able to reach a compromise, albeit at the eleventh hour, to get at least some reference to the George Eustice: I thank the right hon. Gentleman for royal charter in statute. doing that damage. Before I move on, it is important to note that all party leaders have behaved very responsibly Caroline Lucas: The right hon. Gentleman has spoken in this matter and I would like to give credit to the powerfully about the perils of media concentration and shadow Secretary of State, the right hon. and learned the fact that today’s agreement, while welcome, is still Member for Camberwell and Peckham (Ms Harman), unfinished. Does he agree that, in addition to what has for the way in which she has approached it; she genuinely been agreed today, we should call for urgent attention tried to seek agreement in a very difficult situation. I to be paid to measuring and tackling the concentration find myself in the unusual, almost unique, position of of media ownership, as Lord Justice Leveson recommended? agreeing even with the Liberal Democrats. I speak as someone who campaigned against the euro and dislodged Mr Llwyd: That is a vital issue for the health of the a Lib Dem MP to get elected here. [HON.MEMBERS: press, and for the health of democracy. I see that the “Hear, hear.”] I campaigned against the alternative vote Chair of the Culture, Media and Sport Select Committee, and then voted against Lords reform to boot. On this the hon. Member for Maldon (Mr Whittingdale), has issue, however, I have been able to work with the Liberal heard what my hon. Friend has said, and he will no Democrats. doubt consider the matter. Most of all, I want to thank and congratulate the It is surely clear by now that we need, and will get, a Prime Minister, the Secretary of State and, indeed, the credible alternative to the Press Complaints Commission Minister for Government Policy, my right hon. Friend that will work in the interests of the public and of the the Member for West Dorset (Mr Letwin) because it is responsible parts of the press. In Ireland, the press has good to be re-united with my own party on this issue. been regulated by an independent voluntary body since The Prime Minister told me back in November not to 2008. Although the Press Council of Ireland is not a worry, as he had a plan to deliver Leveson, and I think statutory body, it is recognised in legislation—namely, that what is before the House today does deliver the the Defamation Act 2009. Interestingly, all UK papers Leveson proposals—perhaps even in a slightly better that are also published in Ireland have joined the PCI, way than in Leveson’s own plan, as I shall explain in a even those that oppose statutory regulation in the UK. few moments. Press regulation is devolved to the Scottish Parliament, As my hon. and learned Friend the Member for and I am aware that a panel is considering the Leveson Harborough (Sir Edward Garnier) pointed out, the recommendations and their application in Scotland, important thing to understand about the Leveson report 667 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 668 is that it explicitly said that statutory regulation of the managers and news managers have not shared the same press was not being recommended. Rather, Leveson was respect for the code and have been more than happy to recommending a system that was about self-organised, fly in the face of it? voluntary regulation, to which news publications would be encouraged to subscribe voluntarily. He recommended George Eustice: My hon. Friend makes a valid point. statute to do two quite simple things. One was to The serious problem has not been the code itself, but establish the right incentives to join such a body, and the fact that it has not been enforced rigorously enough. that is the protection afforded through exemplary fines and costs; I am delighted that those will be debated later Although it has caused us several days of anxious today. The second was simply to establish an independent scurrying around to get an agreement, the Prime Minister public body that would judge a regulator—not every was right, in my view, to bring the matter to a head, so week, every month or every year, but every two to three in some ways that was a relief to us. A number of us years—on whether it was working effectively and meeting have spent week after week in very difficult negotiations a certain set of criteria. trying to reach a conclusion. I remember one particularly dispiriting moment at the end of a meeting with some This may appear a rather ancient device to achieve of the campaign group Hacked Off when we thought what we want, but it is undoubtedly the case that a body that after three and a half hours we had identified established by royal charter is an independent public the six key things we needed to put right and one of the body that can perform the task equally well. There is campaign directors said, “Shall we now move on to the one important advantage of establishing the body in next set of 20 problems that I have?” I am therefore very this way, and that is that the press are more comfortable pleased that we have all been put out of our misery by with it. Before people say, “Well, we should not be the Prime Minister’s taking us over the brink and focusing doing what the press want,” it is important to realise minds in the final few days. that in Lord Justice Leveson’s own plan he said that this would be a voluntary system. If we want publications to It is important to note, too, that the last few days join something voluntarily and to seek recognition under have not been in vain, as some important changes have a system, there will be a benefit in their being comfortable been made to the charter. The first change is that it is with it—provided, of course, that we get the detail now clear that the board of the regulator will be independent right. and that there will be no press veto. That is an important step forward. Secondly, it is clear that where the My right hon. Friend the Member for Hitchin and investigations take place, there must be a simple and Harpenden (Mr Lilley) picked up on some detailed clear process so that there is no chance of a regulator points that I would like to touch on. He said that all the putting up all sorts of barriers to make sure that it does crimes committed related to defamation and breaches not happen. The third point is that when the press code of privacy, so that the measures before us will do is written, there will be a role for working journalists for nothing to address those problems. That is not right, the first time. It will no longer be just an editor’s code. because what we have before us establishes an arbitral That is important because we need younger journalists arm, which is a new thing, and it will provide affordable with a stake in the future of their trade or profession— or even free adjudication on issues where there is a however they choose call it—to have a role in writing cause of action that previously only millionaires or the code. It will be an important step forward and celebrities could afford to take up through the courts. breath of fresh air to get working journalists, not just My right hon. Friend also seemed to suggest that it editors, involved in the code. was a bad thing for newspapers to make corrections and We should all get behind this compromise solution. I put right errors, but in all the difficult negotiations we hope the press can overcome the apprehension it has have had the press did not raise this as a problem; about such a body. I do not think that there is anything indeed, it is what the PCC already does. There is nothing for them to fear. I hope, too, that groups such as new about this. The criteria in the charter explicitly say Hacked Off will be a little less hacked off and feel a that pre-publication advice is simply that—just advice, little cheered up by today’s agreement. with no obligation on anyone to take it. A regulator will not have the explicit power to prevent anyone from publishing anything. 6.38 pm As for the £1 million fines, these are reserved for very serious and systematic breaches of the code, after prolonged Mr John Leech (Manchester, Withington) (LD): I investigations have taken place. I personally believe that add my congratulations to the Prime Minister, the we will not see many people being fined £1 million. Deputy Prime Minister and the Leader of the Opposition. Whenever I hear people mention them, I am reminded I am delighted that we have reached the position where of the Austin Powers film in which Dr Evil says that he there is agreement between the three main parties on a is going to hold the world to ransom for $1 million. royal charter, backed up perhaps by just a small bit of What we have is a backstop power if there are really legislation to ensure independence and to avoid political serious breaches, but what we are likely to see—this is a interference by future Governments. good thing—are more prominent apologies, corrections The Liberal Democrats have said from the outset that or perhaps lead page corrections for serious breaches. we support a strong and independent press regulator, free from political interference, that would protect the Damian Collins: On that point, does my hon. Friend innocent victims of media abuse. What has been agreed agree that there is genuine concern in the advertising over the last couple of days achieves that: the press industry about the commercial and reputational risks of remains free from political interference and able robustly being found to be non-compliant with the code? Has to challenge politicians and expose wrongdoing, including not one of the problems with the press been that legal wrongdoing by politicians. At the same time, however, 669 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 670

[Mr John Leech] In relation to the question of political interference, we argued that there should be a clause in legislation those innocent victims of press abuse will have a robust making it much more difficult for future Governments regulator to hold the press to account when they have to amend or abolish the royal charter. Under the agreement got it wrong. that has been reached, the Government will insert a I have already gone on record as saying that, in my clause in the Enterprise and Regulatory Reform Bill in view, the Prime Minister got it wrong when he decided the House of Lords, which will prevent future Governments to pull the Conservatives out of the all-party talks. from amending or abolishing the royal charter without Significant progress had been made, with both the consulting Parliament. That is fundamental to the future Liberal Democrats and the Labour party giving ground of press regulation, protecting the press from the clutches on the royal charter and with only a few areas of of future Governments while also ensuring that the disagreement remaining—in relation to an industry veto regulator cannot be watered down. on membership of the regulator, changes in the code of We can argue about whether this amounts to statutory conduct, the nature of apologies, third-party complaints, underpinning of the royal charter—we would argue and political interference with the royal charter. I pay that it does, while others might argue that it does tribute to the Prime Minister for returning to the talks, not—but that really does not matter, as long as it does and I am pleased that the party leaders were able to its job and protects the new independent regulator. No reach an agreement. doubt all the political parties will want to claim the agreement as a victory for them, but the real winners We had argued that the press should not have an are the innocent victims of press mistreatment. The industry veto over members of the regulator, while the press have nothing to fear from the royal charter, but Conservative position had been that any industry when they get things wrong, the innocent victims of representative on the appointments panel should be their mistakes can be confident that there will be a able to veto any nominee for the board of the regulator robust system in place to put it right. about whose impartiality that representative was concerned. Schedule 3 of the agreed royal charter ensures that there Several hon. Members rose— will be no industry veto. That change was essential if the regulator was to have real power over the press, and Mr Speaker: Order. According to my reckoning, there I welcome the concession that it represents. are still five Members seeking to catch my eye. I am We proposed that the regulator, not the press, should keen to accommodate them, but we have scarcely half have the final say on changes in the code of conduct. an hour before I ask the Prime Minister to wind up the The Conservatives proposed that the press should be debate. I appeal to Members to help me to help them. able to recommend changes in the code, and that the regulator should be obliged to accept them. That, too, 6.44 pm would have limited the real power of the regulator. Schedule 3 of the charter states that the code Mr Robert Buckland (South Swindon) (Con): I am mindful of your exhortation, Mr. Speaker. I shall curb “must be approved by the Board or remitted to the Code Committee my natural exuberance, and my wish to wax lyrical with reasons.” about a subject that has occupied my waking and, dare The original draft stated: I say, sleeping hours in the last few weeks. I share that “The standards code must ultimately be adopted by the Board”. experience with my hon. Friend the Member for Camborne and Redruth (George Eustice). That is another welcome concession. I pay warm tribute to my right hon. Friend the All too often, victims have received apologies that Member for West Dorset (Mr Letwin), who, I know, have been hidden between other stories rather than has spent many hours when he should have been sleeping given the prominence accorded to the original, offending working extremely hard to secure an agreement, and I stories. A number of Members have mentioned that. We echo the warm tributes that have been paid to my right propose that the regulator should be able to able direct hon. Friend the Prime Minister, my right hon. Friend newspaper apologies when mistakes are made. The original the Secretary of State for Culture, Media and Sport and draft charter stated that the regulator should be able to all other Members on both sides of the House who have tell a newspaper to apologise, but should have no say been involved for ensuring that the royal charter can over the manner of that apology. It seems obvious to me genuinely proceed to approval by the Privy Council as a that a regulator of the press should be able to influence result of a cross-party consensus. I believe that without the manner of any necessary apologies to bodies within that consensus, use of this prerogative power would its remit, so I am pleased to note that schedule 3 of the have been very difficult indeed. Negotiations were key if charter states that the regulator will “direct”, not “require”, this was to work. remedial action and apologies. Today is not a day for euphoria, and it is certainly not We proposed that the regulator should have maximum a day for self-congratulation, but it might, just might, discretion when deciding whether to accept complaints mark a welcome new chapter in the life and role of the from third parties. The Conservatives proposed that the press in our society. It is clear why Lord Justice Leveson regulator should accept such complaints only when had to embark on his 15 months of work. Let us not there had been a “serious” breach of the rules, and when forget the reasons, which have again been outlined there was “significant” public interest. In schedule 3(11) eloquently in the House today. If we stay true to the the word “substantial”, which was used in the original reasons why the Prime Minister rightly set up that charter, has been eliminated, which gives the regulator inquiry, we must recognise that it was inevitable that we, discretion to decide whether a third-party complaint is as a House of Commons, would have to reach the appropriate. decision—a tough decision—to make a change, and we 671 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 672 have reached that decision today. We have broken the journalists, who spend their lives investigating wrongdoing logjam of generations of politicians who have gone and exposing that which should not be secret, is supported. before us and who have said much about the need for So it will be good for them, just as it will be good for reform, but have done precious little. There is a moment, those who have been and those who may still be the perhaps, for just a bit of quiet pride in the fact that we, victims of wrongdoing. as a Parliament, are able to make that break. Some years ago, my profession, the legal profession, Many speakers have rightly expressed concern, and went through a similar process, and we now have an want to understand more, about the nature and meaning overarching body, the Legal Services Board, which of the royal charter, but let us not forget that this recognises independent regulation. There was a worry document is not the constitution of the regulator. It sets that that would interfere with the independence of the out, in clear terms, what a regulator should look like Bar and solicitors, but the truth is that solicitors and according to the recognition body, which is why it barristers go about their daily work without having to includes terms such as “should” and why it is exhortatory look over their shoulder at a recognising body. In fact, rather than prescriptive. That has to be right. Some of that body is enshrined in statute and has a wider remit my right hon. and hon. Friends have asked what is the that anything I have read about in this royal charter. For full ambit of the regulator. My answer is simply this: those reasons, we can confidently support the agreement it is an independent body and a voluntary body, but, that has been reached between all parties in this House for the first time, we are to have a body that can be and look forward to a time when the victims of wrongdoing periodically assessed in relation to objective criteria. will receive a fairer deal. That is what the schedules to the royal charter are all about. 6.51 pm Before I sat down to watch the wonderful Six Nations Sir Gerald Howarth (Aldershot) (Con): May I join victory by Wales in the match against England on my hon. Friend the Member for South Swindon Saturday, I donned my anorak and spent a few hours (Mr Buckland) in congratulating my hon. Friend the comparing and contrasting the royal charter published Member for Camborne and Redruth (George Eustice) by Her Majesty’s Opposition with the one published by on the fantastic job that he has done in articulating the the Government. I came up with very few differences. concerns that many of us had, particularly on this side Most involved a word here and there, but I considered of the House, for which we did not get much thanks in one difference to be important. It related to the power the press? He behaved with extraordinary dignity and of any new regulator either to “require” or to “direct” great tenacity. appropriate remedial action following a breach of standards. We have heard a great deal about the difference George Eustice: Did my hon. Friend expect any thanks between the meaning of the word “require” and the from the press? meaning of the word “direct”. I must admit that before I looked at the wording carefully, I did not think that Sir Gerald Howarth: Funnily enough, no, and I am there was much of a difference. However, I think it right happy to put that on the record. I also wish to congratulate for us to put the position beyond peradventure and Hacked Off because, whatever else one may say, it did include the word “direction”, which implies an order, a act as a focal point, it did provide a concise briefing and mandate, a compulsion for the member of the body to it did help us along a tortuous path. I congratulate my right the wrong that it has done. That could lead to the right hon. Friend the Prime Minister on having shown printed apologies on the front page, and to the remedies serious leadership in this matter; it needed bringing to a that actually mean something to those who have been head and he has brought it to a head. I also wish to put affected by wrongdoing. That may sound boring, but it on the record the fact that he has been here throughout is very important to those concerned. It is the job of the these proceedings, which is more than I have been here House of Commons to do the boring but important for. So I congratulate him on what he has done, as well things. That is why I think it is vital for us all to consider as the Leader of the Opposition. He has not been able the detail of this important document as carefully as to be here the whole time because he has had other we can. things to do, but the Prime Minister has shown his Much has been made about the use of statute, but I commitment to trying to resolve this matter. think it was inevitable. There had been a hope, at one It is very important that we hold fast for a moment stage, that the civil procedure rules that govern the way and remember that we did not create this crisis in the in which civil trials are held in England and Wales could first place—it was created by others. It was created by a be amended to allow for the regimen of aggravated total failure of self-regulation over decades, by a failure damages and costs that is now in statute. That proved to implement the findings of successive inquiries and by not to be the case, which is why, sensibly and inevitably, serial criminality in the press. The only point I would it has to be in statute. As for the entrenchment clause, make to my right hon. Friend the Member for Hitchin whether we call it underpinning or supporting matters and Harpenden (Mr Lilley) is that although these were not. The point is still well made that this charter should criminal offences and they are now going through the not be subject to the whim of the Executive, to be courts, this serial criminality betrayed a corruption at amended by them at their pace, in their time and in their the heart of our media—if not condoned, this behaviour way; it should be for this House to consider any amendment. was certainly overlooked. So the hysterical response to The role of the politician in the new system of regulation much of what we have been saying has been out of should and must stop there. This system is not about place. The day after 44 of us signed a letter to The politicians interfering with the life and work of journalists; Guardian—this is the only time I have knowingly signed it is simply an important and significant step along the something for The Guardian—The Daily Telegraph had road to make sure that all the work of decent professional half of its page 2 saying, “Tory MPs tainted by scandal 673 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 674

[Sir Gerald Howarth] the Prime Minister should lead a united Government on this and I think he was right to do so, because in bid to end free press”. What sort of responsible press the alternative was to have the Lib Dems with us in the is that? I hope that The Daily Telegraph is taking note, Division Lobby one day and with Labour the next, and but of course I will be denounced for this tomorrow as that is not a Government; it is, as I believe Palmerston being “Closetly determined to end a free press.” put it, a mere coalition of atoms. I wish to make three brief points. First, it is good that Why is a free press important? Why is freedom of all three main parties, and indeed the minority parties, speech important? Why is it a right that this House have agreed this outcome. It would have been bad news demands as an absolute? Since the Bill of Rights was if there had not been agreement. We would have seen introduced, we have been free here to say anything that divide and rule, and acrimony, so those from all parts of we like. We can cast aspersions upon anyone we want, the House who participated in bringing this about powerful or weak; we can make them up. The only deserve our congratulations. It is also important to put constraints we have—not to be rude about the royal on the record the fact that it is the historic duty of this family, about judges or about ourselves—are those that House to remedy injustice—that is not the job of the the House itself has imposed. We have those freedoms European Court of Human Rights; it is the job of this because, as my hon. Friend the Member for Aldershot Parliament and this House—and in seeking to bring (Sir Gerald Howarth) said, we recognise that the way to about this change, we have sought to do that. redress grievance is by being free to do so and having no My second point is that my hon. and learned Friend constraint on what we say in this place. As soon as a the Member for Harborough (Sir Edward Garnier) is constraint is imposed, we find that the Crown, as it used absolutely right to say that we should not set too much to, will use its powers to suppress a free press. store by what has been achieved today. A huge amount Before the Bill of Rights, what happened? MPs who of detail still has to be worked out and it will require a said the wrong thing got sent to the Tower. The Prime lot of good will on the part of all the media and the Minister might think that that is an attractive option to regulators to bring that about. May I just indulge the have at his command, but freedom increased the power House for a moment on a slight word of caution to of the people against the Executive. We see that with those who wish to see their apologies on page 1? When I newspapers: they hold us to account; they expose sued Private Eye for libel—sadly, my hon. and learned wrongdoing, corruption and criminality; and as they do Friend was not my Queen’s counsel at the time—we had it, they upset powerful people. Indeed, many Members agreed the damages, the apology and everything else, of Parliament were upset over the expenses scandal—a but the late Mr Peter Carter-Ruck said that it would not scandal that was revealed only because a brave press agree to put the apology in a box. Private Eye had was willing to use stolen information. agreed to put it on the same page as the offending article had been but would not agree to a box. I insisted I am concerned about deciding to license the press—and that I could not possibly agree without having my that is what we are doing. If newspapers do not sign up apology in a box. Eventually Private Eye agreed, so on to this agreement, they risk paying a high level of costs the day of publication I went down to the news stand on any occasion when they are sued for libel, and that and turned to page 4 or whatever it was. Sure enough will be introduced by statute. If they do not sign up to there was the apology in the terms agreed—absolutely the agreement, they risk punitive damages. Members of wonderful—and it was in a box. And so was every other the House who are interested in their history will know story on the page! So we must beware what we wish for. that the law of criminal libel was used to put down the My third and final point is that this approach should power of those who criticised Governments. Why was be seen on all sides as an opportunity. It is an opportunity John Wilkes arrested? It was for a criminal libel. By for a free press to move forward and to act fearlessly but increasing such powers and the viciousness of the laws to remedy the wrongs that they have recently perpetrated. against those newspapers that will not be registered and It is an opportunity to ensure that ordinary people are licensed by the state, we undermine our freedoms. given a fair crack of the whip and that we do not see a As for this wonderful charter, I, like the right hon. repetition of the kind of dreadful character assassination Member for Belfast North (Mr Dodds), am reluctant to and misery caused to ordinary people, who have no criticise the power of the Crown. The introduction remedy and have no voice in this House. If we achieve to the charter reads: that, we shall have strengthened the British press and made them an example for the rest of world, and we “NOW KNOW YE that We by Our Prerogative Royal of Our especial grace, certain knowledge and mere motion do by this Our shall have done a great service to the citizens of these Charter for Us, Our Heirs and Successors will, ordain and declare islands. as follows”. By the sovereign’s mere motion, those who regulate 6.57 pm the press are to be chosen, appointed and selected. It is Jacob Rees-Mogg (North East Somerset) (Con): May the state that is taking on this power, with some minor I join in the praise of the Prime Minister, which has protections against its being changed—but, oh, how become commonplace in this debate, although I do so minor those changes are! We hear that there will be for a different reason—not for this royal charter, but for three lines of legislation—three lines—to prevent the accepting the constraints of collective responsibility? charter from being changed. Three lines of legislation He has fought a valiant battle for the freedom of the can be repealed by one line of subsequent legislation; press but, unfortunately, the Liberal Democrats do not there is little protection in that. The motion of one believe in it and we therefore have the restriction on the charter may be created with further charters. It might freedom of the press that we find with this royal charter perhaps be hard to alter it, but there is always the and this debate. Collective responsibility required that possibility of new charters to come. 675 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 676

We see, therefore, the risk of increasing state power my view—to push the charter forward without further over our media, leading not immediately to direct censorship consideration. If parts of the press do not sign up, what but to self-censorship, which we are already seeing with will happen? What will the Opposition, the Liberal the being press reluctant to criticise the great and the Democrats or some of my colleagues do if not every good. I am reluctant to disagree with my hon. Friend publication signs up to the royal charter? Will they the Member for Aldershot, but I think that Hacked Off instruct them to sign up? Will they threaten them if they is a most disreputable body that used the sad tales of a do not? small number of victims whose bad treatment was often As we have heard, we do not know what powers the against the law as the cover for a campaign for celebrities new body will have. Will it have more powers? Will we who had disreputable pasts that they did not like being come back to this place to pass more legislation to make reported. the press do what it does not want to do? I will not go on any longer, as other Members want to speak and we 7.3 pm are running out of time, but I warn those on the Front Richard Drax (South Dorset) (Con): It is a pleasure Bench and everyone in this House to think very carefully to follow my hon. Friend the Member for North East before taking too many further steps down this road, Somerset (Jacob Rees-Mogg) and I concur with every as it will in the future undermine the democracy and single word he said. I want to speak briefly from a freedom we are in this place to defend and represent. journalist’s perspective, as I was one for 17 years, working for the local and national press and for BBC television and radio. In that time, 99% of those with whom I 7.8 pm worked were decent, honourable people whose sole task Dr Sarah Wollaston (Totnes) (Con): We have to read in life was to hold the powerful, the corrupt and others up to schedule 4 of the charter before it sets out to to account and to stand up for the small man and whom it applies. It states that a woman. They did and they do. Regrettably, a tiny “‘relevant publisher’ means a person…who publishes in the United minority has ruined the barrel for the majority of the Kingdom…a newspaper or magazine…or…a website containing press, who in my view do an extremely good job and news-related material”. have held many people in this House to account. Some That is why it is so unrealistic, because websites can in this place have had to leave and have even gone to jail be set up anywhere in the world. My hon. Friend the because of the press’s research and diligence. We risk Member for South Swindon (Mr Buckland) said that treading on that power at our peril. the code was voluntary, but if the stick being carried is I rather liked the papal reference used by the hon. sufficiently big, the code becomes coercive. Member for Rhondda (Chris Bryant). This latest charter What will happen when our press become more bland has come from a private meeting held behind closed and we see the people who read newspapers deserting doors and was introduced to us today. If the hon. them for the internet? Will the code apply to Twitter? Gentleman was correct, the information reached us There is a risk that we will abandon the printed press for only just after the debate had started. There will be no the online news media, and what will happen then to further debate and for something so serious, which is our particularly vulnerable regional and local press? fundamental to the freedom and democracy of our Who will be there to report from the courts? What will country, to be swept through by a small minority of happen if our national press go into further decline and highly placed people is wrong and undemocratic. can no longer afford to fund world-class investigative Knee-jerk reactions lead to unintended consequences journalism? and we see that in politics again and again. This subject needs a lot more thought, a lot more diligence and a lot There has rightly been much talk today about the victims more attention. The press protect this country. Yes, they of the press, but we forget at our peril the victims of big make mistakes—of course they do. When I joined, an pharma, of big corporations and of big state. I would editor said to me, “Richard, accuracy is key. If in doubt, far rather have our two-fingers-to-the-establishment, leave it out.” That is a very good bit of advice. The slightly out of control press than a nervous press, a blame lies with the independent editors. They are the bankrupt press or a bland press. Although we can all be chief executives, they are the commanding officers—call commentators through the internet, we cannot all be it what you like, it is they who have failed in many cases investigative journalists. We owe a huge debt to investigative to command properly the men and women in their journalism and we should be very mindful of any threat structure. That is where the blame should lie and it is to it. I hope that when he responds to the debate, the they who should lose their jobs and careers. Prime Minister will feel at least that a free press deserves afreevote. Already we have heard from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) that in most cases we have laws already. We have hacking and 7.10 pm libel laws to protect people who suffer from such things. The Milly Dowler case was simply appalling—I do not The Prime Minister: First, let me say that this is a defend it for one minute—but the laws are there. We do matter on which people should feel absolutely free to not need any more laws. When I heard about the royal express their opinions and to vote according to their charter, I was informed by my right hon. Friend the conscience. We have had a good debate and a serious Prime Minister’s office that there would be no statute debate. It comes, as a number of hon. Members have and I agreed to support it. There is now a smidgen of said, after decades of this issue not being properly statute—just a little tiny bit—for which the support of sorted out. Tragically, it has taken a crisis in the press, a two thirds of this House or the other place is required very thoughtful report by a senior judge, and then a lot to effect change. Today, we will agree—regrettably, in of political will and political co-operation, but we can 677 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 678

[The Prime Minister] it is better to use the royal charter, which allows us to set up an independent body without using statute to describe be proud of the fact that the issue is finally being sorted its purposes. out, with what I believe is a practical, workable, deliverable I join the hon. Members, particularly the hon. Member solution. for Rhondda (Chris Bryant), who urged the press to Let me say to my hon. Friend the Member for North sign up. The point made by my hon. Friend the Member East Somerset (Jacob Rees-Mogg), who spoke eloquently for South Dorset (Richard Drax) is correct: this is a against all that is being proposed, that I and everyone in voluntary system. What Leveson said we should establish the House care deeply about a free press, but a free press is an independent self-regulatory body that the press does not mean a press without a means of redress. It have to set up. They then apply for recognition, if they does not mean a press without a need to put things right want to, to the recognition body, and it is the recognition when they get things wrong. It should not mean a press body that the royal charter establishes. I think there has where the rich and the powerful can sue, get injunctions been some misunderstanding about that point in the and take action, but where innocent victims have been debate. The royal charter does not set up a self-regulator; left to suffer because the regulatory system does not that is for the press to do. We urge them to do it, and to work. A proper free press needs a proper, effective, do it rapidly. I know that work is already under way. It is independent regulatory system, and that is what we aim our task, through the royal charter, to set up the recognition to achieve. body. The press can decide to seek recognition from it, and then they get the advantages in terms of the exemplary I thank right hon. and hon. Members for their kind costs and damages, which the House will debate a little remarks. I do that also on behalf of the Leader of the later. Opposition and the Deputy Prime Minister. This has been a genuinely cross-party effort. The royal charter A number of Members made the good point that we has been hugely improved by the many hours of work must not oversell what is being set out today. It is a neat that have been put in by all sorts of people to try to get solution to the problem, but it is not a panacea, as my it right. I would like particularly to thank my right hon. hon. Friend the Member for North Thanet (Sir Roger Friend the Secretary of State for Culture, Media and Gale) said. Those who will be responsible for making Sport, my right hon. Friend the Minister for Government the self-regulation work will be the press. They have to Policy and the deputy leader of the Labour party, who I set up their self-regulatory body, make sure that it has know have worked extremely hard to try to reach all-party teeth, make sure that it can seek recognition, and then agreement. put in place something that we can be proud of. A number of hon. Members pointed out that this has I thought the quote of the debate was from the right been a complicated and at times interesting process. It is hon. Member for Manchester, Gorton (Sir Gerald complicated when one is trying to achieve something Kaufman)—it is now closing time in the last-chance when there are different opinions within all political saloon was the phrase he used. The point that I would parties in the House and a need to work across party to make in commenting on that is that we are not replacing get this done. a self-regulatory system with a statutory regulatory system. We are trying to replace a failed system with I note from the debate that there was a warm welcome one that will work because, crucially, it has real independence for the proposals from all parts of the House. I thought at its heart. it particularly interesting that the current Chair of the Culture, Media and Sport Committee welcomed what is A number of Members referred to the fact that the being proposed, as did a number of past Chairmen of regulatory body will have an independent board. Crucially, similar Committees. So I believe the proposal starts not only is it independent, but it will be properly overseen with good will. by the recognition body, and crucially, that oversight is established in a way that does not endanger a free press I make the point, which echoes remarks made by the or give Parliament a locus endlessly to interfere. That is right hon. Member for Bermondsey and Old Southwark important. Of course we all have strong views about the (Simon Hughes), that this is only one part of what press, press freedom and press regulation, but it would Leveson discussed. There is obviously the relationship not be right for Parliament to pass laws and then go on between the police and the press. That needs to be put amending laws and making changes to laws about what right, and new rules are being put in place. We need to the press should and should not do. It is important that get the relationship between the politicians and the the method that we have chosen means that not only press right, and there are new rules and new transparency will we not be able to do that, but the royal charter in respect of that. There is the issue of press ethics, and specifically says that it cannot be changed unless there is I believe we have made some real progress today. a two-thirds motion in both Houses of Parliament. A number of hon. Members made the point about In a way, this is what the whole debate is about: how much time there had been to study the royal Leveson gave us the architecture, the independent self- charter. Obviously, in its final incarnation it has been regulatory body, and the recognition body to make sure produced only today, but the first version of a royal that the press was not marking its homework. My right charter was published on 12 February, so there has been hon. Friend the Minister for Government Policy played time for people to make points and to consider how it a key role in providing the solution that I think is best, would work. A number of Members pointed to the which is using a royal charter so that we do not cross the irony of using a royal charter, even pointing out that Rubicon of writing all the rules into the law. I commend some of the language in it is on the flowery side. Yes, it the leaders of the Labour party and the Deputy Prime is perhaps ironic, but there is a real purpose. I believe Minister, the leader of the Liberal Democrats, on all the that if we opted for legislation, even about the nature of work that they have done to choose to work together to the recognition body, we would be taking a bad step, so try to deliver something that is practical. It is notable 679 Royal Charter on Press Conduct18 MARCH 2013 Royal Charter on Press Conduct 680 that, when those talks broke down on Thursday, they in the Vote Office. I have selected amendments (d) to (i), chose to come up with a royal charter which was but not Mr Bone’s tabled amendments (a) to (c). I will workable,ratherthanforustogetbackintothetrenches therefore invite the hon. Gentleman to move amendment (d) and have a fight over whether we should write these in the course of debate. changes into law. I am pleased that everyone has taken When in a moment I call the Leader of the House, it the opportunity of doing a deal and having an outcome will be to move the programme motion, but I am sure that will be good for our country. that he will indulge the hon. Member for Stone. It was right to commission the Leveson inquiry, it was right to listen to the outcome of the Leveson 7.20 pm inquiry, and it was right to work out the best way of Mr Cash: On a point of order, Mr Speaker. On putting it in place. I know that many people thought Thursday, the Leader of the House announced the it would be kicked into the long grass. It has not been. It business for this week, and he added that following the has been acted on and acted on properly, and this European Council meeting there would be a statement should be done for the victims above all. I commend the by the Prime Minister. We have not had an occasion motion to the House. before when the European Council has not been followed Question put and agreed to. by a statement. My point of order is therefore to ask Resolved, why the Leader of the House suggested there would be That this House has considered the welcome publication of the one, but we have not had one today. draft royal charter by the Prime Minister, Deputy Prime Minister and Leader of the Opposition, and the Prime Minister’s intention Mr Speaker: We have not had one today. The Prime to submit the charter to the Privy Council for Her Majesty’s Minister has heard the point of order and he is very approval at the Privy Council’s May meeting. welcome to reply if he wishes.

Mr Speaker: We come now to the Crime and Courts The Prime Minister: Further to that point of order, Bill [Lords] (Programme) (No. 3) (Motion). Mr Speaker. We now have more European Councils than sometimes is altogether healthy, and certainly more Mr Cash: On a point of order, Mr Speaker. than there have been in the past. There are almost always oral statements, but I think that on this occasion, when it was very much a take-note European Council Mr Speaker: Order. The hon. Gentleman does not rather than one packed with exciting things, a written always choose quite the best moment. Obviously, I am ministerial statement will probably suffice. bursting with anticipation to hear the observations of the hon. Gentleman through his point of order, but if Mr Speaker: I thank the Prime Minister for his reply. he can just be a tad patient we will come to him. We [Interruption.] An hon. Member is chuntering “Tomorrow” could not forget him. from a sedentary position. I do not know what tomorrow On the programme motion, it may be helpful to the will bring. All I know is that the hon. Member for Stone House if I point out that manuscript amendments (d) to has not yet exhausted the resources of civilisation, and I (i) to the programme motion have been tabled by the dare say he will return to these matters as and when he hon. Member for Wellingborough (Mr Bone), with the thinks fit. I thank the Prime Minister very much for support of a number of other hon. Members. Copies of staying to hear that and responding. It is a kind of those manuscript amendments, I understand, are available pre-emptive gratification, and we are grateful for that. 681 18 MARCH 2013 Crime and Courts Bill [Lords] 682 (Programme) ((No. 3) Crime and Courts Bill [Lords] more. We therefore needed to secure the debate today (Programme) ((No. 3) on the amendments relating to press conduct, and it is a consequent fact that the amount of time available to consider other amendments today is necessarily curtailed. 7.21 pm The Leader of the House of Commons (Mr Andrew Lansley): Mr Philip Hollobone (Kettering) (Con): It is severely I beg to move, curtailed, because even if there were no Divisions, were That the Order of 13 March 2013 (Crime and Courts Bill the clauses on Leveson to last their full three hours, less [Lords] (Programme) (No. 2)) be varied as follows: than 40 minutes would be left for all the other clauses, 1. Paragraphs 2 to 5 of the Order shall be omitted. dealing with some very important issues, some of which 2. Remaining proceedings on Consideration and Third Reading would probably never be reached. shall be taken at today’s sitting. 3. Remaining proceedings on Consideration shall be taken in Mr Lansley: My hon. Friend will note that it is a the order shown in the following Table. matter for hon. Members to determine to what extent 4. Each part of the remaining proceedings on Consideration they want to make progress on the next group of shall (so far as not previously concluded) be brought to a conclusion amendments, and the rate at which they make progress at the time specified in relation to it in the second column of the depends on the character of the debate. That is often Table. true when we consider Report stages. The extent to TABLE which later groups of amendments can be considered depends on the time that Members choose to take in Proceedings Time for conclusion of proceedings debating earlier groups. It may, of course, be that the time to consider amendments relating to press conduct New Clauses and new Three hours after will not occupy all the time available. Schedules standing in the commencement of proceedings name of the Prime Minister on the Motion for this Order. and relating to press Simon Hughes (Bermondsey and Old Southwark) conduct; remaining new (LD): I hope that the Leader of the House will remember Clauses and new Schedules that I and others have suggested that he might look with relating to press conduct. colleagues at the very simple principle that when we use New Clauses standing in the 11 pm up some time for other business on a Report and Third name of a Minister of the Reading day, we have injury time to replace it, so that Crown and relating to Legal there is an automatic carry-over to give us the guaranteed Aid; amendments to time that we were expecting. Clause 22, Clauses 24 to 30, Clause 32 and Schedule 16; new Clauses and new Mr Lansley: I do recall my right hon. Friend making Schedules relating to that point previously. I simply say that it is an inflexible protection of children or to approach. It is our intention to assist the House in the vulnerable witnesses; way we structure programme motions, and that is precisely remaining new Clauses and why this programme motion has been constructed around new Schedules; amendments extending two hours beyond the moment of interruption. to Clauses 20 and 21, I emphasise that we are now four hours and 40 minutes Clauses 35 to 40; Schedules 19 and 20 and Clauses 43 to away from the closure of the debate. If a normal Report 46; remaining proceedings on stage falls on a Monday, it is not unusual for there to be Consideration. two statements or an urgent question and a statement, which takes the House from 3.30 pm to about 5.30 pm, 5. Proceedings on Third Reading shall (so far as not previously at which point we are four and a half hours away from disposed of) be brought to a conclusion at midnight. the moment of interruption on that day, so I stress that Last Wednesday, when moving the programme motion we are not an unusual length of time away from the for the Report stage, the Minister of State, Home moment of interruption for a debate on Report. Department, my hon. Friend the Member for Taunton Deane (Mr Browne), said that the Government would Mr Nigel Dodds (Belfast North) (DUP): The Leader introduce a supplementary programme motion if the of the House is right in what he says about the time, but cross-party talks on Leveson had concluded, either with surely what is unusual and exceptional about this or without agreement, to allow a debate on Leveson-related programme motion is the importance of the matters amendments on this second day of Report. This that we are debating. The Leveson-related amendments supplementary motion fulfils that undertaking. It allows are some of the most important that we could be for three hours, starting now, for the debate on this debating, given the interest out there among the public motion and on the Leveson-related amendments. Thereafter, and in the House. That is the difference, and we should the House will have until 11 pm to consider the remaining therefore allow sufficient time for them to be debated, amendments to the Bill, with a final hour, minus Divisions, as well as the other remaining important matters. to midnight for Third Reading. The House will be aware that the Leveson report was Mr Lansley: The programme motion gives sufficient published at the end of November and it is now mid-March. time for debate on the amendments relating to exemplary The sooner that legislation relating to exemplary costs costs and damages. On the wider issues relating to press and damages is on the statute book, the sooner we can conduct and the Leveson report, the House has had the get on with implementing the new regulatory framework. opportunity for three hours of debate arising from If we do not legislate in the remaining weeks of this the Standing Order No. 24 application made by my session, we risk a further delay of some months or right hon. Friend the Prime Minister. 683 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 684 (Programme) ((No. 3) (Programme) ((No. 3) Mr Peter Bone (Wellingborough) (Con): What is where necessary and possible. My right hon. Friend the exceptional today is the Standing Order No. 24 application Parliamentary Secretary to the Treasury, my predecessor being granted. On the rare occasions that that has as Leader of the House, and I have done that for occurred, the Leader of the House has always, in my 14 Bills in this Parliament, which stands in stark contrast recollection, changed the remaining timetable so that to the previous Administration’s record. Indeed, today’s proper debate could take place. I do not understand consideration is in addition to what was originally set why that has not happened on this occasion. out in the programme motion the House agreed on Second Reading. It is wholly exceptional to move to Mr Lansley: The point today is that the Standing three days on Report; that has been given to only two Order No. 24 application related to matters that were Bills in this Parliament, and only three between 2001-02 part of the planned debate on amendments on Report and 2009-10. in the first three hours. In any case, if the House agrees I reiterate that if we crack on we will have four and a it, the programme motion will take us two hours beyond half hours available for further consideration of the Bill the normal moment of interruption. I accept that as a on Report and on Third Reading. Given the widespread consequence of the pressure on the time for debate interest in the issues before us, I hope that the House today, some hon. Members may be disappointed if a will agree to the programme motion quickly so that we particular amendment that they have sponsored or signed can proceed with the substantive business. does not receive the amount of discussion that they had hoped. 7.31 pm Ms Angela Eagle (Wallasey) (Lab): I rise to support Sir Edward Garnier (Harborough) (Con): This has the programme motion moved by the Leader of the nothing whatever to do with personal disappointment. House in this short debate. Clearly, the House is having These are matters of some considerable importance; to deal with an unusual situation, because the Bill has otherwise, they would not be in the Bill. The fact that become a vehicle for implementing the Leveson proposals we wish to debate amendments or new clauses—indeed, on press regulation. The fact that it has evolved in this the amendments and new clauses have been selected— way has certainly made for some unusual processes that suggests that they are considered to be of some importance would hardly be considered best practice for the routine by people other than their individual proponents. passage of legislation through the House, but sometimes Another point that my right hon. Friend perhaps needs must. needs to address is that the emergency debate that we We must all remember that it has been 20 months have just had surely cannot have been in his mind when since MPs from all parties came together to set up the the timetable motion was drafted and tabled. He did Leveson inquiry after the revelations about industrial-scale not know that Mr Speaker would grant the three-hour phone hacking and indefensible press intrusion into the debate, so the three hours taken out of the debate—or, lives of families such as the Dowlers and the McCanns. as he might say, put in the debate—cannot have been in It is time the issue was gripped, and today’s programme the calculation. We need to be clear about the thinking motion will allow it to be resolved. behind the timetable motion. Over 100 days have passed since Lord Justice Leveson’s inquiry reported and all parties promised that we would Mr Lansley: I am quite clear about the thinking work together to find a lasting solution to prevent such behind the timetable motion. We wanted to make sure scandals ever happening again, while also protecting that there was sufficient time to debate Leveson-related press freedom. As cross-party talks took place last issues. Also, it will also not have escaped my hon. and Wednesday, the Opposition withdrew an amendment to learned Friend’s notice—it did not escape the notice of the programme motion that would have allowed some my hon. Friend the Member for Stone (Mr Cash), who new clauses relating to the Leveson report to be taken is no longer in his place—that we did not anticipate ahead of some other parts of the Bill. We withdrew the necessarily that the debate would start at 3.30 pm, not amendment following an assurance from the Minister least because I anticipated that the Prime Minister of State, Home Department, the hon. Member for would make a statement on the European Council. Taunton Deane (Mr Browne), that changes to the order Thus, when we consider the overall time available, we of consideration would make it impossible to talk out find that we are not very far from where we anticipated any attempt to deal with the Leveson amendments in we would be. My right hon. Friends and I understand the Bill. The Government were as good as their word that if we cannot have a full debate on all the issues to and produced a programme motion changing the order which the later groups of amendments relates, there will of consideration for the clauses in the Bill. no doubt be future opportunities for us to do so. However, on Thursday the Prime Minister decided to Mr Speaker has selected the amendment in the name pull the plug on the cross-party talks and table his own of my hon. Friend the Member for Wellingborough amendments to the Bill, which did not comply with (Mr Bone) and other right hon. and hon. Members. Its the Leveson principles. Consequently, a raft of new effect would be to restrict today’s debate to the clauses amendments was tabled seeking to implement Leveson relating to press conduct and provide an additional with statutory underpinning and other safeguards of third day for consideration on Report, with Third Reading independence. Today’s debate was looking as though it to be scheduled for a future date. I will not trouble the would offer a straight choice between a Leveson-compliant House with questions of how we could fit further days and a non-Leveson-compliant approach. However, as into the diminishing time remaining before the Session we have heard today, overnight a cross-party agreement concludes, but I would like to make it clear that, as was reached that will put in place an enduring solution, Leader of the House, I have sought with colleagues to protected against pressure from the press, or indeed provide at least two days on Report for important Bills from Ministers in the Privy Council. 685 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 686 (Programme) ((No. 3) (Programme) ((No. 3) [Ms Angela Eagle] all-party agreement. The deal was: “Okay, if we agree to this, we won’t object to the fact that these very important As part of that agreement, an amendment will be amendments and new clauses won’t be discussed.” It is made—I understand that it has been tabled in the other clear that there will now be a maximum of only 40 minutes place—to the Enterprise and Regulatory Reform Bill to in which to discuss some really serious issues. I fail to ensure the statutory underpinning necessary to protect understand how the Leader of the House or the shadow the royal charter vehicle from being arbitrarily changed Leader can say that there will be other methods and in the Privy Council without reference to Parliament. time to discuss them. Essentially, therefore, the programme motion before us I have moved a manuscript amendment to the ensures that the Leveson new clauses can be debated programme motion—the first time I have done so—because and added to the Crime and Courts Bill today. We of the unusual circumstances. In the short time since it therefore agree that the new clauses on press conduct was prepared and we knew what was happening today, should be taken ahead of the consideration of other 15 right hon. and hon. Members from both sides of the parts of the Bill and that this debate should last for the House have signed it, including two former Home requisite time. Secretaries and the Chair of the Home Affairs Committee. When we were in opposition, we always used to Mr Hollobone: There is no disagreement between criticise the then Government for curtailing debate on the Leader of the House’s programme motion and the legislation, but I must say that this is the most outrageous amendment that will be moved by my hon. Friend example I have ever seen. These are really serious issues the Member for Wellingborough (Mr Bone); all agree affecting extradition and vulnerable people, and to say that the clauses relating to Leveson should be debated that, effectively, they will not be discussed because of a and decided upon today. However, the hon. Lady’s clever way of guillotining their consideration is, to my support for the Government’s programme motion means mind, completely unacceptable. that all the other clauses will probably not be reached, Over 20 amendments have been selected, never mind including new clause 12, which relates to the provision all those that were tabled but not selected, and very on intermediaries for very vulnerable witnesses and has many Back-Bench Members have signed them. It cannot been signed by 57 colleagues on the Opposition side of be right to have tabled a programme motion last Thursday the House. at 5.15 pm, after a huge row at business questions, saying that there would supposedly be plenty of time to Ms Eagle: There are important debates that need to discuss the Bill—although people had queries about take place on the clauses that come after those relating that—without any knowledge that a Standing Order to Leveson. If everybody co-operates and speaks No. 24 application was going to be tabled and granted. I succinctly—I am about to demonstrate this by sitting absolutely believe the Leader of the House when he says down—we ought to have time to consider them all. I that when the Government tabled the new programme note, in passing, that some of the amendments to be motion very late on Thursday they did not know—indeed, considered are manuscript amendments and that the they could not have known—that there would be a House will have had only a short time to examine them Standing Order No. 24 application and that three hours before they are debated. It is undesirable in principle to of today’s debate would be lost. have manuscript amendments, but it is inevitable in the context of the fast-moving cross-party talks on Leveson, If the Leader of the House thought that that amount which continued into the early hours of this morning. of time should be available, we are going to be three hours The House has to be flexible and its procedures have to short of it today. It would be possible, even now—I enable agreements to be enacted if the circumstances know that it is not going to happen because I have been are exceptional, as I believe they are in this case. here and seen this too often—for him to get up and say that this is a perfectly reasonable amendment to the I know that many Members are disappointed that programme motion and accept it. All the Leveson clauses debate on other parts of the Bill will be curtailed or would still be debated exactly as was proposed in the truncated by the programme motion, but I am sure that original programme motion; all that would happen is if we work together we can ensure that we can debate all that the important amendments that we have lost would the parts of the Bill. I hope that Members on both sides be debated on another day. If the Leader of the House will accept the programme motion, which will enable us is saying that so much legislation is rushing through this to implement the findings of the Leveson report on House that we have no time to find on any other days, regulation of the press, ensuring that any future victims that is hard to believe since the House of Lords has can have redress, while maintaining press freedom. I been given an extra week’s recess because we are not also hope that we will be able to debate in an appropriate progressing enough business. manner all the other parts of the Bill before finishing In May 2009, when we were in opposition, the Prime those stages at midnight. Minister-to-be made a speech called “Fixing Broken Politics”—I would recommend it to every right hon. 7.37 pm and hon. Member—in which he made it clear that the Mr Peter Bone (Wellingborough) (Con): I beg to one thing he was not going to do when he was in power move amendment (d), at end of paragraph 2, leave out was restrict debate; he was going to have open, transparent ‘at today’s sitting’ and insert debate and allow enough time to scrutinise really important issues. ‘in two days (in addition to the First Day already taken)’ It is normally a great privilege to follow the hon. Mr David Winnick (Walsall North) (Lab): Did the Member for Wallasey (Ms Eagle), but this evening the hon. Gentleman really believe what the then Leader of opposite is the case. I am afraid that what has happened the Opposition, now Prime Minister, said? Did not today is part of the deal that has been done to reach those of us on the Government Benches during those 687 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 688 (Programme) ((No. 3) (Programme) ((No. 3) years say that the programme motions that were being Government introduced. We said it was wrong, but it is tabled and passed would almost certainly happen in the exactly what has happened tonight. The previous Leader same way if the Conservatives won the election? I am of the House promised that we would not automatically sure that the hon. Gentleman is not so naive. programme business. This is the worst abuse that I have seen since becoming a Member of this House. I urge the Mr Bone: I am very naive, because that is exactly Leader of the House, at this late stage, to show that he is what I believed. At that time, the hon. Gentleman a democratic champion of this House, to stick up for would have gone through the same experience of the Back Benchers, not for the Executive, and to accept my expenses scandal, when there was a real movement in amendment. the country for this place to change so that proper scrutiny would take place in this mother of Parliaments. 7.47 pm Previously, any scrutiny occurred down the corridor; we never got the chance to reach important clauses and Chris Bryant (Rhondda) (Lab): It is a great delight to amendments in Bills. We complained about that week follow the hon. Member for Wellingborough (Mr Bone), in, week out. Yet here we are tonight having lost any not least because I want to take him up on something debate whatsoever on really important clauses. Even that he said the other day and has said again today. He when the situation was at its worst, under the Blair uses the phrase, “the mother of Parliaments”, as though regime, I cannot remember anything being so dramatically this Parliament is the mother of Parliaments. That is curtailed. Why on earth could not the Leader of the completely and utterly incorrect. John Bright referred House simply have said that we were going to have to England as being the mother of Parliaments, and his another day because of the Standing Order No. 24 point was to criticise England because it had not yet debate? We could have extended tonight’s timetable by managed to bring the full franchise to all working men; another three hours—that would have been sufficient—but he was not quite so enlightened as to include women at given that that has not happened, the only way that we that time. I know that the hon. Gentleman knows this could, at the very last minute, come up with an acceptable, to be the case because he told me so in the gym the in-order amendment, was to say, “Deal with Leveson other day, so I hope he will stop misleading the House. today and finish that at the time the Government [Interruption.] It is not inadvertent; it is deliberate, and suggested”, which will now be 10.44 pm, “and then I know it is, but I say it in a kindly way. move on to these important issues another day.” It is This has been a very odd day. I have scoured the condescending to say that a few Members will be upset. history books and I cannot find an example of Standing It is not about a few Members being upset; these are Order No. 24 being used by the Prime Minister to hold really important issues that we should be debating as himself to account. It was a delight to see him do so, but a House. slightly odd. The Leader of the House said that he would always, Sir Richard Shepherd (Aldridge-Brownhills) (Con): or nearly always, try to provide two days on Report— What my hon. Friend says is true. He did not mention, although we have not ended up with that—and boasted but could easily have done so, that glorious sunlit day in about the fact that there have been 14 such occasions so Birmingham—perhaps he attended the party conference far. I agree that, broadly speaking, that is a good that year—when we were exhilarated to hear the then principle. It may be important to have more than one shadow Leader of the House give the greatest pleasure day’s debate on a long and contentious Bill, particularly to us all when he announced that we would no longer a Bill such as this, where the Government are rewriting automatically guillotine. That is the substance of the large chunks of it, or on a Christmas tree Bill that has matter that has animated so many of us on the Government baubles, tinsel and fairies on top. However, if there are Back Benches. The deliberate intention not to debate statements or other business, that trammels up the things—to manipulate the order of play, so to speak, on debate on Report. All too often, Whips will try to make the Floor of the House—deceives the public out there sure that certain matters are not reached. and corrupts the purpose of our being here. I have some sympathy with what the hon. Member for Wellingborough is saying, but my complaint is that Mr Bone: My hon. Friend puts it far better than I do. it is a bit rich for the Government to complain, as they Of course, I did rejoice at that. I went into the new have been doing in the media and in the House today, coalition Government with a real feeling that we were that Members are trying to hijack other Bills. Perhaps going to be different—that things would change. Tonight the Leader of the House should timetable in the hijacking we are taking a huge step backwards. As I said, I cannot of Bills between now and the general election, because recall any occasion on which an SO24 application has we have every intention of hijacking as many as possible been granted and we therefore lose X amount of business in order to make sure that we get better legislation. That that is not then rearranged. is what the whole process is about. If we can persuade Some cynical people—I am probably one of them— the Liberal Democrats, as well as the minor parties, to would say that this has suited the business managers join us on more occasions than thus far, we hope that enormously, because an amendment had been tabled we will manage to get better legislation. that they did not want to debate. If I am wrong about Part of the problem is that last week one programme that, it would be very simple for the Leader of the motion was tabled within 10 minutes of the close of House to accept my amendment and we will see how play. Such practice makes it impossible for ordinary well the Government respond to it. hon. Members to know what the next day will hold and The other problem is that this debate on the programme when we will discuss individual Bills. If the whole idea motion eats into the time that is allowed for debate on of programme motions is that they are for the convenience the substantive issues. That is a trick the previous of the House, it is for the multiple inconvenience of the 689 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 690 (Programme) ((No. 3) (Programme) ((No. 3) [Chris Bryant] right hon. Friend the Leader of the Opposition and others. Indeed, many people will be looking to this House if they are tabled at the very last minute, especially House to have a proper debate on the provisions that when, as I understand it, the Government did not even will end the right to appeal for those applying for a understand last week that such a motion is amendable visitor visa. The hon. Gentleman and I may take a or that there is no way that the Opposition or any other different view on that, but the Government have ordered Member can seek to amend it until it has been tabled. the business in this way when they could easily have said That happened at the very last minute last Tuesday last Thursday that they would not debate the Bill today, night and last Thursday night, so Mr Speaker was left but would do so tomorrow, Wednesday or Thursday. with a very difficult decision on whether it was right to That would have made it perfectly possible to have a allow the House to proceed on the basis of manuscript debate on Leveson and then on something else, which amendments such as those that have been tabled by the would have been a much better way of proceeding. hon. Member for Wellingborough or other manuscript I am afraid that there is not much point in supporting amendments that have even been tabled by the Government. the amendments tabled by the hon. Member for That is a shabby way of doing business. It brings this Wellingborough. Frankly, I hope he will withdraw them, House into disrepute when people cannot make proper because a vote would waste another 16 minutes when arrangements. we could be getting on with business. I say to the Leader Last Thursday the Government were not even aware of the House that it is a shame that we are proceeding in that, if they wanted to discuss certain things relating to this way. Leveson, they had to table a motion under Standing Order No. 75. That motion was eventually tabled five minutes before the close of play on Thursday, but it 7.55 pm has not been moved. We have all ended up looking like Mr Philip Hollobone (Kettering) (Con): I do not we are living in cloud cuckoo land. think that defending the right of this Chamber to The Leader of the House also said last week that he scrutinise the Executive is a waste of time and I hope would table amendments when the discussions had that my hon. Friend the Member for Wellingborough concluded. I asked him what he meant by “concluded” (Mr Bone) will press his amendment to a vote. To be and he rolled his eyes and pulled the slightly grumpy, frank, this is an abuse by the Government of their Deputy Dawg face that he is pulling now. The papal privilege in setting the timetable of this House and it is conclave ended and amendments were tabled a long a huge shame that Her Majesty’s loyal Opposition are time afterwards. Incidentally, the one good thing about joining in that exercise. this papal conclave is that at least a woman—my right There is no disagreement at all that we should debate hon. and learned Friend the Member for Camberwell the Leveson clauses until 10.21 pm. Whether the and Peckham (Ms Harman), the deputy leader of the amendment or the Government’s programme motion is Labour party—was allowed to be on it. passed, that will be the effect. We have already had a A lot of important issues need to be considered with very interesting three-hour debate and by the time the regard to extradition. The hon. Member for Wellingborough vote on the amendment to the programme motion is is right that under the current programme motion we finished we will probably have time for another two-hour are unlikely to reach the amendment tabled in his name debate on the relevant clauses. There is no disagreement and the names of, I think, 95 other Members, most but about that. not all of whom are Conservative. The disagreement lies with all the other clauses, schedules and amendments that will be lost as a result of the Sir Gerald Howarth (Aldershot) (Con): I agree with Government’s programme motion. For example, new the hon. Gentleman that today has been an odd day, but clause 12 has been signed by 57 Members, mainly it has been extremely beneficial to discuss all the issues Opposition Members, and relates to the provision of relating to Leveson. However, the issues of extradition intermediaries for very vulnerable witnesses. New clause 14 and the European arrest warrant are of huge concern to has been signed by 110 Members, mainly Government the people of this country. I say to my right hon. Friend Members and also relates to very vulnerable witnesses. the Leader of the House, through this intervention, New clause 13 will probably never be reached, but it that, given the many cases when the United States in relates to exceptions to automatic deportation and has particular has sought the extradition of people from 104 signatories from both sides of the House. Those are this country and raised huge concern among the British important new clauses, which we will either not debate people, debate on the issue should not be truncated. at all or to which we will give very little and totally The House should be given more time to debate it. inadequate attention. This is not the way that this great House of Commons ought to behave. Of course, it Chris Bryant: Indeed. I commend those who brought would not behave in this way if we had the business of issues of extradition to the House’s attention on the the House committee that Her Majesty’s Government basis of Back-Bench motions. However, given that it is promised they would deliver by 2013. now exactly a year since this House unanimously agreed Some Members present may think that the effect of a motion on the visas of those involved in the death of the amendments tabled by my hon. Friend the Member Sergei Magnitsky, we now know that a motion of the for Wellingborough would be to extend tonight’s sitting, House means absolutely nothing unless it is part of but, unusually for my hon. Friend, that is not the case. the legislative process. If the manuscript amendments are passed, tonight’s The hon. Gentleman is right. I would like to be able main debate would finish at 10.21 pm. If the Government’s to debate extradition and the European arrest warrant programme motion is passed, we will be here until and we have tabled an amendment in the names of my midnight. Members should not turn around and blame 691 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 692 (Programme) ((No. 3) (Programme) ((No. 3) my hon. Friend or me when they are moaning about Mr Winnick: The Leader of the House said that there being here at midnight. What the two of us want to see would be other opportunities to discuss those issues. is another day given for discussion of the Bill’s important Would it not be useful, arising from the strong extra clauses. What is unreasonable about that? All we representations and speeches that have been made from want is for this Chamber to scrutinise those clauses both sides of the House on the right of Parliament to and come to a decision on them. It will not be able to do debate such issues, if the Leader of the House indicated that in the 40 minutes that the Government feel are when we will be able to discuss such issues if he is not adequate. willing to agree to the amendment? It is a great shame that the Leader of the House did not go into any detail about possible alternative days to Mr Llwyd: I am grateful to the hon. Gentleman for discuss these issues. We finish our main business on a making that point, with which I agree fully. Tuesday at 7 o’clock. We have had exceptional circumstances The Executive are overriding completely the will of today and everybody understands that. I think that most this place. The matters that we are not able to discuss Members would be supportive, given the circumstances, are not minor ones; they are vital matters that concern of staying longer tomorrow night. Were the Government people out there. They are not matters for the twittering to extend tomorrow’s sitting to 10 o’clock, we could classes of Westminster alone; they are vital matters that probably deal with the extra new clauses and amendments, affect ordinary citizens up and down the UK. For but the Leader of the House has not made any such example, we are dealing with automatic deportation suggestion. Next Tuesday, we have a Back-Bench afternoon. and ensuring convention rights. We cannot be expected The Government could have replaced that with the to run through such vital issues in a matter of minutes. remaining stages of the Crime and Courts Bill. We I find the whole thing utterly unacceptable. could therefore wrap it all up before the Easter recess in I was in Parliament in 1992 when the then Conservative a perfectly satisfactory way, with proper scrutiny of all Government thought better of such practices and provided the new clauses and amendments. time for debates to take place. Very rarely were debates However, that kind of imaginative thinking does not truncated in this way. It is utterly unacceptable and I am seem to come from the Government, which is a great sure that people outside this place will see that. We took shame. The Prime Minister, the Leader of the Opposition a step forward this afternoon, but we are taking a major and the Deputy Prime Minister have been innovative step back this evening. today in knocking their heads together and agreeing on this Chamber’s response to the Leveson report. Most Mr Deputy Speaker (Mr Nigel Evans): I call Mark Members would agree that that is a good thing. But Garnier—or even Edward. now, we are being let down by Her Majesty’s Government, who refuse to extend that innovative thinking into ensuring 8.3 pm that this House scrutinises legislation properly. That is a great shame. Sir Edward Garnier (Harborough) (Con): It is always great to be a legend in one’s own—whatever 8pm the saying is. The Government’s response to the amendment is Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC): I appreciate unwise and intolerable. everything that has been said by the hon. Member for Kettering (Mr Hollobone) and I support the amendment Mr Deputy Speaker: I will keep taking the tablets, tabled by the hon. Member for Wellingborough (Mr Bone). Sir Edward. When the Leader of the House made an announcement last week about rescheduling the business for today, Mr Winnick: On a point of order, Mr Deputy Speaker. naively, given my 21 years’ experience, I presumed that a Would it not be appropriate for the Leader of the good part of the crime and courts work would be taken House to show respect for the views that have been elsewhere. For the past few months, we have been treading expressed in the past 15 minutes and at least come to the water. There have been many Opposition days and Dispatch Box and make some comments? He is just Back-Bench business days flying around. That is not a sitting there grinning and showing indifference. What bad thing and I am not running those things down, but sort of respect does that show for the views of the there has been plenty of slack in the system and there House of Commons? remains slack in the system. The hon. Member for Kettering has identified two opportunities in the past Mr Deputy Speaker: Clearly, that is not a matter for couple of minutes. the Chair. What are we dealing with at the moment? An Executive Question put, That the amendment be made. who are treating this place with contempt. Earlier, we were all back-slapping and grinning, and saying that we The House divided: Ayes 40, Noes 508. were doing something about Leveson and getting stuck Division No. 191] [8.4 pm into doing something for the public. The public should know that conscientious parliamentarians, such as those AYES who have spoken today, are being denied the opportunity Bingham, Andrew Davies, Philip to scrutinise important legislation, such as provisions Blackman, Bob de Bois, Nick on the all-important European arrest warrant, exceptions Brady, Mr Graham Dodds, rh Mr Nigel to automatic deportation and provisions to deal with Donaldson, rh Mr Jeffrey M. Campbell, Mr Gregory vulnerable witnesses. As a lawyer, I find it abhorrent Drax, Richard Corbyn, Jeremy that we are not able to discuss provisions that deal with Durkan, Mark vulnerable witnesses. Crouch, Tracey Edwards, Jonathan 693 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 694 (Programme) ((No. 3) (Programme) ((No. 3) Flynn, Paul Rees-Mogg, Jacob Curran, Margaret Glass, Pat Hermon, Lady Ritchie, Ms Margaret Dakin, Nic Glen, John Hoey, Kate Shannon, Jim Danczuk, Simon Glindon, Mrs Mary Hopkins, Kelvin Shepherd, Sir Richard Davey, rh Mr Edward Godsiff, Mr Roger Hosie, Stewart Simpson, David David, Wayne Goggins, rh Paul Jarvis, Dan Turner, Mr Andrew Davidson, Mr Ian Goodman, Helen Llwyd, rh Mr Elfyn Walker, Mr Charles Davies, David T. C. Goodwill, Mr Robert Lucas, Caroline Weir, Mr Mike (Monmouth) Gove, rh Michael Mactaggart, Fiona Williams, Hywel Davies, Geraint Graham, Richard McCrea, Dr William Winnick, Mr David Davies, Glyn Grant, Mrs Helen McDonnell, John Wishart, Pete Denham, rh Mr John Gray, Mr James McIntosh, Miss Anne Wood, Mike Dinenage, Caroline Grayling, rh Chris Munn, Meg Tellers for the Ayes: Djanogly, Mr Jonathan Greatrex, Tom Nuttall, Mr David Mr Philip Hollobone and Dobbin, Jim Green, rh Damian Reckless, Mark Mr Peter Bone Docherty, Thomas Green, Kate Donohoe, Mr Brian H. Greening, rh Justine Doran, Mr Frank Greenwood, Lilian NOES Doughty, Stephen Grieve, rh Mr Dominic Abbott, Ms Diane Brazier, Mr Julian Dowd, Jim Griffith, Nia Abrahams, Debbie Brennan, Kevin Doyle, Gemma Griffiths, Andrew Adams, Nigel Bridgen, Andrew Doyle-Price, Jackie Gummer, Ben Afriyie, Adam Brine, Steve Dromey, Jack Gwynne, Andrew Ainsworth, rh Mr Bob Brokenshire, James Duddridge, James Gyimah, Mr Sam Aldous, Peter Brooke, Annette Dugher, Michael Hague, rh Mr William Alexander, rh Danny Brown, Lyn Duncan, rh Mr Alan Hain, rh Mr Peter Halfon, Robert Alexander, rh Mr Douglas Brown, rh Mr Nicholas Duncan Smith, rh Mr Iain Brown, Mr Russell Hames, Duncan Alexander, Heidi Dunne, Mr Philip Bruce, Fiona Hamilton, Mr David Ali, Rushanara Eagle, Ms Angela Bruce, rh Sir Malcolm Hamilton, Fabian Allen, Mr Graham Eagle, Maria Bryant, Chris Hammond, rh Mr Philip Anderson, Mr David Efford, Clive Buck, Ms Karen Hammond, Stephen Elliott, Julie Andrew, Stuart Buckland, Mr Robert Hancock, Matthew Arbuthnot, rh Mr James Burden, Richard Ellis, Michael Hands, Greg Ashworth, Jonathan Burley, Mr Aidan Ellison, Jane Hanson, rh Mr David Austin, Ian Burnham, rh Andy Ellman, Mrs Louise Harman, rh Ms Harriet Bailey, Mr Adrian Burns, Conor Ellwood, Mr Tobias Harper, Mr Mark Bain, Mr William Burns, rh Mr Simon Elphicke, Charlie Harrington, Richard Baker, Norman Burrowes, Mr David Engel, Natascha Harris, Rebecca Baker, Steve Burstow, rh Paul Esterson, Bill Harris, Mr Tom Baldry, Sir Tony Burt, Lorely Eustice, George Hart, Simon Baldwin, Harriett Byles, Dan Evans, Chris Harvey, Sir Nick Balls, rh Ed Byrne, rh Mr Liam Evans, Graham Havard, Mr Dai Banks, Gordon Cable, rh Vince Evans, Jonathan Hayes, Mr John Barclay, Stephen Cairns, Alun Evennett, Mr David Heald, Oliver Barker, rh Gregory Campbell, Mr Alan Fabricant, Michael Healey, rh John Baron, Mr John Campbell, rh Sir Menzies Fallon, rh Michael Heath, Mr David Heaton-Harris, Chris Barwell, Gavin Carmichael, rh Mr Alistair Farrelly, Paul Carmichael, Neil Hemming, John Bayley, Hugh Farron, Tim Champion, Sarah Hendrick, Mark Beckett, rh Margaret Featherstone, Lynne Chapman, Jenny Hendry, Charles Begg, Dame Anne Field, rh Mr Frank Chishti, Rehman Hepburn, Mr Stephen Beith, rh Sir Alan Field, Mark Clappison, Mr James Herbert, rh Nick Flello, Robert Bellingham, Mr Henry Clark, rh Greg Hillier, Meg Benn, rh Hilary Clark, Katy Flint, rh Caroline Hilling, Julie Benton, Mr Joe Clifton-Brown, Geoffrey Foster, rh Mr Don Hinds, Damian Benyon, Richard Coffey, Ann Fox,rhDrLiam Hoban, Mr Mark Beresford, Sir Paul Coffey, Dr Thérèse Francis, Dr Hywel Hodge, rh Margaret Berger, Luciana Collins, Damian Francois, rh Mr Mark Hodgson, Mrs Sharon Berry, Jake Colvile, Oliver Freeman, George Hollingbery, George Betts, Mr Clive Connarty, Michael Freer, Mike Holloway, Mr Adam Birtwistle, Gordon Cooper, Rosie Fullbrook, Lorraine Hood, Mr Jim Blackman-Woods, Roberta Cooper, rh Yvette Fuller, Richard Hopkins, Kelvin Blears, rh Hazel Cox, Mr Geoffrey Gale, Sir Roger Hopkins, Kris Blenkinsop, Tom Crabb, Stephen Gapes, Mike Horwood, Martin Blomfield, Paul Crausby, Mr David Gardiner, Barry Howarth, rh Mr George Blunt, Mr Crispin Creagh, Mary Garnier, Mark Howell, John Boles, Nick Creasy, Stella Gauke, Mr David Hughes, rh Simon Bottomley, Sir Peter Cruddas, Jon George, Andrew Hunt, rh Mr Jeremy Bradley, Karen Cryer, John Gibb, Mr Nick Hunt, Tristram Bradshaw, rh Mr Ben Cunningham, Alex Gilbert, Stephen Huppert, Dr Julian Brake, rh Tom Cunningham, Mr Jim Gillan, rh Mrs Cheryl Hurd, Mr Nick Bray, Angie Cunningham, Sir Tony Gilmore, Sheila Irranca-Davies, Huw 695 Crime and Courts Bill [Lords] 18 MARCH 2013 Crime and Courts Bill [Lords] 696 (Programme) ((No. 3) (Programme) ((No. 3) Jackson, Glenda McKenzie, Mr Iain Pincher, Christopher Stuart, Ms Gisela James, Margot McKinnell, Catherine Poulter, Dr Daniel Stunell, rh Andrew James, Mrs Siân C. McLoughlin, rh Mr Patrick Pound, Stephen Sturdy, Julian Jamieson, Cathy McPartland, Stephen Prisk, Mr Mark Swales, Ian Jarvis, Dan McVey, Esther Pugh, John Swayne, rh Mr Desmond Javid, Sajid Meacher, rh Mr Michael Qureshi, Yasmin Swinson, Jo Johnson, rh Alan Meale, Sir Alan Randall, rh Mr John Swire, rh Mr Hugo Johnson, Diana Mearns, Ian Redwood, rh Mr John Syms, Mr Robert Johnson, Gareth Menzies, Mark Reed, Mr Jamie Tami, Mark Jones, Andrew Metcalfe, Stephen Reevell, Simon Teather, Sarah Jones, Graham Miliband, rh David Reid, Mr Alan Thomas, Mr Gareth Jones, Mr Kevan Miller, Andrew Reynolds, Emma Thornberry, Emily Jones, Susan Elan Miller, rh Maria Reynolds, Jonathan Thornton, Mike Jowell, rh Dame Tessa Mills, Nigel Riordan, Mrs Linda Thurso, John Kaufman, rh Sir Gerald Milton, Anne Robertson, rh Hugh Timms, rh Stephen Kawczynski, Daniel Mitchell, Austin Robertson, Mr Laurence Timpson, Mr Edward Keeley, Barbara Moon, Mrs Madeleine Robinson, Mr Geoffrey Tomlinson, Justin Kelly, Chris Moore, rh Michael Rogerson, Dan Tredinnick, David Kendall, Liz Mordaunt, Penny Rosindell, Andrew Trickett, Jon Khan, rh Sadiq Morden, Jessica Rotheram, Steve Truss, Elizabeth Kirby, Simon Morgan, Nicky Roy, Mr Frank Twigg, Derek Knight, rh Mr Greg Morrice, Graeme (Livingston) Roy, Lindsay Twigg, Stephen Laing, Mrs Eleanor Morris, Anne Marie Ruane, Chris Tyrie, Mr Andrew Lamb, Norman Morris, David Rudd, Amber Umunna, Mr Chuka Lammy, rh Mr David Morris, Grahame M. Ruddock, rh Dame Joan Uppal, Paul Lancaster, Mark (Easington) Ruffley, Mr David Vaizey, Mr Edward Lansley, rh Mr Andrew Morris, James Russell, Sir Bob Vara, Mr Shailesh Latham, Pauline Mosley, Stephen Sanders, Mr Adrian Vaz, rh Keith Lavery, Ian Mowat, David Sandys, Laura Vaz, Valerie Laws, rh Mr David Mudie, Mr George Sarwar, Anas Vickers, Martin Lazarowicz, Mark Mulholland, Greg Sawford, Andy Walker, Mr Robin Leadsom, Andrea Mundell, rh David Scott, Mr Lee Wallace, Mr Ben Lee, Jessica Munt, Tessa Seabeck, Alison Walley, Joan Lee, Dr Phillip Murphy, rh Mr Jim Selous, Andrew Walter, Mr Robert Leech, Mr John Murphy, rh Paul Shapps, rh Grant Ward, Mr David Lefroy, Jeremy Murray, Ian Sharma, Alok Watkinson, Dame Angela Leslie, Charlotte Murray, Sheryll Sharma, Mr Virendra Watts, Mr Dave Leslie, Chris Murrison, Dr Andrew Shelbrooke, Alec Webb, Steve Letwin, rh Mr Oliver Nandy, Lisa Sheridan, Jim Wharton, James Lewis, Brandon Nash, Pamela Shuker, Gavin Wheeler, Heather Lewis, Mr Ivan Neill, Robert Simmonds, Mark White, Chris Lewis, Dr Julian Newmark, Mr Brooks Simpson, Mr Keith Whitehead, Dr Alan Lidington, rh Mr David Newton, Sarah Skidmore, Chris Whittaker, Craig Lilley, rh Mr Peter Nokes, Caroline Skinner, Mr Dennis Whittingdale, Mr John Lloyd, Stephen Norman, Jesse Smith, rh Mr Andrew Wiggin, Bill Lord, Jonathan O’Brien, Mr Stephen Smith, Angela Willetts, rh Mr David Loughton, Tim O’Donnell, Fiona Smith, Miss Chloe Williams, Mr Mark Love, Mr Andrew Offord, Dr Matthew Smith, Henry Williams, Roger Lucas, Ian Ollerenshaw, Eric Smith, Julian Williams, Stephen Luff, Peter Onwurah, Chi Smith, Nick Williamson, Chris Lumley, Karen Opperman, Guy Smith, Owen Williamson, Gavin Macleod, Mary Osborne, rh Mr George Smith, Sir Robert Wilson, Phil Mahmood, Shabana Osborne, Sandra Soames, rh Nicholas Wilson, Mr Rob Marsden, Mr Gordon Ottaway, Richard Soubry, Anna Winterton, rh Ms Rosie Maude, rh Mr Francis Owen, Albert Spellar, rh Mr John Woodward, rh Mr Shaun May, rh Mrs Theresa Paice, rh Sir James Spelman, rh Mrs Caroline Wright, David Maynard, Paul Parish, Neil Spencer, Mr Mark Wright, Mr Iain McCann, Mr Michael Patel, Priti Stanley, rh Sir John Wright, Jeremy McCarthy, Kerry Pawsey, Mark Stephenson, Andrew Yeo, Mr Tim McCartney, Jason Pearce, Teresa Stewart, Bob Young, rh Sir George McCartney, Karl Penning, Mike Stewart, Iain Zahawi, Nadhim McClymont, Gregg Penrose, John Stewart, Rory McDonald, Andy Percy, Andrew Streeter, Mr Gary Tellers for the Noes: McFadden, rh Mr Pat Perkins, Toby Stride, Mel Mark Hunter and McGovern, Alison Perry, Claire Stringer, Graham Joseph Johnson McGovern, Jim Phillips, Stephen McGuire, rh Mrs Anne Phillipson, Bridget Question accordingly negatived. McKechin, Ann Pickles, rh Mr Eric Main Question put and agreed to. 697 18 MARCH 2013 Crime and Courts Bill [Lords] 698

Crime and Courts Bill [Lords] Mr Deputy Speaker (Mr Nigel Evans): With this it will be convenient to discuss the following: [2ND ALLOCATED DAY] Government new clause 22—Relevant considerations. Further consideration of Bill, as amended in the Public Government new clause 23—Amount of exemplary Bill Committee damages. Government new clause 24—Multiple claimants. New Clause 21A Government new clause 25—Multiple defendants. Government new clause 26—Awards of aggravated AWARDS OF EXEMPLARY DAMAGES damages. ‘(1) This section applies where— Government new clause 27A—Awards of costs. (a) a relevant claim is made against a person (“the Government new clause 29—Meaning of “relevant defendant”), publisher”. (b) the defendant was a relevant publisher at the material Government new clause 30—Other interpretative time, provisions. (c) the claim is related to the publication of news-related material, and Government new schedule 5—‘Exclusions from definition (d) the defendant is found liable in respect of the claim. of “relevant publisher”. (2) Exemplary damages may not be awarded against the Government amendments 121A and 122. defendant in respect of the claim if the defendant was a member of an approved regulator at the material time. Maria Miller: The Leveson inquiry shone a spotlight (3) But the court may disregard subsection (2) if— on the worst excesses of the press. As a result of the (a) the approved regulator imposed a penalty on the revelations involving the hacking of Milly Dowler’s defendant in respect of the defendant’s conduct or phone and all that went before it, we have seen the decided not to do so, closure of a national newspaper and a range of ongoing (b) the court considers, in light of the information criminal investigations. available to the approved regulator when imposing Lord Justice Leveson heard evidence for more than a the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the year. I should like to pause for a second to pay tribute— penalty or deciding not to impose one, and [Interruption.] (c) the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages Mr Deputy Speaker: Order. Please will Members under this section against the defendant. leaving the Chamber do so quietly? I am finding it very (4) Where the court is not prevented from making an award of difficult to hear what the Minister is saying. exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard Maria Miller: Thank you, Mr Deputy Speaker. that subsection as a result of subsection (3)), the court— I should like to pay tribute to those who gave evidence (a) may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the that involved them revisiting those harrowing experiences. case, but I hope it will be clear today that that ordeal has not (b) may do so only under this section. been in vain. (5) Exemplary damages may be awarded under this section Today marks a turning point. We can move on from only if they are claimed. simply talking about Lord Justice Leveson’s report to (6) Exemplary damages may be awarded under this section starting to act on it, with a new package that is agreed only if the court is by all three party leaders. The package includes a new satisfied that— royal charter, as announced by the Prime Minister earlier; a new costs and damages package that seeks to (a) the defendant’s conduct has shown a deliberate or reckless disregard of an outrageous nature for the maximise incentives for relevant publishers to be part of claimant’s rights, the new press self-regulator; and one short clause reinforcing (b) the conduct is such that the court should punish the the point that politicians cannot tamper with the new defendant for it, and press royal charter, which is the subject of debate in the (c) other remedies would not be adequate to punish that other place. conduct. Before I discuss the Bill, I should like to make clear (7) Exemplary damages may be awarded under this section what we are not talking about. The Prime Minister said whether or not another remedy is granted. to the House on the day the report was published that (8) The decision on the question of— he had serious misgivings about statutory press regulation. (a) whether exemplary damages are to be awarded under He—I agreed with him—was determined to find a this section, or better way of establishing the recognition body that would oversee the tough self-regulatory body that Lord (b) the amount of such damages, must not be left to a jury.’.—(Maria Miller.) Justice Leveson envisaged. That is what our royal charter does. Brought up, and read the First time. Our proposals will provide the toughest system of regulation that this country has ever seen. The system 8.22 pm will protect the public and ensure that the freedom of The Secretary of State for Culture, Media and Sport the press is not undermined. Alongside our proposals, (Maria Miller): I beg to move, That the clause be read a we will include a three-line clause that reinforces the Second time. language within the charter and says that it cannot be 699 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 700 changed without a two-thirds majority in both Houses. for the most serious cases. They are designed to punish The clause ensures that, for generations to come, Ministers only where there is no alternative. That general position cannot interfere with the new system without explicit will not change, but the new scheme will change the and extensive support from both Houses. position for relevant publishers in certain types of cases We have achieved all of that without needing to set relating to the media, namely: defamation, misuse of out a system of press regulation in legislation—hence, private information, breach of confidence and harassment. our proposals are not statutory underpinning. The three-line They would give effect to the recommendation in Lord clause applies to all royal charters of a particular nature Justice Leveson’s report that exemplary damages should from this point onwards. It is simply a safeguard. be put on a statutory footing for media cases, with the aim of incentivising publishers to join the regulator. We are in the House to debate amendments that will put in place a new, tough set of incentives for publishers. New clause 21A incentivises publishers to join the There are two such incentives—the first relates to the regulator by making it clear that a court may contemplate award of exemplary damages, and the second relates to awarding exemplary damages only in cases where a the award of costs in litigation involving relevant publishers. publisher has not joined the regulator, with very limited The package forms a crucial part of the new regulatory exceptions, on the basis that a publisher joining the regime, providing strong new incentives to relevant press regulator will already face the prospect of regulatory publishers to join the press regulator. When they choose fines of up to £1 million, as set out in the royal charter. to join the press regulator, they will receive a series of This approach, therefore, is designed to incentivise publishers benefits on costs and damages. However, those that to join the regulator by offering them protection from choose not to join the regulator will be exposed to the the award of exemplary damages. However, the clause tough new regime, which includes payment, in most also provides that if a court feels that a regulated cases, of the costs of people who bring claims in the publisher has acted in a way that would lead the court courts against publishers on civil media laws, regardless to award exemplary damages but for their membership of whether those people win or lose; and exposure to a of the regulator, and that the regulator has acted “manifestly new exemplary damages regime—we are introducing irrationally” in its approach to sanctioning that conduct, a new punitive damages regime for breaches of those then the courts may, in exceptional circumstances, make media laws for those who do not sign up to the regulator. an award of exemplary damages in that case. Victims of press mistreatment will, for the first time, have access to a new toughened complaints mechanism Sir Bob Russell (Colchester) (LD): Will the right hon. with prominent apologies, tough £1 million fines, and Lady confirm that the legislation has been driven by the access to a new arbitration system. behaviour of certain national newspapers, and that our local newspapers and provincial press have not been Paul Flynn (Newport West) (Lab): The Secretary of responsible, but will have to pay for the sins of Fleet street? State gives us the welcome news that this is the toughest regulatory system in the UK, but will the system impose Maria Miller: I understand the sentiment behind my on newspapers the duty of political balance that is hon. Friend’s question. I can reassure him that we have imposed by the royal charter on the BBC and ITV? been working directly with representatives of the local press to ensure that the new system does not, as he Maria Miller: The hon. Gentleman knows that we suggests, burden them unnecessarily. Perhaps the right are trying exactly to protect freedom of speech, so that hon. and learned Member for Camberwell and Peckham newspapers have the ability to comment on proceedings (Ms Harman) will remark on that further; I will do so in in this place and more widely. We are protecting that my comments later. important ability and maintaining and promoting freedom Exemplary damages will be awarded only in the most of speech. serious cases, in line with both the Leveson report and the report of the 1997 Law Commission. The test for Jacob Rees-Mogg (North East Somerset) (Con): I the award will be: where the defendant’s conduct has want to clarify schedule 4 of the royal charter, which shown a deliberate or reckless disregard of an outrageous states that a “relevant publisher” is nature for the claimant’s rights; where conduct is such “a newspaper or magazine containing news-related material”. that the court should punish the defendant for it; and where other remedies would not be adequate to punish Does that include, for example, newspapers published that conduct. The supplementary new clauses ensure by local Conservative associations? Might we therefore that the new exemplary damages system works in practice. have to register? New clause 22 sets out factors that the court must Maria Miller: My hon. Friend is slightly jumping the take into account in deciding whether an award of gun—we will come to that in more detail later—but I exemplary damages is appropriate, and whether membership can give him a sneak preview of the answer, which is no. of an improved regulator was available to the defendant Clear tests included in new clause 29 make it clear that at the time of the events giving rise to the claims. If so, such publications will not be covered. what reasons the defendant had for not being a member are factors that can be considered. The court must also have regard, so far as it is relevant, to whether the 8.30 pm defendant has internal compliance procedures of a The first group of amendments relates to exemplary satisfactory nature in place and how they are adhered to. damages. It will perhaps be helpful to the House to explain their effect. Exemplary damages are already Sir Edward Garnier (Harborough) (Con): I wonder available, as I am sure hon. Members know, under whether my right hon. Friend could provide me with common law. They are, however, very rare, and reserved some clarification. She says that the exemplary damages 701 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 702

[Sir Edward Garnier] the issue could have been resolved at arbitration, had the defendant agreed to its being referred, or if it was regime will apply as per the new clauses and so on. One just and equitable for the defendant to pay the claimant’s of the exclusions from the definition of a “relevant costs. publisher”, which she will find in new schedule 5, is: “A person who publishes a title that relates to a particular Guy Opperman (Hexham) (Con): The fundamental pastime, hobby, trade, business, industry or profession”. problem is not necessarily the costs paid at the end of Maybe the “hobby” relates to the point made by my the case, but the costs of a litigant’s bringing an action hon. Friend the Member for North East Somerset against a publisher. I and my hon. and learned Friend (Jacob Rees-Mogg). What is the position of an irrelevant the Member for Harborough (Sir Edward Garnier) publisher, if I can describe him as that, who publishes a have represented many individuals who would have magazine or some other publication about a pastime, struggled to bring such actions without protections. hobby or trade, but who none the less behaves within Will the Secretary of State advise the House of what the terms of Rookes v. Barnard? Would the court still be protections are in place, and may I highly recommend able to award exemplary damages in that circumstance? the protective costs order regime that provides protection to an impoverished, but justified, litigant as against a Maria Miller: My hon. and learned Friend raises an very wealthy publisher? issue in which he is well versed. If I do not provide a complete answer, then I will get back to him with all the Maria Miller: My hon. Friend pre-empts something details. Clearly, if somebody is not a relevant publisher that I will cover in more detail later. I will not only deal then they are not drawn into the self-regulatory scheme. with the cost regime, but explain that to comply with They would not be subject to exemplary damages or Leveson the new self-regulatory regime will include free be eligible for the scheme. Therefore, they would not be arbitration, so giving those individuals the access to caught within this remit. We have so drawn the definition justice that he rightly says they should have. of “relevant publishers” to ensure that the scheme does New clause 27A establishes a second presumption—that not catch people we do not need to catch, and that is a relevant publisher that chooses to stay outside the why we have been careful to set out the three tests in regulator would generally have costs awarded against it new clause 29—to ensure that we are clear about who is in proceedings for media tort, whether or not the claim covered. Some individual organisations might well fall is successful. In other words, a defendant publisher that close to the line, but then it would be for the courts to does not join the regulator should always pay the claimant’s decide. costs, unless the issue could not have been resolved at New clause 23 sets out matters to which the court arbitration if the publisher had been a member of a must have regard in deciding the amount of exemplary regulator, or unless it were just and equitable for the damages appropriate, and the key principles governing defendant publisher not to pay those costs. These provisions the court’s consideration are that the amount should be deal with defendants and the costs they should or no more should not pay to claimants. The issue of claimants and “than the minimum needed to punish the defendant for the the costs they might have to pay to defendants is also conduct complained of” important and is addressed in subsection (5). and that it should be “proportionate”. New clauses 24 Lord Justice Leveson endorsed Lord Justice Jackson’s and 25 ensure that those provisions will operate effectively recommendation that qualified one-way cost shifting in cases involving more than one claimant or defendant. should be introduced for defamation and privacy cases. For completeness, I shall also mention new clause 26 QOCS is a form of cost protection. The Government and amendment 121A. New clause 26 implements accepted that recommendation, and we have asked recommendation 71 in Lord Justice Leveson’s report the Civil Justice Council, chaired by the Master of the and confirms that, in cases under the new system, Rolls, to make recommendations by the end of this aggravated damages should only be awarded to compensate month on appropriate cost protection measures to be for mental distress and should have no punitive element. introduced for defamation and privacy cases. The Amendment 121A provides that the provisions on Government then expect to introduce a cost protection exemplary damages come into force one year after the regime through the civil procedure rules. date on which the body is established by royal charter. Let us be clear: the new provisions on the awarding of That will be a powerful incentive to the press to establish costs, coupled with the provisions I have set out on the new regulator on a timely basis. For all their rarity, exemplary damages, provide a powerful incentive to the availability of exemplary damages should send a join the regulator and for disputes to be resolved through powerful signal to publishers. arbitration that meets the standards set out in the royal I turn to the provisions relating to costs in new charter. Those defined as a “relevant publisher” for the clause 27A. The proposals are designed to give further purposes of the new legislation will, if they choose to sit real and powerful incentives and give effect to Lord outside the regulator, be exposed to the full force of the Justice Leveson’s recommendation that the award of new exemplary damages and costs provisions. We want costs should be another tool to encourage publishers to to ensure that the new provisions act as a powerful join the regulator. The new clause would provide a clear incentive—as I am sure you can hear me say, Mr Deputy presumption that where a claimant took a publisher Speaker—but we do not want to draw in too broad a inside the regulator to court, even if the claimant was range of publishers. successful, the normal rule that their costs would be met by a losing publisher would not apply. In other words, a Mark Reckless (Rochester and Strood) (Con): Is it defendant publisher that had joined the regulator should not the case that the incentives are so powerful—with only pay a claimant’s costs in limited circumstances—if the exemplary damages and the requirement to pay the 703 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 704 other side’s costs, even if their claim may be very poor to be covered by the new regulator. Three interlocking —that, in essence, we are almost forcing the press into tests will apply in that regard. They ask whether the joining the new regulator and being subject to the publication is publishing news-related material in the regulation framework determined by Ministers through course of a business, whether its material is written by a the Privy Council? range of authors and whether that material is subject to editorial control. This provision aims to protect small-scale Maria Miller: I gently remind my hon. Friend that bloggers and the like. Together with new schedule 5, it the criteria used in reaching judgments will not be will ensure that the publishers of special interest, hobby determined by Ministers, as he will know from the and trade titles such as the Angling Times and the wine earlier debate. The reason we are establishing a royal magazine Decanter are not caught in the regime. Student charter is exactly so that all this is put very much at and not-for-profit community newspapers such as the arm’s length from Ministers. I suggest to him that every one mentioned by my hon. Friend the Member for publisher has a choice it can weigh up. Publishers can North East Somerset (Jacob Rees-Mogg) will not be come inside the self-regulatory process and get the caught, and scientific journals, periodicals and book support of the regime for exemplary damages and costs, publishers will also be left outside the definition and or they can choose to stay outside. That was absolutely therefore not exposed to the exemplary damages and the essence of Lord Justice Leveson’s recommendation costs regime. not to have compulsion, and that is why the Prime Minister and I were so against taking a statutory Jacob Rees-Mogg: We in this corner of the Chamber approach—because we did not feel the press would have been discussing definitions and wondering which want to take part in such a regime, which would be a magazines would count as hobby magazines. How, for fundamental weakness in the system. example, would my right hon. Friend define Hello! magazine? It is surely not a newspaper, given that it Mark Reckless: But is it not the case that Ministers, indulges in the publication of gossip and celebrity pictures. albeit with senior members of the Opposition, have Would it be covered, or would it be exempt, and who agreed the royal charter on Privy Council terms—in will decide where the line is to be drawn? some ways that is worse than statutory regulation, because MPs have had no opportunity to debate it on behalf of our constituents—and that in many cases the Maria Miller: My hon. Friend tempts me to repeat only choice that media face will be whether to join or be what I have just said, but perhaps he should read bankrupted? Hansard or the Bill instead. New clause 29 describes in great detail who will be Maria Miller: I would say to my hon. Friend that caught by the definition of “relevant publisher”. The when I have heard people talk about the approach they publisher would have to meet the three tests of whether want the Government to take, they say that they want the publication is publishing news-related material in regulation of the press to be very much at arm’s length the course of a business, whether their material is from politicians. What we are talking about is a self- written by a range of authors—this would exclude a regulatory body for the press, set up by the press. The one-man band or a single blogger—and whether that royal charter is a verification panel that will ensure that material is subject to editorial control. This is specifically the press is doing what it should do. It will not be under designed to protect small-scale bloggers. Lone bloggers the eyes of Ministers; it will be independent. However, clearly do not meet those criteria. I hope that that I urge him to look at the detail of the charter so that he clarifies that point. does not take just my word for it, but sees it written down in black and white. Mr Richard Bacon (South Norfolk) (Con): One could easily envisage a railway enthusiasts’ magazine which Guy Opperman: Will my right hon. Friend give way? had a range of authors whose material was subject to editorial control but which many people would nevertheless Maria Miller: There are lots of people who want to consider to be a hobby magazine. It would fall outside take part in the debate on these amendments, so if my the regime because it was aimed solely at enthusiasts. hon. Friend lets me make a little progress, perhaps he What would happen, however, if such a magazine were can intervene on me a little later. to get hold of some information, perhaps confidential In new clause 29 we set out a definition of “relevant information, about High Speed 2? Would it then be publisher” that captures national newspapers and their caught by the regime? Does my right hon. Friend not online editions, local and regional newspapers and their see the path that she is going down? online editions, and online-only edited press-like content providers, as well as gossip and lifestyle magazines. Exemplary damages and costs are designed to catch Maria Miller: We have clearly set out the direction larger news publishers—those at the centre of the that we are going in, and it is there in the information circumstances giving rise to Leveson. As highlighted by for my hon. Friend to read. Ultimately, the court will my hon. Friend the Member for Colchester (Sir Bob decide whether any particular issues fall near the line. If Russell), who is no longer in his place, many of those a publication is concerned about whether it would be are not necessarily the smaller publications. caught by the new regime, it can of course seek legal advice, but we have done a great deal to make this clear to individual publications. I am sorry—I did not make 8.45 pm it clear to my hon. Friend the Member for North East The new provisions will act as the key incentive for Somerset whether Hello! magazine would be caught by joining the new press regulator. However, our new clause the provisions. Yes, it will be. People tell me that it is a is also designed to protect people who are not intended gossip magazine. I am not a regular purchaser of it. 705 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 706

Mark Durkan (Foyle) (SDLP): The Minister mentioned It is also crucial—this is a major change—that a new publications that would not fall into the category of arbitration system is being set up. Over the years, people “relevant publisher”. If a publication posing as a have wrung their hands about how inaccessible the constituency newsletter—perhaps with a title like Target courts are to people who have been defamed, while Marginal South—were to make a serious allegation newspapers have wrung their hands about being tied up against someone in another party, what would happen for ages with the enormous costs that can arise if some if a relevant publisher were to pick up the story and oligarch takes a newspaper to court. Importantly, therefore, publish it? Where would they stand if they published a arising from the Leveson report is not just a new complaints controversial story that had originally been published system but a new arbitration system. Media torts, by a non-relevant publisher? defamation and privacy claims that would otherwise have gone to court will instead go into the arbitration Maria Miller: I am sure that the hon. Gentleman system. The manuscript new clauses on cost will incentivise knows that such instances already arise and that they not only newspapers but individual complainants to go are covered by the normal laws of libel. That would into an arbitration system and not straight to court. continue to be the case because those organisations There is an incentive for a complainant who wants to would not be deemed to be relevant publishers. The bring an action against a newspaper that is a member of normal laws would therefore be in play. Hopefully, that a regulatory body to agree to arbitration, which will be provides him with some clarification. available to members of the body and which will be run In conclusion, getting the balance of incentives right inexpensively. A complainant who does not want to go is clearly important, as it was really important in the to arbitration, who says “I will take my chances in Leveson report. We are, I believe, striking a balance court” and who then wins the case will not win the through these amendments that will present a tough costs, and costs may be awarded against that complainant. new system of press regulation, but equally one that Arbitration will involve no cost to complainants, and does not compromise the freedom of the press or they will benefit from a top-rate, legally kosher procedure investigative journalism. We are all clear that investigative without having to go to court. journalism and freedom of the press should be given paramount importance in the process. Throughout cross- Guy Opperman rose— party talks, we agreed a set of proposals that will create a tough new system of self-regulation. Ms Harman: If the hon. Gentleman is going to ask I believe the package put in front of us all today me a difficult, complicated question, I can tell him the provides real incentives with real effect. It embodies a answer. It is “The Secretary of State will respond on my crucial part of Lord Justice Leveson’s proposals and behalf.” However, he is welcome to ask the question part of the tough new regime for press regulation. anyway. These amendments have been put forward with cross-party support, so I commend them to the House. Guy Opperman: I am delighted to observe that the Labour party studied the legislation in such detail before Ms Harriet Harman (Camberwell and Peckham) (Lab): presenting it. I rise to support the Government new clauses in the I should probably declare that I am a qualified mediator group and the manuscript new clauses standing in the and arbitrator. Under the current system, people involved name of the Prime Minister, the Secretary of State, in arbitration can appeal against the process if they are the Deputy Prime Minister and the Leader of the not happy with it, and the litigation can begin anew. Opposition. The manuscript new clauses arise out of Would that arrangement continue, and how would an the cross-party talks, into which I thank the Secretary individual litigant defamed by a newspaper or any other of State for inviting us. That explains why hon. Members publication bring an action, given that—contrary to have not, I am afraid, had much time to look at them. what the right hon. and learned Lady has just said—the We all want to be sure that hon. Members have the costs of arbitration are very high? opportunity to scrutinise provisions in advance, but because we worked late into the night in attempting to Ms Harman: The royal charter requires the regulator agree them, they have been brought before the House to provide for an inexpensively run arbitration service with inadequate notice. I offer my apologies for that. which will impose no costs on complainants. As the I hope to add to the points made by the Secretary of hon. Gentleman will know, things can happen further State, with which I greatly agree. Also, because hon. along the chain after arbitration has been agreed to, but Members have not had much chance to look at the the essence of arbitration is that both sides embark on it manuscript amendments and consider what they mean, agreeing that the arbitrator will settle the issue. I shall try to explain my understanding of how they sit I think that this will be a great step forward, because with the new framework set out in the royal charter. it will deal with the problem of inaccessibility. Most As the Secretary of State has said, the choice Leveson people who are defamed, or whose privacy has been made was not to impose direct regulation on newspapers invaded in what is termed a media tort, would never as a complaints system, but to invite them instead to set dream of being able to go to court, although many up their own regulation system and to encourage subscribers lawyers are prepared to act on the basis of conditional to it, not only because it is a good idea as the framework fee arrangements. A free-to-use arbitration service is is fair and reasonable, but because incentives and therefore an important component of the Leveson package disincentives have been provided. That, of course, leaves contained in the royal charter. It is good news for the choice to them—the point of incentives and disincentives claimants, but it also means that newspapers will be well is that they incentivise and disincentivise—but encourages and truly incentivised not to remain outside the regulatory them to go into the new regime. body.If they are not in the regulatory body and arbitration 707 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 708 is therefore not available to those who may complain New clause 21A sets the bar for exemplary damages about them, it is possible that when the case goes to very high, as it provides that the “defendant’s conduct” court, costs will be awarded against them even if they must have win. “shown a deliberate or reckless disregard of an outrageous nature for the claimant’s rights”. Sir Edward Garnier rose— In addition, the conduct must have been “such that the court should punish the defendant for it”. Ms Harman: That is how we understand that the system will work. May I invite the hon. and learned We know what we are dealing with here—very extreme Member for Harborough (Sir Edward Garnier) to answer conduct. his question at the same time as asking it? I suspect that he thinks he knows the answer better than I do. He does Mr John Redwood (Wokingham) (Con): We are being not, but he probably thinks he does. asked to legislate for exemplary damages here in this House, so does that mean that this really is a statutory Sir Edward Garnier: What a charming way of allowing system and that the right hon. and learned Lady won? an intervention! I should have thought that a fellow member of the former Solicitor-Generals’ club would Ms Harman: No, because there is no statute that says, be a little more polite to me. I shall have to take our “We are setting up a system and we are passing a law to dispute to arbitration as soon as possible. make all the newspapers be in it.” The newspapers have There is no doubt that the proposal presented by the a choice as to whether or not the enter the system. Government, and agreed to by the Opposition, to encourage However, the point is that we are incentivising them to people to become members of the regulatory body and enter it and disincentivising them from staying outside. to make use of an arbitration scheme has its attractions, They could make a judgment that they want to stay but I think that the right hon. and learned Lady and my outside. They could decide that they do not want to go right hon. Friend the Secretary of State should be to arbitration and that they will take their chances with careful not to be seduced into thinking that arbitration the court. They might decide that they will be so careful equals no expense, no time, and simplicity. The sorts of that they will never commit a media tort, and even if cases that go to arbitration can be just as complicated they did, that they would never get anywhere near the as those which go to court and the expense involved in a “outrageous” behaviour that would justify exemplary fully tuned-up arbitration is no less than that of a piece damages and so would not need to worry about that. I of litigation. So this is a jolly good idea and let us all say hope that they will not take the view. I hope they will how wonderful it is, but let us not seduce ourselves into think that, even if they are not behaving outrageously, thinking that arbitration is some magic answer, because they would want to shelter themselves from the prospect there will be plenty of cases where the interlocutory of exemplary damages. I hope that they will go into the procedures will be far too complicated for speedy mediation system willingly. Exemplary damages will still be available or arbitration under the regulatory scheme. to the courts to award against people who are in the regulator, but it is more or less a presumption that those people will not be in it. That is a major disincentive. 9pm Ms Harman: I am well aware that many arbitration Mel Stride (Central Devon) (Con): There is clearly a cases are incredibly complex—for example, those in very strong disincentive to go into the scheme for those the construction industry. However, one thing that the who might qualify, but there is a grey area about which recogniser established under the royal charter is charged publications should fall within the scope of the scheme. to do is to see that the regulator, which is coming Would it be possible under these arrangements for those forward to seek recognition, has an inexpensive arbitration publications that might not be sure to establish whether system. Obviously, it is not automatic that an arbitration they should or could qualify for the scheme? system will be inexpensive—it could be very expensive—but the regulator, seeking recognition, has an opportunity Ms Harman: Any publication could apply to be a to put forward a brand new system that starts off by member of a regulator. It would find out whether it trying to be as inexpensive as possible; it is free of cost came within the purview of that regulator, as the regulator for the complainant but there are the costs of running might reply saying, “Sorry, we don’t regulate you.” it. I apologise for my slightly waspish response to the Exemplary damages simply give newspapers another hon. and learned Gentleman’s intervention; I must have incentive to join the regulator. The court is left with the been trying to get my defence in first. opportunity to award exemplary damages, only in much That deals with the point about arbitration and costs, narrower circumstances. I hope that all the newspapers— and I now wish to deal with the issue of exemplary including those that did not agree with the setting up damages. Obviously, the bar for those is set very high of the Leveson inquiry, with how Lord Leveson took and they are rarely awarded. As hon. Members will evidence or with his report—will propose regulators know, they occur where the court wants not only to and join them now that the report has been published quantify the compensation for the claimant’s suffering and all parties have agreed that we should have the royal and loss—mental, physical and financial—but to teach charter and the accompanying bits of statute. I am sure the defendant a lesson. Sometimes called punitive damages, that the Secretary of State, the Deputy Prime Minister exemplary damages are awarded to make an example; and the Prime Minister will want to do everything they they are like a public policy intervention that gives a can to say to the press, as the Prime Minister said in good bonus to the claimant, because the court wants to today’s debate, that it is impossible for the newspapers teach the defendant a lesson and so imposes extra to hold the powerful to account if they are abusing their damages. own power. A good complaints system, which is respected 709 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 710

[Ms Harman] We tried to work on a cross-party basis because what the press have always done in the past is divide and rule. and has public confidence, is a good thing in principle, They have always sought to play one party off against so it is important that the newspapers step forward and another. We have to win elections, so having the press join the regulator. shining a light on us and saying how great we are is very After Leveson reported, he said that the ball was now tempting. It is hard to win the support of the voters. If in the politicians’ court. He asked us all to work together we have the backing of the press, it seems much easier, to agree and we did. Now, the ball is in the press’s court especially if they are slagging off our opponents. That is and I hope that they will rise to that challenge. what the press have always relied on—that we have never worked together to put a proper complaints system Mr Bacon: I am listening to the right hon. and in place, but have allowed the press to divide us and learned Lady with interest, although she reminds me of rule. George Orwell’s comment about the sort of people who play with fire without knowing that fire is hot. That Sir Bob Russell: Would the right hon. and learned comment is directed at those on both Front Benches, Lady like to clarify that? Will she make it clear that including my right hon. Friend the Secretary of State, when she refers to the press, she is referring to elements who is a very old friend. They have no idea what they of the national press, not the local or the provincial are playing with—no idea. Does the right hon. and press? They have got caught up in this, and they are not learned Lady not understand that one person’s outrageous responsible. behaviour is another person’s sensible and moderate behaviour? Does she not understand that after Lord Ms Harman: The Leader of the Opposition, the Hutton issued his whitewash report, some of those who Prime Minister and the Deputy Prime Minister all criticised it were accused of acting outrageously? acknowledged that successive Governments have not taken action to put in place a proper, sensible, reasonable Ms Harman: We are not talking about any old person’s complaints system, not because of the regional or local view of deliberate or reckless disregard or conduct of press, but because of the power of the national press, an outrageous nature. We are not talking about my view particularly the monopolistic power of the national of what might constitute deliberate or reckless disregard press. We will have to move on to the question of or conduct of an outrageous nature, or even the view of monopolistic ownership, but not now because we are the Secretary of State. We are talking about the judge’s exhausted. However, the regional and local press have view—not any old person but a judicial personage— nothing to fear from having good standards and having a complaints system. One of the reasons why we worked Mr Bacon: Lord Hutton was a judge. to narrow the arbitration system was the great fears of the regional and local press. We know that they are Ms Harman: The hon. Gentleman needs to calm facing very tough times so we do not want to do down and relax. We are giving the courts an opportunity anything to make matters more difficult for them. to exercise their judgment so that when something is so I agree with the hon. Member for South Dorset outrageous that they do not think that the normal (Richard Drax), who is no longer in his place. He said quantum of damages assessed on what has been suffered there was something uncomfortable about dealing with is enough, they can add to it. It is right that that should matters behind closed doors. The royal charter is an apply to media torts. agreement that is not subject to scrutiny. It does not go As I have said, Lord Justice Leveson urged us all to before a Committee or to the House of Lords. It drifts work together and we have. The Secretary of State by in a flash, then it is up to the Privy Council. However, invited us to cross-party talks and I thank Lord Wallace, we cannot have it both ways. We can have Parliament who was the Liberal Democrat there. It just goes to crawling over legislation that applies to the press, which show that one should not believe what one reads in the makes the press feel very uncomfortable and makes the newspapers. I had read a lot about the Minister for Prime Minister apparently feel neuralgic. I do not have Government Policy, the right hon. Member for West the same sensitivities, but apparently the Government Dorset (Mr Letwin),in the newspapers and thought he do. We can avoid that through the royal charter process, was an absent-minded professor type who was absolutely in which case there is no parliamentary scrutiny. We ditsy. I had read it in the newspapers, so I thought it cannot have both, and the choice has been to have a must be true—[Interruption.] He is now in the Chamber. royal charter and a self-regulatory system, without I discovered that it was not at all like that, and that he parliamentary scrutiny of it, beyond the discussion that was very intelligent and purposeful. He played a key part we have had. in reaching this agreement, which is very important indeed. In that respect, I shall mention one issue which is not We were ably assisted by a number of the Culture the subject of the amendments but which comes into Secretary’s Conservative colleagues. I do not want to the question of the charter. I refer to conscience clauses do what my right hon. Friend the Member for Exeter for journalists. Many journalists gave evidence to Leveson (Mr Bradshaw) did and blight their reputations, but we and said, “We knew that we were being asked to do found it incredibly helpful to be joined at our very long things that were in breach of the code and we wanted meetings—we had one meeting that lasted seven hours—by not to do them, but we feared that we would be sacked the hon. Members for Camborne and Redruth (George if we said, ‘We won’t do this.’” Journalists talked of Eustice), for Stratford-on-Avon (Nadhim Zahawi), being asked to do outrageous things but because it is so for South Swindon (Mr Buckland) and for Richmond difficult, and fearing that if they lost their job they Park (Zac Goldsmith) and the right hon. Member for would never get another, they never dared speak up.Lord Bermondsey and Old Southwark (Simon Hughes). Justice Leveson proposed that the industry and the 711 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 712 regulatory body should consider encouraging conscience Prime Minister, everyone must be congratulated, but we clauses in journalists’ contracts. The relevant new clause must not oversell it or exaggerate the claims for the has not been selected, so I will not mention it because solution that may have been found. that would be out of order. However, in schedule 2, on I was interested in looking at some of the new clauses page 13 of the charter, which hon. Members have had and new schedules to see that the statutory framework scant opportunity to look at, there is what the Foreign that seems to have been set down for the Crime and Office calls a brush past. Basically, this is mentioned in Courts Bill makes some changes to the law, but only up paragraph 4. to a point. If one looks at new clause 21A, provision is made for the award of exemplary damages unless the 9.15 pm defendant was a relevant publisher. But that is cancelled I hope that we will see people getting cheaper arbitration. because the court can disregard subsection (2), and that I hope that fewer people will need to go to arbitration is cancelled because under subsection (4) the court is because of media torts. I hope that the higher levels of not prevented from making an award of exemplary accountability will make the newspapers more careful—not damages for other reasons. It rather disappears up its to chill freedom of speech, but just to respect the civil own grammar—I was about to use a rather unparliamentary law and their own code of conduct. I hope that there term. We might need at some stage to reconsider the will be higher standards so that we do not have masses English used in the new clause if it is to be understood of apologies all over the front pages, because they will by the people we wish it to attract. have thought before they write a story : is it accurate, is The other point we ought to think about—something it fair, is it truthful? That will be better for the readers as my hon. Friend the Member for Hexham (Guy Opperman) well as those who write the story. We are not at the end and I were discussing only a moment ago—is that we of the process, but at the beginning. I hope we will must be careful not to set up two regimes for exemplary continue to work together to protect the freedom of the damages. There already exists a common law regime for press, recognising that we can have a free press but also exemplary or punitive damages. Broadly, it is available protect those who have suffered horribly from abuse. where a state actor has behaved in an unconstitutional I finish on the question of Hacked Off, because or high-handed fashion, for example when the police or people have accused the Labour party of being its the Prison Service grossly misbehaves in relation to political wing. I would say that they should think for a someone in custody. That example is perfectly easy to moment about what it must be like to suffer the describe: the court will award punitive and exemplary disappearance of one’s child, as happened to Milly damages to mark society’s disapproval of the behaviour Dowler’s family and the McCanns. Those people had of that arm of the state. never had any exposure to or relationship with newspapers, but found that they were dealing not only with the most Guy Opperman: Does my hon. and learned Friend horrific personal tragedy but that their lives were turned agree that there appears to be, in effect, almost a mirror upside down by the newspapers. People should think image of the common law system of exemplary damages? about the absolute sense of grief and the inability of Under the present system, which he rightly describes, every family member to deal with what was happening. for an unlawful arrest involving a police officer verballing By bringing together the victims of this awful press an innocent defendant, for example, a judge would give abuse, Hacked Off enabled them to support each other, exemplary damages. Surely that would be mirrored in to be in a network with other people who had some exactly the same way in the provisions proposed in the sense of what they had gone through. It enabled them new clause. All that might be good, but surely those to move from being just victims to people who were able provisions would apply on an ongoing basis in any to speak at the Leveson inquiry, which took the most event. Does he agree that the concern is that the provision enormous courage. If the thing that one wants most of on exemplary damages does not necessarily change the all is not to be in the newspapers, stepping forward into common law? the spotlight and giving evidence at such an inquiry was an incredibly brave thing for the Dowlers, the McCanns Sir Edward Garnier: I think that I largely agree with and the Watsons to have done and, indeed, for people my hon. Friend. The first limb relates to unconstitutional such as J.K. Rowling and Charlotte Church. Hacked state behaviour, which he described and I mentioned, Off enabled them to be not just victims, trying to cope but the second limb relates to situations in which, under with their lives, but agents for change, to improve public the common law, the defendant has calculated that the policy. As the Leader of the Opposition said, I do not gain he could make from the civil wrong he commits think we would be here today if they had not had that will lead to greater profit for him than any potential courage and bravery. Hacked Off helped them play that damages he might have to pay as compensation to the role, so I make no apology for our relationship with wronged person. The court can recognise that by punishing Hacked Off, and I pay tribute to the work that it has the defendant, and deterring others from doing the done. same thing, through the separate and additional award of exemplary damages. Those two limbs of the exemplary Sir Edward Garnier: I thank the Secretary of State for damages regime are well described in the 1964 case of Culture, Media and Sport, my right hon. Friend the Rookes v. Barnard, but I will bore the House no further Member for Basingstoke (Maria Miller), and the right on that. hon. and learned Member for Camberwell and Peckham What we are creating is a regime that will be similar (Ms Harman) for introducing this section of the debate. to the common law regime but not exactly the same and It is clear that Members on both sides of the Chamber that will be limited to “relevant publishers”. We need to have worked extremely hard to bring the matter to a think carefully about whether we are setting up two head. As I said in the debate opened earlier by the systems that are close, but not quite parallel, for securing 713 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 714

[Sir Edward Garnier] not award costs against the defendant unless satisfied that…the issues raised by the claim could have been resolved by using an exemplary damages. While we are legislating to adjust arbitration scheme of the approved regulator, or…it is just and exemplary damages for the perfectly sensible and equitable in all the circumstances of the case to award costs against the defendant.” understandable motive of encouraging newspaper publishers, or those who will become “relevant publishers”, That involves a bit of saying, “On the one hand but to enter a scheme under a regulator, I wonder whether then on the other.” It is not quite clear which is the we ought to bring together everything relating to exemplary desired policy because there is a bifurcation. damages under one statutory umbrella. I say that not On the question of whether simply because I think that it would be neater, but also “the issues raised by the claim could have been resolved by using because of what is said in subsection (4) of new clause 30, an arbitration scheme of the approved regulator”, which defines a relevant claim. It states: we would of course first have to see what that arbitration ‘“Relevant claim” means a civil claim made in respect of any of scheme looked like. Going back to the days of the the following— now-no-longer-regretted Press Complaints Commission, (a) libel; that organisation, because of how it was set up and (b) slander; staffed and how the panels of adjudicators were composed, (c) breach of confidence; was wholly incapable of dealing with hugely complicated (d) misuse of private information; factual issues or with matters that required quite a nice calculation, or a nice discussion, of matters of law. (e) malicious falsehood; (f) harassment.’ One might think that it would be very sensible that if a series of grossly defamatory allegations were made in Under the common law, libel, slander and malicious a front-page article in a tabloid newspaper, or any other falsehood are already susceptible to punitive and exemplary newspaper, that would lead to a dispute resolution damages, but as we know from Max Mosley’s case process of the sort envisaged under this regime. Of against Mirror Group Newspapers—I will not rehearse course, it has a spurious attraction: “Let’s mediate, let’s the facts of the case—the judge, when asked to award settle, and let’s get it all dealt with quickly and cheaply exemplary damages to the claimant in respect of the and with the least possible intervention by lawyers.” As behaviour of the defendant newspaper, said, “Under a matter of theory, that is a jolly good idea, but disputes the common law I do not think that I can extend the come in different shapes and sizes. One can have the ambit of exemplary damages beyond the categories of simplest possible dispute that does not require evidence libel and slander and so forth to a claim involving a or looking at complicated documents. I give the example breach of confidence or the misuse of private information.” of the meaning of words. If an article is defamatory on In the Bill we are extending by statute what that judge the face of it, a professor of English does not need to could not do, but we are extending it only to cases come and give a lecture about what this word means or involving “relevant publishers”; we are not extending it that word means. The judge, if he is the arbiter, or the to what I will crudely call “irrelevant publishers” or arbitration panel can say, “This, in its natural and individual defendants who might misbehave in such a ordinary meaning, bears the following defamatory way that brings them within the regime of either of the meaning”—end of story. Then the defendant, or the two limbs of exemplary damages. I do not want there to respondent to the arbitration, can say, “Okay, I accept be two separate types of exemplary damages. One statutory what you say and I apologise—I didn’t mean that.” If system should govern the consideration and awarding meaning is the only question that has to be considered, of exemplary damages, not one and a half or two systems. some form of early, non-court dispute resolution, assuming I urge the Government to consider this when they are that the panel is competent, would be a perfectly sensible thinking about how to take these matters forward. waytodoit. Perhaps having done so they will think that my concerns Let us assume, however, that four contended meanings are of no importance or account, but I raise them can be derived from the words under discussion. The nevertheless, admittedly in the light of having seen the defendant newspaper, be it a relevant publisher or otherwise, document only during the course of this afternoon. may say, “We don’t think that the words have those two New clause 27A on the award of costs mirrors the highest meanings, but we do think that they have the arguments about exemplary damages. I entirely understand two lower, less serious and less defamatory meanings. In that the policy behind exemplary damages and the so far as those meanings are to be derived from the statutory costs regime as described in this set of manuscript words, we say they are true and we intend to justify amendments is intended to incentivise relevant publishers them. We will also go further by saying that those to come within the regulatory scheme. That is understood meanings are not only true as a matter of fact, but that, and perfectly sensible. However, we are in danger of in so far as they comprise or include comment, they are misleading ourselves if we think that that is going to honest comment.”That will require the proposed system’s lead to easy and early resolution of media disputes. A mediation procedure to go into all sorts of complicated moment ago I had a brief discussion with the right hon. questions with regard to the disclosure of relevant and learned Member for Camberwell and Peckham evidence, documents and so on. (Ms Harman) on arbitration and so forth. New clause 27A(2) —I will read it, if I may, because it might 9.30 pm be helpful—says: Guy Opperman: My hon. and learned Friend is making “If the defendant was a member of an approved regulator at the time when the claim was commenced (or was unable to be a a very good case. Does he agree that the PCC was member at that time for reasons beyond the defendant’s control notoriously fallible when resolving large newspaper disputes, or it would have been unreasonable in the circumstances for the but very effective at resolving disputes involving local defendant to have been a member at that time), the court must media and newspapers, which genuinely respected and 715 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 716 obeyed its procedures? The danger with the new system, there is a limit of £10,000. I suspect that many of the which my hon. and learned Friend is outlining eloquently, cases that at the moment go to the High Court under is that the local paper will be stuck with the same those provisions will, if people are sensible, go into the regulatory process, which is clearly meant to be a new scheme. It will look at low-level damages, low-level sledgehammer, as large national newspapers such as punitive sanctions and cases that do not involve lots of The Sun and the Daily Mirror. I suspect that that will complicated factual and legal issues. result in the process being more expensive for the smaller Just because the new system will not look at many paper— cases and just because the cases will not be hugely complicated does not mean that we should not do it; we Mr Speaker: Order. The hon. Gentleman’s intervention should. We need access to some form of arbitration is exceptionally lengthy. I know that he has a distinguished system for the people who have been bullied and disturbed record at the bar. If he were being paid by the word he by tabloid newspapers sticking their lenses through would be greatly enriched, but I trust that he has made people’s letterboxes and so on. However, I urge the his point to his satisfaction. If not, he can always have House not to think that we have suddenly waved a another go in a moment. magic wand and that all future disputes will be resolved between victims or individual claimants and large media Sir Edward Garnier: What the PCC was good at was organisations through a cheap and speedy system; they dealing with unfairness—the hideous intrusion on private will not. We ought to be a little cautious about that. grief, the doorstepper, the camera coming through the letter box, the knock on the door demanding a photograph Mark Reckless: I have been enjoying my hon. and of the dead child and so on. The PCC dealt with that learned Friend’s speech for the past 20 minutes and I extremely well, but what it could not deal with was the believe that the House benefits greatly from his exposition multi-issue disputes that I have outlined. of these concepts. However, I am still unclear as to It is not just a question of assessing the truth or whether he supports or opposes what is proposed. falsity of words or of whether they are defensible and honest comment. On honest comment and certain forms Sir Edward Garnier: I do apologise if I did not make of qualified privileged defence, the judge or the arbiter myself clear. I will try to do so again, but perhaps rather has to consider the question of malice and the respondent more speedily. I support what is in the measures. It is newspaper’s motive when it published the words complained easy to understand that point, I suspect. of. I do not think, even with the best will in the world, that the proposed arbitration system for relevant publishers, under a recognised regulator, good though it will be, Mark Reckless indicated assent. will be sufficiently well breeched and resourced to substitute itself for a disinterested judge when dealing with the Sir Edward Garnier: The second point is that, although case. I support the measures, I suspect that they will be of When it comes to disciplinary measures or the limited availability and limited use. However, that they incentivisation of costs to bring people into this scheme, will not solve every problem does not mean that we either as claimants or defendants—this goes back to a should not deploy them to solve some problems. As I point that I made in the earlier debate—it will not be said a moment ago, the sorts of problems that I think possible to deal with many expensive cases cheaply and they will be used to solve are those that are currently quickly. They will need to go to a more formal, court-like, dealt with summarily under the Defamation Act 1996 if not court, system. They will require proper arbitration with a damages limit of £10,000. There is no suggestion with qualified arbiters, the sifting and assessment of of a damages limit here, but I think that it is in that area evidence, the judging of witnesses and the reading of dispute that the system will work. It will be broadly of lots of documents. Those are functions of any form in disputes over meaning, unfairness or beastly behaviour of arbitration dispute and it will not be quick or cheap. by a newspaper that it will work. The new system will also bring into the exemplary Richard Drax: Is my hon. and learned Friend saying damages regime, to go back to my first set of arguments, that this proposed policy is a complete waste of time causes of action for which punitive damages cannot and that the system we have is perfectly workable, so currently be received under common law, such as breach long as it is more accessible to the many people who are of confidence and misuse of private information. not well off and cannot afford a listening? There is a lot to be said in favour of what is proposed. I just urge Members not to get excessively excited about Sir Edward Garnier: I most certainly am not saying what we are achieving. There will come a time when we that it is a complete waste of time. I am saying that we have to look at the guts of the regulatory system, should not seduce ourselves into thinking that it will do including at who is to be on the panels that decide the more than it can. It will be a far better system, all being cases and so on. There is therefore a lot more work for well, than the PCC. It will have real teeth. It will have the Minister for Government Policy and the Secretary the ability to discipline respondent newspapers that are of State for Culture, Media and Sport to do, with within the scheme by awarding costs and penalties of co-operation, I hope, from the Opposition parties and one sort or another. our coalition partners. The cases in which the new system will award a I am probably going to the church by way of the penalty of £1 million will be so rare as to be unthinkable. moon, but I really do think that much of what has been I imagine that it will deal with cases rather similar to said today is commendable, but that much of it is too those that are dealt with under the provisions of the overexcited. Yes, we should celebrate the consensus, but Defamation Act 1996 on summary decisions, for which let us not be misled by it. 717 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 718

Michael Connarty (Linlithgow and East Falkirk) regulate itself and stop such things so that they never (Lab): It is a genuine pleasure to follow the hon. and happen and the press never have to come before any learned Member for Harborough (Sir Edward Garnier), regulator. who made a considered and reasonable contribution in a mellow way. It is right to say that the royal charter is Michael Connarty: I normally lean on the optimistic not a solution to all the problems that occurred in the side—the sun rises every morning; I am glad I am still past, and that it is possibly not a solution for the future alive and my heart is still beating. That is two-up for me if malevolent forces out there wish to break the law and and I am happy to go on with the day with a positive the arrangements in the charter. view. Recently, however, some of my constituents were I welcome the Leveson-compliant solution—that is in Algeria, one of whom was a captive and in the trucks the key: it is Leveson-compliant. I did not take part in that were bombed. He managed to run away but he had the earlier debate, although I listened to all the contributions bombs hanging round his neck as he did so. The press in what one of my constituents phoned to say was a bit insisted on trying to get to that person’s home. I must of a love-in in the House of Commons, given the pay a compliment to MSP colleagues in my constituency, amount of self-congratulation across the Chamber. Let who both happen to be SNP. We agreed that we would us be frank—I am a very frank person as you know, not talk to the press or the media, and that we would Mr Speaker: my constituents and the general public not give out the names of the people involved. The press know that the Government, the Prime Minister and the still found a way to the family home and tried to get into Secretary of State were cajoled, bullied and harassed the house to interview the young people involved, one into solving the problem with a Leveson-compliant of whom was still very traumatised by their experience. solution. Let us not avoid that. If MPs had not been The press therefore still have a form of approach to the present in large enough numbers to vote the Government public whereby they see them as another byline without down, there was no possibility that the weak proposal thinking about the consequences of what they do. The put forward by the Prime Minister would have been charter might help with that. It might not help, as the amended to what we have now. That must be said so hon. and learned Member for Harborough (Sir Edward that people know the truth. Garnier) said, but I hope it does. I heard the atrocious comments on the radio this morning by the person I now consider to be not the 9.45 pm Minister for Culture, Media and Sport, but the Minister At some time, Parliament must look at the question for spin, about dragging the Labour party along and of media ownership. That is for another day, but we still defending the press from the terrible things that the have the problem. Media ownership by people who are Labour party was going to do through statute. In fact, citizens and residents of another country is a great problem however, what those on the Labour and Liberal Democrat we have had to face in the past. Front Benches, including the Deputy Prime Minister, I am glad new clause 21A has been tabled, because sought all along was a Leveson-compliant solution, and new clause 21(2) states: thatiswhatwehave. “Exemplary damages may not be awarded against the defendant I am worried about the Minister’s approach to the in respect of the claim if the defendant was a member of an amendments in her speech. She was either incentivising approved regulator at the material time.” publishers and publications to join up to the charter—I That is a get-out-of-jail-free clause. Thank goodness we thought that was done in a better and more balanced now have clause 21A(3)— this may be the point made way by the deputy leader of the Opposition—or it by the hon. and learned Gentleman and others—which sounded to me that she was trying to assure publishers says that and publications that if they sign up to the arrangement “if…the approved regulator imposed a penalty on the defendant as amended, they will not find it much more demanding in respect of the defendant’s conduct or decided not to do so”, of their own self-discipline than under the discredited they can still be taken to court. The reality is that we Press Complaints Commission. People should read her cannot deny people the right to take matters to court, speech in some detail because lots of signals were put particularly if the regulator has taken a decision that out that I believe were wrong. there is a penalty to pay.The penalty might not be sufficient This is an opportunity for the press to right the and people might look for further damages. The proposal wrongs of the past by signing up to self-discipline is a great improvement and I welcome it. through this form of charter. If, however, the system is New clause 27A adds to my concerns, because so not more demanding or effective than the Press Complaints many excuses are introduced in subsection (2). For Commission, the first time the press create another victim example, it states: of a new abuse, perhaps of a different sort, Parliament “If the defendant was…unable to be a member at that time for will be brought into serious disrepute. That is what the reasons beyond the defendant’s control”. Leader of the Opposition and the Deputy Prime Minister How much money could a good barrister make in were trying to avoid by putting together a measure that arguing the case that the defendant would have become is Leveson-compliant. a member if only it had been possible at the time? It goes on to state: Bob Stewart (Beckenham) (Con): I very much hope “or it would have been unreasonable in the circumstances for the that the charter will act as a catalyst for good behaviour, defendant to have been a member at that time”. as well as everything else. My children were doorstepped How much money would be made by the legal profession in their school when I was in Bosnia and not a public in arguing that one? I am sure the hon. and learned figure, and my mother had her door pushed in and Gentleman would like to give it some thought. That photographs were taken. I hope that the press will try to get-out clause is in the Bill but it was not previously, 719 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 720 which worries me, because it is a great defence. The because they will not apply to them. That is what I hope press can say, “Circumstances beyond our control, your will happen. We have an excellent example—with some honour, meant we didn’t really become part of the pressure, but with persuasion, in the main, from the scheme, so please don’t treat us as outside the scheme.” deputy leader of the Labour party, the Leader of the In fact, as the Minister has said, they will be targeted for Opposition, the Deputy Prime Minister and his not being compliant and for being unwilling to be representatives—of the Government changing to something self-disciplined or to join up with the royal charter. that is an all-party solution. I hope that those solutions That measure is a great worry, and I do not know will be translated into legislation in Scotland, or all of how the Minister can explain why it is in the Bill. I am this will mean nothing to the people of Scotland. It will sure everyone was trying to be reasonable in the negotiations be a charter with no ability to change behaviour. I hope on the amendments. I am sure the Opposition and the that my colleagues in Scotland are listening; I know Liberal Democrats tried to be reasonable and said, that the shadow Secretary of State for Scotland agrees “Let’s give as much leeway as possible.” We will see with me. whether that leeway is justified. We are asking for a new way of approaching the reporting of news and acting as Several hon. Members rose— publishers. They should not take the measure as a get-out clause, but have a genuine reason why they took Mr Speaker: Order. Just before I call the right hon. such slow steps and why their feet were dragged into the Member for Bermondsey and Old Southwark (Simon self-regulating regime. Hughes), I will just point out that there are four Members New clause 27A(5) leads me to my main point. It seeking to contribute. The Secretary of State will want refers to the Courts and Legal Services Act 1990. The briefly to wind up on the new clause, and the knife falls point about the Act is that its writ does not run in at 10.21 pm. I am sure all Members will wish to take Scotland. I am a Scottish Member of Parliament. The account of that; it would be good to get them all in. writ of the royal charter runs to all of the United Kingdom, which I welcome, but we have a difficult Simon Hughes (Bermondsey and Old Southwark) conundrum in Scotland at the moment. The Scottish (LD): I rise to thank the Secretary of State for introducing Government set up their own inquiry and asked Lord this group of new clauses and amendments, and to McCluskey to look at the proposals that might be support them. They are in the name not just of the relevant in Scotland. The clauses and amendments we Prime Minister, the Secretary of State, the Home Secretary are considering all contain the term “exemplary damages”, and the Leader of the Opposition, but the Deputy but exemplary damages do not exist in Scotland—I am Prime Minister. They are the additional provisions on also told that “aggravated damages”, which are also exemplary damages and costs agreed as a result of the referred to, do not exist in Scottish law. First, we are labours of recent days. I have paid tribute to various passing amendments that are to do with England and people, but I just want to add my tribute to my hon. Wales, and possibly Northern Ireland, but not with Friend the hon. Member for South Dorset (Richard Scotland, which has a separate legal system; and secondly, Drax), who was more thoroughly engaged, and later the measures do not even use terms that would be into the night, than many of us throughout pretty much recognised in Scotland. We have a real problem because all of this process. He must be thanked, too. this, surely, is a charter for the whole of the United I am relieved that agreement was reached, because Kingdom—for my constituents, and all constituents in otherwise it would have been my name leading on Scotland, as much as anywhere else. We have to find a 10 amendments, new clauses and schedules, and I would solution in Scotland that puts into law the same protection have had to explain all the technical matters on exemplary for victims, which is the intention of the amendments. I damages, costs and so on, on behalf of the coalition believe they are good amendments, despite my reservations, and other parties, instead of the Secretary of State. I because they will provide access, protection and redress therefore thank those who came to the rescue and did for those who find that self-regulators are breaking the the deal. I will make just a couple of simple points and self-regulating code. follow your request, Mr Speaker, to make sure there will What worries me is that there are no Scottish National be time for the other Members who wish to speak. party Members here at all. I have spoken with the As we have all done, I went back to what Lord Justice shadow Secretary of State for Scotland, and had discussions Leveson said on these matters in his report. He was today with members of the Scottish parliamentary Labour clear, in paragraphs 66 to 70, about what he was seeking group. The statement released by the shadow Secretary to do. He led into that in paragraph 57, in relation to the of State for Scotland states clearly that we will have to body he recommended. He stated that it should table amendments in Scotland to ensure that this will “order appropriate redress while encouraging individual newspapers cover everyone in the United Kingdom, should the to embrace a more rigorous process for dealing with complaints Scottish Government choose the Leveson-compliant internally…and provide a fair, quick and inexpensive arbitration approach of the royal charter rather than trying to draft service to deal with any civil law claims based upon its members’ their own legislation based on McCluskey. publications.” I hope the message will go out loud and clear from I agree absolutely with the deputy leader of the Labour this Chamber. Just as we achieved a solution by all party that an arbitration service is an indispensible part parties coming together, I hope that in Scotland the of the structure. I hear, of course, what the hon. and SNP will sit down with the Labour party, the Liberal learned Member for Harborough (Sir Edward Garnier) Democrats and others, and draft the necessary clauses said—that that does not necessarily produce a quick, to change the law in Scotland to introduce the same speedy or cheap outcome—but to get something by rights, access and compensation for the people of Scotland agreement, rather than full-frontal litigation, is clearly a that will not be available through these amendments good thing. 721 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 722

[Simon Hughes] other people referred to by at least one colleague are those who become part of the public commentary simply Paragraphs 66 and 67 read: by their association with somebody who is in the public “The need for incentives…has led me to recommend the provision eye. That is equally unacceptable. It is the children, the of an arbitration service… Such a system…would then make it mother, the elderly parent, the former wife, husband or possible to provide an incentive in relation to the costs of civil partner, the friend or the associate—those people often litigation. The normal rule is that the loser pays the legal costs get dragged in completely unwittingly. Perhaps they incurred by the winner but costs recovered are never all the costs happened to be in a photograph or were at the house incurred”— when somebody knocked on the door. We have to have everyone who has been to law knows about that— a system that understands that if there is due cause for “and litigation is expensive not only for the loser but frequently complaint about a politician, a sports celebrity or a for the winner as well. If, by declining to be a part of a regulatory business person, that is fine, but that does not mean that system, a publisher has deprived a claimant of access to a quick, anyone has a free rein to go after all the other people fair, low cost arbitration of the type I have proposed, the Civil who are absolutely innocent appendages to their lives, Procedure Rules (governing civil litigation) could permit the which happen to be public lives. court to deprive that publisher of its costs of litigation in privacy, defamation and other media cases, even if it had been successful.” Richard Drax: Is the right hon. Gentleman saying Lord Justice Leveson then sets out how that would that if a journalist goes to someone’s door and there are happen in relation to exemplary damages, and concludes other people in the house, the press should be stopped in paragraph 69: from commenting on them? If that is the case, who on “Such a system would also work the other way round. If an earth is going to make those judgments, when so many extremely wealthy claimant wished to force a newspaper publisher stories we read involve other people? It is never just that was a member of the regulatory body into litigation (in the one person; there are always other people involved in a hope that the financial risk would compel settlement), it would be open to the publisher to argue that having provided a recognised story. low cost arbitral route, that claimant, even if successful, should be deprived of costs, simply because there was another, reasonable 10 pm and cheap route to justice which could have been followed.” Then there is an easy-to-understand set of recommendations Simon Hughes: I do not want to elaborate—I want to at the back of the Lord Justice Leveson’s introduction sit down and let others get in—but let me give an on the process for damages. example. I refer my hon. Friend to Lord Justice Leveson’s inquiry—to the evidence he took and the commentary The really good thing is that, without anybody, including he made in his report. He made the case that people the Secretary of State, pretending that the drafting is who are associated with others can get swept into the perfect for all time, those of us who were involved in the press’s undermining or attacks entirely unjustifiably. discussions have sought to strike a balance: if a publisher The example given by one of our Friends was that of an is part of the system, the presumption—I use the word elderly mother who is nothing to do with the individual in a non-legalistic way—will be that it will not be concerned—she lives somewhere else, in another house—but subject to exemplary damages, but if it is outside the is pursued by the press, who go after her, knock on her system, the presumption will be that it could be subject door, go up her drive, sit outside her house and have to them. It is not quite that straightforward, but that cameras focused on it, drilling her with questions and was the general idea—and it was a good idea. It is an trying to get things out of her. We are talking about incentive-disincentive system, which was what everybody people who are totally ill-equipped and unprepared for was working towards, so I join others in calling on the that degree of exposure and who never asked for it. press to join up. If they do, there will be a system ready Obviously I am not seeking to stop the press if they for them to make. This is not a pre-made system. The knock on the door of my neighbour, the right hon. starting point is the existing code, but it will be up to the and learned Member for Camberwell and Peckham press to make the system work, and we all encourage (Ms Harman), the deputy leader of the Labour party, at them to do that. I am glad, then, that we have a platform her home in my borough or at my home. That is fine, from which to proceed. but it is not fine if they suddenly start pursuing all sorts I want to make three final points. First, I understand of other people and giving them grief. that further amendments might be necessary. The House I think we now understand much better what the of Lords has that opportunity, and the Liberal Democrat parameters are. We are hoping to protect the innocent team is certainly willing to collaborate with Conservative who have been the victims, not to make the press have a colleagues, Labour colleagues and colleagues from elsewhere more difficult job to do in pursuing proper inquiries to ensure that we get it right, if we need to make further, into people who are properly the subject of public interest. more technical amendments in the Lords. We have time to do it. Secondly, I join others in thanking Hacked Off, John McDonnell (Hayes and Harlington) (Lab): There which became the assembly of people speaking on are other victims of this whole process, some of whom behalf of victims. It was hard work at times, as all of us were revealed in the evidence to Leveson by the National who were in the negotiations know, but it had a justified Union of Journalists. They were the journalists who case. Its job was to remind us why we went down this stood up and said, “I refuse to implement some of these road and, rightfully, to hold our feet to the fire and strategies”—these tactics, manipulations or whatever ensure that we did not forget why we were doing this. It we want to call them—and as a result lost their jobs, is about the lives of people not in the public gaze. while others were victimised. The culture of bullying in Finally, we have referred to people—the McCanns, some newsrooms was exposed in the NUJ’s evidence. the Dowlers and others have been cited—who suddenly That is why part of the union’s policy was to advocate a find themselves unexpectedly in the public eye. The conscience clause. 723 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 724

I am grateful that, as my right hon. and learned Friend in Parliament are manuscript amendments typed—on the Member for Camberwell and Peckham (Ms Harman) important issues relating to exemplary damages, costs said, there is a “brush past” in schedule 2 to the charter, and the like. with the reference to Leveson’s recommendation that: “The industry generally and a regulatory body in particular Jacob Rees-Mogg: Is not the key to the matter the should consider requiring its members to include in the employment fact that this will be the law, and that it therefore or service contracts with journalists a clause to the effect that no constitutes statutory regulation of the press, with penalties disciplinary action would be taken against a journalist as a result and coercion if the press do not go along with it? of a refusal to act in a manner which is contrary to the code of practice.” That would add to the architecture of protection and Guy Opperman: I hesitate at any stage in my lift the standards of journalism in our country. That is parliamentary career to disagree on a matter either of why I welcome the important reference in schedule 2, parliamentary protocol or of statutory interpretation which my right hon. and learned Friend shared with us. with the éminence grise that is my hon. Friend the I regret the fact that it is a brush past, rather than Member for North East Somerset (Jacob Rees-Mogg). something more specific, but I understand the negotiations However, on this point I would disagree with him, that had to take place. We will need to return to this because although the charter has to be brought into issue in the coming months. As the board of recognition fruition through this House, it is clear that it is part of panel is established, the regulator then applies for the common law. Its ongoing interpretation will be a recognition. Consideration of whether the regulator common-law interpretation by a variety of High Court has taken the recommendations into account is critical. judges, who will spend a lot of time decoding, interpreting One of this House’s roles will be to explore whether full and attempting to fathom the provisions not only in the consideration has been given to the conscience clause. manuscript amendments but in the original proposals for the charter and the subsequent amendments that we When the idea of a conscience clause was introduced received overnight. So, on this particular point, I disagree into the debate by Leveson, there seemed to be cross-party with my hon. Friend. support for it. Certainly the Deputy Prime Minister made a statement in support and the Prime Minister I suggest that this is a pragmatic resolution of a said he would consider the matter. Since then, the NUJ difficult parliamentary dispute. It is an all-party solution has been invited to go off and negotiate a conscience that accepts the fundamental principle that the Press clause with individual employers. Unfortunately, that Complaints Commission was patently not fit for purpose has not been taken seriously by a number of the employers. and was clearly letting people down. As my hon. and Negotiations have not proceeded and so far a conscience learned Friend the Member for Harborough (Sir Edward clause has not been inserted into a single contract. This Garnier) made clear in his well thought-out and eloquent is therefore an important factor to be taken into account speech, the PCC was unable to handle the large disputes by the recognition panel, and the regulator needs to put of fact and law pertaining to the serious libels and it firmly on the agenda for the future. A conscience slanders that take place in the media. It was extremely clause would be an additional bulwark of support in good at dealing with the local press and with low establishing the point that we should not go through impact resolution-type cases such as those involving this cycle again and that there is a standard of journalism £10,000 payable for defamation, for example, but it that we do not expect any journalist, editor or publisher struggled desperately to cope with the large media to resile from. This will be beneficial in the long run. It organisations and the particularly malign and difficult will not impose onerous conditions on employers or cases that, sadly, had to go to court. publishers, and it should be welcomed as it will ensure a That brings me, in the limited time I have, to the issue level playing field and a high standard of journalism of costs. It fusses me tremendously that the position of right across the profession. an individual litigant in a case will not change that I am grateful for the reference in schedule 2 to Leveson’s much. The royal charter might introduce a free process, recommendation 47, but I believe that the House needs in the sense that there is no claim form, unlike in to pay close attention to the roll-out of the process to normal litigation, but it will be free to those who are ensure that it is considered by the regulator and that it successful, because they will have some form of protection. forms part of the considerations of the recognition The problem is that an individual litigant without means panel when the regulator is appointed. who lives in a suburban street in Hexham, for example, will still be unable to bring a course of action against a Guy Opperman: Our constituents want a press that large media organisation. Contrary to the best efforts of does not abuse the innocent, but that exposes the wrongdoer, those on both Front Benches, arbitration is still a complex, the charlatan and the fraudster. I pay tribute to the expensive and difficult process through which to navigate. work of Lord Justice Leveson, and to the people who It is also the case that while simple arbitration can and have given evidence. Anyone who has ever given evidence will be resolved on a relatively speedy basis, for the large or conducted legal proceedings will know that giving cases that so concern us—everything from the Dowlers evidence is a traumatic and upsetting process, and to downwards—arbitration will take months at the very give evidence to the Leveson inquiry was a brave thing least, if not years, and will cost money. to do. Credit must be given to the Prime Minister for That brings us back to the point of whether an setting up the inquiry, and to all the parties for reaching individual who is so maligned by the press will be in a some sort of agreement. However, it is a truism in legal position to bring a course of action against a newspaper circles and certainly in parliamentary circles that last-minute on the present basis of financial support. If that is law is normally bad law. It is a matter of concern that lacking to such an individual, I struggle to see that the provisions have been produced overnight and that, happening. The individual would have to go to organisations even today, we are receiving manuscript amendments—only such as the Free Representation unit or the Bar Pro 725 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 726

[Guy Opperman] who are far too close to, and have too much interest in, the press, the police and politicians. That is a worrying Bono unit. I suppose I should make a declaration not situation. only that I was involved with those organisations as a mediator, but that, statutorily speaking, I am still owed 10.15 pm money by the Government for the work I did on behalf We are not dealing with any of those problems, but of the Government over the past days. That is, however, we have a Bill which, as my hon. Friend the new a side matter. Member for Rotherham (Sarah Champion) tweeted Finally, speedy laws done at the last minute—despite today, was settled in a way that we should perhaps try to the massive efforts over many months by the Minister emulate in other contexts. Although we cling to the for Government Policy, my right hon. Friend the Member myth that we decide policy in the House by means of for West Dorset (Mr Letwin) and others—will always debate and persuasion, we know that most issues are need improvement. The improvement ability of this settled by means of deals behind closed doors. royal charter is exceptionally difficult and, as was explained I believe that the worst, the most egregious, objections earlier, is part of the problem of having a royal charter. to the Prime Minister’s proposals have been removed The difficulty is now passed to the House of Lords, from the Bill, and I find it generally satisfactory, but I which has a solitary day to consider all the provisions think that we must recall the dreadful acts of the in the charter, the amendments and the manuscript newspapers. For 23 years, the loved ones of those who amendments in circumstances in which, I suggest with were killed at Hillsborough had to face the foul accusations, respect, there cannot be reasoned debate or reasoned described by The Sun as the truth, that were made assessment. If we could address that particular problem, against their dead loved ones. We know that the agony things would improve massively. The reality in the end of the Dowlers and the McCanns, who had suffered the will be that High Court judges will assess the royal worst possible bereavement and disappearance, was added charter on a common-law basis and interpret it as best to by a cynical press who acted with great cruelty. they can—with all the ramifications that we would not We are dealing with part of the problem. This is a wish to see on an ongoing basis. relatively modest proposal, and it is probably the best that we can have in the circumstances. However, we Paul Flynn: I rise to challenge the hyperbole of the hope that the press will learn the lesson that the more Government Front-Bench team on this particular measure, hysterical and the more partial they become, fewer which will not be a great Act that will bring new liberty people will trust them. The trust of the country goes to to the country. It describes itself as a royal charter the organs of the press that are governed by a strict presumably in the hope that it will gain the respect that royal charter and which must have a balance politically, other royal charters have. One effective example is the and those are the broadcasters. one under which the BBC operates. At one time in my life, I had duties as a member of the Broadcasting Maria Miller: The right hon. and learned Member Council for Wales to decide on political balance in for Camberwell and Peckham (Ms Harman) spoke of broadcasts. Everything was decided on the basis of the importance of working together. One group of people ensuring that those broadcasters who had air time to whom we have not yet paid tribute is the amazing represented the views of the country—not easy when it team of officials at the Ministry of Justice, the Department came to deciding on Welsh language broadcasts where for Culture, Media and Sport, and the Cabinet Office. one party was predominantly represented by Welsh Those people have gone above and beyond the call of speakers. It had to be done, and we found a way of duty in all that they have done, and I salute them. dealing with the press that was effective and balanced. I entirely understand why my hon. Friend the Member No attempt could really be made to impose a political for Colchester (Sir Bob Russell) raised the issue of the balance on our national press, which was described by local press twice today. Leveson recognised that the local Aneurin Bevan as press were not the main cause of the problem, and the “the most prostituted in the world”. system that we propose allows them different and We see that that is still true if we look at today’s appropriate terms of membership so that they will not newspapers and examine the way in which the Daily Mail, pay more than they do at present. for example, devoted six days of front-page headlines, My hon. and learned Friend the Member for including in The Mail on Sunday, to one subject—to Harborough (Sir Edward Garnier) spoke of the importance attack the Liberal Democrats. Other things were happening of arbitration, but pointed out that it should not be in the world, but day after day we had this political tract expected to fix everything. Of course he is absolutely seeking to affect the results of a by-election. right. The provisions that we have drawn up will comply As my hon. Friend the Member for Linlithgow and with the Arbitration Act 1996, and the arbitrators will East Falkirk (Michael Connarty) said, we should look be appropriately qualified expert lawyers, as recommended at the proprietors as people who have immense power— by Leveson. power without responsibility—so that even elected Prime The hon. Member for Linlithgow and East Falkirk Ministers pay court to them. John Major, for example, (Michael Connarty) rightly raised the issue of Scotland. was threatened with having a bin dumped on his desk The charter is capable of applying to newspapers in by the editor of The Sun. Tony Blair flew to Australia to Scotland that wish to be recognised under the system, pay court to the empire of Murdoch. We know that my and I have had discussions about that with Scottish right hon. Friend the Member for Kirkcaldy and Ministers. Lord McCluskey has now reported, and we Cowdenbeath (Mr Brown) and the present Prime Minister wait to hear how his proposals will be dealt with. Like were in close relationships, socially, with editors, and we the hon. Gentleman, I hope that attention will be paid have been given a very unhealthy revelation about cabals to the views that have been expressed in the debate. 727 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 728

The hon. Member for Hayes and Harlington (John Benn, rh Hilary Cruddas, Jon McDonnell) raised the issue of a conscience clause, as Benton, Mr Joe Cryer, John he has done previously.I think it important for newspapers Benyon, Richard Cunningham, Alex and the journalists who work for them to abide by the Beresford, Sir Paul Cunningham, Mr Jim standards code of the industry self-regulator. I know Berger, Luciana Cunningham, Sir Tony that the hon. Gentleman has a long-standing interest in Berry, Jake Curran, Margaret Betts, Mr Clive Dakin, Nic that. I can tell him that Leveson said that it was an issue Bingham, Andrew Danczuk, Simon for the industry itself to consider, and not something Blackman, Bob Davey, rh Mr Edward that the recognition body should require. As my right Blackman-Woods, Roberta David, Wayne hon. Friend the Prime Minister himself said to the hon. Blackwood, Nicola Davidson, Mr Ian Gentleman in November, the press do not have to wait Blears, rh Hazel Davies, David T. C. for any further discussions or for the charter, but can Blenkinsop, Tom (Monmouth) start putting the system in place immediately. Blomfield, Paul Davies, Geraint A number of thoughtful contributions were made by Blunkett, rh Mr David Davies, Glyn learned colleagues, and of course we will pay great heed Blunt, Mr Crispin Denham, rh Mr John to the advice and thought contained in those. Although Boles, Nick Dinenage, Caroline Bottomley, Sir Peter Djanogly, Mr Jonathan the discussion of these provisions on the Floor of the Bradley, Karen Dobbin, Jim House may be somewhat brief, it clearly cannot be said Bradshaw, rh Mr Ben Dobson, rh Frank that these issues have not been given long consideration, Brady, Mr Graham Docherty, Thomas because they have been. More than a year of evidence Brake, rh Tom Dodds, rh Mr Nigel was given to Lord Justice Leveson as part of his inquiries Bray, Angie Donaldson, rh Mr Jeffrey M. and since his report was presented to the House last Brazier, Mr Julian Donohoe, Mr Brian H. November it has had some three months of consideration, Brennan, Kevin Dorrell, rh Mr Stephen on a cross-party basis and involving other groups, including Bridgen, Andrew Doughty, Stephen those representing people affected by the problems of Brine, Steve Doyle, Gemma the press. Brokenshire, James Doyle-Price, Jackie Brooke, Annette Dromey, Jack We have before us an important set of real incentives Brown, Lyn Duddridge, James that have real effect to make sure that we can move Brown, rh Mr Nicholas Dugher, Michael forward, with today as a turning point where we stop Brown, Mr Russell Duncan, rh Mr Alan talking about the theory of Leveson and start putting Bruce, Fiona Duncan Smith, rh Mr Iain the practice of Leveson out for everybody to benefit Bruce, rh Sir Malcolm Dunne, Mr Philip from it. The provisions are a crucial part of this new Buck, Ms Karen Durkan, Mark tough regulatory regime and I commend them whole- Burden, Richard Eagle, Ms Angela heartedly to the House. Burley, Mr Aidan Eagle, Maria Burnham, rh Andy Edwards, Jonathan 10.21 pm Burns, rh Mr Simon Efford, Clive Burrowes, Mr David Elliott, Julie Three hours having elapsed since the commencement of Burstow, rh Paul Ellis, Michael proceedings on the programme motion, the debate was Burt, Lorely Ellison, Jane interrupted (Programme Order this day.) Byles, Dan Ellman, Mrs Louise The Speaker put forthwith the Question already proposed Byrne, rh Mr Liam Ellwood, Mr Tobias from the Chair (Standing Order No. 83E), That the Cable, rh Vince Elphicke, Charlie clause be read a Second time. Cairns, Alun Esterson, Bill Campbell, Mr Alan Eustice, George The House proceeded to a Division. Campbell, Mr Gregory Evans, Chris Campbell, rh Sir Menzies Evans, Graham Mr Speaker: I ask the Serjeant at Arms to investigate Carmichael, rh Mr Alistair Evans, Jonathan the delay in the Aye Lobby. Carmichael, Neil Fabricant, Michael Cash, Mr William Fallon, rh Michael The House having divided: Ayes 530, Noes 13. Champion, Sarah Farron, Tim Division No. 192] [10.21 pm Chapman, Jenny Featherstone, Lynne Chishti, Rehman Field, rh Mr Frank AYES Clappison, Mr James Field, Mark Abbott, Ms Diane Bain, Mr William Clark, rh Greg Flello, Robert Abrahams, Debbie Baker, Norman Clark, Katy Flint, rh Caroline Adams, Nigel Baker, Steve Clifton-Brown, Geoffrey Flynn, Paul Afriyie, Adam Baldry, Sir Tony Coffey, Ann Foster, rh Mr Don Ainsworth, rh Mr Bob Baldwin, Harriett Coffey, Dr Thérèse Fox,rhDrLiam Aldous, Peter Banks, Gordon Collins, Damian Francis, Dr Hywel Alexander, rh Danny Barclay, Stephen Colvile, Oliver Francois, rh Mr Mark Alexander, rh Mr Douglas Barker, rh Gregory Connarty, Michael Freeman, George Alexander, Heidi Baron, Mr John Cooper, Rosie Freer, Mike Ali, Rushanara Barwell, Gavin Cooper, rh Yvette Fullbrook, Lorraine Anderson, Mr David Bayley, Hugh Corbyn, Jeremy Fuller, Richard Andrew, Stuart Bebb, Guto Cox, Mr Geoffrey Gale, Sir Roger Arbuthnot, rh Mr James Beckett, rh Margaret Crabb, Stephen Gapes, Mike Ashworth, Jonathan Begg, Dame Anne Crausby, Mr David Gardiner, Barry Austin, Ian Beith, rh Sir Alan Creagh, Mary Garnier, Sir Edward Bailey, Mr Adrian Bellingham, Mr Henry Creasy, Stella Gauke, Mr David 729 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 730

George, Andrew Howell, John McCartney, Jason Penrose, John Gibb, Mr Nick Hughes, rh Simon McCartney, Karl Perkins, Toby Gilbert, Stephen Hunt, rh Mr Jeremy McClymont, Gregg Perry, Claire Gillan, rh Mrs Cheryl Hunt, Tristram McCrea, Dr William Phillips, Stephen Gilmore, Sheila Huppert, Dr Julian McDonald, Andy Phillipson, Bridget Glass, Pat Hurd, Mr Nick McDonnell, John Pickles, rh Mr Eric Glen, John Irranca-Davies, Huw McFadden, rh Mr Pat Pincher, Christopher Glindon, Mrs Mary Jackson, Glenda McGovern, Alison Poulter, Dr Daniel Godsiff, Mr Roger Jackson, Mr Stewart McGovern, Jim Pound, Stephen Goggins, rh Paul James, Margot McGuire, rh Mrs Anne Prisk, Mr Mark Goodman, Helen James, Mrs Siân C. McIntosh, Miss Anne Pritchard, Mark Goodwill, Mr Robert Jamieson, Cathy McKechin, Ann Pugh, John Gove, rh Michael Jarvis, Dan McKenzie, Mr Iain Qureshi, Yasmin Graham, Richard Javid, Sajid McKinnell, Catherine Raab, Mr Dominic Grant, Mrs Helen Jenkin, Mr Bernard McLoughlin, rh Mr Patrick Randall, rh Mr John Gray, Mr James Johnson, rh Alan McPartland, Stephen Raynsford, rh Mr Nick Grayling, rh Chris Johnson, Diana McVey, Esther Reed, Mr Jamie Greatrex, Tom Johnson, Gareth Meacher, rh Mr Michael Reevell, Simon Green, rh Damian Johnson, Joseph Meale, Sir Alan Reid, Mr Alan Green, Kate Jones, Andrew Mearns, Ian Reynolds, Emma Greening, rh Justine Jones, Graham Menzies, Mark Riordan, Mrs Linda Greenwood, Lilian Jones, Mr Kevan Metcalfe, Stephen Ritchie, Ms Margaret Grieve, rh Mr Dominic Jones, Susan Elan Miller, Andrew Robathan, rh Mr Andrew Griffith, Nia Jowell, rh Dame Tessa Miller, rh Maria Robertson, rh Hugh Griffiths, Andrew Kawczynski, Daniel Mills, Nigel Robertson, Mr Laurence Gummer, Ben Kelly, Chris Milton, Anne Rogerson, Dan Gwynne, Andrew Kendall, Liz Mitchell, Austin Rosindell, Andrew Gyimah, Mr Sam Kirby, Simon Moon, Mrs Madeleine Rotheram, Steve Hain, rh Mr Peter Knight, rh Mr Greg Moore, rh Michael Roy, Mr Frank Halfon, Robert Kwarteng, Kwasi Mordaunt, Penny Roy, Lindsay Hames, Duncan Laing, Mrs Eleanor Morden, Jessica Ruane, Chris Hamilton, Mr David Lamb, Norman Morgan, Nicky Rudd, Amber Hamilton, Fabian Lammy, rh Mr David Morrice, Graeme (Livingston) Ruffley, Mr David Hammond, rh Mr Philip Lancaster, Mark Morris, Anne Marie Russell, Sir Bob Hammond, Stephen Lansley, rh Mr Andrew Morris, David Rutley, David Hancock, Matthew Latham, Pauline Morris, Grahame M. Sanders, Mr Adrian Hands, Greg Lavery, Ian (Easington) Sandys, Laura Hanson, rh Mr David Laws, rh Mr David Morris, James Sarwar, Anas Harman, rh Ms Harriet Lazarowicz, Mark Mosley, Stephen Sawford, Andy Harper, Mr Mark Leadsom, Andrea Mowat, David Scott, Mr Lee Harris, Rebecca Lee, Jessica Mudie, Mr George Seabeck, Alison Harris, Mr Tom Lee, Dr Phillip Mulholland, Greg Selous, Andrew Hart, Simon Leech, Mr John Mundell, rh David Shannon, Jim Harvey, Sir Nick Lefroy, Jeremy Munn, Meg Shapps, rh Grant Havard, Mr Dai Leslie, Charlotte Munt, Tessa Sharma, Alok Hayes, Mr John Leslie, Chris Murphy, rh Mr Jim Sharma, Mr Virendra Heald, Oliver Letwin, rh Mr Oliver Murphy, rh Paul Shelbrooke, Alec Healey, rh John Lewis, Brandon Murray, Ian Sheridan, Jim Heath, Mr David Lewis, Mr Ivan Murray, Sheryll Shuker, Gavin Heaton-Harris, Chris Lewis, Dr Julian Murrison, Dr Andrew Simmonds, Mark Hemming, John Liddell-Grainger, Mr Ian Nandy, Lisa Simpson, David Henderson, Gordon Lidington, rh Mr David Nash, Pamela Simpson, Mr Keith Hendrick, Mark Lilley, rh Mr Peter Neill, Robert Skidmore, Chris Hendry, Charles Lloyd, Stephen Newmark, Mr Brooks Skinner, Mr Dennis Hepburn, Mr Stephen Llwyd, rh Mr Elfyn Newton, Sarah Smith, rh Mr Andrew Herbert, rh Nick Lord, Jonathan Nokes, Caroline Smith, Angela Hermon, Lady Loughton, Tim Norman, Jesse Smith, Miss Chloe Hillier, Meg Love, Mr Andrew Nuttall, Mr David Smith, Henry Hilling, Julie Lucas, Caroline O’Brien, Mr Stephen Smith, Julian Hinds, Damian Lucas, Ian O’Donnell, Fiona Smith, Nick Hoban, Mr Mark Luff, Peter Offord, Dr Matthew Smith, Owen Hodge, rh Margaret Lumley, Karen Ollerenshaw, Eric Smith, Sir Robert Hodgson, Mrs Sharon Macleod, Mary Onwurah, Chi Soames, rh Nicholas Hollingbery, George Mactaggart, Fiona Opperman, Guy Soubry, Anna Hollobone, Mr Philip Mahmood, Shabana Osborne, Sandra Spellar, rh Mr John Holloway, Mr Adam Marsden, Mr Gordon Ottaway, Richard Spelman, rh Mrs Caroline Hood, Mr Jim Maude, rh Mr Francis Paice, rh Sir James Spencer, Mr Mark Hopkins, Kelvin May, rh Mrs Theresa Parish, Neil Stephenson, Andrew Hopkins, Kris Maynard, Paul Patel, Priti Stewart, Bob Horwood, Martin McCabe, Steve Pawsey, Mark Stewart, Iain Howarth, rh Mr George McCann, Mr Michael Pearce, Teresa Stewart, Rory Howarth, Sir Gerald McCarthy, Kerry Penning, Mike Straw, rh Mr Jack 731 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 732

Streeter, Mr Gary Ward, Mr David (b) if such membership was available, the reasons for the Stride, Mel Watkinson, Dame Angela defendant not being a member; Stringer, Graham Watts, Mr Dave (c) so far as relevant in the case of the conduct complained Stuart, Ms Gisela Webb, Steve of, whether internal compliance procedures of a Stunell, rh Andrew Weir, Mr Mike satisfactory nature were in place and, if so, the extent Sturdy, Julian Wharton, James to which they were adhered to in that case. Sutcliffe, Mr Gerry Wheeler, Heather (4) The reference in subsection (3)(c) to “internal compliance Swales, Ian White, Chris procedures” being in place is a reference to any procedures put in Swayne, rh Mr Desmond Whiteford, Dr Eilidh place by the defendant for the purpose of ensuring that— Swinson, Jo Whitehead, Dr Alan (a) material is not obtained by or on behalf of the defendant Swire, rh Mr Hugo Whittaker, Craig in an inappropriate way, and Syms, Mr Robert Whittingdale, Mr John (b) material is not published by the defendant in inappropriate Tami, Mark Wiggin, Bill circumstances. Teather, Sarah Willetts, rh Mr David Thomas, Mr Gareth Williams, Hywel (5) The court may regard deterring the defendant and others from similar conduct as an object of punishment. Thornberry, Emily Williams, Mr Mark Thornton, Mike Williams, Roger (6) This section is not to be read as limiting the power of the Thurso, John Williams, Stephen court to take account of any other matters it considers relevant Timms, rh Stephen Williamson, Chris to its decision.’.—(Maria Miller.) Timpson, Mr Edward Williamson, Gavin Brought up, and added to the Bill. Tomlinson, Justin Wilson, Phil Tredinnick, David Wilson, Mr Rob New Clause 23 Trickett, Jon Winnick, Mr David Truss, Elizabeth Winterton, rh Ms Rosie AMOUNT OF EXEMPLARY DAMAGES Twigg, Derek Wishart, Pete ‘(1) This section applies where the court decides to award Twigg, Stephen Wood, Mike exemplary damages under section [Awards of exemplary damages]. Tyrie, Mr Andrew Wright, David (2) The court must have regard to these principles in determining Umunna, Mr Chuka Wright, Mr Iain Uppal, Paul the amount of exemplary damages— Wright, Jeremy (a) the amount must not be more than the minimum Vaizey, Mr Edward Yeo, Mr Tim Vara, Mr Shailesh needed to punish the defendant for the conduct Young, rh Sir George Vaz, Valerie complained of; Zahawi, Nadhim Walker, Mr Robin (b) the amount must be proportionate to the seriousness Wallace, Mr Ben Tellers for the Ayes: of the conduct. Walley, Joan Mr David Evennett and (3) The court must take account of these matters in determining Walter, Mr Robert Mark Hunter the amount of exemplary damages— (a) the nature and extent of any loss or harm caused, or NOES intended to be caused, by the defendant’s conduct; (b) the nature and extent of any benefit the defendant Bacon, Mr Richard Redwood, rh Mr John derived or intended to derive from such conduct. Chope, Mr Christopher Turner, Mr Andrew (4) The court may regard deterring the defendant and others Crouch, Tracey Vickers, Martin from similar conduct as an object of punishment. Davies, Philip Walker, Mr Charles de Bois, Nick Wollaston, Dr Sarah (5) This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant Mills, Nigel Tellers for the Noes: to its decision.’.—(Maria Miller.) Percy, Andrew Jacob Rees-Mogg and Reckless, Mark Richard Drax Brought up, and added to the Bill.

Question accordingly agreed to. New Clause 24

New clause 21A read a Second time, and added to the MULTIPLE CLAIMANTS Bill. ‘(1) This section applies where a relevant publisher— The Speaker then put forthwith the Question necessary (a) is a defendant to a relevant claim, and for the disposal of the business to be concluded at that (b) is found liable to two or more persons in respect of the time (Standing Order No. 83E). claim (“the persons affected”). (2) In deciding whether to award exemplary damages under New Clause 22 section [Awards of exemplary damages] or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or RELEVANT CONSIDERATIONS compromise by any persons of a claim in respect of the conduct. ‘(1) This section applies where the court is deciding whether (3) But the court may take account of any such settlement or the circumstances of the case make it appropriate for exemplary compromise only if the defendant agrees. damages to be awarded under section [Awards of exemplary (4) If the court awards exemplary damages under section damages]. [Awards of exemplary damages] to two or more of the persons (2) The court must have regard to the principle that exemplary affected, the total amount awarded must be such that it does not damages must not usually be awarded if, at any time before the punish the defendant excessively. decision comes to be made, the defendant has been convicted of (5) If the court awards exemplary damages under section an offence involving the conduct complained of. [Awards of exemplary damages] to one or more of the persons (3) The court must take account of the following— affected, no later claim may be made for exemplary damages as (a) whether membership of an approved regulator was regards the conduct.’.—(Maria Miller.) available to the defendant at the material time; Brought up, and added to the Bill. 733 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 734

New Clause 25 (b) it is just and equitable in all the circumstances of the case to make a different award of costs or make no MULTIPLE DEFENDANTS award of costs. ‘(1) Any liability of two or more persons for exemplary (4) For the purposes of subsections (2) and (3), a claim could damages awarded under section [Awards of exemplary damages] have been resolved by using an arbitration scheme of an approved is several (and not joint or joint and several). regulator if, at the time when the claim was commenced, the approved regulator had arrangements in place for an arbitration (2) Subsection (1) has effect subject to the law relating to the scheme under which the claim could have been referred for liability of a partner for the conduct of another partner. determination by an arbitrator appointed under the scheme. (3) Where the liability of two or more persons for exemplary (5) The Secretary of State must take steps to put in place damages is several, no contribution in respect of the damages arrangements for protecting the position in costs of parties to may be recovered by any of them under section 1 of the Civil relevant claims who have entered into agreements under Liability (Contribution) Act 1978.’.—(Maria Miller.) section 58 of the Courts and Legal Services Act 1990. Brought up, and added to the Bill. (6) This section is not to be read as limiting any power to make rules of court. New Clause 26 (7) This section does not apply until such time as a body is first recognised as an approved regulator.’..—(Maria Miller.) AWARDS OF AGGRAVATED DAMAGES Brought up, and added to the Bill. ‘(1) This section applies where— (a) a relevant claim is made against a person (“the defendant”), New Clause 29 (b) the defendant was a relevant publisher at the material time, MEANING OF “RELEVANT PUBLISHER” (c) the claim is related to the publication of news-related ‘(1) In sections [Awards of exemplary damages] to [Awards of material, and costs], “relevant publisher” means a person who, in the course (d) the defendant is found liable in respect of the claim. of a business (whether or not carried on with a view to profit), publishes news-related material— (2) Aggravated damages may be awarded against the defendant (a) which is written by different authors, and only to compensate for mental distress and not for purposes of punishment. (b) which is to any extent subject to editorial control. (3) In this section, “aggravated damages” means damages that This is subject to subsections (5) and (6). were commonly called aggravated before the passing of this Act (2) News-related material is “subject to editorial control” if and which— there is a person (whether or not the publisher of the material) (a) are awarded against a person in respect of the person’s who has editorial or equivalent responsibility for— motive or exceptional conduct, but (a) the content of the material, (b) are not exemplary damages or restitutionary damages. (b) how the material is to be presented, and (4) Nothing in this section is to be read as implying that, in (c) the decision to publish it. cases where this section does not apply, aggravated damages may (3) A person who is the operator of a website is not to be taken be awarded for purposes of punishment.’.—(Maria Miller.) as having editorial or equivalent responsibility for the decision to Brought up, and added to the Bill. publish any material on the site, or for content of the material, if the person did not post the material on the site. New Clause 27A (4) The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3). AWARDS OF COSTS (5) A person is not a “relevant publisher” if the person is ‘(1) This section applies where— specified by name in Schedule [Exclusions from definition of (a) a relevant claim is made against a person (“the defendant”), “relevant publisher”]. (b) the defendant was a relevant publisher at the material (6) A person is not a “relevant publisher” in so far as the time, and person’s publication of news-related material is in a capacity or (c) the claim is related to the publication of news-related case of a description specified in Schedule [Exclusions from material. definition of “relevant publisher”].’.—(Maria Miller.) (2) If the defendant was a member of an approved regulator at Brought up, and added to the Bill. the time when the claim was commenced (or was unable to be a member at that time for reasons beyond the defendant’s control or it would have been unreasonable in the circumstances for the New Clause 30 defendant to have been a member at that time), the court must not award costs against the defendant unless satisfied that— OTHER INTERPRETATIVE PROVISIONS (a) the issues raised by the claim could have been resolved ‘(1) This section applies for the purposes of sections [Awards by using an arbitration scheme of the approved of exemplary damages] to [Meaning of “relevant publisher”]. regulator, or (b) it is just and equitable in all the circumstances of the (2) “Approved regulator” means a body recognised as a case to award costs against the defendant. regulator of relevant publishers. (3) If the defendant was not a member of an approved (3) For the purposes of subsection (2), a body is “recognised” regulator at the time when the claim was commenced (but would as a regulator of relevant publishers if it is so recognised by any have been able to be a member at that time and it would have body established by Royal Charter (whether established before or been reasonable in the circumstances for the defendant to have after the coming into force of this section) with the purpose of been a member at that time), the court must award costs against carrying on activities relating to the recognition of independent the defendant unless satisfied that— regulators of relevant publishers. (a) the issues raised by the claim could not have been (4) “Relevant claim” means a civil claim made in respect of resolved by using an arbitration scheme of the approved any of the following— regulator (had the defendant been a member), or (a) libel; 735 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 736

(b) slander; (2) “Public body” means a person or body whose functions are (c) breach of confidence; of a public nature. (d) misuse of private information; Company news publications etc (e) malicious falsehood; 7 A person who publishes a newsletter, circular or other document (f) harassment. which— (5) For the purposes of subsection (4)— (a) relates to a business carried on by the person, and (a) the reference to a claim made in respect of the misuse (b) only contains news-related material on an incidental of private information does not include a reference to basis that is relevant to the person’s business. a claim made by virtue of section 13 of the Data Book publishers Protection Act 1998 (damage or distress suffered as a 8 (1) A person who is the publisher of a book. result of a contravention of a requirement of that Act); (2) “Book” does not include any title published on a periodic basis with substantially different content.’.—(Maria Miller.) (b) the reference to a claim made in respect of harassment is a reference to a claim made under the Protection Brought up, and added to the Bill. from Harassment Act 1997. (6) The “material time”, in relation to a relevant claim, is the New Clause 15 time of the events giving rise to the claim. (7) “News-related material” means— RESTRAINT ORDERS AND LEGAL AID (a) news or information about current affairs, ‘(1) Section 41 of the Proceeds of Crime Act 2002 (confiscation (b) opinion about matters relating to the news or current in England and Wales: restraint orders) is amended in accordance affairs, or with subsections (2) to (6). (c) gossip about celebrities, other public figures or other (2) After subsection (2) insert— persons in the news. “(2A) A restraint order must be made subject to an exception (8) A relevant claim is related to the publication of enabling relevant legal aid payments to be made (a legal aid news-related material if the claim results from— exception). (a) the publication of news-related material, or (2B) A relevant legal aid payment is a payment that the (b) activities carried on in connection with the publication specified person is obliged to make— of such material (whether or not the material is in (a) by regulations under section 23 or 24 of the Legal Aid, fact published). Sentencing and Punishment of Offenders Act 2012, (9) A reference to the “publication” of material is a reference and to publication— (b) in connection with services provided in relation to an (a) on a website, offence which falls within subsection (5), (b) in hard copy, or whether the obligation to make the payment arises before or (c) by any other means; after the restraint order is made.” and references to a person who “publishes” material are to be (3) In subsection (3)— read accordingly. (a) after “subject to” insert “other”, and (10) A reference to “conduct” includes a reference to omissions; (b) omit paragraph (c). and a reference to a person’s conduct includes a reference to a (4) In subsection (4), for “But an exception to a restraint person’s conduct after the events giving rise to the claim order” substitute “But where an exception to a restraint order is concerned.’.—(Maria Miller.) made under subsection (3), it”. Brought up, and added to the Bill. (5) After subsection (5) insert— “(5A) A legal aid exception— New Schedule 5 (a) must be made subject to prescribed restrictions (if any) on— (i) the circumstances in which payments may be made ‘EXCLUSIONS FROM DEFINITION OF “RELEVANT in reliance on the exception, or PUBLISHER” (ii) the amount of the payments that may be made in Broadcasters reliance on the exception, 1 The British Broadcasting Corporation. (b) must be made subject to other prescribed conditions (if 2 Sianel Pedwar Cymru. any), and 3 The holder of a licence under the Broadcasting Act 1990 or (c) may be made subject to other conditions. 1996 who publishes news-related material in connection with the (5B) Any other exception to a restraint order may be made broadcasting activities authorised under the licence. subject to conditions.” Special interest titles (6) After subsection (9) insert— 4 A person who publishes a title that— “(10) In this section “prescribed” means prescribed by (a) relates to a particular pastime, hobby, trade, business, regulations made by the Secretary of State.” industry or profession, and (7) In section 459 of that Act (orders and regulations)— (b) only contains news-related material on an incidental (a) in subsection (4)(a), after “section” insert “41(5A),”, basis that is relevant to the main content of the title. and Scientific or academic journals (b) in subsection (6)(a), after “section” insert “41(5A),”.’.— 5 A person who publishes a scientific or academic journal that (Damian Green.) only contains news-related material on an incidental basis that is Brought up, and read the First time. relevant to the scientific or academic content. Public bodies and charities The Minister for Policing and Criminal Justice (Damian 6 (1) A public body or charity that publishes news-related Green): I beg to move, That the clause be read a Second material in connection with the carrying out of its functions. time. 737 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 738

Mr Speaker: With this it will be convenient to discuss (d) before allocating time for trials the court must take the following: into account the impact of delays on very vulnerable Government new clause 16—Restraint orders and legal witnesses; and aid: supplementary. (e) the services of independent sexual violence advisors must be offered to very vulnerable witnesses in cases Amendment 1, in clause 24, page 21, line 22, at end involving sexual offences. insert— (5) The Secretary of State must issue a code of practice giving ‘(6A) In fixing such an amount, and subsequent additions, guidance about court arrangements for very vulnerable account must be taken of the person’s relevant weekly income, witnesses, which must be published, and may be revised from excluding housing benefit and child related benefits, and time to time. allowance must be made for the protection of a reasonable financial subsistence level, in the manner used to determine the (6) Before issuing or revising a code under subsection (3), the initial fine.’. Secretary of State must lay a copy before each House of Amendment 103, page 21, line 25, leave out subsection (2). Parliament for approval within a 40 day period. Amendment 96, page 22, line 3, at end insert— (7) For the purposes of this section— ‘(5A) The Lord Chancellor must, by regulation, in statutory “very vulnerable witness” includes the victim in a case instrument of which a draft has been laid before and approved by of child sexual abuse. resolution of each House of Parliament, provide the amount of “independent sexual violence advisers” are victims- any costs for services carried out for the purposes of collecting focused advocates who work with victims of sums.’. recent and historic serious sexual crimes to enable Amendment 97, in clause 25, page 23, line 11, leave them to access the services they need in the out ‘person’ and insert ‘civil servant’. aftermath of the abuse they have experienced.’. Amendment 98, page 24, line 1, leave out paragraph (3). Government amendment 119. New clause 12—Provision of intermediaries for very vulnerable witnesses— Damian Green: Given the time pressure on our consideration of this large and disparate group, I propose ‘(1) The Secretary of State must provide for intermediaries to be assigned to very vulnerable witnesses in all court cases. to speak to the Government amendments—new clauses 15 and 16 and amendment 119—which relate to legal aid, (2) In the Youth Justice and Criminal Evidence Act 1999, after section 29 there is inserted: and then, if possible, respond to the other amendments once I have had an opportunity to hear the arguments “29A Intermediaries for very vulnerable witnesses put forward by their sponsors. I hope that will provide a (1) A special measures direction must be made to provide for proper balance between Front-Bench and Back-Bench any examination of a very vulnerable witness (however and wherever conducted to be conducted through an interpreter or contributions to the debate. other person approved by the court for the purposes of this Access to legal aid is a fundamental part of our legal section (“an intermediary”). system. However, difficult decisions relating to how the (2) In addition to the functions set out in subsection 29(2), an legal aid budget should be spent are made every day. We intermediary must be assigned to very a vulnerable witness must remember that legal aid is not free and that we through their whole experience before, during and after court. do not have unlimited resources. As such, we need to (3) For the purposes of this section, “very vulnerable witness” ensure that the limited funds are used effectively and has the same meaning as defined in section [Court arrangements directed to those who really need them. for very vulnerable witnesses] (5) of the Crime and Courts Act 2013.”.’. At present, the Proceeds of Crime Act 2002 prevents New clause 14—Court arrangements for very vulnerable restrained funds being released to a defendant for legal witnesses— expenses in relation to the offences to which the restraint ‘(1) The Secretary of State must make arrangements for order relates. Before the 2002 Act, there was a risk that specialist courts for very vulnerable witnesses. individuals might recklessly dissipate assets through (2) A specialist court for very vulnerable witnesses will consist lavish spending on their defence in order to try to secure of a partnership programme within the criminal court structure. an acquittal at any cost. In 2002, the then Government (3) In establishing the specialist court, the Secretary of State decided that it was better to allow access to legal aid must involve the following partners— than to allow a defendant to draw down restrained (a) the judiciary; funds to pay for their defence. However, that has led to (b) court officials; a public perception that rich offenders with significant (c) the Crown Prosecution Service; restrained assets are receiving vast sums of legal aid (d) police forces; when they could afford to make a contribution to their (e) witness support services; defence. For example, over the past three years more than (f) victim support services; and £14.3 million in legal aid was paid to just 49 high-profile (g) any other specialist services that the Secretary of State individuals. Let us not forget that we are talking about deems appropriate. individuals suspected of involvement in serious and organised crime, including drug smuggling and large-scale (4) In cases where there is a very vulnerable witness— fraud, the victims of which are all too often numerous. (a) no judge can sit on the case unless he has taken part in [Interruption.] appropriate training provided by the Judicial College; (b) a single court usher, who has taken part in appropriate Mr Speaker: Order. I apologise for interrupting the training provided by Her Majesty’s Courts and Tribunal Service, must be assigned to the witness Minister. May I gently say to the House that a number throughout their time at court; of Back Benchers on both sides have new clauses or (c) the case will be assigned to a court with all necessary amendments to which they wish to speak, and there is facilities to offer the full range of special measures set such a hubbub that it is quite difficult to hear properly out in sections (23) to (30) of the Youth Justice and what the Minister is saying? Let us please have a bit of Criminal Evidence Act 1999; order, in everybody’s interests. 739 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 740

Damian Green: Since the introduction of the 2002 New clause 14 would provide for a wider array of Act, a system of means-testing for legal aid has been improvements to court arrangements, making provision introduced for all Crown court defendants. Those who for a specialist court to handle cases involving a very can afford to pay some, or all, of their legal aid costs are vulnerable witness. The provisions include training for required to do so. Although anyone charged with a judges; assigning to the witness a single, consistent and criminal offence and facing imprisonment or loss of familiar court usher; and taking into account the effect livelihood is entitled to legal aid, I think that the whole of time delays on the witness. It is difficult to overstate House would agree that if the defendant can pay some, the importance of having such sensitive measures in or all, of their legal bill, they should do so. After all, as place. It is our duty to ensure that a trial is as accessible we ask people on modest incomes to pay something and bearable for a victim as it could possibly be. We will towards their defence costs, it is only fair and reasonable support new clauses 12 and 14 should they be put to a that we ask millionaires to do so. As such, new clause 15 vote. amends section 41 of the 2002 Act to allow payment of I should also like to speak in support of amendment 1. a contribution towards, and up to the full amount of, I commend my right hon. Friends the Members for their publicly funded legal aid costs. Torfaen (Paul Murphy) and for Wythenshawe and Sale The detailed mechanisms of how that will operate in East (Paul Goggins) for bringing these matters before practice will be set out in legal aid regulations made by the House and I thank Lord Touhig for raising it earlier the Lord Chancellor and, as provided for in new clause 16, in another place. The amendment would make no change regulations made by the Home Secretary, the latter to the premise of the Government’s proposals on liability being subject to the affirmative procedure. Both sets of for enforcement costs, nor would it introduce any new regulations will be developed taking into account the premise into the law. It would simply replicate a system potential impact on returning money to victims and of basic means-testing that is already in use and that assets that are used to incentivise further asset recovery the Government already accept as a reasonable and work. proportionate method for setting fines. It is right that We can already freeze criminals’ assets to make it an offender feels the financial hardship of their given easier to recover ill-gotten gains and compensate victims, fine and that they are expected to pay on time. The but that often leaves the state picking up their legal bill, means-testing system is in place as a low-level safety net even if the offender has plenty of money to pay that as to ensure that penalties imposed do not jeopardise a well. I am sure that the whole House would agree that basic level of subsistence for vulnerable debtors. The our aim should be to increase the overall amount of amendment would extend this safeguard, which is already money taken from criminals. As I have said, the full subscribed to in law, to the stage where the Government details of the scheme will be set out in secondary have added the costs of recovery into the final system. legislation that will be subject to debate and approval in I commend it to the House. both Houses. Nicola Blackwood (Oxford West and Abingdon) (Con): 10.45 pm I rise to speak to new clause 14, which stands in my Jenny Chapman (Darlington) (Lab): We support new name, supported by the hon. Member for Stockport clauses 15 and 16 and we welcome their inclusion in the (Ann Coffey) and many colleagues. I also express my Bill, although the Government have dragged their heels support for new clause 12. on this matter, which should more appropriately have New clause 14 is designed to introduce specialist been dealt with in the Legal Aid, Sentencing and courts for very vulnerable victims. It is no secret that I Punishment of Offenders Act 2012. have been deeply affected by a child sexual exploitation I am pleased to have the opportunity, alongside case in my constituency, but in addition the Home colleagues, to speak in favour of new clauses 12 and 14 Affairs Committee inquiry has been hearing about the on support for vulnerable witnesses. It is welcome to see realities of child sexual exploitation across the country. such important proposals brought forward with support I am repeatedly told that these girls do not appear to be from Members in all parts of the House. In particular, victims—that they are just bad girls making bad choices I pay tribute to my hon. Friend the Member for Stockport and voting with their feet. The process of grooming (Ann Coffey) and the hon. Member for Oxford West makes them believe they are complicit in their abuse. and Abingdon (Nicola Blackwood) for their work on Even if they manage to get away, heartbreakingly they this. The new clauses would provide for a number of too often go back to their abusers, feeling that that is positive support mechanisms for very vulnerable witnesses their best option. They simply see no way out. But there such as a victim in a case of sexual abuse of a child. are ways out. There is now more support available for These are exceptionally distressing cases, and court victims of sexual abuse, conviction rates are on the up, proceedings are complex and stressful even for the most and prosecutions in Rochdale and Keighley and excellent able adult. Justice is done when, and only when, victims work in Lancashire show that we are getting our act feel able to come forward and report abuse and to cope together. with court proceedings. That is not, however, always the case and it is certainly New clause 12 deals specifically with registered not the perception. Keir Starmer made it clear just days intermediaries and calls for the provision of that support ago that traditional tests by the Crown Prosecution to every child who is in court as a victim of sexual Service to evaluate witnesses have the potential to leave abuse. An intermediary offers support to a vulnerable this category of vulnerable witnesses unprotected. He witness in communicating comfortably with the court used the example of the Rochdale witnesses, stating throughout the trial. They are also able to assess the that if they were tested victim and advise the court on how best to meet their “solely by asking questions such as whether they reported their needs and provide effective but manageable questioning. abuse swiftly, whether they returned to the perpetrators, whether 741 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 742

[Nicola Blackwood] Paul Murphy (Torfaen) (Lab): I rise fleetingly to speak in support of my amendment 1, which relates they had ever told untruths in the past, and whether their accounts to the payment of fines. It was moved in the other place were unaffected by drink or drugs, the answers would almost by my noble friend Lord Touhig and its purpose is to always result in a decision not to prosecute.” introduced safeguards to ensure that the new financial Last year ChildLine received more than 15,000 calls penalties imposed on people who make late or incomplete relating to child sexual abuse, yet the National Society fine payments do not plunge them into poverty when for the Prevention of Cruelty to Children thinks that they have to pay that second fine. In no way is it a more than 60% of child sexual abuse goes unreported, wrecking amendment, but the new system should not which is unsurprising when witnesses are being told that jeopardise housing security, the well-being of children they are not credible owing to the very behaviours that or basic household outgoings. arise from their abuse. I am delighted that the Director The magistrates court sentencing guidelines say that of Public Prosecutions has made it clear that he intends fines should have to act on this, but it will only be effective if it is fully “an equal impact on offenders with different financial circumstances. supported by the whole system. . .but should not force the offender below a reasonable ‘subsistence’ Victims, charities, senior police officers and lawyers level.” all confirm that a barrier to victims coming forward is I do not want people to be forced to go to payday not only the fear of not being believed, but a potentially lenders—I do not believe that that is necessary—and I traumatic court process. A lot has been done, including hope that the companies that the Government propose the introduction of special measures, but certain very to engage in this matter take these things into account. vulnerable witnesses face higher credibility barriers and Above all else, we have to understand that the reason questioning on much more distressing evidence and are why some people do not always pay fines is not that inclined to react negatively or aggressively to intimidating they are persistent non-payers, but for other very important situations. These witnesses respond differently and reasons, such as debt, a family crisis or illness. unpredictably in court situations and it is for these I hope that in the seconds available to the Minister, he victims that new clause 14 is designed. will accept my argument and avoid a vote later this Much of this cannot be avoided in an adversarial evening. system and I will be the first to defend the principle of innocent until proven guilty, but if a witness is deeply Tim Loughton (East Worthing and Shoreham) (Con): vulnerable because of previous abuse and therefore I rise briefly in support of new clauses 12 and 14, which unable to give clear evidence, understand the questions were put forward so ably by my hon. Friend the Member asked or remember events, that undermines the quality for Oxford West and Abingdon (Nicola Blackwood) of justice served and is not in the interests of the witness and are supported by the hon. Member for Stockport or the defendant. (Ann Coffey). New clause 14 seeks to assist by proposing that such A key part of the four-point action plan “Tackling cases be assigned to a specialist court where everyone, child sexual exploitation”, which was launched in November from the ushers to the judges, has specialist training in 2011, was a better court procedure for vulnerable young witness management and the special measures. Those witnesses. Too many girls, having been abused, have mechanisms would ensure that the measures would be effectively been re-traumatised in the courtroom by a implemented consistently and to the highest standards phalanx of defence barristers. For many of them, it has for such cases, which need to be handled differently meant that they have not given credible evidence or that owing to the nature of the evidence and the vulnerability the case has not come to court and has collapsed. In of the witnesses. many cases, the witnesses run away rather than go This is a partnership programme that does not require through the procedure and appear in court. primary legislation, which is why this is a probing The two new clauses, which I hope the Minister will amendment. I hope that the Minister will acknowledge take away and look at favourably, are about ensuring that the proposed new clause has attracted significant that we get justice in our courts and, in particular, that cross-party support, which is why I want him to make a vulnerable witnesses and victims appear to get the justice clear commitment to take forward this proposal in a they have been denied for so many years. The cases that timely manner. I know that he will raise the issue of are coming to court now are a sign of success. They are cost, but I would pre-emptively respond that preventing at least beginning to be taken seriously. We want to cases from collapsing is nothing if not a good investment. ensure that more people come forward and that more In the wake of Savile, the Welsh care homes, Rochdale perpetrators are nailed. The new clauses will help to and ensuing cases of child sexual exploitation, there achieve that. will be a significant increase in highly sensitive cases in the courts. I want victims to have the confidence to be Ann Coffey (Stockport) (Lab): I will speak to new able to go to court and give evidence. I want them to clause 12, which I tabled along with the hon. Member know that we did everything we could to support the for Oxford West and Abingdon (Nicola Blackwood) most vulnerable witnesses in the most sensitive cases. It and other hon. Members. I agree totally with the comments is in the interests of justice for all involved. that she made in arguing for specialist courts. Under new clause 12, registered intermediaries, which Several hon. Members rose— were first introduced in 2004, would be assigned to support all very vulnerable witnesses. Children are very Mr Speaker: Order. Before I call the next speaker, vulnerable witnesses because they do not communicate I would like to accommodate others as well, if at all in the same way as adults. Recent NSPCC research possible, and that requires extreme self-discipline. showed that more than 90% of children under 10 do not 743 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 744 understand the questions that they are asked in court. It On amendment 1, we recognise that we must make also showed that more than half of young witnesses allowances for the fact that some people find themselves experience stress symptoms ranging from sleeping and in hardship and find it difficult to pay their debts, but eating problems to self-harming. Children under stress that does not mean that the court should permit those become confused in the witness box. convicted of an offence to ignore the sentences imposed Registered intermediaries are communication specialists, on them. Fines are a criminal sentence, and taxpayers such as child psychologists, who are trained to help should not be subsidising those who avoid payment for child witnesses to communicate their evidence effectively, whatever reason. both at the police interview and the trial. However, I have a great deal of sympathy with what was said NSPCC figures show that only 2% of young witnesses about new clauses 12 and 14 by my hon. Friend the were assigned a registered intermediary. That has to Member for Oxford West and Abingdon (Nicola change. Blackwood) and the hon. Member for Stockport (Ann Coffey), who has a distinguished record in this field. In view of the tremendous cross-party support The Government and HM Courts Service already do a for new clauses 12 and 14 today, and in the wake of huge amount to protect victims and witnesses. There is the Rochdale and Jimmy Savile scandals, I hope that the always more we can do and we will take this issue away Minister will feel able to give a positive response to the and consider it. new clauses tabled by the hon. Member for Oxford West and Abingdon and me that call for specialist courts and 11 pm registered intermediaries to give the victims of sexual abuse the confidence to come forward so that justice Debate interrupted (Programme Order, this day). can be done. The Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the new clause be read a Second time. John McDonnell: This is the parliamentary equivalent of “Just a Minute”. New clause 15 accordingly read a Second time and added to the Bill. I will speak to the amendments in my name, which The Speaker then put forthwith the Questions necessary are amendments 103 and 96 to 98, which relate to for the disposal of the business to be concluded at that clause 25. Clause 25 commences the process of privatising time (Standing Order No. 83E). the work of the fines officers of the courts. They are not just bailiffs, but officers who exercise judicial powers. This will be the first time that the House has privatised New Clause 16 any office holder who has judicial powers. What do I mean by judicial powers? These officers can make a RESTRAINT ORDERS AND LEGAL AID: SUPPLEMENTARY deduction from a benefits order, make an attachment of The Secretary of State may by regulations— earnings order, and order the variation of the length of time over which a fine can be paid. (a) make provision about the making of relevant legal aid payments out of property that is the subject of a Clause 25 will privatise the 2,000 jobs of the fines restraint order under Part 2 of the Proceeds of Crime officers and hand the work over to private bailiffs. We Act 2002 (“the 2002 Act”), and have seen the report by Citizens Advice on the role of (b) make provision in connection with cases in which such private bailiffs. They are misrepresenting their powers, payments are or may be made out of such property, using intimidating behaviour, charging fees in excess of whether by modifying the operation of Part 2 of the 2002 Act what is allowed in law, failing to accept reasonable or Chapter 1, 2 or 4 of Part 8 of that Act or otherwise. offers of payment and failing to recognise debtors in (1) The provision that may be made by regulations under this vulnerable situations, as required by the national standards section includes— for enforcement agents. We are handing over these (a) provision about how much property may be subject to a powers to private bailiffs, who have failed significantly restraint order, including provision made by reference and have intimidated many of our constituents, and yet to the amount or estimated amount of relevant legal we know that the existing fines officers are performing aid payments; well and meeting every target that is set by their management (b) provision for a restraint order or other order under and the Government. Part 2 of the 2002 Act to remain in force, where a relevant legal aid payment remains unpaid, in This is a privatisation too far. We have never privatised circumstances in which the order would otherwise the roles of judicial officers. This matter needs the have to be discharged; consideration of the House. I urge the Government to (c) provision about powers of investigation for the purpose think again. This measure is just an enabling part of the of identifying property that may be used to make legislation and I hope that the Government will step relevant legal aid payments, including powers exercisable back before they implement it. where an order continues in force in accordance with provision described in paragraph (b); (d) provision about the use of property in cases in which Damian Green: On the last point, I think it is fair to there is or has been a restraint order, including provision say that the hon. Member for Hayes and Harlington about the order in which different obligations to make (John McDonnell) thinks that every privatisation is a payments may or must be satisfied in such cases; privatisation too far. He is wrong. Choosing the sanction (e) provision about powers of entry, search and seizure; or collection method, which is what fines officers do, (f) provision about the payment of compensation by the is not a judicial function. Those are essentially case Lord Chancellor; management decisions and have been performed by (g) provision about the disclosure and use of documents, administrative staff since 2006. information and other evidence. 745 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 746

(2) The provision that may be made by regulations under this Dugher, Michael McFadden, rh Mr Pat section (whether by virtue of this section or section 43(12)) Durkan, Mark McGovern, Alison includes— Eagle, Ms Angela McGovern, Jim (a) provision conferring, removing or otherwise modifying Eagle, Maria McGuire, rh Mrs Anne a function; Edwards, Jonathan McKechin, Ann (b) provision amending, repealing, revoking or otherwise Efford, Clive McKenzie, Mr Iain modifying provision made by or under any enactment Elliott, Julie McKinnell, Catherine (including provision inserted or amended by this Act). Ellman, Mrs Louise Meacher, rh Mr Michael (3) In this section— Esterson, Bill Meale, Sir Alan “function” means a function of any description, Evans, Chris Mearns, Ian including a power or duty (whether conferred by Field, rh Mr Frank Miliband, rh David an enactment or arising otherwise); Flello, Robert Miller, Andrew “property” has the same meaning as in Part 2 of the Flint, rh Caroline Moon, Mrs Madeleine 2002 Act; Flynn, Paul Morden, Jessica “relevant legal aid payment” means— Francis, Dr Hywel Morrice, Graeme (Livingston) (a) a payment that is a relevant legal aid payment Gapes, Mike Morris, Grahame M. for the purposes of section 41 of the 2002 Gardiner, Barry (Easington) Act, and Gilmore, Sheila Mudie, Mr George (b) a payment that would be such a payment if a Glass, Pat Munn, Meg restraint order were made. Glindon, Mrs Mary Murphy, rh Mr Jim Godsiff, Mr Roger Murphy, rh Paul (4) In subsection (2)(a) and (c) the references to relevant legal Goggins, rh Paul Murray, Ian aid payments include any payment that is likely to be a relevant Goodman, Helen Nash, Pamela legal aid payment when the obligation to make the payment arises.’.—(Damian Green.) Greatrex, Tom O’Donnell, Fiona Green, Kate Onwurah, Chi Brought up, and added to the Bill. Greenwood, Lilian Osborne, Sandra Amendment proposed: 1, in clause 24, page 21, line 22, Griffith, Nia Pearce, Teresa at end insert— Gwynne, Andrew Perkins, Toby ‘(6A) In fixing such an amount, and subsequent additions, Hamilton, Mr David Phillipson, Bridget account must be taken of the person’s relevant weekly income, Hamilton, Fabian Pound, Stephen excluding housing benefit and child related benefits, and Hanson, rh Mr David Qureshi, Yasmin allowance must be made for the protection of a reasonable Harris, Mr Tom Raynsford, rh Mr Nick financial subsistence level, in the manner used to determine the Havard, Mr Dai Reed, Mr Jamie initial fine.’.—(Paul Murphy.) Healey, rh John Reed, Steve Hendrick, Mark Reynolds, Emma The House divided: Ayes 215, Noes 307. Hepburn, Mr Stephen Reynolds, Jonathan Division No. 193] [11.1 pm Hermon, Lady Ritchie, Ms Margaret Hillier, Meg Rotheram, Steve AYES Hodge, rh Margaret Roy, Mr Frank Hodgson, Mrs Sharon Roy, Lindsay Abbott, Ms Diane Byrne, rh Mr Liam Hoey, Kate Sarwar, Anas Abrahams, Debbie Campbell, Mr Alan Hopkins, Kelvin Sawford, Andy Ainsworth, rh Mr Bob Campbell, Mr Gregory Howarth, rh Mr George Seabeck, Alison Alexander, rh Danny Champion, Sarah Hunt, Tristram Shannon, Jim Alexander, Heidi Chapman, Jenny Irranca-Davies, Huw Sharma, Mr Virendra Ali, Rushanara Clark, Katy James, Mrs Siân C. Sheridan, Jim Anderson, Mr David Coffey, Ann Jamieson, Cathy Shuker, Gavin Ashworth, Jonathan Connarty, Michael Jarvis, Dan Simpson, David Austin, Ian Cooper, Rosie Johnson, rh Alan Skinner, Mr Dennis Bailey, Mr Adrian Cooper, rh Yvette Johnson, Diana Smith, rh Mr Andrew Bain, Mr William Corbyn, Jeremy Jones, Graham Smith, Angela Banks, Gordon Crausby, Mr David Jones, Mr Kevan Smith, Nick Bayley, Hugh Creagh, Mary Jones, Susan Elan Smith, Owen Beckett, rh Margaret Creasy, Stella Kendall, Liz Spellar, rh Mr John Begg, Dame Anne Cruddas, Jon Lammy, rh Mr David Straw, rh Mr Jack Benn, rh Hilary Cryer, John Lavery, Ian Stringer, Graham Benton, Mr Joe Cunningham, Alex Lazarowicz, Mark Stuart, Ms Gisela Berger, Luciana Cunningham, Mr Jim Leslie, Chris Sutcliffe, Mr Gerry Betts, Mr Clive Cunningham, Sir Tony Lewis, Mr Ivan Tami, Mark Blackman-Woods, Roberta Curran, Margaret Llwyd, rh Mr Elfyn Teather, Sarah Blears, rh Hazel Danczuk, Simon Love, Mr Andrew Thomas, Mr Gareth Blenkinsop, Tom David, Wayne Lucas, Caroline Thornberry, Emily Blomfield, Paul Davidson, Mr Ian Lucas, Ian Timms, rh Stephen Blunkett, rh Mr David Davies, Geraint Bradshaw, rh Mr Ben Denham, rh Mr John Mactaggart, Fiona Trickett, Jon Brennan, Kevin Dobbin, Jim Mahmood, Shabana Twigg, Derek Brown, Lyn Dobson, rh Frank Marsden, Mr Gordon Twigg, Stephen Brown, rh Mr Nicholas Docherty, Thomas McCann, Mr Michael Umunna, Mr Chuka Brown, Mr Russell Dodds, rh Mr Nigel McCarthy, Kerry Vaz, Valerie Bryant, Chris Donaldson, rh Mr Jeffrey M. McClymont, Gregg Walley, Joan Buck, Ms Karen Donohoe, Mr Brian H. McCrea, Dr William Watts, Mr Dave Burden, Richard Doughty, Stephen McDonald, Andy Williams, Hywel Burnham, rh Andy Doyle, Gemma McDonnell, John Williamson, Chris 747 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 748

Wilson, Phil Wright, Mr Iain Herbert, rh Nick Murray, Sheryll Winnick, Mr David Hinds, Damian Murrison, Dr Andrew Winterton, rh Ms Rosie Tellers for the Ayes: Hoban, Mr Mark Neill, Robert Wood, Mike Nic Dakin and Hollingbery, George Newmark, Mr Brooks Wright, David Julie Hilling Hollobone, Mr Philip Newton, Sarah Holloway, Mr Adam Nokes, Caroline NOES Hopkins, Kris Norman, Jesse Horwood, Martin Nuttall, Mr David Adams, Nigel Djanogly, Mr Jonathan Howarth, Sir Gerald O’Brien, Mr Stephen Afriyie, Adam Dorrell, rh Mr Stephen Howell, John Offord, Dr Matthew Aldous, Peter Doyle-Price, Jackie Hughes, rh Simon Ollerenshaw, Eric Alexander, rh Danny Duddridge, James Hunt, rh Mr Jeremy Opperman, Guy Andrew, Stuart Duncan, rh Mr Alan Huppert, Dr Julian Ottaway, Richard Arbuthnot, rh Mr James Dunne, Mr Philip Hurd, Mr Nick Paice, rh Sir James Baker, Norman Ellis, Michael James, Margot Parish, Neil Baker, Steve Ellison, Jane Javid, Sajid Patel, Priti Baldry, Sir Tony Ellwood, Mr Tobias Jenkin, Mr Bernard Pawsey, Mark Baldwin, Harriett Elphicke, Charlie Johnson, Gareth Penning, Mike Barclay, Stephen Eustice, George Jones, Andrew Penrose, John Barker, rh Gregory Evans, Graham Kawczynski, Daniel Percy, Andrew Barwell, Gavin Evans, Jonathan Kelly, Chris Perry, Claire Bebb, Guto Evennett, Mr David Kirby, Simon Phillips, Stephen Beith, rh Sir Alan Fabricant, Michael Knight, rh Mr Greg Pickles, rh Mr Eric Bellingham, Mr Henry Fallon, rh Michael Kwarteng, Kwasi Pincher, Christopher Benyon, Richard Farron, Tim Laing, Mrs Eleanor Poulter, Dr Daniel Beresford, Sir Paul Featherstone, Lynne Lamb, Norman Prisk, Mr Mark Berry, Jake Field, Mark Lancaster, Mark Pritchard, Mark Bingham, Andrew Foster, rh Mr Don Lansley, rh Mr Andrew Pugh, John Blackman, Bob Fox,rhDrLiam Latham, Pauline Raab, Mr Dominic Blackwood, Nicola Francois, rh Mr Mark Laws, rh Mr David Randall, rh Mr John Blunt, Mr Crispin Freeman, George Leadsom, Andrea Redwood, rh Mr John Boles, Nick Freer, Mike Lee, Jessica Rees-Mogg, Jacob Bottomley, Sir Peter Fullbrook, Lorraine Lee, Dr Phillip Reevell, Simon Bradley, Karen Fuller, Richard Leech, Mr John Reid, Mr Alan Brake, rh Tom Gale, Sir Roger Lefroy, Jeremy Robathan, rh Mr Andrew Bray, Angie Garnier, Sir Edward Leslie, Charlotte Robertson, rh Hugh Brazier, Mr Julian Garnier, Mark Letwin, rh Mr Oliver Robertson, Mr Laurence Bridgen, Andrew Gauke, Mr David Lewis, Brandon Rogerson, Dan Brine, Steve George, Andrew Lewis, Dr Julian Rosindell, Andrew Brokenshire, James Gibb, Mr Nick Liddell-Grainger, Mr Ian Rudd, Amber Brooke, Annette Gilbert, Stephen Lidington, rh Mr David Ruffley, Mr David Bruce, Fiona Gillan, rh Mrs Cheryl Lilley, rh Mr Peter Russell, Sir Bob Bruce, rh Sir Malcolm Glen, John Lloyd, Stephen Rutley, David Buckland, Mr Robert Goodwill, Mr Robert Lord, Jonathan Sanders, Mr Adrian Burley, Mr Aidan Graham, Richard Loughton, Tim Sandys, Laura Burns, rh Mr Simon Grant, Mrs Helen Luff, Peter Scott, Mr Lee Burrowes, Mr David Gray, Mr James Lumley, Karen Selous, Andrew Burt, Lorely Grayling, rh Chris Macleod, Mary Sharma, Alok Byles, Dan Green, rh Damian May, rh Mrs Theresa Shelbrooke, Alec Cable, rh Vince Greening, rh Justine Maynard, Paul Simmonds, Mark Cairns, Alun Grieve, rh Mr Dominic McCartney, Jason Simpson, Mr Keith Campbell, rh Sir Menzies Griffiths, Andrew McCartney, Karl Skidmore, Chris Carmichael, rh Mr Alistair Gummer, Ben McIntosh, Miss Anne Smith, Miss Chloe Carmichael, Neil Gyimah, Mr Sam McLoughlin, rh Mr Patrick Smith, Henry Cash, Mr William Halfon, Robert McPartland, Stephen Smith, Julian Chishti, Rehman Hames, Duncan McVey, Esther Smith, Sir Robert Clappison, Mr James Hammond, rh Mr Philip Menzies, Mark Soames, rh Nicholas Clark, rh Greg Hammond, Stephen Metcalfe, Stephen Soubry, Anna Clifton-Brown, Geoffrey Hancock, Matthew Miller, rh Maria Spelman, rh Mrs Caroline Coffey, Dr Thérèse Hands, Greg Mills, Nigel Spencer, Mr Mark Collins, Damian Harper, Mr Mark Milton, Anne Stephenson, Andrew Colvile, Oliver Harrington, Richard Moore, rh Michael Stewart, Bob Cox, Mr Geoffrey Harris, Rebecca Mordaunt, Penny Stewart, Iain Crabb, Stephen Hart, Simon Morgan, Nicky Stewart, Rory Crouch, Tracey Harvey, Sir Nick Morris, Anne Marie Streeter, Mr Gary Davey, rh Mr Edward Hayes, Mr John Morris, David Stride, Mel Davies, David T. C. Heald, Oliver Morris, James Stunell, rh Andrew (Monmouth) Heath, Mr David Mosley, Stephen Sturdy, Julian Davies, Glyn Heaton-Harris, Chris Mowat, David Swales, Ian Davies, Philip Hemming, John Mulholland, Greg Swayne, rh Mr Desmond de Bois, Nick Henderson, Gordon Mundell, rh David Swinson, Jo Dinenage, Caroline Hendry, Charles Munt, Tessa Swire, rh Mr Hugo 749 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 750

Syms, Mr Robert Wheeler, Heather (a) which remanded the child, or Thornton, Mike White, Chris (b) to which the child was remanded, Thurso, John Whitehead, Dr Alan may designate a local authority (“B”) as the designated Timpson, Mr Edward Whittaker, Craig authority for the child in substitution for the authority Tomlinson, Justin Whittingdale, Mr John previously designated (whether that previous designation was Tredinnick, David Wiggin, Bill made when the child was remanded or under this subsection). Truss, Elizabeth Willetts, rh Mr David (7D) Where a child has at any one time been subject to two or Turner, Mr Andrew Williams, Mr Mark more remands to youth detention accommodation, a court which Tyrie, Mr Andrew Williams, Roger has jurisdiction to make a replacement designation under Uppal, Paul Williams, Stephen subsection (7C) in connection with one or some of the remands Vaizey, Mr Edward Williamson, Gavin also has jurisdiction to make such a replacement designation in Vara, Mr Shailesh Wilson, Mr Rob connection with each of the other remands. Vickers, Martin Wright, Jeremy (7E) Where a replacement designation is made under Walker, Mr Robin Yeo, Mr Tim subsection (7C) after the end of the period of remand concerned, Wallace, Mr Ben Young, rh Sir George the substitution of B for the previously-designated authority has Walter, Mr Robert Zahawi, Nadhim effect only for the purposes of regulations under section 103. Ward, Mr David Watkinson, Dame Angela Tellers for the Noes: (7F) Where a replacement designation is made under Webb, Steve Mark Hunter and subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority— Wharton, James Joseph Johnson (a) has effect, as respects the part of that period ending with the making of the replacement designation, only Question accordingly negatived. for the purposes of regulations under section 103, and (b) has effect, as respects the remainder of that period, for Clause 28 all of the purposes listed in subsection (6). (7G) A court may make a replacement designation under ENABLING THE MAKING, AND USE, OF FILMS AND subsection (7C) only if it considers that, had everything it knows OTHER RECORDINGS OF PROCEEDINGS been known by the court which made the previous designation, Amendment made: 60, page 31, line 39, at end insert— that court would have designated B instead. ‘(5A) The preceding provisions of this section do not apply in (7H) Where a replacement designation is made under relation to Supreme Court proceedings.’.—(Damian Green.) subsection (7C) in relation to a remand, the previously- designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103. New Clause 4 (7J) A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on VARYING DESIGNATIONS OF AUTHORITIES RESPONSIBLE an application by a local authority or of its own motion.” FOR REMANDED YOUNG PERSONS (6) A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section ‘(1) Section 102 of the Legal Aid, Sentencing and Punishment comes into force, and the amendments made by this section have of Offenders Act 2012 (where child remanded to youth detention effect for the purpose of making a replacement designation in accommodation, court must designate local authority to look any such case; but, in such a case, the substitution of B for the after child and meet costs) is amended as follows. previously-designated authority (and any entitlement to (2) In subsection (7)(a) (authority that already looks after repayment under new section 102(7H)) does not have effect as child to be designated) after “being looked after by a local respects any time before this section comes into force. authority” insert “otherwise than by virtue of section 104(1)”. (7) Except as provided by subsection (6), the amendments (3) In subsection (7)(b) (in other cases, court must designate made by this section have effect only in relation to remands authority for area where child habitually resides or offence ordered after this section comes into force.’.—(Damian Green.) committed) for “, the local authority” substitute “but subject to subsection (7B), a local authority”. Brought up, and added to the Bill. (4) After subsection (7) insert— “(7A) In a case to which subsection (7)(b) applies, the court is New Clause 5 to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) SUPREME COURT CHIEF EXECUTIVE, OFFICERS AND except where the court— STAFF (a) considers as respects the home authority, or each home ‘(1) For section 48(2) of the Constitutional Reform Act 2005 authority, that it is inappropriate to designate that (chief executive of the Supreme Court to be appointed by Lord authority, or Chancellor after consulting President of the Court) substitute— (b) is unable to identify any place in England and Wales “(2) It is for the President of the Court to appoint the chief where the child habitually resides. executive.” (7B) If in a case to which subsection (7)(b) applies— (2) Section 49 of that Act (officers and staff of the Supreme (a) the court is not required by subsection (7A) to Court) is amended as follows. designate a home authority, but (3) In subsection (2) (number of officers and staff, and their (b) it appears to the court that the offence was not, or terms, are for the chief executive but subject to the provision in none of the offences was, committed in England and subsection (3) about application of civil service pension Wales, arrangements)— the court is to designate a local authority which it considers (a) for “these matters with the agreement of the Lord appropriate in the circumstances of the case.” Chancellor—” substitute “the following matters—”, (5) After subsection (7B) insert— and “(7C) Where a child has been remanded to youth detention (b) for “subsection” substitute “subsections (2A) and”. accommodation, the court— (4) After subsection (2) insert— 751 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 752

“(2A) Service as the chief executive of the Court, and service Clause 43 as an officer or staff appointed under subsection (1), is service in the civil service of the State.” ORDERS AND REGULATIONS (5) In subsection (3) (civil service pension arrangements apply Amendments made: 72, page 47, line 5, leave out ‘2’ to chief executive, officers and staff) for “The” at the beginning and insert ‘[Modification of NCA functions]’. substitute “Accordingly, the”.’.—(Damian Green.) Amendment 119, page 47, line 21, at end insert— Brought up, and added to the Bill. ‘( ) regulations under section [Restraint orders and legal aid: supplementary];’. New Clause 6 Amendment 73, page 47, line 27, at end insert— ‘(k) an order under paragraph 5 of Schedule [The NCA: MAKING AND USE OF RECORDINGS OF SUPREME Northern Ireland].’. COURT PROCEEDINGS Amendment 74, page 47, line 37, at end insert— ‘(1) Section 9 of the Contempt of Court Act 1981 (recording ‘( ) an order under paragraph 1, 2, 3 or 4 of Schedule [The of court proceedings) is amended as follows. NCA: Northern Ireland].’. (2) After subsection (1) insert— Amendment 75, page 47, line 37, at end insert— “(1A) In the case of a recording of Supreme Court proceedings, ‘( ) an order under Schedule [Proceeds of crime provisions: subsection (1)(b) does not apply to its publication or disposal Northern Ireland].’.—(Damian Green.) with the leave of the Court.” (3) In subsection (2) (leave under subsection (1)(a): grant, Clause 46 refusal, conditions, withdrawal and amendment)— (a) after “paragraph (a) of subsection (1)” insert “, or SHORT TITLE, COMMENCEMENT AND EXTENT under subsection (1A),”, Amendments made: 77, page 49, line 13, after first ‘to’ (b) for “if granted may” substitute “if granted— insert (a) may, in the case of leave under subsection (1)(a),”, and ‘26 and [Supreme Court chief executive, officers and staff] and’. (c) after “leave; and” insert— Amendment 78, page 49, line 13, before ‘28’ insert ‘27 “(b) may, in the case of leave under subsection (1A), be and’. granted subject to such conditions as the Supreme Court thinks proper with respect to publication or Amendment 79, page 49, line 13, leave out ‘(except disposal of any recording to which the leave relates; section 24(2))’. and”. Amendment 80, page 49, line 15, at end insert— (4) In subsection (1) (activities which are contempt of court) ‘( ) Subsection (3) does not apply to— after paragraph (c) insert— (a) Part 4A of Schedule 13, or section 18 so far as relating “(d) to publish or dispose of any recording in contravention to that Part; of any conditions of leave granted under subsection (b) section 24(2).’. (1A).”’.—(Damian Green.) Amendment 81, page 49, line 15, at end insert— Brought up, and added to the Bill. ‘( ) Section [Varying designations of authorities responsible for remanded young persons] comes into force on the day after the day on which this Act is passed.’. Schedule 19 Amendment 82, page 49, line 16, after ‘24(2)’ insert ‘, [Making and use of recordings of Supreme Court proceedings]’. EXTRADITION Amendment 121A, page 49, line 17, at end insert— Amendments made: 111, page 303, line 36, leave out ‘an’ and insert ‘the most’. ‘( ) Sections [Awards of exemplary damages]to[Awards of aggravated damages] come into force at the end of the period of Amendment 112, page 303, line 42, at end insert— one year beginning with the day on which a body is established by (da) any delay that might result from proceeding in one Royal Charter with the purpose of carrying on activities relating jurisdiction rather than another;’. to the recognition of independent regulators of relevant publishers Amendment 113, page 306, line 1, at beginning insert (as defined by section [Meaning of “relevant publisher”]).’. ‘In England and Wales, and Northern Ireland,’. Amendment 83, page 49, line 30, leave out subsection (8) and insert— Amendment 114, page 306, line 6, at end insert— ‘(8) The following come into force on the day on which this ‘( ) In Scotland, for the purpose of determining any Act is passed— questioning of a relevant certification decision, the High Court must apply the procedures and principles that would be applied (a) Part 4A of Schedule 13, and section 18 so far as by it on an application for judicial review.’. relating to that Part; Amendment 115, page 307, line 41, leave out ‘an’ and (b) section 33 (except subsection (6)(a)); insert ‘the most’. (c) Part 2 of Schedule 17; Amendment 116, page 308, line 2, at end insert— (d) sections 43 to 45 and this section.’. Amendment 84, page 49, line 31, at end insert— (da) any delay that might result from proceeding in one jurisdiction rather than another;’. ‘( ) Section 30 comes into force on the day on which this Act is Amendment 117, page 310, line 1, at beginning insert passed.’. ‘In England and Wales, and Northern Ireland,’. Amendment 85, page 49, line 31, at end insert— Amendment 118, page 310, line 6, at end insert— ‘( ) Schedule [The NCA: Northern Ireland] comes into force on the day on which this Act is passed.’. ‘( ) In Scotland, for the purpose of determining any questioning of a relevant certification decision, the High Court Amendment 86, page 49, line 31, at end insert— must apply the procedures and principles that would be applied ‘( ) Schedule [Proceeds of crime provisions: Northern Ireland] by it on an application for judicial review.’.—(Damian Green.) comes into force on the day on which this Act is passed.’. 753 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 754

Amendment 122, page 49, line 37, at end insert— powers and authority to bring about a step change in ‘( ) sections [Awards of exemplary damages] to [Other our response. It will have a global reach and a local interpretative provisions];’. impact. It will lead the fight against the gangs that Amendment 87, page 50, line 13, at end insert— traffic drugs, people and guns; who abuse and exploit children; and who corrode and subvert our institutions ‘( ) This section is subject to Schedule [The NCA: Northern and cost our economy billions of pounds a year. It will Ireland] (the NCA: Northern Ireland).’. not do this alone, but in partnership with others. We are Amendment 88, page 50, line 13, at end insert— redrawing the policing landscape, with the NCA at the ‘( ) This section is subject to Schedule [Proceeds of crime centre. The public will be better protected, as will our provisions: Northern Ireland] (proceeds of crime provisions: national security, for its establishment Northern Ireland).’.—(Damian Green.) The introduction of the new drug-driving offence will Third Reading bear down on those who put other road users at risk of Queen’s consent signified. death and serious injury by taking illegal drugs and driving, and the enhanced protection for householders who honestly act in self-defence, and in the defence of 11.14 pm their loved ones, when faced with an intruder in their The Secretary of State for the Home Department home will ensure that the criminal justice system treats (Mrs Theresa May): I beg to move, That the Bill be now them as the victim, not as the perpetrator, of a crime. read the Third time. Furthermore, in helping the NCA and its law enforcement The Bill has undoubtedly been enhanced by the process partners to tackle serious, organised and complex crime, of parliamentary scrutiny, so I would like to pay tribute the Bill provides for an innovative new tool—the deferred to all right hon. and hon. Members who served on the prosecution agreement—that will enable more organisations Bill Committee and to those who spoke on Report, as that commit economic and financial crimes to be brought well as to the Clerks and the Bill teams in my Department to justice. and the Ministry of Justice for their advice and support. Among the important changes made to the Bill in In particular, I would like to commend the work in this House is the provision to strengthen the civil recovery Committee of the Minister for Policing and Criminal regime. As well as seeking to prosecute and convict Justice, my right hon. Friend the Member for Ashford those who commit crimes for financial gain, we must (Damian Green), and the Minister of State, Home also ensure that we use all legitimate means to deprive Department, my hon. Friend the Member for Taunton such individuals of their ill-gotten gains wherever they Deane (Mr Browne), who is unable to be here this may be. The Bill plugs a significant gap in the Proceeds evening owing to the imminent—it might even have of Crime Act 2002 that had opened up as a result of the happened in the past few hours—arrival of the baby Supreme Court’s judgment in the case of Perry. It that his partner has been expecting. cannot be right that someone who commits crimes in The Bill already had many excellent features when this country should be able to escape the reach of our it was first introduced in the other place last May, but it courts by siphoning off the profits of their criminal now returns to that House with a number of important activity to buy property and other assets in another new additions to which I shall refer. I welcome the jurisdiction or to hide away cash in some foreign bank broad measure of support for many—indeed, for most, account. The Bill makes good the damage done to the I think it fair to say—of the provisions in the Bill. Over civil recovery regime by the Perry judgment and ensures the two days on Report, the Government have, quite that, provided there is some connection with the United properly, been probed on a number of detailed aspects Kingdom, the reach of our courts continues, as before, of the Bill, but the approach of the official Opposition, to extend worldwide. in Committee and again on Report, has been to seek We have also made another important change to the to weigh down the Bill with a litany of requirements to 2002 Act. The system of restraint orders under that Act produce impact assessments or to undertake reviews. is designed to ensure that someone suspected of profiting Of course, we must properly assess the impact of these from crime cannot squander or squirrel away their important measures, but the Government are determined assets while the proper legal processes leading to the to get on with the task of implementing these much-needed forfeiture of those assets is under way. However, it reforms to our justice system, not to procrastinate and cannot be right that those with significant restrained delay by undertaking review after review. assets can then qualify for publicly funded legal aid, I commend the efforts of all those who work with free from any contribution. Those who can afford to professionalism and dedication in our criminal and civil pay towards their defence costs should do so, even if justice systems, but reforms are undoubtedly needed if their assets are frozen. I am pleased that the House has we are to continue to see further reductions in crime, today agreed to add provisions to the Bill to end this including serious and organised crime, and drive further abuse. In implementing the scheme, we will want to be improvements in the efficiency, effectiveness and assured about the potential impact on the moneys paid responsiveness of the police, prosecutors, the courts, as compensation to victims or to the police and prosecutors and prisons and probation services. Our reforms must to fund further enforcement activity. Our aim should be be judged, first and foremost, by whether they help us to ensure that more is received from criminals, rather to cut crime and lead to a reduction in harm to our than simply to redistribute funds around the criminal communities and to fewer victims of crime. justice system. For too long, too many organised criminals have The Bill also includes some important reforms to the managed to stay one step ahead and beyond the reach system of immigration appeals. There are two drivers of law enforcement. That will be the case no longer. The for these reforms. The first is to ensure that the limited new National Crime Agency will have the capabilities, resources available in this tight financial climate are 755 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 756 focused on those immigration decisions, such as a refusal Mrs May: I think the chances of it being before the of asylum, that have the more significant impact on the end of this Session are pretty slim—the Leader of the persons affected. The refusal of a family visit visa House’s reaction from a sedentary position probably simply does not fall into that category of seriousness. indicated that—but it is certainly my intention that the No other category of visit visa attracts a right of appeal changes should be brought forward in the next Session, and the costs of the appeals process in such cases simply in suitable legislation. One further point on extradition cannot be justified, particularly when the more timely is that I believe our extradition treaty with the United and cost-effective option is to submit a fresh application. States is fair and balanced, and I think the changes The second driver underpinning the reforms to the being put through will increase public confidence in the immigration appeals system is to ensure that those who system. are a threat to our national security are removed from Lastly, I want to mention briefly three further matters this country as quickly as possible. It simply makes no before the Bill returns to the other place. These relate to sense for those whose presence in this country the areas of disagreement between the two Houses, which Home Secretary has personally deemed not to be conducive I hope can be quickly resolved. When the Bill was in the to the public good should then be able to return to the other place, their lordships removed the power to confer United Kingdom to challenge the cancellation of their counter-terrorism functions on the National Crime Agency leave, nor should someone who is being deported on by order, and they also added unnecessary and unworkable national security grounds be able to delay their removal proposals in respect of the adjudication of complaints from this country by raising any and all objections on against bailiffs and the management of female offenders. human rights grounds, which must then be determined These were removed from the Bill in Committee. Last before the deportation can be effected. Following an Wednesday this House voted to restore what was originally amendment in Committee, such a person will now be clause 2 and voted—again, by a wide margin—against entitled to an in-country appeal only where they would the Lords amendment on bailiffs. face a real risk of serious, irreversible harm if their I would urge the other place to respect the views of deportation were to go ahead before the appeal had the elected House and, when it comes to consider these been heard. Commons amendments in a week’s time, to agree to Finally on this issue, I thank my hon. Friend the them all so that the Bill can be speedily enacted and we Member for Esher and Walton (Mr Raab) for his implacable can get on with the business of implementing the much- resolve that the qualified right to respect for private and needed reforms that it contains. The Bill, of course, now family life under article 8 of the European convention goes back to the other place with amendments on press on human rights cannot be allowed to stand in the way conduct, and I am pleased that these have now been of the will of Parliament on the deportation of foreign agreed by those on both sides of the House. On that nationals who commit serious offences. Last June the final note, I commend the Bill to the House. House gave its unanimous support to changes to the immigration rules for this purpose. I have already indicated that I now intend to bring forward primary legislation 11.24 pm as soon as parliamentary time allows to establish the Yvette Cooper (Normanton, Pontefract and Castleford) correct approach to article 8 in immigration cases. I am (Lab): So, at this late hour, we finally reach the Third determined that the will of Parliament on this issue will Reading of the Crime and Courts Bill and gather to bid prevail. it farewell and send it on its way back to the other place. My hon. Friend has also been assiduous in seeking to I have to say that it is lovely to see the Home Secretary strengthen the safeguards in our extradition arrangements. in her place. We missed her last week—at least on this It is vital that we have effective extradition arrangements side of the House—and now that she is here, perhaps with our European partners and countries further afield. she would care to intervene and tell us what her alcohol This country must not become a safe haven for those pricing policy is. We would love to hear it, because who commit offences abroad, nor should those who unfortunately, her crime prevention Minister, the Minister commit crimes here be able to escape justice by fleeing of State, Home Department, the hon. Member for our shores. However, I will be the first to accept that our Taunton Deane (Mr Browne), struggled to tell us what extradition arrangements must not only be fair, balanced it was. He took the flak for her, and given the news and proportionate, but be seen to be such. That is why about his new arrival, she really does owe him one. She I have brought forward a significant change to the needs to ensure that she pays that debt. arrangements—namely, to introduce a new bar on Opposition Members owe thanks to my right hon. extradition on grounds of forum, so that wherever Friend the Member for Delyn (Mr Hanson), my hon. possible decisions about where a trial should be held Friends the Members for Walthamstow (Stella Creasy), must be made in open court, where they can be challenged for Darlington (Jenny Chapman), and for Middlesbrough and explained. We will continue to examine whether we (Andy McDonald), my right hon. Friend the Member can make additional changes to the Extradition Act 2003, for Wythenshawe and Sale East (Paul Goggins), my both to add further safeguards where they are needed hon. Friends the Members for Walsall South (Valerie and to improve its effective operation. I am determined Vaz), for Birmingham, Selly Oak (Steve McCabe) and to bring forward such changes as soon as parliamentary for Sedgefield (Phil Wilson), all of whom have led our time allows. efforts on the Bill. Sir Edward Garnier: I want to press the Home Secretary We support the Bill overall, and we support many of further on that point. When does she think parliamentary its key measures and objectives. We clearly support the time will be allowed? Will it be before the end of this Leveson measures that we have discussed extensively Session, or are we talking about later in the year or just this afternoon, and the aims to strengthen the fight some time in the future? [Laughter.] against organised crime. We also support the efforts to 757 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 758

[Yvette Cooper] that they can be seized by the courts, but because of the Government’s failure to reach agreement, criminals in increase judicial diversity, although we wish that the Northern Ireland will be able to keep those assets Government could have done more in that regard, and abroad untouched. Again, we have no idea when that we support the action on drug-driving. will be sorted out. The Home Secretary chose the The Home Secretary has done an admirable job of timetable, yet she failed to get agreement and has created attempting to create a theme in what many Members this gap. have repeatedly described as a Christmas tree of a Bill On terrorism, too, the Home Secretary’s approach that has had an increasing number of different things is chaotic. After the Government were defeated in attached to it during its passage through the House. the other place on their plans on counter-terror and the That leaves the right hon. Lady and me to take it in National Crime Agency, she told the House on Second turns to play the fairy on the top in the debate this Reading that she would “listen and reflect” on the evening. concerns of the experts, including the former Metropolitan Although we support the principles behind many of Police Commissioners in the other place, but she has the key measures, the detailed debates have revealed done nothing of the sort. Instead, at the last minute, she considerable weaknesses in the Government’simplementation has simply reinstated an order-making power to deal plans and a chaotic approach to some serious aspects of with a major change to counter-terror action in Britain, the fight against crime and terrorism. The Home Secretary yet with no reason given in her Third Reading speech made great play of the issues regarding the National when she had the opportunity to do so. She has told us Crime Agency, which, as she knows, will simply pick up repeatedly that she has not made a decision whether or much of the valuable work now being done by the not to transfer the powers from the Met to the NCA. In Serious Organised Crime Agency. However, the Bill will that case, why put an order-making power in the Bill? leave this House with the Government still having failed We can guarantee that there will be another Christmas to reach agreement on how serious organised crime will tree Bill coming from the Home Office, if not many be dealt with in Northern Ireland. The Bill will abolish more, which will give her the opportunity to do so and SOCA, which has done a considerable amount of work to have a proper debate after she has taken a decision, on human trafficking, drug smuggling and other organised when she can set out for Parliament the grounds for her crime in Northern Ireland, yet the National Crime Agency decision rather than trying to pre-empt serious debate— will be unable to operate there or to continue any of that either in this place, or in the other place—despite the work because the Government have failed to reach serious concerns raised with her. I am sure that the agreement on that matter. We have no idea how long it other place will want to look at this again. will take to sort that out, or how that work will be done We have had other concerns, such as the watering in the meantime. down of protection against abuse by bailiffs; ignoring the concerns of the noble Lords; removing the obligation Jim Shannon (Strangford) (DUP): It is a matter of inserted by the other place to address problems for concern that we read in the papers back home today women offenders; the lack of implementation plans for that someone who is involved in crime in south Armagh drug-driving; removing immigration visitor appeals even has been able to launder some £85 million sterling though a high proportion of decisions are wrong in the through various banks. That is an example of an issue first place; and the Government’s failure to bring in the that cannot be addressed, and it is down to the intransigence stronger immigration enforcement powers we called for. of Sinn Fein at this time. We are concerned that the Government were late in bringing forward the proposals on a forum bar without consultation. I hope that the Home Secretary has got Yvette Cooper: There are some very serious gaps as a the details of this right. Clearly, it is extremely complex, result of the Bill. The Government chose the timing of but given the importance of extradition issues, it is its passing. I think it was nearly two years ago that the unfortunate that she still proposes to pull out of the Home Secretary announced that she wanted to replace European arrest warrant. SOCA with the NCA, yet they have failed to reach agreement on the way in which the NCA should operate There are some very important issues in the Bill, and in Northern Ireland. That is a matter of concern. As a we will support it. The Government have, however, result of the joint work between SOCA and the Police wrongly ditched some of the improvements that the Service of Northern Ireland, more than £13 million of noble Lords made, and I hope they will be made to drugs were seized, 33 potential victims of human trafficking think again. We will support the Bill tonight; we hope were rescued, and more than £4 million of criminal the Lords will improve it; and we very much hope that assets and 23 million counterfeit and smuggled cigarettes the Government will sort out the serious gaps and were seized. There were also 23 criminal convictions for failings in the detail and implementation that these serious environmental offences. debates have exposed. That was all as a result of the important joint work 11.33 pm being done by the PSNI and SOCA. As of tonight, however, we do not know whether any of that work will Sir Edward Garnier: I congratulate all those who have continue, or how and when a solution will be reached. had rather more to do with this Bill than I have on And if that was not bad enough, there is no agreement getting to this point, and I hope that it will have fair on handling the overseas proceeds of crime with Northern passage in the other place next week. I am particularly Ireland either. Again, the Home Secretary made great pleased that, after a great deal of to-ing and fro-ing, the play of the importance of overseas and global reach. Bill still contains clause 32 on deferred prosecution Criminals in England, Scotland and Wales, however, agreements. I have a bit of a one-track mind on the who have assets abroad will rightly find under this Bill subject, but I suspect that this piece of the Bill is going 759 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 760 to earn, rather than cost, the Treasury some money—acting Mr Nigel Dodds (Belfast North) (DUP): Because of as a criminal justice weapon that will be to the advantage his experience in Northern Ireland, the right hon. of the Chancellor. I hope that as he thinks about this Gentleman is well aware of the importance of establishing Wednesday, he will remember clause 32 of this Bill. measures for it. He has appealed to the Home Secretary I urge my right hon. Friend the Home Secretary—and to do what she can. Will he also appeal to the parties in the Justice Secretary, who is temporarily absent—to get Northern Ireland which have blocked such action, namely on with the underlying secondary legislation, Crown Sinn Fein and the Social Democratic and Labour party? court rules and so forth, which will allow the deferred The Democratic Unionist party, the Ulster Unionists prosecution agreements to be implemented. I hope that and the Alliance party are strongly in favour of it. I am we can prosecute the first deferred prosecution agreement sure that the right hon. Gentleman will widen his appeal before the end of this year and, if not before Christmas, still further. very shortly after it. It will be a valuable addition to our criminal justice armoury. Paul Goggins: I am happy to agree with my right hon. I heard what my right hon. Friend the Home Secretary Friend. That is a very important point. Let me put a said about further consideration of extradition matters. rhetorical question to those who are not in the Chamber It was, if I may say so, pretty dreadful that we did not tonight, but who represent all the parties in Northern have an opportunity to discuss any aspect of extradition Ireland. SOCA was able to sit alongside the Police this evening. This was an entirely self-inflicted wound, Service of Northern Ireland from 2006 onwards, and and I suspect that with a little more flexibility it could did an excellent job. Why should that work not be have been achieved—but there we are. I know that my continued to ensure that those whose organised criminality right hon. Friend has said that something will be done poses a threat are dealt with, and dealt with properly? about it later in the year. I am sure she will be as good as her word. I shall certainly be watching to see that she is. Mark Durkan: My right hon. Friend will recall from 11.34 pm the debate last week that some of us made clear that we had drawn attention for a long time to problems about Paul Goggins (Wythenshawe and Sale East) (Lab): which no one in the Northern Ireland Office, the Ministry The Home Secretary began by noting how much the of Justice or anywhere else had talked to us. Since Bill had improved since Second Reading. As one who people have talked to us, the negotiations have made has sat through all the Bill’s stages so far, I must admit progress. Let me also say that, unlike Sinn Fein, my that I found it difficult to remember what was in it, party has never had any problem with the provisions given the huge range of other issues with which we were relating to asset recovery. We want asset recovery to go confronted at a very late stage. However, it is indeed a the distance. very important Bill, and I compliment those on both Front Benches on the assiduity with which they have debated the issues and led the argument, both in Committee Paul Goggins: I warmly welcome what my hon. Friend and in the Chamber. has said. He will recall that last week I intervened on his The National Crime Agency is now with us. I have never speech to observe that it was strange that the Minister accepted the Home Secretary’s premise that it had to be had not leapt to his feet and embarked on negotiations introduced because what had gone before had failed—I with him there and then, because he was clearly willing think that the Serious Organised Crime Agency was an to discuss this matter. I urge the Home Secretary, in excellent organisation—but if the Home Secretary has good faith, to talk to the parties in Northern Ireland judged that the NCA can take SOCA’s work forward, it and work with Northern Ireland Ministers to ensure has my full support. I do not quibble with that for a that legislative consent is secured as soon as possible. minute. We discussed community orders at some length in I am pleased that, in Committee and in other debates, Committee. I thank the Minister for Policing and Criminal we were given clear assurances that the Child Exploitation Justice, who, along with the Under-Secretary of State and Online Protection Centre would remain as an for Justice, the hon. Member for Kenilworth and Southam independent force for good in our society. It is a global (Jeremy Wright), has had constructive discussions with leader, and I am delighted that Ministers have ensured the Restorative Justice Council, with me and with others that its reputation and its work will be protected. about the merits of moving restorative justice to the My right hon. Friend the Member for Belfast North mainstream of the criminal justice system. I know that (Mr Dodds) mentioned the difficulty involving the legislative the Minister shares that aim and aspiration, and I consent motion. We debated that extensively last Wednesday. welcome amendment 110, which the Government tabled It is deeply regrettable that the National Crime Agency last Wednesday. We did not have time to debate it, but will not be able to operate fully in Northern Ireland, the substance is there, and that is important. I thank the and I urge the Home Secretary and all Ministers who Minister for the attention that he paid to the issue. are concerned with the issue to do everything that they I hope that the amendment relating to women offenders, can. I urge them to negotiate, to discuss the issue in which was cruelly removed from the Bill in Committee, detail, and to bring Northern Ireland into line with the will be reinserted when the Bill returns to the House of rest of the United Kingdom in this regard. As my right Lords, because I think it important to focus on the hon. Friend said, it is essential for the same rule of law needs of women offenders. The aim of working with to operate there, and for the same resources to be any offender is to try to ensure that they do not reoffend applied to the combating of organised crime. I know and that they can re-establish their lives in a proper way. that the Home Secretary shares that view, and I hope The Lords amendment was right to focus attention on that she will be able to secure an agreement soon so that the needs of women offenders and if that is re-inserted all those additional amendments can be implemented into the Bill, I urge Ministers to accept it as a positive and the NCA can work properly in Northern Ireland. move that they can work with. 761 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 762

[Paul Goggins] the deputy leader of the Labour party did not deny it; she merely gave great congratulations to Hacked Off on May I also thank the Ministers who have responded what it had achieved. I am concerned that what it has to the debates on child neglect? Again, we did not have achieved is eliding two different groups: the genuine time to debate an amendment on that on Report, but victims of the press, such as the Dowler family, and a the Minister for Policing and Criminal Justice made group of celebrities who would like to engage with the positive assurances about continuing to discuss the press on their own terms. I fear that what is coming out matter. The law is very outdated and it is important that of today’s proceedings will benefit that latter group at we try to modernise it in a way that works and protects least as much as the former. Some older Members of our children. Again, I pay tribute to him for what he has the House may recall the days of the industrial relations done on that. court in the early 1970s. When trade unions did not Finally, I think that the Home Secretary is wrong to co-operate with that body, it failed in its objectives. bring the super-affirmative order proposal back. I say That could, and I hope will, also happen to the royal to her that the way in which this has been done is not charter, with its statutory underpinning that we are acceptable. She told us on Second Reading that she had pushing through today. not made her mind up, the Minister in Committee never The problem with the royal charter is that in many raised it there, except obliquely, and yet right at the end ways it is worse than a statute, because we cannot it is brought back in. There is a debate as to who should actually scrutinise it; it is just Ministers and senior lead on counter-terrorism, but I find it odd—it is nice to people in the Opposition meeting behind closed doors be able to say this to her personally, as I said it the other to cook up these instructions to the press, and next to day when she was not here—that this Home Secretary no scrutiny is provided in this House. For instance, told us that to extend pre-charge detention beyond article 11.7 of the royal charter states that the board 14 days and to get the enhanced terrorism prevention “shall have the right to request further reasonable sums from the and investigation measures we had to have fresh primary Exchequer. In response to such a request, the Exchequer shall legislation, but to change the lead responsibility for grant such sums to the Recognition Panel as it considers necessary”. counter-terrorism we need only secondary legislation. It could be argued that that was a disbursement of I ask her to reflect on that again. I hope that their public funds without scrutiny from this House. lordships will take that measure out of the Bill again, and I urge her to think carefully before she moves to try Another area of concern to me in the charter can be to put it in. found in paragraph 11 of schedule 3, which states: Let me end by saying to the Home Secretary, to her “The Board should have the power (but not necessarily the colleagues and certainly to my Front-Bench colleagues duty)”— that they have done a fine job in leading this difficult whatever that means— and complex Bill to the conclusion that we have reached “to hear complaints…from a third party seeking to ensure accuracy tonight. of published information.” The schedule goes on to say: 11.41 pm “Although remedies are essentially about correcting the record Mark Reckless (Rochester and Strood) (Con): The for individuals, the power to direct a correction and an apology Home Secretary introduced her remarks by referring to must apply equally in relation to…matters of fact where there is how the Bill had been enhanced by parliamentary scrutiny. no single identifiable individual who has been affected.” I have no doubt that the Public Bill Committee did Instead of the interplay of ideas between different good work, but as a description of the 20 minutes we journalists and individuals competing to have their have had in today’s debate to consider all the remaining material published and heard in the public sphere, a non-Leveson clauses, “enhanced by parliamentary scrutiny” regulator will determine the meaning of truth—a Ministry is probably not the appropriate one. of Truth, as it were. I welcome what I see as the core of this Bill: the People will have to submit to this process, and if they creation of the National Crime Agency. The shadow do not there will be exemplary damages or they will Home Secretary cavils in respect of how it is not going have to pay the costs of anyone who wants to take up a to be greatly different from the Serious Organised Crime case against them, however ill-founded it might be. We Agency, but surely the key difference is that the NCA are not going to the right place with this royal charter; it will be able to task police forces with carrying out is not where we should be heading. necessary policing activities in the national interest. SOCA has not had that power and has been reliant on It is also extraordinarily unclear how the charter will persuasion to get co-operation from local forces, and apply in the blogosphere and to the web. The definition the creation of the NCA is the other side of the coin of of relevant publisher almost suggests that one particular the election of police and crime commissioners. We are blog, that of Guido Fawkes, has been singled out to try making local and democratic what properly should be to ensure that it is caught by the terms of the charter. local and democratic while ensuring the necessary central Let us consider the statutory underpinning. Public bodies control over national policing, which we have not really are exempted under paragraph 6 of new schedule 5, and had in this country previously. apparently a public body I very much regret the attachment to this Bill of what “means a person or body whose functions are of a public nature.” I consider to be, in all prospects, a press law. An I hope that my blog will be exempt and I will not have to organisation, Hacked Off, seems to have taken over answer to the Home Secretary for any transgressions I both the Liberal Democrat and the Labour party positions make within that sphere. The final issue in considering on this issue. In response to an apparent allegation that the charter is where it will go next. We are setting it up the Labour party was the political wing of Hacked Off, without any idea of its final destination. 763 Crime and Courts Bill [Lords]18 MARCH 2013 Crime and Courts Bill [Lords] 764

One thing we failed to consider in today’s debate was toy, our latest weapon, that we are going to use to the excellent new clause tabled by my hon. Friend the control you.” What frightens me about this toy is that Member for Esher and Walton (Mr Raab). The Home inevitably, now that the royal charter is underpinned by Secretary referred to the respect in which she holds my statute—whatever people say, however they disguise it, hon. Friend, but judging by the letter she issued earlier that is the fact; it is—politicians in the future will not be today he would have caused the release on bail and the able to resist the temptation to slap on an extra gun, a non-deportation of 4,000 people a year. We were not mortar tube, because they need it to control the press told that his advice has been signed off by three eminent because the press have done something that does not QCs, whereas the record of the Home Secretary’s officials please the House. and, in particular, her lawyers in this area is, to put it This, for me, is a red line, and my biggest fear. I have mildly, less than stellar. spoken to many of the local press down in my constituency We heard yet again from the Home Secretary about and already, because of the Data Protection Act and the supposed binding rule 39 injunctions when, as the other law, it is a nightmare for them to get hold of the Abu Hamza case showed, they are merely indications to facts. When I was a journalist, the police, the fire the Government of the European Court’s view according brigade and others used to tell us what was going on to its rules of what might be in the interests of justice. because it was in the public interest. Local journalists They are not binding on the Court and it is the Home now are finding it harder and harder to get information Secretary who decides that these people will not be from local authorities, the police or the fire brigade— deported. It is as if she has not even read the second leg information which is in the public interest. Freedom of of article 8, under which she is able to interfere in the information requests, which have been mentioned, have operation of the right to a private life in the interests of increased because journalists have to use that method to national security, public safety and the prevention of get information that is in the public interest and which crime. What else could be covered by a rule saying, this place, on occasions, is trying to hide. That cannot “You cannot consider this”, when a crime has been so be right and it certainly cannot be in our interest in the serious that the foreign national has been imprisoned future. for more than a year? Those people should be sent back and if we had agreed to the new clause tabled by my I do not believe the House will divide on Third hon. Friend the Member for Esher and Walton, they Reading, but I leave it with this thought. I fear that this would be sent back. Because we ran out of time, and tank will rumble forward in the years ahead. As my because the Home Secretary is not prepared to take on hon. Friend the Member for North East Somerset his far better ideas, the situation will, unfortunately, (Jacob Rees-Mogg) said, the next Government—for continue. example, the Opposition—can get rid of this and bring in their own legislation anyway. What we are doing is 11.48 pm purely notional, nothing more. I conclude on this cautionary note: what we are doing is important for the freedom of Richard Drax: I want to speak very briefly on the our country and for the freedom of our press. As the royal charter, if I may do so again. As a former journalist final irony, I understand from a source—perhaps the of some 17 years’ experience, I am extremely concerned Minister who sums up can reassure me that this is not about where the House is going. What has happened the case—that former MPs who have been disgraced in today has been described by those outside as a bit of a the expenses scandal could stand for the new regulatory love-in; it was self-congratulatory. When all the parties body. If that is the case, what an irony it would be. agree, I am pretty concerned that something is wrong. In this case, to use a military analogy, we have dragged a Question put and agreed to. tank out with nothing on it—just the frame. We have Bill accordingly read the Third time and passed, with parked it on the press’s lawn and said, “Here’s our latest amendments. 765 18 MARCH 2013 Under-occupancy Penalty 766 (Nottingham) Under-occupancy Penalty (Nottingham) Lilian Greenwood: The hon. Gentleman is absolutely right, and I shall come to that point. Motion made, and Question proposed, That this House do now adjourn.—(Greg Hands.) In Nottingham, 6,103 people face the bedroom tax in two weeks’ time. The key website is Homelink, which advertises properties for the arm’s length management 11.53 pm organisation, Nottingham City Homes, and most of the Lilian Greenwood (Nottingham South) (Lab): “Nowhere local housing associations. This week, 21 one-bedroom to go”—that is how today’s Nottingham Post describes properties and 14 two-bedroom properties are available. the crisis facing thousands of social tenants in our city. So even if they were all allocated to households that Why? Because two weeks today the Government are set are currently under-occupying, that would help only to play the cruellest joke on more than 6,000 of our 35 households—fewer than 1% of those affected. That city’s poorest households. On the same day as they is before one considers the 2,269 families in Nottingham deliver a huge tax cut to the UK’s highest earners, they waiting for a two-bedroom property, or the 7,333 individuals plan to take £4.23 million from the pockets of those or couples waiting for a one-bedroom property. people in our city who are least able to afford it. In my constituency, 1,423 households are affected by Whether we call it the bedroom tax, the under-occupancy the bedroom tax. In the whole of the last 12 months penalty or the spare-room subsidy, it is a heartless only 175 of Nottingham City Homes’ one or two-bedroom policy which, the Cambridge Centre for Housing and properties became available to let in Nottingham South, Planning Research concluded, will create “severe hardship” and on average people had waited 78 weeks on the list. for affected households. Worse still, evidence from the local homelessness charity, Let us look at the households affected. Two thirds of Framework, reveals particular problems for tenants them include someone who is disabled, one third are who are in arrears. They have been told that even if they families with children, more than a fifth are working have repayment plans in place, they cannot be considered households on low wages, and many of them do not for a move. As Jon Leighton, who helps co-ordinate the have a spare room at all. They include families whose crisis team for Framework, says: children have their own rooms. Let’s face it, some “Essentially they are stuck. Pay the additional charge or get bedrooms are so small that they are barely big enough into more arrears. And given this is the choice, the likely outcome for one child, let alone two. Many families do not think is eviction proceedings.” it is fair to expect their teenage son or daughter to share The Minister may argue that social tenants should with a toddler, even if they are the same sex, and move into the private sector. How will that cut the children’s education can suffer if they do not have housing benefit bill when, according to figures produced somewhere quiet to study. by the National Housing Federation, the average social So-called spare bedrooms are also needed where couples rent for a two-bedroom property in Nottingham is sleep separately, especially where a husband or wife £64.02, but the average private rent for a one-bedroom cares for their disabled partner and desperately needs a property, into which a household occupying a two-bedroom decent night’s sleep. Some are used to store disability-related social home might be expected to downsize, is £88.85? equipment. Where parents are separated, these bedrooms There is also a question about whether landlords in the are needed for when their children visit at weekends. private sector will be willing to take on tenants on Are the Government really saying that people who live housing benefit, given their significant concerns about in a council or housing association home cannot have a the risks posed by the introduction of direct payments spare room for their children or grandchildren to sleep under universal credit. in when they come to visit? It seems so. People who have The truth is that most people cannot avoid paying the lived in the same house for decades and spent time and bedroom tax, and the Government know it. Their 2012 money making it their home all face the same impossible impact assessment is clear: situation: move out or find the extra money. “Estimates of Housing Benefit savings are based on the current For people in Nottingham, that means on average an profile of tenants in the social rented sector, with little tenant mobility assumed. If a significant number of tenants wished to extra £11 a week if they have one room more than they move, this would reduce direct savings and place extra demands are allowed, or £22 a week if they have two rooms. That on social landlords”. may not sound like very much to the Minister, but for It is clear that the burden of cutting public spending someone on jobseeker’s allowance of £71 a week, it is on housing benefit relies specifically on the inability of the difference between eating or going hungry, turning tenants to move; balancing the books on the backs on the heating or sitting in the cold, borrowing money of poor and vulnerable people. to pay your rent or going into arrears. This morning on Radio Nottingham, a local Tory Member of Parliament Of course, the Minister might claim that this is not did not know what the fuss was about. She had explained about saving money, but about making better use of to her constituent that she should simply move house. our social housing stock. Action to tackle overcrowding But of course, it is not that easy. is important, which is why the Labour Government published good practice guidance on managing under- Jim Shannon (Strangford) (DUP): The bedroom tax occupation and, in 2007, allocated funding to 38 pathfinder and the under-occupancy terminology will affect people areas to devise solutions to address overcrowding and throughout the United Kingdom. In Northern Ireland, focus on under-occupation. we will be £10 million shy in the money available, and Last year Nottingham city council received a grant of 32,000 households will be affected. Is not one of the £75,000 to help tackle overcrowding and under-occupation greatest discrepancies of the whole process that there through its “Right Size” project, a modest amount that are not the smaller occupancy houses to move to, so all it used to good effect. It worked with people to look at these people will have to find the extra money? their options, provided intensive support to help them 767 Under-occupancy Penalty 18 MARCH 2013 Under-occupancy Penalty 768 (Nottingham) (Nottingham) overcome the hurdles to moving home and effectively Lilian Greenwood: My hon. Friend is exactly right. Of held tenants’ hands through the process, in some cases course, this comes on top of huge cuts to local government. covering removal costs. The project was effective, and Nottingham city council was allocated £696,000 to between 1 April 2012 and 28 April 2013, 81 properties support tenants affected by the bedroom tax in the were freed up for families. However, last Friday, after a coming year. That amount will be reduced to take prolonged period of uncertainty, the council finally account of the U-turn on foster carers and armed forces received an e-mail from the Department for Communities personnel, and tenants in Nottingham face a shortfall and Local Government confirming that: of £4.23 million. I do not know whether it will be “Ministers have now decided not to make any further special enough to protect the disabled tenants whose homes grants to councils specifically to tackle under-occupation” have had significant adaptations, but it certainly will Now we know that this is not about addressing under- not be enough to help all those with disabilities, for occupation or overcrowding; it is about cutting public whom the prospect of finding an extra £11 or £22 a spending, taking money from the very households that week is simply terrifying. Of course, when local authorities are least able to bear the burden. It is not just unfair; it target DHP they will have to make impossible choices is immoral. on whether to protect disabled people or the tenants most at risk of homelessness. The Government do not know how many people will be left short, either. When I Chris Leslie (Nottingham East) (Lab/Co-op): My asked the Minister how many households in Nottingham hon. Friend is making her case exceptionally well. In my would be affected, including households with children, constituency, which neighbours hers, the cases that the answer was stark: he did not hold the information. really pull at the heart strings bring the issue most to So how can he possibly come to this House and offer life, particularly when they involve a disabled person in assurances that the vulnerable will be protected? the household. The majority of cases seem to be like that. I think of the young man who had serious problems As a responsible landlord, Nottingham City Homes with schizophrenia. He was just getting into independent is taking action to help its tenants to cope with benefit living and needed an extra bedroom so that his father changes. It has a welfare reform action plan and has could occasionally stay overnight in order to reassure undertaken a range of activities to support tenants, but him when things got particularly difficult. Now, because as chief executive Nick Murphy acknowledges, of the bedroom tax, his whole quest for independent “The combined effect of the bedroom tax, reductions in council living has been thwarted, and he will have to move back tax benefit, changes to disability benefits and direct payment in with his parents. It is the individual cases that illustrate under Universal Credit are creating confusion and uncertainty. At Nottingham City Homes we are doing what we can to help just how heartless and callous the policy is. with information, advice and support but many of the poorest people in Nottingham are going to get poorer as a result of these Lilian Greenwood: My hon. Friend is exactly right. I changes.” wonder how Government Members sleep at night after Of course, we should never forget that behind the what they have done. statistics and the numbers are real people: people whose The Minister might claim that the Government are voices and stories deserve to be heard; people such as protecting the most vulnerable, such as the individual my constituent Paulette Williams, who lives in Radford. my hon. Friend has just mentioned. Ministers have She has rented her three-bedroom house from Nottingham been saying that for months. It was only continued Community Housing Association for the past 21 years. pressure from the Opposition Benches that forced them She had offered to downsize some years ago when her to concede that the Prime Minister’s assurances about youngest daughter left home but was told that she did protection for disabled children, foster parents and members not qualify for a transfer. Last year, Paulette had to take of the armed forces were completely hollow and that ill-health retirement. She has not been offered a suitable exemptions needed to be put in place. small property and does not know how she is going to make up the shortfall from her benefits. I am interested Unfortunately, to suggest that discretionary housing to know how the Minister thinks a 57-year-old woman payment will provide the answer is disingenuous. Nationally, with serious health problems, including a permanent the DHP allocated for 2014-15 makes up less than incapacity, should try to do so. 6% of the £2.2 billion in planned housing benefit cuts According to the Government, pensioners are not for the same year, and the Government have failed to affected by these changes. Try telling that to my constituent provide any assurances on the level of DHP funding as Pat Lister and her husband, who live in Wilford. Pat’s part of the next spending review. The National Audit son has serious mental health problems and has battled Office is critical of how the level of DHP funding has heroin addiction and homelessness. He has achieved been determined, stating that some stability since he got a two-bedroom council flat. “it is not clear how the overall level of funding has been determined He has been in the same flat since 1996. Now all that is or whether it is likely to be sufficient to tackle the effects of at risk. Pat and her husband want to support their son reforms.” but cannot afford to pay the bedroom tax from their pension. Pat told me: Sheila Gilmore (Edinburgh East) (Lab): My hon. “We have reached the end of the line. We are retired and Friend is making a powerful case. Has her council, like support him wherever we can, but this additional burden will mine, considered trying to top up the DHP fund so that place his social housing home out of reach and he must leave…And it can help people? Is this not simply a central Government the wretched cycle of homelessness will begin again. For our cut being imposed on the shoulders of local government, vulnerable son, and nameless others like him.” because topping up the fund means a cut for councils? I called for this debate after I had sat in my surgery Also, the administration involved in the whole process facing Paulette, Pat, and many others whom this is huge, and that is another cost for local government. Government are abandoning to a life below the breadline. 769 Under-occupancy Penalty 18 MARCH 2013 Under-occupancy Penalty 770 (Nottingham) (Nottingham) [Lilian Greenwood] gains tax increases and the cuts in pension tax relief into consideration, she will see that overall we are I have focused on the impact of the bedroom tax, but taking more from higher earners than the previous the situation is even bleaker. On the same day that Government did. tenants face a shortfall in their housing benefit, they, Let me focus on the specific issues that the hon. Lady along with low-income households in the private rented raised. A number of voices were silent in her remarks. sector, face a cut in the help that they get with their She used the word “fairness” and seemed to think that council tax. According to Nottingham city council, the the suggestion that benefits should, broadly speaking, shortfall for the scheme is £6.2 million in 2013-14—a support a household size that a family needs rather than reduction of nearly 18% in funding as a result of central spare rooms was immoral, but that had been the case Government cuts. This year 19,000 people in Nottingham for private sector tenants for a long time under Labour will have to pay at least 8.5% of their council tax bill. In party policy.The local housing allowance scheme introduced 2014-15, when transitional protection expires, that could by the previous Government was, broadly speaking, for rise to 20% or more. The situation is set to get worse, benefits to cover the household size needed. Why is it not better. Rents and prices are currently rising by more immoral to ask social tenants to pay the cost of a spare than 2.5%. With benefits capped at 1%, the poorest room, but not private sector tenants? households will find their incomes squeezed even further over the coming months. Graham Jones (Hyndburn) (Lab): Will the Minister This chaotic policy is wreaking havoc on the lives of give way? many of my constituents. I hope that I have convinced the Minister of the disastrous effect that it is having in Steve Webb: I am sure that the hon. Gentleman will Nottingham, as it is in cities across the country. He forgive me if I continue to respond to the points raised should take this opportunity to do the right thing and by the hon. Member for Nottingham South. scrap this wretched bedroom tax. Why is it acceptable to restrict private sector tenants on a low income, but okay to allow social tenants to 12.9 am have a spare room? The Minister of State, Department for Work and Pensions (Steve Webb): I congratulate the hon. Member for Julie Hilling (Bolton West) (Lab): Will the Minister Nottingham South (Lilian Greenwood) on securing give way? this debate. She made no reference whatsoever to the context in 2010 in which an incoming Government had Steve Webb: I hope that the House will forgive me, to make decisions or to the fact that the previous but I want to respond to the points raised by the hon. Government spent £150 billion more in their final year Member for Nottingham South and have limited time in office than they had coming in. She knows perfectly to do so. well—she did not mention this, but she knows it—that There is an issue of fairness as between private sector any incoming Government, including an incoming Labour tenants on a low income and social tenants on a low Government, would have sought to take tens of billions income, but there is also a second issue of fairness. Our of pounds out of public spending. She also knows that estimates for Nottingham are ballpark figures—the hon. out of public spending there are two big things on Lady is right to say that we do not have exact figures for which Governments spend money. The first is public her constituency, but we do have regional figures and sector pay, on which the Opposition were very slow to we can estimate overcrowding—but we estimate that of agree with us—they have now finally agreed—that restraint the order of 2,000 or so households there are overcrowded. was required. The second is what is loosely called welfare— benefits, tax credits and pensions. It is completely Lilian Greenwood: I thank the Minister for giving implausible that an incoming Labour Government would way. I specifically asked Nottingham to provide me with not have cut social security spending. This is not a the figure for the number of people who face overcrowding debate about whether social security spending has to be and it is just short of 630 households, compared with cut back; it is about how. 6,103 households that face the bedroom tax. Lilian Greenwood: Will the Minister explain why his Steve Webb: One figure over which there is no dispute Government will deliver a tax cut at the beginning of is the number of people on the housing waiting list in April for the highest earners in the UK? Individual Nottingham, which is 12,000. They are desperate for a millionaires will get more than £100,000 each. Why is he family home or for family accommodation, whereas choosing to balance the books on the backs of poor 6,000 households have spare bedrooms. people in my city?

Steve Webb: I would be happy to respond to the hon. Graham Jones: Will the Minister give way? Lady’s question, although I was trying to keep to the subject of her debate. The higher rate of income tax in Steve Webb: No. There is an issue about fairness April will be 45%. For 13 years under the previous between social and private tenants and between those Labour Government the highest rate of income tax was who face overcrowding and are desperate for a home not 45% but 40%. If she thinks that a 45% rate of and those who have spare rooms, and about fairness for income tax is immoral, why was a 40% rate acceptable those on the waiting list. for 13 years under the previous Labour Government? In The hon. Member for Nottingham South raised a addition, higher earners will pay a bigger share of tax as number of specific issues to which I want to respond. a result of a combination of measures. The hon. Lady She asked whether people who will find themselves in has chosen to mention one, but if she takes the capital the private sector will be able to rent if they are on 771 Under-occupancy Penalty 18 MARCH 2013 Under-occupancy Penalty 772 (Nottingham) (Nottingham) housing benefit. The number of people in the private people have spare bedrooms, they should either put sector on local housing allowance recently passed somebody in them or pay for them, perhaps by earning the million mark, so more than a million people in the more if they are able to. private sector are getting housing benefit. The suggestion It is important to say that the price we are asking for that landlords will not rent to people on housing benefit a spare bedroom is just under £2 a day in Nottingham. is therefore demonstrably false. That is what we are asking private renters on a low income to contribute anyway. Lilian Greenwood: I would be interested to hear whether the Minister ever speaks to anybody in Nottingham, Graham Jones: Will the Minister give way? because the experience of social tenants who are finding it difficult to move into the private sector was provided Steve Webb: No. to me by the local homelessness charity, Framework, We are asking private renters in Nottingham and which has a pretty good idea of what is happening in elsewhere to pay just under £2 a day for a spare room. our city. Obviously, if somebody is on benefit, that it not easy. However, for those who want to retain their spare room, Steve Webb: All I can say to the hon. Lady is that that is the contribution that we are asking. Many people there are more than 1 million people on housing benefit on a low income who are renting in the private sector in the private rented sector. There is not a little island pay that money. called Nottingham where those people do not exist. There were scare stories about mass evictions and Across the United Kingdom, private sector landlords homelessness before the limits came in for the private are renting to people on housing benefit. rented sector, but those things have not happened. Just The hon. Lady mentioned Nottingham City Homes. the sort of alarmist language that the hon. Lady used I welcome some of the measures that it is taking to about mass evictions and the rest of it was used before assist people who are affected by this measure. For the caps came in for the private rented sector. In some example, it has produced a lodger guide so that any cases, people have traded down. In other cases, people tenant who wishes to take in a lodger has information have made a contribution towards retaining the spare about how to do so. That will not be the answer for room. everyone, but it will be the answer for some. It will mean The hon. Lady mentioned the Department for that there is better use of the scarce resource that is the Communities and Local Government and ring-fenced empty or unused bedroom in social housing. funding for under-occupation. She will know that the The hon. Lady mentioned HomeSwapper, a mutual strategy of the DCLG has been to let local authorities exchange website that Nottingham City Homes is decide their own priorities and not to have ring-fenced encouraging people to refer to. That is very welcome funding. because it tries to make better use of the valuable social The hon. Lady mentioned the combination of this housing that we have. Nottingham City Homes ran measure and other measures. She mentioned the reduction what I think it called a speed-dating event to help match in support for council tax benefit. Nottingham city council people who want to move to smaller properties with has taken the decision to charge some of its working-age those who want to move to larger homes. It is true that benefit recipients a contribution to the council tax. Not this measure saves money, but it also leads us to make all local authorities have done that. better use of the very underutilised resource of our social housing stock. As these initiatives demonstrate, there Lilian Greenwood: It did not have any choice. are some people living in overcrowded accommodation, whose voice was silent in the hon. Lady’s speech, and Steve Webb: Well, other local authorities have avoided some people who are living in accommodation with doing that. It is noticeable that many Labour-led local spare rooms. authorities have decided to pass the cost on to their There is an issue with what one might loosely call tenants. For example, my local authority of South “hard cases”. Those include people for whom a spare Gloucestershire has not passed on the cut to tenants, so bedroom is not spare, but is very important. The hon. they will receive full council tax benefit. Nottingham Lady dismissed in a very new Labour sort of way the city council, however, has decided to expect its low-income £700,000 that is being given to Nottingham next year in tenants to make a contribution. The hon. Lady said discretionary housing payments, as if it is a drop in the that Governments have to make choices, but so do local ocean or a trivial sum of money. That money is being authorities. Nottingham council has decided to charge given to local authorities so that they can assist people low-income working age households a contribution towards on a case-by-case basis who approach them and say that their council tax. That was its decision. there is a particular reason why the measure would be Looking forward to the changes we have made, foster unfair or adverse in their case. families were mentioned and the Government have been clear throughout that we want to protect such Chris Leslie: Will the Minister give way? families. Our original strategy was to put the £5 million that we think it will cost to protect those families into local government budgets through discretionary payments, Steve Webb: I hope that the hon. Gentleman will but, partly because of the alarmist scaremongering forgive me if I try to respond to the hon. Lady. about foster families, we decided it was far better to It is said that the money will help only a relatively avoid any anxiety on that point and simply to entitle small proportion of people. That is entirely true because foster families to an extra bedroom at the same cost. We it is for exceptional cases. The basic principle is that if have not had to find extra money for that measure 773 Under-occupancy Penalty 18 MARCH 2013 Under-occupancy Penalty 774 (Nottingham) (Nottingham) [Steve Webb] spare bedroom. To be clear, the rules allow for a non-resident carer who has to stay overnight to have a room. Obviously, because it was there already. We always said that we I do not know the full details of that individual case, would protect those families, and we will. However, we but a spare bedroom is allowed for a non-resident carer. will do so directly because when we relied on discretionary payments, Opposition Members claimed that we were Chris Leslie: I am afraid that the carer rules do not not going to support foster families, which caused concern capture that particular case, but I wanted to ask the among those families. Giving foster families a right to a Minister a particular question about the bedroom tax— room seemed a more direct way of providing that sorry, the spare room subsidy. I know the name is support. Likewise, we have made it clear, as the Prime important, much like the community charge which some Minister did— people did not want to call the poll tax. Can the Minister provide a figure for the number of households Chris Leslie: Will the Minister give way? affected by the bedroom tax that include a disabled person? Steve Webb: No. I only have a couple of minutes left. I have made my point clear. As the Prime Minister Steve Webb: The hon. Gentleman glossed over his made clear from the Dispatch Box a couple of weeks constituent’s case, but to be clear for the record, a spare ago, families with disabled children who cannot share a bedroom is allowed for a non-resident overnight carer room will have the right to an extra room if they and it is important that he does not alarm people about approach their local authority and make their case. the issue. In our impact assessment we published the Provided that case is accepted, they will have a right to a number of disabled people affected by the change, and, room. There are a number of elements where we have as he knows perfectly well, around one in three—broadly either given a right to a room, and the hon. Gentleman speaking—of those affected by the measure is receiving for, I think, Shipley— the disability living allowance. Time is running out, but simply to say— Chris Leslie: No.

Steve Webb: No. I apologise. I am sorry, I cannot 12.23 am remember the hon. Gentleman’s constituency, but he House adjourned without Question put (Standing Order cited a case where a carer had to come in and use a No. 9(7)). 31WS Written Ministerial Statements18 MARCH 2013 Written Ministerial Statements 32WS

sizes. With forecast demand for around 27,000 new Written Ministerial large passenger aircraft, worth $3.7 trillion, between now and 2030 this is a sector with real growth potential. Statements However, new manufacturing processes, new skills and a flexible and adaptable supply chain will be critical if the UK is to grasp these opportunities. This strategy Monday 18 March 2013 sets out how Government and industry will work together to address these challenges. (A step change in technology is needed if these aircraft are going to deliver the improvements in efficiency and BUSINESS, INNOVATION AND SKILLS environmental performance needed to make air travel sustainable. The UK is well placed to lead on developing many of these technologies, but we need to start now if Industrial Strategy we are to have the right capabilities in place. As part of the strategy we will build on our earlier investment in the UK Aerodynamics Centre and create a new Aerospace The Secretary of State for Business, Innovation and Technology Institute. Over the next seven years the Skills (Vince Cable): In September last year, I set out Government will invest £1 billion in this initiative, a the Government’s new industrial strategy for the UK. commitment that industry has pledged to match. This would be a long-term, whole of Government approach, with partnership with industry at its heart. It can take up to 15 years to develop a new aircraft. This strategy gives industry the long-term certainty it As part of the UK’s new industrial strategy, I was needs to ensure that the UK remains ones of the world’s clear that the Government will continue to support most attractive location for aerospace manufacturing). successful sectors. A copy of the strategy has been placed in the Library Reflecting this commitment, today I am delighted to of the House. announce the Government are committing over £1.6 billion during the next 10 years to back our industrial strategy. This includes over £1 billion new money from Treasury TREASURY and over £500 million from my Department’s budget. Working in partnership with business we will aim at Double Taxation Convention least to double this with industry funding. The first strategy we will support with this funding The Exchequer Secretary to the Treasury (Mr David will be aerospace. Further strategies will be published in Gauke): New double taxation conventions with the the coming months, including agri-tech in May and Kingdom of Norway and the Kingdom of Spain were automotive in July. signed on 14 March 2013. The texts of the conventions The strategies will set out how our partnerships will have been deposited in the Libraries of both Houses help the UK respond to and seize the challenges of new and made available on HM Revenue and Customs’ forms of aircraft and low emission, low-noise engines; website. The texts will be scheduled to draft Orders in the cars of the future in a low-carbon environment and Council and laid before the House of Commons in due the challenge of harnessing agricultural science to achieve course. sustainable improvement of agriculture in the UK and overseas. Economic Development Today, we are publishing the aerospace industrial strategy. The delivery of the strategy will be supported The Financial Secretary to the Treasury (Greg Clark): through a joint, equally funded Government/industry Today the Government are publishing their response to investment of £2 billion over seven years to create a new the Heseltine review, copies have been laid in the House. UK Aerospace Technology Institute (ATI). Based on Lord Heseltine set out an ambitious vision in his review the UK’s potential to develop technology to sustain and and the Government have responded, accepting the grow its future market share in aerospace, the ATI overwhelming majority of his recommendations. could secure up to 115,000 jobs in the sector and its At the centre of the Government’s response is action supply chains in the long term. to tackle excessive centralisation. The Government will The strategy has been developed jointly with business create a new single local growth fund from 2015 that through the aerospace growth partnership, which we will include the key economic levers of skills, housing established in 2010. It builds on the strategic vision and transport funding. Full details will be set out at the published at the Farnborough air show last July. It sets spending round. The Government will negotiate a local out an ambitious programme to keep the UK firmly at growth deal with every local enterprise partnership the forefront of world aerospace manufacturing and (LEP)—with the allocation of funds and flexibilities ensure that we can address the challenges of increasing reflecting the quality of the LEP’s strategic economic global competition and changes in technology. It is plan and the capacity of the local area based on ensuring that the UK has the capabilities to be at the leading edge of the design, development and Counter-Terrorism Act 2008 (Schedule 7) production of wings, engines, aerostructures and advanced systems. The Financial Secretary to the Treasury (Greg Clark): The aerospace sector employs 230,000 people across My noble friend the Commercial Secretary to the Treasury, the UK. It is a key part of our advanced manufacturing Lord Deighton, has today made the following written base providing work for around 3,000 companies of all ministerial statement: 33WS Written Ministerial Statements18 MARCH 2013 Written Ministerial Statements 34WS

Paragraph 38 of schedule 7 to the Counter-Terrorism Act 2008 General Licence 6—provided a seven-day grace period to requires the Treasury to report to Parliament after each calendar allow payments in progress under existing contracts to be year in which a direction under the schedule is at any time in completed. force. This report provides details of the Treasury’s exercise of On 21 November 2012 the Treasury issued six general licences their functions under schedule 7 during the calendar year 2012. exempting certain activities from the requirements of the 2012 The Schedule 7 powers order. General licences 1 to 5 replicated the provisions of those issued in respect of the 2011 order. The new general licence Schedule 7 provides HM Treasury with powers to implement a 6 permitted transactions or business relationships already authorised graduated range of financial restrictions in response to certain under the 2011 order. risks to the UK’s national interests. The risks it addresses are Applications for licences in respect of transactions that fell those posed by money laundering, terrorist financing and the outside the scope of the six general licences were assessed on a proliferation of chemical, biological, radiological and nuclear case-by-case basis. weapons. Between 1 January 2012 and 31 December 2012, 142 licences Direction given under the powers in Schedule 7 were issued and none were refused: The Financial Restrictions (Iran) Order 2011 (“the 2011 order”) Seventy-two licences were issued under the 2011 or 2012 came into force on 21 November 2011. The order contained a order, and 70 licences were issued in relation to transactions direction by the Treasury requiring all UK financial and credit that were caught under both the UK order and EU regulation institutions to cease business relationships and transactions with 267/2012 (or EU regulation 961/2010 which it replaced in all banks incorporated in Iran, including all subsidiaries and March 2012). branches of such banks, wherever located, and the central bank Over half of the licences were issued in connection with of Iran. payments due by an agreement or contract concluded before the prohibitions. Licences were also issued to facilitate UK The 2011 order was issued on the basis that activity in Iran that banks exiting their relationships with Iranian banks in accordance facilitates the development or production of nuclear weapons with the order and the winding down of frozen Iranian posed a significant risk to the national interests of the UK. The banks in the UK, for business relationships, and to permit decision was made because of the risk caused by the activity of specific transactions such as humanitarian payments, personal Iranian banks in facilitating the development or production of remittances, legal expenses and the repayment of loans. nuclear weapons. Iranian banks play a crucial role in providing financial services to individuals and entities within Iran’s nuclear The Financial Restrictions (Iran) Order was revoked on 31 January and ballistic missile programmes. Iranian banks can be exposed 2013. The Treasury will report further on the revocation in the to the risk of being used by proliferators in Iran’s nuclear and 2013 report. ballistic missile programmes. In accordance with paragraph 15(4) of schedule 7, the 2011 order ceased to have effect at the end of the period of one year Tax Avoidance beginning with the day on which it was made, on 20 November 2012. The Financial Restrictions (Iran) Order 2012 (“the 2012 order”) The Chief Secretary to the Treasury (Danny Alexander): was made and came into force on 21 November 2012, immediately Autumn statement 2012 announced that HMRC would on expiry of the 2011 order. The 2012 order contained a direction review the use of offshore employment intermediaries. by the Treasury in the same terms as that in the 2011 order. The As a result of that review, the Government will strengthen decision to give the direction in the 2012 order, in effect maintaining obligations to ensure the correct income tax and national the restrictions in the 2011 order in place, was made because of insurance contributions are paid by offshore employment the continued risk to the national interests of the UK caused by the activity of Iranian banks in facilitating the development or intermediaries. Cracking down on this avoidance will production of nuclear weapons. The direction mitigates the risk benefit the Exchequer by almost £100 million a year. to the financial sector of being involved in proliferation financing. HMRC will publish a consultation on the detail of the changes in May and the Government will legislate in Licensing Finance Bill 2014. Under paragraph 17 of schedule 7, the Treasury can exempt acts specified in a licence from the requirements of a direction requiring the cessation or limiting of transactions or business COMMUNITIES AND LOCAL GOVERNMENT relationships between UK and Iranian banks. In operating the licensing regime in respect of the 2011 and Regional Planning (Abolition) 2012 order, the Treasury’s aim was to minimise the impact of the restrictions upon third parties, without compromising the objective The Secretary of State for Communities and Local of the direction. Government (Mr Eric Pickles): I am pleased to announce Six general licences were issued by the Treasury exempting the coalition Government’s decisions to revoke the regional certain activities from the requirements of the 2011 order: strategies for the east midlands and the north-east. General Licence 1—permitted existing and new transactions These decisions follow region-specific assessments as involving transfers of under ¤40,000 for humanitarian purposes; outlined in the written ministerial statement of 25 July General Licence 2—allowed personal remittances under ¤40,000. 2012, Official Report, House of Lords, columns WS66-68. (This licence included cover for payments of up to ¤40,000 Orders giving effect to these decisions will be laid in to students studying in the UK); Parliament shortly. General Licence 3—permitted existing or new transactions The revocation of these regional strategies is another related to the provision of insurance permitted by EU regulation step forward for localism. It completes the decentralisation 267/2012; of planning powers in the former Government office General Licence 4—allowed UK banks to continue to hold regions of the east midlands and north-east and sends a accounts for asset-frozen Iranian banks and credit payment powerful message to local councils and local people to those accounts in accordance with EU regulation 267/2012; across those parts of the country. It says that we trust General Licence 5—allowed UK banks to continue to hold them and believe that they, and not central Government, accounts of non-frozen Iranian banks, although they could are best placed to plan and deliver communities that not process any transactions on these accounts; and reflect the aspirations of local people. Once the regional 35WS Written Ministerial Statements18 MARCH 2013 Written Ministerial Statements 36WS strategies are revoked, development plans across these proposal is to address concerns about significant delays two areas will comprise local plans, and where they and costs associated with vehicle authorisation that can exist, neighbourhood plans. This is a significant shift of occur in some member states (although this is not a power that will benefit the everyday lives of people. problem within the UK). The proposal would also Policy S5 of the Northumberland County and National make a key change to the process for the authorisation Park Joint Structure Plan First Alteration (February of rail vehicles in the EU. It is proposed that this 2005) will remain in place because it enables the extension activity is only carried out by the European Railway of the green belt around Castle Morpeth and so plays Agency instead of by the national safety authorities an important role in preserving the cultural and within each member state. I noted that while there were environmental heritage of the local area. This reflects clearly problems with the authorisation process which the Government’s commitment to safeguarding green merited consideration, these were not causing particular belt protection. problems in the UK. I suggested that the rail undertaking could be given a choice to go to either the national The reasons for the decision to revoke these regional authority or the European Rail Agency for approval of strategies are set out in the post-adoption statement for rolling stock. each region, which will be placed in the Library of the House and published on the Department’s website at: The Council also debated the recently published legislative proposal that would require member states to make East Midlands available adequate infrastructure for alternative fuels. I https://www.gov.uk/government/consultations/strategic- welcomed the proposal and supported work to harmonise environmental-assessment-about-revoking-the-east-midlands- technical standards for alternative fuels, but noted that regional-strategy-environmental-report. a technology neutral approach was needed. North East The presidency reported on progress at official level https://www.gov.uk/government/consultations/strategic- discussions on the air safety reporting on occurrence. environmental-assessment-about-revoking-the-north-east- regional-strategy-environmental-report. The Commission stated that the aim of the proposal was to provide a more efficient and uniform occurrence These decisions follow the revocation of the regional reporting system, focused on improving safety which strategies for the east of England, Yorkshire and Humber would enable personnel in safety critical roles to freely and the laying of an order to revoke the regional report incidents without fear of recrimination. strategy for the south-east. Under any other business, the Commission gave an Further decisions on the remaining regional strategies update on its “Stop the Clock” proposal on the aviation will be made in due course. ETS directive. This proposal which is in the final stages of adoption, aims to facilitate a global agreement on tackling emissions from aviation at the General Assembly TRANSPORT of the International Civil Aviation Organisation (ICAO) in September 2013. EU Transport Council WORK AND PENSIONS The Secretary of State for Transport (Mr Patrick McLoughlin): I attended the first Transport Council of State Pension Reform the Irish presidency (the presidency) in Brussels on Monday 11 March. The Council held a debate on the proposal for a The Minister of State, Department for Work and directive of the European Parliament and of the Council Pensions (Steve Webb): I shall shortly be making a on the interoperability of the rail system—part of the statement about changes to the timetable for the Commission’s fourth railway package. The aim of the introduction of state pension reform.

363W Written Answers18 MARCH 2013 Written Answers 364W

As Attorney-General, also in this respect acting Written Answers to independently of Government and Parliament, I have statutory superintendence of the Director of Public Questions Prosecutions and, through him, the CPS. The relationship between the Attorney-General and the DPP was considered in the Constitutional Renewal programme under the Monday 18 March 2013 last Government and resulted in a protocol between the Attorney-General and the DPP.The protocol is publicly available. My answerability in Parliament in respect of the DPP means that the Attorney-General is ready always ATTORNEY-GENERAL to seek to explain to Parliament the role, the policies Autonomy and the approach to decision-making of the CPS. Parliament, in turn, has always recognised that the merits of any prosecution decision, and (the guilt or Emily Thornberry: To ask the Attorney-General whether innocence of individuals, must be determined in the the Serious Fraud Office has decided to investigate the usual way by the courts rather than public debate. sale of Autonomy or refer the case to another law enforcement agency. [148368] In addition, the Director has himself given evidence to the Justice and Home Affairs Committees. As The Attorney-General: Allegations have been made to Accounting Officer for the CPS, he is directly accountable the SFO about the circumstances of the sale in 2011 of to Parliament for the expenditure of public funds. autonomy to Hewlett Packard. The Director of the Serious Fraud Office has decided to open an investigation John Hemming: To ask the Attorney-General how into these allegations, with a view to using his powers of many private prosecutions have been taken over and investigation to allow them to be tested. discontinued by the Crown Prosecution Service since January 2000; and if he will make a statement. [147845] Emily Thornberry: To ask the Attorney-General on what date the Serious Fraud Office (a) opened an The Solicitor-General: The Crown Prosecution Service investigation into the sale of Autonomy, (b) became (CPS) does not hold any management information centrally aware of a possible conflict of interest in conducting on the number of private prosecutions referrals it has that investigation and (c) initiated internal enquiries received from January 2000 to February 2011. into that possible conflict of interest. [148370] Since February 2011, the CPS has maintained information for its own internal management purposes The Attorney-General: The SFO has always been on the number of private prosecutions referrals it has aware of the risk of conflict or perception of conflict in received. The information should be treated with caution this case. It has, from the outset, kept the issue under as it was intended for internal use only, and may not careful-review, and it will continue to do so as the have captured every case referred to the CPS; but, it investigation develops. The Director accepted the case gives a good indication of the general level of referrals for investigation on 31 January 2013. of private prosecutions to the CPS and what happened to the cases. The information shows the CPS has been Chris Huhne and Vicky Pryce referred 49 cases since February 2011 and 28 where at least one charge has been taken over and stopped. Emily Thornberry: To ask the Attorney-General what the cost to the Crown Prosecution Service was of Emily Thornberry: To ask the Attorney-General how prosecuting (a) Chris Huhne and (b) Vicky Pryce. many compromise agreements have been entered into [148286] by departing Crown Prosecution Service staff since 2010; and whether any of these agreements The Attorney-General: The cost to the Crown Prosecution contained gagging clauses. [148293] Service (CPS) of prosecuting (a) Chris Huhne and (b) Vicky Pryce was approximately £117,500. Joint proceedings The Solicitor-General: The number of compromise were brought against Mr Huhne and Ms Pryce and, agreements with confidentiality clauses entered into by accordingly, it is not possible to quantify with certainty departing Crown Prosecution Service (CPS) staff each the cost of prosecuting either individually. year since 2010 is shown in the following table: Crown Prosecution Service Number of agreements

John Hemming: To ask the Attorney-General what 2010 9 assessment he has made of the robustness and 2011 13 effectiveness of the present form of accountability and 2012 20 oversight of the Crown Prosecution Service. [147844] 2013 to date 4 Total to date 46 The Attorney-General: It is of fundamental constitutional importance, and a legal requirement, that the prosecuting authorities act independently of Government and Leave Parliament so that all prosecutorial decisions are made, and are seen to be made, free of any political influence, Priti Patel: To ask the Attorney-General how many based solely on an assessment of the evidence and of officials in (a) the Law Officers’ Departments and (b) the public interest. each of its agencies and non-departmental public bodies 365W Written Answers18 MARCH 2013 Written Answers 366W qualify for privilege days; and what the total cost to the ENERGY AND CLIMATE CHANGE public purse was of the number of privilege days utilised each year by such officials. [147731] Biofuels

The Attorney-General: All officials working in the Jackie Doyle-Price: To ask the Secretary of State for Law Officers’ Department qualify for privilege days. Energy and Climate Change what steps his The current entitlement is 2.5 privilege days per year in Department is taking to secure biomass conversion on addition to bank holidays and their annual leave entitlement. existing sites. [148347] The privilege days are the Queen’s birthday, a day at Christmas and a half day on Maundy Thursday. As Mr Hayes: The Department provides support for the part of the Civil Service Reform Plan the entitlement conversion of existing power stations through the will reduce to one day during 2013-14. Renewables Obligation. Until 31 March 2013, support is available for fully converted stations at a rate of The number of officials who currently qualify for l.5 ROCs per MWh. From 1 April 2013, subject to State privilege days and the cost for each Department is Aid approval, support for stations converting to biomass shown in the following table. The cost of the current will be available as set out in the following table. arrangements can only be estimated by taking the total salary cost and giving an average cost for each day’s pay. Band ROC support per MWh

Number of officials Low-range co-firing of biomass 0.3 ROCs until 31 March 2015 who qualify for Estimated cost of 0.5 ROCs from 1 March 2015 Department privilege days privilege days (£)

Treasury Solicitor’s 1,024 390,000 Mid-range co-firing of biomass 0.6 ROCS Department1 Serious Fraud Office 303 107,000 Crown Prosecution 7,346 2,191,000 High range co-firing of biomass 0.7 ROCs until 31 March 2014 Service 0.9 ROCs from 1 April 2014 1 The data include the Attorney-General’s Office and Her Majesty’s Crown Prosecution Service Inspectorate Biomass conversion 1 ROC Rape: Trials Furthermore, we published on 14 March 2013, the Government’s ‘Final Investment Decision Enabling for Robert Flello: To ask the Attorney-General how Renewables’ programme which sets out the opportunity many (a) victims and (b) witnesses in rape cases who for an early form of Contract for Difference and will be gave evidence in courts in (i) 2010, (ii) 2011 and (iii) available to biomass conversions. 2012 were advised by the Crown Prosecution Service The Government aims to offer investment contracts not to receive counselling. [148121] to successful applicants in the autumn, based on the draft strike prices and contract terms that will be published The Solicitor-General: Advice by the Crown Prosecution in the summer under the First EMR Delivery Plan. Service (CPS) on the decision whether witnesses receive counselling has been available since 2001. The guidance: By helping developers make final investment decisions ‘Provision of therapy for Vulnerable or Intimidated this year, this process should allow construction to start Adult Witnesses prior to a criminal trial’ and ‘Provision on a number of projects sooner than otherwise would of therapy for Child Witnesses prior to a criminal trial’, have been the case. was endorsed by the Home Office, Department of Health Decisions about the choice of scheme and whether to and the Attorney-General’s Office and is available on convert existing plants from fossil fuel to biomass will the CPS website at: need to be taken by investors in those facilities. http://www.cps.gov.uk/legal/s_to_u/#1gT Whether a victim or witness should receive therapy Jackie Doyle-Price: To ask the Secretary of State for before a criminal trial is not a decision for the CPS. Energy and Climate Change what estimate he has made Such decisions can only be taken by the victim or witness of the loss in generating capacity if his planned or his or her carer, in conjunction with the professionals biomass conversion projects do not materialise. [148348] from the agencies providing a service to the victim or witness or with responsibility for the victim or witness’s Mr Hayes: The impact assessment accompanying the welfare. The best interests of the victim or witness, Government response to the banding review published whether an adult or child, are paramount in decisions in July 2012 estimated around 3.2 GW of renewable about the provision of therapy before the criminal trial. capacity from enhanced co-firing and biomass conversion over the banding review period (2013-14 to 2016-17). Serious Fraud Office The estimate above represents the biomass capacity of these plants, not the capacity of the entire coal plant. The commercial decision to convert to biomass is taken Emily Thornberry: To ask the Attorney-General by individual operators, who may have a number of whether the Serious Fraud Office is being sued by any operating options available to them. current or former members of staff. [148742] Debbie Abrahams: To ask the Secretary of State for The Solicitor-General: No former or current employees Energy and Climate Change what assessment he has made are suing the SFO, but there is one employment tribunal of the effect on imports of a cap on subsidies on (a) listed. current and (b) future imports of bioliquids. [148558] 367W Written Answers18 MARCH 2013 Written Answers 368W

Mr Hayes: In July 2012, we published the Government The UK CCS Research Centre’s new specialist research response to the RO banding review consultation explaining facilities will begin operations early next year at Beighton. the decisions reached on support for electricity generated We have funded several projects in the area through our from bioliquids. The Government response was £125 million research and development programme and accompanied by an impact assessment of the RO banding Yorkshire is also represented in the shortlist of our decisions. £1 billion CCS competition. We are introducing a 4% cap on the proportion of Decarbonisation their renewables obligation that electricity suppliers can meet using certificates issued for electricity generated from bioliquids (with exceptions for CHP stations below Mr Bain: To ask the Secretary of State for Energy 1 MW,energy from waste with CHP, advanced conversion and Climate Change what recent representations he has fuels and microgenerators). The bioliquids cap equates received on decarbonisation of the power sector by to approximately 2 TWh of bioliquid electricity generation 2030. [147707] in 2017. The modelling for the impact assessment accompanying the Government response to the RO Gregory Barker: The Department has received banding review showed that the support levels set for representations on the decarbonisation of the power April 2013 onwards are not expected to bring on additional sector by 2030 from a range of stakeholders in recent new deployment of bioliquid electricity generation, however, weeks, including the Committee on Climate Change, this is uncertain and there could be a small amount of industry, and Members of Parliament. new deployment of low cost bioliquid generation. This is a very important matter and we have made it The impact assessment does not assess the likely our priority to respond in the most helpful way possible. source of the bioliquids. However, to date the vast Our view remains that we are doing the right thing by majority electricity generated through the RO from taking new powers through the Energy Bill to set a bioliquids has been wastes, and we expect most of these target in 2016, at the same time as setting the level of will have been sourced from the UK. Only electricity the fifth carbon budget. generated from bioliquids which meet the mandatory Electricity Generation sustainability criteria are eligible for support, regardless of their source. Mr Bellingham: To ask the Secretary of State for Carbon Capture and Storage: Yorkshire Energy and Climate Change what proportion of electricity generated was contributed by each mode of generation Julian Smith: To ask the Secretary of State for in the latest period for which figures are available. Energy and Climate Change what discussions he has [148791] had on the implementation of carbon capture and storage projects in Yorkshire. [147698] Mr Hayes: The following table shows the electricity generation broken down by generation mode, for 2011 Mr Hayes: Yorkshire is emerging as one of the areas and quarter 3 2012, the latest year and quarter for of the UK with a hive of CCS activity. The UK’s first which this information is available. Provisional data for carbon capture pilot was launched at Ferrybridge last quarter 4 2012 and 2012 as a whole will be available on year with Government funding. 28 March 2013.

2011 percentage of total Q3 2012 percentage of total 2011 generation (TWh) generation Q3 2012 generation (TWh) generation

Coal 108.6 29.5 28.7 35.4 Oil 3.7 1.0 0.7 0.9 Gas 146.8 39.9 22.8 28.2 Nuclear 69.0 18.8 18.0 22.3 Hydro (natural flow) 5.7 1.5 1.0 1.3 Wind and Solar PV 15.7 4.3 4.7 5.8 Bioenergy 13.0 3.5 3.8 4.7 Pumped Storage 2.9 0.8 0.7 0.9 Other Fuels 2.4 0.7 0.6 0.7 Total 367.8 81.0 Source: Energy Trends table ET 5.1, available at: https://www.gov.uk/government/publications/electricity-section-5-energy-trends A full breakdown of renewable electricity generation can be found in table ET 6.1 at: https://www.gov.uk/government/publications/renewables-section-6-energy-trends

David Mowat: To ask the Secretary of State for within the capacity market. This is why we have committed Energy and Climate Change what measure the Government to putting in place transitional arrangements within the intends to use to determine whether participation of capacity market which will help develop the capacity demand-side response, including embedded generation, and capability of the DSR sector. These arrangements within the capacity mechanism is successful. [148964] will allow us to better understand how to get the best out of DSR within the capacity market and how the Mr Hayes: The Government is committed to ensuring industry is developing within the GB market. The terms that demand side-response (DSR) can participate effectively 369W Written Answers18 MARCH 2013 Written Answers 370W of the transitional arrangements, including the process No later than April 2018, all private rented properties to review success, remain under development. Further (domestic and non-domestic) will be brought up to a details will be published in May 2013. minimum energy efficiency standard rating, likely to be set at EPC rating ‘E’. Green Deal Scheme Mr Wallace: To ask the Secretary of State for Energy and Climate Change whether he plans to review the Christopher Pincher: To ask the Secretary of State for Green Deal after two years. [148529] Energy and Climate Change what steps he plans to take to remove barriers to entry to the Green Deal Gregory Barker: As set out in the Energy Act 2011 at from (a) energy companies, (b) Green Deal delivery section 109 (1), the Government will publish by the end providers and (c) householders. [147581] of 2014 the first annual report into the extent to which the Green Deal has contributed to the carbon budgets Gregory Barker: The Green Deal framework has set under section 4(l)(b) of the Climate Change Act been designed to enable organisations of all sizes to be 2008. able to participate in the market. DECC has actively supported entry of smaller or new organisations by Green Deal Scheme: Worcester waiving registration and lodgement fees for the first two years as well as providing £3 million for the training of Mr Robin Walker: To ask the Secretary of State for Green Deal advisers and installers of solid wall insulation. Energy and Climate Change how many homes in In order to give an early boost to the Green Deal Worcester have applied for assessments under the market, Government also opened a cash back scheme Green Deal in 2013. [147835] in January which will make cash payments—which could be £1,000 or more in some cases—to early customers Gregory Barker: DECC will publish geographic of the Green Deal. breakdowns of Green Deal assessments in the June 2013 quarterly official statistics release. Up to end of Diana Johnson: To ask the Secretary of State for February for the whole of Great Britain there were Energy and Climate Change how many homes have so 1,803 Green Deal assessments lodged on the central far (a) registered and (b) received funding from the register. Green Deal scheme since its inception; and how many of these homes are located in (i) Kingston upon Hull Mr Robin Walker: To ask the Secretary of State for and (ii) Kingston upon Hull North constituency. Energy and Climate Change what estimate he has made [148462] of new employment opportunities in (a) Worcester and (b) Worcestershire as a result of the Green Deal and his Gregory Barker: Regarding the number of homes Department’s other energy efficiency programmes. that have been ″registered″ for Green Deal, I am assuming [147837] this means those where a Green Deal Assessment has been undertaken. Up to the end of February, and for Gregory Barker: The Green Deal and Energy Company the whole of Great Britain, there were 1,803 Green Obligation are expected to boost the burgeoning low Deal Assessments lodged on the central register. We carbon economy, encourage innovation in the supply intend to publish geographic breakdowns of Green chain and more than double the potential for jobs Deal Assessments in the June 2013 quarterly official growth—up to 60,000 jobs in the insulation sector statistics release. On funding, the Department will also alone by 2015, up from around 26,000 in 2011. The release statistics on the number of Green Deal Plans in Department does not have a breakdown of these estimated June. job opportunities by region. Mr Wallace: To ask the Secretary of State for Energy Housing: Insulation and Climate Change what incentives his Department has put in place to encourage private landlords to Duncan Hames: To ask the Secretary of State for participate in the Green Deal. [148516] Energy and Climate Change what estimate he has made of the number of homes which require improvement of Gregory Barker: Under the Green Deal, landlords (a) loft, (b) wall cavity and (c) solid wall insulation. will be able to make energy efficiency improvements [147697] without having to pay all the costs upfront. Tenants will repay the cost of the measures through their energy bill Gregory Barker: There are around 27 (26.9) million savings while enjoying a more energy efficient home. homes in Great Britain; more than half do not have This is intended to overcome the “split incentive”, and enough insulation. avoid landlords being unwilling to make improvements Most easy-to-treat cavities have now been insulated, which reduce bills that they do not pay. and nearly all the remaining lofts would only benefit The Energy Act 2011 stipulates Government must from topping up of existing insulation. However, only regulate to help ensure the take up of cost effective around 2% of solid wall properties have so far been energy efficiency improvements in the Private Rented tackled. Sector. No later than April 2016, domestic landlords will not Mr Robin Walker: To ask the Secretary of State for be able to unreasonably refuse requests from their tenants Energy and Climate Change how many homes in Worcester for consent to energy efficiency improvements, where have received insulation in (a) 2012, (b) 2011 and (c) financial support is available, such as the Green Deal. 2010 under his Department’s programmes. [147836] 371W Written Answers18 MARCH 2013 Written Answers 372W

Gregory Barker: Information on insulation measures Gregory Barker: The Department uses non-consolidated installed under the Carbon Emissions Reduction Target performance related payments to help drive high (CERT), which was the Government’s main domestic performance as they: energy efficiency policy for the period concerned, is encourage continuous high attainment because the payments compiled by the Home Energy Efficiency Database are dependent upon continuing strong performance; (HEED) overseen by the Energy Saving Trust. The prevent a permanent rise in salary and an increase in pension latest published data is provided below for the Worcester on the basis of one off performances while still allowing good local authority area. For technical reasons the HEED performance to be rewarded; database tends to under report by around 10%, the have no long-term costs, in particular it does not increase actual number of installations will therefore be higher. future pension payments; Information on the final period of CERT, covering the focus the work of employees more directly on the priority period up until the end of 2012, will be published later goals of the organisation; this year. motivate employees by linking an element of compensation to the achievement of objectives rather than offering payment for Cavity wall time served; CERT years—commencing insulation Loft insulation target money at those who make the biggest contribution. 2008 (1 April to 31 March) measures measures End-year non-consolidated performance awards are CERT Year 1 (2008-09) 837 955 used to reward the Department’s highest performers as CERT Year 2 (2009-10) 1,312 1,047 assessed in their end of year appraisal reports. CERT Year 3 (2010-11) 829 863 The Department paid (a) £789,075 in year-end non- CERT Year 4 (2011-12) 714 1,315 consolidated awards and (b) £233,111 as in-year non- consolidated awards for the 2011-12 performance year. Mobile Phones Priti Patel: To ask the Secretary of State for Energy Mr Streeter: To ask the Secretary of State for Energy and Climate Change how much was paid to officials in and Climate Change which company holds the largest (a) his Department and (b) its non-departmental public contract to provide mobile telephony services to his bodies in bonuses and other payments in addition to Department; how much is paid each year under that salary in each of the last five years; how many officials contract; how many individual devices are covered by received such payments; and what the monetary value the contract; when the contract was awarded; and when was of the 20 largest payments made in each year. and how the contract will next be reviewed. [148260] [148024]

Gregory Barker: The company that holds the largest Gregory Barker: Details of bonus payments made to contract providing mobile telephony services in DECC, officials of the Department of Energy and Climate is Vodafone UK Ltd. Change (DECC) for the years 2009-10 and 2010-11 This contract, four years in length, was awarded on 1 were provided in the answer published on 17 January Official Report April 2011 and expires on 1 April 2015. 2012, , column 676-777W, a copy of which is available in the House of Commons Library. For last year, 2011-12, DECC paid £168,000 including DECC was formed in October 2008 and as such does VAT. not hold the information for the 2008-09 financial year In total, 691 individual devices are included in the or any year prior to this. contract, (which are broken down as follows); The details of bonus and other payments made in 350 BlackBerry devices, addition to salary by the Department of Energy and 243 3G mobile devices, Climate Change for 2011-12 are shown in the following 98 mobile devices. table:

Since the contract is not up for renewal until 2015, we Description 2011-12 have not yet considered the contract review. Total of bonus and other payments (£) 9,072,483 North Sea Oil Number of people receiving payments 1,062 Andrew Rosindell: To ask the Secretary of State for Energy and Climate Change what steps he is taking to Total of top 20 payments (£) 12,000 x 1 ensure that North sea oil continues to make a 10,000 x 5 contribution to national energy supplies. [148425] 7,500 x 14

Mr Hayes: I refer my hon. Friend to the answer which The details of bonus payments made to officials in I gave on 14 March 2013, Official Report, column 463. the Nuclear Decommissioning Authority are set out in the following table: Pay Total number of Monetary value of Total amount paid employees who 20 largest payments Pamela Nash: To ask the Secretary of State for Energy in bonus (£) received payment (£) and Climate Change how much was paid in (a) year-end 2008-09 4,999,256 345 753,556 and (b) in-year bonuses to officials in his Department 2009-10 4,743,613 353 685,708 in the last year for which figures are available. [147759] 2010-11 3,251,350 270 682,022 373W Written Answers18 MARCH 2013 Written Answers 374W

Total number of Monetary value of Description 2011-12 2012-13 Total amount paid employees who 20 largest payments in bonus (£) received payment (£) 4,674.00 4,766.00

2011-12 3,113,163 286 682,172 4,663.00 4,732.00 2012-13 1— 1— 1— 4,249.00 4,321.00 1 No data yet available 3,913.00 4,233.00 Details of other payments made in addition salary to 3,903.00 3,903.00 other members of staff is held by an outsourced shared 3,892.10 3,892.00 service contractor. To gather that information would incur disproportionate costs. 3,592.60 3,593.00 Details of bonus payments made to officials of the 3,592.60 3,593.00 Civil Nuclear Police Authority for the years 2009-10 3,222.00 3,308.00 and 2010-11 were provided in the answer published on 3,222.00 3,273.00 17 January 2012, Official Report, columns 676-77W, a 3,148.00 3,000.00 copy of which is available in the House of Commons 2,906.00 2,984.00 Library. Data for 2011-12 and 2012-13 are set out in the following table: 2,906.00 2,984.00 2,906.00 2,984.00 Description 2011-12 2012-13

Total value of top 20 end 87,425.90 111,917.04 The details of all other payments paid in addition to year bonus awards (£) salary to officials of the Civil Nuclear Police Authority are as follows: Total number of people 158 199 receiving awards £

2009-10 1,817,114 Top 20 payments (£) 7,621.11 15,242.04 2010-11 2,051,026 6,350.85 13,064.76 2011-12 2,112,549 6,350.82 10,887.12 2012-13 (to 31 January 2013) 2,221,202 6,350.82 10,887.12 5,253.00 5,252.00 The details of bonus payments made to officials of 4,710.00 5,018.00 the Committee on Climate Change are set out in the following table:

Description 2008-09 2009-10 2010-11 2011-12

Total value of end year and in year bonus awards (£) 38,278 59,340 50,400 54,652

Total number of people receiving awards 7 12 12 13

Top 20 payments (£) 15,000 x 1 15,000 x 1 15,000 x 1 15,000 x 1 2,600 x 6 4,000 x 1 7,000 x 1 5,000 x 2 2,800 x 1 3,000 x 1 2,000 x 9 1,500 x 2 2,500 x 9 1,600 x 1 1,300 x 3 31,100 x 4

There are no other payments, apart from salary, value was of such payments and allowances in each made to officials at the Committee on Climate Change. such year. [148043] Details of bonus payments made to officials of the Coal Authority for the years 2009-10 and 2010-11 were provided in the answer published on 17 January 2012, Gregory Barker: The allowances available to civil Official Report, columns 676-77W, a copy of which is servants in the Department of Energy and Climate available in the Libraries of the House. The data for Change (DECC) are unchanged from that provided in 2011-12 are not currently available. A copy of these the answer published on 17 January 2012, Official Report, data will be placed in the House of Commons Library columns 676-77W, a copy of which is available in the as soon as they are available. House of Commons Library except for the monetary value of offshore allowances. These have increased with effect from 1 August 2012 as set out as follows. Priti Patel: To ask the Secretary of State for Energy and Climate Change what allowances and subsidies in Period Rate (£) addition to salary were available to officials in (a) his Full 24 hours period 100 Department and (b) its non-departmental public bodies Part 24 hours period 57.15 in each of the last five years; and what the monetary 375W Written Answers18 MARCH 2013 Written Answers 376W

There are no subsidies available to civil servants in Number joining DECC. Details of payments made to senior members of staff January to December 2009 153 within the Nuclear Decommissioning Authority is available January to December 2010 198 in their annual resource and accounts via their internet January to December 2011 132 website. Links to these documents are given in the January to December 2012 339 following table. January to February 2013 55

Internet address The number of officials who have joined the Coal Authority is shown in the following table. 2007-08 http://www.nda.gov.uk/documents/upload/Annual-Report-and- Accounts-2007-2008.pdf Number joining 2008-09 http://www.nda.gov.uk/documents/upload/Annual-Report-and- Accounts-2008-2009.pdf April 2008 to March 2009 11 2009-10 http://www.nda.gov.uk/documents/upload/Annual-Report-and- Accounts-2009-2010.pdf April 2009 to March 2010 11 2010-11 http://www.nda.gov.uk/documents/upload/Annual-Report-and- April 2010 to March 2011 5 Accounts-2010-2011.pdf April 2011 to March 2012 9 2011-12 http://www.nda.gov.uk/documents/upload/Annual-Report-and- April 2012 to February 2013 14 Accounts-2011-2012.pdf

Details of allowance payments made to other members The number of officials who have joined the Civil of staff is held by an outsourced shared service contractor. Nuclear Police Authority is shown in the following To gather that information would incur disproportionate table. costs. Number joining There no allowances or subsidies available to officials in the Committee on Climate Change. January to December 2008 80 The total cost of allowances paid by the Civil Nuclear January to December 2009 129 Police Authority are shown in the following table. January to December 2010 100 January to December 2011 261 £ January to December 2012 215 2012-13 January to February 2013 75 (10 Allowance 2009-10 2010-11 2011-12 months) The number of officials who have joined the Nuclear Special Priority 167,369.76 180,100 253,600.47 404,875.57 Decommissioning Authority is shown in the following Payments table. South East 206,910.05 269,119.09 309,517.97 293,223.56 Allowance Number joining Competency 248,126.84 282,115.88 285,639.69 272,798.63 Threshold March 2008 to February 2009 51 Payment March 2009 to February 2010 27 Details of allowance payments made by the Coal March 2010 to February 2011 8 Authority for the years 2009-10 and 2010-11 were provided March 2011 to February 2012 21 in the answer published in on 17 January 2012, Official March 2012 to February 2013 31 Report, columns 676-77W, a copy of which is available in the Libraries of the House. The data for 2011-12 is The number of officials who have joined the Committee not currently available. A copy of this data will be on Climate Change is shown in the following table. placed in the House of Commons Library as soon as it is available. Number joining

November 20081 to March 2009 22 Recruitment April 2009 to March 2010 16 April 2010 to March 2011 9 Priti Patel: To ask the Secretary of State for Energy April 2011 to March 2012 9 and Climate Change how many officials were recruited 1 The Committee on Climate Change was created on 26 November 2008. to (a) his Department and (b) each of its non-departmental public bodies in each of the last five years. [147967] Redundancy Pay

Gregory Barker: The Department of Energy and Pamela Nash: To ask the Secretary of State for Energy Climate Change (DECC) was created in October 2008 and Climate Change how much was paid by his Department to bring together energy policy (previously with BERR, in redundancy payments in each of the last two years; which is now BIS—the Department for Business, Innovation and how many officials received such payments. [148483] and Skills) and climate change mitigation policy (previously with DEFRA—the Department for Environment, Food Gregory Barker: The Department of Energy and and Rural Affairs). Therefore no data exists prior to Climate Change’s expenditure on redundancy and number that date. of officials receiving such payments in each of the last The number of civil servants who have joined DECC two years is published in its annual report and accounts is shown in the following table. as follows: 377W Written Answers18 MARCH 2013 Written Answers 378W

2011-12 report (HC 63) page 118: lost to staff sickness in each of the last five years; and https://www.gov.uk/government/uploads/system/uploads/ what estimate he has made of the cost of such absence attachment_data/file/48452/5718-decc-annual-report-and- in each year. [147986] accounts-201112-.pdf Sick Leave Gregory Barker: The following tables show the number of days of sickness absence recorded for the Department Priti Patel: To ask the Secretary of State for Energy of Energy and Climate Change (DECC) and for each of and Climate Change how many days (a) his Department the non-departmental public bodies for which it is and (b) each of its non-departmental public bodies has responsible.

DECC Number of days of sickness absence Estimated cost of absence1 (£)

1 January to 31 December 2012 3,731 630,733 1 January to 31 December 2011 4,958.5 871,318 1 January to 31 December 2010 4,011.5 711,021 1 The estimated cost of the absences have been calculated on 2012 average salary costs as civil servants have been subject to a pay freeze for the past two years.

Prior to 2010 the Shared Service provision for DECC prior to that date are not held centrally and to gather it was delivered by our predecessor departments. Data would incur disproportionate costs.

Committee on climate change Number of days of sickness absence Estimated cost of absence1(£)

1 April 2011 to 31 March 2012 20 2,600 1 April 2010 to 31 March 2011 29 3,800 1 April 2009 to 31 March 2010 21 2,800 26 November 20081 to 31 March 2009 5 7,000 1 The Committee on Climate Change was formed on 26 November 2008.

Nuclear Decommissioning Authority Number of days of sickness absence Estimated cost of absence

1 March 2011 to 29 February 2012 1,214 1— 1 March 2010 to 28 February 2011 1,487 1— 1 March 2009 to 28 February 2010 1,635 1— 1 March 2008 to 28 February 2009 1,591 1— 1 March 2008 to 28 February 2009 4.92 1— 1 The Nuclear Decommissioning Authority has made no estimate of the cost of such absences as these were significantly lower than the national average days lost. To calculate these costs would incur disproportionate costs. Coal Authority Number of days of sickness absence Estimated cost of absence (£)

1 April 2012 to 28 February 2013 826 87,700 1 April 2011 to 31 March 2012 701 59,700 1 April 2010 to 31 March 2011 721 81,500 1 April 2009 to 31 March 2010 574.5 45,500 1 April 2008 to 31 March 2009 751 79,500

The Civil Nuclear Police Authority have not been more than 200 days, (xii) more than three months, (xiii) able to supply the data for this response. Their response more than six months and (xiv) more than one year on will be placed in the House of Commons Library as paid sick leave (A) consecutively and (B) in total in each soon as it is available. of the last five years. [148005]

Priti Patel: To ask the Secretary of State for Energy Gregory Barker: The Department of Energy and and Climate Change how many officials in (a) his Climate Change (DECC) regularly records, collates and Department and (b) each of its non-departmental public analyses its recorded sickness absence in a common bodies have had (i) fewer than five days, (ii) five to format as requested by the Cabinet Office. The following 10 days, (iii) 10 to 15 days, (iv) 15 to 20 days, (v) 20 analysis shows absences as either short term (less than to 25 days, (vi) 25 to 50 days, (vii) 50 to 75 days, (viii) 75 21 days) or long term (21 days or more). To carry out to 100 days, (ix) 100 to 150 days, (x) 150 to 200 days, (xi) any further analysis would incur disproportionate costs.

DECC Number of people with short term Number of people with long term absences absences Total number of people with absences

1 January to 31 December 2012 336 23 359 1 January to 31 December 2011 309 26 335 379W Written Answers18 MARCH 2013 Written Answers 380W

DECC Number of people with short term Number of people with long term absences absences Total number of people with absences

1 January to 31 December 2010 340 18 358

Prior to 2010 the Shared Service provision for DECC prior to that date are not held centrally and to gather was delivered by our predecessor departments. Data them would incur disproportionate costs.

Committee on Climate Change Number of days of sickness absence

1 April 2011 to 31 March 2012 20 1 April 2010 to 31 March 2011 29 1 April 2009 to 31 March 2010 21 26 November 20081 to 31 March 2009 5 1 The Committee on Climate Change was formed on 26 November 2008

The Committee on Climate Change records sickness analysis apart from the total number of days per year, absence on a manual system, with only our Shared as provided in question 147986, would incur Service provider maintaining historic records. Any further disproportionate costs.

Coal Authority No of people with short term No of people with long term Total number of people with absences absences absences

1 April 2012 to 28 February 2013 10 48 58 1 April 2011 to 31 March 2012 5 65 70 1 April 2010 to 31 March 2011 6 87 95 1 April 2009 to 31 March 2010 5 87 92 1 April 2008 to 31 March 2009 9 78 87

The Coal Authority regularly records, collates and days) or long term (21 days or more). To carry out any analyses its recorded sickness absence. The analysis further analysis would incur disproportionate costs. above shows absences as either short term (less than 21

Nuclear Decommissioning Authority Number of periods of sickness absence Total number of people with absences

1 March 2012 to 28 February 2013 213 138 1 March 2011 to 29 February 2012 201 122 1 March 2010 to 28 February 2011 239 148 1 March 2009 to 28 February 2010 328 192 1 March 2008 to 28 February 2009 314 175

The Nuclear Decommissioning Authority regularly One Agency—The Coal Authority—also uses one records, collates and analyses its recorded sickness absence. 0845 number.’ The Nuclear Decommissioning Authority has made no There are no other numbers used by the Department estimate of the cost of sickness absence as these were or its Agencies for the public. significantly lower than the national average days lost. To carry out any further analysis would incur Temporary Employment disproportionate costs. The Civil Nuclear Police Authority have not been Pamela Nash: To ask the Secretary of State for Energy able to supply the data for this response. Their response and Climate Change how much his Department paid in will be placed in the House of Commons Library as agency fees for temporary staff in each of the last two soon as it is available. years; and how many individuals received such payments. Telephone Services [148482]

Richard Burden: To ask the Secretary of State for Gregory Barker: The Department of Energy and Energy and Climate Change how many (a) 0800, (b) Climate Change spend on temporary staff is published 0808, (c) 0844, (d) 0845 and (e) 0870 telephone numbers in its annual report and accounts 2010-11 (HC 1009 for the public are in use by (i) his Department and (ii) page 11): the agencies for which he is responsible. [147817] https://www.gov.uk/government/uploads/system/uploads/ Gregory Barker: At the Department of Energy and attachment_data/file/48141/2212-decc-annual-report- Climate Change there is one 0800 number in use by the 20102011.pdf Central Department for ’Energy Saving Scotland’. and 2011-12 (HC 63 page 44): 381W Written Answers18 MARCH 2013 Written Answers 382W

https://www.gov.uk/government/uploads/system/uploads/ bodies have left that body due to (i) resignation, (ii) attachment_data/file/48452/5718-decc-annual-report-and- retirement, (iii) redundancy, (iv) transferral to another accounts-201112-.pdf public sector post and (v) another reason in each of the We are unable to identify the proportion of the last five years. [147948] expenditure that relates to agency fees because, generally, the agency invoices do not separate their fee from the Gregory Barker: The Department of Energy and underlying cost of the temporary staff member. The Climate Change (DECC) was created in October 2008, number of individuals in receipt of payments cannot be to bring together energy policy (previously with BERR, determined without incurring disproportionate costs. which is now BIS—the Department for Business, Innovation and Skills), and climate change mitigation policy (previously Termination of Employment with DEFRA—the Department for Environment, Food and Rural Affairs). Therefore no data exists prior to Priti Patel: To ask the Secretary of State for Energy that date. and Climate Change how many officials in (a) his The number of civil servants who have left DECC is Department and (b) each of its non-departmental public shown in the following table.

Transfer to other Resignation Retirement Redundancy Government Departments Other Total

January to December 2009 10 — — 18 53 81 January to December 2010 14 4 — 7 36 61 January to December 2011 40 9 — 18 53 120 January to December 2012 46 10 — 45 72 173 January to February 2013 2 1 — 10 6 19

The number of officials who have left the Coal Authority are shown in the following table.

Transfer to other Resignation Retirement Redundancy public sector post Other Total

April 2008 to March 2009 11 1 2 — — 14 April 2009 to March 2010 7 1 — — 2 10 April 2010 to March 2011 8 3 — — 2 13 April 2011 to March 2012 8 1 31 — 1 41 April 2012 to February 2013 7 — 2 — 2 11

The number of officials who have left the Committee on Climate Change are shown in the following table.

Transfer to other Resignation Retirement Redundancy public sector post Other Total

November 20081 to March 2009 — — — 6 — 6 April 2009 to March 2010 — — — 1 3 4 April 2010 to March 2011 — — — 1 3 4 April 2011 to March 2012 1 — — 6 5 12 1 The Committee on Climate Change was formed on 26 November 2008.

The number of officials who have left the Civil Nuclear Police Authority are shown in the following table.

Transfer to other Resignation Retirement Redundancy police sector body Other Total

January to December 2008 15 22 1 9 6 53

January to December 2009 26 15 1 15 9 66

January to December 2010 25 19 — 3 9 58

January to December 2011 40 15 — — 11 66

January to December 2012 55 18 2 — 7 82

January to February 2013 14 — — — 3 17 383W Written Answers18 MARCH 2013 Written Answers 384W

The number of officials who have left the Nuclear Decommissioning Authority is shown in the following table.

Transfer to other Redundancy Retirement Resignation public sector post Other Total

March 2008 to February 2009 — 3 18 — 4 25 March 2009 to February 2010 — 17 — 1 18 March 2010 to February 2011 72 1 20 — 1 94 March 2011 to February 2012 1 — 4 — 1 6 March 2012 to February 2013 — 3 16 — 3 22

Utilities: Meters Warm Front Scheme: Kingston upon Hull

Priti Patel: To ask the Secretary of State for Energy Diana Johnson: To ask the Secretary of State for and Climate Change what discussions he has had with Energy and Climate Change how many homes in (a) his counterpart at the Department for Environment, Kingston upon Hull and (b) Kingston upon Hull North Food and Rural Affairs about the roll-out of smart constituency participated in the Warm Front scheme in meters for (a) electricity and (b) water. [148989] each year since the inception of the scheme. [148463] Mr Hayes: Ministers have not had such discussions. DECC and DEFRA officials routinely engage on water Gregory Barker: The number of households assisted metering developments and progress on the supplier each year through the Warm Front scheme in (a) mandated roll out of smart metering for electricity and Kingston upon Hull and (b) Kingston upon Hull North gas meters. are presented in the following table:

2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Total

Kingston upon Hull North 258 445 568 489 387 237 89 65 2,539 parliamentary constituency Kingston upon Hull local 573 1,217 1,982 1,523 1,392 738 253 229 7,907 authority 1 Data are not available prior to 2005-06

Wind Power CULTURE, MEDIA AND SPORT

Broadband Glyn Davies: To ask the Secretary of State for Energy and Climate Change what assessment he has made of Stephen McPartland: To ask the Secretary of State for the effect of onshore and offshore wind turbines on the Culture, Media and Sport what discussions (a) she and tourism industry; and what recent discussions he has (b) Ministers in her Department have had with Ofcom had with Powys county council on this issue. [146461] about lowering the cost and improving the performance of mobile networks through regulated access to BT’s ducts and poles on the same price and terms that are Mr Hayes: I am aware of concerns about the impact already available to fixed line operators. [147201] of wind turbines on the tourist industry, but overall there is no definitive evidence to date of actual negative Mr Vaizey: Ministers within the Department for Culture, effects on tourism. Media and Sport meet with Ofcom to discuss a range of matters. Ofcom is responsible for regulating access to A recent report for DECC and RenewableUK by BT’s network, including the network of ducts and BiGGAR Economics1 estimated the increase in the poles, and considers this as part of the regular reviews it turnover of businesses local to onshore wind farm carries out to assess the different markets, in particular developments. This is available at: the Wholesale Local Access Review and the Business http://www.decc.gov.uk/assets/decc/11/meeting-energy- Connectivity Market Review. demand/wind/5229-onshore-wind-direct--wider-economic- impacts.pdf Stephen McPartland: To ask the Secretary of State for Culture, Media and Sport (1) what assessment she has I have had no discussions with Powys county council made of the effect that a lack of regulated access to BT’s on the effects of wind turbines on the tourist industry. poles and ducts for mobile network operators will have Impacts on tourism will be considered at the public on the data speed of the 4G mobile network; [147204] inquiry into five wind farm proposals in Powys commencing (2) what assessment she has made of the effect that a in June 2013. lack of regulated access to BT’s poles and ducts 1 The findings of the report are based on 18 case studies of for mobile network operators will have on the price experience on the ground, and set out the gross impacts of consumers will pay for 4G mobile network services. commercial onshore wind development. [147203] 385W Written Answers18 MARCH 2013 Written Answers 386W

Mr Vaizey: I have not made any assessment of the Hugh Robertson: The Government is not aware of effect of there not being regulated access to BT’s ducts evidence that the current advertising arrangements are and poles for mobile operators. Ofcom is responsible jeopardising the licensing objectives of the Gambling for regulating access to BT’s network, including the Act, but if new compelling evidence emerged which network of ducts and poles, which includes determining clearly highlighted the need to look again at the restrictions whether the price charged for access is fair and in place it would, in the first instance, be for the appropriate proportionate. regulators to consider and take action under their existing codes and regulations. Broadband: Rural Areas Gaming Machines Mr Jamie Reed: To ask the Secretary of State for Culture, Media and Sport pursuant to the answer of 22 Graham Jones: To ask the Secretary of State for Culture, January 2013, Official Report, column 234W,on broadband: Olympics, Media and Sport how many B2 gaming rural areas, what the timetable is for rolling out the machines are present in each local authority area in broadband infrastructure improvements support package England and Wales in the most recent period for which in rural areas. [142336] figures are available. [120407] Mr Vaizey: DCMS expects to deliver the package of measures to support the roll-out of superfast broadband Hugh Robertson: The Gambling Commission’s Industry by the summer of 2013, with the exception of the Statistics 2008-11 published at: reforms to the Electronic Communications Code, which http://www.gamblingcommission.gov.uk/gh-about_us/ require primary legislation. Delivery of the main package annual_report_and_accounts.aspx by the summer will support commercial broadband show that, as at 30 September 2011, 33,982 category B2 deployment and local broadband projects under the gaming machines were available for use in Great Britain. Broadband Delivery UK framework. This included machines that offered B2 and B3 content. The figure, however, cannot be broken down into local Digital Technology authority areas.

Helen Goodman: To ask the Secretary of State for High Speed 2 Railway Line Culture, Media and Sport pursuant to the answer of 22 November 2012, Official Report, column 615W, on Jeremy Lefroy: To ask the Secretary of State for digital technology, what discussions she has had in the Culture, Media and Sport what proportion of the preferred last six months with (a) ministerial colleagues and (b) route of the High Speed 2 train line is (a) currently and key stakeholders about the challenges posed by digital (b) expected to be serviced by (i) mobile telephone, (ii) exclusion. [148362] 3G data and (iii) 4G data signal coverage. [147185] Mr Vaizey: No meetings have been held specifically on digital inclusion as Cabinet Office leads on this Mr Vaizey: We have not assessed current mobile policy area. However, DCMS does lead on e-accessibility service coverage over the preferred HS2 route. The that seeks to ensure that people with disabilities are able potential for improved mobile phone and data coverage to have access to telecommunications services. As part for passengers on HS2 trains will be considered by the of this work, I met with the Minister for Disabled Department for Transport as part of the development People, my hon. Friend the Member for Wirral West of the railway. It is too early to make detailed decisions (Esther McVey), recently to discuss how both our now about the communications technology that will be Departments can work better together on joining up needed in the late 2020s and beyond. the work of my Departments eAccessibility Forum and the Office for Disability Issues development of the Internet cross-government Fulfilling Potential, Disability Strategy. As part of our wider departmental discussions around Helen Goodman: To ask the Secretary of State for the digital inclusion agenda we also discussed the Culture, Media and Sport what assessment she has accessibility of telecommunication services, in particular made of the proportion of people able to use the relay services in the UK for disabled and older people, internet in each (a) socio-economic group, (b) local as well as access to recruitment websites for disabled authority area and (c) age group. [147540] people looking for work. I have also held several round table meetings with Mr Hurd [holding answer 12 March 2013]: Ihave Ofcom and key stakeholders from the telecommunications been asked to reply on behalf of the Cabinet Office. industry and businesses with public facing customer The information requested falls within the responsibility service functions, to highlight the need for them to have of the UK Statistics Authority. I have asked the authority accessible contact strategies that use a mix of email, to reply. SMS, text, and video relay services to facilitate engagement Letter from Glen Watson, dated March 2013: with disabled customers. As Director General for the Office for National Statistics, I Gambling have been asked to reply to your recent Parliamentary Question to the Secretary of State for Culture Media and Sport asking what assessment she has made of the proportion of people able to Mr Crausby: To ask the Secretary of State for use the internet in each (a) socio-economic group, (b) local Culture, Media and Sport what plans she has to restrict authority area and (c) age group. [147540] the amount of online gambling advertisements on Quarterly statistics on Internet access are available from the television. [148477] ONS release; Internet Access Quarterly Update, Q4 2012 at: 387W Written Answers18 MARCH 2013 Written Answers 388W

http://www.ons.gov.uk/ons/rel/rdit2/internet-access-quarterly- Telecommunications update/2012-q4/stb-ia-2012-q4.html These estimates relate to the question on Internet use asked on Helen Goodman: To ask the Secretary of State for the Labour Force Survey. An age breakdown is given in Table 1B Culture, Media and Sport when her Department and a geographical location breakdown is presented in Table 3B. The breakdown on Table 3B is at NUTS3, the lowest level of expects to publish the Communications White Paper. geography for robust estimates. [148391] The latest statistics on the percentage of people aged 16 and Mr Vaizey: The Communications Paper is due to be over who have used the Internet in the past broken down by published in the spring. socio-economic group have also been provided in the accompanying table. The estimates are based on the question asked only to Telephone Services people aged 16 and over on the Annual Population Survey (i.e. the Annual Labour Force Survey). Richard Burden: To ask the Secretary of State for Culture, Media and Sport what recent discussions she Mobile Phones has had with (a) utility providers, (b) banks and building societies and (c) other companies about (i) providing Chi Onwurah: To ask the Secretary of State for and (ii) advertising to their customers a contact telephone Culture, Media and Sport what her policy is on the number that is a UK landline number beginning 01, 02 or 03. [148396] unlocking of mobile telephones. [148369] Mr Vaizey: The Secretary of State for Culture, Media Mr Vaizey: My officials have spoken to Ofcom, the and Sport, has had no discussions on this issue with independent regulator for communications, who have utility providers, banks and building societies and other advised that: companies, as telephone numbering is an operational In order to use a contract mobile phone across different issue for the independent regulator, the Office of networks it will usually need to be ’unlocked’ from the existing Communications (Ofcom). Organisations operate in a network. Mobile operators ’lock’ mobile phones to tie consumers competitive commercial market and therefore have the to their networks during the minimum term of a contract where freedom to use contact telephone numbers, which meets the handset is part of the deal and will usually have been heavily both their needs and those of customers. However, subsidised. The handset can usually be unlocked, once the minimum under General Condition 14, Ofcom requires contract has ended. communications providers to publish transparent pricing There are no rules preventing providers from doing information for non-geographic calls (these are non-local this and it enables operators to offer cheap or free numbers such as 0845 and 0871) and such information handsets to people when they sign up to a contract. should also be included in their advertising and promotional However, unlocking handsets enables people to take material. Also, providers must ensure that these charges advantage of promotional deals, such as free SIMs, and are given the same prominence as other call charge switch to a new provider if they like their handset, but information. Ofcom recognises that the current system do not have a good deal. Ofcom continues to keep the around non-geographic numbers is unclear for consumers, rules in this area under review to ensure that the process with confusion around call pricing in particular. Therefore, is working for consumers. Ofcom is proposing to make changes to simplify non- geographic numbers. The main proposals are as follows Public Libraries and more detailed information will be made available by Ofcom in due course: Freephone, 080 and 116 numbers, to be free from all telephones, Dan Jarvis: To ask the Secretary of State for Culture, landline and mobile. Media and Sport if she will consider adopting the Revenue sharing ranges, 084,087,09 and 118 numbers, where a Scottish Public Library Quality Improvement Matrix portion of the retail charge is passed back to the receiver of the for libraries in England. [148568] call, are to have a common simplified structure. Theatre: Young People Mr Vaizey: Public Library Service Standards in England were withdrawn by the previous Administration in a David Morris: To ask the Secretary of State for move towards increased local autonomy. Local authorities Culture, Olympics, Media and Sport what measures she remain best placed to determine how to provide a has put in place to ensure that children and young library service to their local community and the Government people are able to attend the theatre; and if she will is not considering adopting the Scottish Public Library make a statement. [121118] Quality Improvement Matrix for libraries in England. Mr Vaizey: Responsibility for increasing the accessibility Social Networking of the arts in England lies with Arts Council England (ACE). In 2011-12 ACE provided £98,497,097 of funding to regularly funded organisations who identified their Helen Goodman: To ask the Secretary of State for art form as theatre. In 2011-12 ACE also awarded Culture, Media and Sport how much her Department £17,085,761 in grants for the arts to organisations and has spent on promoting tweets via its Twitter feed in projects identified as theatre. In 2010-11, the last year the last year. [148390] that figures are available, regularly funded theatres that responded to ACE’s survey reported that they provided Hugh Robertson: The Department for Culture, Media 6,637 performances for schools, with 765,000 school and Sport has not spent any money on promoting children attending with a ticket and an estimated 90,000 tweets via its Twitter feed in the last year. more attending on a more informal basis. 389W Written Answers18 MARCH 2013 Written Answers 390W

In the hon. Member’s area, the Dukes theatre in Mr Heath: It is already an offence under the Animal Lancaster has an extensive creative learning department, Welfare Act 2006 to either abandon an animal or kill an including a separate dedicated venue and activity space animal in a manner that causes it unnecessary suffering. for young people. The theatre offers a variety of This applies to owners and keepers of all animals, participatory theatre programmes for young people, including racing and retired greyhounds as well as which includes 12 youth theatres, one of which is based former racehorses. at the Hot House in Morecambe. In 2011-12 Dukes There are organisations that offer re-homing services delivered over 150 separate engagement projects for for as many former race dogs and horses as possible. young people in community and school settings which resulted in over 19,000 participations in individual sessions. Animals: Tagging This Government has made clear its commitment to cultural education, including theatre, through commissioning the Henley Review of Cultural Education, Dr Offord: To ask the Secretary of State for Environment, and in its response to the review. These publications can Food and Rural Affairs pursuant to the written ministerial be found on the following page of the Department’s statement of 6 February 2013, Official Report, column website: 15WS, on tackling irresponsible dog ownership, when http://www.culture.gov.uk/publications/8875.aspx his Department plans to introduce the necessary regulations to amend the Animal Welfare Act 2006 to allow for the Tourism introduction of compulsory microchipping. [144241]

Dan Jarvis: To ask the Secretary of State for Culture, Mr Heath: The regulations, which will be made under Media and Sport what recent estimate she has made of the Animal Welfare Act 2006 and which will require all the contribution of tourism to the UK economy. dogs to be microchipped from April 2016, are planned to come into force next year. [138603]

Hugh Robertson: DCMS estimates the direct economic Badgers contribution of the tourism sector through the Tourism Satellite Account. DCMS also draws on other sources, Andrew George: To ask the Secretary of State for such as the Annual Business Survey (ABS) and estimates Environment, Food and Rural Affairs which (a) non- and research from its arm’s length bodies for data on governmental, (b) charitable or (c) academic bodies or the economic impact of its sectors. institutions he has consulted about the recently published The Tourism Satellite Account estimates that tourism estimates of badger populations in the two pilot cull contributed £44.6 billion to the economy and employed areas. [147379] 1,723,000 people in 2009. The Heritage Lottery Fund has estimated that UK Mr Heath: The methodology for estimating the badger Heritage tourism directly accounts for £4.3 billion of population in the two pilot cull areas has been subject GDP and creates employment for 113,000 people. to peer review by independent experts based at academic research institutions. The use of the data to generate the Tourism: VAT population estimates was assessed by an independent auditor. For security reasons, DEFRA is unable to Dan Jarvis: To ask the Secretary of State for Culture, disclose the identities of the peer reviewers or the Olympics, Media and Sport what representations she independent auditor, or the names of the institutions at has received on the application of a reduced rate of which they work. value added tax to visitor attractions, catering and accommodation; and whether she has discussed that Andrew George: To ask the Secretary of State for matter with HM Revenue and Customs. [120268] Environment, Food and Rural Affairs what basis and methodology has been used in his Department’s estimates Hugh Robertson: The Department frequently receives of badger numbers in the two badger pilot cull areas. representations from the British Hospitality Association [147380] and other organisations proposing a reduced rate of VAT on hospitality and visitor attractions. These Mr Heath: The methodology used to estimate the representations have also been made to HM Treasury, badger numbers in the two pilot cull areas is publicly which is responsible for VAT. The Secretary of State has available on the DEFRA website at not discussed the matter with HM Revenue and Customs. http://www.defra.gov.uk/animal-diseases/files/population- badger-pilot-areas.pdf and will also be placed in the Library of the House. ENVIRONMENT, FOOD AND RURAL AFFAIRS Beef Animal Welfare: Sports Miss McIntosh: To ask the Secretary of State for Eric Ollerenshaw: To ask the Secretary of State for Environment, Food and Rural Affairs what recent Environment, Food and Rural Affairs what steps he is discussions he has had with the EU Commission regarding taking to ensure that animals used in racing or sport what tests can be carried out by the EU Food and are not abandoned or killed when their use in that Veterinary Office on processed and frozen beef in EU sport is over. [147887] member states; and if he will make a statement. [143529] 391W Written Answers18 MARCH 2013 Written Answers 392W

Mr Heath: In his written ministerial statement of on a precautionary basis by food companies and retailers 14 February 2013, Official Report, column 60WS, the it would be advisable to refer to the retailers’ and Secretary of State for Environment, Food and Rural producers’ websites. Affairs, the right hon. Member for North Shropshire We have reminded public bodies (schools, prisons, (Mr Paterson), updated the House on discussions held hospitals, armed forces) that they are responsible for on 13 February with agriculture Ministers from a number their own food contracts. We expect them to have of other member states together with the Health and rigorous procurement procedures in place with reputable Consumer Policy Commissioner in Brussels. In this suppliers. Public institutions are included in the UK-wide statement he reported that we reached agreement on a authenticity sampling programme being organised by number of key issues in order to ensure that the current the Food Standards Agency, and suppliers to public unacceptable situation with horsemeat cannot happen institutions are part of the FSA’s extensive food industry again. testing regime. In a further statement of 27 February 2013, Official Report, column 27WS, the Secretary of State updated Bovine Tuberculosis the House on further discussions at the Agriculture and Fisheries Council. At this meeting member states endorsed EU-wide action to address the issue through the testing Andrew George: To ask the Secretary of State for programme and the rapid sharing of information on Environment, Food and Rural Affairs pursuant to the any illegal activity. statement of 23 October 2012, Official Report, columns 835-6, on bovine tuberculosis and badger control, and the Statement of 27 February 2013, Official Report, Beef: Horse Meat column 28WS, on bovine tuberculosis, for what reasons the badger population estimates in the two pilot cull Mr Tom Harris: To ask the Secretary of State for areas published on 23 October 2012 are higher than the Environment, Food and Rural Affairs with reference to estimates published on 27 February 2013. [148091] the tests for horsemeat being conducted by retailers, how many product lines members of the British Meat Mr Heath: Both sets of estimates, each of which is Processors Association will test; and whether he expects expressed as a range, were calculated by estimating the tests being conducted by retailers to be completed by 15 number of active badger setts in the area and multiplying February 2013. [143694] this by the estimated average number of badgers per active sett. Mr Heath: In his written ministerial statement of 4 March 2013, Official Report, column 54WS, the Secretary For the purpose of the October 2012 badger population of State for Environment, Food and Rural Affairs, the estimates, the average number of badgers per active sett right hon. Member for North Shropshire (Mr Paterson), was estimated from the results of two studies conducted set out the number of tests that have been completed over several years in the Gloucestershire area. This was across the food supply chain. A total of 5,430 test the best information available at the time. results of the most vulnerable processed beef products The availability of new data has allowed new badger had been reported to the Food Standards Agency (FSA) population estimates to be calculated. This new data by 1 March. This figure represents 95% of affected included information on the estimated number of badgers retail lines and 90% of caterer and wholesaler product per active sett collected in each of the pilot areas using lines. The tests continue to show that over 99% of DNA analysis. processed beef products contain those ingredients which The February 2013 badger population estimates are are stated on the label. the best information currently available on badger Members of the British Meat Processors Association population size in the pilot areas and should be used in (BPMA) are of course included in this programme, as preference to the October 2012 estimates. well as in the sampling being carried out by the FSA. We do not have an exact number of how many product Dangerous Dogs lines BMPA members will be testing but they have received the same request as industry. Huw Irranca-Davies: To ask the Secretary of State for Mary Creagh: To ask the Secretary of State for Environment, Food and Rural Affairs pursuant to the Environment, Food and Rural Affairs which members written ministerial statement of 6 February 2013, Official of the British Hospitality Association and British Retail Report, on tackling irresponsible dog ownership, if he Consortium have withdrawn products as a precaution will publish all the responses to his 2012 consultation in case they contain horsemeat; which products they on responsible dog ownership. [144902] have withdrawn; and whether any such suppliers supply schools and hospitals. [143732] Mr Heath: As is normal procedure, the individual responses to the consultation are lodged with DEFRA’s Mr Heath: Products that have tested positive for main library at the Information Resource Centre (IRC) horse DNA at 1% or above have been included in the at Ergon House, c/o 17 Smith Square, London SW1P results published by the Food Standards Agency (FSA) 3JR (telephone 020 7238 6575), which will supply, on on 1 March, request, copies of responses to personal callers or telephone http://www.food.gov.uk/multimedia/pdfs/meat-test- inquirers. A summary of responses to this consultation 130301.pdf can currently be accessed via the following link: The FSA’s website will be updated to include any http://www.defra.gov.uk/consult/files/dogs-summary- further products that test positive. For products withdrawn responses-130206.pdf 393W Written Answers18 MARCH 2013 Written Answers 394W

Horse Passports based on data collected from all affected member states (MSs). Their report of November 2012 stated that the Mr Gray: To ask the Secretary of State for Environment, maximum proportion of confirmed sheep herds per Food and Rural Affairs what assessment he has made of region in affected MSs is 6.6% and 4% for cattle herds. the efficacy of the UK horse passport regime and its At the EFSA’s most recent meeting in February 2013, contribution to preventing veterinary medicine entering impact assessments from other affected member states the human food chain; and what plans he has for the continue to conclude an overall low impact and the future of the regime. [145333] Commission stressed again that they consider SBV to be a low impact disease. Mr Heath: Passports may be endorsed to exclude a This concurs with our own consideration of the horse from slaughter. This must be done by veterinary impact of Schmallenberg in the UK. The online sheep surgeons when certain veterinary medicines, including survey on SBV run by the Animal Health and Veterinary Phenylbutazone, are administered. The declaration is Laboratories Agency (AHVLA) after lambing in 2012 irreversible. The Chief Veterinary Officer and the Chief has shown SBV did have an impact on the losses during Executive of the Food Standards Agency wrote to the the lambing season of 2011-12 on the participating Royal College of Veterinary Surgeons on 4 February farms, but not a large impact when compared to normal 2013 seeking their assistance in reminding vets of their losses on the majority of infected farms. Losses during legal obligations under the Horse Passports Regulations lambing happen on most farms whether or not SBV 2009. was present or suspected. A few SBV confirmed farms The Government remains committed to exploring (3%) or farms with malformed lambs (12%) were badly ways to improve the horse passport system within the affected with large losses of lambs and ewes. However, framework of European legislation. The Secretary of 3% of farms without any lamb malformations and 3% State for Environment, Food and Rural Affairs, the of SBV negative farms also reported high losses. Likewise right hon. Member for North Shropshire (Mr Paterson), both SBV confirmed farms and SBV negative farms and my noble Friend Lord de Mauley met representatives had low losses. 494 farms took part in the study, of of various equine sectors on 21 February to discuss which 76 had had SBV confirmed by testing as the such issues. cause of malformed off spring and 140 suspected due to clinical signs, that they had had SBV infection. While Marine Conservation Zones some farms with certain specific management practices lambing early in the season have seen much greater John Woodcock: To ask the Secretary of State for impacts, this is linked to them having a large proportion Environment, Food and Rural Affairs when he expects of their flock all at the crucial susceptible stage of the designation of the 19 proposed marine conservation pregnancy at the same time when virus has arrived in zones in the Irish Sea to be completed. [148074] their flock. A similar effect has been seen in the Netherlands and France, which have flocks synchronising their mating Richard Benyon: DEFRA is currently consulting on periods. The vast majority of our sheep flocks are not proposals for four sites in the Irish sea area to be synchronised so there is no evidence to believe that they designated in 2013. The remaining 11 sites will be will see similar high impacts. This is anecdotally being considered for future designation. borne out in recent reports from AHVLA vets in the field and the contact they have with veterinary practitioners. Packaging: Recycling Cattle herds have a much more staggered mating Cathy Jamieson: To ask the Secretary of State for period and calves are born all year round, thus reducing Environment, Food and Rural Affairs when he plans to the number of cows at the critical stage of pregnancy at review the statutory packaging recycling targets for the same time and lessening the impact in the herd. 2013 to 2017. [148377] Data from other affected member states support this. There have been anecdotal reports of more barren Richard Benyon: DEFRA will monitor progress towards ewes and cows at scanning following the last breeding meeting the packaging recycling targets for 2013 to period. There are many reasons for animals not to hold 2017 as established by the Producer Responsibility at mating, including the poor weather resulting in poor Obligations (Packaging Waste) (Amendment) Regulations, nutrient content in fodder, and liver fluke, both of and will take appropriate action if needed. I will seek an which have been issues late in 2012. Our scanning opportunity to update the House on progress in 2015. surveillance has not detected that SBV has been the Schmallenberg Virus cause of this. Following infection, animals develop immunity which Neil Parish: To ask the Secretary of State for is protective against further SBV infection in the subsequent Environment, Food and Rural Affairs pursuant to the year. Research into the level and duration of immunity answer to the hon. Member for Ogmore of is one of the areas of research DEFRA is funding. 27 November 2012, Official Report, column 307W, on the Schmallenberg virus, for what reasons his I recently met with cattle and sheep industry stakeholders Department has classified Schmallenberg virus as a low to discuss the current SBV situation. They concurred impact disease. [147580] with the description of the impact of SBV in the UK as described here. Subsequent to the meeting, the Veterinary Mr Heath: Schmallenberg virus (SBV) is classified as Medicines Directorate has issued an update on the low impact by the EU. This is as a result of reports progress of a SBV vaccine submission for provisional produced by the European Food Safety Authority (EFSA) marketing authorisation. 395W Written Answers18 MARCH 2013 Written Answers 396W

DEPUTY PRIME MINISTER Report, column 439W on constituencies, when each previous boundary review in the last 30 years was. [148430] Constituencies Miss Chloe Smith: The date of publication of the final report in the 3rd,4th and 5th Periodical Reviews of Chris Ruane: To ask the Deputy Prime Minister parliamentary constituencies conducted by each Boundary pursuant to the answer of 24 January 2013, Official Commission is set out in the following table:

Boundary Commission 3rd Periodical Review 4th Periodical Review 5th Periodical Review

England 1 February 1983 6 June 1995 26 February 2007 Wales 25 January 1983 15 February 1995 14 December 2005 Scotland 18 February 1983 16 February 1995 14 December 2004 Northern Ireland 27 October 1982 20 June 1995 31 March 2008

Electoral Register Vale of Clwyd Number of parliamentary electors Name of ward registered to vote Dr Offord: To ask the Deputy Prime Minister whether homeowners have a right of appeal against a Prestatyn South West 2,847 decision by a local authority not to include that person Rhuddlan 2,943 on the register of electors. [147552] Rhyl East 3,796 Rhyl South 3,014 Miss Chloe Smith: Yes, electors have a right of appeal Rhyl South East 6,022 against a decision to reject an application to register. Rhyl South West 3,748 Where an application for electoral registration is rejected Rhyl West 3,477 summarily (i.e. without a hearing), the individual concerned St. Asaph East 1,396 has three working days from the date of the decision St. Asaph West 1,327 within which to require the electoral registration officer Trefnant 1,582 (ERO) to reconsider the decision at a hearing. Tremeirchion 1,330 If following the hearing, the ERO does not take a Total 56,422 different view, the individual then has 14 calendar days to notify the ERO that he or she wishes to appeal the disputed decision, specifying the grounds for the appeal; the ERO must then forward the appeal to the county NORTHERN IRELAND court, or to the sheriff in Scotland. If the relevant deadlines have elapsed, or if a person Job Creation does not wish to make a formal appeal, there is of course nothing to prevent them from contacting their Ms Ritchie: To ask the Secretary of State for ERO to discuss their situation. Northern Ireland what discussions she has had with the Chancellor of the Exchequer and the Secretary of State for Business, Innovation and Skills regarding the need Electoral Register: Clwyd to sustain and create new jobs in Northern Ireland; and if she will make a statement. [146690] Chris Ruane: To ask the Deputy Prime Minister how many electors were registered to vote in each ward of Mrs Villiers: I have regularly discussed the need to Vale of Clwyd constituency following the revision of create new private sector jobs and boost the Northern the electoral register in 2011. [148105] Ireland economy with a range of ministerial colleagues, including the Chancellor of the Exchequer, my right Miss Chloe Smith: The number of parliamentary hon. Friend the Member for Tatton (Mr Osborne) and electors who were registered to vote in each ward of the Secretary of State for Business, Innovation and Vale of Clwyd constituency at 1 December 2011 is set Skills, the right hon. Member for Twickenham (Vince out in the following table: Cable). I will be having further discussions with them as part of the Government’s work with the devolved Vale of Clwyd Administration to rebalance the Northern Ireland economy. Number of parliamentary electors Name of ward registered to vote Leave Bodelwyddan 1,603 Denbigh Central 1,407 Priti Patel: To ask the Secretary of State for Northern Denbigh Lower 3,580 Ireland how many officials in (a) her Department and Denbigh Upper/Henllan 2,484 (b) each of its non-departmental public bodies qualify Dyserth 1,876 for privilege days; and what the total cost to the public Llandyrnog 1,706 purse was of the number of privilege days utilised each Prestatyn Central 2,803 year by such officials. [147746] Prestatyn East 3,242 Mike Penning: All home civil servants working in my Prestatyn Meliden 1,560 Department are contractually entitled to a day off for Prestatyn North 4,679 the Queen’s birthday in June, and one privilege day at 397W Written Answers18 MARCH 2013 Written Answers 398W the time of the Christmas break. In addition, they are and the Parades Commission for Northern Ireland—and entitled to 1.5 privilege days leave per annum. one advisory non-departmental public body—the Boundary Any staff on secondment to my Department from the Commission for Northern Ireland. As such bodies are Northern Ireland civil service (NICS) are entitled to independent of Government, my hon. Friend may wish privilege days in line with NICS terms and conditions. to write to the Commissions direct on these matters. No cost analysis of privilege days has been undertaken. My Department has two non-departmental public bodies—the Northern Ireland Human Rights Commission

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Pay During 2010-11, my Department paid a total of £35,830 to 47 officials; the value of the 20 largest were: £7,500 x 2, £1,200 x 6, Priti Patel: To ask the Secretary of State for £750 x 4 and £500 x 8; Northern Ireland how much was paid to officials in (a) In 2011-12, my Department paid £33,175 to 75 officials: the her Department and (b) its non-departmental public value of the 20 largest were: £1,300 x 8, £1,200 x 5 and £500 x 7; bodies in bonuses and other payments in addition to In 2012-13 to date, £21,400 has been paid to 70 officials; the salary in each of the last five years; how many officials value of the 20 largest were £500 each. received such payments; and what the monetary value was of the 20 largest payments made in each year. My Department has two non-departmental public [148031] bodies—the Northern Ireland Human Rights Commission and the Parades Commission for Northern Ireland; and Mike Penning: Comparable figures for my Department one advisory non-departmental public body—the Boundary as it is now configured are not available following the Commission for Northern Ireland. As such bodies are completion of the devolution of policing and justice independent of Government, my hon. Friend may wish functions on 12 April 2010. to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Priti Patel: To ask the Secretary of State for Northern would be reduced from £287 per annum to £150 with Ireland what allowances and subsidies in addition to effect from 1 November 2012 and then removed completely salary were available to officials in (a) her Department with effect from 1 August 2013. It is not possible within and (b) its non-departmental public bodies in each of the PQ cost limits to provide the total amount of REA the last five years; and what the monetary value was of paid for the last three financial years following devolution. such payments and allowances in each such year. [148050] A small number of staff who are in posts which require them to undertake ’on-call’ duties may make a Mike Penning: Comparable figures for my Department claim for an ’on-call’ allowance of £20 per weekday and as it is now configured are not available following the £35 per weekend day. completion of the devolution of policing and justice My Department has two non-departmental public functions on 12 April 2010. bodies—the Northern Ireland Human Rights Commission Until November 2012, staff on secondment to my and the Parades Commission for Northern Ireland; and Department from the Department of Justice (NI) were one advisory non-departmental public body—the Boundary paid £287 per annum by way of a Revised Environmental Commission for Northern Ireland. As such bodies are Allowance (REA). Following a review by the Northern independent of Government, my hon. Friend may wish Ireland Civil Service (NICS), it was agreed that REA to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected]

Northern Ireland Human Rights Commission Executive NDPB [email protected]

Boundary Commission for Northern Ireland Advisory NDPB [email protected] 399W Written Answers18 MARCH 2013 Written Answers 400W

Recruitment My Department did not recruit any staff during the 2010-11 and 2011-12 financial years; during the 2012-13 Priti Patel: To ask the Secretary of State for Northern financial year to date we have recruited eight members Ireland how many officials were recruited to (a) her of staff. Department and (b) each of its non-departmental public My Department has two non-departmental public bodies in each of the last five years. [147974] bodies—the Northern Ireland Human Rights Commission and the Parades Commission for Northern Ireland—and Mike Penning: Comparable figures for my Department one advisory non-departmental public body—the Boundary as it is now configured are not available following the Commission for Northern Ireland. As such bodies are completion of the devolution of policing and justice independent of Government, my hon. Friend may wish functions on 12 April 2010. to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Sick Leave 1 January 2011 to 31 December 2011: 437

Priti Patel: To ask the Secretary of State for 1 October 2011 to 30 September 2012: 647. Northern Ireland how many days (a) her Department No estimate of the cost of this absence has been and (b) each of its non-departmental public bodies has made. Robust procedures are in place to manage absence, lost to staff sickness in each of the last five years; and and in particular long-term absence, which has made up what estimate she has made of the cost of such absence a significant proportion of the days lost. in each year. [147993] My Department has two non-departmental public Mike Penning: Comparable figures for my Department bodies—the Northern Ireland Human Rights Commission as it is now configured are not available following the and the Parades Commission for Northern Ireland—and completion of devolution of policing and justice functions one advisory non-departmental public body—the Boundary on 12 April 2010. Commission for Northern Ireland. As such bodies are The number of working days lost due to absence for independent of Government, my hon. Friend may wish the last two 12 month rolling periods are as follows: to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Priti Patel: To ask the Secretary of State for Northern While my Department does not hold figures in the Ireland how many officials in (a) her Department and form requested, information is held in relation to long (b) each of its non-departmental public bodies have and short term sick leave, where long term absence is had (i) fewer than five days, (ii) five to 10 days, (iii) 10 to classed as an absence of over 20 working days. The 15 days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to 50 figures for the previous two 12 month rolling periods days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 to are as follows: 150 days, (x) 150 to 200 days, (xi) more than 200 days, 1 January 2011 to 31 December 2011—330 days long term, 107 (xii) more than three months, (xiii) more than six months short term and (xiv) more than one year on paid sick leave (A) 1 October 2011 to 30 September 2012—386 days long term, consecutively and (B) in total in each of the last five 261 short term years. [148012] My Department has two non-departmental public bodies—the Northern Ireland Human Rights Commission and the Parades Commission for Northern Ireland; and Mike Penning: Comparable figures for my Department one advisory non-departmental public body—the Boundary as it is now configured are not available following the Commission for Northern Ireland. As such bodies are completion of the devolution of policing and justice independent of Government, my hon. Friend may wish functions on 12 April 2010. to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected] 401W Written Answers18 MARCH 2013 Written Answers 402W

Telephone Services Financial year April 2010 to March 2011: (i) Resignation—0 Richard Burden: To ask the Secretary of State for (ii) Retirement—2 Northern Ireland how many (a) 0800, (b) 0808, (c) (iii) Redundancy— 0 0844, (d) 0845 and (e) 0870 telephone numbers for the (iv) Transferral to another public sector post—0 public are in use by her Department. [147824] (v) Another reason—2. Mike Penning: My Department does not have any Financial year April 2011 to March 2012: 0800, 0808, 0844, 0845 or 0870 telephone numbers for (i) Resignation—4 public use. (ii) Retirement—2 (iii) Redundancy—0 Termination of Employment (iv) Transferral to another public sector post—4 (v) Another reason—0. Priti Patel: To ask the Secretary of State for Northern Financial year April 2012 to date: Ireland how many officials in (a) her Department and (i) Resignation—5 (b) each of its non-departmental public bodies have left that body due to (i) resignation, (ii) retirement, (iii) (ii) Retirement—3 redundancy, (iv) transferral to another public sector (iii) Redundancy—0 post and (v) another reason in each of the last five (vi) Transferral to another public sector post—2 years. [147955] (vii) Another reason—0. My Department has two non-departmental public Mike Penning: Comparable figures for my Department bodies—the Northern Ireland Human Rights Commission as it is now configured are not available following the and the Parades Commission for Northern Ireland—and completion of the devolution of policing and justice one advisory non-departmental public body—the Boundary functions on 12 April 2010. Commission for Northern Ireland. As such bodies are In relation to my Department, the information requested independent of Government, my hon. Friend may wish is as follows: to write to the Commissions direct on these matters.

ALB Status Contact details

Parades Commission for Northern Ireland Executive NDPB [email protected] Northern Ireland Human Rights Commission Executive NDPB [email protected] Boundary Commission for Northern Ireland Advisory NDPB [email protected]

Terrorism Pay

Bob Stewart: To ask the Secretary of State for Northern Ireland what recent assessment she has made of activities Priti Patel: To ask the Secretary of State for Scotland of (a) loyalist and (b) republican paramilitary groups. how much was paid to officials in his Department in [145373] bonuses and other payments in addition to salary in each of the last five years; how many officials received Mike Penning: I would refer my hon. Friend to the such payments; and what the monetary value was of written ministerial statement that the Secretary of State the 20 largest payments made in each year. [148032] for Northern Ireland, my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), made on 28 February 2013, Official Report, column 35WS. David Mundell: All staff in the Scotland Office are on assignment, loan or secondment from other Government bodies, mainly the Scottish Government and the Ministry of Justice and therefore may be eligible for bonuses, SCOTLAND allowances and other payments additional to basic salary Leave in different ways through their parent bodies’ pay arrangements. Priti Patel: To ask the Secretary of State for Scotland The Scotland Office is not responsible for payments how many officials in his Department qualify for privilege made through end of year performance payments or days; and what the total cost to the public purse was of allowances under staffs’ parent bodies’ pay arrangements the number of privilege days utilised each year by such and does not hold information centrally on these matters. officials. [147747] The Office is however able to directly authorise non- David Mundell: The Scotland Office does not employ consolidated and non-pensionable bonus payments staff directly and has no direct costs in respect of (including small and instantaneous awards, eg vouchers) privilege days. All staff that join the Office do so on an in recognition of special effort, achievement and assignment, secondment or loan agreement from other commitment. The following table shows the cost of Government bodies but principally from the Scottish such payments in each of the last five years and the Government or the Ministry of Justice. Public and monetary value of the 20 largest payments made in privilege holidays are a matter for the parent bodies. each year: 403W Written Answers18 MARCH 2013 Written Answers 404W

Recruitment Number of officials Financial year Total cost (£) receiving payments Priti Patel: To ask the Secretary of State for Scotland 2011-12 2,265 11 how many officials were recruited to his Department in 2010-11 3,670 (13,400) 26 each of the last five years. [147975] 2009-10 2,925 17 2008-09 2,900 8 David Mundell: I refer the hon. Member to the answer 2007-08 2,150 6 given on 13 February 2013, Official Report, column 1 Figure relates to the monetary value of the 20 largest bonus 744W. payments. Sick Leave The only other category of payment made to officials Priti Patel: To ask the Secretary of State for Scotland in addition to basic salary was overtime/travel time how many days his Department has lost to staff sickness payments totalling: £48,946.82 in 2011-12, £46,228.63 in each of the last five years; and what estimate he has in 2010-11, £73.649.76 in 2009-10, £86,513.97 in 2008-09, made of the cost of such absence in each year. [147994] and £39,778.09 in 2007-08. The monetary value of the 20 largest overtime/travel time payments made was David Mundell: All Scotland Office staff are on £24,211.63 in 2011-12, £27,207.77 in 2010-11, £29,093.90 secondment from other Government bodies, principally in 2009-10. For the years 2008-09 and 2007-08, this the Scottish Government or the Ministry of Justice, information was not retained. which have their own absence management policies and recording procedures that apply to those of their staff Priti Patel: To ask the Secretary of State for Scotland working in this Office. Since 2010, the Scotland Office what allowances and subsidies in addition to salary has local records that confirm staff incurred 142.5 days were available to officials in his Department in each of absence in 2010, 112.5 days in 2011 and 85.5 days in the last five years; and what the monetary value was of 2012. The Office’s senior management keeps sick absence such payments and allowances in each such year. under review and has noted that the rate of absence is [148051] low compared to other bodies and that it has declined since 2010. David Mundell: All staff in the Scotland Office are on an assignment, secondment or loan from other Government Priti Patel: To ask the Secretary of State for Scotland bodies; in the majority of cases, the Scottish Government how many officials in his Department have had (a) or the Ministry of Justice. The Office is not responsible fewer than five days, (b) five to 10 days, (c) 10 to 15 for the setting or payment of allowances and subsidies days, (d) 15 to 20 days, (e) 20 to 25 days, (f) 25 to 50 set through the parent bodies’ pay arrangements. days, (g) 50 to 75 days, (h) 75 to 100 days, (i) 100 to 150 days, (j) 150 to 200 days, (k) more than 200 days, (l) more than three months, (m) more than six months Plants and (n) more than one year on paid sick leave (i) consecutively and (ii) in total in each of the last five years. [148013] Andrew Bridgen: To ask the Secretary of State for Scotland how much his Department spent on indoor David Mundell: All Scotland Office staff are on and outdoor plants and trees in each year between 2005 assignment, loan or secondment from other Government and 2010. [147425] bodies, principally the Scottish Government and the Ministry of Justice, which have their own absence David Mundell: The Scotland Office does not set management policies and recording processes, that apply aside a specific budget for indoor and outdoor plants to those of their staff working in this Office. Since 2010, and trees, and the costs are not separately identifiable the Scotland Office has kept local records of sick absences. between 2005 and 2010. All expenditure incurred is in The information requested is supplied in the following accordance with the principles of Managing Public table for the years 2010 to 2012, and shows the number Money. of occurrences of sick leave rather the number of officials.

Number of occurrences where officials Number of occurrences where officials Number of occurrences where officials have had consecutive days sick leave in have had consecutive days sick leave in have had consecutive days sick leave in 2010 2011 2012

(a) fewer than five days 60 49 35 (b) five to 10 days 4 2 0 (c) 10 to 15 days 0 1 1 (d) 15 to 20 days 0 0 0 (e) 20 to 25 days 0 0 0 (f) 25 to 50 days 0 0 0 (g) 50 to 75 days 0 0 0 (h)75 to 100 days 0 0 0 (i) 100 to 150 days 0 0 0 (j) 150 to 200 days 0 0 0 (k) more than 200 days 0 0 0 (1) more than three months 0 0 0 405W Written Answers18 MARCH 2013 Written Answers 406W

Number of occurrences where officials Number of occurrences where officials Number of occurrences where officials have had consecutive days sick leave in have had consecutive days sick leave in have had consecutive days sick leave in 2010 2011 2012

(m) more than six months 0 0 0 (n) more than one year on 000 paid sick leave

Sovereignty Commission on Devolution in Wales

Cathy Jamieson: To ask the Secretary of State for Owen Smith: To ask the Secretary of State for Wales Scotland what representations he has received from the when the Government plans to respond to the Scottish Government regarding (a) passports and (b) recommendations of the first report of the Commission dual citizenship with the UK in the event of an on Devolution in Wales. [147909] independent Scotland. [148514]

David Mundell: The Secretary of State for Scotland, Stephen Crabb: As the Government announced in the the right hon. Member for Berwickshire, Roxburgh and autumn statement, we will respond formally to the first Selkirk (Michael Moore), has received no representations report of the Commission on Devolution in Wales in from the Scottish Government regarding passports or the spring. dual citizenship with the UK in the event of an independent Scotland. Domestic Visits Telephone Services Jessica Morden: To ask the Secretary of State for Richard Burden: To ask the Secretary of State for Wales how many official engagements have been Scotland how many (a) 0800, (b) 0808, (c) 0844, (d) undertaken in Wales by each of the Under Secretaries 0845 and (e) 0870 telephone numbers for the public of State for Wales since taking up their posts. [148808] are in use by his Department. [147825] Stephen Crabb: Since our appointments, my noble David Mundell: The Scotland Office does not use any Friend the Parliamentary Under-Secretary of State for (a) 0800, (b) 0808, (c) 0845 or (d) 0870 telephone Wales, Baroness Randerson, has undertaken 43 official numbers for the public. engagements in Wales, and I have undertaken 24. We both of course also undertake numerous engagements Termination of Employment in London to press the interests of Wales.

Priti Patel: To ask the Secretary of State for Scotland Housing Benefit: Social Rented Housing how many officials in his Department have left that body due to (i) resignation, (ii) retirement, (iii) redundancy, (iv) transferral to another public sector post and (v) Jessica Morden: To ask the Secretary of State for another reason in each of the last five years. [147956] Wales what recent meetings he has had with bodies representing housing associations and tenants in Wales David Mundell: The Scotland Office does not employ to discuss the effect of the under-occupation penalty. staff directly. All staff that join the Office do so on an [148807] assignment, secondment or loan agreement from other Government bodies but principally from the Scottish Stephen Crabb: Details of ministerial meetings with Government or the Ministry of Justice. Employment all external organisations are published as part of the matters specific to (i) resignation, (ii) retirement, (iii) Wales Office quarterly transparency returns. redundancy, (iv) transferral to another public sector post or (v) for other reasons, are for these parent bodies. Leave

Priti Patel: To ask the Secretary of State for Wales WALES how many officials in his Department qualify for Budget March 2013 privilege days; and what the total cost to the public purse was of the number of privilege days utilised each Owen Smith: To ask the Secretary of State for Wales year by such officials. [147750] what discussions he has had with the Chancellor of the Exchequer on the likely effect on Wales of measures Stephen Crabb: All civil servants (both permanent planned to be announced in Budget 2013. [147918] and temporary) in the Wales Office qualify for privilege days in addition to their holiday entitlements. Ministry Stephen Crabb: The Secretary of State for Wales, my of Justice officials receive 2.5 privilege days per annum, right hon. Friend the Member for Clwyd West (Mr and Welsh Government officials receive two privilege Jones), has written to the Chancellor of the Exchequer days per annum, as part of their terms and conditions outlining Welsh priorities for Budget 2013 including of service. This includes a privilege day relating to the proposals from the Wales Office Business Advisory Queen’s birthday. The total cost could be estimated Group. only at disproportionate cost. 407W Written Answers18 MARCH 2013 Written Answers 408W

National Assembly for Wales Stephen Crabb: The Wales Office is not an employer in its own right and therefore has had no locus to recruit Owen Smith: To ask the Secretary of State for Wales externally in the last five years. when he plans to bring forward legislative proposals relating to the proposals included in the Green Paper Severn River Crossing on future electoral arrangements of the National Assembly for Wales. [147912] Jessica Morden: To ask the Secretary of State for Wales what recent discussions he has had with the Stephen Crabb: The Secretary of State for Wales, my Secretary of State for Transport on the operation of right hon. Friend the Member for Clwyd West (Mr the Severn bridges when the concession ends; and what Jones), announced on 12 March 2013, Official Report, level of tolling is appropriate at that stage. [148809] columns 8-9WS, that the Government will take forward three proposals included in the Green Paper on future Stephen Crabb: The Secretary of State for Wales, my electoral arrangements tor the National Assembly for right hon. Friend the Member for Clwyd West (Mr Wales. The Government will bring forward legislation Jones), has regular discussions with the Secretary of to effect these changes at the earliest opportunity. State for Transport, my right hon. Friend the Member for Derbyshire Dales (Mr McLoughlin), on transport Pay matters which affect Wales. No decisions have yet been made on the future of the two crossings after the Priti Patel: To ask the Secretary of State for Wales forecast end of the current concession with Severn how much was paid to officials in his Department in River Crossings plc in 2018. However, the Government bonuses and other payments in addition to salary in has been clear that it will need to continue to toll after each of the last five years; how many officials received the current concession ends in order to recover costs such payments; and what the monetary value was of incurred by UK taxpayers in relation to the crossings. the 20 largest payments made in each year. [148035] Sick Leave Stephen Crabb: The following table details the bonuses paid to Wales Office staff in each if the last five financial Priti Patel: To ask the Secretary of State for Wales years: how many days his Department has lost to staff sickness in each of the last five years; and what estimate he has Number of officials Monetary value of Financial year paid bonuses each bonus (£) made of the cost of such absence in each year. [147997]

2007-08 5 400 Stephen Crabb: Prior to 1 April 2011, the Wales 2008-09 1 1,200 Office was part of the Ministry of Justice. Therefore, 2009-10 1 8,000 our figures for the periods prior to 1 October 2010 will 6 1,200 form part of the Ministry of Justice figures. 2010-11 1 7,500 The figures for the period from 1 October 2010 are 5 1,200 shown in the following table. 2011-12 1 7,500 7 1,200 Reporting period Number of working days lost due to sickness

Priti Patel: To ask the Secretary of State for Wales 1 October 2010 to 30 September 331 2011 what allowances and subsidies in addition to salary 1 October 2011 to 30 September 263 were available to officials in his Department in each of 2012 the last five years; and what the monetary value was of such payments and allowances in each such year. No estimate of the cost of this absence has been [148054] made. Robust procedures are in place to manage absence, and in particular long term absence, which has made up Stephen Crabb: The Wales Office is not an employer a significant proportion of the days lost. in its own right. Our permanent staff are employees of the Ministry of Justice (MOJ), with others on loan Priti Patel: To ask the Secretary of State for Wales from other Government Departments and the Welsh how many officials in his Department have had (a) fewer Government. Allowances and subsidies for MOJ staff than five days, (b) five to 10 days, (c) 10 to 15 days, (d) working in the Wales Office, and those on loan to the 15 to 20 days, (e) 20 to 25 days, (f) 25 to 50 days, (g) 50 Wales Office who are paid via the MOJ payroll, will be to 75 days, (h) 75 to 100 days, (i) 100 to 150 days, (j) included in the answer to this question given by the 150 to 200 days, (k) more than 200 days, (l) more than Ministry of Justice. three months, (m) more than six months and (n) more than one year on paid sick leave (i) consecutively and Recruitment (ii) in total in each of the last five years. [148016]

Priti Patel: To ask the Secretary of State for Wales Stephen Crabb: It would not be possible to provide how many officials were recruited to his Department in the data requested without incurring a disproportionate each of the last five years. [147978] cost. 409W Written Answers18 MARCH 2013 Written Answers 410W

Social Security Benefits: Disability 0845 and (e) 0870 telephone numbers for the public are in use by his Department. [147828] Jessica Morden: To ask the Secretary of State for Wales what assessment his Department has undertaken Stephen Crabb: None. of the effect of welfare changes on disabled people in Wales. [148772] Termination of Employment Stephen Crabb: The effect of welfare changes on Priti Patel: To ask the Secretary of State for Wales disabled people has been assessed by the Department how many officials in his Department have left that for Work and Pensions in their equality impact assessments. body due to (i) resignation, (ii) retirement, (iii) redundancy, The Welfare Reform Act 2012 impact assessments and (iv) transferral to another public sector post and (v) equality impact assessments are available on their website. another reason in each of the last five years. [147959] Telephone Services Stephen Crabb: The numbers of officials who have Richard Burden: To ask the Secretary of State for left the Wales Office by the reasons requested are in the Wales how many (a) 0800, (b) 0808, (c) 0844, (d) following table.

Financial year 2012-13 (to Reasons for leaving 2008-09 2009-10 2010-11 2011-12 date)

(i) resignation 00100 (ii) retirement 02131 (iii) redundancy 0 1 0 3 1 (iv) transferral to another public sector post 3 6 8 12 18 (v) another reason 1 1 1 0 1 Not known 60000

The Wales Office is not an employer in its own right, PRIME MINISTER and many Wales Office staff are on time-limited loan from other Government Departments and the Welsh Climate Change Government. Staff returning to their home Departments at the end of their loan periods are counted as transfers to other public sector posts. Staff who left on redundancy Mr Wallace: To ask the Prime Minister if he will all took voluntary exits. make climate change one of the main priorities of the upcoming G8 summit in Northern Ireland. [148526]

Trade Unions The Prime Minister: The UK’s presidency of the G8 this year is an opportunity to make progress on delivering Jessica Morden: To ask the Secretary of State for practical action on the vital global issues of trade, tax Wales what recent meetings he has had with trades and transparency. The G8 will also be an opportunity to make progress on other global issues, including climate unions in Wales. [148768] change which will be part of the discussions at the first Stephen Crabb: Details of ministerial meetings with formal G8 Foreign Ministers’ meeting on 10 and 11 all external organisations are published as part of the April 2013. Wales Office quarterly transparency returns. Food Banks

Universal Credit Mr Watts: To ask the Prime Minister pursuant to his answer of 6 March 2013, Official Report, column 953, Owen Smith: To ask the Secretary of State for Wales how many people were using food banks in (a) 2000, what assessment he has made of the outcome of the (b) 2005, (c) 2010 and (d) the last period for which demonstration project for universal credit carried out figures are available. [147805] in Torfaen. [147913] The Prime Minister: I refer the hon. Member to the Stephen Crabb: The direct payment demonstration Trussell Trust website where the figures on food banks projects are providing the Government with information have been published. I have placed a copy of the document about how to design the direct payment aspect of universal in both Libraries of the House. credit so that it has the least impact on both tenants and landlords. The Government is testing a variety of India approaches with a mix of tenants during the projects to understand what interventions best help tenants who fall into arrears. With this information, the Department Keith Vaz: To ask the Prime Minister how many for Work and Pensions is aware of the issues and how times he has visited India in an official capacity since best to tackle them. 2010. [147810] 411W Written Answers18 MARCH 2013 Written Answers 412W

The Prime Minister: Details of ministerial overseas HOME DEPARTMENT travel are published quarterly on the Cabinet Office website. I have placed copies of my published overseas Alcoholic Drinks: Prices visits since 2010 in both Libraries of the House. Priti Patel: To ask the Secretary of State for the Home Department whether she has sought legal advice Iraq Committee of Inquiry on the legality of the UK adopting a minimum unit price for alcohol. [R] [148537] Mr Amess: To ask the Prime Minister (1) what recent discussions he has had with the (a) chairman and (b) Mr Jeremy Browne: The advice which the Government secretary of the Chilcot Inquiry on the publication of has received on this issue is subject to legal privilege. We its report; and if he will make a statement; [147933] do not, therefore, believe it appropriate to disclose this advice (or any summary of it). (2) whether he plans to publish the report of the Iraq Inquiry in full; and if he will make a statement. [147934] Communications Data Bill (Draft)

Guto Bebb: To ask the Prime Minister pursuant to Pete Wishart: To ask the Secretary of State for the the answer of 6 March 2013, Official Report, column Home Department what steps she has taken to consult 408W, on Iraq: Chilcot Inquiry, how long he expects (a) the Scottish Government, (b) Scottish local the Maxwellisation process to take before the authorities, (c) the Police Service of Scotland and (d) publication of the final report. [148258] the Scottish Crime and Drug Enforcement Agency on the revised draft Communications Data Bill. [148407]

The Prime Minister: Sir John Chilcot wrote to me on James Brokenshire: Home Office Ministers and officials 13 July 2012, updating me on the inquiry’s progress. I have meetings with a variety of organisations and replied to Sir John on 17 July. Both letters have been individuals, as part of the process of developing the revised published on the inquiry’s website and I have placed Communications Data Bill. Although Communications copies in the Libraries of both Houses. Data is a reserved matter, this has included meetings The inquiry’s report will be published in Parliament, with key groups in Scotland that will be affected by the subject to any redactions agreed under the protocol. Bill. Details of ministerial consultation are published The Maxwellisation process is a matter for the inquiry, on the Cabinet Office website on a quarterly basis. which is independent of Government. Crime Prevention: Wales

Office of the Quartet Representative Huw Irranca-Davies: To ask the Secretary of State for the Home Department (1) which organisations in Mr Amess: To ask the Prime Minister (1) what the South Wales police area received funds from the discussions he has had with Tony Blair in his role as the Drug Intervention Programme Main Grant in (a) Quartet Special Representative in the last 12 months; 2012-13 and (b) 2011-12; and how much each such what was discussed at each such meeting; on what date organisation received in each such year; [148306] each meeting took place; and if he will make a (2) which organisations in the South Wales police statement; [147931] force area received funds from the Drug Testing Grant (2) what assessment he has made of the progress in (a) 2012-13 and (b) 2011-12; and how much each made by Tony Blair in his role as the Quartet Special such organisation received in each such year; [148307] Representative; what recent discussions he has had with (3) which organisations in the South Wales police Tony Blair on this issue; and if he will make a statement; force area received funds from the Community Safety [147932] Partnership funding programme in (a) 2012-13 and (3) what recent reports he has received on the work of (b) 2011-12; and how much each such organisation Mr Tony Blair in his role as Middle East Peace Envoy; received in each such year; [148308] what recent discussions (a) he and (b) Ministers in the (4) which organisations in the South Wales police Government have had with Mr Blair on this issue; and force area received funds from the Youth Crime and if he will make a statement. [148406] Substance Misuse Prevention Activities funding in (a) 2012-13 and (b) 2011-12; and how much each such organisation received in each such year; [148309] The Prime Minister: The Quartet has an important role to play in bringing Israelis and Palestinians together (5) which organisations in the South Wales police as we urgently seek to move the peace process forward. I force area received funds from the Positive Futures have met Tony Blair in his role as the Quartet’s Special programme in (a) 2012-13 and (b) 2011-12; and how Representative on a number of occasions, most recently much each such organisation received in each such year; on 6 February 2013 and 13 September 2012. During [148311] these meetings we have discussed the prospects for the (6) which organisations in the South Wales police Middle East Peace Process and the vital role the US has force area received funds from the Communities against in leading an effort to revive this, supported by European, guns, gangs and knives programme in (a) 2012-13 and Arab and other nations. We have also discussed how to (b) 2011-12; and how much each such organisation support US efforts in this regard. received in each such year; [148312] 413W Written Answers18 MARCH 2013 Written Answers 414W

(7) which organisations in the South Wales police her Department, relating to drugs, crime or community force area received funds from the Ending Gang and safety which are ending in March 2013 but which were Youth Violence programme in (a) 2012-13 and (b) not specifically listed on her Department’s website as 2011-12; and how much each such organisation received ending to make way for the introduction of the new in each such year; [148313] Community Safety Fund in (a) 2012-13 and (b) (8) which organisations in the South Wales police 2011-12. [148316] force area received funds from the Communities Against Crime Innovation fund in (a) 2012-13 and (b) 2011-12; Damian Green: The following table provides figures and how much each such organisation received in each for funding provided by the Home Office to organisations such year; [148314] and agencies within the South Wales police force area in (9) which organisations in the South Wales police 2011-12 and 2012-13. Detailed breakdowns are provided force area received funds from the Safer Future where funding was allocated directly by the Department Communities programme in (a) 2012-13 and (b) 2011-12; to organisations in the area. and how much each such organisation received in each Other than the funding streams listed on the Home such year; [148315] Office website, there were no other relevant funds awarded (10) which organisations in the South Wales police in the South Wales area from drugs, crime and community force area received funds from any funding stream from safety funding streams that are ending in March 2013.

Allocation of Home Office funding to organisations within the South Wales police area £ Funding stream Recipient 2011-12 2012-13

Communities Against Crime Atal Y Fro 41,246 42,483 Innovation Fund Black Voluntary Sector Network Wales 22,574 48,975 Cardiff Women’s Aid 4,517 8,145 Christian Youth Outreach 2,155 45,409 Cwmafan Residents Action Committee 21,560 8,314 Disability Wales 0 49,472 Media Academy Cardiff 30,936 43,582 New Pathways 20,374 40,496 New Sandfields Aberavon 4,168 45,832 Safer Merthyr Tydfil 15,925 42,493

Community Safety Fund1 Bridgend Council 110,929 56,119 Cardiff Council 294,493 148,985 Merthyr Tydfil Council 81,375 41,168 Neath Port Talbot Council 118,009 59,701 Rhondda Cynon Taff Council 162,776 82,349 Swansea Council’ 238,101 120,456 Vale of Glamorgan Council 111,614 56,466

Drug Interventions Programme2 Wales Government (5,509,457) (5,068,700)

Drug Testing Grant South Wales Police 372,306 353,691

Ending Gang and Youth Violence No funding 0 0

Guns, Gangs and Knives Breakout 9,990 9,960 Ethnic Youth Support Team 10,000 10,000 Llamau Ltd 10,000 10,000 Media Academy 10,000 10,000 Vibe Experience Ltd 10,000 10,000

Positive Futures Bridgend Council 35,000 35,000

Safer Future Communities Council for Wales of Voluntary Youth Services 22,500 30,000 Wales Council for Voluntary Action 55,800 60,000

Youth Crime and Substance Bridgend Council 34,829 39,347 Misuse3 415W Written Answers18 MARCH 2013 Written Answers 416W

Allocation of Home Office funding to organisations within the South Wales police area £ Funding stream Recipient 2011-12 2012-13

Cardiff Council 34,880 97,739 Merthyr Tydfil Council 48,500 43,284 Neath Port Talbot Council 53,629 44,307 Rhondda Cynon Taff Council 82,377 79,959 Swansea Council 66,501 78,176 Vale of Glamorgan Council 29,942 29,122 1 This is a different ‘Community Safety Fund’ from that allocated to PCCs. 2 This grant is one amount given for all of Wales. It is allocated by the Wales Government. 3 The amounts for 2012-13 are the combined totals of direct grant to South Wales police authority and contributions to the Youth Justice Grant (managed bythe Youth Justice Board), which went directly to Youth Offending Teams. Note: Amounts given are to the nearest £.

Customs Mr Harper: Border Force does not specifically record seizures of illegal medication. These will be included within other class A/B/C seizures as published within Andrew Rosindell: To ask the Secretary of State for the Home Office Statistical Bulletin “Seizures of Drugs the Home Department what steps she is taking to in England and Wales” and the Border Force publication reduce the entry by sea into the UK of banned substances. for drugs seizures within the UK. The Home Office [148354] bulletin is a yearly publication which covers the last 10 years and the Border Force figures, which are published Mr Harper: Border Force is committed to preventing on a quarterly basis, cover 2011-12 onwards. banned substances from crossing the Border into the Border Force figures UK. Border Force Maritime and Aviation Operations is http://www.ukba.homeoffice.gov.uk/sitecontent/documents/ the single provider of maritime enforcement, surveillance aboutus/drug-seizures/ and interception capability for Border Force. Its fleet of five offshore patrol vessels, known as cutters, operate 24 Home Office statistics hours a day, 365 days a year, detecting prohibited and http://www.homeoffice.gov.uk/publications/science-research- restricted goods and preventing tax fraud by searching statistics/research-statistics/police-research/hosb1212/ all types of vessels. hosb1212?view=Binary The fleet provide an essential surveillance and European Convention On Human Rights enforcement capability in UK waters. Cutters regularly work closely and train with other Government Departments such as the police and military to disrupt and deter any Mr Blunkett: To ask the Secretary of State for the sea-borne criminal threat. Through co-ordinated intelligence Home Department whether work is being undertaken and marine assets, this specialised law enforcement and resources devoted by her Department to plans for capability allows the agency to make an important the UK to withdraw from the European convention on contribution in protecting the border. human rights; and whether an impact assessment has been made in respect of the consequences of such a Their role in preventing banned substances from withdrawal. [148128] crossing the border varies between strategic patrols, tactical response work or intelligence-led interceptions James Brokenshire: The Department keeps the to control general maritime traffic in UK waters and implications of the European convention on human around the more remote areas, visited less often by rights for Home Office business under review. land-based teams. Moreover Border Force use targeting techniques in Human Trafficking order to combat potential threats from canalised maritime traffic. Targeting is a means of selecting a person or a Dame Anne Begg: To ask the Secretary of State for consignment for examination at the border, based on the Home Department what steps the Government is trade and carrier data received pre-arrival or pre-departure. taking to ensure that frontline public services staff are Targeting is used to inform deployment in order to fully trained to recognise the signs of human trafficking. maximise the effectiveness of limited resources by deploying [148223] to the highest risk. Targeting relies on intelligence and profiles that are up-to-date being laid over the data Mr Harper: Mandatory training on human trafficking received from the trade in order to identify those movements is already provided for frontline staff in the police, the worthy of further attention. UK Border Agency and the Border Force. Working with partners, the Home Office has funded Customs: Drugs training and awareness-raising activities for front-line staff within the health care, social work and criminal Andrew Rosindell: To ask the Secretary of State for justice sectors. the Home Department how much illegal medicine has The Department of Health will be launching a human been confiscated at UK borders in each of the last five trafficking toolkit for health care professionals in April years. [148231] 2013. 417W Written Answers18 MARCH 2013 Written Answers 418W

Immigration Controls Staff

Keith Vaz: To ask the Secretary of State for the Home Chris Bryant: To ask the Secretary of State for the Department how many representations she has received Home Department what estimate she has made of from hon. Members on the raising of restrictions on staffing levels at the (a) UK Border Agency, (b) UK Romanian and Bulgarian migrants in 2014. [145854] Border Force and (c) Identity and Passport Service in (i) 2013, (ii) 2014 and (iii) 2015. [146925] Mr Harper [holding answer 4 March 2013]: Since 1 January 2013, the Home Office has received 10 Mr Harper [holding answer 11 March 2013]: The parliamentary questions from hon. Members on the latest Home Office business plan, published in May lifting of transitional controls on Romanian and Bulgarian 2012 and updated annually, contains planned numbers migrants. of paid full-time equivalent staff in its business areas Since the same date, the Home Office has received 91 for the end of March 2013. It is available on the Home pieces of correspondence from MPs on the exercise of Office website. free movement rights. We do not hold more specific http://www.homeoffice.gov.uk/publications/about-us/ information on correspondence received regarding the corporate-publications/business-plan/business-plan-2012-15/ lifting of transitional controls on Romanian and Bulgarian business-plan-doc migrants. The Home Office keeps its workforce plans under regular review. Organised Crime: Females

Sussex Police Andrew Rosindell: To ask the Secretary of State for the Home Department (1) what steps she is taking to protect girls under the age of 16 from becoming involved Tim Loughton: To ask the Secretary of State for the in gang-related crime; [148277] Home Department what level of complaints against (2) what assessment she has made of the relationship Sussex Police have been received in each of the last five between gang-related crime and violent assaults on years; and what comparative assessment she has made girls below the age of 16. [148278] between other constabularies. [148509]

Damian Green: The Government report, “Ending Damian Green: This information is not collected by Gang and YouthViolence” (November 2011) recognised the Home Office. It is collated by the Independent the importance of tackling gang-related violence on Police Complaints Commission and is available on their girls, and refers to research by Race on the Agenda website at: (2010:11) which exposed the significant harm that girls www.ipcc.gov.uk associated with gangs can experience. Further research has been undertaken by the Office of the Children’s Tim Loughton: To ask the Secretary of State for the Commissioner (2012) and Bedfordshire University (2012). Home Department what recent discussions she has had Steps taken to protect girls from becoming involved with Sussex police on improving crime detection rates. in gang-related crime are set out in the “Ending Gang [148510] and Youth Violence Report: One Year On” document (November 2012). This includes dedicated funding of Mr Jeremy Browne: This Government has scrapped £1.2 million over three years (April 2012 to March all national policing targets in order that police forces 2015) to improve services for girls under 18 at risk of, or can focus on cutting crime and achieving the best victims of, sexual violence and exploitation by gangs. outcomes for victims and the wider community. For this The reports are available on the Home Office website. reason, the Secretary of State for the Home Department, the right hon. Member for Maidenhead (Mrs May), has Racially Aggravated Offences had no recent discussions with Sussex police on the issue of improving the crime detection rates. Tim Loughton: To ask the Secretary of State for the Home Department what discussions she has had with Written Questions: Government Responses the Association of Chief Police Officers on issuing guidance to chief constables in respect of dealing with racist incidents. [148512] Diana Johnson: To ask the Secretary of State for the Home Department when she intends to answer named-day Mr Jeremy Browne: The Government is committed to written parliamentary questions 146432 and 146422 for tackling all forms of hate crime and works closely with answer on 5 March 2013; and for what reasons both the Association of Chief Police Officers and other questions were not answered on the day named. [148360] partners. The Association of Chief Police Officers issued guidance for dealing with hate crimes to police forces in James Brokenshire: I answered parliamentary question England, Wales and Northern Ireland in 2005. The 146422 on 13 March 2013, Official Report, column guidance is currently being updated and new guidance 232W, and 146432 on 14 March 2013, Official Report, will be sent out to all police forces in England, Wales columns 304-05W. I am very sorry for not answering and Northern Ireland shortly. these questions on the day named. 419W Written Answers18 MARCH 2013 Written Answers 420W

INDEPENDENT PARLIAMENTARY Greg Clark: On 31 January 2013, the Financial Services STANDARDS AUTHORITY COMMITTEE Authority published the findings of the pilot review into interest rate swap mis-selling. The full review of Staff 40,000 cases is now under way, and the FSA says it should be completed within six months. Helen Jones: To ask the hon. Member for The banks have agreed to prioritise the cases of those Broxbourne, representing the Speaker’s Committee for businesses facing financial difficulty and to stop the the Independent Parliamentary Standards Authority, payments on these products for such businesses. how many (a) permanent and (b) temporary staff are employed by the Independent Parliamentary Standards The chief executive officer of each of the banks Authority; and how many such staff were employed in participating in the review have personally committed May (i) 2010, (ii) 2011 and (iii) 2012. [147607] that, except in exceptional circumstances such as, for example, where this is necessary to preserve value in the Mr Charles Walker [holding answer 12 March 2013]: customer’s business, they will not foreclose on or adversely The information requested falls within the responsibility vary existing lending facilities, without obtaining the of the Independent Parliamentary Standards Authority. customer’s prior consent. I have asked IPSA to reply. Letter from Andrew McDonald, dated 15 March 2013: Pamela Nash: To ask the Chancellor of the Exchequer As Chief Executive of the Independent Parliamentary Standards how many smaller lenders based in Scotland (a) have Authority, I have been asked to reply to your Parliamentary applied and (b) were approved to take part in the Question asking for staffing figures. Funding for Lending Scheme since its creation. [148792] Figures for staffing for May in each of the years requested are not readily available and cannot be obtained without incurring disproportionate cost. For the first year of IPSA’s operation, Greg Clark: The list of banks and building societies staffing figures are available as at July 2010. For subsequent years, that are currently participating in the Funding for Lending staffing figures have been reported at the end of each financial Scheme is available on the Bank of England website: year as in IPSA’s ‘Annual Report and Accounts’. http://www.bankofengland.co.uk/markets/Pages/FLS/data.aspx These are as follows:

July 2010 March 2011 March 2012 Pamela Nash: To ask the Chancellor of the Exchequer how many applications to the Funding for Lending Permanent staff 27 39 55 Scheme were (a) made and (b) approved for businesses Temporary staff 54 44 7 based in (i) Scotland, (ii) England, (iii) Wales and (iv) (including secondees) Northern Ireland since its creation. [148793] Total 81 83 62 Staffing figures as at 12 March 2013 are as follows: Greg Clark: The Funding for Lending Scheme is designed to incentivise banks and building societies to March 2013 boost their lending to UK households and non-financial Permanent staff 40 companies. The Scheme offers funding to banks and Temporary staff (including secondees) 14 building societies for an extended period and encourages Total 54 them to supply more credit by making more and cheaper funding available if they lend more. There is no mechanical link between FLS funds and particular loans made by a participant; hence it is not possible to identify specific TREASURY loans as funded by the FLS. Air Passenger Duty: Caribbean Child Benefit Office Cathy Jamieson: To ask the Chancellor of the Exchequer if he will assess the effect of UK air Richard Burden: To ask the Chancellor of the Exchequer passenger duty on the number of arrivals from the UK if he will establish for the Child Benefit Office a contact to destinations in the Caribbean. [148379] telephone number that is a UK landline number beginning Sajid Javid: Air passenger duty rates are based on 01, 02 or 03. [148365] distance by band, not by distance to specific regions or countries. Therefore, HM Revenue and Customs collects Mr Gauke: On 28 January 2013, HMRC advised information on the amount of air passenger duty revenues Public Accounts Committee that it plans to start moving declared by rate and destination band. It does not its remaining 0845 numbers to 03 prefix numbers. This collect information on the contribution to air passenger work will start in April 2013, with its child benefit duty revenues made from flights to or from specific helpline. airports or countries. Child Trust Fund Banks: Loans

Mr Khalid Mahmood: To ask the Chancellor of the John Woodcock: To ask the Chancellor of the Exchequer how many small and medium-sized businesses Exchequer (1) what discussions he has had on measures will fail as a result of the mis-selling of complex structured to permit holders of child trust funds who are still loans by banks and the time taken for redress by those under the age of 18 to transfer the monetary value of banks and regulators. [148731] their fund to a junior ISA; [148073] 421W Written Answers18 MARCH 2013 Written Answers 422W

(2) what information his Department holds on the number of employments). They have also encouraged number of investment companies which have introduced new PAYE schemes to start operating RTI as soon as or increased annual fees for small investments since they start paying employees. May 2010; and if he will assess the likely effect of such HMRC do not hold data for the specific dates requested. charges on holders of child trust funds. [148077] The following table shows the number of PAYE schemes participating in the pilot at the end of tax months. Sajid Javid: The Treasury regularly meets a range of stakeholders to discuss tax-advantaged children’s savings. Schemes participating in RTI The Government do not hold information on the Month pilot number of investment companies which have introduced 5 November 2012 1,824 or increased annual fees for small investments since 5 December 2012 26,351 May 2010. Since the Child Trust Fund started, it has 5 January 2013 35,648 been possible for account providers to make charges for 5 February 2013 38,262 the management of accounts, providing the details are made clear in account terms and conditions. Around 5 March 2013 41,684 three quarters of all Child Trust Funds are stakeholder HMRC now project that, by the end of March 2013, accounts, and charges on these accounts must not exceed the RTI pilot will cover around 6 million individual 1.5% of the fund value. employments. Most employers and pension providers, Economic and Monetary Union who have not participated in the pilot, are expected to start submitting RTI from their first payday after 6 April 2013. This means that employers or pension providers Andrew Rosindell: Toask the Chancellor of the Exchequer who pay quarterly or annually, or only employ staff on what assessment he has made of the effect of instability a seasonal basis, may not join RTI until later in 2013-14. in the eurozone on the UK economy. [148351]

Greg Clark: The Office for Budget Responsibility Sick Leave (OBR) is responsible for producing independent economic and fiscal forecasts that would include their assessment Priti Patel: To ask the Chancellor of the Exchequer of the effect of instability in the eurozone. They will (1) how many days (a) his Department and (b) each of publish their next forecast on 20 March 2013. In their its non-departmental public bodies has lost to staff October 2012 forecast evaluation report, the OBR argued sickness in each of the last five years; and what that net trade accounted for roughly a third of the estimate he has made of the cost of such absence in unexpected weakness in UK growth compared to their each year; [147996] forecast at June 2010. UK export growth to European (2) how many officials in (a) his Department and Union countries has been markedly weaker than that to (b) each of its non-departmental public bodies have other countries, reflecting effects of instability in the had (i) fewer than five days, (ii) five to 10 days, (iii) 10 eurozone. to 15 days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to 50 days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 Foreign Companies to 150 days, (x) 150 to 200 days, (xi) more than 200 days, (xii) more than three months, (xiii) more than six Mr Blunkett: To ask the Chancellor of the Exchequer months and (xiv) more than one year on paid sick leave what information his Department holds on the number (A) consecutively and (B) in total in each of the last of overseas-based companies who have received more five years. [148015] than £200 million in central government contracts in the last two years; and how much corporation tax those Sajid Javid: The number of days lost to sickness corporations have paid to the UK Exchequer. [148222] absence in each of the last five years is as follows: HM Treasury Mr Gauke: HM Treasury does not hold a central As at 1 April to 31 March record of the contracts that have been let by central each year Working days lost Government Departments. Information about the amount of corporation tax paid by individual companies is held 2007-08 5,507 by HM Revenue and Customs, and is not disclosed due 2008-09 4,187 to taxpayer confidentiality. 2009-10 4,771 2010-11 4,554 PAYE 2011-12 4,653

Stephen Timms: To ask the Chancellor of the Exchequer Debt Management Office As at 1 April to 31 March how many PAYE schemes were participating in the real each year Working days lost time information pilot on (a) 1 November 2012, (b) 1 December 2012 and (c) 1 January 2013; and what are 2007-08 310 his projections for the numbers on (i) 1 February 2013, 2008-09 278 (ii) 1 March 2013, (iii) 1 April 2013 and (iv) 21 May 2009-10 447 2013. [137694] 2010-11 373 2011-12 480 Mr Gauke [holding answer 17 January 2013]: HMRC’s strategy for the latter months of the RTI pilot has been We do not currently make an estimate of the cost of to focus on bringing on the largest PAYE schemes (by sick absence to the Department. 423W Written Answers18 MARCH 2013 Written Answers 424W

You also asked for a breakdown of sick absence into Miss Chloe Smith: Public authorities are required to 14 different categories. However the information requested have due regard to equality issues in their procurement is not held centrally in this form and could be provided activity under the Equality Act 2010. Practical steps are only at disproportionate costs. contained in Procurement Policy Note 01/13. HM Treasury is firmly committed to the well-being of its staff and we keep under review various techniques and practices which support this commitment. Employees Leave have access to a range of well-being services, which are provided on site at full cost to the employee. In addition, Priti Patel: To ask the Minister for the Cabinet Office guidance is available for staff, for example on managing how many officials in (a) his Department and (b) each stress in the workplace, and support is available through of its agencies and non-departmental public bodies an Occupational Health service and an Employee Assistance qualify for privilege days; and what the total cost to the Programme. public purse was of the number of privilege days utilised each year by such officials. [147732] Tax Allowances Mr Maude: At present, as was the situation under Julian Sturdy: To ask the Chancellor of the Exchequer previous Administrations, Cabinet Office staff qualify what progress he has made on bringing forward transferable for 2.5 days privilege leave per year in addition to their tax allowances. [147626] annual leave entitlement. One of these days is granted under the authority of the Queen. Mr Gauke: Introducing a recognition of marriage in In the Civil Service Reform Plan, the Government the tax and benefit system is one of a wide range of announced its intention to modernise civil service terms measures that we are considering to support families and conditions, and to address those which are outliers and to demonstrate that we value commitment. relative to best practice in the private and wider public sector. Privilege leave represents a total cost to the public purse of 0.96% of the Department’s overall paybill. CABINET OFFICE

Emergencies Mobile Phones Chi Onwurah: To ask the Minister for the Cabinet Chi Onwurah: To ask the Minister for the Cabinet Office who holds (a) regional and (b) national Office how many BlackBerrys have been purchased by responsibility for civil contingency. [148721] his Department since May 2010. [148663] Miss Chloe Smith: The 2004 Civil Contingencies Act Mr Hurd: Further to my answer of 7 March 2013, sets out a single framework for civil protection in the Official Report, column 1140W, the Cabinet Office has UK. Part 1 of the Act defines the local arrangements purchased 825 BlackBerrys from 2011 up to 13 March for civil protection and establishes a clear set of roles 2013. Data from before 2011 is not readily available. I and responsibilities for organisations at the core of the response to most emergencies. The Civil Contingencies Secretariat within Cabinet Non-departmental Public Bodies Office is responsible for co-ordinating work across Government to improve the UK’s ability to prepare for, respond to, and recover from emergencies as set out Michael Ellis: To ask the Minister for the Cabinet within the Act. The Resilience and Emergencies Division Office how many members of quasi-autonomous, within the Department for Communities and Local non-governmental bodies are paid more than the Prime Government is responsible for co-ordinating resilience Minister. [147650] at the sub-national level. Mr Maude: Since the general election, all appointments Emergency Services: Telephone Services made by Ministers to public bodies which have a salary of over £142,500 require approval from the Chief Secretary to the Treasury. This threshold is applied on a pro rata Dr Offord: To ask the Minister for the Cabinet Office basis. what assessment he has made of an amalgamation of the emergency services call centres. [148255] Information on the remuneration of chairs of non- departmental public bodies (NDPBs), for the financial Miss Chloe Smith: The provision of emergency services year 2011-12, can be found in public bodies 2012. This call centres, including any sharing or amalgamation, is publication is available at: a matter for the emergency services. http://resources.civilservice.gov.uk/wp-content/uploads/2011/ 09/PB12.pdf Government Departments: Procurement Copies are also available in the Libraries of the House. In addition to this the Government published information Chi Onwurah: To ask the Minister for the Cabinet in 2010 identifying NDPB staff who earn more than Office what his policy is on the transparency of gender £150,000. This information is available at: balance for those organisations contracting with the https://www.gov.uk/government/news/quango-high-earners- Government. [148563] revealed-by-the-cabinet-office 425W Written Answers18 MARCH 2013 Written Answers 426W

Pay staff. The other Cabinet Office-sponsored public bodies are supported by Cabinet Office officials and do not Priti Patel: To ask the Minister for the Cabinet Office recruit their own staff. what allowances and subsidies in addition to salary were available to officials in (a) his Department and Sick Leave (b) its non-departmental public bodies in each of the last five years; and what the monetary value was of Priti Patel: To ask the Minister for the Cabinet Office such payments and allowances in each such year. (1) how many days (a) his Department and (b) each of [148038] its non-departmental public bodies has lost to staff sickness in each of the last five years; and what estimate Mr Maude: I refer my hon. Friend to the answers I he has made of the cost of such absence in each year; gave on 18 January 2012, Official Report, column 878W. [147981] Data for 2012-13 is not yet available. (2) how many officials in (a) his Department and (b) each of its non-departmental public bodies have Public Sector: Databases had (i) fewer than five days, (ii) five to 10 days, (iii) 10 to 15 days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to 50 days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 Mr Lammy: To ask the Minister for the Cabinet to 150 days, (x) 150 to 200 days, (xi) more than 200 Office if he will produce statutory guidance to all public days, (xii) more than three months, (xiii) more than six services on data sharing and the use of data sharing in months and (xiv) more than one year on paid sick leave detecting the early warning signs of criminal behaviour (A) consecutively and (B) in total in each of the last or child protection concerns. [147392] five years. [148000]

Mrs Grant: I have been asked to reply on behalf of Mr Maude: Information about sickness absence in the Ministry of Justice. the Cabinet Office and its agencies is published on the The Information Commissioners Office (ICO) published Cabinet Office website at: a statutory code of practice on data sharing under s52 https://www.gov.uk/government/publications/cabinet-office- of the Data Protection Act 1998 (DPA) in May 2011. absence-data The code explains how the DPA applies to the sharing The most recent published figures on the civil service: of personal data and provides good practice advice to http://www.civilservice.gov.uk/about/improving/health-and- organisations that can be adapted to the particular wellbeing/sickness-absence circumstances in which they are operating, including those organisations involved in child protection. The show that for the year to 30 September 2012, the code of practice can be found at: Cabinet Office has one of the lowest civil service sickness rates at 2.8 (average working days lost) when compared http://www.ico.gov.uk/for_organisations/data_protection/ to the current civil service average of 7.6. topic_guides/data_sharing.aspx The Government will be publishing revised statutory Telephone Services safeguarding guidance, Working Together to Safeguard Children, which makes clear the information sharing responsibilities of organisations and professionals dealing Richard Burden: To ask the Minister for the Cabinet with child safeguarding or child protection concerns. Office how many Government operated telephone numbers begin 08; and for how many such numbers a In addition, the cross Government publication, UK landline number beginning 01, 02 or 03 is also Information Sharing: Guidance for practitioners and available as an alternative. [148395] managers, supports front-line practitioners working in child or adult services who have to make decisions Mr Hurd: This information is not held centrally. about sharing information on a case by case basis. Departments determine their own use of telephone numbers. Recruitment Voluntary Work Priti Patel: To ask the Minister for the Cabinet Office how many officials were recruited to (a) his Department Michael Ellis: To ask the Minister for the Cabinet and (b) each of its non-departmental public bodies in Office what assessment he has made of trends in each of the last five years. [147962] volunteering in 2012; and what steps he is taking to increase levels of volunteering. [147622] Mr Maude: The Cabinet Office has recruited 261 officials in 2009-10, 165 officials in 2010-11, and 311 Mr Hurd: Official Statistics published for the first officials in 2011-12. Figures for prior to 2009-10 are not time by the Cabinet Office on 12 February 2013 (from readily available. Since the general election my Department quarter 2 of the community life survey 2012-13) has refocused its priorities and expanded as a result of http://communitylife.cabinetoffice.gov.uk/ machinery of government changes. Recruitment of new show that the proportion of people volunteering at least staff should be set in the context of departures over the once a year now stands at 71%, an increase from 65% in same period. 2010-11, with an even bigger increase in the proportion The Civil Service Commission was established as an of people volunteering regularly. This equates to millions Executive (NDPB) under legislation passed by the previous more people volunteering across the country, showing Administration and is responsible for recruiting its own that the cultural change is not limited to the 120,000 427W Written Answers18 MARCH 2013 Written Answers 428W who volunteered to make the 2012 games a success. Leave Significantly, this reverses the steady decline in volunteering seen since 2005. Priti Patel: To ask the Secretary of State for International The Government is also taking a range of steps to Development how many officials in her Department increase levels of volunteering. For example, in February qualify for privilege days; and what the total cost to the 2013 we announced the creation of the Centre for public purse was of the number of privilege days utilised Social Action which aims to identify and accelerate the each year by such officials. [147743] development and spread of social action initiatives including volunteering. Mr Duncan: All DFID employees have a contractual We are also creating new ways for people to volunteer. right to take 2.5 days of paid time off as privilege leave For example, through the “Dementia Friends” campaign in addition to paid annual leave and public holidays. All we are mobilising 1 million volunteers to help communities DFID employees currently qualify for privilege days. become more dementia friendly. In addition, through We do not centrally record the cost of privilege days “Join in” people are being inspired by 2012 to be more and this could be obtained only at disproportionate involved in sporting and community events. cost.

Middle East

Duncan Hames: To ask the Secretary of State for INTERNATIONAL DEVELOPMENT International Development what the total value of aid given by the Government to (a) Israel and (b) the Occupied Palestinian Territories was in each of the last British Overseas Territories three years. [148810]

Andrew Rosindell: To ask the Secretary of State for Mr Duncan: The UK Government does not have a International Development how much financial aid her bilateral aid programme with Israel. Department has given to each British Overseas The total value of aid given by the UK Government Territory in the last 12 months. [148238] to the Occupied Palestinian Territories (OPTs) in each of the last three years was as follows: Mr Duncan: In 2011-12, the last year for which figures are available, DFID provided financial aid to British £ Overseas Territories as detailed in the following table: 2009-10 62, 603,000 British Overseas Territory Funds provided (£) 2010-11 51,786,000 2011-12 56,421,000 Montserrat 24,368,000 Pitcairn 2,774,000 In addition, we have given the following support to St Helena 68,223,000 the United Nations Relief and Works Agency (UNRWA), Turks and Caicos Islands 2,061,000 which provides support to Palestinian refugees in the Cross Territory Funds 2,256,000 region including the OPTs, in each of the last three years: While DFID does not have an aid programme in the Turks and Caicos Islands, we have provided technical £ assistance to support a guarantee for Government commercial borrowing for a maximum capital amount 2009-10 24,930,000 of US$260 million. This borrowing will mature in 2016 2010-11 27,000,000 at which time we expect the TCI Government to raise 2011-12 38,014,000 the remaining finance it requires without DFID support. Cross Territory funding is used to support a number Palestinians of projects and initiatives which work across a number of Territories, for example on safeguarding children. Guto Bebb: To ask the Secretary of State for International Development (1) what assessment her Department has made of recent reports that Norway has launched a Consultants parliamentary committee looking into Palestinian Authority payments to Palestinian prisoners in Israeli jails; Mr Ivan Lewis: To ask the Secretary of State for [148752] International Development what proportion of her (2) what recent discussions she has had with her Department’s budget is spent on external consultancy Norwegian counterpart on Palestinian Authority payments companies. [148464] to Palestinian prisoners in Israeli jails. [148753]

Justine Greening: DFID spend on consultancy for Nick de Bois: To ask the Secretary of State for the last full financial year 2011-12 was £0.7 million. International Development (1) what representations her This has fallen 50% from £1.4 million since May 2010 Department has made to the Palestinian authority to when DFID implemented the cross-Government spending ensure any social welfare payments to Palestinian prisoners controls. in Israeli jails reach those intended; [R] [148637] 429W Written Answers18 MARCH 2013 Written Answers 430W

(2) what representations her Department has made to 2013, Official Report, column 293. DFID is not answerable the Palestinian Authority about the value of monthly for parliamentary scrutiny in other countries, nor for payments made to Palestinian prisoners in Israeli jails. any such issues as may exist between the Israeli Government [R] [148639] and the Palestinian Authority. Pay Jack Lopresti: To ask the Secretary of State for International Development (1) what representations Priti Patel: To ask the Secretary of State for International her Department has made to the Israeli Government Development how much was paid to officials in (a) her about Palestinian Authority payments to Palestinian Department and (b) its non-departmental public body prisoners in Israeli jails; [148641] in bonuses and other payments in addition to salary in (2) what recent discussions she has had with her EU each of the last five years; how many officials received counterparts about Palestinian Authority payments to such payments; and what the monetary value was of the Palestinian prisoners in Israeli jails. [148686] 20 largest payments made in each year. [148029]

Priti Patel: To ask the Secretary of State for International Mr Duncan: The following table shows for each of Development what representations her Department has the last five financial years: the amount paid in non- made to Israeli officials about monthly payments made consolidated performance awards; the categories of to Palestinian prisoners in Israeli jails. [148638] payments made in addition to base salary and the monetary value of each; and the number of officials Mr Duncan: In respect of its departmental responsibilities who received such payments. The figures provided do and its own funding and activities, the Department not include payments to cover the reimbursement of considers this matter to have been adequately covered business expenses nor the reimbursement of education in previous answers both oral and written; I refer my fees. hon. Friends to answers given in the Official Report on DFID has two non-departmental public bodies: The 30 October 2012, column 162W; 15 January 2013, column Commonwealth Scholarship Commission which does 645W; 31 January 2013, column 943W; 4 February not employ staff and therefore has not made any such 2013, columns 40-41W; 5 February 2013, column 213W; payments; and the Independent Commission for Aid 6 February 2013, column 299W and 1 March 2013, Impact for which details have been withheld because column 766W; and the oral answer made on 13 March the numbers of staff employed are five or fewer.

2007-08 2008-09 2009-10 2010-11 2011-12 Payment description Total (£) Number Total (£) Number Total (£) Number Total (£) Number Total (£) Number

Performance 1,334,953 1,648 670,978 79 1,426,279 1,443 1,258,519 1,613 1,102,327 1,514 Related Pay Overseas 2,160,074 785 3,055,481 802 3,748,731 801 3,265,074 807 3,400,706 863 Cost of Living Allowance Overseas 3,117,035 788 3,485,680 800 3,624,147 797 3,593,182 800 3,515,859 858 Hardship Allowance Overseas 551,788 279 555,462 275 528,589 244 585,464 241 806,184 300 Relocation Allowances Representation 261,238 353 242,583 340 199,253 309 168,614 292 175,989 263 Allowances Overseas 58,088 139 59,184 126 43,144 90 25,367 52 10,327 29 Maintenance Allowance Market 358,421 210 322,108 168 322,343 171 311,555 164 305,749 154 Allowances Foreign 1,223 1<5 910 1<5 858 1<5 858 1<5 858 1<5 Language Allow On Call 57,784 47 74,090 76 76,038 69 61,506 55 68,336 66 Allowance Inner London 228 1<5 228 1<5 228 1<5 228 1<5 0 0 Dispersal Hazardous 78,930 48 83,774 43 98,504 67 107,222 71 93,655 71 Locations Allowance Fire warden 5,000 97 4,400 88 4,050 61 4,500 89 4,650 92 and Evacuation Pay 1 Data withheld where number of recipients is 5 or less. 431W Written Answers18 MARCH 2013 Written Answers 432W

The following table provides details of the 20 largest payments made in each of the last five financial years. These relate primarily to extraordinary circumstances in Afghanistan, Iraq, Pakistan, Sudan and the Democratic Republic of Congo.

£ Ranking 2007-08 2008-09 2009-10 2010-11 2011-12

1 33,283 33,615 42,134 39,864 38,792 2 33,283 33,615 41,185 39,864 37,176 3 33,283 33,615 41,086 36,964 33,606 4 33,283 32,614 39,276 30,207 29,094 5 30,494 32,236 36,421 27,723 28,178 6 30,494 28,123 36,421 27,723 25,113 7 30,367 27,575 36,421 27,723 21,744 8 29,710 25,849 36,421 27,475 21,349 9 27,543 25,565 36,421 27,209 21,349 10 23,176 25,342 36,421 26,576 21,349 11 20,195 24,451 36,421 24,946 21,349 12 20,191 23,656 36,421 23,164 21,349 13 20,187 23,430 36,421 22,556 21,104 14 17,167 23,409 36,421 21,879 20,511 15 17,167 22,700 35,515 21,879 20,459 16 17,167 22,517 34,128 21,382 20,128 17 17,167 21,859 33,401 21,357 19,813 18 17,167 21,558 31,730 20,407 19,558 19 16,993 21,423 30,106 20,407 19,396 20 16,993 20,685 29,847 20,407 19,396 Note: The 20 largest payments in each year were for Overseas Hardship/Cost of Living.

Priti Patel: To ask the Secretary of State for Mr Duncan: The following table shows for each of International Development what allowances and the last five financial years the categories of allowances subsidies in addition to salary were available to officials available to officials in addition to base salary. It also in (a) her Department and (b) its non-departmental shows the total amount paid to officials for each allowance public body in each of the last five years; and what the in each of the last five financial years. monetary value was of such payments and allowances in each such year. [148048]

Total (£) Allowance description 2007-08 2008-09 2009-10 2010-11 2011-12

Overseas Cost of Living Allowance 2,160,074 3,055,481 3,748,731 3,265,074 3,400,706 Overseas Hardship Allowance 3,117,035 3,485,680 3,624,147 3,593,182 3,515,859 Overseas Relocation Allowances 551,788 555,462 528,589 585,464 806,184 Representation Allowances 261,238 242,583 199,253 168,614 175,989 Overseas Maintenance Allowance 58,088 59,184 43,144 25,367 10,327 Market Allowances 358,421 322,108 322,343 311,555 305,749 Foreign Language Allow 1,223 910 858 858 858 On Call Allowance 57,784 74,090 76,038 61,506 68,336 Inner London Dispersal 228 228 228 228 0 Hazardous Locations Allowance 78,930 83,774 98,504 107,222 93,655 Fire warden and Evacuation Pay 5,000 4,400 4,050 4,500 4,650

DFID has two non-departmental public bodies: The ensure companies receiving support from her Department Commonwealth Scholarship Commission which does under her new strategy on economic growth have to not employ staff and therefore has not made any such demonstrate decent employment practices throughout payments; and the Independent Commission for Aid their supply chain and acceptable levels of pay to workers impact for which details have been withheld because the in developing countries. [148733] number of staff employed is five or fewer. Procurement Justine Greening: As I indicated in my speech to the London Stock Exchange on 11 March 2013; Mr Ivan Lewis: To ask the Secretary of State for “I want to see far more businesses joining the development International Development if she will take steps to push with DFID”. 433W Written Answers18 MARCH 2013 Written Answers 434W

Our joint work with the Confederation of British Industry Total days lost to sickness absence and other stakeholders will aim to ensure that this takes place responsibly. 2008 11,487 2009 9,098 Mr Ivan Lewis: To ask the Secretary of State for 2010 9,881 International Development what criteria her Department 2011 9,142 uses to determine when to award a contract to a UK 2012 8,896 company for work in a developing country without a tendering process. [148740] Costs of sickness absence are not held centrally and could be obtained only at disproportionate cost. Justine Greening: The vast majority of contracts over £113,000 are awarded following a competitive tender. In Priti Patel: To ask the Secretary of State for accordance with EU public procurement regulations International Development how many officials in (a) the Department may decide to use single source her Department and (b) its non-departmental public procurement to award a contract where there is justification body have had (i) fewer than five days, (ii) five to 10 for this, for example in circumstances of extreme urgency days, (iii) 10 to 15 days, (iv) 15 to 20 days, (v) 20 to 25 such as a humanitarian response, or where services are days, (vi) 25 to 50 days, (vii) 50 to 75 days, (viii) 75 to exempt under category B of the EU regulations. 100 days, (ix) 100 to 150 days, (x) 150 to 200 days, (xi) more than 200 days, (xii) more than three months, (xiii) Mr Ivan Lewis: To ask the Secretary of State for more than six months and (xiv) more than one year on International Development if she will take steps to paid sick leave (A) consecutively and (B) in total in ensure her new strategy for economic growth will include each of the last five years. [148010] a provision that precludes any companies engaged in tax avoidance or evasion from receiving future funding or support from her Department. [148741] Mr Duncan: DFID does not gather information on the length of sickness absence by the increments listed. Justine Greening: We will be working with businesses, To research this data and produce figures for each of non-governmental organisations and other stakeholders the time frames requested could be done only at through the course of this year to further develop our disproportionate cost. strategy for economic growth. However, details of the total number of days lost to The Prime Minister has made clear that the UK’s G8 short-term (absences of 20 working days or less), long-term presidency will focus on strengthening international tax (absences of 21 working days or more), and overall days standards and working with developing countries to lost to sickness absence by our senior civil servants, enable them to collect tax that is due to them. during each of the last five years, are shown in the following table: Recruitment DFID SCS sickness absences during 2008 to 2012 Total Days Days days Priti Patel: To ask the Secretary of State for lost to lost to lost to short- long- sickness International Development how many officials were term Number term Number absence Number recruited to (a) her Department and (b) its non- sickness of SCS sickness of SCS by SCS of SCS departmental public body in each of the last five years. absence absent absence absent staff absent [147972] 2008 109 12 26 1 135 14 2009 47 12 143 3 190 15 Mr Duncan: The number of people recruited was: 2010 29 10 0 0 29 10 2011 42 13 0 0 42 13 DFID Non-departmental public bodies 2012 59 13 0 0 59 13

2008 99 0 2009 104 0 Our policy on sick pay is to reduce pay to half pay 2010 87 1 after six months of sickness absence, then to zero pay 2011 164 3 after 12 months of sickness absence. 2012 203 0 DFID has two non-departmental public bodies, i.e. Commonwealth Scholarship Commission and the Sick Leave Independent Commission for Aid Impact. There is no recorded sickness absence for either of these during the last five years. Priti Patel: To ask the Secretary of State for International Development how many days (a) her Department and (b) its non-departmental public body Syria has lost to staff sickness in each of the last five years; and what estimate she has made of the cost of such absence in each year. [147991] Mr Jim Cunningham: To ask the Secretary of State for International Development what discussions she Mr Duncan: The number of days lost to sickness has had with her counterparts in those countries which absence in DFID, for each of the last five years, is have not yet met their aid pledges to Syria made at the shown in the following table: Kuwait conference in January 2013. [148816] 435W Written Answers18 MARCH 2013 Written Answers 436W

Justine Greening: We are working closely with our and North Africa. The local communities in the region international partners to encourage them to translate have been extraordinarily generous in hosting refugees the pledges they made at Kuwait to deliver real support from Syria. The UK is providing £139.5 million in on the ground. humanitarian assistance to those affected by the crisis both inside Syria and in the region. Mr Jim Cunningham: To ask the Secretary of State Termination of Employment for International Development what discussions she has had on asking countries other than Lebanon, Priti Patel: To ask the Secretary of State for Jordan and Turkey to accept Syrian refugees. [148817] International Development how many officials in (a) her Department and (b) its non-departmental public Mr Duncan: DFID is extremely concerned about the body have left that body due to (i) resignation, (ii) rising number of refugees as a result of the Syria crisis retirement, (iii) redundancy, (iv) transferral to another and we are continuing to encourage countries to further public sector post and (v) another reason in each of the support the humanitarian response. last five years. [147953] Our assessment of the best way to support the Syrian people is to ensure they are as close to their extended Mr Duncan: The numbers of DFID Home Civil family and local support networks as possible. I commend Service (HCS) staff who have left the Department in the countries that continue to welcome refugees from each of the last five years, by the leaving reasons requested, Syria, including Lebanon, Jordan, Iraq, Turkey, Egypt are shown in the following table:

Transferral to another public Resignation Retirement Redundancy sector post Other reason

2008 47 64 1 16 44 2009 32 74 3 9 35 2010 65 0 17 8 38 2011 59 0 35 10 43 2012 68 0 15 8 33

No officials working for DFID’s non-departmental personnel at the Joint Analysis Center at RAF Molesworth public bodies have left due to these reasons. about the use of US military drones in Africa. [148345] Since 2010, DFID no longer has a retirement age. Therefore, this is no longer a reason for leaving. Mr Robathan: None.

Armed Forces: Donors DEFENCE Afghanistan John Woodcock: To ask the Secretary of State for Defence what steps each of the armed forces takes to promote to servicemen and women the process of Annette Brooke: To ask the Secretary of State for registration as a blood, organ or bone marrow donor. Defence pursuant to the his contribution of 18 December [148075] 2012, Official Report, column 864, what plans the Government has to ensure the safety of locally-employed Mr Francois: Each of the armed forces single services civilians after the withdrawal of UK troops from regularly liaise with local NHS trusts to promote donor Afghanistan; and in what way provisions for the safety initiatives such as NHS run blood donor sessions facilitated of locally-employed Afghan interpreters may differ from at Ministry of Defence establishments. the provisions afforded to locally-employed Iraqi interpreters. [148062] Donations such as blood, organ or bone marrow is a decision for individual service personnel and registration Mr Robathan [holding answer 14 March 2013]: We of such is confidential between the individual and the continue to recognise our clear commitment to treat NHS. locally engaged staff fairly and appropriately, and to take all reasonable steps to ensure their safety and Armed Forces: Engineers security. We are looking at how we are going to make appropriate Jack Lopresti: To ask the Secretary of State for provision to support locally employed civilians as we Defence (1) if he will estimate the annual cost, including draw down our combat mission in Afghanistan. Until equipment, of a squadron of combat engineers; [147787] this review is concluded, I am unable to comment on any differences between the policies for Afghanistan (2) if he will estimate the annual cost, including and Iraq. equipment, of a battery of artillery equipped with AS90. [147789] Africa Mr Robathan [holding answer 14 March 2013]: The Fabian Hamilton: To ask the Secretary of State for annual cost of a specified type of unit will depend on Defence what recent discussions he has held with US that unit’s size, role and manpower mix and will comprise 437W Written Answers18 MARCH 2013 Written Answers 438W a combination of personnel, training, infrastructure, Mr Dunne: Membership of the Defence Suppliers and equipment. This information is not held in the Forum is by invitation of the Secretary of State for format requested. Defence, who chairs the meetings. Currently, invitations are extended to the Chief Executive Officer, or equivalent, Armed Forces: Scotland to the Ministry of Defence’s 11 largest suppliers and to two representatives from the Defence Small and Medium- Mr Jim Murphy: To ask the Secretary of State for sized Enterprise Forum on a rotational basis, a trade Defence (1) how many serving Scottish service personnel association and one of its members. are registered to vote in Scotland; [148564] (2) how many Scottish service personnel are Historical Enquiries Team registered to vote as service voters. [148565] Ian Paisley: To ask the Secretary of State for Defence Mr Francois: We actively encourage all eligible service what legal costs have been incurred by his Department personnel to register to vote, and to participate fully in as a result of securing legal advice for former soldiers the democratic process. However, registration is a private involved with Historical Enquiries Team investigations. matter and the Ministry of Defence does not require [148534] personnel to disclose whether they have registered or not. Mr Robathan: Our records indicate that about £369,000 We do provide a mechanism for service personnel to has been spent for this purpose, from 2009 to the record, on a voluntary basis, their registration status. present. Since only a proportion of personnel choose to do so, and no data is held on the place of registration, it is not HMS Duncan possible to provide the information requested. Penny Mordaunt: To ask the Secretary of State for Mr Jim Murphy: To ask the Secretary of State for Defence what estimate he has made of the annual cost Defence how many service personnel based in Scotland of (a) fuel, (b) spares, (c) maintenance and (d) are currently serving in another country. [148566] training and other running costs, excluding crew costs, of HMS Duncan. [147863] Mr Francois: As at 1 January 2013 there were 10,860 regular service personnel based in Scotland. Currently Mr Robathan [holding answer 14 March 2013]: The some 1,120 of those personnel based in Scotland are current estimates of the annual cost for HMS Duncan serving outside the UK. are shown in the following table: Army: Scotland £ million

Jack Lopresti: To ask the Secretary of State for Fuel costs 2 Defence what recent estimate he has made of the Engineering support costs 131 annual cost of (a) the Royal Scots Dragoon Guards, 1 The Type 45 Engineering Support work is done under a Contracting (b) the Scots Guards and (c) the Royal Regiment of for Availability arrangement. Under this arrangement, the Ministry Scotland. [147786] of Defence is not able to identify separately the costs of spares and other maintenance activity. The figure quoted therefore covers both spares and maintenance work. Mr Robathan [holding answer 14 March 2013]: The Note: annual cost of a Regiment will depend on that Regiment’s Training costs are not broken down to platform level so this information size, role and manpower mix and will comprise a is not held in the format requested. combination of personnel, training, infrastructure and equipment. This information is not held centrally and HMS Tireless could be provided only at disproportionate cost. Clyde Naval Base Angus Robertson: To ask the Secretary of State for Defence pursuant to the answer of 1 March 2013, John Woodcock: To ask the Secretary of State for Official Report, column 718W, on HMS Tireless, if he Defence what estimate he has made of the potential will place in the Library a copy of the report of the cost and timescale of transferring the assets and investigation into the recent coolant leak from the reactor facilities at HM Naval Base Clyde to an alternative of HMS Tireless conducted by the Naval Reactor Plant Authorisee. [148321] location in England and Wales. [148513]

Mr Robathan: I refer the hon. Member to the sixth Mr Dunne: The investigation into the recent coolant paragraph of the Government’s response to the House leak on HMS Tireless remains under way. of Commons Scottish Affairs Committee’s Fourth Report of Session 2012-13 (HC 861). Marchwood Military Port

Defence Suppliers Forum Dr Julian Lewis: To ask the Secretary of State for Defence pursuant to the answer of 11 March 2013, Peter Luff: To ask the Secretary of State for Defence Official Report, columns 76-7W,on Marchwood Military who the members are of the Defence Suppliers Forum; Port, whether the Sea Mounting Centre will remain at on what basis they are invited to attend meetings of the Marchwood irrespective of the future ownership of the Forum; and if he will make a statement. [147903] site. [148818] 439W Written Answers18 MARCH 2013 Written Answers 440W

Mr Dunne: Under current plans, the intention is for Additionally there are some 100 personnel in Mali, the Sea Mounting Centre to remain at Marchwood Chad and Senegal supporting current operations in following a sale. Mali. The precise number of personnel fluctuates on a Military Police daily basis for a variety of reasons, including visits, mid-tour rest and recuperation, temporary absence for Mr Jim Murphy: To ask the Secretary of State for training, evacuation for medical reasons and the roulement Defence how much has been spent on the Ministry of of forces. We do not, therefore, publish daily figures for Defence police in each financial year since 2005; and personnel present in theatre. how much is planned to be spent in each year to 2015. Personnel are employed in a number of roles including [147408] diplomatic representation and defence engagement, liaison, training and wider support roles including logistic support Mr Francois [holding answer 12 March 2013]: The to operations. These tasks can require short-term visits following table shows how much has been spent on the or detachments to other countries in the region for Ministry of Defence police (MDP) in each financial example, the provision of support to Nigerian forces year (FY) since 2005 to date: deploying to Mali.

FY MDP spend (£ million) RAF Leuchars 2005-06 173.689 2006-07 174.679 Sir Menzies Campbell: To ask the Secretary of State 2007-08 171.554 for Defence what items of Typhoon Force mission- 2008-09 183.148 specific infrastructure will remain at RAF Leuchars 2009-10 182.518 following the transfer of the Typhoon Force to RAF 2010-11 172.931 Lossiemouth. [148175] 2011-12 163.297 2012-13 1144.723 Mr Robathan: Once the transfer of the Typhoon 1 This figure is subject to achievement of outstanding expenditure Force to RAF Lossiemouth has been completed there commitments before the end of the financial year. will be no Typhoon Force mission-specific infrastructure Planned figures are subject to agreement as part of retained at RAF Leuchars. It has recently been announced the Ministry of Defence’s ongoing departmental financial by the Ministry of Defence that the airfield at RAF planning round and therefore cannot be released at this Leuchars will be retained for other flying roles, including time. as a diversion airfield.

Mr Jim Murphy: To ask the Secretary of State for Sir Menzies Campbell: To ask the Secretary of State Defence what underspends have occurred in the budget for Defence what items of Typhoon Force mission- for the Ministry of Defence Police in the last three specific infrastructure at RAF Leuchars have been years. [147409] identified for (a) transfer to RAF Lossiemouth or (b) deconstruction; what estimate he has made of the cost to the public purse of implementing such measures; Mr Francois [holding answer 12 March 2013]: The and if he will make a statement. [148176] Ministry of Defence Police has not underspent in the last three years against the budget delegated to it by its top level budget within the Ministry of Defence. Mr Robathan: All Typhoon Force mission-specific equipment, and related removable fittings and fixtures will be transferred to RAF Lossiemouth along with the North Africa Typhoon Force. Currently, there is no Typhoon Force mission-specific infrastructure at RAF Leuchars which Jeremy Corbyn: To ask the Secretary of State for has been identified for deconstruction as a result of the Defence how many UK armed forces personnel are transfer. £2.7 million has been provisioned for moving currently deployed in (a) Mali, (b) Algeria, (c) Morocco, Typhoon equipment from RAF Leuchars to RAF (d) Senegal and (e) Nigeria or any other country Lossiemouth within wider plans for future basing. bordering the Sahara; and what their terms of deployment and engagement are. [146437] Sir Menzies Campbell: To ask the Secretary of State for Defence what items of infrastructure have been (a) Mr Robathan [holding answer 7 March 2013]: The commissioned for installation and (b) installed at RAF current breakdown of permanent personnel in the countries Leuchars in preparation for the arrival of Army units specified is as follows: and associated personnel; and how much each such item (i) has or (ii) is estimated to cost. [148177] Number Mr Robathan: The Regular Army Basing plan sets Nigeria 3 out the phased handover of RAF Leuchars to the Algeria 1 Army, commencing in early 2015 with the arrival of a Morocco 2 small number of advance Army elements. Libya 6 Sudan 2 As we prepare for the implementation phase of the Basing plan, further detailed work will be carried out to Total 14 refine the infrastructure requirement. It is too early to 441W Written Answers18 MARCH 2013 Written Answers 442W confirm the specific infrastructure items that will be The numbers enlisted in the nine months of financial delivered to accommodate Army units and associated year 2012-13 up to the end of December 2012 against personnel. targets for the whole financial year 2012-13 as previously reported are shown in the following table: Sir Menzies Campbell: To ask the Secretary of State 1 for Defence what plans he has for the training estate Service Numbers enlisted (a) currently available and (b) required by the Army Territorial Army 2,050 units and associated personnel to be stationed at the Maritime Reserve2 360 military base at RAF Leuchars; and if he will make a Royal Auxiliary Air Force 210 statement. [148178] 1 Enlistment rounded to the nearest 10. 2 Including the Royal Navy Reserve and Royal Marine Reserve. Mr Robathan: Current training facilities around These figures represent a period before the publication Kirkcubright and Leuchars will be developed to meet of the White Paper on Future Reserves and before the the requirements of the units which will be based in commencement of a new recruitment campaign and Scotland. Kirkcubright will be used for low level driver new offer to reservists. For the Royal Air Force and the training and the small training area at Leuchars will be Royal Navy, the figures also reflect a delay in the developed on existing Ministry of Defence land for the planned start of a sustained marketing and recruitment Cavalry Regiment based there. campaign. For the Royal Navy, this has been partially offset by a better than anticipated transfer from ex-regulars. Reserve Forces We are investing an additional £1.8 billion in the reserves over 10 years and we have recently conducted a public consultation to ensure that the right relationships are Jack Lopresti: To ask the Secretary of State for established between Reservists and their families, their Defence what estimate he has made of the annual cost employers and the armed forces in the future. Overall, of a Reserve Army brigade. [147901] the number of inquiries about joining the reserves has increased and early indications are that the strength of Mr Robathan [holding answer 14 March 2013]: Our reserve forces is now stabilising. policy in recent years has generally been to use reservists Proposals in the forthcoming White Paper will set the as individual reinforcements to serve alongside their conditions to deliver the required reserve force strengths regular counterparts. As such there has been no requirement in the future. For the Army we anticipate that, together for the Territorial Army structure to include brigade with the White Paper, transforming the Army recruiting level formations. system, through the Recruiting Partnering Project with The future cost of a specified type of unit will depend Capita and new recruiting campaigns will lead to a on that unit’s size, role and manpower mix and will significant increase in recruiting performance. comprise a combination of personnel, training, infrastructure, and equipment. Our assessment of these Sick Leave costs will continue to develop in the light of our future arrangements for using reserves which will be informed by the forthcoming White Paper. Priti Patel: To ask the Secretary of State for Defence (1) how many days (a) his Department and (b) each of its non-departmental public bodies has lost to staff Reserve Forces: Recruitment sickness in each of the last five years; and what estimate he has made of the cost of such absence in Thomas Docherty: To ask the Secretary of State for each year; [147984] Defence what the target was for recruitment for the (a) (2) how many officials in (a) his Department and Territorial Army, (b) Royal Navy Reserve and (c) (b) each of its non-departmental public bodies have Royal Auxiliary Air Force in 2012; and how many had (i) fewer than five days, (ii) five to 10 days, (iii) 10 people were recruited in each such category in that to 15 days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to year. [139382] 50 days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 to 150 days, (x) 150 to 200 days, (xi) more than 200 Mr Francois [holding answer 25 January 2013]: I days, (xii) more than three months, (xiii) more than six refer the hon. Member to the answer given by the months and (xiv) more than one year on paid sick leave former Minister of State for the Armed Forces, the hon. (A) consecutively and (B) in total in each of the last Member for North Devon (Sir Nick Harvey) on 16 July five years. [148003] 2012, Official Report, column 516W, to the right hon. Member for East Renfrewshire (Mr Murphy). Those Mr Francois: The Ministry of Defence (MOD) is figures were based on early assumptions about trained committed to reducing sickness absence. Occupational strength, outflow rates and the operation of the training health advice and support is available to all employees pipeline. Since then, further work has enhanced the and their line managers. Guidance and training is available understanding of actual trained strength, the level of to line managers on managing absence. We actively outflow during training and of retention rates in the encourage the use of return to work interviews and have trained strength. Subsequently a refined target for Territorial trigger points in place for the commencement of Army enlistment has been established for 2013-14 with management action. We are currently reviewing all of the contractor under the Recruiting Partnering Project, our absence policies and are looking to introduce the at 6,383. Further work is ongoing to refine the required civil service ‘Employee Policy—Attendance Management’ enlistment figures for future years. products in January 2014. 443W Written Answers18 MARCH 2013 Written Answers 444W

We also recognise that the health of the Department’s In addition, Defence Science and Technology Laboratory, civilian staff is central to their attendance and performance a Trading Fund of the Ministry of Defence (MOD), at work, and the contribution they make to Defence uses one 0800 number. outputs. While the MOD compares favourably with The majority of these lines are for use by serving other large Departments in terms of sick absence rates, MOD civilian and military personnel and the wider we are not complacent. As such, the MOD’s Permanent MOD community, including service families, veterans, Secretary has appointed a ‘Health and Well-being and contractors. Records of premium rate numbers for Champion’ at a senior level who is responsible for use by the general public are not held centrally. supporting and encouraging progress on particular aspects of the Department’s health and well-being agenda, as Veterans: Training well as promoting the topic throughout the organisation. Eric Ollerenshaw: To ask the Secretary of State for Information held by the MOD enables us to distinguish Defence what steps his Department is taking to support between the total number of days lost through short-term those social enterprises and charities that work to retrain and long-term sickness absence. Long-term absence is ex-military personnel; and if he will make a statement. defined as over 28 consecutive calendar days. Data on [147628] the number of staff involved cannot be provided without incurring disproportionate costs. Mr Francois: The Government is committed to working The following table shows the number of days lost in partnership with the ex-service social and charitable through sickness absence by civilian staff in the last five sectors to deliver a high level of support where needed. calendar years with associated costs. The number of The Ministry of Defence welcomes all offers of support days lost includes non-industrial and industrial staff to our service leavers, including the provision of retraining. and the staff of the MOD trading funds but excludes The MOD has an authorised list of training providers staff in the Royal Fleet Auxiliary (RFA) and locally which is administered through the Career Transition engaged civilians (LEC) for whom sickness absence Partnership. This is known as the Preferred Suppliers data are not readily available. Financial data are not List and we welcome applications through the CTP readily available for the staff of the MOD trading website which can be found at: funds, RFA and LEC and are therefore excluded from www.ctp.org.uk the table. Wind Power Costs have been calculated using capitation rates for each civil service grade and multiplied by the number of Graham Jones: To ask the Secretary of State for working days lost by each grade. Defence (1) on how many occasions his Department has intervened in planning decisions on the installation Period of sickness of wind turbines in each of the last five years; [148358] absence (1 (2) for what reasons his Department has intervened January to 31 Days lost Days lost December each (short-term (long-term Cost (£ in planning decisions on the installation of wind year) sick) sick) million) turbines in each of the last five years. [148359] 2008-08 297,671 316,404 65.72 Mr Francois: The Ministry of Defence (MOD) is 2009-09 284,930 296,752 64.01 only a consultee in the planning application process and 2010-10 270,455 293,271 62.91 has no control over the number of planning application 2011-11 248,965 279,460 60.47 consultations it receives from planning authorities. The 2012-12 219,958 236,143 52.76 planning authority has the opportunity to consider and test representations made by the applicants as well as interested parties, including the MOD, before reaching Telephone Services their final decision. It is for the planning authority to decide which applications should proceed and how to Richard Burden: To ask the Secretary of State for strike the balance between national Defence and energy Defence how many (a) 0800, (b) 0808, (c) 0844, (d) considerations. The MOD will, when requested to do so 0845 and (e) 0870 telephone numbers for the public by the local planning authority, provide further information are in use by (i) his Department and (ii) the agencies for in support of its consultation response. which he is responsible. [147815] Wind turbines can adversely affect a number of MOD operations including radars, seismological recording Mr Francois: The following number of telephone equipment, communications facilities, naval operations lines are provided through the Defence Fixed Telephone and low flying. It is for this reason that every wind System (DFTS) contract: turbine application is assessed on a case by case basis and on its own merits. Number

0800 79 0808 1 EDUCATION 0844 0 Education Maintenance Allowance 0845 21 0870 2 Steve McCabe: To ask the Secretary of State for Education what assessment he has made of the effect on It is possible, albeit unlikely, that additional premium students in England of abolishing the educational rate telephone lines are used outside of the DFTS maintenance allowance; and if he will make a statement. contract, but this information is not held centrally. [147352] 445W Written Answers18 MARCH 2013 Written Answers 446W

Mr Laws: Education maintenance allowance (EMA) addition, a small number of scholarships are available was replaced by the 16-19 Bursary Fund in September through BCS, The Chartered Institute for IT, which are 2011, although transitional arrangements meant that worth £20,000 each. 80% of the students who received EMA in 2010/11 in the first year of their courses continued to receive it in Helen Goodman: To ask the Secretary of State for 2011/12. Education what steps his Department plans to take in The Department has commissioned two independent the next 12 months to ensure that there are enough evaluation projects to measure the impact of the change teachers qualified to teach the ICT curriculum. in policy on students in England. [147181] The first of these, a quantitative study by the Institute of Education (IoE), will enable the Department to Mr Laws [holding answer 11 March 2013]: New understand the impact of the change in policy on computer science postgraduate initial teacher training participation and academic attainment. It is a three-year (ITT) programmes will deliver suitably trained teachers study and is due to be completed in late 2014. into the workforce in 2014. These programmes are supported by pre-ITT subject knowledge enhancement The second project, conducted by NatCen Social courses designed in conjunction with industry specialists. Research, will enable the Department to understand: The Department is also supporting existing ICT teachers the characteristics of applicants and recipients of bursaries; to deliver the new curriculum through the Network of the perceived impact of the bursaries; the decision-making Teaching Excellence in Computer Science established processes related to awarding bursaries and the equality by BCS, The Chartered Institute for IT. of opportunity between different groups of students. This study will be completed at the end of 2014 although early findings will be available in an interim report in Primary Education: Admissions spring 2013. Richard Burden: To ask the Secretary of State for Hetton School Education pursuant to the answer of 7 February 2013, Official Report, columns 408-9W,on primary education, to what extent parents’ wishes are taken into account Bridget Phillipson: To ask the Secretary of State for when decisions are made on whether to allow a Education pursuant to the statement of 1 March 2013, prematurely-born child to delay or defer entry to primary Official Report, columns 40-2WS, on school capital school under the School Admissions Code. [146161] funding, if he will place in the Library the priority data survey for Hetton School. [147240] Mr Laws [holding answer 4 March 2013]: The School Admissions Code requires schools to provide for the Mr Laws [holding answer 13 March 2013]: Hetton admission of all children in the September following School is one of the successful schools that will be their fourth birthday, but children do not reach compulsory allocated funding through the Priority School Building school age until the start of the term following their Programme and will not be surveyed as part of the fifth birthday. Parents may request that their child’s Property Data Survey Programme. entry to school is deferred until the point at which they As part of the application process for the Priority reach compulsory school age, or that they attend part School Building Programme, applicants were asked to time until they reach compulsory school age. No child is provide a school Building Condition Survey obtained required to start school before they reach compulsory or updated within the two years prior to the date of the school age. application. Where a parent requests that their child is educated Sunderland county council made the application on out of their normal age group, the code requires admission behalf of Hetton School and should be contacted directly authorities to make a decision on the basis of the to provide a copy of the relevant survey. circumstances of the case—this would include taking account of the parent’s reasons for making the request. ICT: Teachers Richard Burden: To ask the Secretary of State for Helen Goodman: To ask the Secretary of State for Education pursuant to the answer of 7 February 2013, Education what funding his Department has allocated Official Report, columns 408-9W,on primary education, to train teachers to the level where they can adequately whether parents of prematurely-born children may appeal teach the new ICT curriculum. [147180] a decision not to allow their child to delay or defer entry to primary school under the School Admissions Code. Mr Laws [holding answer 11 March 2013]: According [146162] to the latest data available there are 18,600 teachers currently teaching ICT. In addition, the Department, Mr Laws [holding answer 4 March 2013]: No child is through the Teaching Agency, has allocated funding to required to start school before they reach compulsory train new teachers to deliver the computing curriculum school age; therefore, no admission authority can refuse from 2014. This funding is made up of training bursaries, a parent’s request to defer their child’s entry to primary which range from £4,000 to £9,000 depending on the school. It is not possible to delay entry beyond compulsory degree classification of the trainee, subject knowledge school age. enhancement courses, which range from £800 to £8,600 Parents have the right of appeal to an independent per place depending on the length of course, and salary admission appeal panel against the refusal of a place at grants of between £14,000 and £17,600 for trainees a school for which they have applied. They do not have undertaking the new School Direct (Salaried) route. In the right to appeal to such a panel about a refusal to 447W Written Answers18 MARCH 2013 Written Answers 448W educate their child out of their normal age group. In for the current academic year; their plans for spending these circumstances, they would be able to complain the premium; the funding allocation for the previous using the school’s formal complaints procedure. academic year and details of how it was spent; and the effect of this expenditure on the educational attainment Richard Burden: To ask the Secretary of State for of the school’s premium pupils. Together, these steps Education how many parents of prematurely-born enable Swindon schools to be held to account by their children have been allowed to delay or defer their communities. child’s entry to primary school in each of the last five We have also commissioned both an external evaluation years. [146164] of the premium’s first year, which we shall be publishing shortly, and a study by Ofsted of how effectively schools Mr Laws [holding answer 4 March 2013]: The are using their pupil premium funding. Ofsted published Department does not collect data on how many parents their interim study findings in September 2012 and their of prematurely born children have been allowed to final report on 11 February 2013. The report focuses on delay or defer their child’s entry to primary school. schools that are able to tell inspectors how their funding Primary Education: Croydon is being spent and can demonstrate its impact. The Government welcomed this report. Steve Reed: To ask the Secretary of State for Education Ofsted now have an increased focus on the performance what representations he has received from the London of pupils who attract the premium, and on how it is borough of Croydon on funding for additional primary used to remove barriers to learning for premium pupils. school places; and if he will make a statement. [145997] Since September 2012, as part of routine school inspection, Ofsted have been holding school leaders to account for Mr Laws [holding answer 5 March 2013]: The how schools have spent their pupil premium and what Department for Education received correspondence from difference this is making to the learning and progress of the London borough of Croydon’s executive director the pupils concerned. Their judgments on schools’ for Children, Families and Learning in February 2012. leadership will consider the use of both the premium The correspondence detailed the increased demand for and other resources to overcome barriers to achievement primary places and the future pressures on secondary for their pupils. In his annual report published in November, provision across the local authority, as well as explaining Her Majesty’s Chief Inspector committed Ofsted to the cost to the London borough of Croydon of providing paying particular attention to attainment gaps affecting those pupil places. disadvantaged pupils in schools where they form a minority of less than 20% of all pupils. Pupils: Disadvantaged Where schools are judged by Ofsted to be using their pupil premium ineffectively it is important that swift Justin Tomlinson: To ask the Secretary of State for action is taken to improve provision for disadvantaged Education what recent assessment he has made of the pupils. For this reason, I have announced a new policy use of the pupil premium in Swindon. [145425] approach. This is designed to address the ineffective use of the pupil premium by schools that are neither good Mr Laws: The Government is determined that the nor outstanding, and where pupils from disadvantaged pupil premium is used by schools to close attainment backgrounds in that school are doing particularly poorly. gaps between disadvantaged pupils and their peers. In these circumstances, schools will be required to work Nationally, the Government has made a significant with a school system leader—an outstanding leader investment in disadvantaged children through the pupil from another school with a track record of narrowing premium, which is currently £1.25 billion and will rise attainment gaps—to draw up new strategies for spending to £1.875 billion in 2013-14. The rate of pupil premium their pupil premium based on evidence of what works will be £900 for each disadvantaged child in 2013-14, and established best practice. Ofsted will then take and in 2014-15 our overall investment rises to £2.5 billion. account of the school’s new strategy and adherence to it In 2011-12, 4,520 pupils attending schools in Swindon when monitoring progress and re-inspecting the school. were eligible for the pupil or service premium, attracting Schools that are judged to ‘require improvement’ and £2.165 million. In 2012-13, we extended eligibility for that do not demonstrate improvement risk being judged the pupil premium, so that 7,040 pupils in Swindon ‘inadequate’. I believe this new approach will focus attracted £4.038 million of additional funding for schools. school leaders’ minds on the important task of accelerating Using 2012 pupil figures indicate that schools in Swindon the progress of disadvantaged pupils. will attract over £6 million in 2013-14. Taken together, the steps that we and Ofsted are The Government believes that school leaders should taking will ensure a strong body of evidence for Swindon’s decide how to use the pupil premium, in order to raise parents and local community to assess how local schools the attainment of disadvantaged pupils. Schools have are using the pupil premium. the lead responsibility in assessing and accounting for their use of the premium, but we have also taken steps to hold them to account—both locally and nationally—for School Leaving this significant extra investment by central Government. In addition to information now being available to parents and their communities about the educational John Healey: To ask the Secretary of State for attainment of pupils entitled to free school meals in the Education whether his Department expects to fund any published performance tables, schools receiving the pupil new specialist provision following increases in the premium are required to publish an annual statement school participation age to 17 years old in 2013 and online which includes: the school’s pupil premium funding 18 years old in 2015. [147087] 449W Written Answers18 MARCH 2013 Written Answers 450W

Mr Laws: It is for local authorities as commissioners, Schools: Repairs and Maintenance taking account of demand from students and their parents, to decide whether places are funded at any new Bridget Phillipson: To ask the Secretary of State for specialist provision. Under our current legislative proposals, Education pursuant to the statement of 1 March 2013, students with learning difficulties and disabilities with Official Report, columns 40-2WS, on school capital an Education Health and Care Plan, or their parents, funding, how much of the £1.2 billion for school may request to attend a particular post-16 institution, maintenance will be spent in each local authority area. including independent specialist colleges, as their plan [147239] is being drawn up. The local authority must accept this request unless certain conditions apply. Mr Laws [holding answer 13 March 2013]: Of the As the participation age is raised, we expect all young £1.2 billion condition maintenance allocation announced people to participate in education including young people on 1 March, £748 million has been allocated at a local with learning difficulties or disabilities. So more specialist authority level for maintained schools and voluntary provision may be needed, but that will be for local aided schools. £391 million for Academies maintenance authorities, in meeting their statutory responsibilities to and £61 million for the maintenance of sixth form make sufficient educational provision available, to decide. colleges will be allocated through application processes currently being run by the Department. A breakdown Schools: Croydon of the local authority level allocations is contained in the supporting annex, which will be placed in the House Library. This information is also available on the Steve Reed: To ask the Secretary of State for Education Department’s website. how much money for capital expenditure has been made available for (a) primary and (b) secondary Vocational Education schools in the London borough of Croydon in (i) 2010-11, (ii) 2011-12 and (iii) 2012-13; and what proportion of such funding has been spent in each year. [145999] Mr Brady: To ask the Secretary of State for Education if he will assess the report from City and Guilds Centre for Skills Development entitled How to teach vocational Mr Laws [holding answer 5 March 2013]: The education: a theory of vocational pedagogy, with particular Department for Education announces a single allocation regard to the practical policy implementations of the for both maintenance and basic need funding. We do recommendation that vocational education needs to be not split this funding between primary and secondary taught in the context of practical problem-solving. provision, it is for local authorities to decide how this [145913] funding is then used locally. These capital grants are unringfenced and the Department has not, to date, Matthew Hancock: The City and Guilds report is a collected information on how this funding has been welcome addition to debate around vocational education. spent. They breakdown as follows: Learning by trying to solve real-life problems can be a highly effective way of acquiring and applying vocational (£ millions) knowledge and skills. That is why we are implementing Basic need Maintenance Total significant post-16 curriculum reforms and consulting 2010-11 13.8 5.8 19.6 on the reform of vocational qualifications. From September 2011-12 13.3 8.2 21.5 2013 the introduction of 16-19 study programmes will 2012-13 18.7 6.8 25.5 particularly benefit students taking vocational programmes. 2013-14 63.2 5.5 68.7 These will focus on students studying substantial vocational maintenance qualifications, undertaking work experience and the and 2013-15 basic need continuing study of English and/or maths. The qualification reforms we are planning are expected to take effect from September 2014 and will encourage a much greater Schools: Greater London focus on the mastery of occupationally relevant skills.

Steve Reed: To ask the Secretary of State for Young People: Unemployment Education if he will publish the formula used to calculate basic needs funding for (a) primary and (b) John Healey: To ask the Secretary of State for secondary schools in London. [145998] Education what proportion of 16 to 24 year olds with a learning difficulty or disability in each local authority Mr Laws [holding answer 5 March 2013]: The area are not in education, employment or training. Department has published a capital allocations technical [147085] note and a summary of data used for the 2013 to 2015 basic need allocation on its website. Officials are in the Mr Laws: Local authorities in England collect process of providing detailed data sheets to every local information on the proportion of 16 to 18-year-olds authority in order to further explain their basic need NEET in their area, and identify those with a learning allocation. Basic need funding is allocated using data difficulty and/or disability. This information relates to provided by all local authorities to the Department young people known to local authority services and is through the Annual School Capacity Survey. The available not directly comparable with national NEET estimates budget for 2013 to 2015 was allocated on a relative need published by the Department. Local authority information basis using the forecast shortfall in pupil places at relating to the end of December 2012 is set out in the 2015/16. table. 451W Written Answers18 MARCH 2013 Written Answers 452W

The Department has made an estimate of 18 to Proportion of 16 to 18-year-olds with a learning difficulty or disability 24-year-olds who are likely to have Education Health who are NEET and Care Plans, which is included in the Evidence of NEET (Percentage) Impact it published this week in respect of the provisions Southwark 11.2 in the Children and Families Bill relating to co-ordinated Sutton 8.1 assessments and Education Health and Care Plans. Tower Hamlets 9.5 This is available on the Bill page of the Department’s Waltham Forest 5.0 website1. Wandsworth 12.9 1 Note: Westminster 14.5 www.education.gov.uk/aboutdfe/departmentalinformation/ childrenandfamiliesbill/a00221161/children-families-bill East of England Proportion of 16 to 18-year-olds with a learning difficulty or disability Bedfordshire Borough 14.9 who are NEET Cambridgeshire 10.5 NEET (Percentage) Central Bedfordshire 8.5 Essex 11.1 South East Hertfordshire 10.1 Bracknell-Forest 13.2 Luton 8.0 Brighton and Hove 14.1 Norfolk 11.2 Buckinghamshire 9.6 Peterborough 11.1 East Sussex 5.5 Southend 0.0 Hampshire 11.2 Suffolk 11.6 Isle of Wight 5.5 Kent 14.5 Thurrock 11.9 Medway 10.1 Milton Keynes 11.6 South West Oxfordshire 10.9 Bath and NE Somerset 10.6 Portsmouth 15.1 Bournemouth 9.1 Reading 18.3 Bristol 12.6 Slough 14.1 Cornwall 9.9 Southampton 10.1 Devon 9.6 Surrey 9.8 Dorset 11.1 West Berkshire 11.0 Gloucestershire 12.6 West Sussex 6.6 Isles of Scilly 0.0 Windsor and Maidenhead 8.1 North Somerset 6.7 Wokingham 8.3 Plymouth 14.4 Poole 28.0 London Somerset 11.0 Barking and Dagenham 6.7 South Gloucestershire 8.9 Barnet 8.4 Swindon 13.8 Bexley 8.2 Torbay 8.6 Brent 4.7 Wiltshire 11.9 Bromley 7.8 Camden 19.7 City of London 0.0 West Midlands Croydon 6.7 Birmingham 10.0 Ealing 8.0 Coventry 9.6 Enfield 8.3 Dudley 5.6 Greenwich 13.1 Herefordshire 10.7 Hackney 13.4 Sandwell 8.1 Hammersmith and Fulham 7.4 Shropshire 8.9 Haringey 5.6 Solihull 12.0 Harrow 6.4 Staffordshire 10.0 Havering 7.1 Stoke on Trent 15.4 Hillingdon 11.3 Telford and Wrekin 4,3 Hounslow 11.2 Walsall 5.6 Islington 13.1 Warwickshire 6.5 Kensington and Chelsea 8.4 Wolverhampton 9.6 Kingston 11.6 Worcestershire 9.9 Lambeth 14.1 Lewisham 5.5 Merton 7.1 East Midlands Newham 10.8 Derby City 11.8 Redbridge 7.0 Derbyshire 10.7 Richmond 9.2 Leicester City 10.6 453W Written Answers18 MARCH 2013 Written Answers 454W

Proportion of 16 to 18-year-olds with a learning difficulty or disability Proportion of 16 to 18-year-olds with a learning difficulty or disability who are NEET who are NEET NEET (Percentage) NEET (Percentage)

Leicestershire County 5.4 Stockton-On-Tees 17.4 Lincolnshire 6.5 Sunderland 12.3 Northamptonshire 0.7 Source: Nottingham 9.6 CCIS, December 2012 Nottinghamshire . 2.6 Rutland 3.9 TRANSPORT Yorks and Humber Barnsley 10.3 Aviation: Wind Power Bradford 11.7 Calderdale 9.8 Doncaster 3.8 Graham Jones: To ask the Secretary of State for East Riding 0.0 Transport how many incidents there have been in the UK of wind turbines causing a flight safety hazard to Kingston upon Hull 20.2 air traffic controllers and aircraft. [148715] Kirklees 13.0 Leeds 13.9 North East Lincolnshire 10.4 Mr Simon Burns: The Civil Aviation Authority, the UK’s independent aviation safety regulator, has not North Lincolnshire 10.0 received any mandatory occurrence reports relating to a North Yorkshire 8.1 flight safety hazard caused by a wind turbine. Rotherham 11.8 Sheffield 0.0 It is well established that wind turbines can degrade Wakefield 13.3 the quality of aviation radars. The aviation industry will York 15.3 object, therefore, to any wind turbine that may pose a risk to air safety, the maintenance of which is paramount.

North West NATS, the UK’s national en-route air traffic service provider, takes wind turbine development seriously and Blackburn-Darwen 15.8 has a strong track record in being able to identify Blackpool 10.5 suitable mitigations—its success rate is about 95%. Bolton 10.2 Bury 9.3 Channel Tunnel Railway Line Cheshire East 8.0 Cheshire W and Chester 6.3 Cumbria 9.7 Jeremy Lefroy: To ask the Secretary of State for Halton 8.6 Transport what his Department’s latest calculation is Knowsley 15.3 of the return on investment per £1 spent on Lancashire County 10.6 construction of High Speed 1. [147830] Liverpool 17.0 Manchester 13.4 Mr Simon Burns: In 2001, the Department conducted Oldham 12.4 an appraisal of the uncommitted costs of Section 2 and Rochdale 11.0 the associated benefits. The benefit/cost ratio on the Salford 14.6 then central case passenger revenue forecasts for Eurostar Sefton 14.1 UK (produced in 2001) and excluding regeneration benefits and benefits from the future domestic high St Helens 14.1 speed services was 1.4:1, and including regeneration Stockport 19.5 benefits was 1.8:1. Tameside 15.8 Trafford 9.3 Jeremy Lefroy: To ask the Secretary of State for Warrington 10.8 Transport what his Department’s expected return on Wigan 16.2 investment was per £1 spent on the construction of Wirral 14.4 High Speed 1 at the time of approval. [147928]

North East Mr Simon Burns: The Department for Transport County Durham 17.6 estimated in May 1998 that the Channel Tunnel Rail Darlington 13.7 Link would deliver a benefit-cost ratio of 1.5 to 1. Gateshead 10.8 Hartlepool 10.1 Croydon Tramlink Middlesbrough 22.4 Newcastle Upon Tyne 22.3 Steve Reed: To ask the Secretary of State for North Tyneside 10.6 Transport when he last received a representation from Northumberland 10.4 the Mayor of London seeking funding for the Redcar and Cleveland 19.6 extension of the Croydon Tramlink to Crystal Palace. South Tyneside 10.1 [148376] 455W Written Answers18 MARCH 2013 Written Answers 456W

Stephen Hammond: I refer the hon. Member to my Stephen Hammond: The Driver and Vehicle Licensing answer of 7 March 2013, Official Report, column 1110W. Agency is aware of the long-standing requirement by IBM for organisations providing support and maintenance Driver and Vehicle Licensing Agency to have an agreement in place with them. Following a review only one contract was identified and options to ensure ongoing support are currently being considered. Chi Onwurah: To ask the Secretary of State for Transport who provides hardware and software support for the IBM computing systems in the Driving Leave and Vehicle Licensing Agency; and if this contract was obtained through competitive tendering. [148562] Priti Patel: To ask the Secretary of State for Transport how many officials in (a) his Department and (b) each Stephen Hammond: IBM provide the support and of its agencies and non-departmental public bodies maintenance for their hardware and software at the qualify for privilege days; and what the total cost to the Driver and Vehicle Licensing Agency. This work was public purse was of the number of privilege days utilised outsourced through an open competition. each year by such officials. [147748]

Geoffrey Clifton-Brown: To ask the Secretary of State Norman Baker: The number of officials as at the 31 for Transport if he will estimate the average time taken January 2013 in (a) the Department for Transport and by the Medical Group in the Driver and Vehicle (b) each of its agencies and non-departmental public Licensing Agency to decide on cases referred to it in bodies who qualify for privilege days is set out in the each of the last five years for which figures are table below: available. [148700] Number

Stephen Hammond: The information requested is not Department for Transport (Centre) 1,761 held. The time taken for a driving licence to be issued Driving Standards Agency 2,460 where medical investigations are necessary varies depending on the complexity of the case. The Driver and Vehicle Driver & Vehicle Licensing Agency 6,357 Licensing Agency categorises cases as simple and complex, Highways Agency 3,352 with those that require further medical information Maritime & Coastguard Agency 1,096 considered as complex. Vehicle Certification Agency 157 Vehicle & Operator Services Agency 2,255 The Secretary of State for Transport has set targets Northern Lighthouse Board 207 for dealing with applications involving medical conditions. These are to complete 90% of simple cases within 15 Trinity House 197 working days and 88% of complex cases within 90 Staff in the department’s other non-departmental working days. The following table shows the achievement public bodies do not qualify. against target for the last five financial years. A calculation of the total cost to the public purse of Percentage the privilege days utilised each year by the Department’s Simple cases Complex cases staff and those in its agencies and non-departmental To conclude 88% of cases in To conclude 85% in public bodies could only be made at disproportionate 15 working days 90 working days cost.

2007-08 95.6 91.4 Motor Vehicles: Exhaust Emissions 2008-09 95.8 92.7 2009-10 94.2 92.4 2010-11 96.3 91.0 Mr Andrew Smith: To ask the Secretary of State for 2011-12 96.6 90.7 Transport what steps his Department is taking to advise motorists of their responsibilities in relation to the removal of factory-fitted diesel particulate filters Geoffrey Clifton-Brown: To ask the Secretary of State from vehicles and subsequent driving of those vehicles for Transport how many cases are outstanding at the on the public highway. [148693] Medical Group in the Driver and Vehicle Licensing Agency; and if he will make a statement. [148701] Stephen Hammond: The Department regularly responds to inquiries from motorists (and repairers) with advice Stephen Hammond: On 14 March the Medical Group on this matter. Since obvious defects or missing components at the Driver and Vehicle Licensing Agency had 92,556 in the emission control systems of cars are MOT failure open cases. Of these cases 45% or 41,650 cases are points, similar advice should be available as a matter of awaiting responses from third parties such as GPs, course for vehicle repairers. consultants and opticians. Mr Andrew Smith: To ask the Secretary of State for Chi Onwurah: To ask the Secretary of State for Transport what assessment his Department has made Transport what assessment he has made of the implications of the incidence of removal of factory-fitted diesel for his Department (a) generally and (b) with respect particulate filters from vehicles. [148696] to the Driver and Vehicle Licensing Agency of the decision by IBM to provide only firmware access to Stephen Hammond: The Department has made no organisations with a support contract with IBM. specific study of the incidence of diesel particulate filter [148720] removal. About 5% of MOT failures, fall under the 457W Written Answers18 MARCH 2013 Written Answers 458W category of “fuel and exhaust systems”. However, it is The Department is not aware of any provision under not possible to determine what proportion of those are which either Network Rail or the Office of Rail Regulation due to modifications to the exhaust system. would pay compensation to train operators specifically for loss of revenue arising from industrial action, and is Railways: Franchises not aware of any such payments being made. However, in the event that industrial action by Network Rail staff prevented an operator from running services, Network John McDonnell: To ask the Secretary of State for Rail may be required to make payments to the operator Transport how many passenger rail franchises have under the terms of Schedules 4 or 8 of the operator’s been tendered by his Department since 2005; and what Track Access Agreement. Any such payments would be the total cost to (a) his Department and (b) the a commercially confidential matter for the industry bidders was in each case. [147914] parties concerned. Roads: East Sussex Mr Simon Burns: The Department has issued 10 Invitations to Tender for passenger rail franchises since 2005. Maria Eagle: To ask the Secretary of State for Transport (1) what the most recent cost-benefit analysis is of the The Department has not been able to capture precise Bexhill-Hastings Link Road; [147846] historic costs by franchise and tendering of rail services. (2) how many jobs he estimates will be created by the In the past, when a rail service has been tendered, Bexhill-Hastings Link Road; [147850] permanent staff members have been seconded to work on this project for its duration and return to other (3) what assessment he has made of the potential for duties following its completion. These members of staff increased traffic congestion as a result of the new came from many parts of the Department (e.g. Bexhill-Hastings Link Road; [147854] Procurement, Rail Commercial, Franchise Specification, (4) what his Department’s most recent value for Legal, and Finance) and their costs were captured money estimate is of the Bexhill-Hastings Link Road; within their substantive areas of work and have not [147855] been separated by project. (5) whether the value for money estimate for the The Department has captured its internal and external Bexhill-Hastings Link Road is dependent on the economic costs incurred on the Intercity West Coast procurement merit of the potential development and regeneration of competition. These were published on 7 December 2012 the surrounding area of north east Bexhill. [147857] by the National Audit Office (NAO) in their report on the termination of this procurement competition. Norman Baker: The Department is currently assessing The Department does not capture bidders’ costs. the final funding application from East Sussex county With regards to reimbursing bid costs for the Intercity council, submitted in December 2012, and this work is West Coast procurement competition, discussions with not yet complete. bidders are ongoing. When final agreements have been In March 2012 the Department published its detailed reached the Department will be transparent about the assessment of the Council’s ″best and final″ bid application outcome. for Programme Entry status (provisional funding approval). This included an assessment of the cost benefit analysis Railways: Industrial Disputes and value for money of the scheme; number of jobs created; and the potential impact of the scheme on traffic congestion. John McDonnell: To ask the Secretary of State for The assessment is available on the Department’s website Transport how much has been paid, and on what dates, at the following link: through (a) his Department, (b) Network Rail and (c) the Office of Rail Regulation to individual train http://webarchive.nationalarchives.gov.uk/20121025123854/ http://assets.dft.gov.uk/publications/local-authority-major- operating companies in respect of compensation for transport-schemes/bexhill-hastings-assessment.pdf loss of revenue during industrial disputes in each year since 2004-05. [147915] Shipping: Exhaust Emissions

Norman Baker: The Secretary of State has discretion Karl Turner: To ask the Secretary of State for to reimburse or ameliorate net losses of a franchised Transport with reference to the report by AMEC rail operator arising from industrial action, where he or produced for the UK Chamber of Shipping in March she is satisfied that the franchisee has taken all reasonable 2013, what assessment he has made of the effect on (a) steps to mitigate its effects. In 2004-05 payments totalling employment and (b) freight in the short sea shipping £844,061 were made by the Strategic Rail Authority to a sector of the UK shipping industry complying with the number of operators. In 2006-07 a further payment was provisions of MARPOL Annex VI. [148612] made by the Department to a single operator. As explained in the answer given to the hon. Member by the then Stephen Hammond: The Department welcomes the Minister of State, the right hon. Member for Chipping report commissioned by the Chamber of Shipping and Barnet (Mrs Villiers), on 17 February 2011, Official I will ensure that we will consider its findings carefully. Report, column 969W, the Department for Transport The evidence about the impact on employment and takes the view that the details of this case should remain freight operations from this and other relevant studies commercially confidential as their release would enable will be incorporated into the Department’s Impact identification of the individual payment and operator Assessment on the new sulphur requirements, which concerned. No payments have been made since 2006-07. will be published later this year. Our assessment will 459W Written Answers18 MARCH 2013 Written Answers 460W also consider the economic cost to the UK as well as the Shipping: Qualifications benefits in terms of improved public health and reduced damage to the environment. Dr Offord: To ask the Secretary of State for Transport how many employees in his Department John McDonnell: To ask the Secretary of State for hold the qualification of Navigation (Deck) Officer or Transport (1) pursuant to the answer of 18 June 2012, its equivalent. [148545] Official Report, column 643W,on shipping: pollution, if he will publish a detailed assessment of the effect on Stephen Hammond: The requested information is not employment levels for seafarers of the UK shipping held centrally. industry’s compliance with Annex VI of the International Convention for the Prevention of Pollution from Ships; Shipping: Training and if he will make a statement; [148795] (2) pursuant to the answer of 17 December 2012, Katy Clark: To ask the Secretary of State for Transport Official Report, column 548W, on shipping: exhaust if he will make it his policy to introduce a Certificate of emissions, when he plans to respond to the findings of Competency to meet the requirements of the International the report commissioned by the Chamber of Shipping Convention on Standards of Training, Certification to study the economic and social impacts of MARPOL and Watchkeeping for Seafarers for officers on workboats Annex VI; what other reports into MARPOL Annex VI under 500 gross tonnage. [147911] were commissioned by attendees of the roundtable discussion on 22 October 2012; and when he last discussed Stephen Hammond: I fully support the introduction the provisions of the International Convention for the of the new Certificate of Competency for Masters of Prevention of Pollution from Ships with officials from Workboats less than 500 GT. After listening to trades unions that represent UK seafarers. [148796] representation from industry about the importance of this situation I have made extra resources available to Stephen Hammond: The Chamber of Shipping has expedite the necessary regulatory procedures. recently published a study which includes an assessment about the impact on employment of the new sulphur Alison Seabeck: To ask the Secretary of State for limits. I will ensure that we consider its findings carefully. Transport what discussions he has had with the Maritime and Coastguard Agency on the number of The evidence about employment from this and other available places and the quality of training of cadets on relevant studies will be incorporated into the Department’s UK flagged ships. [148479] impact assessment on the new sulphur requirements, which will be published later this year. Our assessment Stephen Hammond: The Maritime and Coastguard will consider the economic cost to the UK as well as the Agency (MCA) is in regular contact with the shipping benefits in terms of improved public health and reduced industry through the sponsoring companies (Training damage to the environment. Providers) within the Support for Maritime Training In addition to the study commissioned by the Chamber, (SMarT) scheme. Feedback demonstrates that there is a representatives from the freight and the ports industries shortage of berths for cadets on board UK flagged also indicated during the round table discussion that vessels. they had been gathering evidence on the impact of the The guidance for training arrangements under SMarT new sulphur requirements for their members. is frequently reviewed by the MCA. The Agency liaises Whereas I have not discussed the provisions of the with MaTSU, the independent administrators of the MARPOL convention with the trade unions, I would scheme, who conduct regular audits of the training be happy to discuss any concerns that seafarers may providers to ensure they are in compliance with the have about the new limits with their representatives. scheme’s requirements. The responsibility of the training providers, regarding Shipping: Liquefied Natural Gas the support of shipboard training is specifically covered in Marine Guidance Note 455 section 10. There should Karl Turner: To ask the Secretary of State for not be a problem with shipboard training provided that Transport what proportion of vessels of over 500 gross these requirements are complied with. tonnage registered under the UK flag can be fuelled by Sick Leave liquefied natural gas. [148555] Priti Patel: To ask the Secretary of State for Transport Stephen Hammond: Currently, there are no vessels (1) how many days (a) his Department and (b) each of over 500 gross tonnage registered under the UK flag its non-departmental public bodies has lost to staff that can be fuelled by liquefied natural gas. sickness in each of the last five years; and what estimate For an existing vessel to be capable of using liquefied he has made of the cost of such absence in each year; natural gas as fuel, major modifications to the fuel [147995] system and engines will be required. (2) how many officials in (a) his Department and Internationally, new vessels are being designed and (b) each of its non-departmental public bodies have built to operate on liquefied natural gas fuel, which had (i) fewer than five days, (ii) five to 10 days, (iii) 10 incorporate the special fuel storage requirements and to 15 days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to engines but, as far as we are aware, currently there are 50 days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 no such vessels intended to be registered under the UK to 150 days, (x) 150 to 200 days, (xi) more than 200 flag. days, (xii) more than three months, (xiii) more than six 461W Written Answers18 MARCH 2013 Written Answers 462W months and (xiv) more than one year on paid sick leave Norman Baker: The following table shows the number (A) consecutively and (B) in total in each of the last of days lost to staff sickness for the Central Department, five years. [148014] and its six Executive Agencies in each of the last five years.

Days lost—short term Days lost—long term (less than 21 working (more than 21 working Average working days days) days) Total days lost lost

1 January 2008 to 31 December 2008 76,647.24 94,965.55 171,612.79 8.9 1 January 2009 to 31 December 2009 70,681.5 83,310.9 153,992.4 8.1 1 January 2010 to 31 December 2010 66,599.75 79,633.67 146,233.42 7.9 1 January 2011 to 31 December 2011 60,856.66 72,497.41 133,354.07 7.7 1 January 2012 to 31 December 2012 53,853.33 75,308.32 129,161.65 7.7

The information is taken from annual sickness absence Passenger Focus; Directly Operated Railways (established returns to the Cabinet Office. Data below this level, as July 2009); Railway Heritage Committee. requested by my hon. Friend, could be provided only at disproportionate cost. This following table shows the total number of days Termination of Employment lost to sickness for the Department’s Non-Departmental Public Bodies (NDPBs) in each of the last five financial Priti Patel: To ask the Secretary of State for years. Data below this level could be provided only at Transport how many officials in (a) his Department disproportionate cost. and (b) each of its non-departmental public bodies have left that body due to (i) resignation, (ii) retirement, Time period—financial year Total days lost (12 month period). (iii) redundancy, (iv) transferral to another public sector post and (v) another reason in each of the last 1 April 2007 to 31 March 2008 2,117 five years. [147957] 1 April 2008 to 31 March 2009 4,912 1 April 2009 to 31 March 2010 3,945 1 April 2010 to 31 March 2011 5,106 Norman Baker: The first table below shows the number 1 April 2011 to 31 March 2012 5,726 of officials in the Central Department and its six Executive Agencies that left due to (i) resignation, (ii) retirement, The table contains sickness absence data from:- British (iii) redundancy, (iv) transferral to another public sector Transport Police Authority; Trinity House; Northern post and (v) another reason in each of the last five Lighthouse Board; High Speed 2 (established 2009); years.

Transferral to another public Calendar Year Resignation Retirement Redundancy sector post Another reason Total

01/01/08-31/12/09 892 398 111 141 931 2473 01/01/09-31/12/09 449 335 18 130 684 1616 01/01/10-31/12/10 391 393 176 71 445 1476 01/01/11-31/12/11 396 260 332 118 367 1473 01/01/12-31/12/12 379 252 140 205 189 1165

The second table shows the relevant number of officials in the each of its non-departmental public bodies.

Transferral to another public Financial Year Resignation Retirement Redundancy sector post Another reason Total

2008/2009 15 5 16 0 12 48

2009/2010 15 11 6 0 10 42

2010/2011 67 9 9 0 8 93

2011/2012 20 16 38 0 8 82

2012/2013 14 8 12 0 9 43 463W Written Answers18 MARCH 2013 Written Answers 464W

West Coast Railway line police is fundamental to the success of the international coalition’s mission and EUPOL plays a central role in Mark Menzies: To ask the Secretary of State for that work. Transport what representations his Department has On 11 March this year, EUPOL signed a Memorandum received on the Blackpool to London West Coast Mainline of Understanding with the Afghan Ministry of the train stopping at Kirkham; and if he will make a Interior and UNDP on enhancing the capacity of the statement. [148475] family response units, which play an important role in investigating cases of domestic violence. The MOU will Mr Simon Burns: The Secretary of State for Transport form the basis of a new training package for female announced to the House on 6 December 2012 that he police officers, prosecutors and members of the legal wanted to see improvements to Intercity West Coast community. The initial training programme is due to services, including the introduction of new services take place between March and May this year. from London to Blackpool North, this service would Additionally, our £7.1 million assistance to the Ministry call at Kirkham and Wesham. This announcement was of Interior includes a strong focus on developing Afghan welcomed. A letter of support was received in December policy on promoting human rights in the security sector 2012 for the proposed introduction of the London and protecting women from violence. We provide significant Euston to Blackpool North service from the member funding to the Afghan Independent Human Rights for Lancaster and Fleetwood. Commission to ensure it can act to protect women human rights defenders, investigate and catalogue violence against women, and support those seeking justice. FOREIGN AND COMMONWEALTH OFFICE Heidi Alexander: To ask the Secretary of State for Afghanistan Foreign and Commonwealth Affairs what steps his Department is taking to support the Afghan Government Heidi Alexander: To ask the Secretary of State for to implement a law on the elimination of violence Foreign and Commonwealth Affairs what training his against women. [148661] Department is giving to Afghan National Security Forces; and whether that training incorporates an Alistair Burt: Tackling violence against women is understanding of women’s rights. [148659] fundamental to upholding basic human rights and to support women playing a full part in the development Alistair Burt: The full participation of women in all of a stable and secure Afghanistan and the UK and we aspects of Afghan society is fundamental to securing a regularly raise this issue with the Government of stable and prosperous future Afghanistan and the UK Afghanistan. For example, during her visit to Afghanistan has been forthright in its promotion. earlier this month the Senior Minister of State, my UK training to the Afghan National Security Forces noble Friend the right hon. Baroness Warsi discussed is delivered as part of the NATO training mission. women’s rights with the Afghan Foreign Minister Rassoul, Respect for human rights is always a component in this leading female parliamentarians and other government training and when UK military and police personnel and civil society representatives. are mentoring their Afghan colleagues. UK police officers working in the European Union Police Mission Afghanistan Implementation of the Afghan Elimination of Violence (EUPOL) developed and support the delivery of a Against Women Law (EVAW) was specifically included Prevention of Violence Against Women course. Our in the Tokyo Mutual Accountability Framework (TMAF), £7.1 million assistance to the Ministry of the Interior the partnership between the Afghan Government and goes in part towards helping to improve the Afghan the international community. We, along with our National Police’s role in protecting and upholding women’s international partners, will hold the Afghan Government rights. It also supports the development of Afghan to account for the commitments they have made. In policy on promoting human rights and protecting women Kabul, the Gender Donor Coordination Group (led by from violence. UN Women) and the Civil Society Support Group (led by UNAMA) are currently considering how the TMAF We regularly raise the protection and promotion of recommendations should be taken forward. The UK is women’s rights with the Afghanistan Government and represented on both groups. wider Afghan authorities. For example, during her visit to Afghanistan earlier this month the Senior Minister We also encourage the Afghan Government to monitor of State, my noble Friend the right hon. Baroness the use of the EVAW law by police and prosecutors Warsi, met policewomen in Helmand to discuss women’s across the country to ensure it is used in all applicable vital contribution to building peace and security in cases. Our £7.1 million assistance to the Ministry of Afghanistan. Interior includes a strong focus on developing Afghan policy on promoting human rights in the security sector Heidi Alexander: To ask the Secretary of State for and protecting women from violence. We provide significant Foreign and Commonwealth Affairs what support his funding to the Afghan Independent Human Rights Department is giving to the Afghan Government to Commission to ensure it can act to protect women develop and appropriately staff family response units. human rights defenders, investigate and catalogue violence [148660] against women, and support those seeking justice. Through the Tawanmandi project the UK provides Alistair Burt: The UK supports the development of grants for Afghan women’s organisations to advocate the Afghan National Police through EUPOL, the European for full implementation of EVAW law among judges, Police Mission. Improving the capability of the Afghan prosecutors and police; to provide support for victims 465W Written Answers18 MARCH 2013 Written Answers 466W of violence; and we to engage with the Government of Mr Hague: The British Government continues to Afghanistan and holding it to account. UK funding for make clear our strong opposition to the application of this project will continue into 2016. the death penalty in all circumstances. The Senior Minister of State, my noble Friend, the Heidi Alexander: To ask the Secretary of State for right hon. Baroness Warsi, raised our absolute opposition Foreign and Commonwealth Affairs what plans his to the death penalty in meetings with both the Bangladesh Department has to prioritise women’s rights and violence Prime Minister, Sheikh Hasina and Bangladesh Foreign against women in its operations in Afghanistan. [148662] Minister, Dipu Moni, during her visit to Bangladesh of 18 February. Alistair Burt: Human rights, including women’s rights, We continue to work with EU partners in raising our are essential to and indivisible from the UK’s foreign absolute opposition to the death penalty. The EU policy priorities. Tackling violence and discrimination ambassador démarched the Foreign Minister, on 6 March, against women is an important part of our work in about Bangladesh’s use of the death penalty. Afghanistan and is fundamental to upholding basic human rights and to supporting the role of women in Mr Douglas Alexander: To ask the Secretary of State securing a stable and prosperous future Afghanistan. for Foreign and Commonwealth Affairs whether he has We regularly raise this issue with the Government of sought assurances from the Bangladeshi Government Afghanistan and wider Afghan authorities and will that all possible steps are being taken to avoid further continue to do so. For example, during her visit to escalation of violence in that country. [147761] Helmand and Kabul earlier this month the Senior Minister of State, my noble Friend the right hon. Baroness Warsi Mr Hague: The British Government is very concerned discussed the vital role of women in Afghanistan with about the violent protests in Bangladesh. We have called the Foreign Minister Rassoul, leading female for restraint both publicly and privately with the Bangladesh parliamentarians and other government and civil society Government. The Senior Minister of State, my noble representatives. Friend, the right hon. Baroness Warsi, issued a statement We will continue to work closely with the Government on 13 March expressing the UK’s concerns over violence of Afghanistan and wider Afghan authorities, international in Bangladesh and urged all sides to exercise restraint. partners and local and international civil society Our high commissioner in Dhaka, Robert Gibson, organisations to improve the status of women in released a statement on 3 March expressing sadness Afghanistan, so that they can play a full role in a future, over the violence and the deaths that have taken place peaceful Afghanistan. across Bangladesh recently and calling for all parties to exercise restraint, moderation and respect for the rule of Anti-Semitism law. In a meeting with the Bangladesh Foreign Minister, Michael Ellis: To ask the Secretary of State for Dipu Moni, he called for the Bangladesh Government Foreign and Commonwealth Affairs what reports he to ensure that a transparent investigation into the violence has received of trends in the level of anti-Semitism is conducted. across the world. [147621] We will continue to seek assurances from the Bangladeshi Mr Lidington: We strongly condemn anti-Semitism Government that all possible steps are being taken. anywhere that it occurs and our embassies and high commissions around the world monitor manifestations British Nationals Abroad: Hostage Taking of it. We also promote policies to tackle anti-Semitism through a range of international organisations, and Andrew Rosindell: To ask the Secretary of State for speak out regularly to condemn instances of violence Foreign and Commonwealth Affairs how many British and discrimination, as the Secretary of State for Foreign tourists abroad have been taken hostage by Islamist and Commonwealth Affairs, my right hon. Friend the militants since 2001. [148338] Member for Richmond (Yorks) (Mr Hague), did when he condemned the horrific murders of Jewish children Alistair Burt: A very small number of British tourists and a teacher last year in France. abroad have been taken hostage by Islamist militants EU and Organisation for Security and Co-operation since 2001. in Europe (OSCE) reports in 2012, on anti-Semitism in the EU and hate crimes respectively, reached no clear EU Budget conclusions about trends because of the lack of clear-cut data. Nevertheless we have been working through the Emma Reynolds: To ask the Secretary of State for OSCE and bilaterally to help other countries to collect Foreign and Commonwealth Affairs what measure of hate crimes data drawing on the work of the Community EU inflation his Department is using when establishing Security Trust. its negotiation position on the Multiannual Financial Framework 2014 to 2020. [125555] Bangladesh Greg Clark: I have been asked to reply on behalf of Mr Douglas Alexander: To ask the Secretary of State the Treasury. for Foreign and Commonwealth Affairs what recent HM Treasury uses the Harmonised Index of Consumer representations he has made to the Bangladeshi authorities Prices (HICP) measure of inflation, in line with the on the continued use of the death penalty in that established practice in the EU, in the context of the country. [147721] Multiannual Financial Framework 2014 to 2020 467W Written Answers18 MARCH 2013 Written Answers 468W negotiations. (The HICP assumption over the 2014 to Mr Lidington: In 2012 the Royal Navy reported a 2020 period is 2% per year, consistent with the European total of 14 unlawful incursions within British Gibraltar Central Bank’s inflation target.) Territorial Waters by vessels of the Spanish Navy. In 2013 there have been two such incursions up to 11 March. European Commission The Royal Navy challenges unlawful incursions by Spanish naval vessels and we also make formal diplomatic protests to the Spanish Government following all such Bob Stewart: To ask the Secretary of State for Foreign incursions. On 15 November 2012 the Spanish ambassador and Commonwealth Affairs whether he plans to make was summoned to the Foreign and Commonwealth proposals to increase the democratic accountability of Office because of our serious concerns about incursions, European Commissioners to EU citizens. [148569] including one by a Spanish naval vessel on 13 November which had lasted several hours. Although unlawful Mr Lidington: The Government believes that it is incursions by Spanish state vessels are a violation of important to increase democratic accountability in the UK sovereignty, they are not a threat to it. We continue EU in order to ensure that the Commission and the to assert our sovereignty in response to incursions, other EU institutions focus on tackling the real challenges using proportionate diplomatic and naval means. faced by people around Europe. A more significant role for national parliaments will be key to addressing the Human Rights gap between the EU and its citizens. Ann Clwyd: To ask the Secretary of State for Foreign Falkland Islands and Commonwealth Affairs whether he (a) has appointed and (b) plans to appoint any parliamentary human Mr Jim Cunningham: To ask the Secretary of State rights envoys to countries identified by his Department for Foreign and Commonwealth Affairs what as countries of concern in connection with their human assessment he has made of the result of the recent rights records. [147891] referendum in the Falkland Islands over the status of that territory. [148380] Mr Lidington: The Government has not appointed, nor does it plan to appoint, parliamentary human rights Mr Swire: The result of the recent referendum made envoys to countries of concern. But we welcome clear that the overwhelming majority of the Falkland parliamentary interest in our human rights work islanders want to retain the Islands’ status as an Overseas internationally, and the engagement of parliamentarians Territory of the United Kingdom. We welcome this in countries and on issues of concern, including members result. As the Secretary of State for Foreign and of the All Parliamentary Party Groups on human rights, Commonwealth Affairs, my right hon. Friend the Member abolition of the death penalty, international corporate for Richmond (Yorks) (Mr Hague), made clear in his responsibility, and freedom of religion or belief. written ministerial statement of 13 March 2013, Official Report, column 12WS, it is a clear, democratic expression Japan of the islanders’ wishes. The status of the Falkland Islands will never change unless and until the islanders Mr Watson: To ask the Secretary of State for Foreign so wish. The British Government will continue to safeguard and Commonwealth Affairs how many cases of child their well-being and rights. abduction in which UK children are taken from their habitual residence by a parent to Japan have been Mr Jim Cunningham: To ask the Secretary of State reported to his Department in each of the last three for Foreign and Commonwealth Affairs what assessment years; if he will meet with his Japanese counterpart to he has made of the effect of the recent referendum in discuss that country’s ratification of the 1980 Hague the Falkland Islands on the UK’s relations with Argentina. Convention on Civil Aspects of Child Abduction; and [148381] if he will make a statement. [148469]

Mr Swire: This Government fully supports the rights Mr Swire: The Child Abduction Section at the Foreign of the Falkland islanders to determine their own future. and Commonwealth Office holds statistics on cases of We have always been clear that the UK would like a full international parental child abduction brought to its and friendly relationship with Argentina and we firmly attention and where it has offered consular assistance to believe that there is scope to co-operate with Argentina British nationals. In line with our obligations under the on a range of issues of mutual interest. We believe that 1998 Data Protection Act, I am unable to provide an all countries should accept the results of the referendum annual breakdown but I can confirm that the total and support the Falkland islanders as they continue to number of child abduction cases to Japan recorded by develop their home and their economy. the section from January 2010 to date is four. The Government lobbies countries where there are a Gibraltar significant number of abduction cases, or where we have encountered specific problems, to sign the 1980 Hague convention on the civil aspects of international Michael Ellis: To ask the Secretary of State for Foreign child abduction. I raised the issue of Japanese ratification and Commonwealth Affairs what reports he has received of this convention during my visit there in January of incursions by the Spanish navy into Gibraltar’s territorial 2013. I hope that Japan will become a signatory to the waters; and what steps he is taking to protect residents convention in the coming months. We also sponsored a of that territory. [147651] visit of experts on international child abduction to 469W Written Answers18 MARCH 2013 Written Answers 470W

Japan, also in January.We will continue to seek appropriate Alistair Burt: This is a point that we have underlined opportunities to raise this important issue with the to the Palestinian Authority on a regular basis. The Japanese authorities. Secretary of State for Foreign and Commonwealth Affairs, my right hon. Friend the Member for Richmond Maldives (Yorks) (Mr Hague) also discussed these issues with President Abbas in advance of the recent Palestinian Mr Frank Field: To ask the Secretary of State for resolution at the UN General Assembly on 29 November. Foreign and Commonwealth Affairs if he will work towards the establishment of a Commonwealth The British Government is clear that, ultimately, the way to resolve the Israeli-Palestinian conflict is through oversight mechanism for the Maldives. [147467] direct, credible negotiations between the parties. We Alistair Burt: The decisive and timely engagement of continue to call on President Abbas and Prime Minister the Commonwealth Ministerial Action Group (CMAG) Netanyahu to show the strong leadership needed to in February 2012 has ensured continued oversight of achieve progress towards a two-state solution, which Maldives since the transfer of power. In addition to will bring a just and permanent solution to this conflict. CMAG, in March 2012 the Commonwealth Secretary- General also appointed Sir Donald McKinnon as Neil Parish: To ask the Secretary of State for Foreign Commonwealth Special Envoy to Maldives. Sir Donald and Commonwealth Affairs what representations he most recently visited Maldives in January this year and has made to the Palestinian Authority following recent I met with him in London on 1 March this year. He has reports that President Abbas said that Zionism had been able to use his extensive experience to work with links to Nazism before World War II during an all parties and has recently spoken on the importance of interview with Lebanese news channel Al-Mayadeen. moving forward to “free, fair, and inclusive elections” in [147578] Maldives. We welcome the Commonwealth’s valuable work so far, and their ongoing activities to strengthen Alistair Burt: We are aware of the interview given by democracy in Maldives. President Abbas to Lebanese news channel Al-Mayadeen, and the British Consul General in Jerusalem discussed Mr Frank Field: To ask the Secretary of State for it with the President’s office on 23 January. In the Foreign and Commonwealth Affairs (1) what course of the interview President Abbas was asked representations he is making to ensure that Mohamed about his 1982 PhD thesis. Besides confirming that he Nasheed, the former President of the Maldives, receives wrote the thesis he did not comment any further on it a free and fair trial; [147468] during the interview. We therefore did not see it necessary (2) what reports he has received on the 24-hour to make any representations on this occasion. detention of Mohamed Nasheed, the former President of the Maldives; and if he will make a statement. [147469] Neil Parish: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has received Alistair Burt: The Government understands that former that Palestinian Authority President Abbas intimated President Nasheed was taken into custody on 5 March that Israel was trying to kill him during an interview at 13:30 local time so that he could be presented at court with Lebanese news channel Al-Mayadeen. [147583] on 6 March. Officials at our high commission in Colombo have spoken to Maldivian Democratic Party members Alistair Burt: We have seen media reports of President and to Nasheed’s lawyers; we understand that he was Abbas’ recent interview with the Lebanese channel not mistreated during his detention. The former President Al-Mayadeen. has now been released following the hearing, and his trial has been postponed for four weeks. We look to the Neil Parish: To ask the Secretary of State for Foreign Maldivian authorities to ensure that due process is and Commonwealth Affairs what reports he has followed, and that proceedings are fair and transparent. received that Palestinian Authority President Abbas I made a statement on 6 March following the detention said that Zionism had links to Nazism before World of former President Nasheed expressing our keen interest War II during a recent interview with Lebanese news in developments in Maldives and urging all parties to channel Al-Mayadeen. [147584] remain calm and to act responsibly. All parties should be able to contest elections with Alistair Burt: We are aware of the interview given by the candidate of their choice. If the chosen candidates President Abbas to Lebanese news channel Al-Mayadeen, of all parties are not permitted to participate in the and the British Consul General in Jerusalem discussed presidential election, the credibility of the outcome will it with the President’s office on 23 January. In the be irreparably damaged. We hope all involved will work course of the interview President Abbas was asked together to find a solution which would allow for genuinely about his 1982 PhD thesis. Besides confirming that he free, fair, and inclusive elections and ensure all are able wrote the thesis he did not comment any further on it to campaign without hindrance. during the interview. We therefore did not see it necessary Middle East to make any representations on this occasion.

Neil Parish: To ask the Secretary of State for Foreign Mrs Ellman: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he and Commonwealth Affairs what support his Department has made to the Palestinian Authority to rejoin direct is providing to projects fostering coexistence between peace talks with Israel without preconditions. [147556] Israelis and Palestinians. [147718] 471W Written Answers18 MARCH 2013 Written Answers 472W

Alistair Burt: The Government recognises the importance Mr Jim Cunningham: To ask the Secretary of State of supporting constituencies committed to resolving for Foreign and Commonwealth Affairs what the conflict peacefully, and to generate creative and representations he has made to his Russian and Chinese positive dialogue at different levels between Israelis and counterparts on seeking Security Council approval for Palestinians. We are currently developing our Conflict UN agencies to operate in areas beyond the control of Pool programme portfolio for Israel and the Occupied the Syrian regime. [148725] Palestinian Territories for the financial year 2013-14, a key element of which will be projects that foster co-existence. Alistair Burt: We continue to engage with the UN and key international counterparts, including in Security Occupied Territories Council consultations, to highlight the urgent need for increased humanitarian access in Syria in order for aid Mr Jim Cunningham: To ask the Secretary of State to get to all those who need it most. My noble Friend, for Foreign and Commonwealth Affairs whether the the right hon. Baroness Amos, Emergency Relief EU is seeking compensation for buildings built using Co-ordinator for the UN, regularly briefs the Security EU aid which have been demolished by the Israeli Council on the humanitarian situation in Syria, most authorities. [148724] recently on 27 February. We have called on all parties to the conflict to reach an agreement that allows humanitarian Alistair Burt: The EU has not to date sought workers full unfettered access to all people in need, compensation from Israel for demolition of EU-funded without interference or threat of violence, and have projects in the west bank. We understand that certain called on Security Council members, including Russia member states have considered seeking compensation and China, to encourage these parties to provide access. for the destruction of projects they have funded bilaterally. We have made formal representations to the Russians asking for their assistance, through the UN, to enable a Palestinians cross-border humanitarian operation. Dr Julian Lewis: To ask the Secretary of State for Mr Jim Cunningham: To ask the Secretary of State Foreign and Commonwealth Affairs what assessment for Foreign and Commonwealth Affairs what recent his Department has made of the (a) existence, (b) assessment he has made of the effects that restrictions nature and (c) magnitude of chemical weapons held by of movement and access in the West Bank have on the the Syrian Government. [148819] financial stability of the Palestinian authority. [148723] Alistair Burt: Syria publicly admitted possessing chemical Alistair Burt: The Government continues to assess weapons on 23 July 2012. We believe that Syria holds a that Israeli restrictions on movement and access in the range of chemical warfare agents and has the ability to west bank and Gaza are the single biggest obstacle to deliver them. As the Secretary of State for Foreign and trade and economic development, and hence one of the Commonwealth Affairs, my right hon. Friend the Member most important causes of the current financial difficulties for Richmond (Yorks) (Mr Hague) stated to the House of the Palestinian Authority along with the withholding on 6 March 2013, Official Report, column 962: by Israel of customs revenues due to the Palestinian Authority. This is in line with the assessment of the “We are increasingly concerned about the regime’s willingness to use these weapons. We have warned the Assad regime that the World Bank’s Economic Monitoring Report to the Ad use of chemical weapons would lead to a serious response from Hoc Liaison Committee on 19 March 2013. the international community. Those who order the use of chemical We continue to lobby the Israeli Government to ease weapons, and those who use them, will be held to account.” its restrictions on movement and access and to transfer the customs revenues in a timely and predictable manner Telephone Services in accordance with its obligations under the Paris Protocol. Richard Burden: To ask the Secretary of State for Syria Foreign and Commonwealth Affairs how many (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) 0870 Andrew Rosindell: To ask the Secretary of State for telephone numbers for the public are in use by (i) his Foreign and Commonwealth Affairs what recent Department and (ii) the agencies for which he is responsible. discussions he has had with his Turkish counterpart on [147819] the ongoing civil unrest in Syria. [148235] Mr Lidington: There are no public telephone numbers Mr Lidington: The Secretary of State for Foreign and managed by the Foreign and Commonwealth Office Commonwealth Affairs, my right hon. Friend the Member (FCO) or FCO Services that use the prefixes mentioned for Richmond (Yorks) (Mr Hague) has regular discussions by the hon. Member. with the Turkish Foreign Minister. Ahmet Davutoglu, The FCO Consular Travel Advice helpline was handled about Syria, most recently on 8 March 2013. They by a contracted company and was a national rate 0845 discussed developments on the refugee situation, concerns number, but this was discontinued on 22 February 2013. over border security and support for the Syrian National Coalition (SNC). Turkey plays an important role in the Tibet group of countries, including the UK, who are most active in support of the national coalition. Mr Bone: To ask the Secretary of State for Foreign The UK’s objective for Syria remains an end to the and Commonwealth Affairs what steps he is taking to violence and a political transition to a more democratic ensure that the people of Tibet have basic human rights. Syria. [148736] 473W Written Answers18 MARCH 2013 Written Answers 474W

Mr Swire: I refer my hon. Friend to my previous Protectorate, South Rhodesia, Swaziland and the Uganda answer of 14 January 2013, Official Report, column Protectorate; and if he will place in the Library a copy 544W, to the hon. Member for Bethnal Green and Bow of the relevant documentation. [144560] (Rushanara Ali). We regularly raise our concerns about Tibet with the Chinese authorities, and we will continue Mr Lidington: The several thousand “live” treaties to to do so. I issued a statement on 17 December 2012 which the UK is party play a crucial role in governing urging the Chinese authorities to exercise restraint and the UK’s place in the world and its relations with other calling on Tibetans not to resort to extreme forms of states, to the benefit of all its people. Such treaties protest such as self-immolation. Tibet was discussed at include extradition, mutual legal assistance, military the last round of the annual UK-China Human Rights cooperation, double taxation, tax information exchange, Dialogue in January 2012. and aviation treaties, to name but a few. They also include the founding treaties of international organisations, Mr Bone: To ask the Secretary of State for Foreign such as the EU and NATO. In the event of Scottish and Commonwealth Affairs if he will work with his independence, the remainder of the UK would continue counterparts in other countries on developing a as a party to these treaties, while the new independent multilateral solution to the issue of Tibet. [148737] Scottish state would have to go through a process of becoming a party to (or confirming its participation in) Mr Swire: We work closely with our international however many of those treaties it wished to join. partners and multilateral organisations to encourage Some of the 14,000 treaties the UK on the FCO the resumption of meaningful dialogue between the Treaties Online database are either no longer in force, or Chinese authorities and the Dalai Lama or his they are no longer in force for the UK because they representatives. We raised Tibet through the EU at the were concluded by the United Kingdom on behalf of a UN Human Rights Council in September 2012. Alongside former colonial territory. The treaty referred to in the the US, EU and Canada, I raised my concerns over question is likely to fall into one of these categories, self-immolations in Tibet in a statement on 17 December. although its current status could not be confirmed without further research which could be done only at Mr Bone: To ask the Secretary of State for Foreign disproportionate cost. and Commonwealth Affairs if he will make representations to the Chinese government to (a) protect the right to use the Tibetan language, (b) respect freedom of religion Vatican and (c) remove censorship in Tibet. [148738] Mr Amess: To ask the Secretary of State for Foreign Mr Swire: We regularly make representations to the and Commonwealth Affairs whether he plans to seek Chinese authorities about our human rights concerns in amendments to the Lateran treaty; and if he will make Tibet. We did so most recently at senior level on 20 a statement. [R] [147937] December 2012, and we will continue to do so. We raised the issues of the right to use the Tibetan Mr Lidington: The Lateran treaty agreements provided language, respect for freedom of religion, and the removal for the mutual recognition of the Kingdom (later the of censorship in Tibet in detail in the last UK-China Republic) of Italy and the Holy See. The UK is not a Human Rights Dialogue in January 2012. The next party to those agreements, and as such any amendments Dialogue will offer an opportunity for us to re-state to the treaty would be a matter for the Holy See and the these specific concerns. We are awaiting a positive response Republic of Italy. from the Chinese Government to our requests for a date for this next Dialogue. Mr Amess: To ask the Secretary of State for Foreign and Commonwealth Affairs what meetings HM Mr Bone: To ask the Secretary of State for Foreign ambassador to the Holy See has had with hon. Members and Commonwealth Affairs what his policy is on since his appointment; what plans the ambassador has self-government for Tibet. [148739] to hold meetings with hon. Members; and if he will make a statement. [R] [147939] Mr Swire: Our position on Tibet is clear and unchanged: we regard Tibet as part of the People’s Republic of Mr Lidington: The UK ambassador to the Holy See China. We believe a long-term solution depends on has held a number of meetings with hon. Members, respect for human rights and genuine autonomy for both in Rome and in London, since he presented his Tibetans within the framework of the Chinese constitution. credentials in September 2011. This includes members of the All Party Parliamentary Group, who visited the Treaties Holy See in May 2012, and the Group of Ministers led by the Senior Minister of State, my noble Friend, the Stewart Hosie: To ask the Secretary of State for right hon. Baroness Warsi in February 2012. He will Foreign and Commonwealth Affairs when his Department continue to meet hon. Members when convenient for last recorded concern relating to breaches of treaty both sides, and looks forward to welcoming the All obligations by the signatory parties in respect of the Party Parliamentary Group to Rome later this year. Agreement between Great Britain and Colombia extending the Extradition Treaty of 27 October 1888 to Bechuanaland Mr Amess: To ask the Secretary of State for Foreign Protectorate, East Africa Protectorate, Gambia Protectorate, and Commonwealth Affairs what meetings HM North East Rhodesia, North West Rhodesia, North ambassador to the Holy See had with Pope Benedict Nigeria, Northern Territories of the Gold Coast, XVI since the ambassador’s appointment; and if he will Nyasaland, Sierra Leone Protectorate, South Nigeria make a statement. [R] [147940] 475W Written Answers18 MARCH 2013 Written Answers 476W

Mr Lidington: The UK ambassador to the Holy See Common Purpose presented his credentials to Pope Benedict XVI in September 2011. He has attended meetings with Pope Benedict in Robert Neill: To ask the Secretary of State for the course of normal business, for example when Communities and Local Government (1) with reference accompanying official delegations or during formal events to the answer to the hon. Member for Meriden of 26 such as the Pope’s new year message and greeting to the October 2009, Official Report, column 133W,on Common diplomatic corps. Purpose: finance, what the topics were of any Common Purpose training programmes provided for staff in his Department between 2000 and 2009; and if he will COMMUNITIES AND LOCAL GOVERNMENT place any documentation relating to such courses in the Library; [134508] Council Tax Benefit (2) what ministerial oversight there was of funding spent on Common Purpose training programmes 18. Alison Seabeck: To ask the Secretary of State for between 2000 and 2009. [134509] Communities and Local Government what recent discussions he has had with local authorities on the effect on disabled people of changes to council tax Brandon Lewis: While noting that the Department under the last Administration spent £235,950 on Common benefit. [148154] Purpose, we do not hold further documentation. Mr Foster: There have been no specific discussions As has been the practice of previous and current with local authorities recently on the impact on disabled Governments, Ministers do not have access to the papers people. The design and assessment of local council tax of a previous Administration of a different political support schemes, is the responsibility of local authorities. complexion, so I am unable to inform my hon. Friend Government is spending over £50 billion supporting of the degree of ministerial involvement or collaboration disabled people. This is 2.4% of GDP compared to an with Common Purpose under the last Government. EU average of 1.4%. In the interests of transparency, under this Administration, there has been one incidence of spending Business Premises: Fires on Common Purpose, for training provided to a (now former) Permanent Secretary in July 2010. This was not Peter Aldous: To ask the Secretary of State for authorised by Ministers. Communities and Local Government what estimate he In ‘50 ways to save’, published in December 2012, has made of the cost to the public purse in terms of (a) Ministers recommended cancelling spending on Common effect on GDP, (b) lost tax revenue, (c) unemployment Purpose as a practical way of saving money. costs and (d) costs to fire and rescue services as a result of fires in industrial and commercial buildings in 2011. [148173] Elections

Brandon Lewis: No estimate has been made of the Jonathan Reynolds: To ask the Secretary of State for cost to the public purse in terms of the effect on GDP, Communities and Local Government whether the 2014 lost tax revenue, unemployment costs and costs to fire local elections will be held on the same day as the 2014 and rescue services as a result of fires in industrial and European elections. [147840] commercial buildings in 2011. Official statistics published on 13 March note that the number of fire incidents were Brandon Lewis: I refer the hon. Member to the answer down 37% on last year. Fires in non-residential buildings of 12 December 2012, Official Report, House of Lords, were down 23%. column WA228. Carbon Monoxide: Poisoning Fire Services Steve Rotheram: To ask the Secretary of State for Communities and Local Government what steps he is Heidi Alexander: To ask the Secretary of State for taking to support those organisations that aim to Communities and Local Government what plans he increase awareness of the dangers of carbon monoxide. has for parliamentary scrutiny of his plans for the [148392] future of fire and rescue services. [148160] Mr Foster: The Department continues to support work to raise the awareness of the dangers of carbon Brandon Lewis: I refer the hon. Member to my answers monoxide through its involvement in the cross-government of 5 March 2013, Official Report, column 931W and group on gas safety and carbon monoxide awareness. 7 March 2013, Official Report, column 1121W, on Additionally, the national Chimney Fire Safety Week supporting locally-led mutuals. co-ordinated by the Department’s Fire Kills campaign There has previously been support from across the provides a mechanism through which local fire and political spectrum for co-operatives and mutuals in rescue authorities and the chimney and fuel sectors can local government, and I note that the Communities and instigate awareness raising activity. The campaign also Local Government Select Committee recently called on informs local fire and rescue authorities of carbon the Government to do more to help support the monoxide initiatives undertaken by a variety of development of mutuals and co-operatives in local organisations and charities so they can consider local government (“Mutual and co-operative approaches to promotional activity. delivering local services”, HC 112, December 2012). 477W Written Answers18 MARCH 2013 Written Answers 478W

Our work to support local mutuals and co-operatives Administrations used hybrid Bills to authorise the follows a bid from Cleveland Fire Authority to set up a construction of Crossrail and the Channel Tunnel Rail local employee-led mutual. I would add that the Labour Link. councillor who is the local chairman of the Fire Authority But we have no plans to make any specific planning has described the false claims of privatisation as changes in respect of wider development along the ‘scaremongering’ (Darlington and Stockton Times, High Speed 2 route corridor. 12 February 2013). Any potential legislative change to facilitate and support locally-led mutuals would entail parliamentary scrutiny, Housing: Sustainable Development debate and passage in line with normal procedures. Paul Flynn: To ask the Secretary of State for Andy McDonald: To ask the Secretary of State for Communities and Local Government what assessment Communities and Local Government if he will place his Department has made of the use of bio-mimicry all the responses and related correspondence to his techniques to develop sustainable materials for use in Department’s consultation on fire mutuals in the the building construction sector. [148289] Library. [148363] Mr Foster: My Department has made no such Brandon Lewis: The responses and correspondence assessment. referred to deal with matters relating to the formulation of Government policy. It is not normal practice to publish such information while it is still being taken Housing: Taxation into account, and I consider it appropriate to maintain that in this case. John Mann: To ask the Secretary of State for Not withstanding, I refer the hon. Member to my Communities and Local Government when he expects answers of 5 March 2013, Official Report, column local authorities to report to his Department the level 931W,and 7 March 2013, Official Report, column 1121W, set for the community infrastructure levy and the on supporting locally-led mutuals. affordable housing levy. [148653]

Tom Blenkinsop: To ask the Secretary of State for Nick Boles: When local planning authorities choose Communities and Local Government what the average to adopt the community infrastructure levy they must cost to a non-metropolitan fire brigade is of employing consult on their proposed rates and these rates are a firefighter. [148713] subject to an independent public examination. After the examination the full Council must approve the charging Brandon Lewis: This information is not held centrally. schedule. After the charging schedule is approved the charging Green Belt authority published it on their website and make it available at its principal office and at such other places Gavin Williamson: To ask the Secretary of State for in its area as it consider appropriate. The charging Communities and Local Government what recent steps authority must also give notice by local advertisement he has taken to increase the powers of local authorities of the approval of the charging schedule, give notice to to protect the green belt. [148137] those persons who requested to be notified of the approval of the charging schedule that it has been Mr Pickles: We have previously made absolutely clear approved, and send a copy to each of the relevant that traveller sites are inappropriate development in the consenting authorities. green belt. Local planning authorities are not required to report their Community Infrastructure Levy rates, or their I can confirm to the House that we will be enabling affordable housing requirements in Section 106 planning councils to use Temporary Stop Notices to take swift obligations, to the Government. and effective action against unauthorised caravans in the green belt and elsewhere. This builds on our earlier reforms to strengthen councils’ Leave enforcement powers, ensuring fair play throughout planning. Priti Patel: To ask the Secretary of State for Communities High Speed 2 Railway Line and Local Government how many officials in (a) his Department and (b) each of its agencies and non- Jeremy Lefroy: To ask the Secretary of State for departmental public bodies qualify for privilege days; Communities and Local Government whether his and what the total cost to the public purse was of the Department intends to bring forward proposals to alter number of privilege days utilised each year by such planning rules to permit wider development along the officials. [147733] High Speed 2 route corridor. [145577] Brandon Lewis: In addition to annual leave allowance, Nick Boles: The Department for Transport have stated all civil service staff are contractually entitled to two that it is their intention to introduce a hybrid Bill to and a half days privilege holidays which are customarily facilitate the construction of the railway line which taken on Maundy Thursday afternoon, the Queen’s crosses multiple local authority areas. Previous Birthday and an additional day at Christmas. 479W Written Answers18 MARCH 2013 Written Answers 480W

As part of the civil service reform plan to deliver Brandon Lewis: These are matters that are the modern employment conditions for the civil service, the responsibility of the independent Local Government Department and its agencies are currently reviewing Boundary Commission for England which is accountable privilege leave entitlements (other than the Queen’s through the Speakers Committee to this House, The Birthday). Commission collect data on all electoral arrangements Based on current staffing levels, the estimated cost of in English local authorities each year and will be able to privilege days for DCLG is £471,619, the Planning provide information about these if requested. Inspectorate £173,357 and the QEII Conference Centre £18,731. In each case, that represents less than 1% of John Pugh: To ask the Secretary of State for the respective pay bills. Communities and Local Government what his policy is on the alteration of local authority boundaries in order better to deliver the localism agenda. [148618] Local Government Finance: Sefton Brandon Lewis: The Government believes that it is John Pugh: To ask the Secretary of State for Communities preferable for local authorities not to be distracted by and Local Government pursuant to his answer of 4 March boundary changes, but to focus on combining and 2013, Official Report, column 783W,on local government sharing operations across boundaries on both front line finance: Sefton, whether the change in Sefton council’s service delivery and back office. Where all councils spending power between 2012-13 and 2013-14 represents concerned believe a boundary change would be of genuine a reduction in net government grant to that council of benefit, the Government will not stand in the way of £43 million. [147558] their pursuing this, providing there is clear evidence of public support and the changes unambiguously would Brandon Lewis: I do not recognise the suggested lead to greater value for money. £43 million figure. Numerical data on the Local Government Finance Settlement can be found online Local Government: Disclosure of Information at: www.local.communities.gov.uk Stephen McPartland: To ask the Secretary of State for Communities and Local Government if he will The reference to changes in net government grant bring forward proposals to make his Department’s does not reflect the fundamental changes in the funding Code of Recommended Practice for Local Authorities of local government this year, moving away from reliance on Data Transparency legally enforceable; and what on central government grant funding to a scheme where plans he has to enforce transparency of council car local authorities have greater control over their income. parking charges. [147673] From 2013-14, Formula Grant funding from central Government will be replaced by a system that enables Brandon Lewis: We recently consulted on making the local government as a whole to keep 50% of business Code of Recommended Practice for Local Authorities rates, and the growth on that share. Revenue spending on Data Transparency enforceable by regulations. The power reflects the broader sources of income available consultation included a proposal for more transparent to each local authority, including from the business data on parking charges and fines. We are now assessing rates retention scheme, as well as from Revenue Support responses received and will publish a government response Grant and from council tax. in due course.

Local Government Services Localism Act 2011

Jeremy Lefroy: To ask the Secretary of State for Nadine Dorries: To ask the Secretary of State for Communities and Local Government what assessment Communities and Local Government whether he plans he has made of the additional cost of providing local to collect data on the average number of referendums authority services in sparsely populated areas. [147925] in each constituency as a result of the Localism Act 2011. [148458] Brandon Lewis: Our assessment was informed by evidence from a variety of sources, it included work to Nick Boles: Such referendums are a local matter and construct relative needs formulae over a number of we have no plans to collect these data centrally. years prior to the 2011-12 settlement and evidence from Mutual Societies responses to the summer 2012 Technical Consultation on Business Rates and the statutory consultation on the 2013-14 Local Government Finance Report. Tom Blenkinsop: To ask the Secretary of State for Communities and Local Government what comparative assessment he has made of the scope for additional (a) Local Government: Constituencies savings and (b) revenue which a fire brigade could generate from (i) spinning out from its parent body as a Mr Andrew Turner: To ask the Secretary of State for public service mutual and (ii) having an arm’s length Communities and Local Government what the (a) community interest company providing services to other average, (b) smallest and (c) largest number of electors public and private sector bodies. [148654] in (i) district wards and (ii) county electoral divisions is where the number of councillors is (A) one, (B) two and Brandon Lewis: Any assessment of the additional (C) three; and what the name is of each such ward and savings and revenue generated by innovative delivery division. [148559] models will be a matter for the relevant fire and rescue 481W Written Answers18 MARCH 2013 Written Answers 482W authority to undertake. There is strong evidence from https://www.gov.uk/government/publications/right-to-buy- across a wide range of sectors that public service mutuals sales-in-england-2012-to-2013 deliver significant benefits for their employees, service There were six Right to Buy sales by local authorities users and communities, and commissioners. These include in Cumbria between 2012-13 Q1 and Q3. South Lakeland higher staff and customer satisfaction, acting as engines district council transferred their social housing stock at for growth in their local communities and making savings. the end of the 2011-12 financial year. Figures are collected Employees at Cleveland Fire Brigade have already at local authority level and not available at parliamentary shown their entrepreneurial drive by setting up a social constituency level. enterprise which provides fire prevention services to Termination of Employment businesses and uses the profits to fund fire prevention work in the community. This has helped contribute to the number of fires in Cleveland falling well below the Priti Patel: To ask the Secretary of State for Communities national average. and Local Government how many officials in (a) his Department and (b) each of its non-departmental public Non-domestic Rates bodies have left that body due to (i) resignation, (ii) retirement, (iii) redundancy, (iv) transferral to another Dan Jarvis: To ask the Secretary of State for public sector post and (v) another reason in each of the Communities and Local Government if he will assess last five years. [147944] the potential effect on local bookshops of any increase in business rates. [148056] Brandon Lewis: The following numbers of staff have left my Department in each of the last five years: Brandon Lewis [holding answer 14 March 2013]: Our 2012-13 commitment to hold business rates rises to the annual Reason 2008-09 2009-10 2010-11 2011-12 (to date) Retail Price Index cap means there has been no real terms increase in business rates since 1990. In addition, Resignation 56 82 50 39 34 we have also postponed the revaluation of business Retirement 33 42 143 10 4 premises from 2015 to 2017 to provide certainty and Redundancy 15 6 18 336 175 stability; doubled the level of Small Business Rate Relief Transfer 102 102 31 185 80 for a further year (the whole of 2013-14); and given Other 43 69 54 10 5 authorities powers to provide their own business rates discounts. Please note that figures on retirements and redundancies through 2010-12 reflect the completion of the Department’s Planning Permission: Devon major programme of restructuring which has reduced headcount by 37% on a like-for-like basis with the Hilary Benn: To ask the Secretary of State for October 2010 baseline position. Communities and Local Government whether (a) he Based on current estimates (which reflect accounting and (b) any Ministers in his Department have had any consequences from machinery of Government changes), discussions with Councillor Graham Brown of East the DCLG Group is reducing its annual running costs Devon District Council about planning matters since by 41% in real terms between 2010-11 and 2014-15. May 2010. [147880] This equates to net savings of at least £532 million over this spending review period and includes savings of Brandon Lewis [holding answer 14 March 2013]: No. around £420 million from the closure of the Government I am not aware of any such discussions by Ministers. Offices for the Regions. All representatives of the Department act in accordance Figures for the Department’s agencies and non- with “Guidance on Planning Propriety Issues”, which is departmental public bodies are not centrally held. published at: www.gov.uk/government/publications/planning-propriety-issues- guidance WORK AND PENSIONS More broadly, I refer the right hon. Member to the Secretary of State for Communities and Local Government, Carbon Monoxide: Alarms my right hon. Friend the Member for Brentwood and Ongar (Mr Pickles’), letter to him of 12 March, a copy Mr Sheerman: To ask the Secretary of State for Work of which has been placed in the Library of the House. and Pensions what consideration his Department has given to amending Regulation 36 of the Gas Safety Right to Buy Scheme: Cumbria (Installation and Use) Regulations 1998 to oblige landlords to provide a carbon monoxide alarm in their John Woodcock: To ask the Secretary of State for properties. [147841] Communities and Local Government how many tenants have participated in the Right to Buy scheme for social Mr Hoban: The Government has no plans to amend housing in (a) Barrow and Furness constituency, (b) the Gas Safety (Installation and Use) Regulations 1998 South Lakeland and (c) Cumbria since 2 April 2012. to oblige landlords to provide carbon monoxide alarms. [147294] Guidance from the Health and Safety Executive (HSE) strongly recommends the use of audible carbon monoxide Mr Prisk [holding answer 13 March 2013]: Figures alarms as a precautionary measure, but makes clear for local authority Right to Buy sales at local authority that they are not a substitute for the correct installation district level since April 2012 can be found in Live Table or maintenance of a gas appliance as required by the 691 on this page: regulations. 483W Written Answers18 MARCH 2013 Written Answers 484W

Credit Unions excluded when we have a digital by default approach. I have discussed with ministerial colleagues how we will Mr Thomas: To ask the Secretary of State for Work achieve this. Additionally, my officials are working with and Pensions what funding he has allocated to expand the Government Digital Service, the Cabinet Office and credit union coverage in the UK; and if he will make a a range of stakeholders to ensure that there is a cross statement. [148412] government approach to digital exclusion.

Steve Webb: Subject to the completion of contractual arrangements, DWP plans to make a further investment Employment and Support Allowance of up to £38 million in credit unions. Payments will be subject to the successful achievement of agreed targets Fiona Mactaggart: To ask the Secretary of State for and delivery as specified in a contract. A preferred Work and Pensions how many people claiming supplier has been identified to deliver credit union employment and support allowance had benefit expansion and we expect to make an announcement sanctions applied in each month between October 2011 soon. and the most recent date for which figures are available. Disability Living Allowance [148373]

Jonathan Reynolds: To ask the Secretary of State for Mr Hoban: The information is not available. Work and Pensions what the criteria is for the selection The sanctions regime for people on employment support of people for reassessment of their disability living allowance (ESA) in the Work Related Activity Group allowance ahead of a possible transfer to personal changed from the beginning of December 2012. As a independent payment. [147330] result of the changes to the regime, the Department for Work and Pensions has reviewed its methodology for Esther McVey: Every disability living allowance claimant publishing ESA sanctions official statistics with a view who is aged 16 to 64 on 8 April 2013, or who reaches age to ensuring the publication remains relevant while also 16 after that date, will be invited to claim personal seeking to maintain a consistent time series. independence payment from October 2013 onwards. In comparing methodologies, an error was discovered Most claimants will not be invited to claim personal in the current official statistics measure leading to double independence payment until October 2015 onwards. counting of some sanctions. For this reason, statisticians Further information on the criteria for selection to at the DWP have decided to suspend publication of claim personal independence payment and the timetable ESA sanctions statistics based on the current method. over which that is happening has been published in a Reassessments and Impacts briefing note, available on The DWP will publish the first set of statistics for the the Department’s website at: new ESA sanctions regime in May 2013 alongside a revised historical series and a working paper explaining www.dwp.gov.uk/docs/pip-reassessments-and-impacts.pdf the differences between the methodologies. Disability Living Allowance: Greater Manchester

Jonathan Reynolds: To ask the Secretary of State for Employment and Support Allowance: Worthing Work and Pensions how many people currently in receipt of disability living allowance are due to be Mr Gibb: To ask the Secretary of State for Work and assessed for personal independence payments in Pensions (1) what proportion of calls to Worthing Stalybridge and Hyde constituency. [147252] Benefit Centre regarding employment and support allowance were returned within the target of three Esther McVey: The available information on personal hours in (a) July 2012, (b) August 2012, (c) September independence payment is published in a reassessments 2012, (d) October 2012, (e) November 2012, (f) December and impacts briefing note. This can be found on the 2012, (g) January 2013 and (h) February 2013; [146824] Department’s website at: (2) what proportion of first payments of employment www.dwp.gov.uk/docs/pip-reassessments-and-impacts.pdf and support allowance by Worthing Benefit Centre Information on current disability living allowance were made within the target of 16 days in (a) July 2012, caseloads at a parliamentary constituency level can also (b) August 2012, (c) September 2012, (d) October be found on the Department’s website at: 2012, (e) November 2012, (f) December 2012, (g) http://83.244.183.180/100pc/tabtool.html January 2013 and (h) February 2013; [146826] Electronic Government (3) pursuant to the answer of 4 March 2013, Official Report, column 886W, on Jobcentre Plus: Worthing, for Helen Goodman: To ask the Secretary of State for which benefit Worthing benefit centre is failing to meet Work and Pensions what discussions he has had in the internal performance standards in (a) returning calls last six months with (a) his ministerial colleagues and and (b) processing claims; and if he will provide the (b) key stakeholders on the challenges for services performance measure data for the standards achieved delivered by his Department posed by digital exclusion. by the centre. [146941] [148361] Mr Hoban: The following table gives performance Mr Hoban: DWP has a responsibility to ensure services data for employment support allowance at Worthing are accessible to everyone who is entitled to them. I am Benefit Centre for calls returned within three hours and committed to ensuring that non-users of digital are not new claims processed within 16 days. 485W Written Answers18 MARCH 2013 Written Answers 486W

Employment support allowance 2012-13 Hostels: Females Percentage of calls Percentage of claims returned within processed within 3 hours (target 16 days (target Lindsay Roy: To ask the Secretary of State for Work 95%) 85%) and Pensions (1) what steps his Department is taking to ensure continued funding for women’s hostels after the July 12.0 68.4 introduction of the benefit cap; [148388] August 17.6 62.3 September 13.7 71.2 (2) what steps his Department is taking to safeguard October 17.5 53.6 funding for women’s aid refugees after the introduction of the benefit cap. [148389] November 24.4 59.0 December 36.8 63.9 January 44.3 72.0 Mr Hoban: We have just amended the Benefit Cap (Housing Benefit) Regulations 2012 so that claimants February 78.0 82.2 who are staying in refuges or hostels that satisfy the Worthing Benefit Centre is not currently meeting definition of “exempt accommodation”in Housing Benefit internal performance standards for employment support legislation will have the support the Department provides allowance (ESA) on both calls returned and new claims for their rent fully disregarded in the benefit cap calculation. processed. In other cases there will be transitional support available Due to the high volumes that have been experienced to families affected by the cap through Discretionary in this area of work at WorthingBenefit Centre performance Housing Payments. We are providing additional funds has been impacted greatly. Support has been given by of up to £65 million for this purpose in 2013-14, and up other areas of the department and is continuing, backlogs to a further £35 million in 2014-15. have now reduced and performance is recovering. Full recovery is expected over the next few months. Housing Benefit: Social Rented Housing

Employment Schemes Stephen Doughty: To ask the Secretary of State for Work and Pensions what representations he has received Fabian Hamilton: To ask the Secretary of State for from housing associations and registered social landlords Work and Pensions whether his Department offers on the under-occupancy penalty. [148561] provision of training to jobseekers who cannot find work in their usual field of employment. [147167] Steve Webb: Ministerial colleagues, departmental officials and I have met with representatives from a range of Mr Hoban: Jobcentre Plus advisers are able to offer organisations, including social housing providers, local claimants help which can include Skills Funding Agency authorities and housing associations to discuss various (SFA) skills provision, job search support and access to aspects of the Government’s plans for welfare reform, the DWP-funded Flexible Support Fund (FSF). FSF including details of the removal of the spare room may be used to procure provision to enable a claimant subsidy for social tenants. to either enter sustained employment or move closer to During the development of the measure to remove the labour market where no other suitable DWP contracted the spare room subsidy officials from both the Department or non-contracted training is available. for Work and Pensions and the Department for Advisers work with each claimant to judge which Communities and Local Government met with social interventions will help them move into employment, at landlord groups to discuss the emerging policy. the most appropriate point in a claim, tailoring this to the individual need. Help can include being offered a Stephen Timms: To ask the Secretary of State for place on a sector-based work academy which provides Work and Pensions what steps he is taking to inform pre-employment training, and work experience in a social housing tenants affected by the under-occupation sector with high volumes of current local vacancies. penalty of their potential entitlement to discretionary Long-term unemployed claimants can access the tailored, housing payments; and if he will make a statement. back to work support, on offer from the Work programme. [148620] This can include skills provision if the provider considers this an appropriate way of helping an individual into Steve Webb: It is for local authorities to administer sustainable employment. and publicise discretionary housing payments. DWP has issued guidance to local authorities on how the Habitual Residence Test scheme should be administered and that it should be widely publicised. Bob Stewart: To ask the Secretary of State for Work The guidance also includes model letters and factsheets and Pensions what recent assessment he has made of that local authorities have used to communicate how the adequacy of the habitual residency test in relation the size criteria should be applied in the social rented to the lifting of transitional controls on Romanian and sector: Bulgarian migrants in January 2014. [148570] http://www.dwp.gov.uk/docs/a4-2012.pdf

Mr Hoban: The Department has robust rules and Stephen Timms: To ask the Secretary of State for guidance already in place and is currently looking at Work and Pensions of the 660,000 claimants identified ways of further strengthening the habitual residence in the impact assessment on the Housing Benefit Under- test. Occupation Penalty published by his Department on 487W Written Answers18 MARCH 2013 Written Answers 488W

28 June 2012, how many would need (a) one bedroom, Income support lone parent sanctions applied by month in Great Britain (b) two bedrooms and (c) three or more bedrooms, in Number of sanctions order to avoid the penalty. [148622] July 2012 5,200 August 2012 8,000 Steve Webb: Of the estimated 660,000 claimants affected September 2012 6,800 by the removal of the spare room subsidy in the social sector October 2011 to September 2012 total 64,100 in 2013-14, the Department estimates around 380,000 Notes: will need one bedroom properties according to the size 1. A lone parent claiming income support can be sanctioned for failure to criteria and around 260,000 will need two bedroom attend or participate in mandatory work focused interviews (WFIs) without good cause. The benefit sanction remains in place until the lone parent attends properties. Sample sizes in the survey data used for this and participates in a WFI. analysis are too small to derive reliable estimates of the 2. Data to September 2012 is the latest available published information—see: number of claimants requiring three bedroom properties. http://research.dwp.gov.uk/asd/asd1/is/lone_parent_regime/ index.php?page=lone_parent_regime Notes: 3. Figures are rounded to the nearest hundred. 1. Figures have been rounded to the nearest 20,000. Source: Income Support Computer System (ISCS) data 2. Earlier, more approximate versions of these numbers were released in response to a freedom of information request (VTR611) Independent Living Fund: Wales in February 2013 for copies of any unpublished statistical background information on stock that described the impact on various claimant groups of the proposals to introduce the under-occupation penalty. Ian Lucas: To ask the Secretary of State for Work The figures were originally prepared for short notice internal and Pensions how many people in each local authority briefing to the Permanent Secretary, but we have since produced in Wales have received payments from the Independent more reliable estimates, which we are giving in this reply. Living Fund to date. [148227] Source: Policy Simulation Model, using 2009-10 reference data from the Esther McVey: The total number of people in each Family Resources Survey. local authority in Wales to have received payments from the ILF since it was created in 1988 are set out in the Housing Benefit: Wales following table: Number of people who have received ILF funding since 1988 in each local Stephen Doughty: To ask the Secretary of State for authority in Wales. Work and Pensions what conclusions he has drawn Local authority Total per local authority from his Department’s pilots of direct payments to Anglesey county 57 tenants in Wales; and if he will make a statement. Blaenau Gwent county borough 47 [148560] Bridgend county borough 115 Caerphilly county borough 98 Mr Hoban: The Direct Payment Demonstration projects Cardiff county council 210 have provided and continue to provide much valuable Carmarthenshire county 270 live learning about how best to design that aspect of Ceredigion county 54 universal credit so that arrears are minimised and tenants Clwyd social services 6 take effective control of their budgets. Conwy county borough council 119 To date, the learning has in particular influenced the Denbighshire county 79 design of Personal Budgeting Support, the Alternative Dyfed social services 1 Payment Process and the rent arrears trigger. Flintshire county 151 Gwent social services 1 Income Support Gwynedd social services 159 Merthyr Tydfil borough council 60 Fiona Mactaggart: To ask the Secretary of State for Monmouthshire county 44 Work and Pensions how many people claiming income Neath and Port Talbot county borough 113 support have had benefits sanctions applied in each Newport City social services 100 month between October 2011 and the most recent date Pembrokeshire county 119 for which figures are available. [148374] Powys county 97 Rhondda/Cynon/Taff county borough 219 Mr Hoban: The only group on income support subject South Glamorgan 1 to a conditionality regime enforced by sanctions are Swansea county 146 lone parents. The information requested is provided in Torfaen county borough 112 the following table: Vale of Glamorgan borough council 84 Wrexham county borough 164 Income support lone parent sanctions applied by month in Great Britain Overall total 2,626 Number of sanctions Source: October 2011 6,200 Independent Living Fund administrative data November 2011 5,200 December 2011 4,900 Jobcentre Plus January 2012 5,000 February 2012 4,600 Fabian Hamilton: To ask the Secretary of State for March 2012 5,200 Work and Pensions what penalties are imposed on a April 2012 4,200 person who (a) misses (i) one and (ii) two adviser May 2012 4,600 appointments at a jobcentre and (b) refuses to accept June 2012 4,100 the offer of a job. [147165] 489W Written Answers18 MARCH 2013 Written Answers 490W

Mr Hoban: The penalty imposed on a JSA claimant With regards to 03 numbers. DWP numbering policy who fails to attend an adviser interview without good is kept under review, taking account of any changes to reason will be a sanction of four weeks for the first the costs of calling non-geographic numbers. Depending failure and 13 weeks for a second or subsequent failures. on the service provider and the specific contract or call For a JSA claimant refusing the offer of a job without plan in place, many customers would currently pay good reason, the penalty is a sanction of 13 weeks for more to contact DWP, if 0845 services were replaced the first failure, followed by 26 weeks for a second with 03 numbers. As a result, any change to the policy failure within a year of the first, followed by 156 weeks will need careful consideration. DWP has responded to for a third (or more) such failure(s) within a year of any Ofcom’s proposals for the 0845 number range and we previous failures. await their final report in March 2013. Their proposals do not include any requirement for organisations to Mr Jamie Reed: To ask the Secretary of State for replace 0845 numbers. More information on this Work and Pensions pursuant to the answer of 11 March consultation, including the DWP response, is freely 2013, Official Report, column 102W, on Jobcentre Plus, available via the Ofcom website. in his discussions with Jobcentre Plus staff, what concerns were expressed by staff regarding the Government’s changes to the welfare system; and what steps his Jobseeker’s Allowance Department is taking to address those concerns. [148124] Fiona Mactaggart: To ask the Secretary of State for Work and Pensions if he will publish a table showing Mr Hoban: What our staff tell us is that they want to the sanctions imposed by each benefit office on jobseeker’s deliver an excellent service to the public and the current allowance claimants in each month since 2010. [148371] complex benefit system fails to support them in this. Universal credit will simplify the benefits system, making sure that people are always better off working than on Mr Hoban: This information is not readily available benefits. A simpler benefit system will enable staff to and to provide it would incur disproportionate cost. deliver the excellent service to which they strive. In Statistics showing the sanctions imposed on jobseeker’s developing universal credit we have received helpful allowance claimants by each Jobcentre Plus Group area comments and suggestions from DWP staff which have in each month since 2010 can be found at: enabled us to develop the rules, based on the experience http://research.dwp.gov.uk/asd/index.php?page=tabtool of people who deal with customers and claimants every day. Guidance for users is available at: http://research.dwp.gov.uk/asd/asd1/tabtools/quidance.pdf Mr Jamie Reed: To ask the Secretary of State for Work and Pensions pursuant to the answer of 11 March Fiona Mactaggart: To ask the Secretary of State for 2013, Official Report, column 102W, on Jobcentre Plus, Work and Pensions what the average time taken is how much his Department has spent on specialists in between the suspension of jobseeker’s allowance and the run-up to the welfare reforms coming into force in the determination of an appeal against that suspension April 2013. [148125] in each (a) region and (b) constituent part of the UK. [148372] Mr Hoban: As part of the roll-out of universal credit we have created the role of universal credit ambassadors. Mr Hoban: This information is not readily available Universal credit ambassadors support colleagues with and to provide it would incur disproportionate cost. the culture and business change resulting from universal credit. The role is undertaken in addition to normal duties, and as such is covered through existing staffing Pensioners allocations.

Richard Burden: To ask the Secretary of State for Chris Ruane: To ask the Secretary of State for Work Work and Pensions (1) if he will establish for Jobcentre and Pensions what estimate his Department has made Plus a contact telephone number that is a UK landline of the number of pensioners in each of the last 10 number beginning 01, 02 or 03; [148364] years; and what estimate his Department has made of (2) if he will establish for the Disability Living the number of pensioners in each of the next 15 years. Allowance Unit and the Attendance Allowance Unit a [148500] contact telephone number that is a UK landline number beginning 01, 02 or 03. [148366] Steve Webb: Caseload statistics and forecasts for Great Britain by individual benefit, including state pension, Mr Hoban: The reason DWP uses non-geographical are published and can be found at: numbers (08) rather than geographical 01, 02 numbers http://research.dwp.gov.uk/asd/asd4/autumn_2012_211212.xls is because DWP operates a virtual telephony network. Table 1c provides historic caseloads and forecasts up to Using non-geographical numbers enables calls to be 2017-18, based on autumn statement forecasts. routed to the next available advisor with the appropriate skills to answer the enquiry and best places DWP to Projections of caseloads for United Kingdom to 2061-62, meet customer demand. Moving to geographic numbers consistent with the autumn statement forecasts, can be would undermine the ability of the business to effectively found at: manage the significant volume of calls received each http://research.dwp.gov.uk/asd/asd1/adhoc_analysis/2013/ year. ltp_pensioners_tables.xls 491W Written Answers18 MARCH 2013 Written Answers 492W

Poverty Mr Hoban: The following figures are provided from the Households Below Average Income (HBAI) dataset Chris Ruane: To ask the Secretary of State for Work and provide data on part time and full time workers by and Pensions how many people in (a) part-time and region, figures are presented as three year averages to (b) full-time work were living in poverty in each region overcome volatility in estimates. Estimates are presented of the UK in each year for which figures are available. both Before and After Housing Costs. [148501]

Table 1: Number of individuals working part time living in households with less than 60% of contemporary median income, by region and country, United Kingdom. Before Housing Costs Million Part time work 1994-95 to 1995-96 to 1996-97 to 1997-98 to 1998-99 to 1999-2000 to 2000-01 to 2001-02 to 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04

North East 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 North West and 0.1 0.1 0.1 0.1 0.2 0.1 0.1 0.1 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 . 0.1 0.1 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 South East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 NorthernIreland————————

Million Part time work 2002-03 to 2003-04 to 2004-05 to 2005-06 to 2006-07 to 2007-08 to 2008-09 to 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

North East 0.1 0.1 0.1 0.1 0.1 0.1 0.0 North West and 0.1 0.1 0.2 0.2 0.2 0.2 0.2 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.2 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.2 0.2 0.2 0.2 0.2 0.2 0.2 South East 0.1 0.1 0.2 0.2 0.2 0.2 0.2 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Northern Ireland 0.0 0.0 0.0 0.0 0.0 0.0 0.0

Table 2: Number of individuals working full time living in households with less than 60% of contemporary median income, by region and country, United Kingdom. Before Housing Costs Million Full time work 1994-95 to 1995-96 to 1996-97 to 1997-98 to 1998-99 to 1999-2000 to 2000-01 to 2001-02 to 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04

North East 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 North West and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Scotland 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 NorthernIreland———————— 493W Written Answers18 MARCH 2013 Written Answers 494W

Million Full time work 2002-03 to 2003-04 to 2004-05 to 2005-06 to 2006-07 to 2007-08 to 2008-09 to 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

North East 0.0 0.0 0.0 0.0 0.0 0.0. 0.0 North West and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.1 0.0 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 . 0.1 0.1 0.1 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Northern Ireland 0.0 0.0 0.0 0.0 0.0 0.0 0.0

Table 3: Number of individuals working part time living in households with less than 60% of contemporary median income, by region and country, United Kingdom. After Housing Costs Million Part time work 1994-95 to 1995-96 to 1996-97 to 1997-98 to 1998-99 to 1999-2000 to 2000-01 to 2001-02 to 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04

North East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 North West and 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.3 South East 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 South West 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.1 Wales 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 NorthernIreland————————

Million Part time work 2002-03 to 2003-04 to 2004-05 to 2005-06 to 2006-07 to 2007-08 to 2008-09 to 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

North East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 North West and 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Merseyside Yorks and 0.1 0.1 0.2 0.2 0.2 0.2 0.2 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Eastern 0.2 0.2 0.2 0.2 0.2 0.2 0.2 London 0.3 0.3 0.3 0.3 0.3 0.4 0.4 South East 0.2 0.2 0.3 0.3 0.3 0.3 0.3 South West 0.2 0.2 0.2 0.2 0.2 0.2 0.2 Wales 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Northern Ireland 0.0 0.0 0.0 0.0 0.1 0.1 0.0

Table 4: Number of individuals working full time living in households with less than 60% of contemporary median income, by region and country, United Kingdom. After Housing Cost Million Full time work 1994-95 to 1995-96 to 1996-97 to 1997-98 to 1998-99 to 1999-2000 to 2000-01 to 2001-02 to 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04

North East 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 North West and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Merseyside 495W Written Answers18 MARCH 2013 Written Answers 496W

Table 4: Number of individuals working full time living in households with less than 60% of contemporary median income, by region and country, United Kingdom. After Housing Cost Million Full time work 1994-95 to 1995-96 to 1996-97 to 1997-98 to 1998-99 to 1999-2000 to 2000-01 to 2001-02 to 1996-97 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04

Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 NorthernIreland————————

Million Full time work 2002-03 to 2003-04 to 2004-05 to 2005-06 to 2006-07 to 2007-08 to 2008-09 to 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

North East 0.0 0.0 0.1 0.1 0.1 0.1 0.0 North West and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Merseyside Yorks and 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Humberside East Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 West Midlands 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Eastern 0.1 0.1 0.1 0.1 0.1 0.1 0.1 London 0.2 0.2 0.2 0.2 0.2 0.2 0.2 South East 0.1 0.1 0.1 0.1 0.1 0.1 0.1 South West 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Wales 0.0 0.0 0.0 0.1 0.1 0.1 0.1 Scotland 0.1 0.1 0.1 0.1 0.1 0.1 0.1 Northern Ireland 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Notes: 1. These statistics are based on Households Below Average Income (HBAI) data sourced from the 2010-11 Family Resources Survey (FRS). This uses disposable household income, adjusted using modified OECD equalisation factors for household size and composition, as an income measure as a proxy for standard of living. 2. Net disposable incomes have been used to answer the question. This includes earnings from employment and self-employment, state support, income from occupational and private pensions, investment income and other sources. Income tax payments, national insurance contributions, council tax/domestic rates and some other payments are deducted from incomes. 3. Figures have been presented on a Before Housing Cost and an After Housing Cost basis. For Before Housing Costs, housing costs are not deducted from income, while for After Housing Costs they are. 4. All estimates are based on survey data and are therefore subject to a degree of uncertainty. Small differences should be treated with caution as these will be affected by sampling error and variability in non-response. 5. The reference period for HBAI figures is the financial year, three year averages have been sued to overcome volatility. 6. Numbers of individuals in each group have been rounded to the nearest 100,000. 7. Figures may not sum due to rounding. 8. Data for Northern Ireland has only been collected since 2002-03. Source: HBAI 1994-95 to 2010-11

Remploy advised that she should request this information from Remploy’s company secretary. They can be contacted at: Mrs McGuire: To ask the Secretary of State for Work and Pensions (1) how many bids were received for the [email protected] Remploy factory in Wigan; and what rent is now being paid by the Red Rock document scanning company; Mrs McGuire: To ask the Secretary of State for Work [147384] and Pensions how many former Remploy workers are (2) how many premises have been transferred to new currently (a) in training, (b) in employment and (c) social enterprises established by former Remploy unemployed. [147385] workers; [147387] (3) how many former Remploy staff have been transferred Esther McVey: 1,049 disabled former Remploy workers to other businesses under Transfer of Undertaking are choosing to work with our personal case workers to regulations to date. [147388] find another job. 287 jobs have been found for disabled former employees since they were made redundant. Esther McVey: The information requested is not held Currently 239 people are in work, including 90 who are by the Department, and the right hon. Member is participating in the Work Choice programme. A further 497W Written Answers18 MARCH 2013 Written Answers 498W

292 disabled former Remploy workers are on Work Social Security Benefits Choice undertaking training and other activities aimed at moving them closer to employment. Andrew Griffiths: To ask the Secretary of State for Of the remaining 810 former Remploy workers, 608 Work and Pensions what the total spend on benefits for are claiming jobseeker’s allowance and 202 are claiming working-age people has been in each local authority employment support allowance. area in each year since 1997. [148226]

Mrs McGuire: To ask the Secretary of State for Work Mr Hoban: The available expenditure for working-age and Pensions how many former Remploy workers have benefits in each local authority area can be found at: received more than £10,000 to assist with the business http://research.dwp.gov.uk/asd/asd4/ planning for a new social enterprise. [147386] index.php?page=expenditure Information for earlier years could be provided only Esther McVey: Remploy employees who submitted at disproportionate cost. Even if this information could an Expression of Interest in Stage 1 were able to apply have been provided, it could not be used for comparisons for up to £10,000 worth of expert advice and support to over time due to different data sources not being consistent help them further develop their proposal. with the data above. This offer of support recognises that employees may need some additional help in formulating their initial Stephen Timms: To ask the Secretary of State for proposals and £10,000 is seen as a sufficient amount of Work and Pensions whether he plans to put in place money to support bidders in bringing in the necessary transitional arrangements in the case of a non-working expertise to further develop their proposals. family in receipt of benefits whose income is below the benefit cap, whose income is taken above the benefit To date there have been nine successful applications cap on the birth of a child. [148655] for this support with spend totalling £50,000, though not air of these have resulted in the development of Mr Hoban: We are not making any specific arrangements social enterprises. for the situation where the cap applies for the first time because benefit levels have increased as a result of the birth of a child. However we are providing additional Social Fund: Greater Manchester funds for discretionary housing payments to provide short-term relief for families affected by the benefit cap Andrew Gwynne: To ask the Secretary of State for who may face a variety of challenges. The Government Work and Pensions how many people in Denton and is providing up to £65 million for this purpose in Reddish constituency took out loans using the Social 2013-14 and a further £35 million in 2014-15. Fund in each of the last five years. [147834] Social Security Benefits: Disability Steve Webb: The following table gives the number of people receiving loans from the Social Fund in the Fiona Mactaggart: To ask the Secretary of State for Chorlton Social Fund Budget Area in each of the Work and Pensions if he will publish a table showing financial years from 2007-08 to 2011-12. This is the the proportion of claimants who have been subject to Social Fund Budget Area covering the Denton and benefit sanctions who are disabled between October Reddish constituency. The information requested is not 2011 and the latest date for which figures are available. available at constituency level. [148375] Loans made in the Chorlton Social Fund Budget Area from 2007-08 to 2011-12 Mr Hoban: Statistics showing the proportion of Number of people receiving jobseeker’s allowance claimants who have been subject Social Fund Loans to benefit sanctions who are disabled between October 2011 and October 2012 can be found at: 2007-08 131,230 http://research.dwp.gov.uk/asd/index.php?page=tabtool 2008-09 228,030 2009-10 279,930 Guidance for users is available at: 2010-11 262,330 http://research.dwp.gov.uk/asd/asd1/tabtools/guidance.pdf 2011-12 222,040 Information is not available for employment and Notes: support allowance (ESA) claimants. The sanctions regime 1. The information provided is Management Information. Our preference for people on ESA in the Work Related Activity Group is to answer all parliamentary questions using Official/National Statistics changed from the beginning of December 2012. As a but in this case we only have Management Information available. It is not quality assured to the same extent as Official/National statistics result of the changes to the regime, the Department for and there are some issues with the data, for example, it does not Work and Pensions has reviewed its methodology for include applications which were processed clerically and have not yet publishing ESA sanctions official statistics with a view been entered on to the Social Fund Computer System. to ensuring the publication remains relevant while also 2. Data on Social Fund loans is not held by parliamentary constituency seeking to maintain a consistent time series. but by Jobcentre Plus Social Fund Budget Area. The figures for the Chorlton Social Fund Budget Area cover areas other than Denton In comparing methodologies, an error was discovered and Reddish. in the current official statistics measure leading to double 3. All figures are rounded to the nearest 10. counting of some sanctions. For this reason, statisticians 4. These figures are the number of people who got at least one Crisis Loan or Budgeting Loan award from the Social Fund, not the at the DWP have decided to suspend publication of number of applications or awards. Some people receive more than ESA sanctions statistics based on the current method. one award. The DWP will publish the first set of statistics for the 499W Written Answers18 MARCH 2013 Written Answers 500W new ESA sanctions regime in May 2013 alongside a Attendance allowance recipients (cases in payment) by mental and behavioural revised historical series and a working paper explaining disorder as at August 2011 the differences between the methodologies. Number Information is not readily available for income support All mental and behavioural disorders 1,980 claimants. Learning difficulties 1,670 Behavioural disorder 300 Social Security Benefits: Mental Illness Severely mentally impaired 10

Disability living allowance recipients (cases in payment) by mental and Chris Ruane: To ask the Secretary of State for Work behavioural disorder as at February 2012 and Pensions if he will give the most recent data for the Number numbers of recipients of disability benefits on grounds of mental disorder by prevalence of mental disorder All mental and behavioural disorders 456,110 Learning difficulties 398,660 amongst them. [142469] Behavioural disorder 40,070 Esther McVey: The information requested is provided Severely mentally impaired 17,380 Notes: in the following tables: 1. Caseload figures are rounded to the nearest 10. Totals may not sum due to Incapacity benefit/severe disablement allowance recipients by mental and rounding. behavioural disorder as at February 2012 2. Figures show the number of people in receipt of an allowance, and excludes people with entitlement where the payment has been suspended, for example if Number they are in hospital. 3. A diagnosed medical condition does not mean that someone is automatically All mental and behavioural disorders 701,170 entitled to AA or DLA. Entitlement is dependent on an assessment of how Mood (affective disorders) 302,890 much help someone needs with personal care and/or mobility because of their Neurotic, stress related and somatoform disorders 146,410 disability. These statistics are only collected for administrative purposes. 4. Where more than one disability is present only the main disabling condition is Schizophrenia, schizotypal and delusional disorders 57,190 recorded. Mental and behavioural disorders due to psychoactive 56,400 5. August 2011 are the latest data available for attendance allowance (cases in substance use payment). Source: Disorders of psychological development 51,310 DWP Information, Governance and Security Directorate, 100% WPLS Mental retardation 47,230 Unspecified mental disorder 33,520 Unemployment: Young People Behaviour syndromes associated with physiological 2,930 disturbances and physical factors Stephen Timms: To ask the Secretary of State for Disorders of adult personality and behaviour 2,900 Work and Pensions how much his Department has Organic, including symptomatic, mental disorders 390 spent on marketing the wage incentive element of the Employment support allowance recipients by mental and behavioural disorder as Youth Contract to date. [148621] at February 2012 Number Mr Hoban: To date, in financial year 2012-13, the All mental and behavioural disorders 425,840 Department has spent £82,182.85 (excluding VAT) on a Mood (affective disorders) 215,510 pilot regional marketing campaign to promote all Youth Neurotic, stress related and somatoform disorders 99,490 Contract measures. The campaign encourages small Mental and behavioural disorders due to psychoactive 40,440 employers to give young people an opportunity and substance use includes information about the wage incentive. The Unspecified mental disorder 25,860 marketing campaign includes regional radio and press Disorders of psychological development 20,060 advertising, e-mail marketing and local events. Schizophrenia, schizotypal and delusional disorders 18,750 This expenditure supplements no-cost communications Behaviour syndromes associated with physiological 2,210 techniques which allowed us to extend the reach of our disturbances and physical factors message, such as social media and working with partners Disorders of adult personality and behaviour 2,150 such as the British Chambers of Commerce to disseminate Mental retardation 930 our messages. Organic, including symptomatic, mental disorders 440 Notes: The Department has spent £4,542 (excluding VAT) 1. Caseload figures are rounded to the nearest 10. Totals may not sum due to on marketing products which specifically promote the rounding. wage incentive and are distributed through Jobcentre 2. Incapacity benefit was replaced by employment support allowance (ESA) from October 2008. Plus advisers. This comprises: 3. Causes of incapacity are based on the International Classification of Diseases, a flyer for employers which highlights key messages and directs 10th Revision, published by the World Health Organisation. employers to a local contact. 4. To qualify for incapacity benefit (IB), claimants have to undertake an assessment of incapacity for work called a personal capability assessment. a self-marketing card for eligible 18 to 24-year-olds to promote Under the employment support allowance regime, new claimants have to the wage incentive to prospective employers. They will, for undergo the work capability assessment. From April 2011 incapacity benefit example, be encouraged to attach the card to a CV or leave it recipients began also to undertake this assessment. The medical condition recorded on the claim form does not itself confer entitlement to incapacity with an employer after an interview. benefit or employment support allowance. So, for example, a decision on entitlement for a customer claiming incapacity benefit on the basis of mental Universal Credit and behavioural disorders would be based on their ability to carry out the range of activities assessed by the personal/work capability assessment; or on the effects of any associated mental health problems. Mrs McGuire: To ask the Secretary of State for Work 5. Medical condition is based on evidence provided at the start of the claim, this in itself does not confer entitlement to IB/SDA or ESA and may not represent a and Pensions what work has been undertaken by his claimant’s most recent medical condition. Please also note that where someone Department to assess the implications of the introduction has more than one diagnosis or disabling condition, only the predominant one of universal credit on (a) the two current statutory is currently recorded. Source: child maintenance schemes and (b) the newly-introduced Information, Governance and Security Directorate, 100% WPLS statutory child maintenance scheme. [147811] 501W Written Answers18 MARCH 2013 Written Answers 502W

Steve Webb: There are two main implications: Work Capability Assessment (i) The first which affects all three schemes is the collection of maintenance by direct deduction from Michael Ellis: To ask the Secretary of State for Work state benefits. This will remain the case in the 2012 and Pensions what proportion of adults who have scheme and work is ongoing to align regulations, IT undertaken work capability assessments in (a) the UK systems and procedures to allow this to continue to and (b) Northamptonshire have been found to be happen under universal credit. capable of work. [147648] Once charging is introduced to the 2012 scheme, non- resident parents on benefits will be given the opportunity Mr Hoban: Information on new employment and to make scheduled direct payments themselves, and only support allowance (ESA) claims in Great Britain is those parents who are unwilling to do so will have their already published and can be found at: payments deducted direct from benefits. This is an http://statistics.dwp.gov.uk/asd/workingage/ important part of the Government approach to encouraging index.php?page=esa_wca parental responsibility. We are currently working on the Table 2a of the above report presents the outcomes of detail of deductions from universal credit. initial functional assessments completed between October 2008 and August 2012, the latest data available, and (ii) The second affects only the 2003 and 2012 schemes. table 2b presents the outcomes of repeat functional Receipt of certain benefits, that universal credit will assessments completed during the same period. replace, leads to maintenance being set at the flat rate in these schemes. We cannot simply put all universal credit For initial functional assessments completed in recipients onto the flat rate as entitlement will extend to Northamptonshire between October 2008 and August non-resident parents in work. We are currently developing 2012 (the latest data available), 53% of claimants were the details of how to distinguish those universal credit assessed as fit for work. For repeat functional assessments recipients who should pay the flat rate from those who completed in Northamptonshire during the same period, should be assessed on their income. 27% of claimants were assessed as fit for work. Child maintenance payments are currently disregarded Information on the reassessment of incapacity benefits when calculating benefit entitlements, and the Government claimants for ESA at a national and local authority has no plans to change this. level is already published and can be found at: http://statistics.dwp.gov.uk/asd/workingage/index.php?page Stephen Timms: To ask the Secretary of State for =esa_ibr Work and Pensions (1) what his most recent estimate is Table 1 of the above report presents monthly and of the number of people who will be in receipt of quarterly breakdowns of outcomes in Great Britain, universal credit on (a) 1 January 2014, (b) 1 July 2014, adjusted to account for the outcome of appeals that (c) 1 January 2015 and (d) 1 July 2015; [148215] have been heard. Table 2 of the above report gives a (2) whether he expects to commence new claims for breakdown by local authority for all incapacity benefits (a) jobseekers’ allowance and (b) working tax credit in claimants that were referred for reassessment before the (i) 2014, (ii) 2015, (iii) 2016 and (iv) 2017; [148218] end of May 2012 (the latest data available). Please note that date of referral is used in the above report, whereas (3) whether he has a planned timescale for the result date is used for initial and repeat WCAs for new introduction of universal credit; and from what date all ESA claims. new claims for benefits will be handled as universal credit applications from (a) applicants who are in work Work Programme and (b) applicants who are out of work. [148219] Diana Johnson: To ask the Secretary of State for Mr Hoban: Claims to universal credit start in our Work and Pensions what assessment he has made of Pathfinder from 29 April 2013. Pathfinder will focus on the report from the Gingerbread charity into the Work new single, unemployed people, with or without rented programme and single parents; and if he will change housing costs and will replace means tested jobseeker’s the operation of the Work programme in response to allowance for this group of claimants. If these claimants the findings of this report. [148628] then move into work, they will be eligible to claim Mr Hoban: The Gingerbread charity report made universal credit, not working tax credit. broad statements on the basis of a survey which interviewed Universal credit will then progressively roll-out in a only nine people who took part in the Work programme managed way across the country from October 2013. which is not a statistically significant sample size upon This will ultimately include all claims from people both which to make such statements and therefore no firm in and out of work, with everyone eventually claiming conclusions can be drawn. the new benefit by 2017. We will continue to monitor how effective the Work programme is at supporting lone parents into employment Stephen Timms: To ask the Secretary of State for and will consider the findings in due course. Work and Pensions how many project assessment reviews have been conducted for the universal credit programme to date; and if he will place a copy of the most recent such review in the Library. [148216] BUSINESS, INNOVATION AND SKILLS Automation Mr Hoban: An integrated assurance and approvals plan (IAAP) is in place for universal credit. The IAAP Chris Ruane: To ask the Secretary of State for determines the frequency of programme assessment Business, Innovation and Skills what assessment he has reviews. Assurance reports are not routinely published. made of the effects of automation on employment The next review point is planned for mid May. levels in the economy in the last 20 years. [148180] 503W Written Answers18 MARCH 2013 Written Answers 504W

Jo Swinson: The UK labour market is open and Business flexible with vacancies being created all the time. As certain sectors in the economy have evolved to make greater use of technology, the labour market has responded by diverting labour away from traditional sectors of the Chris Ruane: To ask the Secretary of State for economy, such as manufacturing, into other areas such Business, Innovation and Skills what the business as services. This has allowed the growth and development activity index rates were for (a) the UK and (b) Wales of new economic sectors and an overall increase in both in each of the last eight quarters. [148505] the productivity of the economy and employment. Employment, despite the difficult economic situation, is at its highest ever level. Michael Fallon: Available private sector business output In order to benefit from technology and not damage quarterly growth rates are given in the table for the UK employment we need to develop a market framework and Wales for each of the last eight quarters. that enables opportunities to create growth and employment to be maximised.

Real quarterly growth rate Percentage Production Construction Market services UK Wales UK Wales UK Wales

2010 Q4 0.1 0.3 -2.1 -4.5 -0.4 0.2 2011 Q1 -0.1 1.9 0.1 3.9 0.7 0.9 2011 Q2 -1.2 -3.3 1.3 1.2 0.3 1.9 2011 Q3 -0.2 0.0 -0.1 1.5 1.0 1.7 2011 Q4 -1.3 -3.7 0.2 -9.6 -0.4 -1.2 2012 Q1 -0.3 3.8 -6.4 -9.8 0.3 2.7 2012 Q2 -0.9 2.7 -2.8 2.8 -0.3 -0.5 2012 Q3 0.7 2.1 -2.6 8.9 1.5 0.2 Source: Welsh government output indicators produced by ONS

Business: North East Community Development Finance Institutions

Mr Thomas: To ask the Secretary of State for Tom Blenkinsop: To ask the Secretary of State for Business, Innovation and Skills what funding he has Business, Innovation and Skills what estimate he has allocated to increase the level of lending to small and made of the number of companies with their registered medium-sized enterprises by community development office address in the north east which were (a) newly finance institutions; and if he will make a statement. incorporated and (b) dissolved in each year since 2001. [148411] [148623] Michael Fallon: The Government is supporting the Michael Fallon: Companies House estimates that the community development finance institutions (CDFI) numbers of companies with their registered office address sector though the Regional Growth Fund. Among other in the north-east which were (a) newly incorporated bids, it is making a contribution of £30 million to and (b) dissolved in each year since 2001 were as facilitate £60 million of onward lending by CDFIs into follows. small and medium-sized enterprises. In addition, changes to the Community Investment Incorporated Dissolved Tax Relief (CITR) scheme are due to come into effect from 1 April 2013. These changes will streamline the 2001 4,089 2,906 reporting and accreditation requirements for CDFIs, 2002 5,884 2,974 making it easier to use the scheme to raise further 2003 7,861 2,945 investment into the sector. Currently the scheme has 2004 6,215 3,420 raised £94.5 million of investment, enabling £95.3 million 2005 6,491 3,139 onward lending to small and medium-sized enterprises. 2006 7,210 3,456 2007 9,250 4,303 Construction: ICT 2008 7,855 3,599 2009 8,549 8,889 Paul Flynn: To ask the Secretary of State for 2010 8,935 7,022 Business, Innovation and Skills what assessment he has 2011 10,394 6,574 made of opportunities for the export of Building 2012 10,705 6,574 Information Management software. [147904] 2013 (To 14 March) 2,450 1,937 Michael Fallon: In November 2012, the Government These figures are estimates because the Companies published the ‘Building Information Modelling—Industrial House derives its figures from postcode areas, which Strategy’ which outlines a number of growth opportunities can cross regional boundaries. generated from the success of the Government’s programme 505W Written Answers18 MARCH 2013 Written Answers 506W to embed the use of Building Information Management Mr Willetts: The Department for Business, Innovation (BIM) in all centrally procured public construction and Skills has recently received the analysis of the projects by 2016. The strategy underlines the need to Higher Education Careers Service Unit (HECSU) put in place a clear approach to exploiting the UK’s Futuretrack data referred to in the question, and is expertise on BIM to develop our international construction examining the findings. Our initial assessment is that competitiveness. The strategy identifies ICT technology while it does indeed suggest that there is a pay gap development and service provision as BIM-related between recent male and female graduates, the reasons opportunities for UK industry. BIS officials are working behind this will be complex, and are not all explored closely with the BIM Task Group and the BIM Technology fully in the HECSU analysis. For example, males and Alliance to on how best to assist with new market females tend to enter certain occupations and sectors in opportunities; in liaison with UKTI—which sees BIM different proportions to each other and this can influence as a central part of the UK sustainable construction the level of earnings. Also, the subject breakdown used offer. in the analysis is at quite a broad level; exploring pay differences by subjects/courses studied at a more detailed Employment: Qualifications level may help to explain the observed differences.

Andrew Griffiths: To ask the Secretary of State for Job Creation: Northamptonshire Business, Innovation and Skills what estimate he has made of the number of working age adults who have Andy Sawford: To ask the Secretary of State for no qualifications. [148228] Business, Innovation and Skills what recent discussions Ministers or officials of his Department have had with Matthew Hancock: In Quarter 41 2010 2.4 million Northamptonshire county council on job creation in working age adults2 (8.1%) in England held no Corby constituency and East Northamptonshire. qualifications. This estimate is derived with a methodology [148291] using a combination of Labour Force Survey data and administrative datasets. Michael Fallon: Officials have regular discussions 1 Quarter 4 covers the period October to December with Northamptonshire Enterprise Partnership, 2 People aged 19 to 64 for men and 59 for women Northamptonshire’s economic development company about issues in the area. The county council is a member Film: Festivals and Special Occasions and funder of the partnership.

Mark Hendrick: To ask the Secretary of State for Leave Business, Innovation and Skills how much UK Trade and Industry has budgeted to fund film makers and Priti Patel: To ask the Secretary of State for businessmen to visit the Cannes Film Festival in 2013. Business, Innovation and Skills how many officials in [148244] (a) his Department and (b) each of its agencies and non-departmental public bodies qualify for privilege Michael Fallon: Although UK Trade and Investment days; and what the total cost to the public purse was of (UKTI) is not supporting a national group of companies, the number of privilege days utilised each year by such some UKTI regional teams are planning to take small officials. [147730] groups of businesses to the festival. Participating SMEs may be eligible for a financial grant of £200 through the Jo Swinson: BIS has 3,036 employees (full-time equivalent Market Visit Support (MVS) facility. MVS support as at 31 January 2013). may also be available for individual SMEs visiting the festival on an independent basis. All BIS employees are currently entitled to two and a half privilege days in addition to bank holidays and MVS is a trade development facility aimed at SMEs annual leave. The two and a half day entitlement is who are new to export or new to a particular market. prorated for part-time employees. The facility provides advice and financial assistance to companies visiting an overseas market either as part of Privilege days are part of an individual’s terms and an organised group, or independently. conditions in the same way as annual leave. We do not Companies new to exporting and signed up to UKTI’s employ additional people on those days and therefore Passport to Export training and development programme there is no additional payroll cost. can get up to £3,000 to support their international As part of Civil Service Reform BIS is looking at programme. They can use some of this to help with changing some terms and conditions, including privilege their visit to a trade fair such as the Cannes Film leave. Festival. Information regarding the Department’s non- departmental public bodies is not held centrally and Graduates: Equal Pay could be provided only at disproportionate cost. I have approached the chief executives of the Andrew Rosindell: To ask the Secretary of State for Department’s Executive Agencies (Insolvency Service, Business, Innovation and Skills with reference to the Companies House, National Measurement Office, recent work of the Higher Education Careers Service Intellectual Property Office, UK Space Agency, Ordnance Unit, what assessment his Department has made of the Survey, Met Office, Land Registry and the Skills Funding reasons behind an apparent pay gap between male and Agency) and they will respond to my hon. Friend female graduates. [148398] directly. 507W Written Answers18 MARCH 2013 Written Answers 508W

Letter from Peter Mason, dated 15 March 2013: Letter from Dr Vanessa Lawrence CB, dated 13 March I am responding in respect of the National Measurement 2013: Office (NMO) to your Parliamentary Question tabled on 11 March As Director General and Chief Executive of Ordnance Survey, 2013, asking the Secretary of State, Department for Business, I have been asked to reply to you in response to your Parliamentary Innovation and Skills about the number of officials who qualify Question asking the Secretary of State for Business, Innovation for privilege days; and the total cost to the public purse of the and Skills “how many officials in (a) his Department and (b) each number of privilege days utilised each year by such officials. of its agencies and non-departmental public bodies qualify for For the financial year 2010/11 the NMO employed an average privilege days; and what the total cost to the public purse was of of 68 FTE members of staff, all of whom were entitled to the number of privilege days utilised each year by such officials?” 2.5 privilege days a year, of which 1 is the Queen’s birthday. The total cost of the privilege days was £22,407, of which £8,962.81 All Ordnance Survey’s permanent staff qualify for privilege would be for the Queen’s birthday. days, which are taken between Christmas and New Year when Ordnance Survey’s offices are closed. Last year 1105 staff qualified For the financial year 2011/12 the NMO employed an average and the value of days taken is estimated at £675,000. of 66 FTE members of staff, all of whom were entitled to 2.5 privilege days a year, of which 1 is the Queen’s birthday. The I hope this information is of use. total cost of the privilege days was £21,834, of which £8,734 Letter from Dr Richard Judge, dated 15 March 2013: would be for the Queen’s birthday. For the current financial year 2012/13 the forecast is that The Secretary of State for Business, Innovation and Skills has NMO will have employed an average of 63 FTE members of staff, asked me to reply to your question asking how many officials in all of whom were entitled to 2.5 privilege days a year, of which 1 is (a) his Department and (b) each of its agencies and non-departmental the Queen’s birthday. The total cost of the privilege days is public bodies qualify for privilege days; and what the total cost to expected to be £21,959, of which £8,785 would be for the Queen’s the public purse was of the number of privilege days utilised each birthday. year by such officials. Note: For the 2010 calendar year, 2,826 staff in The Insolvency Service qualified for privilege days. It is estimated that the total This has been worked out based on the annual staff costs divided cost of the number of privilege days utilised by officials during by the average number of staff, with costs attributable to 365 days the year, excluding the Queen’s birthday, was £355,948. The a year. Costs include employer National Insurance and Pension Queen’s birthday privilege day is estimated to have cost £237,299. costs. Letter from Ann Lewis, dated 7 March 2013: For the 2011 calendar year, 2,668 staff qualified for privilege days at an estimated cost, excluding the Queen’s birthday, of I am replying on behalf of Companies House to your Parliamentary £307,673. The Queen’s birthday privilege day is estimated to have Question tabled 11 March 2013, to the Secretary of State for cost £205,115. Business, Innovation and Skills, UIN 147730. For the 2012 calendar year, 2,167 staff qualified for privilege The number of full time equivalent officials in Companies days at an estimated cost, excluding the Queen’s birthday, of House who qualify for privilege days is 852. As Companies House £281,591. The Queen’s birthday privilege day is estimated to have is a Trading Fund all of its costs, including the total cost of cost £187,727. privilege days, are met through the fees charged for its services. Therefore, there is no cost to the public purse. Privilege days are in addition to staff holiday entitlements. Letter from John Hirst, dated 13 March 2013: Letter from Malcolm Dawson, dated 13 March 2013: I am replying on behalf of the Met Office to your Parliamentary I write on behalf of Land Registry in response to Parliamentary Question tabled on 11 March 2013, UIN 147730 to the Secretary Question 147730 tabled on 11 March 2013 which asked the of State for Business, Innovation and Skills. following: All Met Office staff qualify for privilege days as part of their To ask the Secretary of State for Business, Innovation and terms and conditions of service. Full-time staff qualify for privilege Skills, how many officials in (a) his Department and (b) each of days totalling 2.5 days per year, to be taken on specified days its agencies and non-departmental public bodies qualify for privilege during the year. For part-time workers, privilege days are calculated days; and what the total cost to the public purse was of the as a proportion of their weekly hours worked. number of privilege days utilised each year by such officials. The cost of privilege days to which Met Office staff were Land Registry no longer has separate leave designated as entitled was in the order of £478k in 2010-11 and £469k in privilege days; they have been incorporated into employees’ overall 2011-12, based on the total cost of remuneration during these annual leave allowance. periods. I hope this helps. I hope you find this information useful. Letter from John Alty, dated 13 March 2013: Letter from David Parker, dated 13 March 2013: I am responding in respect of the Intellectual Property Office Thank you for your question addressed to the Secretary of to your Parliamentary Question tabled 11th March 2013, to the State for the Department of Business, Innovation and Skills Secretary of State, Department for Business, Innovation and asking how many officials in (a) his Department and (b) each of Skills. its agencies and non-departmental public bodies qualify for privilege days; and what the total cost to the public purse was of the The Intellectual Property Office is an Executive Agency of number of privilege days utilised each year by such officials. BIS. All permanent staff qualify for privilege days and these figures The UK Space Agency became an Executive Agency of the are based on an assumption that all staff took all of them during Department of Business, Innovation and Skills on the 1st April 2011. the 5 year period, so are maximum values. As a trading fund, the In 2011-12, there were 31 members of staff employed during IPO receives all its income from customers of the IP system. the year who would have been entitled to Privilege Days (depending 2008—(a) 1002 (b) £397,606 on their start date). The total cost to the Agency was £15,079 (72 days were utilised). 2009—(a) 962 (b) £395,053 2010—(a) 906 (b) £356,111 In 2012-13, there were 46 members of staff employed during the year who would have been entitled to Privilege Days (depending 2011—(a) 895 (b) 397,609 on their start and/or leave date). The total cost to the Agency was 2012—(a) 907 (b) 411,189 £20,151 (95 days were utilised). 509W Written Answers18 MARCH 2013 Written Answers 510W

Letter from Kim Thorneywork, dated 18 March 2013: opportunities across Asia. During the current campaign Thank you for your question to the Secretary of State for more than 1,000 businesses have taken part in 15 events. Business, Innovation and Skills on how many officials in (a) his Indonesia is a key component of this work. Department and (b) each of its Agencies qualify for privilege To enhance our engagement, the Prime Minister days; and the total cost to the public purse of those days. announced in November 2012 the appointment of my I have been asked to reply as the Chief Executive of Skills hon. Friend the Member for Gloucester (Richard Graham) Funding. as his Trade Envoy for Indonesia to be active both in The Skills Funding Agency does not operate privilege days; Indonesia and in raising the profile of Indonesia in the therefore there are no numbers or costs involved. UK. The Member for Gloucester made a first visit to the market in this capacity in January of this year. Medicine: Research During the Prime Minister’s visit to Indonesia in April 2012, both countries announced a shared ambition Bob Blackman: To ask the Secretary of State for to double bilateral trade from £2.2 billion in 2010 to Business, Innovation and Skills how much was invested £4.4 billion by 2015 and at the second round of bilateral by (a) his Department, (b) the Medical Research trade talks in October 2012 Lord Green agreed with his Council and (c) the National Institute for Health Indonesian ministerial counterpart to form a ″Trade Research in each of the last three years on research into and Investment 2030 Vision Group″ to report to Ministers (i) lung disease and (ii) cardiovascular disease. [147636] of both Governments on what we want our trade and investment relationship to be in 2030 and the action Mr Willetts: The Department for Business, Innovation required to get there. and Skills (BIS), through programmes under the Technology Strategy Board, has provided the following funding on In February of this year the UK ASEAN Business lung and cardiovascular disease in the last three years: Council hosted a round table discussion for UK businesses with Dr Chatib Bash, the Chairman of the Indonesia £ Investment Coordinating Board. Lung Cardiovascular Overseas Trade: Middle East 2010/11 0 0 2011/12 486,000 486,000 Duncan Hames: To ask the Secretary of State for 2012/13 9.9 million 494,000 Business, Innovation and Skills what the total value was The Medical Research Council’s expenditure on of goods and services traded between the UK Government respiratory and cardiovascular disease from 2009/10 to and (a) Israel and (b) the Occupied Palestinian Territories 2011/12 (latest figures available), is as follows: in each of the last three years. [148732]

£ million Michael Fallon: Data on UK trade with Israel and Respiratory Cardiovascular the Occupied Palestinian Territories are given in Tables 1 and 2 as follows: 2009/101 39.3 37.7 Table 1: Value of goods traded 2010/112 32.5 n/a £ million 2011/122 33.0 n/a 2012 2011 2010 1 Actual expenditure 2 Forecasted expenditure Israel 3,820 3,753 2,806 It has not been possible for the MRC to provide Occupied 642 recent figures for cardiovascular disease in the time Palestinian frame given. The cardiovascular portfolio is scheduled Territories for update later in the year. Source: HMRC Overseas Trade Statistics The National Institute for Health Research figures Table 2: Value of services traded on respiratory and cardiovascular disease are as follows: £ million 2012 2011 2010 £ million Respiratory Cardiovascular Israel n/a 1,469 1,159 Occupied n/a n/a n/a 2009/10 15.7 31.6 Palestinian 2010/11 18.2 31.0 Territories 2011/12 20.2 34.1 n/a = Data are not available. Note: Overseas Trade: Indonesia HMRC and ONS data are on a different basis, hence not directly comparable. Source: Andrew Rosindell: To ask the Secretary of State for ONS Pink Book 2012 Business, Innovation and Skills what steps he is taking to promote trade with Indonesia. [148234] Pay

Michael Fallon: UK Trade and Investment has a 10 Priti Patel: To ask the Secretary of State for Business, person team in Jakarta to support British exporters. Innovation and Skills how much was paid to officials in UK Trade and Investment Asia Task Force team runs events (a) his Department and (b) its non-departmental public across the UK with the aim of encouraging more UK bodies in bonuses and other payments in addition to businesses to consider and take advantage of the salary in each of the last five years; how many officials 511W Written Answers18 MARCH 2013 Written Answers 512W received such payments; and what the monetary value Details of the monetary value of allowances before was of the 20 largest payments made in each year. 2010-11 would involve checking various data sources [148018] and would entail disproportionate costs, as would obtaining the information for BIS’s non-departmental public bodies. Jo Swinson: The Department for Business, Innovation and Skills (BIS) was formed through a machinery of Financial year Allowances (£) government change that occurred in June 2009. BIS was 2010-11 2,941,096 created by merging the Department for Business Enterprise 2011-12 2,807,707 and Regulatory Reform (BERR) and the Department for Innovation, Universities and Skills (DIUS). The allowance figures in the table include pay Based on information available, the following table enhancements that recognise staff with specialist skills provides details for both the former Departments that such as lawyers, economists, accountants etc. were merged to create BIS. To provide details of other BIS also operates the following working pattern additional payments and allowances before 2010-11, allowances: overtime, travelling time, meal allowance, and the 20 largest payments, would involve checking night duty allowance and night duty officer’s allowance, various data sources and would entail disproportionate off shore allowance, on call allowance, standby allowance, costs, as would obtaining the information for BIS’ weekend duty senior press officers allowance, overseas non-departmental public bodies. allowances and emergency preparedness volunteers. Profit Sharing £ Financial Performance related year payments (including SCS) Allowances Mr Lammy: To ask the Secretary of State for Business, Innovation and Skills what support his Department 2009-10 2,734,780 — provides to businesses that want to increase share ownership 2010-11 1,540,957 2,941,096 amongst their employees. [148542] 2011-12 1,614,939 2,807,707 Jo Swinson: The Government is fully committed to The allowance figures in the above table include pay implementing the Nuttall Review on Employee Ownership enhancements that recognise staff with specialist skills published in July 2012. BIS officials are making good such as lawyers, economists, accountants etc. progress towards removing red-tape restricting internal BIS also operates the following working pattern share markets and are in the process of developing legal allowances: overtime, travelling time, meal allowance, templates and guidance to assist businesses wanting to night duty allowance and night duty officer’s allowance, increase employee share ownership. Alongside this, we off shore allowance, on call allowance, standby allowance, are also undertaking a number of other measures to weekend duty senior press officers allowance, overseas promote a greater uptake of employee ownership in the allowances and emergency preparedness volunteers. economy. Recruitment Priti Patel: To ask the Secretary of State for Business, Innovation and Skills what allowances and Priti Patel: To ask the Secretary of State for Business, subsidies in addition to salary were available to officials Innovation and Skills how many officials were recruited in (a) his Department and (b) its non-departmental to (a) his Department and (b) each of its non-departmental public bodies in each of the last five years; and what public bodies in each of the last five years. [147961] the monetary value was of such payments and allowances in each such year. [148037] Jo Swinson: In June 2009 the Department for Business Enterprise and Regulatory Reform (BERR) was merged Jo Swinson: The Department for Business, Innovation with the Department for Innovation, Universities and and Skills (BIS) was formed through a machinery of Skills (DIUS) to create the Department for Business, government change that occurred in June 2009. The Innovation and Skills (BIS). Therefore we only have Department was created by merging the Department access to data from this date. for Business Enterprise and Regulatory Reform (BERR) The following table show all new recruits to BIS and the Department for Innovation, Universities and (including UK Trade and Investment) broken down by Skills (DIUS). year:

Permanent transfer from other Government Fixed term/temporary/loan to New recruits Number of people Department cover specific skills gaps (permanent) recruited

June 2009 to March 2010 54 164 138 356

April 2010 to March 2011 129 145 44 318

April 2011 to March 2012 148 142 101 391

April 2012 to March 2013 161 171 123 455 513W Written Answers18 MARCH 2013 Written Answers 514W

Information regarding the Department’s non- Sick Leave departmental public bodies is not held centrally and could be provided only at disproportionate cost. Priti Patel: To ask the Secretary of State for Business, Innovation and Skills how many days (a) his Department Regional Growth Fund and (b) each of its non-departmental public bodies has lost to staff sickness in each of the last five years; and what estimate he has made of the cost of such absences Mr George Howarth: To ask the Secretary of State in each year. [147980] for Business, Innovation and Skills what assistance has been provided to Eli Lily under the Regional Growth Fund; and for what purpose such assistance has been Jo Swinson: In June 2009 the Department for Business granted. [147921] Enterprise and Regulatory Reform (BERR) was merged with the Department for Innovation, Universities and Michael Fallon: Eli Lilly is one of the selected bidders Skills (DIUS) to create the Department for Business, in round 3 of the Regional Growth Fund that was Innovation and Skills (BIS). Therefore we have access announced in October 2012. These bids are still going to data only from this date. through the contracting phase so no final award has yet The following table shows average working days lost been agreed. The deadline for completion of this phase through sickness or BIS core (including UKTI). is 19 April 2013 and a further announcement will follow Years overlap due to the way in which data is collected then. on a 12 month rolling period.

Average working days lost Research July 2009 to June 2010 3.8 January 2010 to December 2010 3.3 Chris Ruane: To ask the Secretary of State for Business, Innovation and Skills how much the public sector has April 2010 to March 2011 3.5 spent on research and development in each year for July 2010 to June 2011 3 which figures are available; and what information his October 2010 to September 2011 3.1 Department holds on research and development spending January 2011 to December 2011 4.6 by the private sector in such years. [148496] April 2011 to March 2012 4.8 July 2011 to June 2012 5.0 Mr Willetts: Office for National Statistics publishes October 2011 to September 2012 5.0 gross domestic expenditure on research and development January 2012 to December 2012 5.4 (GERD) in the United Kingdom. The latest available figures broken down by public and private spending on It is not possible to estimate a cost of such absence as R&D are shown as follows: this would result in disproportionate costs. Expenditure on research and development in the UK All BIS core (including UKTI) and agencies sickness £ million absence information is published on a quarterly basis Public sector Private sector Total and can be found on the BIS website.

2000 5,931 11,806 17,736 The increase in recorded absence since 2011 was 2001 5,983 12,564 18,547 expected, as BIS has implemented more robust reporting 2002 6,384 12,858 19,243 arrangements. 2003 6,853 12,874 19,727 Information regarding the Department’s non- 2004 7,174 13,068 20,242 departmental public bodies is not held centrally and 2005 7,869 14,236 22,106 could be provided only at disproportionate cost. 2006 8,335 14,657 22,993 2007 8,473 16,222 24,696 Priti Patel: To ask the Secretary of State for 2008 8,934 16,409 25,345 Business, Innovation and Skills how many officials in 2009 9,434 16,198 25,632 (a) his Department and (b) each of its non- 2010 9,474 16,705 26,179 departmental public bodies have had (i) fewer than five 2011 9,475 17,904 27,380 days, (ii) five to 10 days, (iii) 10 to 15 days, (iv) 15 to 20 Source: days, (v) 20 to 25 days, (vi) 25 to 50 days, (vii) 50 to 75 UK Gross Domestic Expenditure on R&D, ONS days, (viii) 75 to 100 days, (ix) 100 to 150 days, (x) 150 GERD statistics measure all R&D performed in UK, to 200 days, (xi) more than 200 days, (xii) more than irrespective of who pays for it, including funding from three months, (xiii) more than six months and (xiv) abroad. However, it excludes R&D performed abroad more than one year on paid sick leave (A) consecutively even if it is funded from the UK. The public sector and (B) in total in each of the last five years. [147999] definition used comprises of UK Government Departments, research councils and higher education institutions. Jo Swinson: The Department does not hold this A longer time series setting out this information back information centrally and it could be obtained only at a to 1993 is available from the ONS publication entitled: disproportionate cost. UK Gross Domestic Expenditure on R&D statistics—see: Information regarding the Department’s non- http://www.ons.gov.uk/ons/rel/rdit1/gross-domestic- departmental public bodies is also not held centrally expenditure-on-research-and-development/2011/index.html and could be provided only at disproportionate cost. 515W Written Answers18 MARCH 2013 Written Answers 516W

Sugar I hope this helps. Letter from John Alty, dated 13 March 2013: Keith Vaz: To ask the Secretary of State for Business, I am responding in respect of the Intellectual Property Office Innovation and Skills how much sugar of each type to your Parliamentary Question tabled 11th March 2013, to the was imported to the UK in each year since 1990. Secretary of State, Department for Business, Innovation and [148519] Skills. The Intellectual Property Office has the following 08 prefix public telephone numbers: Michael Fallon: Data is published by Eurostat on their statistics database: Telephone number Quantity http://epp.eurostat.ec.europa.eu/portal/page/portal/statistics/ 0800 0 search_database 0808 0 Data is also published by the HMRC on their 0844 0 0845 1 www.uktradeinfo.com website for the years 1996 onwards. Background: 0845 was replaced with a new 0300 phone number in June Telephone Services 2010. The 0845 number sits in the background and is not advertised to customers. Around 10% of customers continue to contact us Richard Burden: To ask the Secretary of State for on this number. Business, Innovation and Skills how many (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) 0870 telephone Letter from Dr Vanessa Lawrence CB, dated 13 March numbers for the public are in use by (i) his Department 2013: and (ii) the agencies for which he is responsible. [147812] As Director General and Chief Executive of Ordnance Survey, I have been asked to reply to you in response to your Parliamentary Jo Swinson: Central records show that the numbers in Question asking the Secretary of State for Business, Innovation use by the Department are: and Skills “how many (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) 0870 telephone numbers for the public are in use by (i) his 0845 015 0010 BIS Publications Order line; Department and (ii) the agencies for which he is responsible?” 0845 015 0020 BIS Publications Order line (Fax); Ordnance Survey has nine 0845 numbers which are available 0845 015 0030 BIS Publications Order line (Minicom); for the public to use. Two of these are the main English and Welsh 0845 600 9006 Business Link Helpline; and customer service numbers. The remaining seven numbers are used 0800 917 9867 Pay and Work Rights Helpline by customers who require more specialised information, such as the OS OpenData helpline. 0800 917 2368 Pay and Work Rights Helpline. Ordnance Survey does not have any 0800, 0808, 0844 or 0870 I have approached the chief executives of the numbers that are available for the public to use. Department’s executive agencies (Insolvency Service, I hope this information is of use. Companies House, National Measurement Office, Intellectual Property Office, UK Space Agency, Ordnance Letter from Dr Richard Judge, dated 18 March 2013: Survey, Met Office, Land Registry and the Skills Funding The Secretary of State for Business Innovation and Skills has Agency) and they will respond to the hon. Member asked me to reply to your question, how many (a) 0800 (b) 0808 directly. (c) 0844 (d) 0845 (e) 0870 telephone numbers for the public are in use by (i) his Department and (ii) the agencies for which he is Letter from Peter Mason, dated 12 March 2013: responsible. I am responding in respect of the National Measurement As at 14 March 2013 The Insolvency Service had the following Office (NMO) to your Parliamentary Question tabled on 11 numbers in use: March 2013, asking the Secretary of State, Department for Business, Innovation and Skills about the number of 0800, 0808, (a) 0800—None; 0844, 0845 and 0870 telephone numbers for the public in use by (b) 0808—None; NMO. (c) 0844—None; NMO do not offer 0800, 0808, 0844, 0845 and 0870 telephone numbers to the public. (d) 0845—The Insolvency Service currently operates the following 0845 numbers: Letter from Ann Lewis, dated 12 March 2013: 1. Insolvency hotline—0845 601 3546 I am replying on behalf of Companies House to your Parliamentary Question tabled 11 March 2013, to the Secretary of State for 2. Enquiry line—0845 602 9848 Business, Innovation and Skills, UIN 147812. (e) 0870—-None. Companies House uses the 0845 telephone number for one of Letter from Malcolm Dawson, dated 13 March 2013: its services. I write on behalf of Land Registry in response to Parliamentary Letter from John Hirst, dated 13 March 2013: Question 147812 tabled on 11 March 2013 which asked the I am replying on behalf of the Met Office to your Parliamentary following: Question tabled on 11 March 2013, UIN 147812 to the Secretary To ask the Secretary of State for Business, Innovation and of State for Business, Innovation and Skills. Skills, how many (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) The public can access the Met Office Weather Desk with 0870 telephone numbers for the public are in use by (i) his weather related enquiries, any time of the day or night, by Department and (ii) the agencies for which he is responsible. telephone, fax, email, and social media. To contact the Weather Land Registry uses fifteen 0800 telephone numbers and eleven Desk by telephone or fax, the public can choose to use either a 0844 telephone numbers for the public. geographic number or a 0870 number. No revenue is generated by the Met Office through the use of these 0870 numbers. Land Registry does not use any 0808, 0845 or 0870 telephone No other 0800, 0808, 0844, 0845, or 0870 telephone numbers numbers for the public. for the public are in use by the Met Office. I hope you find this information useful. 517W Written Answers18 MARCH 2013 Written Answers 518W

Letter from David Parker, dated 18 March 2013: Jo Swinson: Central records show that the Department Thank you for your question addressed to the Secretary of does not utilise any 0870 numbers. State for the Department of Business, Innovation and Skills asking how many (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) 0870 telephone numbers for the public are in use by (i) his Termination of Employment Department and (ii) the agencies for which he is responsible. The UK Space Agency does not have any (a) 0800, (b) 0808, (c) 0844, (d) 0845 and (e) 0870 telephone numbers in use for the Priti Patel: To ask the Secretary of State for Business, public. Innovation and Skills how many officials in (a) his Letter from Kim Thorneywork, dated 14 March 2013: Department and (b) each of its non-departmental public Thank you for your question to the Secretary of State for bodies have left that body due to (i) resignation, (ii) Business, Innovation and Skills on how many (a) 0800, (b) 0808, retirement, (iii) redundancy, (iv) transferral to another (c) 0844, (d) 0845 and (e) 0870 telephone numbers for the public public sector post and (v) another reason in each of the are in use by (i) his Department and (ii) the agencies for which he last five years. [147942] is responsible. I have been asked to reply as the Chief Executive of Skills Funding. Jo Swinson: In June 2009 the Department for Business Enterprise and Regulatory Reform (BERR) was merged The Skills Funding Agency uses two 0845 numbers and two 0870 numbers. with the Department for Innovation, Universities and Skills (DIUS) to create the Department for Business, Fabian Hamilton: To ask the Secretary of State for Innovation and Skills (BIS). Therefore, we only have Business, Innovation and Skills whether his Department’s access to data from this date. customer service telephone lines are restricted to those The following table shows the number of leavers by beginning 0870. [149017] leave reason:

Redundancy or Transfer to voluntary early another public Resignation Retirement retirement sector post2 Other Total

June 2009 to March 2010 67 47 25 81 85 305 April 2010 to March 2011 111 52 335 110 130 738 April 2011 to March 2012 64 27 242 123 85 541 April 2012 to March 20131 63 33 12 133 99 340 1 Data up to 11 March 2013. 2 Data include all those who have gone to another Government Department or another public sector body.

Information regarding the Department’s non- government, or visitors of equivalent seniority, have departmental public bodies is not held centrally and visited the UK since. This month, the All Party could be provided only at disproportionate cost. Parliamentary Group on Trade and Investment visited Singapore and Indonesia, accompanied by a UK business Trade Competitiveness delegation drawn from the education, creative and infrastructure sectors. Andrew Rosindell: To ask the Secretary of State for UK Trade and Investment (UKTI) is supporting Business, Innovation and Skills what assessment he has business in the region with a presence in nine ASEAN made of the UK’s business competitiveness. [148528] markets, having recently opened offices in Burma and Cambodia. We have reinforced our diplomatic presence Michael Fallon: I refer my hon. Friend to the answer I in ASEAN markets, opening a new embassy in Laos in gave to my hon. Friend the Member for Bournemouth 2012 and creating 42 new prosperity posts as part of the East (Mr Ellwood) on 7 March 2013, Official Report, Foreign and Commonwealth Office focus on emerging columns 1178-79W. powers. The British embassies and high commissions in Trade Promotion the region are working actively to position British companies to win business from high value opportunities in the region and to open markets and reduce barriers to Mark Pritchard: To ask the Secretary of State for trade. This includes support for EU negotiations on free Business, Innovation and Skills what steps his Department trade agreements with ASEAN countries, in particular is taking to promote UK trade in the ASEAN region. with Singapore, Thailand, Malaysia and Vietnam. [147754] The UK-ASEAN Business Council, launched in Michael Fallon: There are significant opportunities November 2011, provides UK business interested, or for UK business in the ASEAN region. Already UK already active, in the region with greater insights into goods exports to ASEAN are significantly higher than ASEAN’s high growth and emerging markets. UKABC those to either India or Japan, and UK services exports works with the UKTI network to promote business to ASEAN, the bulk of which go to Singapore, exceed opportunities in ASEAN to UK companies, as well as those to either China (including Hong Kong) or Japan. providing them with practical market intelligence. This importance has been reflected in increased UKTI has been working in partnership with the ministerial engagement over the past two years, with UK-ASEAN Business Council and the British Chambers more visits than in the previous 20. The Prime Minister of Commerce in Indonesia, Singapore and Thailand to visited the region in 2012 and four ASEAN heads of provide on-the-ground support for small and medium-sized 519W Written Answers18 MARCH 2013 Written Answers 520W enterprises (SMEs) to tackle the uncertainty of doing 5. Trade Envoys are matched to a market based on their business in these markets. The ″Headstart″ service offers experience and expertise. The market assigned will be agreed with SMEs access to office space, facilitated access to local each Trade Envoy ahead of them taking on the role. UK business networks and support from Chamber 6. Markets identified for the programme are emerging and staff. growth markets, beyond those already identified in the UKTI strategy, where the opportunities tend to be less well known and UKTI’s Asia Task Force team runs events across the where historically ministerial attention has been light. UK with the aim of encouraging more UK businesses 7. A dedicated UKTI Secretariat has been set up to support the to consider, and take advantage of, the opportunities Trade Envoys programme. across Asia. During the current campaign, more than 8. Each Trade Envoy will adhere to the seven principles of 1,000 businesses have taken part in 15 events. public life as set by the Committee on Standards in Public Life and declare any personal or business conflicts of interest. Trade Ann Clwyd: To ask the Secretary of State for Envoys should ensure that their position is not, and raises no reasonable suspicion of being, abused or furthering their own Business, Innovation and Skills how many private interests or the interests of their employing organisation. parliamentary trade envoys have been appointed since 9. Trade Envoys are not civil servants. However, the role of a May 2010; who has been appointed as such envoys and Trade Envoy carries with it a duty of confidentiality in relation to to which countries; and whether he plans to appoint information received. This duty of confidentiality will continue to others in the coming year. [147889] apply after the expiry of their term of office. In addition, the Official Secrets Acts 1911 and 1989 will apply. Michael Fallon: There are eight Prime Ministerial Trade Envoys working with UK Trade & Investment to Ann Clwyd: To ask the Secretary of State for identify and develop business opportunities in selected Business, Innovation and Skills what funding has been high growth and developing markets and to showcase allocated to parliamentary trade envoys to allow them those opportunities in the UK. The trade envoys are: to fulfil their terms of reference and carry out all related duties. [147892] Trade envoy Market(s) of expertise Michael Fallon: The annual budget allocated for the Baroness Bonham-Carter of Mexico eight Prime Ministerial Trade Envoys is £176,000. This Yarnbury is based on each undertaking two overseas visits and an Baroness Morris of Bolton Jordan, Kuwait and Palestinian Territories additional four UK events per year. Lord Puttnam of Queensgate Vietnam, Laos and Cambodia Lord Risby of Haverhill Algeria Trade Unions Baroness Scotland of Asthal South Africa Lord Sharman of Redlynch Morocco Chris Ruane: To ask the Secretary of State for Charles Hendry MP Azerbaijan, Kazakhstan and Business, Innovation and Skills what proportion of the Turkmenistan working population in (a) the private sector and (b) Richard Graham MP Indonesia the public sector were members of a union in each year for which figures are available. [148495] All of the trade envoys have been appointed during the last year. The programme is developing well and the Jo Swinson: The Department for Business, Innovation present intention is to expand it in due course. But the and Skills annually publishes statistical data on trade Government will want to evaluate the effectiveness of union membership which is available at: the first phase before taking a final decision on this. https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/16381/12-p77-trade-union-membership- Ann Clwyd: To ask the Secretary of State for Business, 2011.pdf Innovation and Skills what (a) terms of reference and Table 2.2 on page 26 sets out trade union density by (b) duties have been provided to parliamentary trade public and private sector for the years 1995-2011. envoys. [147890]

Michael Fallon: The terms of reference provided to, HEALTH and agreed with, the Prime Ministerial Trade Envoys, which also encapsulate their duties are: Alexandra Hospital Redditch 1. Trade Envoys are appointments made by HM Government and are responsible for promoting trade to and in a specific Karen Lumley: To ask the Secretary of State for market and also attracting investment in to the UK by showcasing UK opportunities. Health what steps he is taking to allow alternative providers, including University Hospitals, Birmingham, 2. Each Trade Envoy will agree to undertake a programme of to access information on the Alexandra Hospital site. activity, set out for a 12 month period, tailored to address the key [147242] issues that are identified for them to drive forward for the designated market. This will include, but not exclusively, up to two overseas trips and up to four UK-based activities. Dr Poulter: This is a matter for the local national health service. 3. Each 12-month programme will be agreed in advance with the representative, the Chair of the Trade Envoys programme, National health service commissioners in Worcestershire Lord Marland and UKTI and Foreign Office officials. are currently working with the Worcestershire Acute 4. Each Trade Envoy agrees to undertake their role to May Hospitals NHS Trust to review the future provision of 2015, with a review on progress at the end of each 12 month services, which will be subject to formal public consultation programme. planned for this summer. 521W Written Answers18 MARCH 2013 Written Answers 522W

Continuing Care Dietary Supplements: EU Law

Mr Sanders: To ask the Secretary of State for Health Kate Hoey: To ask the Secretary of State for Health (1) what progress the NHS Commissioning Board has (1) what information he holds on discussions involving made in developing the Long-Term Conditions Strategy (a) the European Commission and (b) Standing and its Diabetes Companion Document; and when he Committees and their working groups which relate to expects these documents to be published; [R] [148109] the provisions of the Food Supplements Directive relating to widening its scope beyond vitamins and (2) what progress his Department has made in minerals to include supplements containing plant, fish developing the Diabetes Action Plan; and when he and animal extracts; and what his objectives are for the expects this document to be published. [R] [148110] outcome of that process; [148249] (2) what assessment he has made of the potential Anna Soubry: The Department will no longer publish effect on manufacturers, retailers and consumers of an Outcomes Strategy for Long-Term Conditions and specialist food supplements of plans by the European Diabetes Companion Document, as, through the Mandate, Commission to bring forward proposals to expand the we have asked the NHS Commissioning Board to lead scope of the food supplements directive beyond vitamins on producing proposals for how the new system will and minerals to include supplements containing plant, work together to support improved outcomes for people fish and animal extracts. [148250] with long-term conditions. The Diabetes Action Plan will set out actions that the Anna Soubry: There have not been any recent discussions national health service can take to increase identification, with European member states in relation to widening improve prevention and treatment of diabetes. We expect the scope of the food supplements directive to include the NHS Commissioning Board, with input from Jonathan supplements containing plant, fish and animal extracts. Valabhji, the new national clinical director for obesity The Commission concluded, in its report of 5 December and diabetes, to regard publication of the action plan as 2008 on the use of substances other than vitamins and an early and important contribution to supporting the minerals in food supplements, that laying down specific outcomes it is expected to deliver across the five Domains rules applicable to these substances is not justified. The of the NHS Outcomes Framework. report is available at: http://ec.europa.eu/food/food/labellingnutrition/supplements/ documents/ Dental Services: Birmingham COMM_PDF_COM_2008_0824_F_EN_RAPPORT.pdf No assessment has been made regarding the potential Steve McCabe: To ask the Secretary of State for effect on manufacturers, retailers and consumers of Health how many dentists in (a) Birmingham and (b) specialist food supplements on expansion of the scope Birmingham, Selly Oak constituency provide NHS of the food supplements directive to include supplements containing, plant, fish and animal extracts, as there are treatment for (i) children and (ii) adults. [148679] no current plans for the European Commission to bring forward such proposals. Dr Poulter: The information is not collected in the format requested. Data on dentists is not collected by Health Services: Foreign Nationals constituency area and does not separately identify which patient groups are treated. Mr Ruffley: To ask the Secretary of State for Health The following table shows the number of primary (1) how many overseas visitors were treated in (a) care dentists within the three Birmingham primary care England, (b) Suffolk Primary Care Trust area and (c) trusts (PCT) that treat both children and adults. the East of England NHS area in each of the last three years; [148097] Primary care (high street) dentists in Birmingham with national health service activity, in the year-ending 31 March 2012 (2) what the cost to the NHS was of treating non-EU Organisation Organisation overseas visitors in (a) England, (b) Suffolk Primary name code Total number of dentists Care Trust area and (c) the East of England NHS area in each of the last three years. [148098] Birmingham 5PG 218 East and North PCT Anna Soubry: The Department does not hold this Heart of 5MX 152 information, as national health service bodies do not Birmingham submit data on the number of overseas visitors they PCT treat or the cost of treating them. South 5M1 181 Birmingham Horses: Slaughterhouses PCT Notes: 1. Dentists are defined as performers with NHS activity recorded by Mary Creagh: To ask the Secretary of State for FP17 forms during each financial year. Health how many horses were brought to slaughter at 2. Dentists will be counted more than once if they have a contract in UK abattoirs in 2008. [148465] more than one PCT or strategic health authority. 3. Data consists of performers in General Dental Services, Personal Anna Soubry: The number of solipeds slaughtered in Dental Services and Trust-led Dental Services. Sources: the United Kingdom in 2008 is as follows. In accordance 1. Health and Social Care Information Centre with arrangements in place at that time, there may have 2. NHS Dental Services of the NHS Business Services Authority been further animals presented for slaughter that the 523W Written Answers18 MARCH 2013 Written Answers 524W official veterinarian may not have accepted due to passport Average daily number of available beds open day only at University irregularities, with these animals returned to the owner/ Hospitals of Morecambe Bay NHS FT from 2008-09 to Q3 2012-13 dealer. Quarter Total 2008-09 — 48 Number of solipeds slaughtered 2009-10 — 80 including those rejected at slaughter for human consumption in the UK 2010-11 Q1 127 2010-11 Q2 124 2008 3,814 2010-11 Q3 126 2010-11 Q4 138 2011-12 Q1 133 Hospices: East of England 2011-12 Q2 131 2011-12 Q3 135 Mr Ruffley: To ask the Secretary of State for Health 2011-12 Q4 140 how much NHS funding was allocated to hospices in 2012-13 Q1 140 the East of England in (a) 2010-11, (b) 2011-12 and 2012-13 Q2 133 (c) 2012-13 to date; and if he will make a statement. 2012-13 Q3 119 [148079] Note: From 2010-11 onwards, the KH03 collection changed from an annual to a quarterly collection. At the same time, the classification for bed Norman Lamb: The information requested is not occupancy was changed from ward type to the consultant specialty of collected or held centrally. NHS funding for hospices is the responsible consultant, therefore the data is not directly comparable. a matter for local NHS commissioners. Source: Department of Health—KH03 Unify2 Data Collection.

Hospital Beds Hospitals: Construction

John Woodcock: To ask the Secretary of State for Chris Ruane: To ask the Secretary of State for Health Health how many hospital beds at (a) Furness General how much was spent on building and refurbishing Hospital, (b) Westmorland General Hospital and (c) hospitals in each of the last 30 years. [148422] Lancaster Royal Infirmary (i) are available now and (ii) were available in each of the last five years. [148076] Dr Poulter: The information requested is not available in the format requested. Anna Soubry: Information is not available in the Data have been collected annually through the Estates format requested. Information on hospital bed availability Return Information Collection (ERIC) from the national at University Hospitals of Morecambe Bay NHS health service on their total capital spend since 2001-02. Foundation Trust (FT) during each of the last five years They were not collected prior to that date. is shown in the following tables. It is the responsibility They represent the total amount of all capital invested of individual trusts, working with local national health by each NHS organisation, within the reporting year, service commissioners, to ensure that the availability of for the upgrading, refurbishment, renewal and hospital beds is appropriate to meet demand. modernisation of the NHS trusts estate. They include Average daily number of available beds open overnight at University relevant capital derived from all sources, inclusive of Hospitals of Morecambe Bay NHS FT by sector from 2008-09 to Q3 block capital allocations, external financial limit allocations, 2012-13 donations, land purchases and private sector investment General (private finance initiative and local investment finance and Mental Learning Quarter Total acute illness Maternity disabilities trust). They exclude costs associated with day to day maintenance of property and the provision of vehicles. 2008-09 — 878 823 — 55 — The figures relate to the total capital investment in each 2009-10 — 857 802 — 55 — reporting year and are expressed in cash terms. 2010-11 Q1 795 740 — 55 — 2010-11 Q2 783 728 — 55 — Total capital investment (£ 2010-11 Q3 795 740 — 55 — million) 2010-11 Q4 800 745 — 55 — 2001-02 1,682 2011-12 Q1 783 728 — 55 — 2002-03 2,008 2011-12 Q2 759 705 — 54 — 2003-04 2,246 2011-12 Q3 760 705 — 55 — 2004-05 2,173 2011-12 Q4 760 705 — 55 — 2005-06 2,134 2012-13 Q1 783 728 — 55 — 2006-07 2,403 2012-13 Q2 795 740 — 55 — 2007-08 2,432 2012-13 Q3 802 747 — 55 — 2008-09 2,705 Note: 2009-10 3,139 From 2010-11 onwards, the KH03 collection changed from an annual 2010-11 3,321 to a quarterly collection. At the same time, the classification for bed occupancy was changed from ward type to the consultant specialty of 2011-12 2,231 the responsible consultant, therefore the data is not directly comparable. Source: The data provided are as reported by the NHS and Department of Health—KH03 Unify2 Data Collection. has not been amended centrally. 525W Written Answers18 MARCH 2013 Written Answers 526W

Leave by Mid Staffordshire NHS Foundation Trust and its predecessor in each year between 2002 and 2010. Priti Patel: To ask the Secretary of State for Health [147929] how many officials in (a) his Department and (b) each of its agencies and non-departmental public bodies Dr Poulter: Records are only available from August qualify for privilege days; and what the total cost to the 2005. A search of the Department’s ministerial public purse was of the number of privilege days correspondence database has identified 64 individual utilised each year by such officials. [147741] complaints about Mid Staffordshire NHS Foundation received between 1 August 2005 and 16 March 2009. Dr Poulter: In 2011-12, 2,350 full-time equivalent Between 17 March 2009 and 31 December 2010, the civil servants in the Department qualified for privilege Department received 580 items of correspondence about leave. The estimated annual cost was £1.27 million, the Trust, of which 33 are indexed as being complaints. assuming that all civil servants used the full privilege This is a minimum figure which represents correspondence leave entitlement. received by the Department’s ministerial correspondence unit only. The Department’s Executive Agency and non- Departmental bodies have provided the information in Mobile Phones the following table about privilege days.

Total cost of the Mr Streeter: To ask the Secretary of State for Health How many number of privilege which company holds the largest contract to provide officials qualify for days each year by Name of organisation privilege days such officials (£) mobile telephony services to his Department; how much is paid each year under that contract; how many individual Medicines and Healthcare 939 509,223 devices are covered by the contract; when the contract products Regulatory Agency was awarded; and when and how the contract will next Care Quality Commission 0 0 be reviewed. [148261] NHS Commissioning Board 0 0 Human Fertilisation and 00 Embryology Authority Dr Poulter: Department currently sources mobile Health Protection Agency 0 0 telephony services from Vodafone under a cross Human Tissue Authority 54 27,008 Government Framework Agreement. Monitor 119 100,020 The Department spent £842,720 during the last two years ending in December 2012 on mobile telephony Mental Illness: Young People services. The number of individual departmental mobile devices covered by the contract at 31 December 2012 is 2,390. Eric Ollerenshaw: To ask the Secretary of State for Health what steps his Department is taking to diagnose The contract commenced on 1 April 2011 and the and treat mental illnesses in young people; and if he contract expiry date is 31 March 2015. The Department will make a statement. [147518] has no planned review date for this contract. NHS Connecting for Health’s mobile telephony contract Norman Lamb: Children and young people’s mental is with Vodafone. For the financial year 2011-12, the health is a priority for this Government. That is why we expenditure was £484,887. Annual expenditure changes are investing £54 million over the four-year period based on usage and numbers of handsets purchased. As 2011-15 in the Children and Young People’s Improving at 1 March 2013, the number of devices held was 1,368. Access to Psychological Therapies programme to drive This included phones, mobile devices and USB dongles. service transformation in Child and Adolescent Mental The contract was awarded to Vodafone in 2011 and has Health Services—giving children and young people just been reviewed and adjusted to a more economical improved access to the best mental health care by tariff. embedding evidence based practice. ‘No health without mental health: a cross-Government NHS Direct mental health outcomes strategy for people of all ages’ was published in February 2011. The strategy takes a Richard Burden: To ask the Secretary of State for life course approach and highlights the importance of Health if he will establish for NHS Direct a contact early intervention and prevention, and makes clear an telephone number that is a UK landline number beginning expectation of parity of esteem between mental and 01, 02 or 03. [148367] physical health services. The implementation framework for the mental health Anna Soubry: NHS Directs 0845 4647 number will be strategy sets out details of. How Government, national switched off at the end of June, when the new, free-to-call, and local organisations can help implement the strategy NHS 111 service will be available across England. and improve outcomes for people of all ages. NHS Shared Business Services Mid Staffordshire NHS Foundation Trust Mr Jamie Reed: To ask the Secretary of State for Andrew Bridgen: To ask the Secretary of State for Health (1) what support his Department has given to Health how many individual complaints his Department NHS Shared Business Services to assist with the received from members of the public on care and treatment reorganisation of the NHS; [148122] 527W Written Answers18 MARCH 2013 Written Answers 528W

(2) what discussions he has had with NHS Shared (ESR) Data Warehouse records of total payments made Business Services on the reorganisation of the NHS to staff directly employed by those organisations which and its role within new NHS structures; [148123] use ESR suggests that approximately 400 managers (3) what discussions he has had with clinical received payments in excess of £142,500 in the 12 months commissioning groups on the services provided by October 2011 to September 2012, the latest data available. NHS Shared Business Services. [148126] The Electronic Staff Record Data Warehouse is a monthly snap shot of the live ESR system. This is the Dr Poulter: The Under-Secretary of State, my right HR and payroll system that covers all national health hon. and noble Friend, Earl Howe, has met with (NHS service employees other than those working in General SBS) NHS Shared Business Services to discuss the Practice, Moorfields Eye Hospital NHS Foundation importance of their role and services in the restructured Trust and Chesterfield Royal Hospital NHS Foundation national health-service, and has promoted the benefits Trust, and some NHS staff who have transferred to of an integrated approach to finance and accounting local authorities and social enterprises. with commissioners. Managers are defined as those recorded on ESR as Officials from the Department sit on the Board and either a manager or senior manager. Audit Committee of the NHS SBS, and as such are The analysis counts actual payments. No uplift has actively involved in the oversight and governance of the been applied to payments made to employees who work organisation. This active involvement has included on a part time basis or who did not work for the full 12 discussion of changes to the NHS as a result of the months. ongoing reorganisation. Overtime In March 2012 the NHS Commissioning Board (NHS CB) signed a contract with NHS SBS to provide a Chi Onwurah: To ask the Secretary of State for finance and accounting system to the NHS CB and the Health pursuant to the answer of 6 February 2013, clinical commissioning groups (CCGs). NHS SBS already Official Report, columns 339-40W, on Government provided this service to 50% of primary care trusts and Procurement Card, what the average cost was of overtime 80% of strategic health authority. It was essential to the per member of staff in (a) his Department and (b) success of the reforms for the NHS CB and clinical each of its arm’s length bodies in (i) 2010-11, (ii) commissioning groups to have access to a high quality 2011-12 and (iii) 2012-13. [147898] and disciplined financial system which tracks spending and undertakes essential reconciliations regularly. Dr Poulter [holding answer 14 March 2013]: The This should allow CCGs to concentrate on the clinical average cost of overtime per civil servant in the Department commissioning aspects of their work rather than more is given in the following table. administrative processes. It will also contribute to the 50% reduction in administration costs which are envisaged £ by the new system. 2010-11 167 NHS: Pay 2011-12 178 2012-13 99 Michael Ellis: To ask the Secretary of State for The information on average cost of overtime per Health how many managers in the NHS are paid more member of staff in each of the Department’s arm’s than the Prime Minister. [147647] length bodies is given in the following table. The average costs per member of staff reflects all Dr Poulter: The headcount of senior managers in staff eligible for overtime unless otherwise stated in the September 2012 was 11,150. The Electronic Staff Record notes of table.

£ Average cost of overtime per member of staff Name of organisation 2010-11 2011-12 2012-13

Medicines and Healthcare products Regulatory Agency 480.79 841.05 677.79 Care Quality Commission (CQC)1 284 525 235 NHS Commissioning Board (NHS CB) 2— 2— 3N/A Health and Social Care Information Centre 141.98 55.46 30.46 Health Education England 2— 2—0 Health Protection Agency (HPA)4 273.15 258.72 244.83 Health Research Authority 2—020 Human Tissue Authority 14.56 10.76 0 Monitor 000 National Institute for Health and Clinical Excellence (NICE)56— 7397 8718 National Treatment Agency for Substance Misuse 0 0 0 NHS Blood and Transplant (NHS BT)9 1,059 1,033 1,078 NHS Business Services Authority (NHS BSA)10 309.64 531.11 506.77 NHS Institute for Innovation and Improvement 2,329 3,842 3,608 NHS Litigation Authority 83.87 79.72 65.62 NHS Trust Development Authority 2— 2—0 529W Written Answers18 MARCH 2013 Written Answers 530W

£ Average cost of overtime per member of staff Name of organisation 2010-11 2011-12 2012-13

Human Fertilisation and Embryology Authority 211.27 223.88 384.90 1 CQC: The figures for 2012-13: this is the average for April 2012 to December 2012. 2 Not in existence. 3 NHS CB: The Commissioning Board became an executive non-departmental public body on 1 October 2012 and will not be effectively operational until 1 April 2013. The Commissioning Board has undertaken a significant programme of staff transition and recruitment, and during this financial year most staff have been working on a secondment basis. Therefore it is not possible to give meaningful figures for 2012-13. 4 HPA: the figures presented represent total overtime over the total staff headcount. It should be noted that overtime is only available on certain contractual terms and conditions within HPA. 5 NICE: The figures show the cost of overtime per member of staff eligible for overtime. It is not NICE policy to pay overtime, so it is only in these exceptional circumstances where overtime has actually been paid. 6 Information not available. 7 Based on one eligible member of staff. 8 Based on six eligible members of staff. 9 NHS BT: The average overtime cost has been calculated base on whole time equivalent. 10 BSA: The 2012-13 figure is based on year to date and includes estimated costs for March 2013.

Phenylbutazone and has been placed in the Library of the House.

Mary Creagh: To ask the Secretary of State for Health how many (a) horse owners and (b) vets have Recruitment been (i) prosecuted and (ii) fined for failing to declare horses that had been treated with phenylbutazone in Priti Patel: To ask the Secretary of State for Health each of the last three years. [145162] how many officials were recruited to (a) his Department and (b) each of its non-departmental public bodies in Mr Heath: I have been asked to reply on behalf of the each of the last five years. [147970] Department of Environment, Food and Rural Affairs. None. The results of follow-up investigations into Dr Poulter: In the last five years a total of 720 civil non-compliant samples have not revealed sufficiently servants have been recruited to the Department. The serious shortcomings to consider prosecutions. A summary following totals include both the number of permanent of the results of follow-up investigations are included in civil servants appointed and fixed-term appointment papers considered by the independent Veterinary Residues civil servants. Committee. These can be seen at: 2008-09 2009-10 2010-11 2011-12 2012-13 Total http://www.vmd.defra.gov.uk/vrc/reports/surveillance.html and have been placed in the Library of the House. Number 167 213 115 74 151 720 of civil The chief veterinary officer and the Food Standards servants Agency CEO wrote a joint letter to the Veterinary recruited Record reminding veterinarians of their responsibilities in this area, which can be viewed at: The information on recruitment of officials in the www.rcvs.org.uk/document-library/letter-from-defra-and-fsa-ref- Department’s non-departmental bodies is set out in the horse-passports following table.

How many officials were recruited to in each of the last five years Name of organisation 2012-131 2011-12 2010-11 2009-10 2008-09

Care Quality Commission 481 262 54 254 2— NHS Commissioning Board 5,248 2— 2— 2— 2— Health Protection Agency 514 299 245 583 644 Human Fertilisation and Embryology 98326 9 11 Authority Human Tissue Authority 9 15 4=5 26 16 Monitor 130 48 26 20 20 1 To date. 2 Not in existence. 3 HFEA: The records management project in 2010-11 meant it recruited a lot of staff on Fixed Term Contracts. 4 In line with Cabinet Office Standing instructions numbers of five or fewer in a category are presented as ‘=5’ to avoid identification of individuals.

Royal National Orthopaedic Hospital plans and (b) the UK’s wider specialist orthopaedic offering to patients; [148253]

Andrew Gwynne: To ask the Secretary of State for (3) whether he has any plans to visit the Royal Health (1) what assessment he has made of the Royal National Orthopaedic Hospital; [148254] National Orthopaedic Hospital; and if he will make a (4) if he will make an assessment of access to the statement; [148252] Royal National Orthopaedic Hospital site in Stanmore (2) if he will meet the Chief Executive of the Royal for patients with impaired mobility; [148257] National Orthopaedic Hospital to discuss (a) developments 531W Written Answers18 MARCH 2013 Written Answers 532W

(5) what recent assessment he has made of the age, planning committee of the London borough of Harrow condition and layout of the buildings at the Royal and it will be considered at a committee meeting on 21 National Orthopaedic Hospital; [148271] March. Full planning permission is requirement for the (6) what assessment his Department has made of the scheme to proceed. long-term effects of a failure to secure planning consent At present there are no plans for a ministerial visit to to upgrade facilities at the Royal National Orthopaedic the hospital. Hospital’s Stanmore site on (a) existing outpatients, (b) future patients, (c) training of orthopaedic surgeons and (d) wider NHS orthopaedic service delivery; Sick Leave [148554] (7) if he will support the Royal National Orthopaedic Hospital’s development proposals for the Priti Patel: To ask the Secretary of State for Health Stanmore site; and if he will make a statement. how many days (a) his Department and (b) each of its [148556] non-departmental public bodies has lost to staff sickness in each of the last five years; and what Dr Poulter: The Royal National Orthopaedic Hospital estimate he has made of the cost of such absence in NHS Trust submitted the draft Appointment Business each year. [147989] Case for the redevelopment of the hospital to the Department in December 2012. Dr Poulter: For the Department: the number of days This business case is currently being reviewed by the lost and estimated cost of absence for the years in Department and the NHS London Strategic Health question, are presented in following table. These data Authority. The Department is working with the trust to are based on average staff cost including superannuation complete its review as quickly as possible. and the Department’s employer’s contribution to national The redevelopment would create a new 124-bed in-patient insurance. facility to provide neuroskeletal health care and rehabilitation in modern hospital settings for patients Calendar year Total number of Cost of absence (£) from London and across the United Kingdom from working days lost 2016 onwards. This would replace the existing buildings, 2008 12,845 3,134,511 which are some of the oldest in the national health 2009 11,262 2,927,797 service and are no longer suitable for treating patients. 2010 11,810 3,094,482 The redevelopment would also ensure good physical 2011 9,962 2,593,047 access to services for patients and visitors, including 2012 8,949 2,254,547 making it easy to navigate and access for disabled patients. The Department’s non-departmental public bodies The trust has submitted its application for full planning have provided the information set out in the following permission for whole site redevelopment to the local table.

Number of days each non-departmental public body has lost to staff sickness in each of the last five financial years: 2012-13 to 28 Name of organisation February 2011-12 2010-11 2009-10 2008-09

Care Quality Commission 25,562 26,155 21,520 22,648 1— NHS Commissioning Board (NHS CB) 2— 1— 1— 1— 1— Human Fertilisation Embryology Authority 384 522 648 734 626 ’Health Protection Agency (HPA)3 36,262 35,063 36,808 39,677 32,643 Human Tissue Authority 240 230.5 317 354 74 Monitor 814.7 410 292 278 305.5

Estimated cost of such absence in each financial year (£) 2012-13 to 28 Name of organisation February 2011-12 2010-11 2009-10 2008-09

Care Quality Commission 4,701,689 4,873,830 3,931,860 4,112,460 1— NHS Commissioning Board ( NHS CB) 2— 1— 1— 1— 1— Human Fertilisation Embryology Authority 25,000 50,000 97,000 110,000 91,000 ’Health Protection Agency (HPA)3 6,835,990 8,008,900 8,139,550 8,740,370 7,381,490 Human Tissue Authority 48,812 42,461 59,366 65,490 13,690 Monitor 259,470 137,840 99,100 93,260 100,060 1 Not in existence. 2 NHS CB: The NHS CB became an executive non-departmental public body on 1 October 2012 and will not be effectively operational until 1 April 2013. The NHS CB is undertaking a significant programme of staff transition and recruitment, and during this financial year most staff have been working on a secondment or interim basis. Therefore it is not possible to give meaningful and accurate figures for 2012-13. 3 HPA: 2012-13 figures for 2012-13 are from April 2012 to January 2013. These figures are high level ones and are therefore only an estimated cost of absence.

Priti Patel: To ask the Secretary of State for Health of its non-departmental public bodies have had (i) how many officials in (a) his Department and (b) each fewer than five days, (ii) five to 10 days, (iii) 10 to 15 533W Written Answers18 MARCH 2013 Written Answers 534W days, (iv) 15 to 20 days, (v) 20 to 25 days, (vi) 25 to 50 Dr Poulter: For the Department, the information days, (vii) 50 to 75 days, (viii) 75 to 100 days, (ix) 100 to requested is not held in the format requested and could 150 days, (x) 150 to 200 days, (xi) more than 200 days, be obtained only at disproportionate cost. The Department (xii) more than three months, (xiii) more than six is able to provide information about sickness absence in months and (xiv) more than one year on paid sick leave the last five calendar years and this is presented in the (A) consecutively and (B) in total in each of the last following table: five years. [148008]

Sickness duration calendar days 2008 2009 2010 2011 2012

1 to 5 2,941 2,653 2,792 2,223 2,093 5 to 10 251 225 192 130 134 10 to 15 115 101 101 103 88 15 to 20 50 33 39 26 37 20 to 25 28 22 16 32 28 25 to 50 81 66 67 74 50 50 to 75 26 20 20 34 18 75 to 100 20 11 18 10 17 100 to 150 21 . 24 26 14 15 150to200 118866 Over200 11100

The table shows the incidence of sickness absences by The Human Tissue Authority has provided the duration and year. Individual employees may well appear information set out in the following table: more than once if they have multiple episodes of sick leave.

Human Tissue Authority 2012-13 2011-12 2010-11 2009-10 2008-09 Consecutive Total Consecutive Total Consecutive Total Consecutive Total Consecutive Total

<5days 24232722322132252724 5-10 days 3 4 2 7 5 11 1 6 1 4 10-15days00 10 04 13 00 15-20days00 00 02 00 00 20-25days11 01 10 00 00 25-50days33 00 23 11 00 50-75days00 00 00 00 00 75-100 days 0 0 0 0 0 0 0 .0 0 0 100-150 00 11 00 11 00 days 150-200 00 00 00 00 00 days >200days00 00 00 00 00 > 3 months 0 0 0 0 0 0 0 0 0 0 > 6 months 0 0 0 0 0 0 0 0 0 0 >1year00 00 00 00 00

Five non-departmental public bodies (Care Quality for use by the public. There are no 0844 or 0870 Commission, Health Protection Agency, Human numbers. Not all of the numbers owned by the Department Fertilisation and Embryology Authority, Monitor and are in current use. the NHS Commissioning Board) could provide the The Department’s Executive Agency, the Medicines information requested only at disproportionate cost. and Healthcare Products Regulatory Agency has one 0808 number, for use by the public. Telephone Services The Department has a number of arm’s length bodies and national programmes e.g. NHS Employers. Information Richard Burden: To ask the Secretary of State for about telephone services for these bodies is not held Health how many (a) 0800, (b) 0808, (c) 0844, (d) centrally and cannot be provided except at disproportionate 0845 and (e) 0870 telephone numbers for the public cost. are in use by (i) his Department and (ii) the agencies for which he is responsible. [147820] Termination of Employment

Dr Poulter: The Department of Health Communications Priti Patel: To ask the Secretary of State for Health Directorate owns 135 0800 telephone numbers, a single how many officials in (a) his Department and (b) each 0808 telephone number and four 0845 telephone numbers of its non-departmental public bodies have left that 535W Written Answers18 MARCH 2013 Written Answers 536W body due to (i) resignation, (ii) retirement, (iii) redundancy, Dr Poulter: Information about civil servants who (iv) transferral to another public sector post and (v) have left the Department in the last five years is presented another reason in each of the last five years. [147951] in the following table.

Leaving reason 2008-09 2009-10 2010-11 2011-12 2012-13 Total

Voluntary redundancy =5 13 16 248 18 300 Compulsory redundancy 0 =5 =5 =5 15 19 Resignation 79 61 79 52 75 346 Retirement 33 30 36 19 15 133 Transfer 3521194962186 Other 64 100 82 51 35 332 Totals and ranges 210 - 220 220 - 230 230 - 240 410 - 420 220 1,316

The Department’s non-departmental public bodies have provided the following information about officials who have left their organisations during the time in question.

How many officials in non-departmental public bodies have left the body due to: transferral to another public Name of organisation Years in scope resignation retirement redundancy sector post another reason

Care Quality Commission 2012-13 84 29 15 0 19 2011-12 78 32 37 0 =5 2010-11 111 32 99 0 13 2009-10 107 22 239 0 27 2008-09 1— 1— 1— 1— 1—

NHS Commissioning 2012-13 2— 2— 2— 2— 2— Board (NHS CB) 2011-12 1— 1— 1— 1— 1— 2010-11 1— 1— 1— 1— 1— 2009-10 1— 1— 1— 1— 1— 2008-09 1— 1— 1— 1— 1—

Health Protection Agency 2012-13 173 87 24 =5 57 2011-12 183 75 31 =5 66 2010-11 243 65 31 88 93 2009-10 233 65 19 29 107 2008-09 268 52 13 0 92

Human Fertilisation and 2012-13 7 0 0 0 0 Embryology Authority 2011-12 12 =5 6 0 0 2010-11 33 0 0 0 0 2009-10 24 0 0 0 0 2008-09 23 0 =5 0 =5

Human Tissue Authority 2012-13 6 =5 0 0 0 2011-12 13 0 0 0 0 2010-11 16 =5 0 0 0 2009-10 9 0 0 0 =5 2008-09 3— 3— 3— 3— 3—

Monitor 2012-13 43 0 0 0 0 2011-12 28 0 0 0 0 2010-11 14 0 0 0 0 2009-10 12 =5 0 0 0 537W Written Answers18 MARCH 2013 Written Answers 538W

How many officials in non-departmental public bodies have left the body due to: transferral to another public Name of organisation Years in scope resignation retirement redundancy sector post another reason

2008-09 8 0 0 0 0 1 Not in existence. 2 NHS CB: The NHS CB became an Executive Non-Departmental Public Body on 1 October 2012 and will not be effectively operational until 1 April 2013. The NHS CB is undertaking a significant programme of staff transition and recruitment, and during this financial year most staff have been working on a secondment or interim basis. Therefore it is not possible to give accurate figures for 2012-13. 3 HTA: Information unavailable before 2009. When the HTA was originally set up, it did not have its own human resource systems and all its HR support was provided by the Human Fertilisation and Embryology Authority. HTA HR systems were introduced in 2009.

Tobacco: Retail Trade Anna Soubry: I refer the hon. Member to the answer I gave him on 13 March 2013, Official Report, columns Catherine McKinnell: To ask the Secretary of State 249-50W. for Health when he intends to publish his Department’s summary report of responses to its consultation on standardised packaging of tobacco products; and when JUSTICE he intends to bring forward any policy proposals arising from this consultation. [148567] Alcoholic Drinks: Crime

Anna Soubry: The Department has received many Ms Abbott: To ask the Secretary of State for Justice thousands of responses to the consultation on standardised how many (a) males and (b) females in each court packaging of tobacco products. A summary report of service area aged between (i) 10 and 12, (ii) 13 and 16 consultation responses will be published in due course. and (iii) 17 and 18-years-old were (A) proceeded against, The Government has an open mind on this issue and (B) found guilty and (C) sentenced to immediate custody any decisions to take further policy action will be taken for alcohol-related offences in (1) 2012, (2) 2011 and (3) only after full consideration is given to the consultation 2010. [146981] responses, evidence and other relevant information. Jeremy Wright: The number of defendants aged 10 to Ian Paisley: To ask the Secretary of State for Health 18 proceeded against at magistrates courts, and the pursuant to the answer of 13 March 2013, Official number of offenders aged 10 to 18 found guilty and Report, column 249W, on tobacco: retail trade, whether sentenced to immediate custody at all courts for alcohol his Department has estimated the potential cost of related offences, by gender and age band, for each payments to tobacco companies to purchase the police force area in England and Wales, for the years associated intellectual property and branding should 2010 and 2011, can be viewed in the following table. standardised packaging for all tobacco products be Court proceedings data for 2012 are planned for introduced. [148722] publication in May 2013.

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

2010 Avon and Somerset Male — 2 32 — 2 30——— Female — — 8 — — 8——— NotStated————————— Other————————— Total— 240—238——— Bedfordshire Male — — 17 — — 17 — — 1 Female — — 1 — — 1——— NotStated————————— Defendants — — 18 — — 18 — — 1 Cambridgeshire Male — 3 24 — 3 22——— Female — — 4 — — 4——— Total— 328—326——— Cheshire Male — 1 35 — 1 35——— Female — — 10 — — 10——— NotStated————————— Total— 145—145——— Cleveland Male — 2 20 — 2 21 — — 1 Female — — 2 — — 2——— 539W Written Answers18 MARCH 2013 Written Answers 540W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

NotStated————————— Total— 222—223——1 Cumbria Male — 1 15 — 1 15——— Female — — 4 — — 4——— Total— 119—119——— DerbyshireMale— 330—329——— Female — 1 8 — — 7——— NotStated————————— Total— 438—336——— Devon and Cornwall Male — 6 39 — 6 39——— Female — — 10 — — 10——— NotStated————————— Total— 649—649——— DorsetMale— 216—216——— Female — — 6 — — 6——— NotStated————————— Total— 222—222——— Durham Male — 3 25 — 3 24 — — 1 Female — — 3 — — 3——— Total— 328—327——1 EssexMale— 328—327——— Female — — 8 — — 8——— NotStated————————— Total— 336—335——— Gloucestershire Male — 1 16 — 1 16 — — 1 Female — 2 — — 2———— NotStated————————— Total— 316—316——1 Greater Manchester Male — 2 50 — 2 49 — — 1 Female — 1 16 — — 16——— NotStated————————— Other————————— Total— 366—265——1 Hampshire Male — 8 53 — 8 53——— Female — 2 9 — 1 9——— NotStated————————— Other————————— Total—1062— 962——— HertfordshireMale——19——19——— Female — — 11 — — 11——— NotStated————————— Other————————— Total——30——30——— Humberside Male — 2 28 — 2 28 — — 1 Female — 1 2 — 1 2——— NotStated————————— Total— 330—330——1 KentMale— 337—335——— Female — — 12 — — 12——— NotStated————————— Total— 349—347——— Lancashire Male — 4 65 — 4 61——— Female — 1 8 — 1 8——— 541W Written Answers18 MARCH 2013 Written Answers 542W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

NotStated————————— Total— 573—569——— LeicestershireMale— 213—211——— Female — — 2 — — 2——— NotStated————————— Total— 215—213——— Lincolnshire Male — 3 17 — 3 17——— Female — — 4 — — 4——— NotStated————————— Total— 321—321——— London, City of Male — — 1 — — 1——— Female ————————— Total—— 1—— 1——— Merseyside Male — — 14 — — 13——— Female — — 2 — — 2——— NotStated————————— Other————————— Total——16——15——— Metropolitan Police Male — 4 84 — 3 79 — — 1 Female — — 23 — — 23——— NotStated————————— Other————————— Total — 4 107 — 3 102 — — 1 NorfolkMale— 314—312——— Female — 1 3 — 1 3——— NotStated————————— Total— 417—415——— Northamptonshire Male — 2 17 — 2 17——— Female — — 4 — — 4——— NotStated————————— Other————————— Total— 221—221——— Northumbria Male — 4 61 — 4 58——— Female — 1 12 — — 11——— NotStated————————— Total— 573—469——— NorthYorkshireMale— 231—231——— Female — — 4 — — 4——— NotStated————————— Total— 235—235——— Nottinghamshire Male — 1 22 — 1 22——— Female — 1 4 — 1 4——— Total— 226—226——— South Yorkshire Male — 2 34 — 2 33 — — 1 Female — — 4 — — 4——— NotStated————————— Total— 238—237——1 Staffordshire Male — 2 24 — 2 24 — — 1 Female — — 4 — — 4——— Total— 228—228——1 SuffolkMale— 1 8— 1 7——— Female — — 4 — — 4——— 543W Written Answers18 MARCH 2013 Written Answers 544W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

NotStated————————— Other————————— Total— 112—111——— SurreyMale— 127—124——— Female — — 7 — — 7——— NotStated—— 1—— 1——— Total— 135—132——— SussexMale— 538—538——— Female — — 3 — — 3——— NotStated————————— Total— 541—541——— Thames Valley Male — 3 45 — 3 44 — — 1 Female — — 5 — — 4——— NotStated————————— Other————————— Total— 350—348——1 Warwickshire Male — — 19 — — 18——— Female — — 1 — — 1——— NotStated————————— Other————————— Total——20——19——— WestMerciaMale— 132—132——— Female — — 4 — — 3——— NotStated————————— Total— 136—135——— West Midlands Male — 5 42 — 5 39——— Female — — 10 — — 10 — — 1 NotStated—— 1—— 1——— Total— 553—550——1 WestYorkshireMale— 351—250——— Female — — 10 — — 9——— NotStated————————— Total— 361—259——— Wiltshire Male — 2 11 — 2 11——— Female — — 2 — — 1——— Other————————— Total— 213—212——— DyfedPowysMale——15——15——— Female — — 6 — — 6——— Total——21——21——— GwentMale— 115—115——— Female — — 5 — — 5——— NotStated————————— Other————————— Total— 120—120——— NorthWalesMale— 125—125——— Female — — 4 — — 4——— NotStated————————— Other————————— Total— 129—129——— South Wales Male — 7 41 — 7 40——— Female — — 13 — — 13——— 545W Written Answers18 MARCH 2013 Written Answers 546W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

NotStated————————— Other————————— Total— 754—753——— England and Wales Male — 101 1250 — 99 1212 — — 10 Female — 11 262 — 7 256 — — 1 NotStated—— 2—— 2——— Other————————— Total — 112 1514 — 106 1470 — — 11

2011 Avon and Somerset Male — 3 28 — 3 28——— Female — — 8 — — 8——— NotStated————————— Other————————— Total— 336—336——— Bedfordshire Male — 1 11 — 1 10——— Female — — 3 — — 3——— NotStated————————— Total— 114—113——— Cambridgeshire Male — — 10 — — 10——— Female — 1 2 — 1 2——— NotStated————————— Total— 112—112——— Cheshire Male — 3 23 — 3 22——— Female — — 7 — — 7——— NotStated————————— Total— 330—329——— ClevelandMale— 218—218——— Female — — 2 — — 2——— NotStated————————— Total— 220—220——— Cumbria Male — 2 13 — 2 13——— Female — — 4 — — 4——— Total— 217—217——— DerbyshireMale——12——12——— Female — — 7 — — 7——— NotStated————————— Other————————— Total——19——19——— Devon and Cornwall Male — 6 31 — 6 30——— Female — — 7 — — 6——— NotStated————————— Total— 638—636——— DorsetMale— 312—312——— Female — — 2 — — 2——— NotStated————————— Total— 314—314——— DurhamMale——20——20——— Female — — 7 — — 7——— NotStated————————— Total——27——27——— EssexMale——28——27——— 547W Written Answers18 MARCH 2013 Written Answers 548W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

Female — — 3 — — 3——— NotStated————————— Total——31——30——— Gloucestershire Male — 4 11 — 4 11——— Female — — 4 — — 4——— NotStated————————— Total— 415—415——— Greater Manchester Male — 10 31 — 10 29——— Female — — 9 — — 9——— NotStated————————— Total—1040—1038——— Hampshire Male — 4 42 — 4 40——— Female — — 9 — — 9——— NotStated————————— Total— 451—449——— HertfordshireMale— 317—316——— Female — — 6 — — 6——— NotStated————————— Total— 323—322——— Humberside Male — 3 19 — 3 17——— Female — — 3 — — 3——— NotStated————————— Total— 322—320——— KentMale— 336—336——— Female — — 8 — — 8——— NotStated————————— Total— 344—344——— Lancashire Male — 5 31 — 5 30——— Female — — 5 — — 5——— NotStated————————— Total— 536—535——— LeicestershireMale——12——11——— Female — — 4 — — 4——— NotStated————————— Other————————— Total——16——15——— Lincolnshire Male — — 16 — — 15——— Female — — 5 — — 5——— NotStated————————— Total——21——20——— London, City of Male — — 1 — — 1——— Female ————————— Total—— 1—— 1——— Merseyside Male — 1 17 — 1 14——— Female — — 6 — — 6——— NotStated————————— Total— 123—120——— Metropolitan Police Male — 4 54 — 4 51 — — 1 Female — 1 17 — 1 17——— NotStated—— 1—— 1——— Other————————— Total— 572—569——1 549W Written Answers18 MARCH 2013 Written Answers 550W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

NorfolkMale— 313—312——— Female — — 1 — — 1——— NotStated————————— Total— 314—313——— Northamptonshire Male — 1 14 — 1 14——— Female ————————— NotStated————————— Other————————— Total— 114—114——— Northumbria Male — 9 45 — 9 44 — 1 — Female — — 8 — — 7——— NotStated————————— Total— 953—951—1— NorthYorkshireMale— 325—325——— Female — — 5 — — 5——— NotStated————————— Total— 330—330——— Nottinghamshire Male — 2 19 — 2 18——— Female — — 4 — — 4——— NotStated————————— Total— 223—222——— South Yorkshire Male — — 26 — — 24——— Female — 1 5 — 1 5——— NotStated————————— Total— 131—129——— StaffordshireMale— 217—216——— Female — — 6 — — 6——— NotStated————————— Other————————— Total— 223—222——— SuffolkMale—— 9—— 8——— Female — — 2 — — 2——— NotStated————————— Total——11——10——— SurreyMale——15——15——— Female — — 4 — — 4——— Total——19——19——— SussexMale— 222—221——— Female — — 6 — — 6——— NotStated————————— Total— 228—227——— Thames Valley Male — 3 36 — 2 36——— Female — — 10 — — 10——— NotStated————————— Other————————— Total— 346—246——— Warwickshire Male — 1 6 — 1 6——— Female ————————— Total— 1 6— 1 6——— WestMerciaMale— 420—419——— Female — — 2 — — 2——— NotStated————————— 551W Written Answers18 MARCH 2013 Written Answers 552W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3

Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody

Age

10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

Total— 422—421———

West Midlands Male — — 31 — — 31———

Female — — 4 — — 4———

NotStated—— 1—— 1———

Total——36——36———

WestYorkshireMale— 326—323———

Female — — 4 — — 4———

NotStated—————————

Total— 330—327———

Wiltshire Male — 1 5 — 1 5———

Female — — 2 — — 2———

NotStated—————————

Total— 1 7— 1 7———

DyfedPowysMale— 112—112———

Female — — 1 — — 1———

Total— 113—113———

GwentMale——21——21———

Female — — 4 — — 4———

NotStated—————————

Total——25——25———

NorthWalesMale— 119—118———

Female — — 8 — — 8———

NotStated—————————

Total— 127—126———

South Wales Male — 3 30 — 3 30———

Female — — 12 — — 11———

NotStated—————————

Total— 342—341———

England and Wales Male — 96 904 — 95 871 — 1 1

Female — 3 216 — 3 213 — — —

NotStated—— 2—— 2———

Other————————— 553W Written Answers18 MARCH 2013 Written Answers 554W

Defendants aged 10 to 18 proceeded against at magistrates courts, and offenders aged 10 to 18 found guilty and sentenced to immediate custody at all courts for alcohol related offences1, by gender and age band, for each police force area in England and Wales, 2010 and 20112, 3 Year, police force area, gender Proceeded against Found guilty Sentenced to immediate custody Age 10-12 13-16 17-18 10-12 13-16 17-18 10-12 13-16 17-18

Total — 99 1122 — 98 1086 — 1 1 1 Includes offences under the following statutes: Policing and Crime Act 2009 S.30 Road Traffic Act 1988 S.5(1)(a) Road Traffic Act 1988 S.5(1)(b) Criminal Justice and Police Act 2001 S.12 Immigration and Asylum Act 1999 Sch.12 P.5 Licensing Act 1902 S.6(2B) Licensing Act 1902 S.6(2C) Licensing Act 2003 S.137 Licensing Act 2003 S.138 Licensing Act 2003 S.141 Licensing Act 2003 S.142 Licensing Act 2003 S.146 Licensing Act 2003 S.147 Licensing Act 2003 S.147A Licensing Act 2003 S.149 (1) & (7)(a) Licensing Act 2003 S.149 (3), (4) & (7)(b) Licensing Act 2003 S.150(1) Licensing Act 2003 S.151 Licensing Act 2003 S.152 Licensing Act 2003 S.153 Licensing Act 2003 S.156 Licensing Act 2003 S.157 Confiscation of Alcohol (Young Persons) Act 1997 S.1 Licensing Act 2003 S.145 Sporting Events (Control of Alcohol etc) Act 1985 SS.1(4) & 1A(4) Sporting Events (Control of Alcohol etc) Act 1985 S.2(2) Sporting Events (Control of Alcohol etc) Act 1985 SS.5B(3), 5C,(4), & 5D(3) Sporting Events (Control of Alcohol etc) Act 1985 SS.1(2) & 1A(2) Sporting Events (Control of Alcohol etc) Act 1985 SS.1(3) & 1A(3) Sporting Events (Control of Alcohol etc) Act 1985 S.2(1) Sporting Events (Control of Alcohol etc) Act 1985 SS.3(10), 5B(2), 5C(3) & 5D(2) Sporting Events (Control of Alcohol etc) Act 1985 S.5C(5) Sporting Events (Control of Alcohol etc) Act 1985 S.6(2) 2 The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with.Whena defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed fortwoor more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 3 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. Source: Justice Statistics Analytical Services—Ministry of Justice.

Alternatives to Prison British Overseas Territories

Mr Lammy: To ask the Secretary of State for Justice Thomas Docherty: To ask the Secretary of State for if he will require probation trusts to publish the outcome Justice how many full-time equivalent civil servants in of community sentences, the details of payback schemes his Department are working on matters related to the and reoffending rates, on a fixed and permanent basis. UK Overseas Territories. [147110] [148447] Damian Green: Within the Ministry of Justice (Ministry Jeremy Wright: The Ministry of Justice publishes of Justice Headquarters, HM Courts and Tribunals annually the probation trust performance ratings and Service, National Offender Management Service and other measures of performance, including completion Office of the Public Guardian) there are two civil servants rates for orders and licences and for community payback whose responsibilities include working with the Foreign requirements: and Commonwealth Office to provide justice support to the Overseas Territories. Between them the work http://www.justice.gov.uk/statistics/prisons-and-probation/ prison-probation-performance-info accounts for around 0.7 of a full-time equivalent member of staff. In addition, each quarter the Department publishes proven reoffending rates for offenders supervised by Buildings probation trusts: http://www.justice.gov.uk/statistics/reoffending/proven-re- Priti Patel: To ask the Secretary of State for Justice offending what occupation costs of each type are incurred for Probation trusts are required to prepare an annual each property used by his Department. [143297] report giving an overview of their community payback activities. The report includes information relating to Damian Green: The Ministry of Justice estate comprises the work projects that were completed and the range of of over 1,600 properties, including courts, tribunals, beneficiary organisations and criminal justice partner prison and young offender institutions, prison officers’ agencies. These are normally published on probation quarters and administrative properties. Information on trusts’ individual websites. the occupation costs (rents, rates, service charges, 555W Written Answers18 MARCH 2013 Written Answers 556W maintenance, security, cleaning and utilities) incurred Electronic monitoring in Scotland and Northern Ireland for each property used by the Department is not collated is the responsibility of the respective national Executives, centrally and this information could be provided only at under the devolved criminal justice arrangements. disproportionate costs. Community Orders Employment Tribunals Service

Justin Tomlinson: To ask the Secretary of State for Stephen Lloyd: To ask the Secretary of State for Justice what consideration he has given to extending the Justice (1) if he will provide a breakdown, by jurisdiction, use of litter picking as part of community schemes. of the number of (a) monetary awards and (b) non- [148268] monetary awards made by employment tribunals in (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 to date; [146340] Jeremy Wright: Community Payback requires offenders (2) how many unpaid employment tribunal awards to do unpaid work which benefits the community.Members and Acas settlements have been passed to the High of the public are encouraged to identify Community Court enforcement officers in financial year 2012-13 to Payback work projects for offenders. Public nomination date; how many of those unpaid awards and settlements of work projects helps to ensure that Community Payback (a) have been fully enforced, (b) have been partially provides real benefits to local communities. The enforced, (c) have been enforced with payments in Government plans to increase the number of Community instalments, (d) are still ongoing and (e) have been Payback work projects nominated by members of the closed as unenforceable; [146341] public. (3) pursuant to the answer of 11 June 2012, Official One of the most frequently requested Community Report, column 349W, on Employment Tribunals Payback tasks is the clearance of litter and illegally Service, how many of the unpaid employment tribunal disposed of rubbish—these are ideal tasks to be completed awards and Acas settlements passed to the High Court by offenders undertaking Community Payback. enforcement officers in financial year 2011-12 (a) have now been fully enforced, (b) have now been partially Coroners and Justice Act 2009 enforced, paid in part, (c) have now been enforced with payments in instalments, (d) are still ongoing and (e) Robert Flello: To ask the Secretary of State for have now been closed as unenforceable. [146361] Justice when he intends Section 36 of the Coroners and Justice Act 2009 to be brought into force. [148387] Mrs Grant: The Ministry of Justice publishes, annually and quarterly, statistical data on workload trends in Mrs Grant: I intend to commence Section 36 of the tribunals including employment tribunals. This data Coroners and Justice Act 2009 in the summer, subject to includes that on the volume of complaints presented to, parliamentary timetabling. and disposed by, employment tribunals, broken down Courts: Sunderland by jurisdictional type. However, claims made to employment tribunals can be made up of one or more jurisdictional complaint(s) and, therefore, the volume of jurisdictional Bridget Phillipson: To ask the Secretary of State for complaints disposed in favour of a claimant will not Justice with reference to the answer of 9 February 2011, necessarily correlate to the number of successful claims Official Report, column 241W, on courts: Sunderland, disposed of, or to the volume of monetary awards made what progress has been made on the proposed rebuilding in favour of individual claimants. of court premises in Sunderland; and if he will make a statement. [148557] Monetary awards can be made by employment tribunals where a claimant is successful at a hearing, or wins a Mrs Grant: HM Courts and Tribunals Service continues default judgment. Some information is collated centrally to keep the use of its estate under review to ensure it on the number of monetary awards made but it is only meets operational requirements. Any new investment partial. It includes only information in respect of most proposals, such as the Sunderland scheme, would be (but not necessarily all) complaints about unfair dismissal part of wider considerations of the HMCTS estate as a or discrimination. Data in respect of monetary awards whole. made in other types of claims is not collated centrally or is data on the number of non-monetary awards made. Electronic Tagging To provide it, we would have to trawl, manually, hard copy tribunal files. Accordingly, this could be provided Robert Flello: To ask the Secretary of State for only at disproportionate cost. Justice if he will review the electronic monitoring of The tables set out the number of claims, broken down offenders in the UK. [148428] by jurisdictional type, that were successful at hearing or where default judgment was entered. They also set out, Jeremy Wright: The Ministry of Justice regularly where collated centrally and available, the number of reviews the performance of the electronic monitoring monetary awards that were made in those jurisdictional providers in England and Wales as part of its contract categories. management arrangements. Table 1 covers data for the 2010-11 and 2011-12 We are currently putting out to competition new financial years. Table 2 covers the same information, contracts for the delivery of electronic monitoring services insofar as it is available, for the 2012-13 financial year to in England and Wales. The new contracts will allow us date. It covers only the first two quarters (April to to introduce the most advanced technology, improving September), where information is available to report delivery and providing better value for taxpayers. publicly, in line with Official Statistics protocols. 557W Written Answers18 MARCH 2013 Written Answers 558W

The endnotes to the tables set out further detail to explain how the data was gathered, and the limitations of its reliability.

Number of successful and default judgment claims by jurisdiction for 2010-11 and 2011-12

2010-11 2011-12

Successful Number of Successful Number of 1st jurisdiction Successful at default monetary Successful at default monetary recorded1 hearing judgments awards made2 hearing judgments awards made2

Unfair dismissal 3,400 990 2,600 3,300 920 2,300

Wages Act 2,000 1,200 3— 1,300 1,100 3—

Breach of contract 1,600 840 3— 990 880 3—

Redundancy pay 1,500 1,600 3— 1,800 1,500 3—

Sex discrimination 140 41 170 140 26 170

Race discrimination 72 20 72 76 6 58

Disability 100 21 72 110 10 78 discrimination

Religious belief 8 3 10 0 1 10 discrimination

Sexual orientation 9 3 12 7 1 10 discrimination

Age discrimination 39 6 26 10 10 23

Working time 400 300 3— 340 340 3—

Equal pay 260 1 3—2413—

National minimum 14 6 3—1203— wage

Others 1,800 650 3— 2,300 260 3—

All 11,400 5.600 3— 10,400 5,100 3—

Number of successful and default judgment claims by jurisdiction for 2012-13 2012-13 (year to date, to end of Quarter 2 to September 2012) 1st Jurisdiction recorded1 Successful at hearing Successful Default judgments Number of monetary awards made2

Unfair dismissal 1,600 410 3— Wages Act 670 650 4— Breach of contract 560 440 4— Redundancy pay 660 670 4— Sex discrimination 46 10 3— Race discrimination 32 6 3— Disability 46 10 3— discrimination Religious belief 103— discrimination Sexual orientation 713— discrimination Age discrimination 5 4 3— Working time 180 150 4— Equal pay 1 0 4— National minimum 524— wage 559W Written Answers18 MARCH 2013 Written Answers 560W

Number of successful and default judgment claims by jurisdiction for 2012-13 2012-13 (year to date, to end of Quarter 2 to September 2012) 1st Jurisdiction recorded1 Successful at hearing Successful Default judgments Number of monetary awards made2

Others 1,000 350 4— All 4,800 2,700 3— 1 Where data is drawn from the ET database about types of claims (rather than jurisdictional complaints) disposed of, it relates only to instances where the complaint type reported against was recorded as the first complaint within that claim. E.g. in a multi-jurisdictional claim involving unfair dismissal and sex discrimination, the database will only be able to report on the claim-level (rather than complaint-level) disposal by reference to the first-recorded complaint—in this instance unfair dismissal. Assuming the sex discrimination complaint was also successful, this would not be reported on in the ’Successful at Hearing’ column. 2 Where monetary awards are concerned, the database records awards made in each applicable jurisdictional category. The cumulative number of monetary awards made, therefore, is not necessarily the same as the number of claimants who received monetary awards. Some claimants could have received awards in one claim relating to two (or more) separate complaints, for example. In these statistics, this would be recorded as two separate monetary awards. 3 Not collated centrally. 4 Not yet available. Notes: 1. Figures are rounded to the following conventions: 1000s to the nearest 100; 100s to the nearest 10. 2. Numbers are independently rounded. Source: Employment tribunal database and annual reports (HM Courts and Tribunals Service, Ministry of Justice)

An exercise is currently under way to collect the first trawl, manually, hard copy tribunal files or judgments. six months of data for financial year 2012-13 (April Accordingly, this could be provided only at disproportionate 2012 to September 2012) for the Employment Tribunal cost. Fast Track and these figures will be available by the end of March 2013. Without reliable, centrally collated, management information, it is very difficult to provide an account or Data for the second half of the 2012-13 financial year reliable estimate for the number of awards, or their (October 2012 to March 2013) will be available in value. No estimate is made but the Department for September 2013. Business, Innovation and Skills (BIS) has commissioned I will write to you with the details thereafter on each a research project to examine the reasons behind non- occasion. payment of awards to ensure that any action taken in Pursuant to the answer of 11 June 2012, Official this area is targeted and creates the right incentives. The Report, column 349W, it is not possible to provide an field work is about to commence and the project is due update for those 553 cases which remained subject, as to report in June. of April 2012, to ongoing enforcement activity. While In May 2009, the Ministry of Justice published research, Her Majesty’s Courts and Tribunal Service (HMCTS) conducted by IFF Research Ltd, which considered payment collects data on a quarterly basis regarding the overall and non-payment of employment tribunal awards. That numbers and net outcomes of claimants using the research is available via the Ministry of Justice website Employment Tribunal Fast Track Scheme, it does not at: identify specific cases. It is therefore not possible to track enforcement outcomes for specific cases from http://www.justice.gov.uk/publications/docs/employment- quarter to quarter. tribunal-awards.pdf?type=Finjan- Download&slot=00000156&id=00000D55&location=0A640210 Gordon Birtwistle: To ask the Secretary of State for Justice (1) how many awards for unpaid wages made to Gordon Birtwistle: To ask the Secretary of State for employees through the employment tribunal were not Justice how much awarded to employees through the settled by the employer within (a) six months, (b) one tribunal process for unpaid wages since 2007 remains year or (c) more than one year in each year since 2007; unpaid. [147883] [147808] (2) what estimate he has made of the total amount awarded to employees for unpaid wages through the Mrs Grant: Where an employment tribunal makes a employment tribunal process since 2007. [147879] judgment with an element of a monetary award, that judgment will be issued to the parties involved, and the Mrs Grant: Monetary awards can be made by respondent will be directed to pay as appropriate. If the employment tribunals where a claimant is successful at respondent fails to satisfy that award (i.e. fails to make a hearing, or wins a default judgment. Some information the appropriate payment), the claimant is then able to is collated centrally on the number of monetary awards bring enforcement proceedings through, a civil court. made but it is only partial. It includes only information Therefore the employment tribunal has no means of in respect of most (but not necessarily all) complaints ascertaining what awards are satisfied, and what awards about unfair dismissal or discrimination. Data on monetary are not. Nor would there be any benefit for the claimant awards made in respect of other types of complaints to give that information to the tribunal, as it has no including those where the employer has failed to pay powers to take any further steps. As a result there is no wages or make unauthorised deduction from wages is information held on the number of awards that are not collated centrally. To provide it, we would have to satisfied, or the number that remain unpaid. 561W Written Answers18 MARCH 2013 Written Answers 562W

In May 2009, the Ministry of Justice published research, offences in England and Wales. However, not all offences conducted by IFF Research Ltd, which considered payment are individually reported within the centrally held data. and non-payment of employment tribunal awards. That Offences of wearing military uniforms without authority research is available via the Ministry of Justice website under the Uniforms Act 1894 are reported as part of a at: miscellaneous group of offences, and it is not possible http://www.justice.gov.uk/publications/docs/employment- to separately identify prosecutions for these specific tribunal-awards.pdf?type=Finjan- offences. Download&slot=00000156&id=00000D55&location=0A640210 Statistics for Scotland and Northern Ireland are matters HM Courts and Tribunals Service: Herefordshire for the Scottish Government and the Department of Justice Northern Ireland. Jesse Norman: To ask the Secretary of State for Prisoners Justice which properties are (a) owned and (b) occupied by HM Courts and Tribunal Service Priti Patel: To ask the Secretary of State for Justice (HMCTS) in Herefordshire; whether the properties what (a) European and (b) other international laws, owned are owned by (i) freehold and (ii) leasehold; conventions and directives govern the way the UK what the extent of occupation is of each property; and manages its prison inmates. [147752] whether HMCTS benefits from any leases on each such property. [147672] Jeremy Wright: The Prison Act 1952, the Prison Rules 1999 and the Young Offender Institution Rules Mrs Grant: HM Courts and Tribunals Service occupies 2000 provide the statutory basis upon which prisoners three properties in Herefordshire but does not own any are managed in England and Wales. As public authorities of these. One of the properties it occupies is operated as prisons must also comply with the Human Rights Act a PFI and the two further properties are occupied under 1998 which domestically incorporates the European leasehold agreements. Details of all three properties, Convention on Human Rights. Prisons are a devolved including their extent of occupation, are included in the matter and both Scotland and Northern Ireland are following table. responsible for their own prisons.

Property Extent of occupation Type of occupancy The main European and international measures that influence the way in which prisoners are managed include: Hereford county court 1st floor only (500m2) Leasehold (a) the Council of Europe Convention for the Protection of Hereford Crown court Majority of building Leasehold Human Rights and Fundamental Freedoms, the Council of Europe (1,265m2) Convention for the Prevention of Torture and Inhuman or Degrading Hereford magistrates court Whole building PFI Treatment or Punishment, the EU Charter of Fundamental Rights (1,644m2) and the European Convention on Human Rights. HM Courts and Tribunals Service gains no financial (b) the United Nations International Covenant on Civil and benefits via sublet or Memorandum of Terms of Occupancy Political Rights; and the United Nations Convention against of space at any of these properties. Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (and its Optional Protocol). Motor Vehicles: Insurance Sexual Offences: Witnesses Andy McDonald: To ask the Secretary of State for Justice what undertakings or correspondence he has Keith Vaz: To ask the Secretary of State for Justice had from the insurance industry that motor insurance what information his Department holds on how many premiums will be reduced as a result of lower fixed barristers have been disciplined for their treatment of a recoverable costs in the extended portal; and if he will witness who was testifying that he or she had been place any such correspondence in the Library. [147941] sexually assaulted. [144643]

Mrs Grant: At the Prime Minister’s insurance summit Mrs Grant: We do not hold this information. The on 14 February 2012, the insurance industry undertook discipline of barristers is a matter for the Bar Standards to pass onto customers the savings resulting from the Board, the regulatory arm of the Bar Council. The Bar Government’s commitment to reduce the £1,200 costs Standards Board is independent of Government but currently available to lawyers in the Road Traffic Accident has provided us with the following information. Personal Injury scheme. In line with its commitment, No barristers have been disciplined by the Bar Standards the Government announced on 27 February that these Board for their treatment of a witness who was testifying costs will reduce to £500 on 30 April 2013. that he or she had been sexually assaulted. Personation: Armed Forces Work Capability Assessment: Appeals

Michael Ellis: To ask the Secretary of State for Tom Greatrex: To ask the Secretary of State for Justice how many prosecutions there have been in (a) Justice how many appeals against a work capability the UK and (b) Northamptonshire for crimes of assessment decision were withdrawn following the deception related to the impersonation of armed forces notification of death of the appellant in (a) 2010, (b) personnel in the last 12 months. [147658] 2011, (c) 2012 and (d) 2013 to date. [148627]

Jeremy Wright: The Ministry of Justice Court Mrs Grant: The First-tier Tribunal—Social Security Proceedings Database holds information on defendants and Child Support (SSCS), administered by HM Courts proceeded against, found guilty and sentenced for criminal and Tribunals Service (HMCTS) hears appeals against 563W Written Answers18 MARCH 2013 Written Answers 564W

Department for Work and Pensions decisions on entitlement of the death of an appellant in 2009-10, 2010-11, 2011-12 to employment and support allowance (ESA), decisions and April to September 2012 (the latest period for in which the work capability assessment (WCA) is a which statistics have been published). Appeals can be factor. made against elements of an ESA award made, such as The following table shows the number of ESA (WCA) the rate of entitlement, as well as against the decision to appeals that were withdrawn following the notification refuse ESA.

ESA (WCA) appeals1 that have been withdrawn following notification on the death of the appellant Number of appeals withdrawn following death of the Period ESA (WCA) Appeal receipts in the period2 appellant

April 2009 to March 2010 122,400 5 April 2010 to March 2011 184,800 16 April 2011 to March 2012 165,300 12 April 2012 to September 2012 117,000 6 1 The above table includes previously published data management information and previously published. 2 Data rounded to the nearest hundred.

Youth Courts new court and tribunal facilities in each year since 2001; and how much was spent on each type of facility and each type of court or tribunal. [148443] Robert Flello: To ask the Secretary of State for Justice (1) how much his Department has spent on the Mrs Grant: Owing to machinery of government changes youth courts system in each year since 2001; [148489] and departmental restructures since 2001 the information (2) how much his Department has spent on (a) requested could be obtained only at disproportionate improving existing court and tribunal facilities and (b) cost.

ORAL ANSWERS

Monday 18 March 2013

Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT COMMUNITIES AND LOCAL GOVERNMENT— Brownfield Sites ...... 605 continued Council Tax ...... 599 Housing ...... 601 Council Tax Benefit ...... 596 Local Government Finance ...... 598 Council Tax Benefit ...... 610 Local Government: Savings ...... 600 Council Tax: Pensioner Assistance...... 599 Neighbourhood Planning ...... 607 Energy Efficiency: New Homes...... 608 Planning: Rural Areas...... 604 Fire and Rescue Services ...... 609 Social Housing...... 603 Green Belt...... 595 Topical Questions ...... 610 House Building ...... 606 WRITTEN MINISTERIAL STATEMENTS

Monday 18 March 2013

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS ...... 31WS TREASURY ...... 32WS Industrial Strategy ...... 31WS Counter-Terrorism Act 2008 (Schedule 7)...... 32WS Double Taxation Convention...... 32WS COMMUNITIES AND LOCAL GOVERNMENT.. 34WS Economic Development...... 32WS Regional Planning (Abolition) ...... 34WS Tax Avoidance ...... 34WS

TRANSPORT ...... 35WS WORK AND PENSIONS ...... 36WS EU Transport Council ...... 35WS State Pension Reform...... 36WS WRITTEN ANSWERS

Monday 18 March 2013

Col. No. Col. No. ATTORNEY-GENERAL ...... 363W BUSINESS, INNOVATION AND SKILLS—continued Autonomy...... 363W Trade Unions ...... 520W Chris Huhne and Vicky Pryce ...... 363W Crown Prosecution Service...... 363W CABINET OFFICE...... 423W Leave...... 364W Emergencies ...... 423W Rape: Trials...... 365W Emergency Services: Telephone Services ...... 423W Serious Fraud Office ...... 365W Government Departments: Procurement ...... 423W Leave...... 424W BUSINESS, INNOVATION AND SKILLS ...... 502W Mobile Phones ...... 424W Automation...... 502W Non-departmental Public Bodies ...... 424W Business ...... 504W Pay...... 425W Business: North East...... 503W Public Sector: Databases...... 425W Community Development Finance Institutions ..... 504W Recruitment ...... 425W Construction: ICT ...... 504W Sick Leave ...... 426W Employment: Qualifications ...... 505W Telephone Services...... 426W Film: Festivals and Special Occasions...... 505W Voluntary Work ...... 426W Graduates: Equal Pay ...... 505W Job Creation: Northamptonshire ...... 506W COMMUNITIES AND LOCAL GOVERNMENT.. 475W Leave...... 506W Business Premises: Fires...... 475W Medicine: Research ...... 509W Carbon Monoxide: Poisoning ...... 475W Overseas Trade: Indonesia ...... 509W Common Purpose ...... 476W Overseas Trade: Middle East...... 510W Council Tax Benefit ...... 475W Pay...... 510W Elections ...... 476W Profit Sharing ...... 512W Fire Services...... 476W Recruitment ...... 512W Green Belt...... 477W Regional Growth Fund ...... 513W High Speed 2 Railway Line ...... 477W Research ...... 513W Housing: Sustainable Development ...... 478W Sick Leave ...... 514W Housing: Taxation ...... 478W Sugar ...... 515W Leave...... 478W Telephone Services...... 515W Local Government: Constituencies ...... 479W Termination of Employment...... 518W Local Government: Disclosure of Information...... 480W Trade Competitiveness ...... 517W Local Government Finance: Sefton ...... 479W Trade Promotion...... 517W Local Government Services...... 479W Col. No. Col. No. COMMUNITIES AND LOCAL GOVERNMENT— ENERGY AND CLIMATE CHANGE—continued continued Decarbonisation...... 368W Localism Act 2011 ...... 480W Electricity Generation...... 368W Mutual Societies ...... 480W Green Deal Scheme...... 369W Non-domestic Rates...... 481W Green Deal Scheme: Worcester ...... 370W Planning Permission: Devon ...... 481W Housing: Insulation ...... 370W Right to Buy Scheme: Cumbria ...... 481W Mobile Phones ...... 371W Termination of Employment...... 482W North Sea Oil...... 371W Pay...... 371W CULTURE, MEDIA AND SPORT ...... 384W Recruitment ...... 375W Broadband ...... 384W Redundancy Pay ...... 376W Broadband: Rural Areas ...... 385W Sick Leave ...... 377W Digital Technology...... 385W Telephone Services...... 379W Gambling...... 385W Temporary Employment ...... 380W Gaming Machines...... 386W Termination of Employment...... 381W High Speed 2 Railway Line ...... 386W Utilities: Meters ...... 383W Internet ...... 386W Warm Front Scheme: Kingston upon Hull...... 384W Mobile Phones ...... 387W Wind Power ...... 383W Public Libraries...... 387W Social Networking ...... 387W ENVIRONMENT, FOOD AND RURAL Telecommunications ...... 388W AFFAIRS...... 389W Telephone Services...... 388W Animal Welfare: Sports...... 389W Theatre: Young People ...... 388W Animals: Tagging ...... 390W Tourism...... 389W Badgers ...... 390W Tourism: VAT ...... 389W Beef...... 390W Beef: Horse Meat ...... 391W DEFENCE...... 435W Bovine Tuberculosis ...... 392W Afghanistan ...... 435W Dangerous Dogs ...... 392W Africa...... 435W Horse Passports ...... 393W Armed Forces: Donors...... 436W Marine Conservation Zones...... 393W Armed Forces: Engineers ...... 436W Packaging: Recycling ...... 393W Armed Forces: Scotland...... 437W Schmallenberg Virus ...... 393W Army: Scotland...... 437W Clyde Naval Base ...... 437W FOREIGN AND COMMONWEALTH OFFICE..... 463W Defence Suppliers Forum...... 437W Afghanistan ...... 463W Historical Enquiries Team ...... 438W Anti-Semitism...... 465W HMS Duncan ...... 438W Bangladesh...... 465W HMS Tireless ...... 438W British Nationals Abroad: Hostage Taking ...... 466W Marchwood Military Port...... 438W EU Budget ...... 466W Military Police ...... 439W European Commission...... 467W North Africa ...... 439W Falkland Islands...... 467W RAF Leuchars ...... 440W Gibraltar...... 467W Reserve Forces ...... 441W Human Rights ...... 468W Reserve Forces: Recruitment...... 441W Japan...... 468W Sick Leave ...... 442W Maldives ...... 469W Telephone Services...... 443W Middle East ...... 469W Veterans: Training...... 444W Occupied Territories...... 471W Wind Power ...... 444W Palestinians ...... 471W Syria...... 471W DEPUTY PRIME MINISTER ...... 395W Telephone Services...... 472W Constituencies...... 395W Tibet ...... 472W Electoral Register...... 395W Treaties...... 473W Electoral Register: Clwyd...... 395W Vatican...... 474W

EDUCATION...... 444W HEALTH...... 520W Education Maintenance Allowance...... 444W Alexandra Hospital Redditch ...... 520W Hetton School...... 445W Continuing Care ...... 521W ICT: Teachers...... 445W Dental Services: Birmingham...... 521W Primary Education: Admissions...... 446W Dietary Supplements: EU Law...... 522W Primary Education: Croydon ...... 447W Health Services: Foreign Nationals ...... 522W Pupils: Disadvantaged...... 447W Horses: Slaughterhouses ...... 522W School Leaving...... 448W Hospices: East of England...... 523W Schools: Croydon...... 449W Hospital Beds...... 523W Schools: Greater London...... 449W Hospitals: Construction...... 524W Schools: Repairs and Maintenance ...... 450W Leave...... 525W Vocational Education...... 450W Mental Illness: Young People...... 525W Young People: Unemployment...... 450W Mid Staffordshire NHS Foundation Trust ...... 525W Mobile Phones ...... 526W ENERGY AND CLIMATE CHANGE ...... 366W NHS Direct...... 526W Biofuels...... 366W NHS: Pay...... 527W Carbon Capture and Storage: Yorkshire ...... 367W NHS Shared Business Services...... 526W Col. No. Col. No. HEALTH—continued PRIME MINISTER—continued Overtime ...... 528W Food Banks...... 410W Phenylbutazone...... 529W India ...... 410W Recruitment ...... 530W Iraq Committee of Inquiry ...... 411W Royal National Orthopaedic Hospital...... 529W Office of the Quartet Representative...... 411W Sick Leave ...... 532W Telephone Services...... 533W SCOTLAND...... 401W Termination of Employment...... 534W Leave...... 401W Tobacco: Retail Trade ...... 537W Pay...... 402W Plants...... 403W HOME DEPARTMENT...... 412W Recruitment ...... 404W Alcoholic Drinks: Prices ...... 412W Sick Leave ...... 404W Communications Data Bill (Draft)...... 412W Sovereignty ...... 405W Crime Prevention: Wales...... 412W Telephone Services...... 405W Customs...... 415W Termination of Employment...... 405W Customs: Drugs ...... 415W European Convention On Human Rights ...... 416W TRANSPORT ...... 454W Human Trafficking ...... 416W Aviation: Wind Power ...... 454W Immigration Controls ...... 417W Channel Tunnel Railway Line ...... 454W Organised Crime: Females ...... 417W Croydon Tramlink...... 454W Racially Aggravated Offences...... 417W Driver and Vehicle Licensing Agency...... 455W Staff ...... 418W Leave...... 456W Sussex Police ...... 418W Motor Vehicles: Exhaust Emissions ...... 456W Written Questions: Government Responses ...... 418W Railways: Franchises ...... 457W Railways: Industrial Disputes...... 457W INDEPENDENT PARLIAMENTARY Roads: East Sussex...... 458W STANDARDS AUTHORITY COMMITTEE ...... 419W Shipping: Exhaust Emissions ...... 458W Staff ...... 419W Shipping: Liquefied Natural Gas ...... 459W Shipping: Qualifications...... 460W INTERNATIONAL DEVELOPMENT...... 427W Shipping: Training ...... 460W British Overseas Territories...... 427W Sick Leave ...... 460W Consultants...... 427W Termination of Employment...... 462W Leave...... 428W West Coast Railway line...... 463W Middle East ...... 428W Palestinians ...... 428W TREASURY ...... 419W Pay...... 430W Air Passenger Duty: Caribbean...... 419W Procurement...... 431W Banks: Loans ...... 419W Recruitment ...... 433W Child Benefit Office ...... 420W Sick Leave ...... 433W Child Trust Fund ...... 420W Syria...... 434W Economic and Monetary Union ...... 421W Termination of Employment...... 436W Foreign Companies...... 421W PAYE...... 421W JUSTICE...... 538W Sick Leave ...... 422W Alcoholic Drinks: Crime...... 538W Tax Allowances...... 423W Alternatives to Prison...... 553W British Overseas Territories...... 554W Buildings...... 554W WALES...... 405W Community Orders ...... 555W Budget March 2013...... 405W Coroners and Justice Act 2009 ...... 555W Commission on Devolution in Wales ...... 406W Courts: Sunderland...... 555W Domestic Visits ...... 406W Electronic Tagging ...... 555W Housing Benefit: Social Rented Housing ...... 406W Employment Tribunals Service...... 556W Leave...... 406W HM Courts and Tribunals Service: Herefordshire .. 561W National Assembly for Wales ...... 407W Motor Vehicles: Insurance ...... 561W Pay...... 407W Personation: Armed Forces...... 561W Recruitment ...... 407W Prisoners ...... 562W Severn River Crossing ...... 408W Sexual Offences: Witnesses...... 562W Sick Leave ...... 408W Work Capability Assessment: Appeals ...... 562W Social Security Benefits: Disability...... 409W Youth Courts ...... 563W Telephone Services...... 409W Termination of Employment...... 410W NORTHERN IRELAND ...... 396W Trade Unions ...... 409W Job Creation...... 396W Universal Credit...... 409W Leave...... 396W Pay...... 397W WORK AND PENSIONS ...... 482W Recruitment ...... 399W Carbon Monoxide: Alarms...... 482W Sick Leave ...... 399W Credit Unions ...... 483W Telephone Services...... 401W Disability Living Allowance...... 483W Termination of Employment...... 401W Disability Living Allowance: Greater Manchester.. 483W Terrorism ...... 401W Electronic Government ...... 483W Employment and Support Allowance ...... 484W PRIME MINISTER ...... 410W Employment and Support Allowance: Worthing.... 484W Climate Change ...... 410W Employment Schemes ...... 485W Col. No. Col. No. WORK AND PENSIONS—continued WORK AND PENSIONS—continued Habitual Residence Test...... 485W Remploy...... 495W Hostels: Females ...... 486W Social Fund: Greater Manchester ...... 497W Housing Benefit: Social Rented Housing ...... 486W Social Security Benefits...... 498W Housing Benefit: Wales...... 487W Social Security Benefits: Disability...... 498W Income Support ...... 487W Social Security Benefits: Mental Illness...... 499W Independent Living Fund: Wales ...... 488W Unemployment: Young People...... 500W Jobcentre Plus ...... 488W Universal Credit...... 500W Jobseeker’s Allowance ...... 490W Work Capability Assessment...... 502W Pensioners...... 490W Work Programme...... 502W Poverty...... 491W Members who wish to have the Daily Report of the Debates forwarded to them should give notice at the Vote Office. The Bound Volumes will also be sent to Members who similarly express their desire to have them. No proofs of the Daily Reports can be supplied. 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not later than Monday 25 March 2013

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CONTENTS

Monday 18 March 2013

Oral Answers to Questions [Col. 595] [see index inside back page] Secretary of State for Communities and Local Government

Cyprus [Col. 617] Statement—(Greg Clark)

Royal Charter on Press Conduct [Col. 630] Emergency debate under Standing Order No. 24

Crime and Courts Bill [Lords] [Col. 681] Programme motion (No. 3)—(Mr Lansley)—on a Division, agreed to As amended, further considered; read the Third time and passed

Under-occupancy Penalty (Nottingham) [Col. 765] Debate on motion for Adjournment

Written Ministerial Statements [Col. 31WS]

Written Answers to Questions [Col. 363W] [see index inside back page]