Monday Volume 497 12 October 2009 No. 121

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES ()

Monday 12 October 2009

£5·00 © Parliamentary Copyright House of Commons 2009 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through the Office of Public Sector Information website at www.opsi.gov.uk/click-use/ Enquiries to the Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] HER MAJESTY’S GOVERNMENT

MEMBERS OF THE CABINET

(FORMED BY THE RT.HON.,MP,JUNE 2007)

PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt. Hon. Gordon Brown, MP LEADER OF THE HOUSE OF COMMONS,LORD PRIVY SEAL AND MINISTER FOR WOMEN AND EQUALITY—The Rt. Hon. , QC, MP ,SECRETARY OF STATE FOR BUSINESS,INNOVATION AND SKILLS AND LORD PRESIDENT OF THE COUNCIL—The Rt. Hon. The Lord Mandelson CHANCELLOR OF THE EXCHEQUER—The Rt. Hon. , MP SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS—The Rt. Hon. , MP SECRETARY OF STATE FOR JUSTICE AND LORD CHANCELLOR—The Rt. Hon. , MP SECRETARY OF STATE FOR THE HOME DEPARTMENT—The Rt. Hon. , MP SECRETARY OF STATE FOR ENVIRONMENT,FOOD AND RURAL AFFAIRS—The Rt. Hon. , MP SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT—The Rt. Hon. , MP SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT—The Rt. Hon. , MP SECRETARY OF STATE FOR CHILDREN,SCHOOLS AND FAMILIES—The Rt. Hon. , MP SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE—The Rt. Hon. Edward Miliband, MP SECRETARY OF STATE FOR HEALTH—The Rt. Hon. , MP SECRETARY OF STATE FOR NORTHERN —The Rt. Hon. , MP LEADER OF THE HOUSE OF LORDS AND CHANCELLOR OF THE DUCHY OF LANCASTER —The Rt. Hon. The Baroness Royall of Blaisdon MINISTER FOR THE AND FOR THE OLYMPICS, AND —The Rt. Hon. , MP (Minister for )* SECRETARY OF STATE FOR —The Rt. Hon. , MP SECRETARY OF STATE FOR WORK AND PENSIONS—The Rt. Hon. , MP CHIEF SECRETARY TO THE TREASURY—The Rt. Hon. , MP SECRETARY OF STATE FOR WALES—The Rt. Hon. , MP SECRETARY OF STATE FOR DEFENCE—The Rt. Hon. , MP SECRETARY OF STATE FOR TRANSPORT—The Rt. Hon The Lord Adonis SECRETARY OF STATE FOR CULTURE,MEDIA AND SPORT—The Rt. Hon. , MP

DEPARTMENTS OF STATE AND MINISTERS Business, Innovation and Skills— SECRETARY OF STATE—The Rt. Hon. The Lord Mandelson § MINISTERS OF STATE— Minister for Business, Innovation and Skills—The Rt. Hon. Pat McFadden, MP Minister for Science and Innovation—The Rt. Hon. The Lord Drayson § Minister for Regional Economic Development and Co-ordination—The Rt. Hon. , MP (Minister for Yorkshire and the Humber)* § Minister for Trade, Investment and Small Business—The Lord Davies of Abersoch, CBE § Minister for Higher Education and Intellectual Property—The Rt. Hon. , MP Minister for Further Education, Skills, Apprenticeships and Consumer Affairs—Kevin Brennan, MP § PARLIAMENTARY UNDER-SECRETARIES OF STATE— The Rt. Hon , MP § The Lord Young of Norwood Green , MP Cabinet Office— MINISTER FOR THE CABINET OFFICE AND FOR THE OLYMPICS, AND PAYMASTER GENERAL—The Rt. Hon. Tessa Jowell, MP (Minister for London)* —The Rt. Hon. Angela E Smith, MP Children, Schools and Families— SECRETARY OF STATE—The Rt. Hon. Ed Balls, MP MINISTERS OF STATE— Minister for Children, Young People and Families—The Rt. Hon. , MP Minister for Schools and Learners—, MP Kevin Brennan, MP § PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP The Baroness Morgan of Drefelin Diana R Johnson, MP ii HER MAJESTY’S GOVERNMENT—cont.

Communities and Local Government— SECRETARY OF STATE—The Rt. Hon. John Denham, MP MINISTERS OF STATE— Minister for Regional Economic Development and Co-ordination—The Rt. Hon. Rosie Winterton, MP (Minister for Yorkshire and the Humber)* § Minister for Housing—The Rt. Hon. , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Barbara Follett, MP (Minister for the East of )* Shahid Malik, MP , MP (Minister for the West Midlands)* The Lord McKenzie of Luton § Culture, Media and Sport— SECRETARY OF STATE—The Rt. Hon. Ben Bradshaw, MP MINISTER OF STATE—The Rt. Hon. , MBE, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Gerry Sutcliffe, MP Siôn Simon, MP Defence— SECRETARY OF STATE—The Rt. Hon. Bob Ainsworth, MP MINISTERS OF STATE— Minister for the Armed Forces—, MP The Rt. Hon. The Lord Drayson § PARLIAMENTARY UNDER-SECRETARIES OF STATE— The Rt. Hon. The Baroness Taylor of Bolton § Quentin Davies, MP , MP Duchy of Lancaster— CHANCELLOR OF THE DUCHY OF LANCASTER AND LEADER OF THE HOUSE OF LORDS—The Rt. Hon. The Baroness Royall of Blaisdon Energy and Climate Change— SECRETARY OF STATE—The Rt. Hon. Edward Miliband, MP MINISTERS OF STATE— The Rt. Hon. The Lord Hunt of Kings Heath, OBE Joan Ruddock, MP PARLIAMENTARY UNDER-SECRETARY OF STATE— , MP Environment, Food and Rural Affairs— SECRETARY OF STATE—The Rt. Hon. Hilary Benn, MP MINISTER OF STATE— Jim Fitzpatrick, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Huw Irranca-Davies, MP Dan Norris, MP The Rt. Hon. The Lord Davies of Oldham § Foreign and Commonwealth Office— SECRETARY OF STATE—The Rt. Hon. David Miliband, MP MINISTERS OF STATE— Minister for Europe—The Baroness Kinnock of Holyhead Minister for Trade, Investment and Small Business—The Lord Davies of Abersoch, CBE § , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP The Rt. Hon. The Baroness Taylor of Bolton § Government Equalities Office— MINISTER FOR WOMEN AND EQUALITY—The Rt. Hon. Harriet Harman, QC, MP § MINISTER OF STATE—, MP § PARLIAMENTARY SECRETARY—Michael Jabez Foster, MP (Hastings and Rye) Health— SECRETARY OF STATE—The Rt. Hon. Andy Burnham, MP MINISTERS OF STATE— The Rt. Hon. Mike O’Brien, QC, MP Phil Hope, MP (Minister for the East Midlands)* , MP PARLIAMENTARY UNDER-SECRETARY OF STATE— , MP HER MAJESTY’S GOVERNMENT—cont. iii

Home Office— SECRETARY OF STATE—The Rt. Hon. Alan Johnson, MP MINISTERS OF STATE— Minister for Borders and Immigration—, MP (Minister for the North West)* § , Crime and Counter-—The Rt. Hon. David Hanson, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Admiral The Lord West of Spithead, GCB DSC , MP Alan Campbell, MP The Lord Brett §

International Development— SECRETARY OF STATE—The Rt. Hon. Douglas Alexander, MP MINISTER OF STATE—Gareth Thomas, MP PARLIAMENTARY UNDER-SECRETARY OF STATE— Michael Foster, MP (Worcester) Justice— SECRETARY OF STATE—The Rt. Hon. Jack Straw, MP MINISTERS OF STATE— The Rt. Hon. Michael Wills, MP Maria Eagle, MP § PARLIAMENTARY UNDER-SECRETARIES OF STATE— Bridget Prentice, MP The Lord Bach Claire Ward, MP Law Officers’ Department— ATTORNEY-GENERAL—The Rt. Hon. The Baroness Scotland of Asthal, QC SOLICITOR-GENERAL—Vera Baird, QC, MP ADVOCATE-GENERAL FOR SCOTLAND—The Lord Davidson of Glen Clova, QC Leader of the House of Commons— LEADER OF THE HOUSE OF COMMONS,LORD PRIVY SEAL AND MINISTER FOR WOMEN AND EQUALITY—The Rt. Hon. Harriet Harman, QC, MP § PARLIAMENTARY SECRETARY,OFFICE OF THE LEADER OF THE HOUSE OF COMMONS— , MP Northern Ireland— SECRETARY OF STATE—The Rt. Hon. Shaun Woodward, MP MINISTER OF STATE— The Rt. Hon. Paul Goggins, MP Privy Council Office— LORD PRESIDENT OF THE COUNCIL,FIRST SECRETARY OF STATE AND SECRETARY OF STATE FOR BUSINESS,INNOVATION AND SKILLS—The Rt. Hon. The Lord Mandelson § Scotland Office— SECRETARY OF STATE—The Rt. Hon. Jim Murphy, MP PARLIAMENTARY UNDER-SECRETARY OF STATE— Ann McKechin, MP Transport— SECRETARY OF STATE—The Rt. Hon. The Lord Adonis MINISTER OF STATE—The Rt. Hon. , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP Chris Mole, MP Treasury— PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt. Hon. Gordon Brown, MP CHANCELLOR OF THE EXCHEQUER—The Rt. Hon. Alistair Darling, MP CHIEF SECRETARY—The Rt. Hon. Liam Byrne, MP FINANCIAL SECRETARY—The Rt. Hon. Stephen Timms, MP § MINISTER OF STATE—Phil Woolas, MP (Minister for the North West)* § ECONOMIC SECRETARY—, MP EXCHEQUER SECRETARY—Sarah McCarthy-Fry, MP PARLIAMENTARY SECRETARY—The Rt. Hon. Nicholas Brown, MP (Minister for the North East)* FINANCIAL SERVICES SECRETARY—The Lord Myners, CBE iv HER MAJESTY’S GOVERNMENT—cont.

LORDS COMMISSIONERS— Frank Roy, MP Steve McCabe, MP Dave Watts, MP Tony Cunningham, MP , MP ASSISTANT WHIPS— Mark Tami, MP , MP George Mudie, MP John Heppell, MP , MP , MP , MP Kerry McCarthy, MP David Wright, MP Wales Office— SECRETARY OF STATE—The Rt. Hon. Peter Hain, MP PARLIAMENTARY UNDER-SECRETARY OF STATE— , MP Work and Pensions— SECRETARY OF STATE—The Rt. Hon. Yvette Cooper, MP MINISTERS OF STATE— Minister for Employment and Welfare Reform—The Rt. Hon. , MP (Minister for the South West)* Minister for Pensions and the Ageing Society—, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Jonathan Shaw, MP (Minister for the South East)* , MP The Lord McKenzie of Luton § Her Majesty’s Household— LORD CHAMBERLAIN—The Rt. Hon. The Earl Peel, GCVO, DL LORD STEWARD—The Earl of Dalhousie MASTER OF THE HORSE—The Rt. Hon. The Lord Vestey, KCVO TREASURER—The Rt. Hon. Thomas McAvoy, MP COMPTROLLER—The Rt. Hon. , MP VICE-CHAMBERLAIN—Helen Jones, MP CAPTAIN OF THE HONOURABLE CORPS OF GENTLEMEN-AT-ARMS—The Lord Bassam of Brighton CAPTAIN OF THE QUEEN’S BODYGUARD OF THE YEOMEN OF THE GUARD—The Rt. Hon. The Lord Davies of Oldham § LORDS IN WAITING—The Lord Tunnicliffe, The Lord Young of Norwood Green, The Lord Brett §, The Lord Faulkner of Worcester BARONESSES IN WAITING—The Baroness Farrington of Ribbleton, The Baroness Thornton, The Baroness Crawley § Members of the Government with responsibilities in more than one area * Regional Ministers (in addition to other ministerial responsibilities) Full list: Ministers for the English Regions— Ian Austin, MP (Minister for the West Midlands) The Rt. Hon. Nicholas Brown, MP (Minister for the North East) Barbara Follett, MP (Minister for the East of England) Phil Hope, MP (Minister for the East Midlands) The Rt. Hon. Tessa Jowell, MP (Minister for London) The Rt. Hon. Jim Knight, MP (Minister for the South West) Jonathan Shaw, MP (Minister for the South East) The Rt. Hon. Rosie Winterton, MP (Minister for Yorkshire and the Humber) Phil Woolas, MP (Minister for the North West)

SECOND CHURCH ESTATES COMMISSIONER,REPRESENTING CHURCH COMMISSIONERS—Sir Stuart Bell, MP HOUSE OF COMMONS THE SPEAKER—The Rt. Hon. , MP CHAIRMAN OF WAYS AND MEANS—The Rt. Hon. Sir Alan Haselhurst, MP FIRST DEPUTY CHAIRMAN OF WAYS AND MEANS—Sylvia Heal, MP SECOND DEPUTY CHAIRMAN OF WAYS AND MEANS—Sir , MP CHAIRMEN’S PANEL Mr. David Amess, MP, Janet Anderson, MP, Mr. Peter Atkinson, MP, , MP, Miss Anne Begg, MP, Mr. Joe Benton, MP, Mr. , MP, Mr. Graham Brady, MP, Sir John Butterfill, MP, Mr. Martin Caton, MP, Mr. Christopher Chope, MP, Frank Cook, MP, John Cummings, MP, Mrs. Janet Dean, MP, Mr. , MP, Christopher Fraser, MP, Mr. Roger Gale, MP, Mr. Mike Hancock, MP, Mr. Jim Hood, MP, The Rt. Hon. George Howarth, MP, Mrs. Joan Humble, MP, Mr. , MP, Mr. Martyn Jones, MP, Robert Key, MP, Dr. William McCrea, MP, Mr. Eric Martlew, MP, Mr. Edward O’Hara, MP, Mr. Bill Olner, MP, Mr. Greg Pope, MP, Bob Russell, MP, Jim Sheridan, MP, Mr. Gary Streeter, MP, David Taylor, MP, Joan Walley, MP, Mr. Mike Weir, MP, Hywel Williams, MP, Mr. David Wilshire, MP, Ann Winterton, MP, Sir Nicholas Winterton, MP HOUSE OF COMMONS COMMISSION The Rt. Hon. The Speaker (Chairman), Sir Stuart Bell, MP, The Rt. Hon. Harriet Harman, QC, MP, Nick Harvey, MP, The Rt. Hon. David Maclean, MP, The Rt. Hon. Sir George Young, MP SECRETARY OF THE COMMISSION—Dorian Gerhold ASSISTANT SECRETARY—Robert Cope ADMINISTRATION ESTIMATE AUDIT COMMITTEE , MP (Chairman), Clive Betts, MP, Nick Harvey, MP, Mark Clarke, Alex Jablonowski, David Taylor SECRETARY OF THE AUDIT COMMITTEE—Hannah Weston, PhD MANAGEMENT BOARD Malcolm Jack, PhD (Chief Executive), Robert Rogers (Director General, Chamber and Committee Services), John Pullinger (Director General, Information Services), Andrew Walker (Director General, Resources), John Borley, CB (Director General, Facilities), Joan Miller (Director of Parliamentary ICT) (External Member), Alex Jablonowski (External Member) SECRETARY OF THE MANAGEMENT BOARD—Philippa Helme SPEAKER’S SECRETARY—Angus Sinclair SPEAKER’S COUNSEL—Michael Carpenter SPEAKER’S CHAPLAIN—Rev. Canon Robert Wright MEDICAL ADVISER TO THE SPEAKER—Dr. Ron Zeegen, OBE, FRCP, MRCS, DObst, RCOG PARLIAMENTARY COMMISSIONER FOR STANDARDS—John Lyon, CB PARLIAMENTARY SECURITY CO-ORDINATOR—Peter Mason

12 October 2009

THE PARLIAMENTARY DEBATES OFFICIAL REPORT

IN THE FOURTH SESSION OF THE FIFTY-FOURTH PARLIAMENT OF THE OF GREAT BRITAIN AND NORTHERN IRELAND [WHICH OPENED 11 MAY 2005]

FIFTY-EIGHTH YEAR OF THE REIGN OF HER MAJESTY QUEEN ELIZABETH II

SIXTH SERIES VOLUME 497 THIRTEENTH VOLUME OF SESSION 2008-2009

5. Mr. Shailesh Vara (North-West Cambridgeshire) House of Commons (Con): What recent assessment he has made of the sustainability of provision in the child care sector. Monday 12 October 2009 [292196]

The House met at half-past Two o’clock The Parliamentary Under-Secretary of State for Children, Schools and Families (Mr. Iain Wright): With your PRAYERS permission, Mr. Speaker, I shall answer question 1 with question 5. We monitor the child care market, including the [MR.SPEAKER in the Chair] sustainability of provision, on an ongoing basis through Mr. Speaker: The House will be aware of the protest regular surveys, and feedback from local authorities, on the roof of Westminster Hall. For very good reasons Government offices and partner organisations. Local we do not discuss matters of security in this Chamber, authorities have substantial Government revenue and but I wanted to say to the House at the first opportunity capital funding to help to ensure that providers in their that I have had a preliminary report and the full areas remain sustainable while continuing to give children circumstances are now being investigated urgently and the best start in life and provide invaluable support to thoroughly. The results of that investigation will be their parents. considered by a meeting of the Joint Committee on Security in the very near future. Whatever action is Mr. Speaker: I apologise: I did not hear the Minister necessary will be taken. say that question 1 was grouped, but if he did I am very Secondly, as I emphasised before the recess, I repeat grateful to him. that I am keen to make good both at Question Time and in the conduct of ministerial statements. I am John Howell: My constituents, like those of others, therefore looking to each Member to ask a single, short benefit from a mixed market in child care provision, supplementary question and to the Minister at the which includes state, private, voluntary and independent Dispatch Box to provide a brief reply. providers. Will the Minister therefore not show some shame for the way his and the Government’s policies have plunged a third of providers into the red and left parents, other providers and the sector as a whole in a Oral Answers to Questions great state of uncertainty?

Mr. Wright: It is lovely to see the hon. Gentleman CHILDREN, SCHOOLS AND FAMILIES back from the break as well. In 1997, something like £1 billion a year was provided for child care; now the The Secretary of State was asked— figure is £4 billion; and 470,000 families now get direct child care support through the tax credits system, at an Child Care average of about £68 a week. The long-term viability of nurseries and child care provision has been enhanced as 1. John Howell (Henley) (Con): What recent a result of legislative strengthening by this Government, assessment he has made of the sustainability of as well as increased and unprecedented resources. I provision in the child care sector; and if he will make a would have thought that the hon. Gentleman and his statement. [292191] constituents would thank the Government for that. 3 Oral Answers12 OCTOBER 2009 Oral Answers 4

Mr. Vara: Child minders provide invaluable child that is given to thousands of hard-working parents, care for many parents. Notwithstanding what the Minister most of whom are basic-rate taxpayers. Are the Government has said, 40,000 people have left the profession since not trying to create an illusion of progress when they 1997. What are the Government going to do to ensure are in fact axing one child care policy to pay for another? that more parents can avail themselves of such provision, What further cuts is the Minister planning to make to particularly because they prefer and rely on it? fund the rest of the Prime Minister’s announcement?

Mr. Wright: People will leave the market and the Mr. Wright: I completely disagree with what the hon. sector for various reasons, whether personal or otherwise. Lady said. The expansion of free places for two-year-olds That is just common sense. However, in respect of free is fully funded through savings by, as she says, phasing provision for three and four-year-olds and the additional out tax relief on child care vouchers. That is at no extra roll-out that we want in order to ensure free provision cost to the taxpayer. I have to say, however, that the for two-year-olds, let me say to the hon. Gentleman, savings to the taxpayer are disproportionately given to whom I respect a great deal, that there is now more the more well-off families—the figure is in the region of opportunity than ever for parents, families and carers to 6 per cent. We will continue to make sure that we invest have appropriate, high-quality child care provision. I in high-quality child care for low and middle-income hope that the hon. Gentleman will support that, as families because all the evidence shows that that is vital opposed to sniping at what is a good and enviable for improving outcomes. If the hon. Lady wants to record. continue to narrow her focus on the highest earners, that is up to her, but the Government are on the side of Mr. (Huddersfield) (Lab/Co-op): My low and middle-income Britain. hon. Friend will know that this Government have an amazing record on child care provision, but there is now ContactPoint a worry: at the same time as we applaud reaching down to two-year-olds, how do we guarantee quality under 2. Jo Swinson (East Dunbartonshire) (LD): What the new arrangements? recent progress has been made on the roll-out of the ContactPoint database; and if he will make a Mr. Wright: My hon. Friend, who is obviously very statement. [292193] knowledgeable about the issue through his chairmanship of the Select Committee on Children, Schools and The Minister of State, Department for Children, Schools Families, makes an important point. The inspection and Families (Kevin Brennan): Significant progress has and regulatory regime that we have put in place with been made on ContactPoint. We are receiving promising Ofsted will ensure that we can enhance quality and, at feedback from early adopter areas about how ContactPoint the same time, sustain funding and investment or increase is helping people who work with children to identify them wherever possible. For example, local authorities problems and prevent them from escalating. From late have more than £1 billion at their disposal in capital and October, local authorities can start training ContactPoint revenue funding to ensure the sustainability of the child users across England. care provision available in their areas. Jo Swinson: I thank the Minister for that reply but, Mrs. Joan Humble (Blackpool, North and Fleetwood) given the Government’s record on data protection, does (Lab): Is my hon. Friend aware that many of my he not see that ContactPoint risks information on millions constituents access child care through the Government’s of children falling into the wrong hands, fails to protect excellent children’s centres, and will he confirm those children and should be scrapped? the Government’s commitment to those centres, which provide not only high-quality child care but the necessary Kevin Brennan: Instead of reading the scare stories in support to parents? the papers, the hon. Lady should get off her high horse and talk to some of the early adopters who are using Mr. Wright: Like Blackpool, Hartlepool has benefited the system already. Let me quote one of them to her. A enormously from Sure Starts—indeed, I think that every consultant paediatrician working with children at the single constituency in the country has. The Government Countess of Chester hospital in Chester said: remain committed to ensuring that more than 3,000 Sure “ContactPoint was a very easy tool to use. It allowed me to Starts and children’s centres are provided in this country. rapidly access relevant information about a child in who there was The scheme has provided for a revolution in child care suspected non-accidental injury. This information was invaluable provision, allowing the earliest and best possible start in guiding further management and the whole process took less for our children, which will put them on a road of than five minutes whereas previously a lot of time would have improvement and attainment throughout their lives. I been spent making phone calls and trying to track people down would have hoped that the whole House supported such for information.” an important measure, but it is fair to say that the The hon. Lady should talk to the people who are using Opposition support the abolition of Sure Start and will ContactPoint. not commit to funding for it. Tim Loughton (East Worthing and Shoreham) (Con): Mrs. Maria Miller (Basingstoke) (Con): At last year’s I could quote to the Minister several consultant Labour conference, the Prime Minister tried to grab the paediatricians who think that their job of dealing with headlines by announcing the extension of the early child protection will be compromised by the use of years free entitlement to all two-year-olds. This year’s ContactPoint. Will the Minister therefore confirm how conference revealed that the Government will pay for many people have applied to have their children’s details that policy by scrapping the help with child care costs shielded on ContactPoint and how many of them are 5 Oral Answers12 OCTOBER 2009 Oral Answers 6

Ministers—including himself, perhaps? If he is completely will then be able to join those in Hampshire, East happy with the security arrangements surrounding Sussex and Plymouth who have welcomed new academies, ContactPoint, will he now undertake to publish in full which will allow us to continue to raise standards in our the data security review on ContactPoint carried out by secondary schools. Deloittes, which he has declined to publish since February last year? Susan Kramer () (LD): Will the Secretary of State please give an assurance that where an academy Kevin Brennan: I look forward to hearing the names is in process, but that process has not been completed—I of the consultants who, according to the hon. Gentleman, am thinking of Sheen school in my constituency—funding say that ContactPoint will threaten children’s safety. will remain committed to it and will not be removed There was a time when the Conservative party, having under any deficit-cutting programme? appropriately opposed a policy going through the House, would not then write to local Tory councillors deliberately Ed Balls: I have made it clear that I am accelerating to undermine its implementation. This shows why the the academies programme and accelerating secondary Tories are not fit to govern. school improvement. There is no question of having any cuts in our academies or school improvement funding Academies this year or next. While the consultation is ongoing, there will be no cuts from this party. The question is whether the other parties can make the same commitment, 3. Mr. Edward Vaizey (Wantage) (Con): What recent and I am afraid that the answer is no. assessment he has made of the progress of the academy programme; and if he will make a statement. [292194] Mr. (Bury, North) (Lab): As the number of academies increases, is it not particularly important The Secretary of State for Children, Schools and that they all comply fully with the schools admissions Families (Ed Balls): This summer’s excellent GSCE code? Is the Secretary of State absolutely convinced results include our open academies once again achieving that all parties in the House understand the importance a faster improvement in the proportion of pupils getting of compliance with that code? five good GCSEs than the average national improvement rate. I can tell the House that I have approved Ed Balls: I toughened up the schools admissions code four new academy projects in Hampshire, East Sussex last year and changed the regulations. I am very clear and Plymouth. I can also confirm that I approved a that all schools—whether they be maintained, faith further 15 academy projects over the summer recess. schools or academies—must comply fully with the code. When I did so, however, I was attacked by the Conservative Mr. Vaizey: If the Secretary of State is such an Members for my actions, so I am afraid that I cannot enthusiast for the academies programme, why does he give my hon. Friend the assurance he mentioned. I will not extend it to primary schools, as my party is pledged deliver fair admissions, but they will not. to do? In fact, why is he going in the opposite direction, with his own Ministers saying that such an extension Mr. (Yeovil) (LD): The Secretary of State would send a shiver down the spine of parents? has already indicated that funding will be crucial to the development of the academies programme. In September, Ed Balls: There are a number of very successful he gave an interview to in which he all-through academies that are combining secondary said that he was planning to cut £2.2 billion from the and primary provision, but we have made it absolutely schools budget and that those plans had been in train clear that the massive diversion of resources away from within his Department for several months. Will he our primary and secondary schools in order to extend therefore, first, tell us when he gave the directive to his the cost of expanding academies to primary schools Department to look into the cuts; and, secondly, will he would not be value for money; it would be very disruptive now publish the list of the proposed cuts that he went and not the right thing to do if we are trying to raise through with The Sunday Times journalists? standards in our primary schools. Ed Balls: It is very interesting to hear that question Mr. Parmjit Dhanda (Gloucester) (Lab): Just before because on the Saturday before my interview, the hon. the summer recess, my right hon. Friend announced a Gentleman’s party called for savage cuts and then when review of secondary education in Gloucestershire to be a discussion about efficiency took place, he backed off conducted by Graham Badman. Should Graham Badman very fast indeed. The fact is that a year ago I asked an produce a report that encourages the building of an expert adviser to help me to find efficiency savings so academy in my constituency, will my right hon. Friend that I could shift them to the front line. I am clear that I give it full support and join me in encouraging the local want the budget for education and schools rising year authority to support a £13 million academy in my on year, and I would like to see that in real terms. The constituency as well? only way I can guarantee that teachers and teaching assistants are there at the front line, however, is to find Ed Balls: I am grateful for my hon. Friend’s support savings in procurement and in how schools work together for the review of the national challenge programme in to free up those resources. I want the budget to rise next Gloucestershire. Graham Badman has done his review; year, the year after and in future; it is the Conservative it will come to me shortly and we will respond to it in party that wants cuts—and cuts now. That is the difference. due course. I hope that we will be able to accept his recommendations. I fully expect further proposals for Alison Seabeck (Plymouth, Devonport) (Lab): I had academies in Gloucestershire and, if that proves to be intended to ask the Secretary of State to speed up the case, I will support them absolutely. My hon. Friend decision making on academies in Plymouth, so I am 7 Oral Answers12 OCTOBER 2009 Oral Answers 8 delighted that he has made his announcement today. At his party conference, the hon. Gentleman praised Will he confirm that as we are ready to go, we can in Mossbourne. It is clear from the Mossbourne prospectus fact open the academies next September? that the head teacher there teaches, and knows that his success depends on the teaching of vocational subjects Ed Balls: I went to visit Plymouth a year or so ago such as dance, drama and arts, which the hon. Gentleman and the Minister for Schools and Learners has been says should be downgraded to become second-class there since. I am announcing today that both the Tamarside subjects. He needs to go back to the drawing board and John Kitto community colleges have been given the when it comes to his own policies. go-ahead to open in September 2010. In the case of Tamarside, it will be through the sponsorship of the : I am grateful to the Secretary of State university of Plymouth, and in the case of John Kitto it for refusing to answer the question and exposing the will be through the sponsorship of Exeter diocesan threadbare nature of his own position. I am also grateful board of education. These will go ahead in 2010 because to him for reminding the House that the majority of we are committed; we will deliver our national challenge local authorities are now under Conservative control. and every school will be above the basic benchmark by That is a welcome reminder of how poorly Labour 2011. That is my commitment—one that time and again authorities have done in improving education. I am also I get attacked for making by the Conservative party. grateful to the Secretary of State for highlighting—

Mr. Laws: I have now had an opportunity carefully to Mr. Speaker: Order. I am not interested in hearing consider the Secretary of State’s answer. I still cannot about what the shadow Secretary of State is grateful understand how it can be that the last time we were here for; I am interested in hearing a question—very soon, I before the recess he told us he was going to resist all cuts hope. to the education budget, but we then discover that a full year ago he had asked his officials to look into cuts. Michael Gove: I am also grateful for your skilled May I ask him about one of the specific proposals he chairing of our debates, Mr. Speaker. discussed with The Sunday Times—that to axe 3,000 The Secretary of State’s right hon. Friend the Member head and deputy head teachers? Does he now accept for Stalybridge and Hyde () has said—like that that was a mistake? us—that academies should become the norm in the state sector. Does the Secretary of State agree with that? Ed Balls: No, of course I do not. The truth is that it was not I but the leader of the Liberal Democrats, at his Ed Balls: I think that where we are raising standards party conference, who was confused about the issue of in under-performing schools, academies are doing a savage cuts. I made it very clear that I want the schools tremendous job. They are doing so because of the budget to keep rising year on year, and that I want the partnership that we have with Labour and Conservative school education budget to rise year on year in real local government. That is opposed by the Conservative terms. We are achieving that in the current year, but we party, which believes that only deregulation is making must be realistic: real-terms rises in future years will not the difference, and does not recognise the importance of be as high as they have been in the past, which means rising investment to delivering the academies programme. that the only way to deliver for the front line is to find I read an article in today which says that savings. I think we can do that through school balances “one of the aspects of hitting 40 for which no one prepares you is and procurement, and also by ensuring that schools that your body, like a nuclear power station operating at the work together and share their leadership teams. Every margins of safety, develops an override mechanism that simply school should have a head teacher, but schools can shuts all systems down at critical moments. Usually after lunch.” share leadership teams in order both to raise standards That was written by the hon. Gentleman, and I think and to become more efficient. that his critical systems have been shut down today. The hon. Gentleman should be supporting me in this regard, but once again he is not doing so. I—and, I Land Sales (Schools) think, he—would like to see education spending rise in real terms; it is only the Conservative party that is 4. (Leicester, East) (Lab): What estimate he advocating cuts and more cuts. has made of the amount of land sold by schools for non-educational purposes in the latest period for which Michael Gove (Surrey Heath) (Con): The Secretary of figures are available. [292195] State will be aware that among the very best performers in GCSEs this year were the schools run by ARK— The Minister for Schools and Learners (Mr. Vernon Absolute Return for Kids—and by Lord Harris. They Coaker): The information requested is not held centrally. did up to four times as well as other comprehensives. Schools and local authorities do not need the Secretary The people running those schools say that their success of State’s consent to sell school buildings or land that is depends on absolute freedom from local bureaucratic not school playing field. However, all proceeds from the control. Does the Secretary of State agree? disposal of school playing fields have been reinvested in school sports or educational facilities since legislation Ed Balls: The really interesting aspect of that is the was introduced, under section 77 of the School Standards fact that the list of local authorities now co-sponsoring and Framework Act, in 1998. academies includes one or two Liberal Democrat councils, one or two Labour councils and 11 Conservative councils. Keith Vaz: I wrote to the Minister about two excellent The hon. Gentleman says that they are wrong to be schools in my constituency which share a site in Evington, taking such action, and should get out of the way. in Leicester: St. Paul’s Catholic school and Leicester 9 Oral Answers12 OCTOBER 2009 Oral Answers 10 grammar school. Leicester grammar school wants to Act last week. We have sent a copy to Brian Lamb so vacate its land and sell it to St. Paul’s school, which that he can reflect its findings in his report on parental wants to buy it but has not sufficient resources. As the confidence in the SEN system. Minister must pass Leicester to reach his constituency in Gedling, may I ask him to drop by one Friday and try Mr. Harper: I am grateful to the Minister, but I did to resolve the matter? I think that with good will and not actually ask whether she was going to end statementing; the support of the Government, both schools can get I simply asked what the Government’s plans were, given what they want. that the Secretary of State had indicated in his response to the media coverage of Brian Lamb’s inquiry that Mr. Coaker: I would be keen and very happy to drop they were going to look at taking statementing out of into my right hon. Friend’s constituency in Leicester to the hands of local authorities because a lot of parents see for myself the problem he has outlined. I know that think there is a conflict of interests there. I simply he has been trying for some months to resolve this wanted the Minister to set out what specific steps the particular issue. He will know that Leicester grammar Government are going to take to put the Secretary of school is an independent school, and the Secretary of State’s pledge into action, and I ask her to do so now. State and I have no authority to talk to it in respect of the disposal of the land to which he refers, but the local Ms Johnson: Perhaps I should reiterate that we have authority does of course have a duty to ensure that no plans to end the current statementing system, but we St. Paul’s school has sufficient land available to it for do want all parents to have confidence in the SEN school playing fields, and it is on that basis that I hope system, and the hon. Gentleman will know that Brian we can find a way forward. Lamb is currently conducting a report on parental confidence, which will be published later this month. Mr. James Gray (North Wiltshire) (Con): Of the Also, my right hon. Friend the Secretary of State made many thousands of playing fields being sold off by the an announcement at the end of September on pilots in Labour Government or Labour local authorities in certain parts of the country to test how assessment direct contravention of repeated manifesto commitments, could be made more independent of local authorities, some 342 have been sold because apparently they were and we will of course look at the outcomes from those the wrong shape. Would the Minister care to tell the pilots. House what playing fields that were the correct shape before are now of such a strange shape as to have to be (Luton, North) (Lab): During the sold off forcibly? recess, I visited a number of schools in my constituency and it became clear that there are still problems with Mr. Coaker: I do not quite know what the hon. delays in statementing. Will my hon. Friend use her Gentleman means. Before 1998 there were no controls good offices to ensure that local authorities undertake over the sale of school playing fields. It was the introduction statementing as quickly as possible and provide the of legislation that required any local authority that proper resources to ensure that those children with wished to sell school playing fields to receive consent special needs get the support they require? from the Secretary of State. Actually, the correct figure is that there have been 203 approved playing field sales Ms Johnson: I thank my hon. Friend for that question. since 1997, and I say to the hon. Gentleman that He is absolutely right to say that there are time frames significant numbers of the school playing fields that that have to be complied with, and of course we want to have been sold have resulted in schools being able to ensure that where children need statements those statements reinvest in their school playing facilities, as I saw for are obtained as quickly as possible. myself at the Lincoln Christ’s Hospital school where a bit of waste ground designated as a school playing field Home Schooling was able to be sold and the sum reinvested into changing rooms, better facilities and improved playing fields for 7. Mr. David Drew (Stroud) (Lab/Co-op): When he that school. That will have been the case up and down expects to issue recommendations for home schooling the country, and instead of taking a dogmatic view the in Gloucestershire arising from the report of the hon. Gentleman ought to have a look and see what is Badman review; and if he will make a statement. actually happening. [292198]

Statementing The Parliamentary Under-Secretary of State for Children, Schools and Families (Ms Diana R. Johnson): We announced 6. Mr. (Forest of Dean) (Con): What our response to the Badman report on home education plans the Government have for the future of on Friday 9 October. Home education is an established statementing for children with special educational part of the British education system. The arguments in needs. [292197] the report for giving home-educated families better access to public services are strong, particularly when a The Parliamentary Under-Secretary of State for Children, child or young person has special educational needs, Schools and Families (Ms Diana R. Johnson): We have and our response sets out the practical steps we will no plans to end the special educational needs statementing take to implement these and the other recommendations system. I know how interested Members are in SEN, in the review. and I thank my hon. Friend the Member for Gateshead, East and Washington, West (Mrs. Hodgson) for initiating Mr. Drew: I thank my hon. Friend for what she has to the Special Educational Needs (Information) Act 2008. say, but does she accept that there is at least some We launched the first annual publication following that misgiving about the nature of Badman’s recommendations 11 Oral Answers12 OCTOBER 2009 Oral Answers 12 and that there is a need for proper consultation, particularly Sir Nicholas Winterton: I note the Minister’s reply, in my county, where quite a large number of people but can he tell me why 500,000 children left primary have chosen to home educate their children? Will she school in the last educational year unable to read? Will ensure that her door is open to those of us who want to that not lead to their not engaging in secondary school talk to her about some of those problems, so that we do and to their being inclined to add to the already high not have an unnecessary spat over what could be an rate of truancy? important way forward? Mr. Coaker: I do not accept the hon. Gentleman’s Ms Johnson: I am very happy to meet my hon. Friend point about the 500,000 children. Instead of decrying to discuss this issue. May I reassure him that the consultation what is happening in primary schools, he would do well on the registration and monitoring recommendations to celebrate—I am sure he does this in respect of his remains open until 19 October? It has been open since own constituency—the real achievements that have taken June; nearly 1,000 responses have been received, and place. Since 1997, we have seen an increase in the figures clearly we would welcome any further such responses. for level 4 plus of 17 per cent. in English, 19 per cent. in reading and 17 per cent. in maths. Are we satisfied with Annette Brooke (Mid-Dorset and North Poole) (LD): that? No, we are not. Do we want more children to have Given the Government’s general acceptance of the Badman the correct standard of reading, writing and arithmetic? review, have they left themselves enough scope to respond Of course we do, so we have a series of measures and to these important representations, particularly in respect programmes in place to achieve that. of the conditions attached to registration? (Slough) (Lab): Does the Minister Ms Johnson: The hon. Lady will know that, as I have agree that to achieve a high standard of learning children just explained to the House, the consultation will have need to have a place to be educated? Will he tell me what taken place over a considerable period—from June until he is going to do about the fact that some 100 children 19 October. A further response was made by my right of primary age in my constituency do not currently hon. Friend the Secretary of State on Friday of last have a place in a primary school? week, which set out further areas for consultation arising out of the Badman recommendations. There has been Mr. Coaker: My hon. Friend will know, because I sufficient time for this consultation, and clearly the have met her and Slough’s director of children’s services Government need to consider the responses—we will to discuss the particular issue in Slough, that we are do so in the next few weeks. seeing what we can do to resolve it. Primary school places are an issue in Slough and in some other authority Kate Hoey (Vauxhall) (Lab): The Minister must be areas across the country, which is why we recently aware of the real worry felt by people who home educate; announced a £200 million programme to see how we there is a feeling that this is the beginning of the thin can address it. We are about to announce, in the not-too- edge of the wedge—I use a cliché—and a move towards distant future, the allocation of that money, in order to the German system of banning home education altogether. try to address some of the very real problems in Slough Will she give a categorical assurance that that is not the and in other local authority areas. Government’s intention? Mr. (Bognor Regis and Littlehampton) Ms Johnson: May I just reassure my hon. Friend that (Con): The Minister will know from the written answer this Government’s view of home education is one that that he gave me in July that fewer than half of 11-year-olds supports the rights of parents to home educate? However, in the poorest decile in the index of multiple deprivation there is a balance to be struck and the Government achieved the basic standard in reading, writing and need to be sure that children who are being educated at maths, compared with three quarters who achieved that home are receiving a suitable education. I hope very in the top 10 per cent. Frankly, whether it is a quarter or much that the Select Committee that is examining this a half of 11-year-olds who are failing to grasp the issue will put forward its own views on the Badman basics, the Government’s record of achievement is dreadful. review, and we will certainly be considering all the Is he not ashamed of the enormous achievement gap responses to the consultation. between those at the bottom of the index of deprivation and those at the top in the very skills—reading, writing Standards (Primary Schools) and maths—that every child needs, if they are to escape a life of poverty? 8. Sir Nicholas Winterton (Macclesfield) (Con): What steps he is taking to raise educational standards in Mr. Coaker: I am not ashamed of what the Government primary schools. [292199] have achieved with primary schools. I am proud of what the Government have tried to do and are doing to The Minister for Schools and Learners (Mr. Vernon tackle this issue, which we all recognise. I do not accept Coaker): There has been a significant rise in standards the hon. Gentleman’s points. Only recently, we received in primary schools since 1997. Compared with then, the results of the pilot of Every Child Counts from about 98,000 more 11-year-olds are achieving the target Edge Hill university, which showed that one-to-one level 4 for their age in English and 98,000 are doing so tuition and small groups made a significant difference in maths, based on the 2009 provisional results. We set with some of the most difficult young people in terms out plans in the schools White Paper for improving all of the educational challenge that they present, the primary schools, and there will be a package of support special educational needs that they have and the difficult in 2009-10 that will enable a range of successful programmes family backgrounds that many of them come from. We to be expanded. are expanding and developing these programmes—not 13 Oral Answers12 OCTOBER 2009 Oral Answers 14 only Every Child Counts, but Every Child a Reader—as visiting one of their local schools for prize-giving or the hon. Gentleman will know. That one-to-one tuition, whatever else, there is no requirement for them to which has been expanded through the whole primary register. Only if he were teaching a class regularly would school age group and will now be rolled out into year 7 he have to register—I do not think that the hon. Gentleman in secondary schools over the next year, will make a will be, so he will be fine. significant difference. If we put that together with some of the other measures that we are taking to deal with Tom Levitt (High Peak) (Lab): My right hon. Friend the social issues around those schools, we will see a real will have been pleased to hear that Volunteering England improvement. has welcomed the introduction of the vetting and barring scheme as a simplification and a sensible step forward. Mr. Stephen Hepburn (Jarrow) (Lab): I remind the On the question of frequency and intensity, will he Minister that in 1997 only six out of 10 kids in school answer a question from my local town-twinning aged 11 reached the required standard in reading, writing organisation? When a group of foreign children is in the and maths. That figure has now gone up to eight in 10, town for a week or 10 days at a time, will that cross the due no doubt to the doubled investment that this Labour intensity threshold for registration? Indeed, are foreign Government have put into kids in schools. Will the children covered by the scheme at all? Minister defend his budget in the current economic climate and do everything that he can to increase it to Ed Balls: If foreign children are coming to our country give kids from working-class areas the chances that they to stay with a local family on a school exchange or as deserve? part of twinning, yes, the family that is hosting them will be required to be on the ISA list, so that parents in a Mr. Coaker: One of the points that I was trying to foreign country can know whether there is any past make in answer to the hon. Member for Macclesfield child-related offence. We have thought about this very (Sir Nicholas Winterton) is that there have been real carefully and only by doing it in such a way could we improvements in primary schools across the country, ensure that children from our country and those from including in some of the most socially disadvantaged abroad are safe. communities. The difference between our stance and that of the Opposition is that they say that because Sir Patrick Cormack (South Staffordshire) (Con): there are still things to be done—because young children Did the Secretary of State see the admirable article by in our schools still do not reach the required standard— the inspector in charge of the Soham case in which the everything in primary education is wrong, that the inspector ridiculed the excessive bureaucracy, which teachers are not teaching properly and that progress is will mean that many decent, innocent people have to be not being made. Our approach is to say exactly what my vetted in this stupid way? hon. Friend has just said: there has been progress, but there is still more to be done and the programmes that Ed Balls: I am very sorry indeed that the hon. Gentleman, we have laid out, as well as the record levels of investment, who is normally a wise counsel, has used such intemperate will tackle some of them and will lead to a continuing and ill-informed language on this issue. The fact is that rise in attainment in our schools. the person who made the recommendations on the Soham case is entirely behind the changes that we are Independent Safeguarding Authority making. The definition of “frequent or intensive” is difficult, and we need to make sure that we are clear in 9. David Tredinnick (Bosworth) (Con): What recent the way in which we apply it. There has been much assessment he has made of arrangements for misinformation on this issue, suggesting that a parent implementation of Safeguarding taking their children to school for a neighbour, or Authority’s vetting and barring scheme; and if he will someone helping out once in a while in school is required make a statement. [292200] to register. I suggest that the hon. Gentleman looks at the facts and the reality, and not the nonsense in some The Secretary of State for Children, Schools and briefing papers, before he asks questions in the House. Families (Ed Balls): Today sees the launch of the first stage of the new vetting and barring scheme. I can tell School Buildings the House that arrangements are on track for the implementation of ISA registration by individuals from 10. Linda Gilroy (Plymouth, Sutton) (Lab/Co-op): July next year. In advance of that, I have asked Sir Roger What research his Department has undertaken into the Singleton to look again at the definition of “frequent effects on educational standards of the quality of and intensive contact” with children that will trigger the school buildings. [292201] requirement for individuals to register. He will report to me in December. The Minister for Schools and Learners (Mr. Vernon Coaker): We have recently extended until 2012 the contract David Tredinnick: Will the Secretary of State confirm for the independent evaluation by PricewaterhouseCoopers that before a Member of Parliament visits a school in of the impact of Building Schools for the Future investment his constituency for prize-giving he will have to be on pupil achievement. As more and more BSF schools vetted? open, this work will include evaluation of design quality. We will continue to publish annual reports from Ed Balls: I absolutely refute that. If the hon. Gentleman PricewaterhouseCoopers and work with Partnerships had looked in his inbox—I accept that 29 July was quite for Schools to ensure that lessons learned from this recent—he would have seen the letter from me to all evaluation inform the BSF programme, and design MPs that makes it absolutely clear that when an MP is guidance for schools. 15 Oral Answers12 OCTOBER 2009 Oral Answers 16

Linda Gilroy: It was a pleasure to welcome my hon. Mr. Coaker: My hon. Friend makes an important Friend to Plymouth in the summer, particularly to point, but the latest figures show that vacancies remain Stoke Damerel school, where he saw for himself the stable at below 1 per cent. As he has said, no school is best results that it has ever had and, alongside the without a head, but there are schools with acting heads. efforts of students, teachers and parents, the contribution I have explained what we are doing about it: we are made by investment in the buildings. May I ask him working with the National College for Leadership of when he expects to announce the next round of Building Schools and Children’s Services to seek to identify at an Schools for the Future, in the hope that Plymouth will early stage in their career those people who might want feature? to be head teachers and work with them to achieve their goal. We have also tried to ensure that we do as much as Mr. Coaker: Stoke Damerel community college is an we can to support head teachers in post in schools in excellent school, and it was excellent to see its design their administrative and financial tasks. One reason and the improvements that have been made. We hope to why we have increased the number of administrative announce the next round of Building Schools for the assistants and, indeed, of school business managers is Future in a few weeks, including the six authorities over so that head teachers can concentrate on their major and above the initial six that we announced a couple of task, which is teaching and learning in the school. months ago. Part of the purpose of my visit to Plymouth was to look at its readiness to join the roll-out of the Class Sizes (Chelmsford) programme. 13. Mr. (West Chelmsford) (Con): In Head Teachers (Retirement) how many primary schools in Chelmsford there were over 30 pupils in a class on the latest date for which figures are available. [292204] 12. Greg Mulholland (, North-West) (LD): What proportion of head teachers he expects to retire The Parliamentary Under-Secretary of State for Children, from their posts in the next five years. [292203] Schools and Families (Ms Diana R. Johnson): As of January 2009, no primary schools in either Chelmsford The Minister for Schools and Learners (Mr. Vernon or West Chelmsford breached the infant class size duty Coaker): We estimate that 38 per cent. of current head by having classes of 31 or more pupils in reception or teachers will have retired by 2015. Dealing with the loss key stage 1. One class misreported its school census of their skills and experience will be a challenge and an return, but this did not result in a breach of the duty. opportunity. We have invested £30 million through the There were 11 primary schools in West Chelmsford and National College for Leadership of Schools and Children’s 21 in Chelmsford with classes of 31 or more pupils at Services succession planning strategy to ensure that this key stage 2. It is for local authorities to consider how demographic challenge is managed effectively.The national their level of provision best meets the needs of local college continues to work closely with schools, local parents and children and to consider any necessary authorities and faith bodies around the country to find, improvements. develop and keep excellent head teachers. Mr. Burns: What help will be given to schools which, Greg Mulholland: The Minister has used the word as a result of financial difficulties and possibly going “challenge”. Other people describe the number of head into deficit, are planning to make teachers redundant so teachers retiring as a crisis. In that regard, may I ask the as to cut costs, which could adversely affect the size of Minister why on earth the Government have announced classes? at this stage the scrapping of 3,000 head teachers and leadership posts in schools? Will that not make the Ms Johnson: The hon. Gentleman knows that the situation much worse? target of class sizes of less than 30 in years 1 and 2 and in reception is a firm target that must be complied with. Mr. Coaker: I do not accept that there is a crisis in My right hon. Friend the Secretary of State will take head teacher recruitment. There is a challenge, and that action if schools do not do that. It is interesting to note is one reason why we have given the national college that in 1997, 29 per cent. of pupils were in classes of £30 million to help develop succession planning, which more than 30, which compares with just 2 per cent. is necessary. On the issue of axing 3,000 head teacher today. posts, that is not a figure that the Department has used. It is right as we develop schools for the future that we Topical Questions look at how schools are organised and managed, and federations are one way forward. Certainly, we have T1. [292216] Sir Nicholas Winterton (Macclesfield) never used the figure of 3,000 head teacher posts to be (Con): If he will make a statement on his departmental axed. responsibilities.

David Taylor (North-West Leicestershire) (Lab/Co-op): The Secretary of State for Children, Schools and There is an increasing number of cases in which schools Families (Ed Balls): May I report on two issues? Although advertise for heads, but the number of people who this was not debated in Parliament during the passage apply is small and the quality of the applicants is of the Childcare Act 2006, I have today written to indifferent. To what does the Minister attribute that, Christine Gilbert, and I am copying the letter to the and what does he intend to do about it, because far too House of Commons Library, to make it clear that many schools have acting heads for far too long a reciprocal child care arrangements between parents where period? there is no payment involved should not be a matter for 17 Oral Answers12 OCTOBER 2009 Oral Answers 18 regulation, and I have agreed today with Ofsted that agreed to ensure that local authorities, such as Sutton with immediate effect this will be beyond the scope of in my constituency, are adequately supported through its child care inspections. We will make this crystal clear the basic need safety-valve funding, enabling those by changing the regulations in the coming period. desperately needed school places to be built? I should also report to the House that in the early summer I pledged £655 million to ensure a sixth-form The Minister for Schools and Learners (Mr. Vernon or apprenticeship place for every school leaver this Coaker): May I say to the hon. Gentleman, as I said in September. That would be 55,000 more places. I have to an earlier answer, that we know that there is a problem report that the demand for these places has again for some authorities in different parts of the country, outstripped our expectations. As a result, I am making including London? We have received representations a further £11 million available now to pay for a further from authorities, following our announcement that we 2,300 places for school leavers this September. That will would make available to local authorities throughout be a total of 57,300 places, which will be guaranteed by the country £200 million to deal with the problem, and the Government and would be cut by the Conservatives. we expect an announcement to be made shortly.

Sir Nicholas Winterton: During the recess, I visited a T9. [292224] Mr. (Chorley) (Lab): The middle and high school in the of America. Prime Minister stated at the Displayed outside the school and in every classroom that there would be more for schools, not less. Can we and room in that school was a Union flag—that is, a ensure that, after the age of 16, most children in flag of the United States of America. Should we not Chorley go to the exceptional Runshaw college? follow that example, and would not pride in our country However, the colleges gets less funding than a school be part of education? with a sixth form, so will Ministers ensure that there is more money for those colleges that provide such Ed Balls: I have visited the United States a number of education? times. I know that there are some parts of the southern states where different flags are flown, but I understand Mr. Iain Wright: That is an important point, and I the point that the hon. Gentleman makes about the would welcome a meeting with my hon. Friend to stars and stripes, rather than the Union flag. It is ensure that end. He will be aware, however, that funding important that we fly the British flag, which should be has increased enormously over the past 12 years. We are flown on town halls throughout the country—we fly it committed to reducing the gap between school sixth on our Department. It is a matter for individual schools forms and comparative further education colleges. We to decide what flag they fly. We have never mandated want to do that, and we have had success and made that as a matter of law, and I do not think that that inroads into the issue, but we are looking at it still would be the right approach to take. It is for individual further. schools to decide. T3. [292218] Bob Spink (Castle Point) (Ind): What can Mr. Speaker: Order. I want as many people as possible we do to ensure that special schools that are opened for to get in, so I need short questions and short answers. the most difficult and sometimes rather nasty kids in society are opened in proper and suitable locations, not T8. [292223] (North-East Derbyshire) unsuitable locations, and that, for instance, the kids (Lab): Chesterfield college in North-East Derbyshire from throughout Essex who are taken to the school has seen an increase of 10 per cent. in enrolment that Essex county council has just opened on Canvey figures as a direct result of the recession. What extra Island, go to the school, not to the town centre, where financial support is the Department giving FE colleges they are causing mayhem? around the country—Chesterfield college is not the only one—to make sure that young people throughout the country get access to the skills and training that Ed Balls: I was with the Schools Minister at Huntercombe they need to see them through the recession? young offenders institution only last week, and that visit convinced me that we need to do more to intervene The Parliamentary Under-Secretary of State for Children, early to ensure that children with learning difficulties or Schools and Families (Mr. Iain Wright): As my right young people with behavioural problems get the extra hon. Friend the Secretary of State has said, we have support that they need. That is integral to the way in provided an unprecedented sum of money—an extra which we plan our secondary school provision and take £655 million—to meet that September guarantee. He forward Building Schools for the Future, and our behaviour has just announced an additional £11 million to help partnerships will ensure that such provision is at the another 2,500 learners, because we are absolutely centre of people’s thinking, rather than on the periphery committed, as I know my hon. Friend is in North-East or excluded, as it sometimes has been. Derbyshire, to ensuring that no one is left behind with this recession. We need the skills to allow our country Mr. Gordon Prentice (Pendle) (Lab): Are all new and our economy to prepare for the upturn and to be schools fitted with sprinkler systems, and if not, why prosperous in the future. not?

T2. [292217] Tom Brake (Carshalton and Wallington) Mr. Coaker: No, not all new schools are fitted with (LD): The Secretary of State will be aware that in some sprinklers, but the expectation is that unless they are there are not enough primary school low-risk schools, they will be fitted with sprinklers. We places. When can we expect an announcement passed regulations on the matter, and, clearly, when new confirming that a mechanism has been developed and schools are built, fire safety is of the utmost importance. 19 Oral Answers12 OCTOBER 2009 Oral Answers 20

T4. [292219] Mr. Christopher Chope (Christchurch) (Con): Hugh Bayley (City of ) (Lab): York has done Why did only 189 pupils who receive free school meals well on capital funding for schools, gaining about achieve three A-level passes at A grade last year? Is that £12 million a year under the Labour Government, not a total indictment of the Government’s education compared with less than £1 million a year under the policies, and does it not show the betrayal of the Conservatives. However, we still do not yet have a date poorest families in our society? for joining the full Building Schools for the Future programme. Will the Labour Government continue Building Schools for the Future if they win the general election? Ed Balls: I am proud of the fact that the local authorities with the greatest concentration of the most Ed Balls: The answer is very clear. We will keep deprived pupils have seen the fastest rise in results. I am investing in Building Schools for the Future; indeed, we proud also of the fact that schools with more than are doing so this year, next year and the year after. The 50 per cent. of pupils receiving free school meals have Conservative party has pledged a £4.5 billion cut. That, achieved twice the rate of improvement of schools with I am afraid, would mean that schools would not be less than 5 per cent. of such pupils. That has all happened rebuilt or refurbished in my hon. Friend’s constituency because of the progress made by this Government. I am or in constituencies represented by hon. Members on concerned, however, that in the most deprived schools, both sides of the House. the most deprived pupils still do not make the progress that we would like. The only way to do so is through the T6. [292221] Mr. Peter Bone (Wellingborough) (Con): intensive investment and one-to-one tuition that we are In a parliamentary answer, the Secretary of State said putting in to back those pupils—funding that would be that he had no idea about how many children suspected cut in the schools cuts proposed by the Opposition. of having been trafficked had gone missing from local authority care. If any trafficked child goes missing, that Mr. Adrian Bailey (West Bromwich, West) (Lab/Co-op): is appalling. If the Government do not know how Ministers will be aware of the very high percentage of many are going missing, how can they put the problem young offenders who suffer speech and language difficulties, right? so may I welcome the money that the Department has allocated to address the issue? Will Ministers assure me Mr. Coaker: As the hon. Gentleman knows, because that the screening process that is being devised to identify we have talked about this issue on numerous occasions, such young pupils will incorporate the advice of adequate a national referral mechanism is now in place to try to professionals, such as speech and language therapists? help with the identification of such children. There is a real debate, not only about the numbers of such children in local authority care but about how to keep them safe. Ed Balls: The answer is that it absolutely will. A few The hon. Gentleman and I have discussed, rather than weeks ago, I was in Knowsley with my right hon. Friend debated, this issue; he knows that trying to protect the Member for Knowsley, North and Sefton, East children in local authority care is extremely difficult. (Mr. Howarth), and we saw a really good example of Once they are in care, many try to escape because they alternative provision. We saw schools making sure that believe that the authorities are acting against their best young people got extra help and support before they interests and that if they escape, the traffickers will look got into trouble through crime. Just now, I referred to after them. The issue is very difficult. The hon. Gentleman my visit to Huntercombe young offenders institution; is right that we need to gather more information. However, two thirds of young people in custody have special he knows as well as me that the answers are extremely needs and they often have speech and communication difficult. difficulties. The only way to deal with the issue is to intervene early, at primary school, before the young Martin Linton (Battersea) (Lab): Is my hon. Friend people get on the wrong track and get into trouble with aware that Wandsworth has the lowest proportion of crime. We need to make sure that they get the help, but pupils granted their first choice of secondary school in it is essential that they get that help early. London? Furthermore, there are no secondary schools in an area of 7 square miles in the centre of the borough; parents and children there are uniquely T5. [292220] David Tredinnick (Bosworth) (Con): Following the tragic and well publicised deaths of disadvantaged, as they do not qualify—at least on Fiona Pilkington and her daughter Francecca Hardwick distance grounds—for any oversubscribed school. Will in my constituency, has the Secretary of State had any the Minister meet those parents and advise them on thoughts about how to improve the protection of vulnerable how best to start a new secondary school? children? Has he had any liaison with other Government Departments to see whether better guidelines can be Mr. Coaker: I know that my hon. Friend feels strongly issued, to make sure that such problems do not occur? about that issue. The provision of schools in an area is, of course, a matter for the local authority. However, if he feels that a meeting involving him, the local authority, Ed Balls: As the made clear, in that the parents that he represents and me would help, I case a vulnerable child and her mother were not properly would be only too ready to attend. protected. All the agencies failed, which is a matter of huge regret and shame. It is essential in our society that T7.[292222]Mr.ShaileshVara(North-WestCambridgeshire) we pull together to make sure that we do not see a (Con): Recent Government figures show that pupils repeat of such a horrific incident. We are actively talking with special educational needs are eight times more about that issue, so that we learn the right lessons from likely to be permanently excluded than those with no that terrible case. such needs. Will the Government kindly tell us what 21 Oral Answers12 OCTOBER 2009 Oral Answers 22 measures are to be included in the forthcoming classrooms in rural areas than in urban areas? That guidance on dealing with rowdy children, to ensure that obviously impacts on poverty: what is he going to do such children receive fair and proportionate treatment, about it? particularly as many of them suffer from severe learning difficulties? Ed Balls: The important thing to do is to ensure that our local authorities manage their capital programmes well, which sometimes means local authorities investing Ed Balls: I hate to repeat a point that I made earlier; to ensure that rural schools can work together to share this is the first day of the new parliamentary term. We facilities, so that even with smaller rolls the money can published the guidance two weeks ago, and in it we still go further. The important thing is to ensure that we made it clear that the only way to deal with that issue is refurbish or rebuild all our secondary schools and all for the exclusion of a child with special needs to be a our primary schools in the next 10 years: a pledge that last resort and for there to be early intervention, a this Government will make; a pledge that the Conservative diagnosis of the problem and extra and special help so party, I am afraid, cannot match. that the young person stays on the right track; such measures will sometimes include alternative provision. Andrew Miller (Ellesmere Port and Neston) (Lab): In that way, we can prevent such exclusions, which are a During the summer my right hon. Friend visited the failure for the system, from happening. excellent Neston high school in my constituency, and also released £25 million for the building of an academy Jane Kennedy (Liverpool, Wavertree) (Lab): May I in my constituency. In both cases, there are issues about commend the work of Booktrust to my right hon. the quality of buildings. Will he look carefully to ensure Friend, particularly the work of Irene Mandelkow, the that moneys released require buildings to be built that Bookstart co-ordinator in Liverpool? She and her team are sustainable and environmentally friendly, because have increased the number of pre-school children registered that is a good investment for the future? with libraries tenfold in the past 10 years. Ed Balls: I congratulate my hon. Friend and all those who have ensured that these new schools are being The Parliamentary Under-Secretary of State for Children, rebuilt and opened. We had an excellent visit to that Schools and Families (Ms Diana R. Johnson): Iwas school and heard a brilliant orchestra there. We need to delighted recently to meet representatives of that ensure that our brand new schools are environmentally organisation. They do an excellent job, and more power friendly, that they are planned well in acoustic terms so to their elbow. that they can cope with the needs of deaf children, and that they have the sports, music and arts facilities that T10. [292225] Miss Anne McIntosh (Vale of York) (Con): they need. But one can do that only by continuing the Will the Secretary of State confirm that capital investment in our schools—investment that we will expenditure in schools in urban areas is higher than in guarantee and that, as I have said, the Conservatives are rural areas and that there are possibly more temporary determined to cut. 23 12 OCTOBER 2009 Sale of Government Assets 24

Sale of Government Assets to a minus figure in 2013? That means that if the Government were to sell off the whole of what remains of the public sector, they would have to pay somebody 3.31 pm to carry it away. Dr. Vincent Cable (Twickenham) (LD): (Urgent On the substance of the Chief Secretary’s answer, he Question): To ask the Chancellor of the Exchequer if said that there would be £16 billion of sales. Is it not he will make a statement on the proposed sale of true that £13 billion of that will be from local authorities Government assets announced today. and that, as he confirmed to me in a discussion on the radio at lunch time, there is no pressure on local authorities The Chief Secretary to the Treasury (Mr. Liam Byrne): to make those disposals and they will be free to invest Thank you, Mr. Speaker, for the opportunity to come the money raised? In that case, how will the sales here this afternoon and answer questions about the sale narrow the Government budget deficit, if at all? of Government assets. Can the Chief Secretary explain why the Government Our overriding ambition is to lock in the recovery were in favour of privatising the Tote in 2008, then and then to lay the foundations for growth in the years announced in the Budget this year that it would be kept to come. Because of the action that we have taken this in the public sector in the medium term, but now say year, we are confident that growth will return to our that it is to be privatised again? The Tote has had more economy towards the end of this year and into 2010. false starts than any race in history. Over the months to come, therefore, the Chancellor will On the timing of this announcement, the Government set out more detail around our plan to halve the public have a terrible record in selling public assets, with the sector deficit over four years once recovery is secured. history of gold sales and the sale of QinetiQ, which was This entails a return to growth with support for firms condemned by the National Audit Office. There is now and families; fair tax rises for those most able to bear a proposal to sell land, in a market in which development the burden; and slowing the growth of public spending. land is at about 15 to 20 per cent. of its peak value. Is As the Chancellor set out in April, an ambitious programme that not an absolute guarantee that the Government of asset sales is part of our plan—a plan that sets out will not get value for money, and that this announcement up to £16 billion of property and other asset sales, with has been driven entirely by political concerns? proceeds raised being used to support our priorities, including new capital investment and paying down debt. Mr. Byrne: I am grateful to the hon. Gentleman for the question and for his renewed interest. I know that Today the Prime Minister set out a few details of that that is completely unrelated to his own difficulties to do programme, and in the months to come we will publish with tuition fees and mansion taxes at his party conference a portfolio of assets to be sold. It will cover assets for recently. sales, and assets where we wish to explore different ways of managing things in the future. The portfolio will Let me be absolutely clear about the substantive include the Tote, the Dartford crossing, the student loan question that the hon. Gentleman poses, because it is book and the channel tunnel rail link. We know that important and there will be wide interest in all parts of councils will make a major contribution to the overall the House about our strategy. As I said in my statement, level of asset disposals through sales of housing and in the Budget, the Chancellor set out the ambition to other assets, as will central Government property. As I sell about £16 billion of assets over the period 2011 to said, these three elements are expected to deliver £16 billion 2014. About £11 billion of those assets will, of course, in receipts over the period 2011 to 2014. However, we be local authority assets. That is based on a long-term aim to secure receipts from central Government sales picture of what local government tends to sell each within the next two financial years where and when year. Over the past 20 years, local authorities have market conditions are right. raised something like £3.7 billion a year, and of course they are free to keep those receipts and reinvest them in We have already sold £30 billion of public assets since priorities such as affordable housing and schools. 2004. This success, building on the £22 billion sale of 3G licences in 2000, played a major role in the reduction In addition, we anticipate that something like £2 billion of debt over the past decade. We have made tough of central Government property can be sold and reinvested choices to cut debt in the past; those decisions allowed by Departments. We believe that additional business us to support the economy now. We will not flinch now and financial assets can also be sold, such as those that from tough choices to allow us to live within our means the Prime Minister listed, and that something like £3 billion in the years to come. can be raised from them over the next couple of years. Of course, that money will be available to pay down Dr. Cable: Thank you, Mr. Speaker, for calling this debt. urgent question. It is Parliament’s first day back, and Mr. (Runnymede and Weybridge) we have seen old habits—this national car boot sale was (Con): How telling that at the end of the Prime Minister’s announced in the media yesterday evening, with a major summer of denial, instead of following the Conservative speech by the Prime Minister and no statement to lead and taking the tough decisions required to get the Parliament. deficit under control, this morning he has ducked the I have no objection to the principle of asset sales, issue and chosen to peddle the illusion that asset sales which are an important part of managing the public can somehow avoid the pain of fiscal adjustment—taking finances. However, there are big questions about timing people for fools again. Can the Chief Secretary confirm and content. Can the Chief Secretary first confirm the that he, at least, understands that asset sales, however Treasury’s own figures that the net worth of Government necessary they may be to reduce debt, do not reduce the has declined from 70 per cent. of GDP in the late , deficit, and that they can only ever be a supplement to, before the big privatisation, to nil today and will decline not a substitute for, proper fiscal discipline? 25 Sale of Government Assets12 OCTOBER 2009 Sale of Government Assets 26

Can the Chief Secretary confirm also that the package Mr. Byrne: I do not think that the Government’s of central Government assets mentioned this morning position on the sale of the Tote has changed in essence. amounts in value to little less than a week’s worth of The medium-term decision was to keep it in the public borrowing at the current levels, and that it is not the sector, but now is the right time to look at the possibility Government’s intention to seize the proceeds of sales of of its sale. The dimensions and constraints around the local authority assets? Can he tell the House why anyone sale of the Tote that my right hon. Friend outlined have should believe a word the Government say on asset not been disturbed. sales when they have announced every single one before? The Tate in 1999—[Interruption.] No doubt it is coming. Peter Bottomley (Worthing, West) (Con): Columns The Tote announcement was made in 1999 and was in 586 to 588 in Hansard on 9 July 1987 contain the the Labour party’s 2001 election manifesto. The acceptance by the Labour spokesman that the Dartford announcement on the student loan book was made in bridge—effectively the first privately funded, operated, 1997 and again in 2007, on URENCO in 2005 and on designed and built public works—would, as I said as the channel tunnel rail link in 2007. Not a penny piece Minister in the previous column, have tolls for 15 to has been achieved from any of them. Will the Chief 20 years. How can we have trust in Parliament if both Secretary confirm that the value of all those assets is sides accept something and then one side says, “We’ll now significantly lower than when their sale was first keep the tolls going so we can sell it off”? announced? Indeed, did not the comprehensive spending review 2007 pencil in a £6 billion receipt for the student Mr. Byrne: Again, the precise way in which the different loan book alone—twice what the Government now assets are sold will have to be the subject of further expect to get from flogging off the entire package? debate and conversation, not least in the House. That is Selling the family silver will not solve the crisis in the why it is the Chancellor’s ambition to bring before the public finances. The country has had enough of denial, House a portfolio of assets, which we believe could be dither and delusion. The Government need to start sold. There will be several different questions that relate taking the tough decisions, not ducking them, or call an to different assets, but once the portfolio is published, election and let someone else get on with the job. we might be able to have a bit more of a debate about the precise detail of each one. Mr. Byrne: I enjoyed the remark about tough decisions. I have made a mental note of the Tate. The hon. Andrew Mackinlay (Thurrock) (Lab): What does the Gentleman presumably refers to tough decisions such brief say about the Thurrock-Dartford toll in relation as proposals on state pension plans—I understand that to the fact that it is lawful to toll a riparian crossing only the National Institute of Economic and Social Research, to control and manage congestion? How does a sold having looked at his plans, has discovered that he is bridge and tunnel allow either the operators to get a £3 billion short and five years out in his sums. So I will return, or the Government to continue to pay, if they not take lessons in tough decisions from him. are constrained by the European Union directive? The hon. Gentleman knows that bringing public spending within the bounds of what is possible in the Mr. Byrne: There will be many different questions on years to come will take a mixture of things: growth each of the assets. In some cases, the sale of the assets coming back, investing in new industries and jobs, the will require us to return to the House to change legislation right decisions on tax—decisions that he has opposed but, as I said, once the portfolio of assets is published, consistently; I think that the Conservative party has we can have a proper debate about the whys and wherefores voted against something like £20 billion of necessary of each one. tax increases for the years to come. It requires tougher Mr. Ben Wallace (Lancaster and Wyre) (Con): In decisions on spending in the years to come, but where 2001 and 2005, the Government made a manifesto there are things that the Government should not hold pledge that they would nationalise the Tote in order to on to, we should sell them off. Yes, we should allow gift it to racing. Will the Minister tell us what proportion local authorities to keep receipts to invest in local of the proceeds from the sale will be given to racing and priorities, but business or financial assets, such as those what steps he will take to safeguard the jobs in , that the Prime Minister talked about today, can be sold because he studiously avoided the question on that from off and the proceeds used to pay debt. the right hon. Member for Makerfield (Mr. McCartney)? Several hon. Members rose— Mr. Byrne: The announcement today has done nothing Mr. Speaker: Order. We have under 10 minutes to go to disturb the policy commitments that have already and we want as many people to contribute as possible. been made about the different sales of assets. However, the Government must balance the need to get best value Mr. Ian McCartney (Makerfield) (Lab): In 2008, I for the taxpayer in the years to come with the constraints spoke in the House about defending the jobs in the Tote and policies regarding each of the different businesses in Wigan, in my constituency and that of my hon. and assets. That is quite properly a subject for further Friend the Member for Wigan (Mr. Turner). After discussion in the House. meetings with Downing street and the Minister at the time, a commitment was given that, in any future sale, Mr. (Livingston) (Lab): May I just clarify the jobs and the investment in north-west Wigan would things? We have consistently made a commitment to the be protected. Will my right hon. Friend give a commitment racing industry that if we sell the Tote, we will contribute that that is exactly what will happen? The first I heard half the receipts back to the racing industry. Is that still as a local Member of Parliament about the 600 jobs our position? and the sale was over my porridge at six o’clock this morning. Mr. Byrne: Yesitis. 27 Sale of Government Assets12 OCTOBER 2009 Sale of Government Assets 28

Mr. Philip Dunne (Ludlow) (Con): How much have Jim Cousins (Newcastle upon Tyne, Central) (Lab): the Government pencilled in from sales of leisure centres Does the programme of disposals include all or part of owned by local authorities, and how many of those the business of Northern Rock? leisure centres are currently facing financial ruin because of Her Majesty’s Revenue and Customs’s claims to Mr. Byrne: The programme that we are putting before recover retrospective VAT? the House now, and which we will put before the House in more detail in the months to come, does not include Mr. Byrne: The figures on local authority asset sales disposal of the Government’s interests in financial that have been put before the House this afternoon are institutions. projections based on the pattern of local authority asset sales for the past 20 years. Over the last 20 years, local Mr. Andrew Tyrie (Chichester) (Con): What is the authorities have sold something like £3.7 billion of Minister’s definition of a fire sale? assets a year. As the recovery sets in and as market values return, we have no reason to think that those Mr. Byrne: I would define a fire sale as selling things values will be any different in future. for substantially less than we think we could secure for taxpayers. However, this Government have a good record of selling assets in order to pay down debt, not least Ms Katy Clark (North Ayrshire and Arran) (Lab): regarding the money that was raised from 3G licences in Does my right hon. Friend agree that a lot of people years gone by. Those decisions allowed us to go into this listening to this debate will think that it is a bit rich that recession with debt at something like 36 per cent. of the market got us into this situation, but the market will gross domestic product, which is much lower than other now be able to buy our assets on the cheap? countries in the G7. Those decisions have helped us to ensure that help is available for businesses and families Mr. Byrne: As I said in my statement, the Government to get through this recession—help that the Conservatives must not only lock in the recovery, but lay the foundations opposed. for growth in the years to come. As growth sets in, our ambition is to halve the deficit over four years. That is Mr. David Winnick (Walsall, North) (Lab): With all going to require a number of difficult decisions. If we these public assets due to be sold off, may we be want to invest in creating new industries and new jobs in reasonably satisfied that at least the the years to come, as well as to put public finance on a will not be flogged off to some land speculator or sustainable footing for the medium term, there will be property company in the near future? difficult decisions on tax and difficult decisions on spending. However, if we can create new investment in Mr. Byrne: There are some limits that even I must the infrastructure that we need in the years to come and observe. if that can be financed through selling off assets that we no longer need, it is the right decision to take. Hywel Williams (Caernarfon) (PC): On 29 June, the Prime Minister said that the £16 billion would be redirected Bob Russell (Colchester) (LD): Will the Minister to public investment. Will the money go to investment confirm that his brief fails to alert him to the common or to pay off debts? Even the Prime Minister cannot sense of hon. Members on both sides of the Chamber spend the same money twice. relating to the funding and history of the building of the two tunnels under the Thames and the Thames Mr. Byrne: As I tried to say in my reply to the hon. bridge? It was intended that they would be paid for and Member for Twickenham (Dr. Cable), we think that then made free. In a spirit of joined-up government, will local authorities will be able to secure some £11 billion he confirm that the is at this of asset sales and central Government will achieve some very moment looking at proposals that could lead to £2 billion of asset sales. That money will be available for the removal of the tolls altogether? re-investment in infrastructure and other capital investment priorities. There are some businesses that can raise some £3 billion over the next two financial years, and those Mr. Byrne: The Department for Transport has to proceeds can be used to pay down debt. look at a whole range of scenarios for the years to come, not least whether another crossing is put over the Jeff Ennis (Barnsley, East and Mexborough) (Lab): Thames. That is why I said that the ambition over the Can the Minister confirm that the onward sale of the next couple of years—the next two financial years—is Tote will be on the basis of the seven-year exclusive to raise something of the order of £3 billion from the licence that was in the original sale? Will the Treasury disposal of central Government businesses. We think be willing to consider a revised bid put forward by a that the assets listed could make a big contribution, but racing consortium? there will not be a fire sale. We will seek to extract the most value for taxpayers from the sale of the assets. Mr. Byrne: The answer to the second question is yes. That is why the Chancellor will return to the House The answer to the first question is, as I said to my right with a portfolio of assets that we think it is right to sell hon. Friend the Member for Makerfield (Mr. McCartney), over the next couple of years—the assets to which the that the current policy position on the sale of the Tote is hon. Gentleman referred will, I think, be among them. undisturbed by the announcements made today. 29 12 OCTOBER 2009 30

Libya UN Security Council and the UN Secretary-General and, with the support of the Security Council, in 1999 3.52 pm persuaded the Libyans to surrender the two accused to a specially constituted court in the Netherlands where a The Secretary of State for Foreign and Commonwealth Scottish panel of judges, without a jury, would try the Affairs (David Miliband): Mr. Speaker, with your permission, accused under . Libya also agreed to pay I will make a statement on the circumstances surrounding $10 million compensation to each of the families of the the decision of the Scottish Justice Minister on 20 August victims, whatever their nationality, if the defendants to release on compassionate grounds the man convicted were convicted. Megrahi was found guilty under Scottish of the bombing, Abdelbaset al-Megrahi. law by the court in 2001 and his conviction was upheld As the Prime Minister has said, Lockerbie was a on appeal in 2002. terrorist act of the gravest brutality. It was the largest Against that background and, as I will explain later, peacetime loss of life on British territory. It was a major in particular after the Libyan admission of responsibility tragedy, with the killing of 43 Britons in the sky and in for WPC Fletcher’s murder, the UK restored diplomatic Lockerbie, 190 Americans and people of 19 other nations. relations in July 1999. The long-term aim was clear: the It was an act, by people and a state, that breached all normalisation of relations with Libya. norms of humanity. That is why the reception for Megrahi on his return in August at airport was On 19 December 2003, following months of secret so unacceptable. discussions with the UK and US, the Libyans announced My statement today sets out the events leading up to that they would eliminate their weapons of mass destruction the Scottish Justice Minister’s decision to release Megrahi. and nuclear weapons programmes, and restrict the range I will set out the changes in Libya’s relations with the of their missiles. They also agreed to immediate international international community since 1988 and address the inspections and to be bound by all the relevant international three central issues raised in respect of the UK Government agreements, which they now are. Today, we share at the time of his release: first, the decision by the information and co-operate in our efforts to disrupt and Government to sign a prisoner transfer agreement with dismantle terrorist groups in Europe and north Africa, Libya that did not exclude Megrahi; secondly, the in particular al-Qaeda in the Maghreb, which was relationship between the British Government and Scottish responsible for the kidnap and murder of Edwin Dyer Executive in the decision-making process; and thirdly, in May. We also try to find common ground in the UN the separate questions of the investigation into the and elsewhere on matters of common concern. murder of WPC Yvonne Fletcher and the compensation There is also an entirely legitimate commercial dimension for victims of Libyan-supported IRA terrorism. to our ties. With the largest proven oil reserves in Africa The House will know that today is the 25th anniversary and extensive gas reserves, Libya is potentially a major of the Brighton bombing, when the IRA attempted to energy source for the future. We work hard to support murder a British Prime Minister and her Cabinet, and British business in Libya, as we do worldwide. did kill five people, including one Member of this We continue to have serious concerns about human House, and injured many others. Throughout the 1980s rights in Libya, including about freedom of expression, and 1990s, the Libyan Government were linked to a arbitrary detention, political prisoners and the mistreatment number of terrorist organisations, including the Provisional of migrants. There are a number of important outstanding IRA. Libya’s support for international terrorism defined issues, in particular concerning the investigation into its relations with the western world. the murder of WPC Fletcher and the campaign for As right hon. and hon. Members will recall, WPC compensation by the victims of IRA terrorism. Yvonne Fletcher’s murder in April 1984 led us to cut off In May 2007, Prime Minister made his diplomatic relations. The bombing of a nightclub in second visit to Libya. His summit with Colonel Gaddafi in 1986 was followed by US air-strikes on at Sirte covered the full range of our interests with Tripoli and . When evidence emerged supporting Libya. Mr. Blair signed a defence accord and witnessed allegations that Libyan intelligence officers had been the public signature of a major BP exploration contract. involved in the bombing of flight 103 over Also agreed was a memorandum of understanding on Lockerbie in December 1988, the United Nations Security negotiations for a judicial co-operation package, including Council demanded that Libya hand over the accused a prisoner transfer agreement and agreements on mutual and imposed sanctions when it failed to comply. legal assistance, extradition, and civil and commercial During the 1990s there was evidence from a range of law. sources that the Libyans were also actively pursuing a The UK had a model agreement, based on Council of range of nuclear, chemical and biological weapons Europe arrangements, that was the starting point for programmes, as well as the development of ballistic negotiation on our prisoner transfer agreements with missiles. Libya was a pariah state whose activities posed any country and that provided the starting point for a clear and unambiguous threat to international peace negotiations with the Libyans. Four points are relevant. and stability, and to our security in this country. The First, a PTA provides for prisoner transfer, not prisoner story of the past decade has been very different. Libya release. Secondly, it provides a framework for transfer, has abandoned its support for international terrorism not a right to transfer. Thirdly, a PTA cannot be used and stopped its pursuit of weapons of mass destruction, when appeals, including by the prosecuting authority, in a series of events that merit the term unforeseeable. are outstanding, as in this case. Fourthly, Ministers in In 1998, the US and UK Governments put forward a the sentencing jurisdiction—in this case Scotland—have detailed joint proposal for the trial of the two accused an absolute right to veto any transfer. of the Lockerbie atrocity. Our joint commitment to This standard draft had no provision for any carve-out close and transparent working in all matters has continued for any named prisoner. However, the Scottish Executive throughout this case. We reported our proposal to the made strong representations for us to seek to alter the 31 Libya12 OCTOBER 2009 Libya 32

[David Miliband] allow the to return to complete their work. We share the determination of the Fletcher standard PTA so as specifically to exclude Mr. Megrahi. family to find answers, and continue to work on this The UK negotiation team, led by the Ministry of Justice, case. sought in good faith to achieve this goal. In 1995, Libya provided critical information on its The Libyans insisted that the only PTA that they past links to the IRA. At that time, the then UK would sign was a PTA without any exclusions. So the Government wrote to the United Nations declaring Government had a clear choice. We could agree to a that they were standard PTA with no exclusions, retaining for Scottish Ministers an absolute veto over any request for prisoner “satisfied that they have largely met our expectations” transfer in the case of Megrahi—a veto which they used in accounting for the extent of their support for the in August this year—or we could have ended the Provisional IRA. Libya has since then considered the issue negotiations to prevent an application for prisoner transfer. a closed matter. Nevertheless, in respect of the campaign This would have set back our wider national and involving hon. and right hon. Members to secure commercial interests that flowed from normalised relations, compensation from Libya in respect of its past support as the Justice Secretary has made clear. Since the PTA for the Provisional IRA, we have created a dedicated involved no prejudice to the rights of the Scottish unit in the Foreign Office to facilitate the families’ Executive, nor pressure on the Scottish Executive, the renewed campaign. The unit is currently working with Government decided it was right to go ahead. The PTA hon. and right hon. Members to secure a visit to Libya finally took effect in April 2009. soon. In September 2008, a new factor came into play. Twenty-one years on, the ongoing pain of the Lockerbie Megrahi was diagnosed with terminal cancer. The Libyans atrocity remains a testament to Libya’s past association became increasingly concerned at the prospect of with international terrorism. Her re-entry into the Mr. Megrahi dying in a Scottish prison. They communicated community of nations does not and cannot absolve her this to the Government and to the Scottish Executive. It of this responsibility. It does, however, represent a major was repeatedly made clear in reply, including in the step forward. The Government make no apology for Prime Minister’s meeting with Colonel Gaddafi on their part in securing this progress and we reject the 10 July this year, that the decision on Mr. Megrahi’s fate charges repeatedly made but not justified. The PTA was was exclusively for Scottish Ministers and the Scottish not an agreement for Megrahi’s release. The Scottish judicial system. Justice Minister said he was not pressurised to release Notwithstanding that any decision on release was for him. We did not forget the victims of IRA terrorism, or Scottish Ministers and the Scottish judicial system, the WPC Fletcher. On that basis, I commend this statement UK Government had a responsibility to consider the to the House. consequences of any Scottish decision. We assessed that although the decision was not one for the UK Government, Mr. (Richmond, Yorks) (Con): We British interests, including those of UK nationals, British are grateful to the for making a businesses and possibly security co-operation, would be statement and we of course concur with his remarks damaged—perhaps badly—if Megrahi were to die in a about the horrors of the Lockerbie bombing and about Scottish prison rather than in Libya. Given the risk of the 25th anniversary of the Brighton bombing, the Libyan adverse reaction, we made it clear to them that memory of which means a great deal to all of us in the as a matter of law and practice it was not a decision for House, but particularly to those of us in the Conservative the UK Government and that as a matter of policy we party. were not seeking Megrahi’s death in Scottish custody. In other respects, we will differ with the Foreign In Scotland, compassionate release generally comes Secretary’s statement, because it is our view that the into play in the last three months of a prisoner’s life. release of Mr. Megrahi by Scottish Ministers was a Scottish Justice Secretary MacAskill has set out the mistake, that the episode was characterised by obfuscation process by which he arrived at his decision in August and confusion on the part of Ministers at Westminster this year to refuse the PTA transfer but to grant Megrahi and that it damaged the standing of this country in compassionate release. He also set out the grounds on the United States. The Secretary of State said that the which he did so. As the Scottish Justice Secretary repeatedly decision was absolutely wrong, and the director of the stated in his announcement, this was a decision for him FBI said that it made and him alone to take. The Government were clear that any attempt by us to pressure the Scottish Executive “a mockery of the rule of law.” would have been wrong. At the press conference announcing As the Foreign Secretary has pointed out, relations his decision, the Scottish Justice Secretary confirmed with Libya have improved over the last 10 years, which that there was “no pressure from Westminster”. we all welcome. Since then, as he also pointed out, It is also important to address the unfounded allegation Libya has voluntarily dismantled its programmes on that we ended our search for progress in dealing with weapons of mass destruction, surrendered al-Megrahi the legacy of Libya’s past support for terrorism. Admission for trial and co-operated on migration and counter- of responsibility for WPC Fletcher’s murder and the terrorism. We all want that co-operation to continue for payment of compensation were necessary for the restoration the future. In the opinion of most people of this country of diplomatic relations in 1999. Four years later, we and in our opinion, however, the case to release Mr. Megrahi secured Libyan agreement to a joint investigation into against that background was outweighed by the the murder. It was clear, including to the family, that requirements of justice and the fact that he had been anyone prosecuted for the murder would have to be sentenced to for the murder of tried in Libya. Since 2007, the Libyans have refused to 270 people—an opinion shared across the parties, including 33 Libya12 OCTOBER 2009 Libya 34 by the leader of the Labour party in Scotland, who said The Foreign Secretary effectively argued in his statement that this would not have happened if the Labour party that the Government were happy to see Mr. Megrahi had been in power there. released—he can put that a different way if he does not One of the most bizarre aspects of the decision to agree to those words, but that is effectively what he release al-Megrahi was the fact that the Scottish Executive, argued. Does he agree with me that it was therefore having concluded that they could not transfer him deeply regrettable that the Prime Minister stayed silent under the prisoner transfer agreement because it would on this issue for five days after the release, and that it breach assurances given to the United States, then took him another four days to say that he respected the concluded that it was appropriate to release him altogether. decision? Would it not have been better for the Prime Would it not have been more sensible to conclude that if Minister to say immediately either that he disagreed it was inappropriate to return him to Libya as a prisoner, with the decision, or that he agreed with it if he thought it was even more inappropriate to release him as a free it was, on balance, the right thing to do? man? Twelve days after the release, it emerged that the In the time available, let me put a few short questions Minister of State, Ministry of Defence, the hon. Member to the Foreign Secretary about the Government’s own for (Bill Rammell) had told the Libyans at a conduct. Will he clarify what advice the Foreign Office meeting in Tripoli that the Prime Minister did not want gave to Scottish Ministers? We know that the Foreign al-Megrahi to die in prison. That statement received and Commonwealth Office’s middle east and north tortuous confirmation from the Foreign Secretary when Africa directorate wrote to the Scottish Justice Secretary he said what he subsequently said in this statement—that saying: “we were not seeking his death in prison”. “We do not consider that the UK entered into a definite Why, then, did the Secretary of State for Children, commitment, legal or otherwise, with the United States.” Schools and Families say that However, both the United States Attorney-General and “none of us wanted to see the release of al-Megrahi”? Secretary of State were adamant that assurances had How can that be reconciled with the statements of been given to the US Government that any person Foreign Office Ministers? Why was the Cabinet unable convicted would serve his sentence in Scotland—and, to express a coherent view on the subject? Did it not by implication, would serve the sentence. Why was there damage this country in the eyes of the world that it was this fundamental difference of opinion between unable to do so? Westminster, Holyrood and the United States? The Foreign Secretary commented on the prospects Secondly, the Foreign Secretary appears to have argued of taking forward the case of WPC Yvonne Fletcher. in his statement, in line with what the Justice Secretary Will he say whether he sees any realistic prospect of said in his interview at the beginning of last month, that success, and what the next steps will be? trade played a big part—a view that I see the Justice While we welcome the fact that the Government have Secretary now assents to—in the decisions made about changed their policy on support for the families who the prisoner transfer agreement. In that case, why did were victims of Libyan-backed IRA terrorism, can the the noble Lord Mandelson say of that suggestion that Foreign Secretary assure us that as well as assisting “it is not only wrong; it’s completely implausible and actually those families, and consistent with that, Ministers will quite offensive” now raise the issue with Libyan officials and Government to say that the release of al-Megrahi was in any way members whenever the opportunity arises? It seems linked to trade. [Interruption.] If the Foreign Secretary extraordinary for Her Majesty’s Government to give thinks that Lord Mandelson was wrong—however risky assistance to the families but never mention the subject it may be make that assertion—he can say so and we in their dealings with Libya. can get that clear! Even more importantly, will he say Will the Foreign Secretary concede that, when all the what the event was that changed the Government’s facts are taken together, it is clear that damage was done policy on the prisoner transfer agreement and caused all round because of the Government’s mishandling of the Justice Secretary to change his mind? What was the the matter? Not only do the British public disapprove of event, threat or negotiation that led to that change? Is it this decision; our American allies were mystified and the case, as Colonel Gaddafi’s son has asserted, that felt let down, from the President downwards. At present Megrahi was it is harder to pursue improved relations with Libya “always… on the negotiating table in all commercial, oil and gas after all this, because of the cloud of suspicion that contracts and when British interests were discussed in Libya”? currently hangs over Britain’s dealings with that country. The Foreign Secretary said nothing in his statement about relations with the United States. Given the evident Given the number of questions, the huge public differences of opinion with the US on the nature of the interest in the matter and the need for clearer answers to assurances given about Mr. Megrahi, should not the those questions, should we not have the independent United Kingdom have informed the US about the change inquiry into the matter for which we have called throughout? of policy on the prisoner transfer agreement? My hon. Friend the Member for Aylesbury (Mr. Lidington) tabled David Miliband: Let me deal with the points made by a question on 7 September, asking whether that was the shadow Foreign Secretary. done, but no reply has yet been given. Will the Foreign I think that much of the right hon. Gentleman’s Secretary clear up the confusion now by saying whether quarrel—he was quite open about this—is actually with the US was informed of the British Government’s policy the Scottish Justice Secretary. He described the way in and, if so, what was said in response? Will he now which his view of the case differs from that of the accept that the Government’s handling of this matter in Scottish Justice Secretary. He was right to say that there the aftermath of the Scottish decision left a great deal was a difference between the prisoner transfer agreement to be desired? and compassionate release. As I said in my statement, 35 Libya12 OCTOBER 2009 Libya 36

[David Miliband] The Foreign Secretary has once again tried to suggest that at all times the British Government acted appropriately the prisoner transfer agreement is not an agreement for and that they got the best possible result for everyone release, but an agreement for the transfer of a prisoner involved. I have to tell him that that is not the view of from a prison in one country to a prison in another many victims of the Lockerbie massacre, or the victims country. As I also said in my statement, the prisoner of Libyan-supplied IRA Semtex bombs, or the family transfer agreement was not available for use because of of WPC Fletcher—not to mention President Obama. appeals that were under way, including one from Scottish How were the United States Government able to secure Ministers in respect of the length of the sentence. compensation from Libya for the Lockerbie bomb victims, However, the Scottish Justice Secretary dismissed that. yet the British Government failed to secure compensation The advice to the Scottish Executive was the subject for IRA bomb victims? Why did it take this summer’s of letters published last month. There was no legal bar row to force a change in policy on compensation for to the decision made by the Scottish Justice Secretary. It IRA victims? is also important to point out that at every stage in the Today, the Foreign Secretary has once again protested late 1990s it was clear—as it would have been clear to that there was no link between al-Megrahi’s release and any Government talking to another Government—that any trade deals; yet his explanation of why his right the Government could not bind the hands of their hon. Friend the Secretary of State for Justice totally successors, and could not foresee all the circumstances changed his position on the prisoner transfer agreement of the future. Certainly, I think that the transformation with Libya suggests, in his own words, commercial of our relations with Libya qualifies for the term considerations were a key factor, so is it not the case “unforeseeable”. that trade came before justice? Even if trade issues did The right hon. Gentleman cautioned me about the not affect the final decision to release al–Megrahi, is the risky business of decoding the remarks of my right hon. Foreign Secretary saying that in all UK Government Friend Lord Mandelson, but actually they did not need negotiations with the Libyans there was never any discussion to be decoded in this case. What Lord Mandelson involving any type of linkage between al-Megrahi’s said—as the right hon. Gentleman pointed out—was possible future release and trade deals for UK companies? that there was no deal for the release of Megrahi in While we all welcome the changed Libyan policies in respect of trade, and that is absolutely right. I am afraid recent years in respect of terrorism, will the Foreign that the right hon. Gentleman was condemned in quoting Secretary not accept that the Libyan regime still has an the words of Lord Mandelson. As for the son of the extremely poor record on human rights? According to Libyan leader, he has made it quite clear that there was Amnesty, peaceful opponents of the regime can face no deal in respect of Megrahi’s release. execution merely for speaking out, so will the Foreign The right hon. Gentleman asked about the next steps Secretary make it clear today that Britain wishes to see to be taken on the Fletcher case. Obviously I will not Libya clean up its act on human rights, and will he give a running commentary on all the aspects, but I therefore explain why Britain has been training Libyan look forward to meeting the Metropolitan Police Service police and Libyan special forces, and granting a growing and the Fletcher family again this month with a view to number of export licences for everything from water discussing how we might take that forward. I think it cannon to armoured personnel carriers? would be wrong to give false hope at this stage, because Given all this, surely the Foreign Secretary must the Libyans have made it absolutely clear that they think again about our call for an inquiry, and the consider the matter closed. Conservative call, and announce an inquiry that covers Of course we will continue to discuss the support for all aspects of the UK-Libyan relationship in the run-up the families of the victims of IRA terrorism with the to the release of al-Megrahi. Nothing else will be able to Libyan authorities, but we have reached the very clear reassure the public that trade in arms did not come view that there is more chance of its being addressed on before justice. Anything else should be unacceptable to a humanitarian basis by representatives of the families this House. than in a Government-to-Government negotiation. It is important to be open and clear about that. David Miliband: I want to start by saying very clearly I said in my statement that candour and transparency that the fundamental issue in this case was the right of were the essence of our with the Scottish Ministers to take this decision without pressure. United States. That relationship, and that basis, have It is the word of the Scottish Justice Minister—not a been fulfilled at every stage of this affair. The right hon. member of the governing party in the United Kingdom, Gentleman will I hope have seen the article in the but a member of the —that it last month by the new United States was his decision, his decision alone and a decision taken ambassador to the United Kingdom, which made it without pressure from Westminster; he himself has said absolutely clear that our relationship with the United that. The most fundamental responsibility of the States was as strong as ever, and I hope he will also have Government was to respect the constitution of this studied carefully the words of Secretary Clinton yesterday, country, which has devolved powers in respect of this who could not have been more fulsome or clear about issue, and that was acted upon very diligently by the the strength, and continued strength, of the relationship Government. between the UK and the United States. In respect of US compensation and the victims of Mr. Edward Davey (Kingston and Surbiton) (LD): IRA terrorism, the hon. Gentleman will know that the May I thank the Foreign Secretary for his statement United States were at a different stage in the restoration and note in passing that long recesses are not a good of diplomatic relations than us. We restored diplomatic advertisement for Parliament, as too often we cannot relations after the resolution of the WPC Fletcher issue, ask questions when they are most pertinent? and, as I explained in my statement, the United States 37 Libya12 OCTOBER 2009 Libya 38 were at a much later stage in their discussions. None the consequences of the decision and to make it clear that less, I think it important to support the campaign being we were not seeking the death of Mr. Megrahi in jail, waged by hon. and right hon. Members on this issue. although it was a decision for the Scottish Justice Minister I will check Hansard, but the hon. Gentleman did say to make. That is something we said repeatedly throughout in his question—I wrote it down—“Even if trade this affair. negotiations did not affect the final decision.” That was Sir (Kensington and Chelsea) (Con): an important thing to say because I could also quote Is the Foreign Secretary aware that, as Secretary of what he said on the radio when debating with my right State for Scotland in 1988, I had to travel to Lockerbie hon. Friend the Secretary of State for Justice, which on the night of the disaster? Never for a moment did I was far from such an admission. I hope that the hon. expect that the person convicted of murdering more Gentleman has now recognised that the final decision than 200 people would be released and sent home was not affected, as it could not be because we were not having served only eight years of a 27-year minimum putting pressure on. sentence. Is the Foreign Secretary aware that he has In respect of Libyan human rights issues, the hon. made a remarkable admission today? In his statement Gentleman will know that the Foreign Office publishes he said—correctly, of course—that it was the Scottish an annual human rights report. He is right to draw Executive’s Minister who took the decision, but he went attention to this, and I mentioned it in my statement. I on to say that the UK Government had a responsibility certainly agree with him that we want to make human to consider the consequences of that decision. He says, rights abuse a thing of the past, wherever it exists. in his own statement, that the only consequences that Finally, the Libyan police training is a programme to they considered were the implications of al-Megrahi help Libya meet its human rights obligations; far from dying in a prison in Scotland, rather than at home. So, undermining the case, which he and I share, that Libya has the Foreign Secretary, by his own admission, not needs to clean up its act, this was a way of helping it to acknowledged that he paid more attention to the views do so. of the Libyan Government, who were responsible for On the inquiry, which is the hon. Gentleman’s single this terrorist outrage, than to the views of the United transferable answer to every conceivable policy problem, States, almost 200 of whose citizens were killed on that his call seems to be ill-founded. On the sentencing evening? authority, the Scottish Executive and the Scottish authorities are the right people to consider whether there are any David Miliband: I remember where I was in 1988—I issues in that respect, and I come to this House to was a student in . I can well imagine the explain the facts of the case. Given that a lot of the emotion and passion that exists—[Interruption.] My papers have already been published—last month—I right hon. Friend the Justice Secretary says that he think there is more than enough material for him to remembers the right hon. and learned Gentleman travelling make his own judgments about the situation. to Lockerbie at that time. I am sure that the right hon. and learned Gentleman never expected the transformation Several hon. Members rose— in Libyan relations that has taken place, nor anticipated the terminal cancer that struck. I want to address, head Mr. Speaker: Order. Leaving aside the evident interest on, the nonsense that he talked at the end. We considered in this statement, there is heavy pressure on business every eventuality—[Interruption.] I am sorry, but the today, as the House will appreciate, so once again I statement is absolutely clear that we had a responsibility appeal to each hon. or right hon. Member to ask a to consider the consequences of the decision that was single short supplementary question and to the Foreign taken, and the decision—be it one way or the other—had Secretary to provide us with a brief reply. I call Mr. David to be accounted for. Three possible decisions could have Hamilton. been taken, and they were all considered as part of our Mr. David Hamilton (Midlothian) (Lab): One thing contingency planning for what the Scots might do, of that angers most Scots, as it does people throughout the their own accord, in the decision that was theirs to take. UK, is that this Government did not condemn outright Mr. Jim Devine (Livingston) (Lab): Unlike my hon. the action taken by the Justice Minister in Scotland. His Friend the Member for Midlothian (Mr. Hamilton), I decision angered the vast majority of Scots and people fully support the Scottish Justice Secretary’s decision to throughout the UK. What message does it send to our send al-Megrahi home. During the middle of this furore armed forces fighting in Afghanistan that we release a it was reported that my right hon. Friend the Foreign prisoner who should never have been released? Secretary had sealed the papers for ever regarding the David Miliband: I have a great deal of respect for my Lockerbie bombing. Is that the case, and if so why? hon. Friend, whom I know to be a strong supporter of David Miliband: That is the first I have heard of it. our work in Afghanistan and of the extraordinary Obviously, some of the papers were released by the bravery of our troops there. I hope he will accept that Scottish Executive last month and the normal freedom there is not a scintilla of doubt about the Government’s of information rules will apply. Perhaps my hon. Friend commitment in that respect, nor a scintilla of support is referring to the papers of previous Governments—I or succour given to those who would be attacking our do not know if that is the case, but I am happy to have a troops. He said that this was a decision that we made. It word with him afterwards to get to the bottom of his was not a decision that the Government made; it was a concern. decision made by the appropriate authorities—in this case, a single member of the Scottish Executive: the Mr. David Heathcoat-Amory (Wells) (Con): Is not the Scottish Justice Minister. It is right to say very clearly real problem that we have now in this country two that it was not for the British Government to take this competing jurisdictions—the Scottish Executive and decision. It was for the British Government to assess the the UK Government—both pursuing aspects of foreign 39 Libya12 OCTOBER 2009 Libya 40

[Mr. David Heathcoat-Amory] Moray (Angus Robertson) mentioned a moment ago— particularly that on the medical grounds—or whether, policy and with overlapping and sometimes conflicting in a few months’time, we might discover that compassionate responsibilities? What is the Foreign Secretary doing to release is as effective a cure for cancer as it once apparently sort out this muddle and confusion and to prevent it proved for Alzheimer’s disease in another high-profile from happening again, so that we can bring some compassionate case? coherence to our relations with other Governments? David Miliband: I have no evidence to suggest that David Miliband: There are no competing jurisdictions the medical opinions were other than straightforward, when it comes either to foreign or criminal justice but we are all obviously watching the clock on this issue. policy. The right hon. Gentleman will know that there has long been a different system of criminal law in Malcolm Bruce (Gordon) (LD): Does the Secretary Scotland, which was previously administered by Ministers of State acknowledge that there is disquiet among many of the Crown here in London. However, now that his people about the fact that Mr. Megrahi withdrew his right hon. Friend the Member for (Mr. Cameron) appeal the day before Kenny MacAskill made his has arrived, I should say that his party now supports the announcement, presumably because of the return of devolution settlement in Scotland and I suggest that he prisoners legislation? Does the Secretary of State not stop attacking its continued presence in the United agree that as a consequence, people are disappointed Kingdom. that the opportunity perhaps to find other perpetrators of Lockerbie who have never been brought to justice Keith Vaz (Leicester, East) (Lab): I thank the Foreign has been lost? Does not that, in itself, justify an inquiry? Secretary for his statement, which has allowed Members on both sides to express their concern over the decision David Miliband: Although the Megrahi appeal was that has been taken. He mentioned the establishment of dropped, the appeal by the sentencing authority—by a new unit in the Foreign Office to help the families of the Crown—was not. That is why the prisoner transfer the victims of IRA terrorism. Will he give an undertaking agreement would not have been applicable in that case. to this House that it is not just the creation of the unit Of course, it is completely within the rights of those in that matters, but full and unequivocal support from the Scottish system to establish any sort of inquiry that Ministers for the campaign? Will he give thought to the they want into the decision that was taken. idea of a Minister’s leading the delegation when it goes to Libya to ask for that compensation? Andrew Mackinlay (Thurrock) (Lab): May I tell the David Miliband: I certainly give my right hon. Friend Secretary of State that the victims welcome the initiative the commitment of full ministerial engagement and of creating this special unit? Together with Northern support. However, I think it would be unwise to turn Ireland colleagues, I have been privileged to attend this into a Government-to-Government issue. It is far weekly meetings at the Foreign Office in connection better that we support the families, who are campaigning with this issue, but we want the opportunity to go to for the victims, and their representatives in Parliament, Tripoli to indicate that this can be a source of final because I think that a humanitarian appeal is more reconciliation. We need more leverage from Ministers likely to succeed. I do not want to raise expectations of to get us access to Tripoli, where the victims can put imminent success in this area, but I think that a their case before the Libyan regime. I urge the Secretary humanitarian appeal has more likelihood of success of State to tweak things a bit, just to put that extra than a Government-to-Government negotiation. energy into it.

Angus Robertson (Moray) (SNP): I hope that the David Miliband: I am grateful for what my hon. Foreign Secretary deprecates the comments we heard Friend has said—he has been a doughty campaigner on from those on the Labour and Conservative Benches behalf of the victims. In fact, I think that he was in a who seek to undermine the Scots legal system, where it meeting in the Foreign Office the week before this all is custom and legal practice to release prisoners who are blew up, and he will know that there is a real commitment terminally ill on compassionate grounds. The decision to that proposal. I am happy to talk to him about the by Justice Secretary Kenny MacAskill on al-Megrahi sort of tweaks that he thinks necessary, but I think that was based on the recommendation of the Parole Board the case that he made for a visit to Tripoli is overwhelming, and the prison governor, and on the medical advice of and I look forward to its being met. the Scottish Prison Service. Does the Secretary of State agree that it was correct to make a decision based on Mr. Henry Bellingham (North-West ) (Con): quasi-judicial grounds and not on political considerations? Is the Foreign Secretary aware that I represent the family of Bill Cadman, who was a constituent murdered David Miliband: The particular role of the Justice in the Lockerbie atrocity? The family feel incredibly Secretary in Scotland, like that of the Justice Secretary strongly, as do the other families. The Scottish fatal in the UK, is circumscribed by quasi-judicial aspects. accident inquiry was too limited in scope, because it did They have been followed through in this case and that is not cover security issues. Why has there never been a why the Prime Minister said that we respected the proper full inquiry into this atrocity, so that the families process by which he came to his decision. of the victims could secure proper closure?

Tom Levitt (High Peak) (Lab): Given that this was a David Miliband: I did not know about the individual decision by a Scottish Minister on compassionate grounds, family concerned, but I know that there are strong I wonder whether my right hon. Friend has seen any feelings among the families in the UK. It is right to keep assessment of the evidence that the hon. Member for saying that the criminal justice investigation and the 41 Libya12 OCTOBER 2009 Libya 42 final prosecution were undertaken under Scots law. It is Dr. William McCrea (South Antrim) (DUP): Will the for the Scottish Executive and the Scottish system to Foreign Secretary confirm that there is evidence that decide if there are any holes in that approach and, if the Libyan Government supported terrorist groupings, there are, to follow that up. including the Provisional IRA, even in the early 1970s, and that the papers that were recently released prove Mr. David Jones (Clwyd, West) (Con): If the decision that the then Labour Government offered inducements to release al-Megrahi were made not by the Scottish to the Libyan Government, seeking the withdrawal of Justice Secretary but by the Foreign Secretary’s colleague, their support from the murderous Provisional IRA? the Lord Chancellor, would the Foreign Secretary still Will the Government therefore actively engage with feel constrained to remain silent in the face of the those innocent people who have suffered because of the world’s press? IRA-Libyan connection, and lead the delegation to Libya? David Miliband: I think that the hon. Gentleman will find that such a decision, whether in Scotland or in the David Miliband: The hon. Gentleman makes an UK, is for the Scottish Justice Secretary or for an important point. He dramatises the shift that has occurred English Justice Secretary to take, alone and on their in Libya’s position in the international community over own. Its quasi-judicial nature applies in both systems. the past 15 years. It is certainly our determination to work closely with him and with his right hon. and hon. Mr. (Orkney and Shetland) (LD): Friends. I repeat to him what I have said in response to Does the Foreign Secretary accept that after all the other questions in the House: it is the leadership of the sound and fury generated by Governments, the people group on humanitarian grounds, rather than on bilateral who are left feeling more alienated and marginalised Government-to-Government grounds, that holds the than ever are the families of the 259 passengers and best chance of success, and on that basis, we are absolutely crew from and of the 11 Lockerbie committed to supporting him in any way that we can. residents? They are the ones who are left feeling, more than ever, that they are further from the truth. I have Mr. Ben Wallace (Lancaster and Wyre) (Con): On asked the Select Committee on Scottish Affairs to hold 16 December 2003 a meeting took place between officials an inquiry into how the machinery of government in from the British Foreign Office and Downing street and London and in has operated to produce this Libyan intelligence officials. Just three days later the lamentable situation. Would the Foreign Secretary assure then Prime Minister, Tony Blair, announced the WMD me that if the Committee were minded to proceed with deal. At the negotiations in the Travellers club, the such an inquiry he and the rest of the Government subject of Mr. Megrahi was raised. Could the Foreign would co-operate with it fully? Does he not think that Secretary tell us in what context it was raised, and can the families deserve that at the very least? he assure the House that there was absolutely no link between the status of Mr. Megrahi and the WMD deal? David Miliband: I can certainly assure the hon. Gentleman that the Government will follow all the David Miliband: In my statement and in my answers appropriate procedures and precedents when it comes to questions I have given a full explanation of the to the establishment of inquiries by this or any other situation. I have also explained the circumstances leading House. to the abandonment by the Libyans of their WMD programme. As the right hon. Member for Richmond, Mr. Graham Brady (Altrincham and Sale, West) (Con): Yorks (Mr. Hague), who speaks for the Conservative May I, too, emphasise the strength of feeling among party on these issues, has made clear, there is cross-party many friends and family of the Lockerbie victims about consensus about the process and the outcome in respect the fact that there should be a full inquiry, especially as of Libya’s weapons of mass destruction programme they believe that the dropping by Megrahi of an appeal and its nuclear programme. I should have thought that may deprive them of any opportunity of really finding the hon. Gentleman would be better off resting on that the truth and achieving the closure that they want? basis.

David Miliband: I am sure that the hon. Gentleman’s NEW MEMBER words have been heard in Scotland as well as here, The following Member made the Affirmation required because it is for them to decide whether or not there is by law: the basis or evidence for a new inquiry of any kind. Chloe Smith, for , North. 43 12 OCTOBER 2009 44

Personal Statement Health Bill [Lords] 4.38 pm [Relevant Documents: The Eleventh Report from the 4.36 pm Joint Committee on Human Rights, Legislative Scrutiny: Health Bill; Marine and Coastal Access Bill, HC 396, (Redditch) (Lab): With permission, and the Fourteenth Report from the Committee, Legislative Mr. Speaker, I wish to make a personal statement. Scrutiny: Welfare Reform Bill;Apprenticeships, Skills, Children and Learning Bill; Health Bill, HC 414.] I am grateful to the Committee on Standards and Consideration of Bill, as amended in the Public Bill Privileges for its consideration of the detailed report Committee from the Parliamentary Commissioner for Standards following his seven-month investigation. I want to apologise unreservedly to the House, as I have to my constituents, New Clause 12 for wrongly claiming for the cost of films alongside my DE-AUTHORISATION OF NHS FOUNDATION TRUSTS broadband and cable connection. This claim should never have been made and, as the Committee notes, I ‘(1) In the Act 2006 after section 52 insert— paid back the claim in full as soon as it was brought to my attention. “52A Application of sections 52B to 52E (1) Sections 52B to 52E apply to— On the issue of second home allowances, the (a) an NHS foundation trust authorised under section 35 commissioner and the Committee recognise that my on an application under section 33; London home is indeed a home. They dismiss the most (b) an NHS foundation trust established under section 56 usually repeated newspaper descriptions of my living to which subsection (2) applies. arrangements, and I welcome this judgment. As the (2) This subsection applies to an NHS foundation trust if— report makes clear, I sought and received written advice (a) at least one of the trusts on whose application the NHS from the parliamentary authorities that supported my foundation trust was established was an NHS foundation main home designation and, indeed, I spent more nights trust within subsection (1)(a), or was an NHS trust all in London than in Redditch for three of the four years or most of whose hospitals, establishments and facilities in question. I have never flipped my designation and I were in England, or own only one home. (b) the NHS foundation trust is the result of a succession of mergers under section 56, any of which involved an The Committee recognises that there is no evidence NHS foundation trust within subsection (1)(a) or an that the taxpayer would be any worse or any better off NHS trust all or most of whose hospitals, establishments as a result of my having made a different decision. and facilities were in England. However, in retrospect the commissioner concludes that 52B De-authorisation: regulator’s notice I should have used my discretion to change my main (1) The regulator may give the Secretary of State a notice home designation. I accept the Committee’s conclusions under this section if it is satisfied that— and I therefore apologise to the House. I want to say (a) an NHS foundation trust to which this section applies sorry, too, to my constituents. They are my No. 1 is contravening or failing to comply with, or has priority, and for too long this investigation has contravened or failed to comply with, any term of its overshadowed the work that I do for them. authorisation or any requirement imposed on it under any enactment, and (b) the seriousness of the contravention or failure, or, if there has been more than one, of any of them taken together, is such that it would justify the Secretary of State making an order under section 52D. (2) The notice must be in writing. (3) With the notice the regulator must give the Secretary of State a report stating the reasons why it is satisfied as mentioned in subsection (1). (4) Before giving a notice under this section, the regulator must consult first the Secretary of State (unless the notice follows a request by the Secretary of State under section 52E) and then— (a) the trust, (b) any Strategic Health Authority in whose area the trust has hospitals, establishments or facilities, and (c) any other person to which the trust provides goods or services under this Act and which the regulator considers it appropriate to consult. 52C Grounds for de-authorisation notice (1) In determining under section 52B(1)(b) whether the making of an order would be justified, and in determining whether to give a notice under that section, the regulator must consider these matters (among others)— (a) the health and safety of patients; (b) the quality of the provision by the trust of goods and services; 45 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 46

(c) the financial position of the trust; (5) The required period is— (d) the way it is being run. (a) 14 days beginning with the day after the regulator (2) The regulator must publish guidance as to the matters receives the request, or (including those mentioned in subsection (1)) that it proposes to (b) any longer period specified in the request. consider in making those determinations. (6) The Secretary of State may by order extend or further (3) Before publishing any guidance under this section, extend the required period.” including any revised guidance, the regulator must consult— (2) Schedule 2 (which inserts Schedule 8A to the National (a) the Secretary of State, Health Service Act 2006, which makes provision about (b) each NHS foundation trust to which this section de-authorised NHS foundation trusts) has effect.’.—(Mr. Mike applies, O’Brien.) (c) each NHS trust intending to make an application to Brought up, and read the First time. become an NHS foundation trust, and (d) such other persons as the regulator considers 4.38 pm appropriate. The Minister of State, Department of Health (Mr. Mike 52D De-authorisation O’Brien): I beg to move, That the clause be read a (1) If the regulator gives notice under section 52B in relation Second time. to a trust, the Secretary of State must make an order for it to cease to be an NHS foundation trust. Mr. Speaker: With this it will be convenient to discuss (2) An order made under subsection (1) must specify the date the following: when it is to take effect, which must be within the period of New clause 11—Notification of Care Quality Commission 5 working days beginning with the day on which it is made. special reviews and investigations (3) On an order under subsection (1) taking effect in relation to a body, it ceases to be an NHS foundation trust and a public ‘(1) The Health and Social Care Act 2008 is amended as benefit corporation and becomes a National Health Service follows. trust. (2) In section 39 (bodies required to be notified of certain (4) The order must specify, in relation to the trust, the matters matters) after subsection (2)(d) insert— mentioned in paragraph 5(1)(a) to (c) of Schedule 4 and, where “(e) an investigation under section 48 (special reviews and the trust has a significant teaching commitment, the matters investigations).”’. mentioned in paragraph 5(1)(d). Government amendments 21 to 37. [Interruption.] I (5) The order may provide for any provision under subsection appeal to Members who are leaving the Chamber to do (4) specifying the number of executive directors and non- so quickly and quietly to allow for orderly transition to executive directors to take effect at the end of a period specified in the order. the next business. (6) Schedule 8A makes further provision about trusts in Mr. Mike O’Brien: I rise to move Government new respect of which an order is made under subsection (1). clause 13. This amendment would insert the new clause (7) If it appears to the Secretary of State to be necessary in into the Bill to enable a designated mental health NHS order to comply with provision made under subsection (4), or foundation trust to earn up to 1.5 per cent. of its total made by regulations under paragraph 4 of Schedule 4, the income from income that it derives from private charges. Secretary of State may by order— The new clause also contains a definition of mental (a) terminate the office of any executive or non-executive health foundation for that purpose. director of the trust; In the course of the Bill’s passage through Parliament— (b) appoint a person to be an executive or non-executive [Interruption.] Sorry, Mr. Speaker, I am afraid that my director of the trust. speaking notes are not in the right order. I apologise for (8) Within seven days after the day on which the Secretary of that. They have just been reorganised, and I think that State makes an order under subsection (1) the regulator must publish its report under section 52B(3). those who reorganised them did so somewhat more efficiently than they should have. Let me move to new (9) In this section “working day” means any day which is not clause 12 and Government amendments 21 to 37. Saturday, Sunday, Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and The Mid Staffordshire Foundation NHS Trust failed Financial Dealings Act 1971. its patents and the national health service. Members 52E Secretary of State’s request will be well aware of the history of that case, the House has debated it at length and I am grateful to many hon. (1) If it appears to the Secretary of State that there are grounds for the regulator to be satisfied as mentioned in Members, from all parts of the House, who during the section 52B(1), the Secretary of State may request the regulator past year have drawn our attention to the issues at Mid in writing to consider exercising its power to give a notice under Staffordshire. We have to learn the lessons from that that section. case and ensure that such events cannot take place (2) A request under this section must— again. The report of Dr. David Colin-Thomé, the national clinical director for primary care, contained a number (a) specify the NHS foundation trust to which it relates, and of recommendations that are being taken forward, including better co-ordination among both the regulators themselves, (b) state the grounds relied on by the Secretary of State. and among the regulators and the primary care trusts (3) The Secretary of State must lay before Parliament any and strategic health authorities. request under this section. (4) If within the required period the regulator does not give a Mr. Nicholas Soames (Mid-Sussex) (Con): Will the notice under section 52B in response to a request under this right hon. and learned Gentleman give way? section, it must, within that period, publish its reasons for not doing so with a statement as to how it has complied with Mr. Mike O’Brien: I shall, but I am just introducing section 52C(1). the issue. 47 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 48

Mr. Soames: I am very grateful. On that particular that what happened in Stafford cannot be repeated point, following the dreadful events in Staffordshire, did across the rest of the country? What audit has he the Minister issue to the strategic health authorities carried out to ensure that? throughout Britain a lessons-learned document or any other instructions? Mr. Mike O’Brien: We have set up the Care Quality Commission, whose job it is to ensure that standards in Mr. Mike O’Brien: Dr. David Colin-Thomé undertook the trusts across the health service are high. The commission a report on the issue, so a full report on the lessons to be can look at how such standards are operated. Furthermore, learned was issued throughout the national health service. Monitor, the organisation that oversees the foundation It was not issued as a ministerial directive; it was more a trusts, is responsible for ensuring that the overall operation clinical examination of the issues that had arisen. We of the brand is of high quality. have now started an inquiry into the details of what happened locally in the trust. The inquiry is hearing Mr. Hoyle rose— evidence and will, we hope, report towards the end of Mr. Mike O’Brien: I shall give way, but there is a lot this year or the start of next. I hope that that deals with to get through today and I want to make progress after the hon. Gentleman’s point. my hon. Friend’s intervention. Improvements have been made: for example, Monitor has formalised and improved its contact with the Care Mr. Hoyle: My right hon. and learned Friend mentioned Quality Commission, which needed to be done; and, the use of Monitor, but would it not be common sense working with the CQC and Monitor, we are tightening for the organisation that oversees NHS hospitals to up the quality requirements for aspirant foundation oversee foundation trusts as well? The fact is that Monitor trusts. does not oversee both; perhaps there would be better The amendments act on just two of the many lessons similarities if only one organisation investigated. that we have learned from Mid Staffordshire. First, Mr. Mike O’Brien: I take my hon. Friend’s point, but foundation trust status should not be seen as a one-way in a sense the Care Quality Commission will be considering ticket. That is an important message which we need to the quality of the NHS as a whole; it will examine put out off the back of the Mid Staffordshire incident. particular trusts and particular issues in relation to Secondly, transparent democratic accountability is vital trusts where it needs to do so. Monitor’s role is different: when a foundation trust fails. Members want to know to oversee foundation trusts and to ensure that that what Ministers will do to sort out the problem, and on brand of independence, identity and accountability that issue there were clearly some difficulties. demonstrates good standards. Dr. Howard Stoate (Dartford) (Lab): Will my right The amendments need to be viewed in the context of hon. and learned Friend ensure that foundation trust Monitor’s existing powers of intervention under the board meetings are held in public? At the moment, the National Health Service Act 2006 and the de-authorisation vast majority are held privately and therefore do not proposals already in the clauses relating to trust special reassure the public that there is transparency in foundation administrators. The 2006 Act gives Monitor wide powers trusts as currently constituted. to intervene on an FT in the event of a significant breach—the word “significant” is important—of the Mr. Mike O’Brien: There will clearly be variation in terms of authorisation. Monitor has a range of powers, the work that trusts—whether foundation or, indeed, including removing any or all of the directors of the non-foundation—are able to conduct in public and in board or requiring the board of an FT to do, or not to private. Some of their work is about contracts, including do, specific things. The clauses relating to trust special which contracts they are going for and how they make administrators already enable Monitor to trigger judgments and arrangements in relation to them, so de-authorisation of a foundation trust that is no longer some matters are commercially confidential. However, sustainable—again, an important word—in its current we need to ensure that trusts—whether foundation or form. That is as a preliminary to the de-authorised trust non-foundation—are accountable publicly, so as much coming under the control of a trust special administrator as possible should be in the public arena. as part of a clearly defined six-month process. I agree with my hon. Friend as far as that is concerned, The proposal under consideration today is a further, but let me say this: the foundation trust model is a key distinct piece of the jigsaw. It enables Monitor to trigger plank of reform, allowing greater freedom and autonomy de-authorisation when—and this is very rare—a sustainable to those who can demonstrate high performance. FT FT has breached any term of its authorisation or a status is a hard-earned privilege and an incentive to statutory requirement and the breach is so serious that drive up quality, innovation, productivity and local it justifies that step. A power to de-authorise makes accountability. When an FT has failed to live up to that clear that foundation trusts must maintain the high standard and public confidence has been damaged, it is standards expected of them and gives a strong signal to in our interests to ensure that the privileges of FT status the public that organisations must earn the right to are withdrawn. When I say “in our interests”, I am continue as foundation trusts. A de-authorised foundation talking about the interests of the public as a whole in trust would become an NHS trust under the Secretary ensuring that the foundation trust brand justifies giving of State’s powers of direction. As with the clauses such freedom and responsibility. relating to trust special administrators, transitional arrangements would be put in place to allow the continuation of commercial arrangements entered into 4.45 pm using FT freedoms and to ensure continuity of services Mr. Lindsay Hoyle (Chorley) (Lab): Will the Minister for local people; that was particularly important in give an assurance to the rest of the foundation trusts relation to Monitor. 49 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 50

Triggering de-authorisation is a complex decision. I Sir Patrick Cormack (South Staffordshire) (Con): make no apologies for the complexity of the process, The Minister will know from our consultations on the which is about balancing the freedoms and independence sad episode in Stafford that I have sympathy with his of the FT network with the need for democratic view that Monitor should be able to take sanctions accountability. The amendments establish a framework against a defaulting trust. However, having listened to requiring that Monitor considers the health and safety what he has said I am a little worried that the process of patients, the quality of services that are provided, the will be vague and cumbersome. What can he do to financial position of the trust and the way in which it is reassure me on that? being run. To ensure full and proper consideration of this issue, the amendments propose that Monitor be Mr. Mike O’Brien: We have discussed the process required to publish guidance setting out in detail the with Monitor and made it clear that we want it to be factors that it will take into account. It is also important relatively quick. The hon. Gentleman will know from that before triggering a de-authorisation, Monitor consults his experience as a Staffordshire MP that there were key stakeholders to get their views. Accordingly, the concerns about how that matter was dealt with and the amendments require Monitor to consult the Secretary speed with which it was dealt. We therefore need to of State, the trust, the appropriate strategic health ensure that there is sufficient time to deal with the issues authority and relevant commissioners of the trust’s so that Monitor is able to receive a request from the services. That mirrors the process relating to trusts’ Secretary of State, in that particular part of the process. special administrators. The Secretary of State will determine whether he believes In addition to highlighting the need for such a that the situation requires such a request. Monitor will de-authorisation process, the Mid Staffordshire experience then have 14 days—it will be able to apply for more time highlighted issues of democratic accountability. While if it wishes—to take a view as to whether de-authorisation Monitor is responsible for the regulation of foundation is the appropriate process. If it decides that it is not, and trusts, the Secretary of State is ultimately accountable that it can deal with the matter by taking various steps, to Parliament for the overall provision of NHS services. it will say so and have to set out its reasons. Monitor’s operational independence is a vital component If Monitor takes the view that de-authorisation is of the regulatory framework, and one that we should necessary, there will be a further stage in the process. We seek to maintain, but when considering the most serious must not get mixed up about which stage we are talking risks to patients the Secretary of State should have the about. At that stage, Monitor will be able to consult ability at least to express formally his view. To enable governors, the relevant strategic health authority and that, the amendments propose that the Secretary of the various other parties that are directly affected, including State will be able to request formally that Monitor the commissioners for the trust involved. considers de-authorising a foundation trust. In such a I make no apologies for the fact that the system is situation, it will be vital that the Secretary of State and complicated, but in practice, given the urgency and Monitor are able to act quickly and transparently. rareness of the situation in question, we need to be able We therefore propose that if Monitor believes that a to deal with problems expeditiously. It is important to differing course of action is preferable, it will be required make the point that, thankfully, we do not expect situations publicly to explain its decision, either within a default such as that in mid-Staffordshire to arise with any of 14 days or within such further time as the Secretary regularity. On the contrary, we believe that the process of State deems appropriate to the particulars of the will be very, very exceptional. However, the criteria need case. If there is a case for a longer period, Monitor may to be set out on which each party that has to make ask for that and the Secretary of State will be able to decisions, such as the Secretary of State and Monitor, consider it and take a view as to how long it should be. can do so. The speed at which decisions can be made and the various consultations involved will be allowed for in the process, because various organisations have Mr. David Drew (Stroud) (Lab/Co-op): I speak as a an interest in the matter. governor of an acute hospital trust. At what stage does the Minister believe that Monitor should be talking to Dr. Tony Wright (Cannock Chase) (Lab): I should governors, and what time frame should governors have like to reinforce the point that has just been made about to consider some of the internal operations of the trust? the need for decisive action if we have another catastrophe There is not much point in being a governor if the first such as that in Staffordshire, which I hope we do not. thing that happens is the disempowering of their role in The frustration in that case, knowing the enormity of any such questioning of the trust. Where do the governors what had happened, was the delay in doing anything come into this arrangement? about it, and particularly the inability quickly to put in a new chief executive and top staff to clean up the place. Mr. Mike O’Brien: Monitor will have to publish This machinery sounds rather elaborate; I want to guidance on how it will carry out the process, as well as know that it will enable the Department of Health and the criteria that it will use. How that is done will be Ministers to get in and sort the thing out immediately. the subject of further discussions between Monitor and the various trusts and/or interested parties, including Mr. Mike O’Brien: The important point is that the the Secretary of State. Our view is that if Monitor system will keep Monitor as the decision maker in the decides that the way in which a trust has behaved means process. Monitor will still have the role of making a that it has to go through the process of considering decision, but it will have to explain and justify in a whether that trust should be de-authorised, Monitor public forum why it reached it. I understand from will need to carry out appropriate consultation, and it advice that Monitor is comfortable with the position may well be that governors are appropriate people to that we have reached. It has gone through the process consult. with us and considered the matter, and it can understand 51 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 52

[Mr. Mike O’Brien] I shall now deal with new clause 11, which was tabled by the hon. Members for Eddisbury (Mr. O’Brien) and why we feel that in certain circumstances, when a serious for Hemel Hempstead (Mike Penning). It seeks to ensure case arises, Ministers need to be able to make a request that, when the Care Quality Commission undertakes an to it. It will then make a decision whether to de-authorise, investigation or special review into a particular aspect after which the trust will be in a position in which of care pursuant to section 48 of the Health and Social Ministers can take action quickly. Care Act 2008, relevant bodies are informed. In the case My hon. Friend will recall that what happened in the of an investigation or review of NHS services, that case of Mid Staffordshire, with reasonable speed, was would mean informing the relevant primary care trust, that as soon as the report came out Monitor acted to strategic health authority and Monitor. put in place temporary managers. One problem, as he I understand the concerns behind the new clause and will recall, was that the chief executive, who by all I am very sympathetic to its aim; in principle, there is no accounts was a talented individual, was part-time and great difference between us. However, an amendment to was also working elsewhere for another hospital. That that effect is not necessary because the intended purpose was not satisfactory in the view of much of the public in is already covered under formal agreements that the Stafford, and various local MPs, including my hon. CQC has made with Monitor and the SHAs. There is a Friend the Member for Stafford (Mr. Kidney), made shared view about what should happen, but I am concerned representations expressing the view that we needed to about some of the drafting problems with new clause 11. put in place new, full-time management, particularly a I could go into those problems, although there is no chief executive. Through discussions with Monitor, we great difference between us on what the hon. Member were able to ensure that that happened. My hon. Friend for Eddisbury wants to happen and the various levels of the Member for Cannock Chase (Dr. Wright) will be contact. aware of the detail of the process, so I do not need to The CQC can carry out an investigation when it has outline it. If my hon. Friend is asking whether Ministers evidence that suggests a serious problem, which may be will be able to crash into the whole process, yank out a putting patients at risk. Under the 2008 Act, it also has trust and say, “You are no longer a foundation trust, new, more powerful enforcement powers, which it will and as a Minister I am going to do this”, the answer is be able use to tackle serious service failings, such as no. Ministers will not have that power, but they will those in the Mid Staffordshire NHS Foundation Trust. work through Monitor to see whether there is a way of The CQC always informs SHAs when an investigation ensuring that the best approach is taken. is carried out. That is clearly set out in a memorandum of understanding that has been signed by the CQC and Mr. (South Cambridgeshire) (Con): the SHAs. In almost all cases, the CQC would also Will the Minister give way? question the relevant SHA and PCT as part of its investigation. It would therefore be well aware of what Mr. Mike O’Brien: I will give way briefly, but I am was going on. reaching a conclusion. If the hon. Gentleman insists The CQC also informs Monitor of an investigation that he wants me to give way, I shall do so. involving NHS foundation trusts. Section 70 of the 2008 Act places a duty on the two regulators to work 5pm together. A legal duty therefore already exists. A Mr. Lansley: The Minister will recall that the intervention memorandum of understanding between the two regulators by Monitor took place on the same day as the publication states that, in carrying out their regulatory functions, of the Healthcare Commission’s report on Mid Staffordshire the CQC and Monitor will inform each other as soon as NHS Foundation Trust. The same thing happened in reasonably possible of any matters that may require relation to Maidstone and Tunbridge Wells NHS Trust. action or a response from the other. That includes Given that the Secretary of State, not Monitor, was notification in advance where that is appropriate. Therefore, responsible for the scrutiny and oversight of Maidstone in the case of investigations, the formal agreements that and Tunbridge Wells NHS Trust, what action did the the CQC has in place with the SHAs and Monitor Department take that was different from the action that would provide for the notification that the amendment Monitor took on Stafford? seeks to achieve. We know from experience that the CQC will also publicly announce any new investigation, Mr. Mike O’Brien: Clearly, it was much easier for the and will involve all key stakeholders. I hope that that Minister to take action directly with regard to Maidstone, reassures the hon. Member for Eddisbury that we do which was not a foundation trust—to deal with the not have a big difference in principle. We have already problem as soon as we had looked at the detail of the achieved what he and I would like through the agreements evidence that was presented. The Department took that have been made and the legal duty to co-operate in action on Maidstone. the 2008 Act, which is in place. I therefore do not believe that we need new clause 11. Mr. Stephen O’Brien (Eddisbury) (Con): That is not Amendment 25 seeks to correct a minor drafting the point. error in clause 18(8)(b), which lists orders that are not subject to any statutory procedure. The other orders Mr. Mike O’Brien: The hon. Gentleman can stand up made in connection with trust special administrators and give his response rather than sitting chuntering are not subject to any statutory procedure and an order from the Front Bench. If he wants to ask a question, I made under subsection (5) of proposed new section 65L will happily give him an answer, but if he just wants to should also have been included in the list. That makes dismiss it and chunter, that is up to him. I am not sure the drafting consistent with the Government’s original that it is the best way of dealing with arguments, but intention, which was approved by the House of Lords there you go; it is the way he does it. Committee on Delegated Powers and Regulatory Reform. 53 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 54

Foundation trust status and its regulatory framework receive the treatment that they deserved and that they have brought significant benefits for patients. We want rightly expect in our NHS. Before going any further, to continue and enhance those benefits, and to encourage therefore, we must take a moment to remember all those more movement towards foundation trusts. However, who have suffered and those who continue to suffer the Government new clause and amendments will fill an because of the failings at the Mid Staffordshire trust. important gap in the current regulations, to enable Although that need not be a party political matter, some of the issues that arose in the wake of the Mid sadly, there is a choice. The Government are unwilling Staffordshire debacle to be dealt with by Monitor and, to have the bright of a full public inquiry shine on in due course if necessary, by the Secretary of State. that appalling scandal, and I pay tribute to my hon. They also ensure that we can help to protect patients on Friends the Members for Stone (Mr. Cash) and for the very rare occasions when a foundation trust fails its South Staffordshire (Sir Patrick Cormack) and to our local population. party’s candidate for Stafford, Jeremy Lefroy, who have Mr. Stephen O’Brien: In addition to addressing campaigned hard for a public inquiry. The Conservatives Government new clause 12 and speaking to their supported such an inquiry and continue to do so, but amendments, I shall address new clause 11, which was the Labour party, including the hon. Member for Stafford tabled by my hon. Friend the Member for Hemel (Mr. Kidney), who is now a Minister, opposed it. Jeremy Hempstead (Mike Penning) and I. Lefroy has worked hard, along with Cure the NHS, a coalition of deeply concerned people, to call the Before I address the substantive points, I want to Government and local bodies to account. place on record how disappointed I am that the Government have seen fit to make this serious group of changes to Under existing legislation, the Secretary of State can the Bill at this very late stage. They are introducing by order transfer the property and liabilities of the trust three new areas to what is already a portmanteau Bill. back to himself, among other bodies, so there is already There is little reason why the measures could not have a process of de-authorisation. The Secretary of State’s been introduced in Committee. I am sure that the whole hubris lies in one sentence of his letter on the amendments, House, particularly Back Benchers, will be disappointed which states: that the debates that they wished to have are being “Whilst we have a rigorous system of authorisation, we have squeezed by the Government’s last-minute legislating. no corresponding process to de-authorise.” Government new clause 12 introduces five new sections Could this set of late amendments be a cloak to cover to the four clause part of the National Health Service the embarrassment of the Secretary of State and Ministers? Act 2006 that deals with failing NHS foundation trusts, Is it, at best, window dressing or, at worst, an attempt to as we have just heard. The new sections give Monitor shut the stable door after the horse has bolted? To the power to give the Secretary of State a notice decide whether the new clause has any merit, we have to recommending de-authorisation on the following grounds: examine not only the effect, but the motives that lie “the health and safety of patients…the quality of the provision behind it. by the trust of goods and services…the financial position of the The simple fact is that the problems at Mid trust” Staffordshire were not the result of a failure by and Monitor or, in fairness, by the Secretary of State in his “the way it is being run”. informal oversight of the trust. They were almost The measures give the Secretary of State the power to entirely due to existing problems in the trust that were de-authorise within five working days of such a notice ignored during the so-called “rigorous system of being received, and the power to recommend to Monitor authorisation” and the flawed policies of the that it give a notice recommending de-authorisation. If Government that put targets and bureaucracy before Monitor does not give such a notice, the Secretary of professionals and patient care. The Minister may have State will have the power to ask it to provide a written quoted the findings of the Colin-Thomé and Alberti report as to why not. The other measures are consequential reports, but, as has been shown in this Chamber and amendments. elsewhere, those reports are both flawed. Neither is The reason for the changes, as was made clear in independent of a civil service that has seen the chief the Secretary of State’s letter to the shadow Secretary of executive of the Shropshire and Staffordshire strategic State, my hon. Friend the Member for South health authority become the chief executive of the NHS. Cambridgeshire (Mr. Lansley), is the Government’s The subsequent chief executive of the West Midlands somewhat less-than-adequate response to the tragic events SHA, Cynthia Bower, has become the chief executive of at Mid Staffordshire. Indeed, that response was, in part, the Care Quality Commission. She only raised mortality the result of the absence of a transparent failure regime, rates once in her routine briefings to the board, and which was promised in 2003 but is still not forthcoming. only in relation to the Healthcare Commission’s As it happens, as shadow Minister for the Potteries as announcement of its intention to investigate Mid well as a shadow Health Minister—Stafford is a key Staffordshire in March 2008. On that occasion, she interest of all people in Staffordshire, and above all to stated that everyone in Stafford—I have been closely involved with “there appeared to be nothing to indicate that anything out of the events since the damning report into the hospital, as ordinary was taking place on mortality”. have my hon. Friend and the Leader of the Opposition. Board minutes show that performance is consistently We must remember that at the heart of the issue is the measured in terms of meeting Government targets on avoidable deaths of up to 1,200 people. Each of those waiting times and finance, and that the chief executive deaths leaves family and friends with a heavy burden of officer’s briefings invariably focused on the latest strategy grief, which is only intensified by the serious questions from the Department of Health. Neither report interrogates that need answering. Furthermore, the deaths can only the Government’s target culture, explains why the National be indicative that many hundreds more patients did not Patient Safety Agency failed to alert anyone at any level 55 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 56

[Mr. Stephen O’Brien] 5.15 pm Mr. William Cash (Stone) (Con): There has been a about the high mortality rates or addresses the impact good deal of discussion about the Mid Staffordshire of the cull of the independent—and thus trusted— NHS Foundation Trust, although I do not intend to go community health councils in favour of the in-house down that route now. However, in the context of the NHS patient and public involvement forums. Nor do points made about Monitor, does my hon. Friend accept they scrutinise, beyond the warmest and most meaningless that some of us believe—I have said this in a reply to a words, the ability of local involvement networks, or letter that I received from the Minister—that although LINks, to combat such problems in future. We pressed there is a case in certain circumstances for the Secretary that point, to no avail, in Committee. of State to put pressure on Monitor, there are also Neither do the reports explore the fear culture that occasions on which he should completely override it silenced nurses at the trust, which was almost the most and take the powers to himself to take the necessary unfathomable aspect of the episode for anyone who action to disband a trust? That may not be what my understands nurses. Neither report looked at the impact hon. Friend wants me to say—I am not sure. on the trust of trying to comply with the European working time directive nor examined the role that practice- Mr. Stephen O’Brien: What my hon. Friend is seeking, based commissioning, a flagship Government policy, from those on both sides of the House, as well as from played in divorcing GPs from the secondary care that all those who have any responsibility for ensuring that their patients were receiving. the architecture is robust enough to deal with the sort of Most worryingly, neither report explained why the problems that arose so tragically for his constituents, is trust got through the so-called rigorous authorisation that there should be an ability, with information and process. The House will know that the Secretary of evidence, for early intervention and then immediate State alone can authorise a foundation trust. He takes action, which would enable somebody to have the powers advice from the applications committee, but he is not to get the thing under control before it is too late. That obliged to follow its advice. However, the Secretary of must ultimately be the lesson. The question therefore State’s predecessor has not apologised for the decision must be: what is the best architecture for achieving that? in this case, or explained where the process went wrong. Towards the end of my contribution I will say why we have proposed our new clause 11, which may help my There are other, potentially suspect, motives. The hon. Friend to understand why we have proposed what response to the consultation states that we have proposed. “some concerns were raised about the use of a public confidence test when the Secretary of State is deciding whether to request Mr. Mike O’Brien: I want to be clear about the hon. interventions. Monitor does not believe the test is appropriate, Gentleman’s answer to the hon. Member for Stone feeling it risks dragging the Secretary of State into any situation (Mr. Cash). Does he believe that if the situation was with media interest. Others are concerned that this could risk very serious, there should at some stage be the ability intervention being based on media perception rather than evidence.” for de-authorisation, so that the Minister could intervene This is not the first time that we have seen the Government and take control in order to deal with the problems that make public relations the prime motive for policy. Within had arisen? this Bill, the regulatory impact assessment on trust special administrators lists in its summary that the first Mr. Stephen O’Brien: We have been clear about the key non-monetised benefit is “maintaining public position, which is that if there is a serious failure, there confidence”, and suggests that a public perception that must be the ability to make an early intervention. Broadly, nothing was being done could be damaging to the in our view Monitor ought to be the body that can put organisation. The first considered monetised cost is, in new management quickly and take the necessary tellingly, “public perception/media handling”. powers, but under the Government’s approach, Monitor Why is the new clause flawed? has ultimately been a financial regulator rather than the overall regulator. That is why we have urged the Government (Holborn and St. Pancras) (Lab): I see to increase Monitor’s powers, which would give it the some merit in some of the points that the hon. Gentleman retained independence. makes, but I do not understand why he seeks to exonerate Let me move on. The Government’s proposal has Monitor from criticism. It was entirely concerned about compromised the independence of foundation trusts finance, not about the standard of patient care. and given the Secretary of State more incentive to meddle in them and potentially to play politics with Mr. Stephen O’Brien: I am grateful to the right hon. them and the NHS. As even the response to the consultation Gentleman for that, because my answer to his point document admits, Monitor expressed concern that, as enables me to say, first, that I am not aware of any framed, the proposals in the document did not adequately evidence that Monitor was informed by the Care Quality reflect the principles of Monitor’s independence or of Commission and, secondly, that our argument is that transparency. In addition, foundation trusts disagreed Monitor should be strengthened. That would have enabled or strongly disagreed with the proposal, arguing that it, had it been told, to take appropriate action. Despite the process of de-authorisation would be detrimental to the denial, in terms, in the Secretary of State’s letter, our patients, staff and visitors. Some FTs questioned what concern is that what may lie behind the new clause and the removal of FT status would achieve, considering the the Government’s amendments is a cooling-off of their existing mechanisms to turn around hospital performance. enthusiasm for the foundation trust model and its As an aside, in the rushing through of the legislation, independence. We therefore want to ensure that that is it has not been possible to see the responses to the made clear, although I suspect that that might be more consultation, only the Government’s collation of them, welcome to the right hon. Gentleman than to those on which does not aid transparency. We have to ask: what his Front Bench. have they left out? We are entitled to know. 57 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 58

We could ask why the Secretary of State is pushing attempt to ensure that we had in place something on what some have described as reactionary legislation. which we could agree. It would ensure that Monitor and What is clear is that it does not appear to be about local commissioners and authorities had early notification patient care. That is why the shadow Secretary of State of any special investigations that the Care Quality said that there was a big question mark over wanting to Commission was undertaking, including into foundation bring everything back under the Department of Health, trusts, so that speedy action could be taken where as though it might be any better than Monitor at doing necessary, and that includes replacing the management. something about such problems or anything else that That is the first part of the answer. The Minister might have been proposed, because the only direct keeps trying to drive the idea that the Government have parallel from which we can draw evidence of a similar the only concept in town and that they have a full situation is Maidstone and Tunbridge Wells NHS Trust. de-authorisation procedure, but they have not proved Despite what the Minister said, the Department did that they have a rigorous enough authorisation nothing when the trust came under its gaze. There is procedure—if they had, Mid Staffordshire would not therefore a real absence of confidence that the Department have got through the process. Moreover, a de-authorisation stands any chance of being any better at dealing with process assumes that something has to have failed, but the processes. The question therefore has to be how we we propose that we should get in early enough to strengthen Monitor and the other processes. prevent things from going wrong in the first place. The impetus behind the new clause is clear from its The answer must be to strengthen Monitor, which wording, which includes phrases such as has been one of the most effective regulators, not to “the regulator must consider these matters (among others)…the divert power from it. However, the real problems would way it”— be very much helped by having something along the the trust—“is being run” and lines of the autonomy and accountability Bill that we “the Secretary of State may request the regulator in writing to have placed on the table and asked the Government to consider exercising its power to give a notice”. take up. We have offered it to the Government countless The new clause reads very much as though it has been times, and with the Queen’s Speech coming up, they will written not by a lawyer, but by somebody who has PR perhaps take this last opportunity to do the right thing. concerns in mind. We need to be very careful about On that basis, I commend new clause 11, but my colleagues that. and I are not persuaded that the Government have Mr. Mike O’Brien: I have listened with great care to made their case on new clause 12. what the hon. Gentleman has said, but I am still not sure what the answer is to the question that the hon. Sandra Gidley (Romsey) (LD): I will be fairly brief. Member for Stone and I have asked. Is there no To sum up, I have no problem with the general aim of circumstance in which de-authorisation should take the new clause, but I have some regrets about the lack of place and the Minister should be able to intervene? If time to look at it properly to check whether it does what so, there would be a complete absence of parliamentary it says on the tin. However, I appreciate that the timing accountability even in the most extreme cases. Is that of the consultation meant that it was not possible to the hon. Gentleman’s position? introduce anything any earlier. Mr. Stephen O’Brien: I am very concerned that the Some of the criteria appear to have been plucked out Minister is framing his question on the premise that we of the air and the Secretary of State appears to have can allow things to get as far as failure. If there is some wide-ranging powers to hire and fire, but I am not failure, there is already, as I have described, a clear whether those are different from the powers currently de-authorisation process in place because there are already in place. There is also the question of whether 14 days is powers to distribute the assets and liabilities. The whole the optimum length of time for Monitor or any alternative point is to bring about early intervention to prevent the regulator to provide sufficient good-quality information. circumstances at Maidstone and Tunbridge Wells and The consultation originally proposed seven calendar at Mid Staffordshire from arising and to ensure that we days. As the hon. Member for Eddisbury (Mr. O’Brien) can put new management in quickly and early in the pointed out, we have seen only the edited highlights of process, instead of having to wait until there has been a the consultation, but the document itself said that the failure. At that point, all that one will be doing is majority of respondents favoured a longer time. There looking at the past, rather than taking the early action is some flexibility, as the Minister acknowledged that that is required to address the problems. That is why my the time scale could be extended, but according to the party has made an alternative proposal. consultation document a number of people suggested The problems that manifested themselves at Mid having a short period for the initial response and a Staffordshire will be solved only by stripping distorting longer back-up period if more detail were required. The targets out of our NHS, bringing back a strong patient actual length of time is not specified, so the concern is voice that can speak truth to power and strengthening that this must be got right—otherwise, there will be a commissioning at the local level. The Conservative party tendency to keep kicking the issues into the long grass. I has pledged to do all that—indeed, we pledged two would like an assurance that that cannot happen. years ago to do so. By using the wrong sledgehammer to The main gap that is still to be plugged has been crack the wrong nut, the Secretary of State has shown mentioned. Tempting as it is to kick around the Staffordshire that he does not have what it takes to do the right thing football again, we have a great deal of business to get by our NHS, the professionals and patients in it, and through, so let me make just one point here. Mid the people of Stafford. Staffordshire was given foundation trust status, so there We therefore offer new clause 11. I was grateful to the is either something wrong with the process that awarded Minister for saying that he broadly welcomed it, that he that status, given what we know was going on in the understood what lay behind it and that it was a fair background, or something wrong with Monitor. 59 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 60

Mr. Cash: The hon. Lady was on the Committee that The hon. Member for Stafford (Mr. Kidney)—I am looked at the Mid Staffordshire issues in one, albeit too delighted to see him on the Front Bench—my hon. short, sitting. Does she recall that Mr. Bill Moyes took Friend the Member for Stone (Mr. Cash) and the hon. part in the final meeting when trust status was being Member for Cannock Chase now have far more constituents conferred? Forty-nine questions were put at the meeting, treated at Mid Staffordshire than I do, but I have and I think I am right in saying that 38 of his own nevertheless heard a number of very distressing stories. criteria, laid down as chairman of the meeting, were on What happened at Mid Staffordshire was deplorable finance and governance and not about patient care. and inexcusable. All that concerns me in the context of That is the key problem. The hon. Lady is right on her this brief debate—and I will be brief—is that it must first point. not happen again, but if by any unfortunate chance it does, there must be a mechanism to deal with the Sandra Gidley: I thank the hon. Gentleman for that situation expeditiously. intervention, which relates to my next point. The process Mid Staffordshire should never have become a foundation of awarding foundation trust status or the old three-star trust, and after it became one, it was judged according ratings seems to be based on financial information. I to the wrong criteria. We were taken by surprise when it never thought that I would regard my hon. Friend the was revealed just how dreadful some of the treatments Member for Oxford, West and Abingdon (Dr. Harris) had been, how shoddily managed the place had been, as a soothsayer, but I did when I looked back at what and what a disgrace to the national health service it was. was said when we debated the Bill that created foundation That should not happen in a civilised country. trusts. My hon. Friend asked the then Minister, the right hon. Member for Barrow and Furness (Mr. Hutton): I am grateful to the Minister of State and the Secretary “What does the Secretary of State do when a hospital with a of State—as well as their predecessors—for the readiness three-star or two-star rating is subject to a scandal”?—[Official with which they have discussed these matters with Report, 7 May 2003; Vol. 404, c. 730.] Staffordshire Members. I am grateful, too, for the keen Unfortunately, the Minister was very unhelpful in his and real interest that they have taken in these matters. I summing up and he seemed to think that my hon. do not doubt for a moment that in presenting the Friend was speaking complete rubbish. It is easy to House with the new clause, they are trying to ensure dismiss remarks, buy my hon. Friend was obviously that a terrible disaster like the one at Mid Staffordshire making very prescient comments. does not happen again. It has been clear throughout—the current Secretary As I said briefly to the Minister in an intervention, of State for Health was, I think, on the Health Committee what worries me is that the process that is being proposed at the time—that the three-star trusts usually gain that is extremely cumbersome, and I doubt whether it can status because of financial issues. If finance is put produce the sort of expeditious result that my hon. alongside quality ratings, there is often a mismatch. I Friend the Member for Stone and I both want. I would agree entirely with all those who have said in today’s much prefer—my hon. Friend made the same point in short debate that quality is being sacrificed at the altar his intervention—a quick mechanism allowing the Secretary of financial probity. We cannot separate the two, because of State, with whom the buck always stops, to intervene quality is something that should not be allowed to drop very quickly. When something like the Mid Staffordshire under any circumstances. My original question about disaster comes to light, there should be no opportunity whether the process or Monitor were at fault remains for long discussions and debates about who does what pertinent, as there has clearly been a lack of liaison and and all the rest of it. There should be an instant opportunity a lack of attention to aspects other than financial ones. for dismissal, and for taking over management before The Liberal Democrats will not oppose new clause 12. anyone else dies or is treated in the inhuman way in Although there is some regret about the fact that it has which, sadly, so many patients were treated at Mid appeared so late in the day, I think that ultimately it is a Staffordshire. good thing. It will allow more transparency and make When some time ago the Minister discussed with decision making more accountable, and that can only us—and the Secretary of State—his wish to introduce a be good. mechanism to take away trust status, all of us around the table responded very positively. However, I am not 5.30 pm entirely persuaded that the mechanism that he is proposing now will be as effective and expeditious as I would like it Sir Patrick Cormack: The hon. Member for Cannock to be. Like him, I sincerely hope that what happened at Chase (Dr. Wright) is having to chair a meeting of a Mid Staffordshire will never happen anywhere else, but Committee of the House, which is why he is not present human beings are fallible, and it could happen. If it did, now. He did intervene briefly earlier. I would want a lightning reaction; I would want the I must make it plain that since 1997, fewer of my culprits to be got rid of, because at the end of the day all constituents have gone to Mid Staffordshire hospital that matters is the quality of care that our constituents, than before. Before the new Stafford constituency was wherever they live, receive in the hospital to which they created in 1997, when I represented the whole of South have had to be taken. The tragedy of Mid Staffordshire Staffordshire, a very large number of my constituents is that the people who placed their trust in the medical received excellent treatment in the hospital as it was care of that institution were in many cases terribly let then. I echo what was said earlier by my right hon. down—not in every case, but in many, many cases. That Friend the Member for West Derbyshire (Mr. McLoughlin), must not happen again. One reason why people did not our Chief Whip, who cited the excellent treatment have too many fears was the fact that this institution received by his late mother before she died in that bore the flagship label of a foundation trust, and yet hospital. never was any flagship holed below the waterline more often. 61 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 62

I just hope that the Minister can reassure me; and powers and functions of Monitor and the Secretary of because this should never be a party political matter, I State, and are seeking a way to get the right result, by would like him to enter into conversations with the nudging rather than by pushing or, indeed, by having shadow Secretary of State and other colleagues on my things taken over. This situation would have been a lot party’s Front Bench to see if we can come up, even at more straightforward if we had been given a straight this very late stage, with a solution that is acceptable to answer to the straight question that I have put so often: all of us, and one that can persuade all of us that there why cannot the Secretary of State take for himself is, indeed, a remedy if disaster strikes again. powers—like special measures in schools—to override everybody in the interests of the health of our constituents? Mr. Cash: I very much agree with what my hon. Friend the Member for South Staffordshire (Sir Patrick Mr. Lansley: I share my hon. Friend’s view that Cormack) has just said, and I am very glad that he restoring public confidence—on the face of it, that is agreed with some of what I said in an earlier intervention. the Government’s intention—can now be done in I also agree with my hon. Friend the Member for Staffordshire only on the basis of an independent and Eddisbury (Mr. O’Brien) that we want effective early public inquiry. We are committed to that. However, he intervention; I think we are all agreed on that. must recall that the problems—the quality issues—at I am also very happy to pay tribute to the Minister Stafford hospital started not with foundation status, but and the Secretary of State for the manner in which they before that. They had started over a considerable period have looked at this issue in Mid Staffordshire with both of time when the trust was an NHS trust under the some of my colleagues from Staffordshire and myself scrutiny of the strategic health authority and the personally on a number of occasions. If I may say so Department of Health, directly under the scrutiny of without implying any disrespect, they have dealt with the Secretary of State. As the events at Maidstone and this matter far better than their predecessors; that is my Tunbridge Wells told us, the Secretary of State’s direct frank opinion line of sight to hospitals does not mean that the Secretary of State knows what is going on and is doing anything This is a huge issue, and it is about lessons to be about it; we have seen too many instances of that. learned as well as what actually happened. As I said in my intervention on the hon. Member for Romsey (Sandra Mr. Cash: I hear with great interest and respect what Gidley), I am sorry that the Select Committee gave only my hon. Friend says, but I must mention that in this one sitting to these major issues—although we do now particular case there is a connection involving Mr. David have the Francis committee. As my hon. Friend the Nicholson, who was the chairman of Shropshire and Member for South Staffordshire said, the real problem Staffordshire strategic health authority at the time that arose in the granting of trust status in the first place, is being described. Subsequent appointments followed and, as I pointed out in my intervention, that was and he moved seamlessly up through the ranks to largely because the chairman of Monitor was present at become the chief executive of the national health service. that meeting and gave clear criteria. I have seen the I shall not go into some of the more recent commentary minutes, and I have handed them over to the Minister—not that I have seen in the newspapers, but I must repeat a that he needs me to hand them over to him—because it point that I have made on the Floor of the House and in was astonishing that the Monitor chairman laid down other contexts: the problems do go back, but the real criteria for finance and governance, and that was followed issue is that there is insufficient power for an override. up by a number of questions that showed that that was Although Monitor and a degree of regulation can be in the primary concern. The consequence was the Healthcare place, swift and last resort action can best be undertaken Commission report, and now what the Care Quality by the Secretary of State. Commission is saying as well. I am passionate about this subject and deeply concerned I want the current inquiry under Mr. Robert Francis about the effect it has had on my constituency. I shall to be as successful as possible, but both the Secretary of bring my remarks to a close simply by saying that a lot State and the Minister know that I have grave reservations of the problems that arise—we will see how the Francis about whether it can achieve its objectives. I still profoundly report goes—relate to gagging clauses. This week, I believe—I am glad that my hon. Friend the shadow have been in communication with a number of people, Secretary of State is present because we both know this, and I must say that gagging clauses on those who want as does my hon. Friend the Member for Eddisbury—that to blow the whistle should be banned. The trouble with it is essential that we have a full public inquiry if the the Act that enables whistleblowing to take place—the consequences of this latest inquiry under Mr. Robert Public Interest Disclosure Act 1998—is that it is not Francis do not work out. This all started with a failure working. Gagging clauses should be banned by law; of Monitor, and we must have a full public inquiry if they should be made unlawful. It would be extremely the results of this inquiry are not successful. helpful if the Minister could refer to that matter, because I must tell hon. Members that only last week I many of the problems that have accumulated result received yet another letter from a constituent—I have from people not coming forward. However, in the last passed it on—about a grandfather who died in the most resort the Secretary of State has to carry the can. appalling circumstances, and that demonstrates that things are not going as well as they should in this Mr. Ian McCartney (Makerfield) (Lab): On the last hospital. The Secretary of State may not recall the letter point that the hon. Gentleman made, I should mention immediately, but it is with him. I am profoundly concerned that I was the Minister responsible for the passing of about merely leaving these issues to Monitor. As my the disclosure Bill; the hon. Member for South Staffordshire hon. Friend the Member for South Staffordshire said, (Sir Patrick Cormack) was also involved, having many this is very convoluted stuff; I have no doubt that many years ago promoted it. We secured an amendment—a lawyers have sat down to plough through the relative change has now been made. It instructs chairmen of 63 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 64

[Mr. Ian McCartney] The hon. Members for Stone (Mr. Cash) and for South Staffordshire both want the Secretary of State to tribunals, even where there is a gagging clause or someone be able to intervene much faster. There seems to be a withdraws the complaint, that the matter has to be difference in opinion from those on their Front Bench. I submitted to the regulator. I suggest that the hon. can detect no wish from their Front Benchers for the Member for Stone (Mr. Cash) contacts the relevant Secretary of State to take the powers to intervene. The Minister of State at the Department for Business, Front-Bench view seems to be that this should be dealt Innovation and Skills to ensure that that is being applied. with by Monitor. That seems to me to be a difficult The reason for the provision was to try to prevent position for them to take, because the amendments give people from using gagging clauses or other mechanisms Monitor the power to de-authorise. to prevent this type of information from coming out via I was struck during the speech made by the hon. the tribunal system. Member for Eddisbury (Mr. O’Brien) by the fact that he 5.45 pm seemed to think that the insolvency regime—an entirely Mr. Cash: I am extremely grateful for that intervention different regime that has nothing to do with problems and I hear what the right hon. Gentleman says with such as those that we faced with Mid Staffordshire— great interest. I had heard of that, but great ingenuity is somehow already provides powers. It does not. It does being used by certain trusts—not just Mid Staffordshire not provide powers to intervene. As Ministers, we were but other trusts of which I am aware—that are using not able to intervene. Monitor was. It has extensive their lawyers and their medical establishment effectively powers but the problem was that in this case there was to bypass and shut out consultants—in some cases, as an issue with the way that it was dealt with. Public many as 20-odd. I am concerned about that. It is no confidence was not restored by bringing in a full-time good having good intentions in an Act if the provisions chief executive quickly— can be bypassed in the way that they are being bypassed at the moment. I would have thought that it was Monitor’s Mr. Stephen O’Brien: Why did not somebody ask job, and that of the Secretary of State, to deal with that. Monitor to deal with it? Will the Minister please take note and get rid of these gagging orders, ensuring that there is no way that the Mr. Mike O’Brien: I hear rumbles from a sedentary gagging clauses can be used to bypass whistleblowers? position as the hon. Gentleman asks why no one asked Mr. Mike O’Brien: May I begin by responding to the Monitor to do it. There were considerable discussions three hon. Gentlemen who represent Staffordshire seats—in between us and Monitor, which led to the appointment particular, I acknowledge the Under-Secretary of State of the new full-time chief executive. Those discussions for Energy and Climate Change, my hon. Friend the went very well. Monitor listened to the points of view Member for Stafford (Mr. Kidney), who has been present that were expressed through Government and Opposition during this debate? The contributions that we have had Back Benchers who represent the area, and who said, from Staffordshire Members have been excellent and “Look, we need more action.” At that stage, Monitor have reflected the enormous local concern about Mid thought that it was all right, but it accepted after Staffordshire. I appreciate and am grateful for the kind discussion that it needed to act more effectively, and I comments of several Opposition Members about the am pleased that it could do so. way in which the Secretary of State and I have dealt May I deal with the points made by the hon. Member with these matters. for Romsey (Sandra Gidley)? Lessons need to be learned, We need to ensure that the deplorable and inexcusable and she rightly suggested that in future Monitor needs situation, as it was described by the hon. Member for to assess properly problems if there is a foundation South Staffordshire (Sir Patrick Cormack), does not trust application. She wondered, too, whether 14 days arise again. We need to ensure that the Care Quality was the right period. If we have discussions with Monitor, Commission, which is an organisation that has recently we can extend that period if a longer investigation been set up, has the power to look at trusts. We also needs to be conducted, so I hope that I can reassure her need to ensure that Monitor is much more aware than it on that matter. She rightly expressed concern about the has been in the past of the problems that might arise timing of some of this, but the long vacation intervened with regard to various foundation trusts and that we and various other processes meant that we had to act on have a process that will enable Monitor to de-authorise. this, and we were able to undertake a full, proper The hon. Member for South Staffordshire asked whether consultation. the process was fast enough. The time scale is 14 days. A May I respond to the points made by the hon. Member number of parties are involved and we think that it is for Eddisbury (Mr. O’Brien)? First, George Alberti and right that they should be able to express a view and that Dr. David Colin-Thomé conducted investigations and an investigation should be conducted. The process looks there are reports on this. Robert Francis is producing a more cumbersome in legislation than it would be in report, which we hope will enable us to look at the more practice. Our aim is that this should be a fairly brisk local issues. We need a rigorous process, and with the process and that everyone should know publicly what various reports that have been produced, we have covered the time scale is. The Secretary of State should publicly it. The hon. Member Eddisbury appears to have no real make a request and there should publicly be a response wish for the Minister to be able to intervene, even in the within 14 days. There is potential to extend that time most dramatic circumstances, which is not a tenable frame if necessary and if investigations need to be position for those on the Opposition Front-Bench to conducted for a longer period. I hope that I can reassure take. It is very much at odds with that taken by the the hon. Gentleman that we recognise the need for Staffordshire MPs, who want to see a circumstance, at expedition and would seek to ensure that we can deal least in extremis, in which Ministers can intervene and with matters as quickly as is reasonably possible. take action. 65 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 66

I am concerned about the position that the Conservative Donohoe, Mr. Brian Jackson, Glenda Front-Bench team have managed to take, which is at H. James, Mrs. Siân odds with the way in which most people would want Doran, Mr. Frank C. cases such as the situation in Mid Staffordshire to be Drew, Mr. David Jenkins, Mr. Brian dealt with. It undermines, too, in an extreme situation Eagle, Angela Johnson, rh Alan the whole principle of parliamentary accountability. Eagle, Maria Johnson, Ms Diana R. Efford, Clive Jones, Helen Ministers must be able to come to the Dispatch Box and Ellman, Mrs. Louise Jones, Mr. Kevan say that they would take the required action if they Engel, Natascha Jones, Lynne needed to do so. Monitor can make a decision in such Ennis, Jeff Jowell, rh Tessa cases to de-authorise where necessary. To refuse Monitor Etherington, Bill Joyce, Mr. Eric that power would mean that Members of Parliament Farrelly, Paul Kaufman, rh Sir Gerald would not have the level of accountability that they Featherstone, Lynne Keeble, Ms Sally needed, but that seems to be the position that the Field, rh Mr. Frank Keeley, Barbara Conservatives—at least, their Front-Bench team—have Flello, Mr. Robert Keen, Alan taken. I am glad to see the Staffordshire Members in the Flint, rh Caroline Keen, Ann Chamber, because Members from all parties share the Flynn, Paul Kelly, rh Ruth view that we need a much more effective legal system in Follett, Barbara Kemp, Mr. Fraser place to deal with such situations in future. Foster, Mr. Don Kennedy, rh Mr. Charles Foster, Mr. Michael Kennedy, rh Jane Question put, That the clause be read a Second time. (Worcester) Khan, rh Mr. Sadiq The House divided: Ayes 342, Noes 160. Foster, Michael Jabez Kidney, Mr. David (Hastings and Rye) Kilfoyle, Mr. Peter Division No. 209] [5.53 pm Francis, Dr. Hywel Knight, rh Jim Gardiner, Barry Kramer, Susan AYES Gerrard, Mr. Neil Kumar, Dr. Ashok Abbott, Ms Diane Burstow, Mr. Paul Gidley, Sandra Ladyman, Dr. Stephen Ainger, , Ms Dawn Gilroy, Linda Lamb, Norman Ainsworth, rh Mr. Bob Byrne, rh Mr. Liam Godsiff, Mr. Roger Lammy, rh Mr. David Alexander, Danny Cable, Dr. Vincent Goldsworthy, Julia Laws, Mr. David Alexander, rh Mr. Douglas Caborn, rh Mr. Richard Goodman, Helen Laxton, Mr. Bob Allen, Mr. Graham Cairns, David Griffith, Nia Leech, Mr. John Anderson, Mr. David Campbell, Mr. Alan Griffiths, Nigel Levitt, Tom Armstrong, rh Hilary Campbell, rh Sir Grogan, Mr. John Lewis, Mr. Ivan Atkins, Charlotte Menzies Gwynne, Andrew Linton, Martin Austin, Mr. Ian Campbell, Mr. Ronnie Hain, rh Mr. Peter Lloyd, Tony Austin, John Carmichael, Mr. Alistair Hall, Mr. Mike Llwyd, Mr. Elfyn Bailey, Mr. Adrian Caton, Mr. Martin Hamilton, Mr. David Love, Mr. Andrew Baird, Vera Cawsey, Mr. Ian Hancock, Mr. Mike Mackinlay, Andrew Baker, Norman Challen, Colin Hanson, rh Mr. David Mactaggart, Fiona Balls, rh Ed Chaytor, Mr. David Harman, rh Ms Harriet Mahmood, Mr. Khalid Banks, Gordon Clapham, Mr. Michael Harris, Mr. Tom Malik, Mr. Shahid Barrett, John Clark, Ms Katy Harvey, Nick Mallaber, Judy Barron, rh Mr. Kevin Clark, Paul Havard, Mr. Dai Mann, John Battle, rh John Clarke, rh Mr. Charles Healey, rh John Marris, Rob Bayley, Hugh Clarke,rhMr.Tom Heath, Mr. David Marsden, Mr. Gordon Beckett, rh Margaret Clwyd, rh Ann Hemming, John Marshall-Andrews, Mr. Begg, Miss Anne Coaker, Mr. Vernon Henderson, Mr. Doug Robert Bell, Sir Stuart Coffey, Ann Hendrick, Mr. Mark Martlew, Mr. Eric Benn, rh Hilary Cohen, Harry Hepburn, Mr. Stephen McAvoy, rh Mr. Thomas Benton, Mr. Joe Connarty, Michael Hesford, Stephen McCabe, Steve Berry, Roger Cooper, Rosie Hewitt, rh Ms Patricia McCafferty, Chris Betts, Mr. Clive Cooper, rh Yvette Heyes, David McCarthy, Kerry Blackman, Liz Cousins, Jim Hill, rh Keith McCarthy-Fry, Sarah Blackman-Woods, Dr. Crausby, Mr. David Hodge, rh Margaret McCartney, rh Mr. Ian Roberta Creagh, Mary Hodgson, Mrs. Sharon McDonagh, Siobhain Blizzard, Mr. Bob Cryer, Mrs. Ann Holmes, Paul McFadden, rh Mr. Pat Blunkett, rh Mr. David Cummings, John Hood, Mr. Jim McFall, rh John Borrow, Mr. David S. Cunningham, Mr. Hoon, rh Mr. Geoffrey McGuire, rh Mrs. Anne Brake, Tom Jim Hope, Phil McIsaac, Shona Brennan, Kevin Cunningham, Tony Hopkins, Kelvin McKechin, Ann Brooke, Annette Davey, Mr. Edward Howarth, David McKenna, Rosemary Brown, Lyn David, Mr. Wayne Howarth, rh Mr. George McNulty, rh Mr. Tony Brown, rh Mr. Nicholas Davidson, Mr. Ian Howells, rh Dr. Kim Merron, Gillian Brown, Mr. Russell Davies, Mr. Dai Hoyle, Mr. Lindsay Michael, rh Alun Browne, rh Des Davies, Mr. Quentin Huhne, Chris Miliband, rh David Browne, Mr. Jeremy Dean, Mrs. Janet Humble, Mrs. Joan Miller, Andrew Bryant, Chris Denham, rh Mr. John Hunter, Mark , Anne Buck, Ms Karen Dhanda, Mr. Parmjit Hutton, rh Mr. John Moffatt, Laura Burden, Richard Dismore, Mr. Andrew Iddon, Dr. Brian Mole, Chris Burgon, Colin Dobbin, Jim Illsley, Mr. Eric Moon, Mrs. Madeleine Burnham, rh Andy Dobson, rh Frank Irranca-Davies, Huw Morden, Jessica 67 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 68

Morgan, Julie Snelgrove, Anne Brokenshire, James Lidington, Mr. David Morley, rh Mr. Elliot Soulsby, Sir Peter Browning, Angela Lilley, rh Mr. Peter Mudie, Mr. George Southworth, Helen Burns, Mr. Simon Loughton, Tim Mullin, Mr. Chris Spellar, rh Mr. John Burrowes, Mr. David Luff, Peter Munn, Meg Spink, Bob Burt, Alistair Maclean, rh David Murphy, Mr. Denis Starkey, Dr. Phyllis Butterfill, Sir John Main, Anne Murphy, rh Mr. Paul Stewart, Ian Carswell, Mr. Douglas Malins, Mr. Humfrey Naysmith, Dr. Doug Stoate, Dr. Howard Chope, Mr. Christopher Maples, Mr. John Norris, Dan Straw, rh Mr. Jack Clappison, Mr. James Maude, rh Mr. Francis O’Brien, rh Mr. Mike Stringer, Graham Clark, Greg May, rh Mrs. Theresa Oaten, Mr. Mark Stunell, Andrew Clarke, rh Mr. Kenneth McCrea, Dr. William Olner, Mr. Bill Sutcliffe, Mr. Gerry Clifton-Brown, Mr. McIntosh, Miss Anne Öpik, Lembit Swinson, Jo Geoffrey McLoughlin, rh Mr. Owen, Albert Tami, Mark Conway, Derek Patrick Palmer, Dr. Nick Taylor, Ms Dari Cox, Mr. Geoffrey Mercer, Patrick Pearson, Ian Taylor, David Crabb, Mr. Stephen Miller, Mrs. Maria Pelling, Mr. Andrew Taylor, Dr. Richard Curry, rh Mr. David Milton, Anne Plaskitt, Mr. James Teather, Sarah Davies, David T.C. Murrison, Dr. Andrew Prentice, Mr. Gordon Thomas, Mr. Gareth (Monmouth) Newmark, Mr. Brooks Prescott, rh Mr. John Thornberry, Emily Davies, Philip O’Brien, Mr. Stephen Price, Adam Thurso, John Davis, rh David Osborne, Mr. George Primarolo, rh Dawn Timms, rh Mr. Stephen Djanogly, Mr. Jonathan Ottaway, Richard Prosser, Gwyn Tipping, Paddy Dorries, Nadine Paice, Mr. James Pugh, Dr. John Todd, Mr. Mark Duncan, Alan Paterson, Mr. Owen Purnell, rh James Touhig, rh Mr. Don Ellwood, Mr. Tobias Penning, Mike Rammell, Bill Trickett, Jon Evennett, Mr. David Penrose, John Raynsford, rh Mr. Nick Truswell, Mr. Paul Fabricant, Michael Prisk, Mr. Mark Reed, Mr. Andy Turner, Dr. Desmond Fallon, Mr. Michael Pritchard, Mark Reed, Mr. Jamie Turner, Mr. Neil Field, Mr. Mark Randall, Mr. John Reid, Mr. Alan Twigg, Derek Fox, Dr. Liam Redwood, rh Mr. John Rennie, Willie Ussher, Kitty Francois, Mr. Mark Rifkind, rh Sir Malcolm Riordan, Mrs. Linda Vaz, rh Keith Fraser, Christopher Robathan, Mr. Andrew Robertson, John Vis, Dr. Rudi Gauke, Mr. David Robertson, Hugh Robinson, Mr. Geoffrey Walley, Joan Gibb, Mr. Nick Robertson, Mr. Laurence Rooney, Mr. Terry Waltho, Lynda Gillan, Mrs. Cheryl Rosindell, Andrew Rowen, Paul Ward, Claire Goodman, Mr. Paul Ruffley, Mr. David Roy, Lindsay Watson, Mr. Tom Goodwill, Mr. Robert Scott, Mr. Lee Ruane, Chris Webb, Steve Gove, Michael Selous, Andrew Russell, Bob Whitehead, Dr. Alan Gray, Mr. James Shapps, Grant Russell, Christine Wicks, rh Malcolm Grayling, Chris Simmonds, Mark Ryan, rh Joan Williams, rh Mr. Alan Green, Damian Simpson, Mr. Keith Sanders, Mr. Adrian Williams, Mrs. Betty Greening, Justine Smith, Chloe Sarwar, Mr. Mohammad Williams, Mr. Roger Greenway, Mr. John Spelman, Mrs. Caroline Seabeck, Alison Williams, Stephen Grieve, Mr. Dominic Spicer, Sir Michael Sharma, Mr. Virendra Willis, Mr. Phil Gummer, rh Mr. John Spring, Mr. Richard Shaw, Jonathan Wills, rh Mr. Michael Hammond, Mr. Philip Steen, Mr. Anthony Sheerman, Mr. Barry Wilson, Phil Hammond, Stephen Streeter, Mr. Gary Simon, Mr. Siôn Winnick, Mr. David Hands, Mr. Greg Stuart, Mr. Graham Simpson, Alan Winterton, rh Ms Rosie Harper, Mr. Mark Swayne, Mr. Desmond Singh, Mr. Marsha Woolas, Mr. Phil Hayes, Mr. John Swire, Mr. Hugo Skinner, Mr. Dennis Wright, Mr. Anthony Heald, Mr. Oliver Syms, Mr. Robert Slaughter, Mr. Andy Wright, David Heathcoat-Amory, rh Taylor, Mr. Ian Smith, rh Mr. Andrew Wright, Mr. Iain Mr. David Timpson, Mr. Edward Hendry, Charles Tredinnick, David Smith, Ms Angela C. Wright, Dr. Tony (Sheffield, Hillsborough) Hoban, Mr. Mark Turner, Mr. Andrew Wyatt, Derek Smith, rh Angela E. Hogg, rh Mr. Douglas Tyrie, Mr. Andrew Younger-Ross, Richard (Basildon) Holloway, Mr. Adam Vara, Mr. Shailesh Smith, Geraldine Tellers for the Ayes: Howard, rh Mr. Michael Viggers, Sir Peter Smith, rh Jacqui Mr. John Heppell and Howell, John Villiers, Mrs. Theresa Smith, Sir Robert Mr. Dave Watts Hunt, Mr. Jeremy Walker, Mr. Charles Hurd, Mr. Nick Wallace, Mr. Ben NOES Jack, rh Mr. Michael Waterson, Mr. Nigel Jackson, Mr. Stewart Watkinson, Angela Afriyie, Adam Bellingham, Mr. Henry Jenkin, Mr. Bernard Whittingdale, Mr. John Ainsworth, Mr. Peter Benyon, Mr. Richard Jones, Mr. David Widdecombe, rh Miss Amess, Mr. David Beresford, Sir Paul Knight, rh Mr. Greg Ann Ancram, rh Mr. Michael Binley, Mr. Brian Laing, Mrs. Eleanor Wiggin, Bill Arbuthnot, rh Mr. James Blunt, Mr. Crispin Lait, Mrs. Jacqui Willetts, Mr. David Atkinson, Mr. Peter Bone, Mr. Peter Lansley, Mr. Andrew Wilshire, Mr. David Bacon, Mr. Richard Bottomley, Peter Letwin, rh Mr. Oliver Wilson, Mr. Rob Baldry, Tony Brady, Mr. Graham Lewis, Dr. Julian Winterton, Ann Barker, Gregory Brazier, Mr. Julian Liddell-Grainger, Mr. Ian Winterton, Sir Nicholas 69 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 70

Wright, Jeremy Tellers for the Noes: about the issue. We understand some of the frustrations Yeo, Mr. Tim Mr. John Baron and that have been expressed. However, securing a consensus Young, rh Sir George Mr. Philip Dunne on an alternative approach is not easy. People have differing views about the private patient cap. Some say Question accordingly agreed to. that there should not be one, some say it should be at New clause 12 read a Second time, and added to the Bill. zero, and there are a variety of views in between. We take the view that the way the system operates now is not the way we want to see it operate. It is not fair. We New Clause 13 concede that argument immediately. There is a strong case for reform, but let me be clear: PRIVATE PATIENT INCOME OF MENTAL HEALTH the Government are committed to maintaining and FOUNDATION TRUSTS strengthening the protection of NHS services for NHS ‘(1) Section 44 of the National Health Service Act 2006 (c. 41) patients first, while allowing NHS foundation trusts a (private health care) is amended as follows. degree of flexibility to operate effectively in the best (2) In subsection (2)— interests of patients and communities, and in the context (a) after “not greater than” insert “— (a)”; of evolving health policies. The Government are committed (b) at the end insert “, or also to a full review of the patient cap—based upon (b) in the case of a mental health foundation trust those principles. We want to ensure that any private designated under subsection (2A), that proportion or money that goes into the health service is directed in the 1.5% if greater.” best interests of the patients and the NHS as a whole. (3) After subsection (2) insert— Evidently, reforming the rules so that they are fair, “(2A) An authorisation of an NHS foundation trust which was logical and work well is far from straightforward, and an NHS trust must designate it as a mental health foundation trust for the purposes of this section if it appears to the regulator opinion about how the cap should be reformed is, as I that it provides goods or services only or mainly for the prevention, have said, very divided. Any new approach should diagnosis or treatment of any disorder or disability of the mind or therefore be developed in partnership with the NHS for the benefit in any other way of people suffering from a and other key stakeholders to ensure that it is pragmatic, disorder or disability of the mind.”’.—(Mr. Mike O’Brien.) workable and achieves our fundamental purpose without Brought up, and read the First time. any unintended consequences. The Government are already committed to a full Mr. Mike O’Brien: I beg to move, That the clause be review of the cap, following the conclusion of the read a Second time. judicial review of the current legislation. However, I can confirm today that we will bring forward that review Mr. Deputy Speaker (Sir Michael Lord): With this it process to start as soon as possible, within a month. It will be convenient to discuss new clause 10—Private will begin with a call to the NHS and other key stakeholders health care— for evidence to inform the review, and it will seek ‘(1) The National Health Service Act 2006 (c. 41) is amended feedback by January. To review the policy effectively, we as follows. will approach our stakeholders throughout the NHS—the (2) In section 44 (private health care), after subsection (4) people who operate by the current rules and who would insert— put any future new arrangement into practice. Our aim, “(4A) The Secretary of State may by regulations make provision therefore, is to undertake a very fast review, to give for exceptions to be permitted to the restriction mentioned in people the opportunity to put in their various submissions subsection (2) subject to the principle that any such exception and to look to come to a conclusion early in the new must in all the circumstances be in the interests of the National year. We expect that the policy review will begin in the Health Service. new year and report to Ministers in the spring. By (4B) The regulations may specify such other principles and having a meaningful and considered review, the Government conditions as the Secretary of State may consider appropriate.”’. will be able to undertake a consultation on options for the best and most appropriate solution that we can act Mr. Mike O’Brien: I now get to move new clause 13— upon at the earliest available opportunity. Mike Penning (Hemel Hempstead) (Con): The Minister Some Members of this House and of the other place has said that before. will be keen to see action sooner, and I understand that view. We are committed to reforming the rules, but Mr. Mike O’Brien: Somewhere or other, hon. Members equally, we cannot risk a repeat of the situation with the may well have heard me do so, as the hon. Gentleman existing legislation, whereby we introduce new legislation says from a sedentary position. without, first, a proper and full engagement with the NHS as a whole. The aim of the new clause is to enable a designated mental health NHS foundation trust to earn up to After various discussions on a previous occasion, a 1.5 per cent. of its total income from income that it compromise was reached. At the time it looked like a derives from private charges. The clause also contains a relatively fair compromise, and perhaps it was, at the definition of mental health foundation trust for this time, but it subsequently developed a number of anomalies purpose. that spread, and now the compromise is not working in In the course of the Bill’s passage through the House, a way that anyone would regard as entirely satisfactory. we have had several debates on the private patient cap. Our debates here and in the other place have highlighted That debate was, I understand, reflected in the other a specific and immediate concern, however, for mental place, too. The Government recognise the various concerns health NHS foundation trusts—all of which for historical that have been set out, both here and in the other place, reasons have a 0 per cent. cap. They have no ability to 71 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 72

[Mr. Mike O’Brien] New clause 10, which was tabled by the hon. Members for Eddisbury (Mr. O’Brien) and for Hemel Hempstead access any private income at all, and they have no (Mike Penning), would introduce a clause that was flexibility to earn private income and thereby support added in the other place but removed in Committee. We their NHS service users. removed the clause because we believed that it offered the wrong solution, even though it was seen as an 6.15 pm interim measure. Allowing exceptions only introduces We have received representations about how 0 per further uncertainty for the NHS and will simply lead to cent. caps constrain the ability of trusts to develop a more claims of unfairness. As I recently said, if such broader range of innovative services and to support key exemptions were allowed there would be many debates. facets of Government policy on health and well-being—for We must try to avoid setting up a system in which we example, by providing specialist help for back-to-work create even more unfairness. schemes or employees at risk of mental ill health. Some mental health foundation trusts might want to work Our view is that the Conservative proposals would with private services that aid employees in private sector lead to greater unfairness. An exemption-based proposal organisations, or help people who want to get back to would not remove the cap’s underlying rule for the vast work. Such a trust is currently able to provide assistance majority of NHS foundation trusts—that their private and medical advice, but not to accept any remuneration income should be restricted to levels set in 2002-03. A for doing so. That work could, however, be in the level playing field would not be fundamentally achieved interests of its recipients and in the long-term interests at all; it seems to me that we would just produce greater of the NHS, because it could help with some of the unfairness and concern. mental health problems in society as a whole. If we Any regulations created using the powers in new allow some private income to be earned, we may be able clause 10 are likely to provide only for a simple exemption to find ways for mental health trusts to do much more from the cap. If the new clause were accepted, some with the private sector. The current situation denies trusts would, apparently, get an exemption from the trusts the opportunity to enhance care to their NHS cap. How far would they raise their private patient service users, and that concerns us. income? That, it would appear, would be entirely for The measure is therefore an attempt not to move the them. I am not sure that Conservative Front Benchers private sector artificially into the NHS, but to ensure are proposing such a measure, but perhaps they are—it that the NHS is able to earn private income to provide is not clear from their new clause what they are proposing. services to parts of the private and voluntary sectors, to I look forward to the contribution from the hon. Member work with other Departments and to ensure that we for Eddisbury setting out what they are in fact proposing. work with those private sector organisations with which If the cap were entirely removed from some trusts, other Departments work. The situation was not anticipated they would have no obligation to deploy their money when the Health and Social Care (Community Health for the benefit of the NHS or NHS patients, and the and Standards) Act 2003 was put in place, but, pending deployment of NHS resources to bring in private sector the review of the cap for all NHS foundation trusts, the money could not be monitored or overseen—the Opposition new clause will establish an interim solution. If we new clause would, apparently, not allow that to happen enable a cap of 1.5 per cent. for those trusts, high-performing at all. However, the Government’s proposals for a policy providers of NHS mental health provision will have review would, I hope, pave the way for a long-lasting room to innovate and to support the development of legislative change in the future. The Government’s new further high-quality services for the NHS. clause offers a pragmatic solution to the immediate I stress that today’s proposal is an interim measure. concerns highlighted by hon. Members and those in the Our review of the cap will seek to address the wide other place regarding NHS mental health foundation variation in cap levels that exists between NHS foundation trusts, in respect of which we accept that there is an trusts, and to establish a uniform test or set of principles issue that needs to be dealt with now. that can apply equally to all NHS foundation trusts. Let It is very unlikely that most mental health trusts me be clear: today’s new clause applies only to mental could breach the cap, even if they tried, within the next health foundation trusts and those that become such year or 18 months; raising such income would require a trusts in the interim. As part of a wider review, we will very significant effort. New clause 13 gives those trusts look more broadly at the way in which the whole the freedom they need. They can engage with the private foundation trust area would operate, the range of private sector when that is in patients’ interests, and they can caps and how they ought to be reformed to bring about ensure that they deploy effectively the resources they a much fairer situation. earn from that. Combined with the Government’s We agree that private patient activity should be used commitment to bringing about a review of the cap as to improve the service for NHS patients; that private soon as possible, the new clause provides a clear way income should subsidise NHS care and, therefore, be forward on addressing the practical difficulties of the used to improve and widen services; and that NHS cap while maintaining its core principles. foundation trusts must above all preserve and promote the values of the NHS. Our review will consider those Mr. Stephen O’Brien: New clause 13 is a welcome points. In other words, private patient income should be concession resulting from pressure put on the Government, deployed for the benefit of the NHS and NHS patients. not least by the official Opposition in both Houses. Our aim is not that the measure be a way for NHS However, it does not go far enough. It amends the hospitals just to earn some private income; there will National Health Service Act 2006 to allow mental health have to be a purpose, and that will have to be taken into trusts to get 1.5 per cent. of their income from private consideration. Our review will in part consider how that care. It leaves all other foundation trusts with the proportion has developed. from the base year. As the Minister said, new clause 10 73 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 74 is our reintroduction of the original amendment from Frank Dobson: I am one of the reactionary elements the other place; it would allow the Secretary of State, by in the Labour party who opposed the measure—and I regulation, to allow foundation trusts an exception to am proud of it. Does the hon. Gentleman not agree that the restriction on private income outlined in the 2006 Act. the only justification for private income in these With the lead from the very top, in the form of my circumstances is if it is net private income, and if right hon. Friend the Member for Witney (Mr. Cameron), treating such patients costs the national health service we on the Conservative Benches are committed to our less than the income that it receives? Is it not true that NHS as a high-quality service, free at the point of need for many years under a previous Tory Government, and open to all. The public have seen and can see our treating private patients was a net loss to the national commitment. I am grateful for new clause 13 because it health service? shows that the Government recognise that private income for NHS foundation trusts does not undermine the Mr. Stephen O’Brien: I suspect that the right hon. principles of our NHS. The Minister made that point Gentleman is drawing on questionable figures—and, himself. possibly, prejudice. I do not have anything immediately The history of the cap was best summed up by the to hand that would enable me to counter him. His first former Labour Minister, Lord Warner, who said in point is, effectively, correct: it would only make sense another place that it was “anachronistic” and for the governing body of a foundation trust to make sure that the organisation made a net gain. That would “sops to parts of the Labour party”. be the incentive in any event. It was introduced as a concession to get foundation trusts past the Government’s reactionary Back Benchers; Private income can also be used to make new services Lord Warner said explicitly that he repented his sins viable. A foundation trust might want to open what over that issue. would need to be a 20-bed maternity unit, but public demand might, for example, fill only 15 beds while Limiting foundation trusts arbitrarily to the proportion private demand might fill five. With the cap in place, of private-to-public income that they received in the that foundation trust could not set up the unit. The base year is inequitable. The base year was 2002-03, the trust might want to build a new hospital, offer laser year before the first foundation trusts were authorised. dermatology or provide another technology such as For some foundation trusts, the limitation means 30 per new cancer care services, but with the cap in place, it cent., and for others, 5 per cent.; until now, it has meant could not. The trust might also want to buy out private 0 per cent. for mental health trusts. Worst of all, the providers—that should get a cheer from Labour Members. limitation prevents many specialist hospitals, such as However, with the cap in place, it could not. Great Ormond Street, from becoming foundation trusts. The real question, which should be in the minds of As Labour Members know, private income for NHS Labour Members and of the whole House, is what foundation trusts is not about rewarding shareholders, proportion of a foundation hospital’s income may be partners or staff, but about generating income that can from private work before NHS patient care begins to benefit the patients—the vast majority of them NHS suffer. That is the question posed by the self-declared patients—of the hospitals. Labour Members might not reactionary, the right hon. Member for Holborn and take my word for it, but this is what their own former St. Pancras (Frank Dobson). When the issue is put in Minister, Lord Warner, said about private income: those terms, it is clear that no one here can answer the “it is potentially a source of income for trusts that they can use for question precisely; in many ways, the question is a false the benefit of NHS patients”—[Official Report, House of Lords, correlative. There is no absolute point at which NHS 6 May 2009; Vol. 710, c. 656.] patient care suffers. The suitable balance of public and On Third Reading, he went on: private work clearly varies from hospital to hospital, “We are moving into a financial climate where the NHS...will which is why taking the base year is arbitrary and need every penny that it can get to meet public expectations”—[Official unjustified. Furthermore, there is a raft of other ways in Report, House of Lords, 12 May 2009; Vol. 710, c. 936.] which foundation trusts are kept accountable so that The limitation also impacts adversely on UK plc, hampering they are not short-changing NHS patients for private our provision of health care to non-UK residents, and work: through Monitor, terms of authorisation, the on our research base, which is dependent on funding. mandatory services schedule, contract variations with PCTs, boards of governors on significant decisions, Mr. Mike O’Brien: The hon. Gentleman appears to asset-disposal locks and consultation. endorse Lord Warner’s position that the money derived from private patient income should be deployed in the interests of the NHS and NHS patients. Does he in fact 6.30 pm endorse it? The problem with new clause 13 is that it retains the arbitrary nature at the heart of the problem, and limits Mr. Stephen O’Brien: That is the whole point of the raising of the cap to mental health trusts only. Why involving private income. As the Minister would be the has the Minister chosen 1.5 per cent. when some hospitals first to admit, to some degree the issue is a matter for get as much as 30 per cent. and many as much as 5 per the foundation trusts. As he knows, under the current cent.? For mental health trusts, the figure was nil, so arrangements for private patient income, those who are 1.5 per cent. is of course an improvement. However, if, not necessarily NHS patients are being treated in NHS as I would argue, one were to apply the principle across facilities. The answer is not as black and white as the the board to include children’s hospitals such as Great Minister might wish it to be, but I have given the right Ormond Street, it would be vital to recognise that answer even according to his Government’s policies. I 1.5 per cent. is no less arbitrary than the other number have simply recycled for the right hon. and learned that has been picked, and the hospital should receive Gentleman what is going on under his policies. recognition for what it is achieving. Can the Minister 75 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 76 clarify where in legislation a mental health foundation measure only for mental health trusts, or was there a trust is defined, because that has been difficult to find reason why it could not be done for the other foundation for registration purposes? trusts? I share the sentiments expressed by the hon. By failing to address the vagaries of the cap across Member for Eddisbury, in that I would not want mental the rest of the foundation trust sector, the Minister has health trusts to lose out, but it is a shame that an committed to preserving the unfairness. As a result, the opportunity has been missed. amendment is confused. Why is he not lifting the cap on Mr. Mike O’Brien: Let me first deal with a couple of Great Ormond Street? Is he saying that the care of the points raised by the hon. Member for Eddisbury people with mental illness is more important than the (Mr. O’Brien). I thank him for his indication that care of children? I hope not, and I do not believe so. By Conservative Front Benchers will abstain on this measure. preserving the unfairness, the amendment fails to deal We accept that this is an interim solution. We acknowledge with the problem even-handedly and lets down some of that there are problems and unfairnesses in the way that the most needy patients in our NHS. We are therefore the cap currently works, with some trusts able to have minded not to support it, but we cannot put at risk the large amounts of private income and others seriously small benefit to mental health trusts. Therefore, with all restricted. that on the record, we will abstain. However, it was clear that in the area of mental It is interesting to note, as a matter of process more health there was a major problem that was interfering than anything else, that the Minister said that the pursuance with the development of public policy, encouraging of a judicial review of Monitor’s permissive interpretation trusts to engage with other providers to ensure that of the legislation—ignoring, for instance, income from mental health issues were better addressed. I do not joint ventures and arm’s length companies—was a reason dispute that areas within acute trusts and other parts of not to do anything about the issue in Committee. We the NHS have problems, but given the strong level of are now dealing with the remaining stages of the Bill on concern on both sides of the argument, and the fact its final day in this place, and that judicial review has that there was clearly a level of unfairness in the current not yet been concluded. Why is the Minister bringing system, we needed a proper engagement with this. It this measure forward now, whereas previously the review would have been easy to come up with an across-the-board was an excuse for not doing so? I hope that he will give solution, but the end effect would probably have been us a justification for that. the creation of as many anomalies as we had solved. We Before I sit down, it is my pleasure and privilege to took the view that there was clearly an issue with mental welcome the new hon. Member for Norwich, North health trusts and that we could justify 1.5 per cent. on (Chloe Smith) to her first debate. the basis that it was unlikely, given the sheer scale of the engagement, that most mental health trusts would be Sandra Gidley: Most of my comments have already able to develop, within a year or 18 months, the level of been outlined by the hon. Member for Eddisbury private sector income that would hit that cap. (Mr. O’Brien), so I will be brief. As he said, in the other We are looking to have a review within a relatively place the Opposition inserted a clause to enable the short time; I have just announced that I have brought it Secretary of State to make exceptions to the private forward. We want to resolve the policy clearly with as patient income cap for foundation trusts. The Conservative much of a consensus as is likely to be possible. I say that amendment seeks to reintroduce that measure, and had knowing that there are people with very strong, well-argued, it been put to a vote we would have supported it. It is a coherent views, and those who have views of a similar shame that the Government removed the clause in kind on the other side of the argument. We need to Committee, but the reasons for that have been outlined, ensure that there is an ability to work through the and at least we got a commitment to a review, which I iterative process so that the debate comes to as much of welcome. The Minister outlined the process, but it would an understanding and resolution as possible. be helpful if he could be a little clearer about the time We also need to add to the equation the question of scales involved, because this could be one of those the purpose of such private income. Is it for the benefit things that is kicked into the long grass and forgotten of the NHS and wider health care, or does it just bring about once the impetus of the Bill is no longer with us. in some extra money which some boards may well feel it I welcome new clause 13 in some ways, because it would be nice to have? We must have a clear view about helps mental health trusts, which are completely hamstrung that. As part of the review, I am seeking to flag up the at the moment. Many of them, including my local trust, fact that private patient income must be used for a have innovative ideas about things they want to do and purpose. I do not want it to be a long review—it should services they want to provide that are add-ons rather be fairly brisk so that in the spring we can come out than taking anything away from existing NHS patients. with a clear view of the outcome of this debate. However, what puzzles me is why the amendment applies Sandra Gidley: Many people are concerned that we only to mental health trusts: why not have a wholesale could go back to the old days when private patients move to a minimum of 1.5 per cent., or whichever was seemed effectively to be subsidised by the NHS. Will the the rate at transfer? A small number of foundation review include mechanisms to ensure that the full costs trusts have a cap of less than 1.5 per cent., and they will of any in-house private patients are recovered and charged be feeling aggrieved that they are missing out—that properly, so that we do not have such subsidising of the they have seen others gain something that will enable private health care system again? them to provide new services while they are still stuck in the same shackles. Why did the Minister not take the Mr. Mike O’Brien: The hon. Lady makes a very good opportunity to be a little bolder and introduce a level point. We do not want private patients to be significantly playing field of a 1.5 per cent. minimum for everybody subsidised by NHS taxpayers. The aim is to ensure that whose cap was beneath that? Was it simpler to take this we make a proper examination of the issue and come up 77 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 78 with a set of principles that we can apply to foundation I am grateful for the indication that Conservative trusts, and perhaps the whole NHS, so that there is a Members do not intend to oppose the new clause, and I clear view of what the objectives are. We do not want to hope that we will have the support of the Liberal restrict innovation, and it is important that we have the Democrat Front Benchers. ability to develop new ways of providing services and Question put and agreed to. looking after public health in general, both mental and New clause 13 accordingly read a Second time, and otherwise. We therefore need to consider how the matter added to the Bill. should be developed.

Mr. Stephen O’Brien: My point is a combination of New Clause 14 what the hon. Member for Romsey (Sandra Gidley) asked and what the Minister said in reply to her. The PAYMENTS IN RESPECT OF COSTS OF OPTICAL quicker the process by which the full range of tariff APPLIANCES implementation can take place, the better it can assist us, because that will set out much of what we need to ‘Section 180(2)(c) of the National Health Service Act 2006 (c. 41) (payments in respect of costs of optical appliances for establish to ensure that there is not inappropriate cross- persons aged 60 or over) is omitted.’—(Mr. Mike O’Brien.) subsidy. People will be well aware of what the true cost is, so they can be sure that there are mechanisms in Brought up, and read the First time. place for that. 6.45 pm Mr. Mike O’Brien: That is a fair point, and I acknowledge Mr. Mike O’Brien: I beg to move, That the clause be that we will need to consider tariffs and how services are read a Second time. provided and should be developed in future. I was asked a couple of questions. The hon. Member Mr. Deputy Speaker: With this it will be convenient for Romsey (Sandra Gidley) asked about the process to discuss Government amendments 38 and 39. that will take place. The timetable is that the call for evidence will begin within the next month, and the Mr. Mike O’Brien: The new clause is designed to Department will seek feedback by the end of the year. correct a drafting mistake that was made in the Health A policy review will begin in the new year, which we Act 2006, which is now consolidated into the National expect to report to Ministers in the spring, and a formal Health Service Act 2006. I understand that the error Government consultation presenting the options for the was spotted by officials on 8 September this year, and most appropriate solution will then be brought forward. the new clause makes no change in policy. In due course, it will be for those dealing with the Since the introduction of the optical voucher scheme matter to bring forward legislation, and I look forward in 1986, Government policy has been that eligibility for to doing so. NHS optical vouchers should be targeted at children The hon. Member for Eddisbury asked me about the and those who are in receipt of a qualifying income-related lack of a definition of a mental health foundation trust. benefit or need a complex optical appliance. Those He said that he had looked for it, but it is actually in the eligible for help on low-income grounds include those new clause. He is right that there is not a proper aged 60 or over. The change introduced in the Health definition elsewhere, so we have included it in the new Act 2006 seems mistakenly to have extended eligibility clause. I hope that he will see that a trust is included if for optical vouchers to all people aged 60 or over, “it appears to the regulator that it provides goods or services only regardless of income. That was not referred to in the or mainly for the prevention, diagnosis or treatment of any explanatory notes to the Act, and it was not the subject disorder or disability of the mind or for the benefit in any other of an impact assessment or consultation. It was a way of people suffering from a disorder or disability of the mistake made during the process of preparing the draft mind.” Bill. That is the definition that he seeks. Before Opposition Members have fun with this—I The hon. Gentleman asked about the judicial review. would expect no less—I remind them of the minor fact Our view was that it would be better to delay our review that although it is true that Ministers at the time did not of the matter until after we had seen the view expressed spot that the wording was wrong, neither did either by the courts. However, lawyers consider such things Opposition party’s Front Benchers, so let us not be with a degree of care, and I have done so and taken the holier-than-thou about this. We accept that there appears view that the courts would actually want to know how to have been a drafting error. The best that I can work the Government propose to deal with these issues. I out as to how that happened is that there seems to have believe that it would therefore assist the courts if we set been some lack of clarity in the Department of Health’s out how we propose to do so, so that the fact that we are instructions, which led to a mistake in drafting that was conducting a review can be taken into account in any never picked up in this place or the other place. The new judgment that they reach in due course in relation to the clause simply corrects that error and reinstates the judicial review. He asks whether we have changed our legislation that reflects our long-standing intention and mind: yes, we have. Have we considered the matter policy, including at the time of the Health Act 2006—to again? Yes. Have we taken the view that we can go maintain entitlement unchanged. ahead with the change now? Yes, we have—I have taken No one eligible for an optical voucher before the advice from those who advise us and taken the view that mistake was made is affected by the new clause. Our we can move forward. [Interruption.] It was a lawyer’s view continues to be that help with the cost of optical examination of the issues, to reach a sensible conclusion appliances through the NHS voucher scheme should based upon the evidence. be targeted at those most in need, and that that 79 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 80

[Mr. Mike O’Brien] Mr. Mike O’Brien: The policy remains exactly as it was. The best advice for the hon. Lady’s mother is that represents the best use of NHS funds. That view predates the NHS has rules, which it has applied and will continue our Government and has continued, by and large, under to apply. If her mother qualified previously, she qualifies this Government. now. If she did not qualify previously, she does not now.

Frank Dobson: Would my right hon. and learned Mr. Deputy Speaker: Order. I suspect that the Minister Friend concede that the person doing the drafting might was not responding to an intervention, but summing up even have benefited from the optical appliances that the the debate. vouchers supply? Question put and agreed to. New clause 14 accordingly read a Second time, and Mr. Mike O’Brien: I dare not concede that. Our added to the Bill. draftsmen do an excellent job, and we certainly do not want to upset them. My guess is that there was just a lack of clarity in some of the instructions that were sent New Clause 1 over. It is difficult to be clear about why the mistake PURCHASE OF TOBACCO ON BEHALF OF CHILDREN originally arose, but arise it did. By the way, we spotted it, and we are dealing with it now. People aged 60 and ‘After section 7(2) of the Children and Young Persons over are eligible for NHS-funded sight tests in view of Act 1993 (c. 12) (sale of tobacco, etc. to persons under (eighteen)) insert— their increased risk of eye disease, and that will continue. There are conditions in relation to the application of “(2A) A person commits an offence if he buys or attempts to the rules. Our policy is unchanged and the new clause buy tobacco on behalf of an individual aged under 18. merely corrects an error in the legislation. (2B) Where a person is charged with an offence under subsection (2A) it is a defence that he had no reason to suspect Mike Penning: The Minister is right—we might have that the individual was aged under 18. a little fun, but only for a few moments because I do not (2C) A person guilty of an offence under this section is liable want to delay matters. I thank him for the letter of on summary conviction to a fine not exceeding level 5 on the 2 October to my colleague, informing the official standard scale.”.’.—(Mike Penning.) Opposition that the Department had found the mistake— Brought up, and read the First time. three years after it was included in the measure; the Mike Penning: I beg to move, That the clause be read Minister forgot to mention how long it had taken. a Second time. However, he is right that the provision was not intended to be in the 2006 measure—I have looked through the Mr. Deputy Speaker: With this it will be convenient work that took place long before I joined the Front to discuss the following: new clause 4—Purchase of Bench to ascertain how the Bill went through. He tobacco on behalf of children— should be commended on his intention to continue the ‘After section 7(2) of the Children and Young Persons previous Conservative Government’s work on optical Act 1933 (c. 12) (sale of tobacco, etc, to persons under vouchers. (eighteen)) insert— I noted the Minister’s comment that the shadow “2A Purchase of tobacco on behalf of children Secretary of State had taken part in proceedings on the (1) A person commits an offence if— Bill and that perhaps he should have picked up the (a) he buys or attempts to buy tobacco on behalf of an mistake. Not quite as many lawyers work for Her Majesty’s individual aged under 18, or Opposition as for the Department of Health. While we (b) where he is a member of a club, on behalf of an are having a bit of banter, let me point out that the hon. individual aged under 18 he— Member for Lincoln (Gillian Merron), now a Minister (i) makes arrangements whereby tobacco is supplied to in the Department, was the Whip on the Bill. One him or to his order by or on behalf of the club, or therefore wonders whether the Bill that we are considering (ii) attempts to make such arrangements. today, about which she may comment—she served on the Committee—has had the same sort of scrutiny that (2) A person (“the relevant person”) commits an offence if— took place in 2006. (a) he buys or attempts to buy tobacco for consumption on relevant premises by an individual aged under 18, After that bit of banter, we accept that a mistake was or made three years ago and that the Government are (b) where he is a member of a club— changing the legislation at the first opportunity. (i) by some act or default of his, tobacco is supplied to him, or to his order, by or on behalf of the club Sandra Gidley: I have little to add. I had spotted the for consumption on relevant premises by an flaw that neither Ministers nor the Opposition teams individual aged under 18, or found. It made me wonder whether we had inadequate (ii) he attempts to have tobacco so supplied for such time for scrutiny. Bills are heavily timetabled in consumption. Committee nowadays and clauses often do not receive (3) Where a person is charged with an offence under the attention that they perhaps would if we had a little paragraph (1) or (2) it is a defence that he had no reason to more time. suspect that the individual was aged under 18. I am amazed that the mistake took three years to (4) A person guilty of an offence under this subsection is liable come to light. However, I have a question for the on summary conviction— Minister. Should I advise my mother, who is over 60 but (a) in the case of an offence under paragraph (1), to a fine currently does not qualify for free spectacles, to get out not exceeding level 3 on the standard scale, and there quickly and get her vouchers before the changes (b) in the case of an offence under paragraph (2), to a fine come into force? not exceeding level 5 on the standard scale.”’. 81 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 82

New clause 6—Disclosure of tobacco industry promotional Amendment 17, page 26, leave out lines 7 to 10 and and research activity— insert— ‘(1) The Secretary of State shall make regulations to require a ‘requirements as to the location of any automatic machine for business which in the course of its activity sells a tobacco the sale of tobacco which would prevent access to, or purchase product or causes one to be sold to disclose details of its of, tobacco by any person aged under 18.’. marketing and research activities. Amendment 7, page 26, line 12, leave out ‘or (2) Disclosure shall consist of but is not limited to— requirement’. (a) the total amount spent on distribution, advertising and Amendment 8, page 26, line 13, leave out ‘or selling costs deducted from corporation tax; requirement’. (b) distribution costs; Amendment 9, clause 23, page 27, line 12, leave out (c) promotional allowances at retail; ‘may’ and insert ‘shall’. (d) competition prizes at retail; Amendment 10, page 27, line 12, after ‘prohibiting’, (e) tobacco display gantries at retail; insert ‘ in certain circumstances’. (f) speciality item distribution; Amendment 11, page 27, line 12, leave out ‘or imposing (g) brand development; requirements in relation to’. (h) packaging design; Amendment 12, page 27, leave out lines 15 to 19. (i) online marketing activity; Amendment 18, page 27, leave out lines 16 to 19 and (j) advertising in specialist trade press; insert— (k) corporate social responsibility activities; ‘requirements as to the location of any automatic machine for (l) market research; the sale of tobacco which would prevent access to, or purchase (m) product research; and of, tobacco by any person aged under 18.’. (n) any other marketing and research activity which Amendment 13, page 27, line 21, leave out ‘or represents more than 5 per cent. of the total requirement’. spending by the business. Amendment 14, page 27, line 22, leave out ‘or (3) The Secretary of State shall make regulations to require requirement’. disclosure of information and results from all market research and scientific research conducted by the businesses specified in subsection (1) in relation to tobacco products by type of product. Mike Penning: It is a pleasure to take this element of (4) The Secretary of State shall require all information the Bill through its final stages. required by subsections (1) and (3) to be submitted on a I was a proud member of the Select Committee on quarterly basis by businesses specified in subsection (1) and shall, Health that pushed the Government from a partial ban within three months, publish a report aggregating the data. on smoking in public places to a full ban. I did not (5) A person who does not comply with regulations under this think that anyone should be protected under the legislation section shall be guilty of an offence. on a cherry-picking principle. It should be one rule for (6) The provisions of section 13 (Enforcement), 14 (Powers of all or not at all. I was therefore pleased that the Select entry, etc), 15 (Obstruction, etc of officers) and 16 (Penalties) of Committee, after taking a lot of evidence, reached the Tobacco Advertising and Promotion Act 2002 shall apply to conclusions that meant that an amendment was tabled this section.’. and, on a free vote, the House came to a sensible New clause 7—Restrictions on tobacco packaging— decision. ‘Within six months of the passing of this Act, the Secretary of Unless things have changed since the debate began, I State shall set out guidance for consultation with appropriate am sad that the two main Opposition parties have a free stakeholders on regulations prohibiting or restricting the use of vote this evening, while the Government party does not. logos, colours, brand images or promotional information on That is a shame. It is an issue of conscience—[Interruption.] tobacco packaging other than brand names and product names displayed in a standard colour and font style.’. No, the Government party does not have a free vote— Labour Members can ask the Minister. Some selective Amendment 1, page 23, line 31, leave out clause 21. voting by Labour Members may happen, but the Amendment 16, clause 21, page 24, line 15, at end Government will oppose the amendments and that is a insert— shame. ‘(2) No offence is committed under section 7A if— (a) the products are displayed at a place where tobacco Dr. John Pugh (Southport) (LD): It is all the sadder products are offered for sale, because the evidence is ambiguous. There is no decisive (b) the display is of one packet only of each tobacco evidence to compel Ministers and Labour Members to product which is offered for sale, vote the same way. (c) the display is no greater than 1.5 square metres in size, and Mike Penning: That is a sensible point. We did not (d) the display complies with such requirements as may be force any votes in Committee because we wanted the specified in regulations.’. House to have the opportunity to express a view and Amendment 2, clause 22, page 26, line 3, leave out did not want to constrain the House. I said to the ‘may’ and insert ‘shall’. Minister in Committee that the evidence appeared to be selective. I understand where it came from; I have Amendment 4, page 26, line 4, after ‘prohibiting’, nothing but admiration for Cancer Research UK and insert ‘in certain circumstances’. Action on Smoking and Health—ASH. I have worked Amendment 5, page 26, line 4, leave out ‘or imposing with them in the past and will continue to do that. requirements in relation to’. However, it is a Minister’s job to examine all the evidence Amendment 6, page 26, leave out lines 6 to 10. so that legislation is evidence-based. 83 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 84

Christopher Fraser (South-West Norfolk) (Con): I am do not want young kids to buy tobacco from, or to be sure that my hon. Friend is also particularly sad because given tobacco by, an adult who is making an illicit the group of amendments affects businesses in all our earning by doing so. constituencies and it would therefore be good to see The shops, of course, are doing their best. They are Labour Members standing up for their local companies, asking whether people are 18 years old, and when especially in difficult economic times. someone proves that they are, they can buy the tobacco and sell it on. That cannot be acceptable, and we do not Mike Penning: The important point is that the businesses accept it with alcohol. If the hon. Gentleman is right, to which my hon. Friend refers are operating legally. We the Government need to get a grip on alcohol legislation. are considering a legal product. I am sure that many The key point is that the Government did the right hon. Members would like it to be illegal, but it is not. thing by raising the age to 18, but they have not done While it is sold by businesses legitimately, fairly and the right thing in their proposals. That is the reason for legally, they should not be persecuted. That is my view new clause 1. and my reason for tabling the amendments. The crux of amendment 1 is the evidence that the There are four new clauses and a raft of amendments measure in the Bill would massively affect businesses in and I shall try to speak about as many as possible, but this country at this very difficult time—that was raised without taking up too much of the House’s time because by my hon. Friend the Member for South-West Norfolk it is important that hon. Members vote on as many as (Christopher Fraser). Is there sufficient evidence to ban possible. The Opposition are looking to press new clause 1 displays at the point of sale, which will affect people’s and amendments 1 and 2 in particular to a vote. businesses? I have looked long and hard for evidence I find it strange that the Government have not accepted from around the world that the Government’s proposals the substance of new clause 1 and tabled such an are sufficiently evidence-based, but I do not think that amendment themselves. Raising the smoking age from they are. I am sure that the Minister will refer to the 16 to 18 had broad support throughout the country, experiment in Canada. When the measure was introduced levelled up our legislation with that of many of our in one state, there was a drop, but in states where it was European colleagues and friends, and made it similar to not introduced, there was also a drop. What is the that for alcohol. Yet while it is understandably illegal evidence base from that? for someone to proxy-purchase alcohol and pass it on The other thing that worries me about the evidence to a minor, it is not illegal to proxy-purchase cigarettes base, particularly Professor Hastings’s evidence, is that and pass them on to a minor. I do not understand that. it is based on what people are likely to do rather than on If the measure is to protect young people, and I genuinely what they have done. I am sure that we have all been broadly support it, I do not understand why new clause canvassing quite a lot lately and knocking on doors. If 1 is not accepted, especially given the evidence from the every single person who said, “Yes, I will vote for you manufacturers themselves that 89 per cent. of young Mike—that is my intention,” did so, my majority would people who smoke buy cigarettes from or are given be about 10 times greater than it is. We all know about them by another person outside a legal shop premises. people stating their intent, but surely the evidence base I have no truck with tobacco manufacturers. They for the Bill should be what people have done. We do not know—I have said it publicly—that I would be happy if have such evidence. they went bust tomorrow morning. I do not like tobacco products, but while they are legal, legal businesses, (Shipley) (Con): My hon. Friend is which do not break the law, should have every opportunity typically making a powerful case. I was a retailer for to sell them and not be penalised. 12 years before entering Parliament, and I can tell him that tobacco is not an impulse purchase in the way that David Taylor (North-West Leicestershire) (Lab/Co-op): cream cakes are, yet the Government are treating them The hon. Gentleman refers to outlawing proxy purchases the same way. People walk past cream cakes and think, of tobacco. However, we have a parallel regime for “Oh, I might try one of them, they look quite nice,” but outlawing proxy purchases of alcohol, which has proved they do not do the same with tobacco. Tobacco is not extremely difficult and costly to enforce and has not an impulse purchase, so does he agree that it should not been especially successful. Why does he think that tobacco be treated as such? would be different? Mike Penning: I completely agree with my hon. Friend, 7.15 pm as does the evidence from across the spectrum. At the Mike Penning: There are two things to say about that. moment, we do not have the recommendations from the First, unenforceable legislation is bad law and, secondly, Government, or know what they are likely to do or how the alcohol legislation is being enforced, particularly in they will interpret the measure. They are as yet unavailable, the constituency of my hon. Friend the Member for so we are going to be voting this evening on measures in South Cambridgeshire (Mr. Lansley). the Bill the impact of which we do not directly know. We were promised those details early in Committee and Mr. Lansley: No, it is next door. last week. Will the Minister tell us where they are?

Mike Penning: I do apologise—it is being enforced in The Minister of State, Department of Health (Gillian Cambridge, where partnerships have worked together Merron): The hon. Gentleman may be aware that the and driven down the amount of alcohol being drunk on regulations were published earlier today, before the the streets, particularly by young people. It can be debate commenced. Indeed, they were e-mailed to all done, if there is a will. I know the hon. Member for Members of Parliament and are available in the Library North-West Leicestershire (David Taylor) very well. We and the Vote Office. 85 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 86

Mike Penning: Does that not tell us everything about or even as much as £5,000. That is far too high for a the Government? It is like lastminute.com, but this is store to bear in these economic times. I am sure that my such an important issue. Businesses and Members of hon. Friend will agree that those same store owners are Parliament needed to know about the regulations weeks scrupulous about how they sell such products, because ago, not on the day when we are debating the Bill. We they would not be in trade if they did not do it properly. will be voting this evening on the future of the local stores and businesses in our constituencies, and I am Mike Penning: My hon. Friend’s point is absolutely disappointed in the Minister. I think she had every crucial. Those store owners do not know exactly how opportunity to bring that information forward. much the measure will cost them, because until this morning, we had no idea what was going on. If a shop Gillian Merron: I hope that hon. Members are aware sells cigarettes to an under-age child, it should be warned, that we have involved many retail organisations in the then it should receive a written warning, then it should development of the draft regulations. It is not always be three strikes and out. Local government already has the case that regulations are produced before a Bill is those powers. That process happens in some parts of debated—far from it. Ideally, I would have liked to see the country, but it should be enforced throughout the them earlier, but we are ahead of time on many other country. provisions. Mr. Philip Dunne (Ludlow) (Con): My hon. Friend Mike Penning: There is a saying that goes, “When you makes a very powerful case, and I share his abhorrence get in a hole, stop digging.” The industry, which sells a at the prevalence of smoking. However, the Government’s legal product, is very worried. It has been calling for proposal would have implications not only on the capital some time for the regulations to published so that it can cost to retailers, as was outlined by my hon. Friend the find out exactly what is going on. Member for South-West Norfolk (Christopher Fraser), but on their revenue. The measure would enforce continuing Lembit Öpik (Montgomeryshire) (LD): Does the hon. annual losses of trade. Many of the small confectioners, Gentleman find it astounding that the Minister thinks tobacconists and newsagents rely on tobacco sales for that publishing the regulations this afternoon is acceptable something approaching 30 per cent. of their turnover. when, as the hon. Member for South-West Norfolk The significant loss of turnover resulting from the display (Christopher Fraser) rightly observed, the retailers are ban would put many of those shops out of business going to suffer? They needed to see the regulations when the economy least needs to lose local community before we started the debate, but they were published shops. merely hours before it began. My second, related point, is that making tobacco an under-the-counter product will increase the propensity Mike Penning: This is exactly what the retailers were of illegal products being sold through other outlets, asking me earlier today and what we were asking last which will lead to a substantial reduction in Government week: “Where are they?” They wanted to know what the revenue. impact on them would be and the size of displays. Mike Penning: I agree completely with my hon. Friend. Mr. (Ealing, Acton and Shepherd’s Bush) (Lab): Let us have an argument about process David Taylor: Will the hon. Gentleman give way? because there is no substance. I am listening to the hon. Mike Penning: If the hon. Gentleman will bear with Gentleman. If he is right that there is no argument me, I need to make some progress, and I want my about tobacco being an impulse purchase, why is he so Back-Bench colleagues to speak on this matter, because bothered about display at point of sale being banned? it is very important. The evidence is that the tobacco companies take great The amount that such retailers take in revenue is not comfort from the displays and the advertising they do at the only important thing: the footfall is also important. point of sale, and in the fact that it influences young I would have thought that the Government, who are people. If he believes that the measure would damage trying to find extra income and who are today selling the retail trade, why does he not address that point? off some of the nation’s assets—we would agree with Mike Penning: I am concerned about having good some of their measures, but they are having a one-off law—a law that we can enforce and one that does not sale—would have considered why they are losing more have a disproportionate impact on people who are than £3 billion in duty on black market and counterfeit going about their law-abiding trades. That is my point. cigarettes, and white imports. Looking carefully at and reading the evidence will Sir Patrick Cormack: I am extremely grateful that my show us that what the hon. Gentleman just said is hon. Friend touched on that point. As Chairman of the fundamentally wrong. The evidence tells us that most Select Committee on Northern Ireland Affairs, I know children—we are talking about under-18s—do not purchase what a terrible impact such activity has had on Northern cigarettes in a shop. There is evidence of vending machine Ireland. It is not only a question of revenue lost. The use, which I will come to in a moment, but most people illicit cigarettes that are sold are frequently highly toxic—far are given tobacco or purchase it from an adult. There more toxic than the orthodox product. would be no impact from the measures. That is the evidence. Mike Penning: Three aspects of illicit tobacco worry me. The first is the duty that is not paid and the loss of Christopher Fraser: Further to the point made by the income. Secondly, we have no idea what counterfeit hon. Member for Montgomeryshire (Lembit Öpik), cigarettes contain. I support the amendment on the the Association of Convenience Stores has said that the contents of cigarettes, but we know nothing about display ban could cost each store a minimum of £1,800, those that are made in some dodgy shed in a field and 87 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 88

[Mike Penning] exercise. Am I right in thinking that after the general election, if the Conservatives form the next Government, then imported into this country. The third aspect—and those regulations will never be implemented? I saw how prevalent it is when I went to a football match at Watford the other day and saw the discarded packets—is Mike Penning: We have said that nobody with any the so-called white products, which look like legitimate sense thinks that squeezing this important debate into a products, but are made in the eastern bloc and are tiny section of the Report stage gives it the importance brought into this country for about 25p a packet and it deserves. We want to see a free vote across the House sold on. The people who sell those cigarettes do not and proper time given to debating this important issue care who buys them. One in five cigarettes sold in this of how we stop youngsters starting to smoke without country is sold on the black market. Why do we not completely destroying the corner shop. attack that market? Why is it not a criminal offence to sell such cigarettes? It is an offence under customs Mr. Chope: My hon. Friend refers to the free vote legislation, but the police are not interested because it is that we expect later this evening—certainly on this side not a recordable offence. Why not? We should drive this of the House—but that does not address the issue of practice out of the pubs, clubs and markets of this what will happen if the Bill becomes law in this Parliament. country. Will an incoming Conservative Government implement those regulations or will they accept the will of Conservative Mr. Christopher Chope (Christchurch) (Con): On a Members and reject them? point of order, Mr. Deputy Speaker. Earlier, the Minister assured the House that the draft regulations were now available in the Library and the Vote Office. I have just Mike Penning: We will always accept the will of the been to both, seeking copies, and they are not available. House. The draft regulations are not due to come into It is in any event extraordinary that the Minister did not force until 2011, and the election will take place long have the courtesy to distribute the draft regulations to before that. This House will take a view before the the shadow Minister. I request an adjournment of this regulations come into force. It is as plain and simple as debate, pending the production of these regulations. that. Evidence shows that one way in which young people Mr. Deputy Speaker: I am afraid that I cannot acquiesce gain access to cigarettes is from vending machines— to the hon. Gentleman’s final request. It is important although I do not know how they afford the cigarettes, that the necessary papers are available before a debate because they are hugely expensive. I was in a local pub takes place. I am sure that Ministers will have heard and a young guy came in during a quiz night and what the hon. Gentleman has said and will instigate bought a packet of cigarettes from the vending machine— inquiries—as will I—into the exact position. 16 for £7.20—and scuttled out of the door before anyone could stop him, and we have all seen the DVD Mike Penning: I was slightly surprised when the Minister on the issue produced by ASH and Cancer Research said earlier that the regulations were available in the UK. However, there are simple ways to stop young Library and the Vote Office, because such documents people using cigarette vending machines without destroying would usually be laid on the Table. In this case, they the income that pubs get from vending machines or were not laid on the Table, which is why I mentioned restricting access to a legal product for people aged over that to the Minister. She should be embarrassed, because 18. Last week, I stayed in the Jury Inn hotel in Manchester this debate is about people’s livelihoods, and the impact and a little sign on the vending machine said, “If you assessments would allow Members to take a view on wish to purchase these products, please come to the bar how this legislation would affect businesses in their and prove that you are 18”. Once that has been proved, constituency. the bar staff zap the machine and it works once. The I would also have thought that the Government would Government should make proposals to address the have had some comment on nicotine replacement therapy, vending machine problem without destroying a legal its cost and how we can make it more available. Once way to purchase cigarettes. That would make a dramatic people are addicted to nicotine, it is difficult to give up. difference. The biggest difference would be made by The Government have a myriad of different programmes addressing the black market, rather than by picking on for smoking cessation, most of which I support, but the shopkeepers who are running legitimate businesses but best approach is to address nicotine addiction. There happen to sell a product that some people do not like. must be ways to put nicotine replacement therapy closer to the consumer—perhaps in the stores that would be Dr. Stoate: Will the hon. Gentleman give way? damaged by this ban. If nicotine replacements were put next to cigarettes in shops, they would be available if Mike Penning: No, I am about to conclude my remarks. people decided that they wanted to break their addiction If the Government were serious, they would have and give up cigarettes. I am told by retailers that they waited for the evidence on point of sale. They would are not allowed to put nicotine replacements next to also support new clause 1, which would make it a cigarettes because the tobacco manufacturers say that criminal offence to act as a proxy in the purchase of that is not acceptable. That is wrong. Nicotine replacements tobacco, and amendment 2, which would protect more should be available next to tobacco products, at a children by closing the vending machine loophole. comparable price. Frank Dobson: New clause 6 would require the public 7.15 pm disclosure by tobacco companies of details of their Mr. Chope: We have been talking about the regulations, marketing activity and research, and their scientific which are not yet available, but that may be an academic research. We must bear in mind that everything that 89 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 90 tobacco companies do is designed to maximise the sale Bob Spink (Castle Point) (Ind): Will the right hon. of cigarettes. In the case of scientific research, they have Gentleman give way? a long track record of denying the conclusions other people’s scientific research, trying to introduce uncertainty Frank Dobson: No, I will not give way. Other people about that research and trying to mislead the public. want to speak. When, after the seminal research by Sir Richard Hardly anybody takes up smoking as an adult. Smoking Doll, it became clear to anybody who cared to listen is taken up by children or those in their late teens. that smoking kills, the immediate response by the tobacco Recently at the O2 Centre in Greenwich—as I understand industry was to say, “Oh no, it doesn’t.” Then the it, O2 is not one of the oxygens, but it ought to be some tobacco industry did its own scientific research, which chemical reference—there was a tented area that was concluded: “Yes it does,” but it still continued to deny it. dedicated exclusively to the promotion of cigarettes. Then when people outside the tobacco industry proved People have been going round bars in the north-east of scientifically that nicotine was addictive, the tobacco England with illuminated trays and illuminated young industry said, “Oh no it isn’t.” Then the industry did its women carrying them, and a similar approach has been own research, which proved that nicotine was indeed taken on the beaches in Brighton. Those involved have addictive, but at that point the industry did not just been dishing out free cigarettes to British holidaymakers continue to deny it. Rather, being the evil people that in Spain to ensure that they remain addicted. they are, those in the tobacco industry increased the People say, “Oh, these visible displays have no impact,” proportion of the addictive part of nicotine in their but let me quote from a Philip Morris official who said cigarettes, so that they became more addictive than they fairly recently: were beforehand. “The more visible our products are to consumers, the more Then the tobacco industry started promoting low-tar sales we make.” cigarettes, but when people outside said, “No, they It is no good Opposition Members saying, “Oh, there aren’t better for the health of people who smoke,” those would be a damaging revenue cost if the displays were in the industry said, “Yes they are.” Then it did its own banned.” If there were a revenue cost, it would mean internal scientific research, which proved yet again that that the ban was working. However, the industry claims the people outside the industry were right: low-tar that the ban would not work, but if it would not work, cigarettes were no more healthy or good for smokers why is it going on about it? than the worst of them. The other point is this. I have every sympathy with Since then, the industry has been promoting all sorts the small shopkeeper, but we are not talking about of allegedly scientific surveys and pseudo-research. It small shopkeepers; we are talking about some of the has paid its way into scientific publications, hiring scientists biggest multinational corporations in the world. The and doctors who, for the money it has paid them, have hon. Member for Hemel Hempstead (Mike Penning) been willing to perjure themselves and say that cigarettes said that he would like to see them go bankrupt, but are not dangerous. As far as the scientific side of things they are a long way short of being bankrupt. They are is concerned, one of the tobacco industry’s objects has rolling in money. If the small shopkeepers need help to always been just to create as much controversy as it can pay to get rid of displays, they should ask the big and to cast doubt on the plain and simple fact that bosses—the tobacco barons—to pay up the money and smoking kills roughly half the people who take it up. help them to conceal those displays. When we come to promotional activity—the industry’s scientific research is of course related to this—one Bob Spink: The right hon. Gentleman is making cannot fault the tobacco industry for not having long-term some excellent points. He mentioned that half the people thinking. There is evidence from tobacco companies’ who take up smoking will eventually die from it, but has internal documents going as far back as the 1970s that he made any estimate of the number of children, who they were asking themselves, “How do we fight off the are now taking up smoking in far too great a number evidence of harm that tobacco does to people?” and, because of the availability of cigarettes, vending machines “How do we promote cigarette sales when advertising is and suchlike, who will eventually die from this filthy banned?” There are legions of documents—generally habit? He is making some superb points. speaking, they were revealed as a result of legal cases in the United States—that show what the tobacco companies Frank Dobson: Roughly speaking, around half the have been up to. people who smoke die, one way or another, as a result of There has not been so much evidence here in the being smokers. United Kingdom, but the situation is probably best Then we have had the effort by the tobacco industry summarised by Mr. Geoff Good, which is an odd name to get into what might be described as tobacco-branded under the circumstances, of Imperial Tobacco, who, accessories, which involves selling something that looks referring to the Tobacco Advertising and Promotion like Marlboro or Lucky Strike, which promotes the Act 2002, told a meeting in London in 2006: image and the brand. All I can do is quote probably the “In this challenging environment, the marketing team have to last ever words that Robert Kennedy said that were become more creative.” worth recording before he was assassinated. He was He would have been more accurate if he had said, visiting the cardiothoracic unit at a hospital and he “Even more creative,” because the industry has been said, “I guess this is real Marlboro country.” And it is: getting more and more creative over the decades. The that is what the tobacco industry does. industry has promoted point-of-sale displays and sales through vending machines, and it has moved into massive Dr. Stoate: Just to help my right hon. Friend with the promotional activity in music venues that are attended figures, 120,000 people die each year from smoking-related by young people. diseases, which is about 400 a day—the equivalent of 91 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 92

[Dr. Stoate] the issue seriously should support anything that we can do to combat the promotional activities of the tobacco the number on a jumbo jet falling out of the sky. That is industry. the number of young people whom the tobacco companies I am concerned for the little corner shop, but I am need to recruit just to maintain the level of smokers in also concerned for the lungs of everybody who goes our society. into it and of those who do not go into it. That is why, although my proposal is not popular with some people, Frank Dobson: I think that I was the first ever person I hope that it will have the Government’s support. in the House to point out that the tobacco industry Someone has mentioned my time as Health Secretary, needs to recruit 120,000 new smokers a year to make up and I proposed to the then Prime Minister that we for the ones it kills in that year. We have to remember introduce a similar measure, but he refused to do so. that, because the tobacco companies will be standing However, I am still sticking with it and I hope that the still if they only get an extra 120,000 new smokers. House will stick with it. I hope that we will continually expose just what the tobacco industry is up to in its Mike Penning: Interestingly enough, when the right efforts to make profits at the expense of the health of hon. Gentleman became the Secretary of State for the people who use its products. Health in 1997, sitting on his desk would have been a report by Goddard, as well as a separate one by Smee, Sandra Gidley: The Liberal Democrats have tabled commissioned by the Department of Health into the new clauses 4 and 7, but I want to start by talking about effects of advertising and display bands. They said that new clauses 1 and 4. Before I do, however, it might be it seemed clear that tobacco advertising and retail displays worth clarifying one point. The Minister said that all had no effect on youth smoking initiation in the late Members of Parliament had been e-mailed the tobacco 1980s. That was what was sitting on the right hon. regulations. I have just checked my e-mail, and they Gentleman’s desk. Why do we not have that evidence were sent at 4.15 pm. Bearing it in mind that we all before us, so that we can have a balanced debate? thought that the debate would start at 3.30 pm, it really is unacceptable that the e-mail was sent out after the Frank Dobson: They were wrong then and they are planned time for the start of the debate. That gave us no wrong now. chance to incorporate any comments that we might Mr. Kevin Barron (Rother Valley) (Lab): The Smee have had on the regulations. I do not know whether that report did say what the hon. Member for Hemel Hempstead was a result of the Minister’s direction, or lacklustre (Mike Penning) said, but it also said that people smoke behaviour on the part of Department of Health officials. or not depending on whether they have positive or Perhaps the Minister can clarify whether that was when negative attitudes to cigarettes. Surely advertising gives the e-mail was supposed to go out. them positive ones. Mr. Deputy Speaker: Order. I am reluctant to intervene Frank Dobson: I thank my right hon. Friend. on the hon. Lady, who is talking about e-mails, and they are of course important in this day and age, but the key My new clause 6 would force the tobacco industry to places for these regulations to be, I am afraid, are in the disclose all the information about its scientific and Library and the Vote Office, and they are still not there market research. At present, the people with a duty to at the moment. promote public health, which includes the Government— and, one would hope, the Opposition—as well as Sandra Gidley: Thank you for that clarification, Parliament, are continually playing catch-up with the Mr. Deputy Speaker. I was just elaborating on the latest scam that the tobacco industry has come up with. Minister’s comments. Tonight, we have measures to try to cope with vending New clauses 1 and 4 have the same ends—to bolster machines and displays, which are increasingly used for this rather feeble legislation and to make it into something promotion. I propose that we allow people and a bit more meaningful. We are used to eye-catching organisations with a duty to promote public health to initiatives from the Government, but the tobacco display get ahead of the game. If we are to do that, we have to ban is probably the first example of a non-eye-catching recognise what the tobacco companies really are. It is gimmick. The ban is a gimmick, and I speak as someone no good pretending that they are anything else—they who regards themselves as a bit of a tobacco health are merchants of death. That is not an exaggeration. fascist. I do not like the tobacco industry. I do not like anything it stands for. I have seen at first hand what 7.30 pm tobacco has done to close relatives. One has only to go Philip Davies: Will the right hon. Gentleman give out the back door of any hospital to see people who can way? hardly walk but who have managed to stagger outside for their life-destroying cigarette. There is a problem. Frank Dobson: No, I shall not. Ultimately, however, I am also a scientist and a On 7 July 2005, five suicide bombers committed a Liberal, and we are talking about an adult product. The monstrous outrage in this city. Most of the people who ban has been touted as a means of reducing smoking died were killed in the two outrages in my constituency. among the under-aged. If I felt for one moment that it Fifty-seven people were killed. On an average day in this would do that, I would support it, but it does not, so I country, the tobacco industry kills more than 257. It did will be supporting provisions to remove it. As I said, we not just do that on 7 July 2005, but on every day of the are talking about an adult product that is sold to adults. year, and it continues to do it. That is the scale of the It is rather disappointing, therefore, that the Government problem that we face. Smoking is the principal source of resisted attempts to introduce amendments in Committee avoidable death in this country, and anybody who takes to ban proxy sales of tobacco. A variation on new 93 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 94 clause 1 was tabled in Committee, but the Minister World Health Organisation’s framework convention on rejected it. She outlined some interesting statistics from tobacco control—and I am sure that hon. Members will a tobacco smoking survey carried out in 2006—before be aware that the UK is a signatory to that accord. the age for smoking was increased. She referred to 11 to We need to put the new clause into the context of the 15-year-olds, 34 per cent. of whom bought from a shop, health arguments and how the tobacco industry has a fifth of whom were given cigarettes by friends, a tenth systematically utilised and evolved the tobacco packet of whom were given them by family members and with the very intention—deliberate or otherwise—of 18 per cent. of whom often bought them from other undermining the regulations that sought to inform people people. She claimed that the Conservative provision we and protect them from tobacco. We know that smoking were speaking to would not solve the problem, and she kills one in every two of its long-term users and that cited a number of incidences in which the proposed law smoking is an addiction of childhood, with 80 per cent. could not be used. of smokers having started by the age of 19. There is also I therefore drafted new clause 4, which is based on a crucial health inequalities aspect to smoking that the legislation that the Government use to prevent cannot be ignored. We know that smoking is the single proxy sales of alcohol. This may be naive of me, but I most important factor in health inequalities and accounts assumed that the alcohol legislation is fit for purpose for half the difference in life expectancy between social and that the Government would want to support a classes 1 and 5, which is very disheartening. I shall provision based on their legislation on another issue. return a little later to the role of tobacco packaging in The only reason not to support new clause 4 would be a exacerbating health inequalities. First, I would like to lack of Government will to tackle the problem of proxy address the tobacco control context surrounding the sales. I am told that even the tobacco retailers would new clause. not object to a provision along the lines that I propose. The Tobacco Advertising and Promotion Act 2002 Whatever we might think of the product, a vast majority prohibited the vast majority of tobacco advertising, of retailers want to be responsible retailers. On this promotion and sponsorship, which meant that the rules occasion, therefore, I hope that the Minister will not of the game had changed. The tobacco industry was reject my proposals, because there would seem to be no forced into thinking how it could be a little cleverer and reason to do so. refine how it interacted with its users and potential New clause 6 is an interesting provision, which would consumers. One of the prime mechanisms for interacting ensure disclosure of tobacco industry promotional research with consumers is now through the cigarette packet activity. We have just heard an impassioned speech by itself, which is effectively used as a badge product. the right hon. Member for Holborn and St. Pancras Although smokers may not be familiar with the concept (Frank Dobson), which clearly explained the reason of cigarette packets as badge products, they will be behind the new clause. In 2000, the Health Committee more familiar with the notion that the tobacco industry produced a report that set out in great detail some of is seeking to evoke—that their brand of cigarettes reflects the methods used to promote and increase tobacco their identity, personality and character. sales. The current Committee, in its inquiry on alcohol, Given such priming to personalise a smoker’s relationship has uncovered similar devices and actions, which are with the brand they smoke, it is not surprising that most quite shocking. Other supporters of the new clause will adults exhibit strong brand loyalty. More than 90 per probably regale us with more detail, and I shall leave cent. of smokers have already decided which brand to that to them so that more people have time to speak. buy before they walk into a shop. The tobacco industry I hope that commercial confidentiality is not thrown is aware of what it is doing. A Brown & Williamson at us as a reason for not introducing my proposal. employee stated in 1995 that Unless information has to be provided in a very short “if you smoke, a cigarette pack is one of the few things you use time span, commercial confidentiality is simply not an regularly that makes a statement about you. A cigarette pack is issue. There is no detail about time scales in the legislation, the only thing you take out of your pocket 20 times a day and lay out for everyone to see. That’s a lot different than buying your so they will presumably be left to regulations. It might soap powder in generic packaging.” be helpful if any Members who are still to speak in That may well have been before mobile phones became support of the provisions could set out a time line for the accessory to have, but this issue is worrying from a how they perceive the proposed openness working in health inequalities perspective. Roper and Shah found practice. that children, particularly those from deprived backgrounds, New clause 7 is an attempt to go further into the issue are especially attracted to tobacco brands. Once again, of plain packs. In Committee, I introduced an amendment the supposedly glamorous issue of smoking is being that would require all cigarettes to be sold in plain supported through a branding infrastructure. packs. That may have been a little bold for some, and I Since 1998, the tobacco industry has sought to increase would probably be a little inconsistent if I demanded an the number of brands, with the dual purpose of increasing evidence base for a display ban when there is little their impact through taking up more space on the evidence base as yet for plain packs. However, I instinctively shelves while also increasing their share of the market. feel that they must be a good idea because the tobacco Benson & Hedges, for example, has increased its brand manufacturers seem to hate the idea with a passion. family from four in 1998 to 12 in 2008. Another function New clause 7 requires the Secretary of State to consult of branding is to distract from the health warnings on stakeholders within six months of Royal Assent on cigarette packets. Since January 2003, all cigarette packets regulations for the restriction or prohibition of branding have had to include a written health warning and, by on all tobacco products, thus potentially providing the 1 October 2009, a picture warning. One might wonder first opportunity to introduce plain packaging for tobacco about the tobacco industry’s response. Well, some brands products anywhere in the world. It is now recommended actually incorporate the colours of the health warnings as an issue for consideration under guidelines for the into the design of the pack. 95 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 96

[Sandra Gidley] does not force them to adopt the proposal; it only asks them to give serious consideration to it. If we truly want It is of course illegal for tobacco manufacturers to to address the problem, we need to look at a range of say that their cigarettes are “low tar” or “light” or imply solutions. that they are less harmful than other brands. The fact Amendment 1 would leave out clause 21, which remains that cigarettes contain more than 80 cancer-causing introduces the display ban. I have already commented substances. Now the manufacturers use the branding that tobacco is an adult product. I have seen no convincing and colour scheme of the pack to imply distinctions, evidence that this provision will reduce under-age smoking. through colours such as silver and white. For example, Under-age smokers get their cigarettes mainly from research by Ann McNeill at university and other sources. If the Government were serious about other partners found that cutting off supply to younger people, they would support “products bearing the word ‘smooth’ or using lighter coloured one of the proxy sales amending provisions. branding mislead people into thinking that these products are less harmful to their health”. The impact on retailers was mentioned as an important Let me provide a practical example in case anyone does consideration, but many retailers I have spoken to view not believe me. This research found that it as almost inevitable that with stronger and stronger smoking control measures, their sales will drop. They “compared to Marlboro packs with a red logo, cigarettes in packs with a gold logo were rated as lower health risk by 53 per cent. fear that the drop will be sudden, although I am not and easier to quit by 31 per cent. of adult smokers”. entirely convinced of that. Not all retailers feel the same way, however. It was interesting to receive an e-mail Consumers are deliberately being led to make distinctions from someone who had recently visited Ireland, where between products that are essentially identical and, he saw the impact of legislation. He felt that the legislation crucially, do not have any differential health benefit or had forced small retailers to think creatively about impact. other products they could sell to increase footfall. 7.45 pm Christopher Fraser: Does the hon. Lady accept that a What could be the impact of plain packaging on figure of between £1,850 and £5,000 is far too much for tobacco products? Well, it would deglamorise them. a small retailer to bear? Studies by et al have found that plainer tobacco packaging can make the product seem “dull and boring”. Indeed, without all the branding, what do Sandra Gidley: In some cases the costs are borne by these packets become? They become simply containers the tobacco manufacturers. I think there is some evidence of tobacco products, rather than a brand for a smoker that the figures we were given originally showing the to build a relationship with. Such a move would be impact on small retailers were lower than the real figures. seriously fought by the tobacco industry, and it is There is a fair amount of disinformation. already on their radar. Let me read out what the gentleman to whom I referred said. Members can make up their own minds Mr. Slaughter: The hon. Lady is talking persuasively about it, but I thought he made an interesting point. He about the effect of packaging and how it influences said, “There are very small margins on tobacco products people. Ann McNeill and others have said that it is in the UK and Ireland, yet they currently take up a lot precisely the “power wall” of display that influences of display space in most shops. Banning displays would people, yet the hon. Lady is against doing anything create a level playing field and mean that I could use about that. that display space for healthier products which will give Sandra Gidley: The difference is that tobacco is an me a healthier profit.” I thought that a very enlightened adult product, so there is no reason not to display it. I attitude, but it brings me back to the cream cakes. Sadly, shall come on to that issue later. There would not healthy products are not necessarily that “must have” necessarily have to be a display ban here, as the new purchase. They may not be an impulse purchase, but clause might make the display much less attractive by people do not go out of their way to acquire them. making the package less attractive. There are examples Amendment 16 seems to make a compromise by of packages designed to attract women, who may like allowing a smaller display. I find that an interesting the package because it is sparkly and attractive, so they proposal. It treats the product as an adult product that want to get their hands on it. This links in with addiction, people can still buy without restriction, but it minimises as these types of packet are attractive in a way that the the impact of the display from the manufacturer’s point plain packets are not. of view. rose— Judy Mallaber (Amber Valley) (Lab) Lembit Öpik: I am grateful for my hon. Friend’s David Taylor rose— provisional support for the amendment. Does she agree that it resolves the issue raised earlier about “power Sandra Gidley: I am going to carry on as I have walls”? If the allocation is 1.5 square metres and that is almost concluded my remarks. it, the power wall argument is dissolved, with no loss of The argument against plain packs is that they make it the civil liberties and the economic potential that newsagents easier to counterfeit tobacco products, but it is difficult are still worried about losing. to distinguish between counterfeits and existing packs in any case, and there are covert markings on most Sandra Gidley: I agree. I felt that the amendment packs, which could be incorporated into the plain type. provided a very neat compromise. It would be interesting The new clause is designed to ask the Government only if we could put it to the vote, because it would potentially to consult on the matter and properly to investigate it. It keep those on both sides of the argument happy. 97 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 98

Dr. Pugh: None of us has any problem with indications sale of tobacco from vending machines. Why do we that tobacco is available as a lawful product. What we need to do more? Smoking is an addiction of childhood, are all against are indications that it is an attractive not an adult choice. Members may come here tonight product, and amendment 16 goes some way towards and argue that it is to do with adult choice, but it is no addressing that. Does that not go to the heart of the such thing. More than 80 per cent. of people who start matter? smoking before the age of 19 are hooked by then, and each year in this country people start smoking when Sandra Gidley: Yes. they are as young as 10 or 11. Each year, 340,000 I hope the House will excuse me if I say a little about children in Britain start smoking, and are addicted well vending machines. I have tried to be brief in dealing before they reached the age of 19. with matters raised in other amendments. A significant However, it is not just a question of addiction. Members proportion of children buy their cigarettes from vending spoke earlier about the human carnage. Each year, the machines, and here the Government have again been industry secures more than 100,000 new recruits who very timid. No other age-related products can be sold in are not adults but children as young as 10. If the the same way. I shall leave it to those who tabled the industry is to survive, it must replace the adults whom it amendment to present their arguments, but there is kills—and it can do that only by replacing them with widespread support for the banning of such vending children. Tragically, year after year in my constituency machines, and I feel that the Government are behind and in the north-west of England as a whole, 14,000 of the curve in this respect. my fellow adult citizens die prematurely. People my age Amendment 17 supports a sentiment first expressed and younger will never see their children leave school, by my hon. Friend the Member for Leeds, North-West and will never see their grandchildren grow up. Why? (Greg Mulholland), who suggested on Second Reading Because they became addicted to smoking as children, that a compromise might be to restrict vending machines and lose their lives because of it. to premises to which only those over 18 had access. I am Tobacco is still the only product in Britain that can be not sure how practical that is—I do not know whether sold legally which routinely, as a matter of course—daily clubs for over-18s can employ 16-year-old cleaners—but and recurrently—kills and injures its consumers. Do it is an interesting attempt. not tell me that we cannot have choices! For too long The Government have chosen a single eye-catching the choices have been left in the hands of the tobacco initiative in an attempt to show that they are doing industry, and they all end up as one choice: for families something about tobacco control. They have chosen the to watch debilitating diseases overcome their loved ones. wrong measures, however, and I hope they will listen My friend John Tiernan, who was diagnosed with cancer seriously to what is said about some of the amendments of both lungs at the age of 30, started smoking at 11. By tabled by both Opposition and Labour Members, which the age of 31 he was dead, leaving a widow and two in my view would do much more to control tobacco use young children. John is not unique as a friend. We all than the path they have chosen to pursue. have friends and family members to whom similar things have happened. Mr. McCartney: I owe the House an explanation. Smoking is the biggest health inequality indicator, Because of the complexity of some of the new clauses accounting for 50 per cent. of the difference in life and amendments that we are discussing and the overlap expectancy between working-class and middle-class citizens. in what we are attempting to achieve, I shall pursue Why? Because of its deleterious effects on our constituents. amendments 5 to 8, relating to clause 22 and England and Wales, and amendments 11 to 14, relating to clause 23, Philip Davies: I am well aware that there is no problem which deals with Northern Ireland. I am assured by my that the right hon. Gentleman does not think can be ministerial colleagues that if the amendments that I am solved by the , but if he is so passionate pursuing are accepted, that will ensure that cigarette about the issue, why has he not tabled an amendment to vending machines are put out of order for good to help ban smoking altogether rather than using the guise of to protect the future health of our children. I ask all restriction? Why does he not have the courage of his Members not to find a way of frustrating the will of the convictions, if that is what he really believes? House, but to find a way of ensuring that future generations Mr. McCartney: If the hon. Gentleman is such an of children do not die unnecessarily as a result of apologist for the tobacco industry, perhaps he would cigarettes purchased from vending machines. like to apologise to the House for the most distasteful On 8 June, on Second Reading, I presented what I remarks I have heard in the Chamber in 23 years. When considered to be an evidence-based and compelling case we are trying seriously to defend the interests of young for an outright ban on cigarette vending machines. I children from the effects of tobacco smoking, all that implored my right hon. Friend the then new Secretary the hon. Gentleman can produce is a quip which is not of State worthy of response other than this: I have given you “to be brave and not to take heed of those who claim that this 100,000-plus reasons why every year we should ensure would be a regulation too far.”—[Official Report, 8 June 2009; that this product does not get into the hands of our Vol. 493, c. 604.] children. I will give you 340,000 reasons— I hope that that is exactly what he and his colleagues Mr. Deputy Speaker: Order. I am sure that the right will do in the Lobby tonight. hon. Gentleman remembers the correct way in which to My amendments test the resolve of the House in address other Members. attempting to close an outrageous loophole in safeguards intended to prevent tens of thousands of children from Mr. McCartney: I realise that I should not use the illness and premature deaths in the years to come. We word “you”. I could call the hon. Gentleman “comrade”; require the Secretary of State to regulate to prohibit the I could call him “the best of mates”. I could call him a 99 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 100

[Mr. McCartney] exemption on tobacco advertising for . There was the right hon. Gentleman saying he was host of things, but I thought “you” was as neutral a speaking up for the poor and that he has something word as I could use in the moment. I do apologise, against all these big, nasty, wicked rich people, when in however. I am making this point to the hon. Gentleman: the past he languished in the Cabinet having defended learn and grow up. He should realise that today in his the interests of one of the richest people in the world. constituency he has constituents who are dying prematurely So we do not need to take any lectures from him about because of the tobacco industry. rich people benefiting from tobacco marketing. 8pm Frank Dobson: Will the hon. Gentleman acknowledge Yesterday, I attended a conference of 100 young that we banned advertising and promotion? people in Chester, many of them smokers. They took a vote and they asked me to tell the House tonight. Nine Philip Davies: Well, I am glad that the right hon. out of 10 of them voted to have a strict ban on vending Gentleman is happy with his position at the time on machines. Young people are speaking up and speaking that issue. out, and two thirds of smokers argue that there should The point here is twofold. The right hon. Gentleman’s be a ban on vending machines. Why? Because vending argument about the misery of tobacco contained one machines are almost exclusively used by children. fatal flaw, which is that tobacco is bought by adults. It is Vending machines are a danger; they are a loophole. a product for adults; that is the law in this country. He This country rightly took the decision to secure a rise does not seem to agree with the concept of choice. from 16 to 18 years for the age that children and young Many Labour Members seem basically to have the adults can buy cigarettes. There is a reason for that: by mindset that they have come into Parliament to do one the age of 19 more than 80 per cent. of young people thing and one thing only: to ban everybody else from who have started smoking are addicted to smoking. Yet doing what they themselves happen not to like, rather that ban has been undermined by the industry through than to allow people a free choice and to make up their the use of vending machines. Children use these machines own minds. on a daily basis in disproportionately high numbers; tens of thousands of children, some as young as 10 and Judy Mallaber: Does the hon. Gentleman not accept 11, are using vending machines, when the overwhelming that one person’s choice to smoke affects other people’s majority of this country’s citizens say young people choice not to smoke? One person’s freedom stops at my should not be able to buy cigarettes until the age of 18. nose when it comes to smoking. Although in this issue Vending machines are not just a loophole; they are a we are concerned particularly about young people, does death trap to the next generation of young people, who he not accept that one person’s choice affects others’ will be captured by an industry that needs them to freedoms? replace the adults who it is already killing on a daily basis. Philip Davies: No, I do not. We are getting slightly off the mark here, but the hon. Lady has the freedom to I ask my colleagues to support the amendments. I take her nose somewhere else if she does not like what could say much more, but other Members wish to speak she is smelling. That is the whole point of freedom and so I will let later contributors add to my remarks. The choice. evidence is overwhelming: if we do not get rid of vending machines some people will consistently undermine We have heard from the right hon. Member for the 18-years-of-age ban. We know from all the professional Holborn and St. Pancras that he is the friend of the surveys done so far that in pubs, clubs and wherever else small retailer, and that he thought that the only people vending machines are located, people as young as 11, who would suffer from banning the display of tobacco 12, 13, 14 and 15 can access those machines with at point of sale would be those in some of the biggest impunity. Therefore, the only safe way of dealing with companies in the world. As somebody who worked for this issue is to ban vending machines once and for all, one of those big, nasty supermarket chains for 12 years and with this ban we will take another step down the before entering Parliament, I can tell him that cigarette road of making Britain a smoke-free nation. With that, sales are a very small proportion of their income and tens of thousands of our fellow citizens will be able to certainly a very small part of their profit margins. The grow up, see their children and grandchildren grow up, proposal will not have any major impact on , Asda and see their grandchildren’s children be the best they or any of the other companies that he seems to have in can be. If that is all we can do in this House tonight, his firing line. The people who will be fundamentally please let us do that; let us save the next generation of affected are small retailers. The big supermarkets can children from diseases of the heart and cancers. We owe afford to change their displays and the way that they that to them; let us vote for this measure. display products. It is the small retailer who cannot. I hope that the right hon. Gentleman does not go around Philip Davies: I intend to speak only briefly as I know pontificating to his small businesses on how he is so that other Members want to contribute and time is supportive of them and wants everybody to shop at limited. There are a few points I want to make however, their local shops, when he is trying to introduce a largely in response to the points made by the right hon. measure that would do more damage to small newsagents Members for Holborn and St. Pancras (Frank Dobson) than anything else he could imagine. and for Makerfield (Mr. McCartney) who were basically prime advocates of the nanny state, which has done so Lembit Öpik: Adding to that observant point, does much damage in this country over many years. the hon. Gentleman agree that, as the large retailers can The sanctimonious tone of the right hon. Member afford to change their displays and small retailers cannot, for Holborn and St. Pancras was rather hard to swallow those who are addicted to tobacco will be driven to as he was part of a Cabinet that decided to make an larger shops not just for their cigarettes but for other 101 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 102 things as well, therefore achieving exactly the opposite that, again, are largely inhabited by adults—will not of the intention of the right hon. Member for Holborn make a blind bit of difference to under-age smoking and St. Pancras (Frank Dobson)? and will have a huge impact on local pubs. Philip Davies: The hon. Gentleman is absolutely right, Angela Watkinson (Upminster) (Con): The purpose and I hope Labour Members will take that into account. of these bans might be to deter under-age smoking, but does my hon. Friend agree that the main responsibility Christopher Fraser: Further to that point, such small for ensuring that children do not smoke lies with their shops are very often in villages in constituencies such as parents? They should know where their children are, mine, where the local services such as post offices have what they are doing and how much money they have to gone and they are therefore the last port of call for spend unsupervised. villagers to buy what they require. If they go out of business as well, the villages will die. Philip Davies: I have great respect for my hon. Friend’s opinions and on that, as on so many other things, I Philip Davies: My hon. Friend is absolutely right. agree with her entirely. The whole principle of the The main point is that this should not be billed as the nanny state is wrong, but even if one were to think that tobacco display restriction or ban. The Government it is a good thing, one would find that in other countries should be promoting this measure as, “We think the such a ban has been shown not to have the effect that public are thick” because in effect they are saying that the Government would like it to have. For example, people will buy cigarettes only if they are on display after years of decline in the level of under-age smoking and that they will not buy them otherwise—that if they in Canada, among 15 to 19-year-olds smoking has are on display people will think they therefore must be remained the same or has increased in five of Canada’s an attractive product and will buy them. That is a eight provinces since the ban was implemented. Whereas completely false premise. People have a choice as to there had been a fall in the number of young people whether they want to buy them. I am perfectly prepared smoking in Canada before the ban, in five of the eight to trust my constituents to make these decisions for provinces there has since been either no reduction or an themselves. I trust them to be able to decide for themselves increase. This measure has been shown not to work. whether they want to buy a packet of cigarettes. They In Ireland, the introduction of a ban has only made do not need the Government telling them what they can the black market worse; for the first time in Ireland, and cannot do, and what they can and cannot see when illegal products have been found in traditional retail they go shopping. outlets. That evidence from so close to home surely This is the nanny state gone mad. Everything that the shows that these concerns are justified and should be Government do always has at the back of it this: that taken seriously. Even if one accepts that telling everybody they know better than the public who elected them. I do what they can and cannot do, where they can and not see why they have such little faith in the public when cannot shop and what they can and cannot see is a good they stand for election hoping that people will choose thing, this ban has been shown in other countries to be who to vote for, yet they cannot even allow them to a complete waste of time. This measure is a perfect make a choice as to how they buy a particular brand of example of the Government thrashing around to try to product. On every conceivable level this proposed ban is do something—to look as if they are doing something— wrong, because it goes against the principle of individual even if what they do will make no difference or do great responsibility, free choice and people making their own damage to local businesses and shops. decisions, and it will have a very bad effect on small The right hon. Member for Holborn and St. Pancras shops. made the point that the tobacco companies would be able to pay for all the changes required by retailers in Tom Levitt (High Peak) (Lab): The hon. Gentleman their shops, but I must tell him that in Ireland that is not began his remarks by saying that he accepted that the evidence from most retailers. Well over half the smoking should be an adult pastime. Does he accept retailers there got zero help from the tobacco companies that banning cigarette machines may push consumers to pay for their displays and some 75 per cent. of the from that unsupervised sale towards a supervised sale in smallest shops of all—newsagents—had to pay the full small shops, and that therefore the only people who cost themselves. There is no evidence that all these costs would be deprived of the chance of buying them would will be met by the tobacco companies. be the under-age children who should not be buying them in the first place? Frank Dobson: The hon. Gentleman makes my point: the people running the tobacco companies, who are Philip Davies: No, I do not accept that because, fabulously wealthy, both individually and corporately, again, the premise is wrong. That basically presumes are a set of greedy, grasping people who have no concern that everybody who buys cigarettes from a vending at all for the small retailers who sell their product. If machine is a child, but that is clearly palpably ridiculous. they did care about them, they would be willing to make I might add that we were talking about the future of all the necessary changes. local shops, but one other serious issue we ought to face up to is the problem of local pubs. Many local pubs Philip Davies: It is not sensible, in the current climate, have gone out of business over the last few years, not for any Member of Parliament to accuse anyone else of least because of the ban on smoking supported by so being greedy and grasping; I am not sure that there many Labour Members who have helped the small pubs would be much public support for an MP calling anybody in their local communities go to the wall. About 50 pubs else that in the current climate. The right hon. Gentleman a week are closing down. Lots of Labour Members criticises tobacco companies for being wealthy, but they doubtless argue that they want their local pubs to have lots of money only because they have sold thrive, but taking the vending machines out of pubs—places legitimate—legal—products to people who have bought 103 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 104

[Philip Davies] cigarette packets. Research shows that the decision in 2007 to go smoke-free is now supported by more than them as a result of their own choice. He might not agree 80 per cent. of the population. Since 1997, our actions with people’s decision to smoke—I do not smoke and I on smoking have resulted in 2 million fewer smokers—that do not particularly like going into smoky places, but I is a 25 per cent. reduction. In the past decade, more believe in freedom of choice—but they should be respected than 70,000 lives have been saved by local NHS stop if they decide to spend their hard-earned money on smoking services, yet about one in five people still cigarettes. If that is what people wish to do, they should smoke, with the highest concentration in the most be free to do so—they do not need him lecturing them. disadvantaged communities and groups. Mr. McCartney: The hon. Gentleman has said much Joan Walley (Stoke-on-Trent, North) (Lab): Is my about the nanny state and he has said that there is no hon. Friend aware of the concerns of the NHS in problem with smoking, full stop, because it is legal. If Stoke-on-Trent, particularly in respect of the very high he believes that, why does he not have the courage of his number—the figure is well above the national average—of convictions? Why does he not start smoking and see 11 to 16-year-olds who classify themselves as regular where he gets to? smokers? Does she agree that it is right that this Government should do all they can to reduce smoking, including Philip Davies: I knew it was a mistake to give way to among young people, and that we must go even further the right hon. Gentleman and I shall treat that intervention than the measures in the Bill? with the contempt that it deserves. This issue is all about choice. I choose not to smoke but I perfectly respect Gillian Merron: I agree with my hon. Friend that we people who choose to do so, because that is their choice. should do all we can. A consultation that we undertook He has just proved to me what I said from the word go: last year attracted almost 100,000 responses, and I shall that he comes into Parliament to try to ban everybody be publishing the new national tobacco control strategy else from doing all the things that he does not like. That later this year. I am sure that my hon. Friend and her is not a good basis on which to pass laws. constituents will be interested to see what is in it. Amendment 1, as tabled by the hon. Members for 8.15 pm Hemel Hempstead (Mike Penning) and for Eddisbury I shall conclude my remarks, because I know that (Mr. O’Brien), would prevent the prohibition of tobacco others wish to speak, but I urge the House not to allow displays. Since clamping down on advertising and yet another triumph for the nanny state and for intolerance. marketing, the tobacco industry has found other ways I have seen such triumphs time and again since I was to recruit new smokers, including the promotion of elected. If Labour Members want to ban tobacco tobacco at the point of sale. We have seen larger displays, altogether—that seems to have been the basis of their illuminated cabinets, branded clocks and locked towers, argument—they should at least have the courage to which serve no practical purpose, other than promoting come to this House to argue for what they really believe sales. in and face the consequences. They do not do so because Evidence backs our focus on ending tobacco displays, they are scared of public opinion on that issue and as demonstrated by a letter in The Times today in instead come along with weasel tactics in order to try to support of the provisions in the Bill, backed by the stop people from doing something that they do not like. British Lung Foundation, the British Heart Foundation, To be perfectly honest, I have had enough of this nanny Cancer Research UK, the British Medical Association state and I hope that the House will show tonight that it and Asthma UK. It states: has too. “There is strong evidence—backed by the World Health Organisation and other leading medical experts—that these measures Gillian Merron: I have listened closely to the debate will help to stop children smoking.” and know that all hon. Members want to prevent young people from taking up smoking and to support smokers Several hon. Members rose— who want to quit. Clearly there are differing opinions Gillian Merron: I will take some interventions, but about how we best do that, but the case for action, to perhaps it would be helpful if I set out a few more which this Bill gives effect, is compelling. We know that points that I think will help the debate. smoking is the single biggest cause of preventable illness This morning, I received a letter from my counterpart and premature death in England. Smoking kills more in the Irish Government, who wanted to make it clear than 80,000 people each year—that is the equivalent of that the introduction of similar measures on display in wiping out nearly the entire population of Durham, Ireland was successful: no prosecutions have been carried and it is more than the number who die from suicide, out, compliance has been good and there is no evidence alcohol, road traffic accidents, illicit drugs and diabetes of any increase in illicit cigarette sales. In fact, initial combined. Smoking is the primary reason for the gap in results from research on the impact of the Irish legislation life expectancy between rich and poor. The Royal College are striking. They show that since the law came into of Physicians tells us that smoking is positively associated effect in July, public support for tobacco control has with more than 40 diseases, and the list continues to grown from 56 to 68 per cent., far fewer young people grow. We also know that in 2007, nearly 200,000 children recall seeing tobacco packs in shops, and the number of between 11 and 15 were already regular smokers. Some under-age people who thought they could successfully two thirds of current and past smokers say that they buy cigarettes decreased from a third to a quarter. started smoking regularly before they were 18. Point-of-sale advertising directly affects young people’s The measures contained in the Bill are part of the smoking. Studies show that tobacco marketing generates wider fight against smoking. Since 1997, the Government new smokers, that young people are receptive to tobacco have banned tobacco advertising, raised the age of sale advertising and that promotion undermines the efforts to 18 and introduced hard-hitting picture warnings on of those who want to quit. 105 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 106

I appreciate that there has been much debate about Unfortunately, no one realised that that was what the the evidence to justify removing displays, which is why I box contained. It seems like we have had a bit of a day invited all hon. Members to the meeting I held earlier so of things that should have arrived at a certain time not that we could hear from experts what the peer-reviewed doing so. However, the documents are certainly there. evidence shows. I am confident that there is convincing Let me make it clear that retailers will be free to cover publicly available evidence—from Canada and Iceland tobacco products as they see fit, provided that they as well as from Ireland—to justify removing tobacco cover the tobacco they stock. Examples of possible displays. Cancer Research UK, in summarising much of solutions can be seen in the material that I have circulated the relevant publicly available evidence, tells us that to Members. there is clear evidence that “tobacco point of sale has a direct impact on young people’s David Taylor: Was the Minister as shocked as I was smoking” by the deliberate exaggeration of the costs that we and that heard from the Opposition early on in the debate? To “Among established smokers, point of sale does not facilitate put a few doors on displays and flaps on shelves surely brand choice...it stimulates impulse purchases and undermines costs only £100 or £200. We have heard estimates of efforts of smokers to quit.” £10,000 or £1,800. Those figures are designed to frighten newsagents and others. It cannot be true, and I hope Christopher Fraser: The hon. Lady has stated that the that she will lance that particular lie. Government hope that they will deter young people from taking up smoking, the logic being that a young Gillian Merron: I would always rather deal in facts. person will see a tobacco display and as a result will be My hon. Friend is quite right about the reality of costs. encouraged to smoke. If that is the case, why has the The estimate from Canada that we are using is something Department of Health’s recent consultation on this in the order of £450, but that includes fitting and issue ensured that youth smoking and tobacco advertising shipping. I would expect to see British innovation and I are not linked? There is no mention of it. would also expect the solutions, which are completely flexible, to be used first by the larger shops, so that the Gillian Merron: I am surprised that the hon. Gentleman smaller shops will be able to benefit from them. makes that point. Perhaps he will be interested in the tobacco control strategy, which will be published later Lembit Öpik: The Minister says that she has consulted this year. It will make great efforts in this regard. the National Federation of Retail Newsagents. She will The Government strongly believe that we have a know, therefore, that its national president, Suleman responsibility to do everything we can to prevent young Khonat, has said that many international cases show people from becoming addicted to smoking and to that removal has no effect. He also said that it will have support those who quit. However, I understand the a damaging effect on business. Has she considered the concerns that have been expressed about the impact on proposals in amendment 16? It seeks a compromise of a small businesses in particular, which have recognised maximum surface area of 1.5 square metres for the that sales are declining and that they must prepare for a advertising of cigarettes and tobacco products, therefore future where tobacco sales are severely limited. We have overcoming the problem of the power wall while at the been working closely with retail bodies such as the same time respecting the almost insuperable costs that Association of Convenience Stores and the British Retail have been associated with many small newsagents’ shifting Consortium to develop the draft regulations and cost- to the new regulations, which, I stress, none of them effective practical solutions. I have been glad to meet have seen, I have not seen and most Members of this the National Federation of Retail Newsagents and the House have not seen. Association of Convenience Stores, and I have listened to their concerns so that we can work together. Gillian Merron: I have of course considered amendment 16, tabled by the hon. Gentleman, and I hope that he Mr. Slaughter: I thank my hon. Friend for the will not press it to a Division. Display, partial or full, presentation that she arranged at lunchtime where ample constitutes promotion and allowing any display, as evidence was displayed. A number of my hon. Friends permitted by that amendment, would effectively allow attended, but not one Opposition Member did. Their tobacco promotion to continue. protestations about there being no evidence are rather Let me attend to more of the concerns— lukewarm. I found it more persuasive when I visited a constituent of mine, an independent retailer called Mr. Mahesh Patel, yesterday. He says that he welcomes Julie Morgan (Cardiff, North) (Lab) rose— the ban. He does not believe that it is costly and believes that it gives opportunities. As an independent retailer, Mrs. Madeleine Moon (Bridgend) (Lab) rose— he fully supports the fact that the Government are taking these measures. Gillian Merron: I will give way if my hon. Friends give me a moment. Gillian Merron: I thank my hon. Friend’s constituent It has been suggested that removing the display of for his support. This measure provides some opportunities tobacco would impact on business by reducing footfall that we have perhaps not heard much about. trade—that is, the sale of other items to customers who The regulations are flexible and light touch rather come to buy cigarettes. By definition, by the time that a than proscriptive. Perhaps I can reassure colleagues. customer is in the shop their foot has already fallen. Of Indeed, something did go amiss and a box of the course, the provisions in the Bill will apply equally to all consultation documents is sitting in the Vote Office. tobacco retailers. 107 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 108

Julie Morgan: I was able to visit Ireland with Action I would also like to make a technical point about the on Smoking and Health just before the new law was wording of new clause 4, which appears to have been introduced there. Does my hon. Friend agree that it has lifted directly from the Licensing Act 2003, and speaks been introduced in a pain-free way, that most of the of members of clubs and tobacco consumption “on costs have been paid by the tobacco manufacturers and relevant premises”. We know that smoking inside premises that businesses have not suffered? open to the public, including members’ clubs, is no longer permitted under smoke-free legislation, so the Gillian Merron: I agree with my hon. Friend and wording will not work for the purpose for which it is thank her for making that point. intended. Mrs. Moon: I attended a meeting with the Porthcawl Purchasing tobacco with intent to supply young people cancer research campaign. The group gave me a petition is only one small part of a wider, more complex problem. collected from across the town, which said very strongly Children are given cigarettes that have not been specifically that people wanted the removal of tobacco advertising purchased for them, they pass them on to one another displays from our shops. It felt very strongly—it consisted at school, and they get them from vending machines. of a group of smokers, ex-smokers and non-smokers—that Our new tobacco control strategy will set out our plans the temptation was there, especially for young people, on how we will tackle this complex problem. I can and that is something that we must remove. assure hon. Members that if it becomes clear that legislation would prove to be beneficial, I would indeed Gillian Merron: I am grateful for my hon. Friend’s seek to make the case. support on that point. We are particularly aware of the way in which the Sandra Gidley: Is the Minister saying that the economic climate has affected small business, which is Government’s legislation on alcohol proxy sales is why we will not commence this legislation until 2011 for ineffective? Perhaps she could tell us how many prosecutions larger stores, and 2013 for smaller shops. We understand, there have been, to explain why, if it is such a failure, too, that smaller convenience stores replace their tobacco they cannot introduce similar mechanisms for tobacco? gantries every five years or so, and thus for many of Gillian Merron: As I have said, the has them changes could be made in the normal cycle. I want acknowledged that the legislation has not been as easy to reassure the House, however, that we will keep to enforce as it would like. implementation under close review, and we will monitor levels of compliance and the effect of the policy. Mike Penning: The principle is exactly the same, and We are working hard to support the convenience an identical piece of legislation has been proposed this store sector, recognising that local shops are at the heart evening. The 2003 Act is working, particularly in of our communities and can support our public health Cambridge, to which I alluded earlier. Where there is aims. For example, the “Change 4 Life” scheme, which the will—people actually want to do it—it can be done. brings fresh fruit and vegetables to the fore in the most Running away from the fact that this is going on is not disadvantaged communities, has been so successful that the answer. some shops have chosen to fund themselves to join in. There is an opportunity for retailers to become an Gillian Merron: We are not running away—we are active part of a movement for better health, and I saying that we are going to do better. I want to assure therefore urge the hon. Member for Montgomeryshire hon. Members that I very much understand the problem (Lembit Öpik) not to press his amendment. at hand. I urge them not to press their new clauses, and I look forward to the new tobacco control strategy, New clauses 1 and 4 deal with proxy purchasing. We which will be far more comprehensive. all agree that reducing children’s access to tobacco is a priority, and I very much appreciate the intent behind The provisions in the Bill seek to restrict or ban the new clauses. However, creating an offence for proxy tobacco vending machines. The question before the purchasing of tobacco would be difficult to implement House is how far it wants to go and how fast. These are and enforce. The new clauses would require proof of finely balanced considerations which reflect the strength intent at the point of purchase, and proof of a young of feeling on this issue. To clarify, amendments 2 and person asking an adult to buy tobacco on their behalf. 9 would compel the national authorities of England, Wales and Northern Ireland to make regulations on 8.30 pm vending machines under clauses 22 and 23. It is not possible to accept amendments 2 and 9, which would Sandra Gidley rose— change the wording from “may” to “shall”, as the word “shall” would place a legal obligation on the appropriate Gillian Merron: Will the hon. Lady allow me to make national authority to regulate. The adoption of regulations the case? would be subject to parliamentary approval. If Parliament That evidence would be needed to secure a conviction. or the relevant Assembly refused to approve any regulations While there has been a proxy purchasing offence for that were laid, the appropriate national authority would alcohol since November 2005, it is a difficult offence to be faced with a continuing obligation to try and make prove, and the Home Office accepts that it is not being regulations, knowing that Parliament is unlikely to approve enforced as rigorously as we would like. I would also them. That would create legal uncertainty and the prospect hesitate to place a new requirement on local authorities of continuing legal challenge for not having made that would require them to observe shops and customers regulations. without significant benefits being achieved. Better Amendments 4 and 10, too, would create legal enforcement of existing legislation is likely to be more uncertainty, as the circumstances in which the powers effective than adding another offence that is difficult to could be used in those amendments are unclear. enforce. Amendments 17 and 18 seek to restrict the location of 109 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 110 vending machines to areas used by over-18s. In practice, Arbuthnot, rh Mr. James Hayes, Mr. John matters are not so straightforward, as places that are for Atkinson, Mr. Peter Heath, Mr. David over-18s in the evening may be open to young people Baldry, Tony Heathcoat-Amory, rh during the day. The remaining amendments tabled by Barker, Gregory Mr. David my right hon. Friend the Member for Makerfield Barrett, John Hemming, John (Mr. McCartney) and by the hon. Member for Colchester Bellingham, Mr. Henry Hendry, Charles Benyon, Mr. Richard Hoban, Mr. Mark (Bob Russell) would seek an outright ban on vending Beresford, Sir Paul Holloway, Mr. Adam machines in England, Wales and Northern Ireland. The Binley, Mr. Brian Holmes, Paul Government remain seriously concerned about young Blunt, Mr. Crispin Howard, rh Mr. Michael people accessing tobacco from vending machines. Currently Bone, Mr. Peter Howarth, David they are the usual source of cigarettes for 10 per cent. of Brady, Mr. Graham Howell, John 11 to 15-year-olds who say they smoke. Brake, Tom Hughes, Simon We have heard a range of arguments about how far Brazier, Mr. Julian Huhne, Chris we should go to control access to vending machines. We Breed, Mr. Colin Hunt, Mr. Jeremy know one thing for sure: the evidence for action is clear. Brokenshire, James Hunter, Mark The Government believe that we can place requirements Brooke, Annette Jack, rh Mr. Michael on vending machines that will be effective, proportionate Browne, Mr. Jeremy Jackson, Mr. Stewart Bruce, rh Malcolm Jenkin, Mr. Bernard and deliverable in preventing under-age sales and balance Burns, Mr. Simon Jones, Mr. David the views of all concerned. However, I ask right hon. Burrowes, Mr. David Kennedy, rh Mr. Charles and hon. Members not to press amendments 2, 4, 9, 10, Burstow, Mr. Paul Knight, rh Mr. Greg 17 and 18. On the remaining amendments, I note that Burt, Alistair Kramer, Susan my right hon. Friend may wish to test the will of the Campbell, rh Sir Menzies Laing, Mrs. Eleanor House. Carswell, Mr. Douglas Lait, Mrs. Jacqui New clause 6, tabled by my right hon. Friend the Cash, Mr. William Lamb, Norman Member for Holborn and St. Pancras (Frank Dobson), Clappison, Mr. James Lancaster, Mr. Mark would compel the Secretary of State to require all Clark, Greg Lansley, Mr. Andrew tobacco companies to release information about their Clarke, rh Mr. Kenneth Laws, Mr. David marketing and research activities. I appreciate the sentiment Clifton-Brown, Mr. Geoffrey Leech, Mr. John Cormack, Sir Patrick Leigh, Mr. Edward behind the amendment, but before the Government Cox, Mr. Geoffrey Letwin, rh Mr. Oliver could implement such a measure, we would need to Crabb, Mr. Stephen Lewis, Dr. Julian consider carefully the burdens placed on business and Curtis-Thomas, Mrs. Claire Liddell-Grainger, Mr. Ian Government alike, confidentiality, proportionality and, Davey, Mr. Edward Lidington, Mr. David most importantly, its effectiveness. On balance, we cannot Davies, Mr. Dai Lilley, rh Mr. Peter accept the amendment, so I ask my right hon. Friend to Davies, David T.C. Llwyd, Mr. Elfyn not to press new clause 6. (Monmouth) Luff, Peter New clause 7 would compel the Secretary of State to Davies, Philip Maclean, rh David consult on the introduction of plain packaging requirements Davis, rh David Main, Anne or restrictions on the branding on packaging. I have Dorrell, rh Mr. Stephen Malins, Mr. Humfrey sympathy with the aims of the amendment. We have Duddridge, James Maude, rh Mr. Francis Ellwood, Mr. Tobias McCrea, Dr. William already stated that the Government will continue to Evans, Mr. Nigel McGovern, Mr. Jim keep tobacco packaging under close review. There is Evennett, Mr. David McIntosh, Miss Anne emerging evidence that branding and design of tobacco Fabricant, Michael McLoughlin, rh Mr. Patrick packaging may increase brand awareness among young Featherstone, Lynne Mercer, Patrick people. The new strategy on tobacco control will consider Field, Mr. Mark Miller, Mrs. Maria a range of options for protecting children and people Foster, Mr. Don Milton, Anne who smoke from misleading or promotional messages Fox, Dr. Liam Mulholland, Greg and packaging, and we will ensure that the evidence, Francois, Mr. Mark Murrison, Dr. Andrew which is still wanting, on plain packaging is further Fraser, Christopher Neill, Robert developed. On that basis, I ask the hon. Member for Gauke, Mr. David Newmark, Mr. Brooks Romsey (Sandra Gidley) not to press new clause 7. Gibb, Mr. Nick O’Brien, Mr. Stephen Gidley, Sandra Öpik, Lembit The Government remain committed to cutting Godsiff, Mr. Roger Ottaway, Richard preventable death and disease from smoking. I sincerely Goldsworthy, Julia Paice, Mr. James hope that the votes tonight will back us up in our Goodman, Mr. Paul Paterson, Mr. Owen efforts. Goodwill, Mr. Robert Pelling, Mr. Andrew Gove, Michael Penning, Mike Mike Penning: We could have done with a lot longer Gray, Mr. James Penrose, John this evening to debate these amendments and new clauses, Grayling, Chris Price, Adam but the crucial thing is that the will of the House is Greening, Justine Prisk, Mr. Mark tested. Greenway, Mr. John Pritchard, Mark Question put, That the clause be read a Second time. Grieve, Mr. Dominic Pugh, Dr. John The House divided: Ayes 193, Noes 279. Gummer, rh Mr. John Randall, Mr. John Division No. 210] [8.37 pm Hague, rh Mr. William Redwood, rh Mr. John Hammond, Stephen Reid, Mr. Alan AYES Hancock, Mr. Mike Rennie, Willie Afriyie, Adam Alexander, Danny Hands, Mr. Greg Robathan, Mr. Andrew Ainsworth, Mr. Peter Ancram, rh Mr. Michael Harper, Mr. Mark Robertson, Hugh Harvey, Nick Robertson, Mr. Laurence 111 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 112

Rosindell, Andrew Turner, Mr. Andrew Flynn, Paul Mackinlay, Andrew Rowen, Paul Vara, Mr. Shailesh Follett, Barbara Mactaggart, Fiona Ruffley, Mr. David Viggers, Sir Peter Foster, Mr. Michael Malik, Mr. Shahid Russell, Bob Villiers, Mrs. Theresa (Worcester) Mallaber, Judy Sanders, Mr. Adrian Walker, Mr. Charles Foster, Michael Jabez Mann, John Scott, Mr. Lee Wallace, Mr. Ben (Hastings and Rye) Marris, Rob Selous, Andrew Webb, Steve Francis, Dr. Hywel Marsden, Mr. Gordon Shapps, Grant Whittingdale, Mr. John Gardiner, Barry Marshall-Andrews, Mr. Simmonds, Mark Widdecombe, rh Miss Ann Gerrard, Mr. Neil Robert Simpson, Alan Wiggin, Bill Gilroy, Linda Martlew, Mr. Eric Smith, Chloe Williams, Hywel Griffith, Nia McAvoy, rh Mr. Thomas Smith, Sir Robert Williams, Mr. Roger Grogan, Mr. John McCafferty, Chris Soames, Mr. Nicholas Williams, Stephen Gwynne, Andrew McCarthy-Fry, Sarah Spelman, Mrs. Caroline Willis, Mr. Phil Hain, rh Mr. Peter McCartney, rh Mr. Ian Streeter, Mr. Gary Willott, Jenny Hall, Mr. Mike McDonagh, Siobhain Stuart, Mr. Graham Wilshire, Mr. David Hamilton, Mr. David McDonnell, John Stunell, Andrew Wilson, Mr. Rob Hanson, rh Mr. David McFadden, rh Mr. Pat Swayne, Mr. Desmond Winterton, Sir Nicholas Harris, Mr. Tom McGovern, Mr. Jim Swinson, Jo Wright, Jeremy Havard, Mr. Dai McGuire, rh Mrs. Anne Swire, Mr. Hugo Yeo, Mr. Tim Healey, rh John McIsaac, Shona Syms, Mr. Robert Young, rh Sir George Henderson, Mr. Doug McKechin, Ann Taylor, Mr. Ian Younger-Ross, Richard Hendrick, Mr. Mark McKenna, Rosemary Taylor, Matthew Tellers for the Ayes: Hepburn, Mr. Stephen McNulty, rh Mr. Tony Teather, Sarah Angela Watkinson and Heppell, Mr. John Meacher, rh Mr. Michael Tredinnick, David Mr. Philip Dunne Hesford, Stephen Meale, Mr. Alan Hewitt, rh Ms Patricia Merron, Gillian Heyes, David Michael, rh Alun NOES Hill, rh Keith Miliband, rh David Ainger, Nick Clark, Paul Hodge, rh Margaret Miller, Andrew Alexander, rh Mr. Douglas Clarke, rh Mr. Charles Hodgson, Mrs. Sharon Moffat, Anne Allen, Mr. Graham Clarke,rhMr.Tom Hoey, Kate Moffatt, Laura Anderson, Mr. David Clwyd, rh Ann Hood, Mr. Jim Mole, Chris Armstrong, rh Hilary Coaker, Mr. Vernon Hoon, rh Mr. Geoffrey Moon, Mrs. Madeleine Atkins, Charlotte Coffey, Ann Hope, Phil Morden, Jessica Austin, Mr. Ian Cohen, Harry Hopkins, Kelvin Morgan, Julie Bailey, Mr. Adrian Connarty, Michael Howarth, rh Mr. George Morley, rh Mr. Elliot Balls, rh Ed Cooper, Rosie Howells, rh Dr. Kim Mudie, Mr. George Banks, Gordon Cooper, rh Yvette Hoyle, Mr. Lindsay Mullin, Mr. Chris Barron, rh Mr. Kevin Corbyn, Jeremy Humble, Mrs. Joan Munn, Meg Battle, rh John Cousins, Jim Iddon, Dr. Brian Murphy, Mr. Denis Bayley, Hugh Crausby, Mr. David Illsley, Mr. Eric Murphy, rh Mr. Paul Beckett, rh Margaret Creagh, Mary Irranca-Davies, Huw Norris, Dan Begg, Miss Anne Cruddas, Jon Jackson, Glenda O’Brien, rh Mr. Mike Benn, rh Hilary Cryer, Mrs. Ann James, Mrs. Siân C. Olner, Mr. Bill Benton, Mr. Joe Cummings, John Jenkins, Mr. Brian Owen, Albert Berry, Roger Cunningham, Mr. Jim Johnson, rh Alan Palmer, Dr. Nick Betts, Mr. Clive Cunningham, Tony Johnson, Ms Diana Pearson, Ian Blackman, Liz David, Mr. Wayne R. Plaskitt, Mr. James Blackman-Woods, Dr. Roberta Davidson, Mr. Ian Jones, Helen Prentice, Mr. Gordon Blizzard, Mr. Bob Davies, Mr. Quentin Jones, Mr. Kevan Primarolo, rh Dawn Blunkett, rh Mr. David Dean, Mrs. Janet Jones, Lynne Prosser, Gwyn Borrow, Mr. David S. Denham, rh Mr. John Jowell, rh Tessa Raynsford, rh Mr. Nick Brennan, Kevin Dhanda, Mr. Parmjit Joyce, Mr. Eric Reed, Mr. Andy Brown, Lyn Dismore, Mr. Andrew Keeble, Ms Sally Reed, Mr. Jamie Brown, rh Mr. Nicholas Dobbin, Jim Keeley, Barbara Riordan, Mrs. Linda Brown, Mr. Russell Dobson, rh Frank Keen, Alan Robertson, John Browne, rh Des Donohoe, Mr. Brian H. Keen, Ann Robinson, Mr. Geoffrey Bryant, Chris Doran, Mr. Frank Kelly, rh Ruth Rooney, Mr. Terry Burden, Richard Drew, Mr. David Kennedy, rh Jane Roy, Lindsay Burgon, Colin Durkan, Mark Khan, rh Mr. Sadiq Ruane, Chris Burnham, rh Andy Eagle, Angela Kidney, Mr. David Russell, Christine Butler, Ms Dawn Eagle, Maria Knight, rh Jim Ryan, rh Joan Byrne, rh Mr. Liam Efford, Clive Kumar, Dr. Ashok Seabeck, Alison Caborn, rh Mr. Richard Ellman, Mrs. Louise Ladyman, Dr. Stephen Sharma, Mr. Virendra Cairns, David Engel, Natascha Lammy, rh Mr. David Shaw, Jonathan Campbell, Mr. Alan Ennis, Jeff Laxton, Mr. Bob Sheerman, Mr. Barry Campbell, Mr. Ronnie Etherington, Bill Lazarowicz, Mark Short, rh Clare Caton, Mr. Martin Farrelly, Paul Levitt, Tom Simon, Mr. Siôn Cawsey, Mr. Ian Field, rh Mr. Frank Linton, Martin Singh, Mr. Marsha Chaytor, Mr. David Fisher, Mark Lloyd, Tony Skinner, Mr. Dennis Clapham, Mr. Michael Flello, Mr. Robert Love, Mr. Andrew Slaughter, Mr. Andy Clark, Ms Katy Flint, rh Caroline Lucas, Ian Smith, rh Mr. Andrew 113 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 114

Smith, Ms Angela C. Turner, Dr. Desmond ‘(1A) The Secretary of State must revise the NHS Constitution (Sheffield, Hillsborough) Turner, Mr. Neil in the light of relevant findings of the Care Quality Commission Smith, rh Angela E. (Basildon) Twigg, Derek or the National Patient Safety Agency.’. Smith, Geraldine Ussher, Kitty Smith, rh Jacqui Vis, Dr. Rudi Mr. Stephen O’Brien: Sadly, because of the Government’s Snelgrove, Anne Walley, Joan raft of new amendments, we are rather pressed for time, Soulsby, Sir Peter Waltho, Lynda so I shall be brief. Southworth, Helen Ward, Claire Spellar, rh Mr. John Watson, Mr. Tom The purpose of amendment 19 is simple: it is to put Spink, Bob Watts, Mr. Dave the core principles of our NHS on to the statute book. Starkey, Dr. Phyllis Whitehead, Dr. Alan As a concession to the Government, we offer them the Stewart, Ian Wicks, rh Malcolm core principles as they have most recently drafted them. Stoate, Dr. Howard Williams, rh Mr. Alan The constitution itself has been not been considered by Straw, rh Mr. Jack Williams, Mrs. Betty Parliament despite the fact that changes to it will be Stringer, Graham Wills, rh Mr. Michael made by regulation, and it has been signed in a private Sutcliffe, Mr. Gerry Wilson, Phil ceremony by a Prime Minister who pledged to return Tami, Mark Winnick, Mr. David power to Parliament. [Interruption.] Taylor, Ms Dari Winterton, rh Ms Rosie Taylor, David Woolas, Mr. Phil Madam Deputy Speaker: Order. Will Members who Taylor, Dr. Richard Wright, Mr. Anthony are staying for this debate please keep the level of their Thomas, Mr. Gareth Wright, David Thornberry, Emily Wright, Mr. Iain conversations down? Timms, rh Mr. Stephen Wright, Dr. Tony Tipping, Paddy Wyatt, Derek Mr. Stephen O’Brien: If the amendment reflects only Todd, Mr. Mark current rights, it cannot create a lawyer’s charter, as the Touhig, rh Mr. Don Tellers for the Noes: Minister will try to suggest. By having its provisions Trickett, Jon Kerry McCarthy and Truswell, Mr. Paul Steve McCabe safely on the statute book, we would leave ourselves no Beano-reading hostages to fortune, as with the European fundamental charter of human rights. It would put our Question accordingly negatived. NHS on an ever-stronger footing. If Labour Members do not follow us through the Aye lobby, that will make a Clause 2 profound point about their opinion of the principles in the constitution, their opinion of the constitution itself, and, by extension, their opinion of and commitment to DUTYTOHAVEREGARDTONHS CONSTITUTION our NHS. Mr. Stephen O’Brien: I beg to move amendment 19, page 2, line 3, at end insert Mr. Mike O’Brien: We are the party that introduced the NHS constitution. We certainly want to ensure that ‘and the core principles of the NHS. it sets out the guiding principles to the NHS, but not to (1A) The core principles of the NHS are that— turn it, as the hon. Member for Eddisbury (Mr. O’Brien) (a) the NHS provides a comprehensive service, available to appears to want to, into exactly what he referred to—a all; “lawyer’s charter”. I use exactly the same phrase as he (b) access to NHS services is based on clinical need, not an did because that is precisely what we need to avoid. It is individual’s ability to pay; supposed to be a declaratory document, not a legal one. (c) the NHS aspires to the highest standards of excellence We need to ensure that the NHS is the area where this and professionalism; decision-making takes place, not the courts. Equally, if (d) NHS services must reflect the needs and preferences of the NHS’s principles were enshrined in primary legislation, patients, their families and their carers; that would rigidify and fix them in a way that meant (e) the NHS works across organisational boundaries and that they could not be adapted as medicine and the in partnership with other organisations in the NHS change. The result would be inflexibility in how interests of patients, local communities and the wider the constitution develops. population; We need to ensure that the NHS can move with the (f) the NHS is committed to providing best value for taxpayers’ money and the most effective, fair and times and adapt when it needs to, and that it has the sustainable use of finite resources; and flexibility to develop its constitution in a way that (g) the NHS is accountable to the public, communities and responds to patients. The hon. Gentleman’s proposal patients it serves.’. would prevent all that and ensure that the courts constantly intervened with detailed legal decisions. Difficult decisions Madam Deputy Speaker (Sylvia Heal): With this it that are currently made within the NHS would instead will be convenient to discuss the following: Amendment 15, have to be referred to the courts by way of judicial page 3, line 6, clause 3, leave out subsection (2) and review again and again. He knows, and I know, that insert— issues related to the NHS can require difficult decisions. If we abrogate those decisions to the courts across the ‘(2) The Secretary of State must undertake a short review of board, we will create substantial difficulties and delays. the NHS Constitution within the first two years of operation and, thereafter, at least once in any period of 10 years the Amendment 15, tabled by the hon. Members for Secretary of State must carry out a full review (a “10 year Romsey (Sandra Gidley) and for Southport (Dr. Pugh), review”).’. would require the Secretary of State to conduct a Amendment 20, page 4, line 9, clause 4, at end review of the NHS constitution within two years of its insert— coming into effect. The constitution will be able to be 115 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 116

[Mr. Mike O’Brien] Question put, That the amendment be made. The House divided: Ayes 190, Noes 285. examined constantly to ensure that it adapts. We will avoid the rigidity that the Conservative Front Benchers Division No. 211] [9 pm want, and we will be able to undertake the type of review that the hon. Member for Romsey wants, but we AYES do not want to fix a review in time. We need to ensure Afriyie, Adam Grayling, Chris that the NHS constitution can be kept under regular Ainsworth, Mr. Peter Green, Damian review—whether in two, three or four years. I therefore Alexander, Danny Greening, Justine hope that she will not press her proposal. Amess, Mr. David Greenway, Mr. John Ancram, rh Mr. Michael Grieve, Mr. Dominic Amendment 20, tabled by the hon. Member for Wyre Arbuthnot, rh Mr. James Gummer, rh Mr. John Forest (Dr. Taylor), would require the NHS constitution Atkinson, Mr. Peter Hague, rh Mr. William to be revised in the light of the findings of the Care Bacon, Mr. Richard Hammond, Mr. Philip Quality Commission and the National Patient Safety Baldry, Tony Hammond, Stephen Agency. Although I commend the hon. Gentleman’s Barker, Gregory Hancock, Mr. Mike intention and sentiment, the provision of high-quality Barrett, John Hands, Mr. Greg care in a safe environment is at the heart of NHS values, Bellingham, Mr. Henry Harper, Mr. Mark and I am sure that we can agree that we want the NHS Benyon, Mr. Richard Harvey, Nick to deliver high-quality care across the board. The good Beresford, Sir Paul Hayes, Mr. John work of the CQC and the NPSA helps to support that, Binley, Mr. Brian Heath, Mr. David and both will continue to play an important role as we Blunt, Mr. Crispin Hemming, John move forward. Bone, Mr. Peter Hendry, Charles Brady, Mr. Graham Hoban, Mr. Mark Brake, Tom Holmes, Paul Dr. Richard Taylor (Wyre Forest) (Ind): I wish just to Brazier, Mr. Julian Howard, rh Mr. Michael point out a deficiency in the NHS constitution. A whole Breed, Mr. Colin Howarth, David set of duties are expressed in section 3b, but the duty to Brokenshire, James Howell, John warn the NHS when something is going wrong, as in Brooke, Annette Hughes, Simon Staffordshire, is not there. The NPSA drew attention Browne, Mr. Jeremy Huhne, Chris last week to the number of errors that have caused Browning, Angela Hunt, Mr. Jeremy death in the NHS. I would like the Secretary of State to Bruce, rh Malcolm Hunter, Mark consider reviewing the constitution very soon and Burns, Mr. Simon Jack, rh Mr. Michael introducing a clause that brings in a duty to warn when Burrowes, Mr. David Jackson, Mr. Stewart things are going wrong, with protection for those blowing Burstow, Mr. Paul Jenkin, Mr. Bernard Burt, Alistair Jones, Mr. David the whistle. Campbell, rh Sir Menzies Kennedy, rh Mr. Charles Carmichael, Mr. Alistair Knight, rh Mr. Greg Mr. Mike O’Brien: We certainly need to ensure that Carswell, Mr. Douglas Kramer, Susan we do not have another Mid Staffordshire hospital Cash, Mr. William Laing, Mrs. Eleanor situation and that the CQC, which has now replaced the Clappison, Mr. James Lait, Mrs. Jacqui Healthcare Commission, can produce reports on individual Clark, Greg Lamb, Norman hospitals, receive references from individuals who feel Clarke, rh Mr. Kenneth Lancaster, Mr. Mark that there are problems in particular trusts and act Clifton-Brown, Mr. Geoffrey Lansley, Mr. Andrew upon those references. I do not believe that we need to Cormack, Sir Patrick Laws, Mr. David Cox, Mr. Geoffrey Leech, Mr. John enshrine that in the constitution, but we do need to Crabb, Mr. Stephen Leigh, Mr. Edward ensure that we can deal with issues such as that at Mid Davey, Mr. Edward Letwin, rh Mr. Oliver Staffordshire quickly. Davies, David T.C. Lewis, Dr. Julian In the Bill, we have ensured that unlike in the past, (Monmouth) Liddell-Grainger, Mr. Ian and unlike what recently happened in Mid Staffordshire, Davies, Philip Lidington, Mr. David when a problem arises Ministers will have the ability to Davis, rh David Lilley, rh Mr. Peter call upon Monitor to de-authorise a foundation trust, Dorrell, rh Mr. Stephen Luff, Peter which will ensure that they can take action. We feel Dorries, Nadine Maclean, rh David some sympathy with the hon. Gentleman’s sentiments, Duddridge, James Main, Anne Evans, Mr. Nigel Malins, Mr. Humfrey but we believe that enshrining the matter in legislation Evennett, Mr. David Maude, rh Mr. Francis in the way that he proposes is unnecessary.The involvement Fabricant, Michael McCrea, Dr. William of the CQC and the NPSA will be important elements Featherstone, Lynne McIntosh, Miss Anne in the process. Field, Mr. Mark McLoughlin, rh Mr. Patrick In determining whether it is necessary to amend the Foster, Mr. Don Mercer, Patrick constitution, we will consider a range of factors, including Fox, Dr. Liam Miller, Mrs. Maria changes in departmental policy or the law. Patient safety Francois, Mr. Mark Milton, Anne and clinical quality are central to everything that the Fraser, Christopher Mulholland, Greg Gauke, Mr. David Murrison, Dr. Andrew NHS does. The rights contained in the constitution Gibb, Mr. Nick Neill, Robert already reflect that. We introduced the constitution and Gidley, Sandra Newmark, Mr. Brooks we want to ensure that it works. We do not want it to Goldsworthy, Julia O’Brien, Mr. Stephen become a lawyer’s charter. We want it to be effective and Goodman, Mr. Paul Öpik, Lembit we want to ensure that the Government are the Goodwill, Mr. Robert Ottaway, Richard Government—and, indeed, the party—that protect and Gove, Michael Paice, Mr. James defend the NHS. Gray, Mr. James Paterson, Mr. Owen 117 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 118

Penning, Mike Syms, Mr. Robert Dobson, rh Frank Keen, Ann Penrose, John Taylor, Mr. Ian Donohoe, Mr. Brian H. Kelly, rh Ruth Prisk, Mr. Mark Taylor, Matthew Doran, Mr. Frank Kemp, Mr. Fraser Pritchard, Mark Teather, Sarah Drew, Mr. David Khan, rh Mr. Sadiq Pugh, Dr. John Tredinnick, David Durkan, Mark Kidney, Mr. David Randall, Mr. John Turner, Mr. Andrew Eagle, Angela Kilfoyle, Mr. Peter Redwood, rh Mr. John Vara, Mr. Shailesh Eagle, Maria Knight, rh Jim Reid, Mr. Alan Viggers, Sir Peter Efford, Clive Kumar, Dr. Ashok Rennie, Willie Villiers, Mrs. Theresa Ellman, Mrs. Louise Ladyman, Dr. Stephen Robathan, Mr. Andrew Walker, Mr. Charles Engel, Natascha Lammy, rh Mr. David Robertson, Hugh Wallace, Mr. Ben Ennis, Jeff Laxton, Mr. Bob Robertson, Mr. Laurence Waterson, Mr. Nigel Etherington, Bill Lazarowicz, Mark Rosindell, Andrew Webb, Steve Farrelly, Paul Levitt, Tom Rowen, Paul Whittingdale, Mr. John Fisher, Mark Linton, Martin Ruffley, Mr. David Widdecombe, rh Miss Ann Flello, Mr. Robert Lloyd, Tony Russell, Bob Wiggin, Bill Flint, rh Caroline Llwyd, Mr. Elfyn Sanders, Mr. Adrian Williams, Mr. Roger Flynn, Paul Love, Mr. Andrew Scott, Mr. Lee Williams, Stephen Follett, Barbara Mackinlay, Andrew Selous, Andrew Willis, Mr. Phil Foster, Mr. Michael Mactaggart, Fiona Shapps, Grant Willott, Jenny (Worcester) Malik, Mr. Shahid Simmonds, Mark Wilshire, Mr. David Foster, Michael Jabez Mallaber, Judy Smith, Chloe Wilson, Mr. Rob (Hastings and Rye) Mann, John Smith, Sir Robert Winterton, Ann Francis, Dr. Hywel Marris, Rob Soames, Mr. Nicholas Winterton, Sir Nicholas Gardiner, Barry Marsden, Mr. Gordon Spelman, Mrs. Caroline Wright, Jeremy Gerrard, Mr. Neil Marshall-Andrews, Mr. Robert Streeter, Mr. Gary Yeo, Mr. Tim Gilroy, Linda Martlew, Mr. Eric Stuart, Mr. Graham Young, rh Sir George Godsiff, Mr. Roger McAvoy, rh Mr. Thomas Stunell, Andrew Younger-Ross, Richard Goodman, Helen McCafferty, Chris Swayne, Mr. Desmond Tellers for the Ayes: Griffith, Nia McCarthy-Fry, Sarah Swinson, Jo Angela Watkinson and Grogan, Mr. John McCartney, rh Mr. Ian Swire, Mr. Hugo Mr. Philip Dunne Gwynne, Andrew McDonagh, Siobhain Hain, rh Mr. Peter McDonnell, John Hall, Mr. Mike McFadden, rh Mr. Pat NOES Hamilton, Mr. David McGovern, Mr. Jim Ainger, Nick Cairns, David Hanson, rh Mr. David McGuire, rh Mrs. Anne Alexander, rh Mr. Douglas Campbell, Mr. Alan Harris, Mr. Tom McIsaac, Shona Allen, Mr. Graham Campbell, Mr. Ronnie Havard, Mr. Dai McKechin, Ann Anderson, Mr. David Caton, Mr. Martin Healey, rh John McKenna, Rosemary Armstrong, rh Hilary Cawsey, Mr. Ian Henderson, Mr. Doug McNulty, rh Mr. Tony Atkins, Charlotte Chaytor, Mr. David Hendrick, Mr. Mark Meale, Mr. Alan Austin, Mr. Ian Clapham, Mr. Michael Hepburn, Mr. Stephen Merron, Gillian Bailey, Mr. Adrian Clark, Ms Katy Heppell, Mr. John Michael, rh Alun Balls, rh Ed Clark, Paul Hesford, Stephen Miller, Andrew Banks, Gordon Clarke, rh Mr. Charles Hewitt, rh Ms Patricia Moffat, Anne Barron, rh Mr. Kevin Clarke,rhMr.Tom Heyes, David Moffatt, Laura Battle, rh John Clelland, Mr. David Hill, rh Keith Mole, Chris Bayley, Hugh Clwyd, rh Ann Hodge, rh Margaret Moon, Mrs. Madeleine Beckett, rh Margaret Coaker, Mr. Vernon Hodgson, Mrs. Sharon Morden, Jessica Begg, Miss Anne Coffey, Ann Hoey, Kate Morgan, Julie Benn, rh Hilary Cohen, Harry Hood, Mr. Jim Morley, rh Mr. Elliot Benton, Mr. Joe Connarty, Michael Hoon, rh Mr. Geoffrey Mudie, Mr. George Berry, Roger Cooper, Rosie Hope, Phil Mullin, Mr. Chris Betts, Mr. Clive Cooper, rh Yvette Hopkins, Kelvin Munn, Meg Blackman, Liz Corbyn, Jeremy Howarth, rh Mr. George Murphy, Mr. Denis Blackman-Woods, Dr. Roberta Cousins, Jim Howells, rh Dr. Kim Murphy, rh Mr. Paul Blizzard, Mr. Bob Crausby, Mr. David Hoyle, Mr. Lindsay Naysmith, Dr. Doug Blunkett, rh Mr. David Creagh, Mary Humble, Mrs. Joan Norris, Dan Borrow, Mr. David S. Cruddas, Jon Iddon, Dr. Brian O’Brien, rh Mr. Mike Bradshaw, rh Mr. Ben Cryer, Mrs. Ann Illsley, Mr. Eric Olner, Mr. Bill Brennan, Kevin Cummings, John Irranca-Davies, Huw Owen, Albert Brown, Lyn Cunningham, Mr. Jim Jackson, Glenda Palmer, Dr. , rh Mr. Nicholas Cunningham, Tony James, Mrs. Siân C. Pearson, Ian Brown, Mr. Russell Curtis-Thomas, Mrs. Claire Jenkins, Mr. Brian Pelling, Mr. Andrew Browne, rh Des David, Mr. Wayne Johnson, rh Alan Plaskitt, Mr. James Bryant, Chris Davidson, Mr. Ian Johnson, Ms Diana R. Prentice, Bridget Buck, Ms Karen Davies, Mr. Dai Jones, Helen Prentice, Mr. Gordon Burden, Richard Davies, Mr. Quentin Jones, Mr. Kevan Primarolo, rh Dawn Burgon, Colin Dean, Mrs. Janet Jones, Lynne Prosser, Gwyn Burnham, rh Andy Denham, rh Mr. John Joyce, Mr. Eric Raynsford, rh Mr. Nick Butler, Ms Dawn Dhanda, Mr. Parmjit Kaufman, rh Sir Gerald Reed, Mr. Andy Byrne, rh Mr. Liam Dismore, Mr. Andrew Keeble, Ms Sally Reed, Mr. Jamie Caborn, rh Mr. Richard Dobbin, Jim Keeley, Barbara Riordan, Mrs. Linda 119 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 120

Robertson, John Thomas, Mr. Gareth Amendment 27, page 23, line 2, leave out ‘10A’ and Robinson, Mr. Geoffrey Thornberry, Emily insert ‘8A’. Rooney, Mr. Terry Timms, rh Mr. Stephen Roy, Lindsay Tipping, Paddy Amendment 28, page 23, line 3, after ‘section’, insert Ruane, Chris Todd, Mr. Mark ‘52D(1) or’. Russell, Christine Touhig, rh Mr. Don Amendment 29, page 23, line 12, after ‘section’, insert Ryan, rh Joan Trickett, Jon ‘52D(1) or’.—(Mary Creagh.) Seabeck, Alison Truswell, Mr. Paul Amendment proposed: 1, page 23, line 31, leave out Sharma, Mr. Virendra Turner, Dr. Desmond Clause 21.—(Mike Penning.) Shaw, Jonathan Turner, Mr. Neil Simon, Mr. Siôn Twigg, Derek Question put, That the amendment be made. Simpson, Alan Ussher, Kitty The House divided: Ayes 180, Noes 288. Singh, Mr. Marsha Vis, Dr. Rudi Skinner, Mr. Dennis Walley, Joan Division No. 212] [9.13 pm Slaughter, Mr. Andy Waltho, Lynda Smith, rh Mr. Andrew Ward, Claire AYES Smith, Ms Angela C. Watson, Mr. Tom Afriyie, Adam Francois, Mr. Mark (Sheffield, Hillsborough) Watts, Mr. Dave Ainsworth, Mr. Peter Fraser, Christopher Smith, rh Angela E. (Basildon) Whitehead, Dr. Alan Alexander, Danny Gauke, Mr. David Smith, Geraldine Wicks, rh Malcolm Amess, Mr. David George, Andrew Smith, rh Jacqui Williams, rh Mr. Alan Ancram, rh Mr. Michael Gibb, Mr. Nick Snelgrove, Anne Williams, Mrs. Betty Arbuthnot, rh Mr. James Gidley, Sandra Soulsby, Sir Peter Williams, Hywel Atkinson, Mr. Peter Godsiff, Mr. Roger Southworth, Helen Wills, rh Mr. Michael Bacon, Mr. Richard Goldsworthy, Julia Spellar, rh Mr. John Wilson, Phil Baldry, Tony Goodman, Mr. Paul Spink, Bob Winnick, Mr. David Barker, Gregory Goodwill, Mr. Robert Starkey, Dr. Phyllis Winterton, rh Ms Rosie Barrett, John Gove, Michael Stewart, Ian Wright, Mr. Anthony Bellingham, Mr. Henry Gray, Mr. James Stoate, Dr. Howard Wright, David Benyon, Mr. Richard Green, Damian Straw, rh Mr. Jack Wright, Mr. Iain Beresford, Sir Paul Greening, Justine Stringer, Graham Wright, Dr. Tony Binley, Mr. Brian Greenway, Mr. John Sutcliffe, Mr. Gerry Wyatt, Derek Blunt, Mr. Crispin Grieve, Mr. Dominic Tami, Mark Bone, Mr. Peter Gummer, rh Mr. John Taylor, Ms Dari Tellers for the Noes: Brady, Mr. Graham Hague, rh Mr. William Taylor, David Steve McCabe and Brake, Tom Hammond, Mr. Philip Taylor, Dr. Richard Kerry McCarthy Brazier, Mr. Julian Hammond, Stephen Breed, Mr. Colin Hancock, Mr. Mike Question accordingly negatived. Brokenshire, James Hands, Mr. Greg Browne, Mr. Jeremy Harper, Mr. Mark The Deputy Speaker then put forthwith the Questions Browning, Angela Harris, Mr. Tom necessary for the disposal of the business to be concluded Bruce, rh Malcolm Harvey, Nick at that time (Standing Order No. 83E). Burns, Mr. Simon Hayes, Mr. John Burrowes, Mr. David Heath, Mr. David Burt, Alistair Heathcoat-Amory, rh Clause 15 Campbell, rh Sir Menzies Mr. David Carmichael, Mr. Alistair Hemming, John TRUST SPECIAL ADMINISTRATORS: NHS TRUSTS AND Carswell, Mr. Douglas Hendry, Charles NHS FOUNDATION TRUSTS Cash, Mr. William Hoban, Mr. Mark Amendments made: 21, page 13 leave out lines 20 Chope, Mr. Christopher Hoey, Kate and 21 and insert— Clappison, Mr. James Howard, rh Mr. Michael Clarke, rh Mr. Kenneth Howell, John ‘(5) Schedule 8A makes further provision about trusts in Clifton-Brown, Mr. Geoffrey Hughes, Simon respect of which an order is made under subsection (1).’. Cormack, Sir Patrick Huhne, Chris Amendment 22, in page 17, line 15, leave out Cox, Mr. Geoffrey Hunt, Mr. Jeremy Clause 16.—(Mary Creagh.) Crabb, Mr. Stephen Hunter, Mark Davey, Mr. Edward Jack, rh Mr. Michael Davies, Mr. Dai Jackson, Mr. Stewart Clause 18 Davies, David T.C. Jenkin, Mr. Bernard (Monmouth) Jones, Mr. David TRUST SPECIAL ADMINISTRATORS: CONSEQUENTIAL Davies, Philip Kennedy, rh Mr. Charles AMENDMENTS Davis, rh David Knight, rh Mr. Greg Amendments made: 23, page 22, line 25, leave out Dorrell, rh Mr. Stephen Kramer, Susan ‘Chapter 5A does’ and insert Dorries, Nadine Laing, Mrs. Eleanor Duddridge, James Lait, Mrs. Jacqui ‘sections 52B to 52E and Chapter 5A do’. Evans, Mr. Nigel Lamb, Norman Amendment 24, page 22, line 36, at end insert— Evennett, Mr. David Lancaster, Mr. Mark ‘“( ) section 52D(1) or (7) or 52E(6),’. Fabricant, Michael Lansley, Mr. Andrew Featherstone, Lynne Laws, Mr. David Amendment 25, page 22, line 37, leave out ‘or (4)’ and Field, rh Mr. Frank Leech, Mr. John insert ‘,(4) or (5)’. Field, Mr. Mark Letwin, rh Mr. Oliver Amendment 26, in page 22, line 39, at end insert Foster, Mr. Don Lewis, Dr. Julian ‘52D(1), 52E(6),’. Fox, Dr. Liam Liddell-Grainger, Mr. Ian 121 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 122

Lidington, Mr. David Shapps, Grant Cummings, John Johnson, Ms Diana R. Lilley, rh Mr. Peter Simmonds, Mark Cunningham, Mr. Jim Jones, Helen Luff, Peter Smith, Chloe Cunningham, Tony Jones, Mr. Kevan Maclean, rh David Smith, Sir Robert Curtis-Thomas, Mrs. Claire Jones, Lynne Main, Anne Soames, Mr. Nicholas David, Mr. Wayne Jowell, rh Tessa Malins, Mr. Humfrey Streeter, Mr. Gary Davidson, Mr. Ian Joyce, Mr. Eric Maude, rh Mr. Francis Stuart, Mr. Graham Davies, Mr. Quentin Kaufman, rh Sir Gerald McLoughlin, rh Mr. Patrick Stunell, Andrew Dean, Mrs. Janet Keeble, Ms Sally Mercer, Patrick Swayne, Mr. Desmond Denham, rh Mr. John Keeley, Barbara Miller, Mrs. Maria Swinson, Jo Dhanda, Mr. Parmjit Keen, Ann Milton, Anne Swire, Mr. Hugo Dismore, Mr. Andrew Kelly, rh Ruth Mulholland, Greg Syms, Mr. Robert Dobbin, Jim Kemp, Mr. Fraser Murrison, Dr. Andrew Taylor, Mr. Ian Dobson, rh Frank Khan, rh Mr. Sadiq Newmark, Mr. Brooks Taylor, Matthew Donohoe, Mr. Brian H. Kidney, Mr. David O’Brien, Mr. Stephen Teather, Sarah Doran, Mr. Frank Kilfoyle, Mr. Peter Öpik, Lembit Tredinnick, David Drew, Mr. David Knight, rh Jim Ottaway, Richard Turner, Mr. Andrew Durkan, Mark Kumar, Dr. Ashok Paice, Mr. James Vara, Mr. Shailesh Eagle, Angela Ladyman, Dr. Stephen Paterson, Mr. Owen Viggers, Sir Peter Eagle, Maria Lammy, rh Mr. David Penning, Mike Villiers, Mrs. Theresa Efford, Clive Laxton, Mr. Bob Penrose, John Walker, Mr. Charles Ellman, Mrs. Louise Lazarowicz, , Mr. Mark Wallace, Mr. Ben Engel, Natascha Levitt, Tom Pritchard, Mark Waterson, Mr. Nigel Ennis, Jeff Linton, Martin Pugh, Dr. John Webb, Steve Etherington, Bill Lloyd, Tony Randall, Mr. , Mr. John Farrelly, Paul Llwyd, Mr. Elfyn Redwood, rh Mr. John Widdecombe, rh Miss Ann Fisher, Mark Love, Mr. Andrew Reid, Mr. Alan Wiggin, Bill Flello, Mr. Robert Mackinlay, Andrew Rennie, Willie Williams, Mr. Roger Flint, rh Caroline Mactaggart, Fiona Robathan, Mr. Andrew Wilshire, Mr. David Flynn, Paul Malik, Mr. Shahid Robertson, Hugh Winterton, Ann Follett, Barbara Mallaber, Judy Foster, Mr. Michael Mann, John Robertson, Mr. Laurence Winterton, Sir Nicholas Rogerson, Dan (Worcester) Marris, Rob Wright, Jeremy Rosindell, Andrew Foster, Michael Jabez Marsden, Mr. Gordon Younger-Ross, Richard Rowen, Paul (Hastings and Rye) Marshall-Andrews, Mr. Robert Ruffley, Mr. David Tellers for the Ayes: Francis, Dr. Hywel Martlew, Mr. Eric Sanders, Mr. Adrian Angela Watkinson and Gardiner, Barry McAvoy, rh Mr. Thomas Scott, Mr. Lee Mr. Philip Dunne Gerrard, Mr. Neil McCafferty, Chris Gilroy, Linda McCarthy-Fry, Sarah NOES Goodman, Helen McCartney, rh Mr. Ian Griffith, Nia McCrea, Dr. William Ainger, Nick Burden, Richard Grogan, Mr. John McDonnell, John Alexander, rh Mr. Douglas Burgon, Colin Gwynne, Andrew McFadden, rh Mr. Pat Allen, Mr. Graham Burnham, rh Andy Hain, rh Mr. Peter McGuire, rh Mrs. Anne Anderson, Mr. David Butler, Ms Dawn Hall, Mr. Mike McIsaac, Shona Armstrong, rh Hilary Byrne, rh Mr. Liam Hamilton, Mr. David McKechin, Ann Atkins, Charlotte Caborn, rh Mr. Richard Hanson, rh Mr. David McKenna, Rosemary Austin, Mr. Ian Cairns, David Havard, Mr. Dai McNulty, rh Mr. Tony Bailey, Mr. Adrian Campbell, Mr. Alan Healey, rh John Meacher, rh Mr. , rh Ed Campbell, Mr. Ronnie Henderson, Mr. Doug Meale, Mr. Alan Banks, Gordon Caton, Mr. Martin Hendrick, Mr. Mark Merron, Gillian Barron, rh Mr. Kevin Cawsey, Mr. Ian Hepburn, Mr. Stephen Michael, rh Alun Battle, rh John Chaytor, Mr. David Heppell, Mr. John Miliband, rh David Bayley, Hugh Clapham, Mr. Michael Hesford, Stephen Miller, Andrew Beckett, rh Margaret Clark, Greg Hewitt, rh Ms Patricia Moffat, Anne Begg, Miss Anne Clark, Ms Katy Heyes, David Moffatt, Laura Benn, rh Hilary Clark, Paul Hill, rh Keith Mole, Chris Benton, Mr. Joe Clarke, rh Mr. Charles Hodge, rh Margaret Moon, Mrs. Madeleine Berry, Roger Clarke,rhMr.Tom Hodgson, Mrs. Sharon Morden, Jessica Betts, Mr. Clive Clelland, Mr. David Hood, Mr. Jim Morgan, Julie Blackman, Liz Clwyd, rh Ann Hoon, rh Mr. Geoffrey Morley, rh Mr. Elliot Blackman-Woods, Dr. Roberta Coaker, Mr. Vernon Hope, Phil Mudie, Mr. George Blizzard, Mr. Bob Coffey, Ann Hopkins, Kelvin Mullin, Mr. Chris Blunkett, rh Mr. David Cohen, Harry Howarth, rh Mr. George Munn, Meg Borrow, Mr. David S. Connarty, Michael Howells, rh Dr. Kim Murphy, Mr. Denis Bradshaw, rh Mr. Ben Cooper, Rosie Humble, Mrs. Joan Murphy, rh Mr. Paul Brennan, Kevin Cooper, rh Yvette Iddon, Dr. Brian Naysmith, Dr. Doug Brown, Lyn Corbyn, Jeremy Illsley, Mr. Eric Norris, Dan Brown, rh Mr. Nicholas Cousins, Jim Irranca-Davies, Huw O’Brien, rh Mr. Mike Brown, Mr. Russell Crausby, Mr. David Jackson, Glenda Olner, Mr. Bill Browne, rh Des Creagh, Mary James, Mrs. Siân C. Owen, Albert Bryant, Chris Cruddas, Jon Jenkins, Mr. Brian Palmer, Dr. Nick Buck, Ms Karen Cryer, Mrs. Ann Johnson, rh Alan Pearson, Ian 123 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 124

Pelling, Mr. Andrew Stringer, Graham Schedule 2 Plaskitt, Mr. James Sutcliffe, Mr. Gerry Pound, Stephen Tami, Mark DE-AUTHORISED NHS FOUNDATION TRUSTS Prentice, Bridget Taylor, Ms Dari Prentice, Mr. Gordon Taylor, David Amendments made: 30, page 39, line 24, leave out ‘10’ Price, Adam Taylor, Dr. Richard and insert ‘8’. Primarolo, rh Dawn Thomas, Mr. Gareth Amendment 31, page 39, line 25, leave out ‘10A’ and Prosser, Gwyn Thornberry, Emily insert ‘8A’. Raynsford, rh Mr. Nick Timms, rh Mr. Stephen Amendment 32, page 39, leave out lines 28 to 31 and Reed, Mr. Andy Tipping, Paddy Reed, Mr. Jamie Todd, Mr. Mark insert— Riordan, Mrs. Linda Touhig, rh Mr. Don ‘(1) This Schedule applies to a body which is an NHS trust by Robertson, John Trickett, Jon virtue of an order made under section 52D(1) or 65E(1) (a Robinson, Mr. Geoffrey Truswell, Mr. Paul “de-authorisation order”).’. Rooney, Mr. Terry Turner, Dr. Desmond Amendment 33, page 40, line 7, at beginning insert— Roy, Lindsay Turner, Mr. Neil ‘() This paragraph is subject to any provision made under Ruane, Chris Twigg, Derek Russell, Bob section 52D(4) or (7) or 65L(4) or (5).’. Ussher, Kitty Russell, Christine Vis, Dr. Rudi Amendment 34, page 40, line 11, leave out ‘order Ryan, rh Joan Walley, Joan under section 65E(1)’ and insert ‘de-authorisation order’. Seabeck, Alison Waltho, Lynda Amendment 35, page 40, line 17, at beginning insert— Sharma, Mr. Virendra Shaw, Jonathan Ward, Claire ‘() This paragraph applies only to a body which is an NHS Sheerman, Mr. Barry Watson, Mr. Tom trust by virtue of an order made under section 65E(1), and is Simon, Mr. Siôn Watts, Mr. Dave subject to any provision made under section 65L(4).’. Simpson, Alan Whitehead, Dr. Alan Amendment 36, page 40, line 20, leave out ‘order Singh, Mr. Marsha Wicks, rh Malcolm under section 65E(1)’ and insert ‘de-authorisation order’. Skinner, Mr. Dennis Williams, rh Mr. Alan Slaughter, Mr. Andy Williams, Mrs. Betty Amendment 37, in page 40, line 36 [Schedule 2], leave Smith, rh Mr. Andrew Williams, Hywel out ‘order under section 65E(1)’and insert ‘de-authorisation Smith, Ms Angela C. Williams, Stephen order’.—(Mary Creagh..) (Sheffield, Hillsborough) Wills, rh Mr. Michael Smith, rh Angela E. (Basildon) Wilson, Phil Schedule 6 Smith, Geraldine Winnick, Mr. David Smith, rh Jacqui Winterton, rh Ms Rosie Snelgrove, Anne Wright, David REPEALS AND REVOCATIONS Soulsby, Sir Peter Wright, Mr. Iain Amendment made: 39, page 68, line 18 , column 2, at Southworth, Helen Wright, Dr. Tony end insert— Spellar, rh Mr. John Wyatt, Derek Spink, Bob Young, rh Sir George ‘Section 180(2)(c).’ Starkey, Dr. Phyllis Stewart, Ian Tellers for the Noes: .—(Gillian Merron.) Stoate, Dr. Howard Steve McCabe and Question agreed to. Straw, rh Mr. Jack Kerry McCarthy Lembit Öpik: On a point of order, Madam Deputy Question accordingly negatived. Speaker. I have waited until now to draw your attention to the fact that there was no call for a vote on my amendment—amendment 16—and, indeed, I was not Clause 22 called to speak to it. I seek your guidance on whether there is anything I can do to raise my concerns, given that the amendment represented the only compromise POWER TO PROHIBIT OR RESTRICT SALES FROM VENDING option on the table in terms of the display of cigarettes. MACHINES I do not seek to challenge your authority, Madam Amendment proposed: 5, page 26, line 4, leave out Deputy Speaker, but I know that this decision was ‘or imposing requirements in relation to’.—(Mr. McCartney.) worth hundreds of millions of pounds to the newsagents. Question put, That the amendment be made. I am in your hands when I ask whether there is any step A Division was called off. that I can take to ensure that the matter is reviewed.

Madam Deputy Speaker: Division off. Madam Deputy Speaker: I understand the hon. Gentleman’s concern, but he will not be surprised when Question agreed to. I say that there is nothing I can do to assist him at this stage in the proceedings. Third Reading Clause 38 Motion made, and Question proposed, That the Bill be now read the Third time.—(Mary Creagh.) COMMENCEMENT Amendment made: 38, page 35, line 30, at end insert— 9.30 pm ‘( ) section [Payments in respect of costs of optical Mr. Lansley: Happily, the Secretary of State is now appliances];’—(Mary Creagh.) present for the debate on Third Reading—[Interruption.] 125 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 126

Madam Deputy Speaker: Order. Will Members who social care three and a half years ago, we have now do not wish to stay for the debate please leave the arrived at the point of their having come round to that Chamber as quickly and quietly as possible? way of thinking. I am also pleased that the Government have legislated Mr. Lansley: Thank you, Madam Deputy Speaker. for the investigation of complaints about privately arranged or funded adult social care. I just hope that when Notwithstanding the recent debates on tobacco, at Ministers come to reply to this short debate, they will the heart of the Bill was the intention that incorporating say that they will be able to make progress in the next the NHS constitution and measures relating to quality few months on incorporating that. A lot of people and innovation in the Bill should drive forward an whose social care is arranged privately will continue to improvement in the quality of health care for the people be without that protection unless there is fast progress. of this country. We made it clear to Ministers from the outset—my right hon. Friend the Leader of the Opposition It was also important for the House to have an and I had made it clear for a considerable time—that we opportunity to look at the issues relating to tobacco, wanted an NHS constitution, and believed in the although I may not agree with all the conclusions that it importance of incorporating the principles of that reached. The amendment of the right hon. Member for constitution and making clearer to the public the nature Makerfield (Mr. McCartney) has been passed, doubtless of their rights and entitlements and, indeed, the obligations with discussions between him and the Government they should have. Front-Bench team, but there is a question that I need to ask if he does not: what is their intention in relation to I am pleased that the Bill has enabled the NHS these regulations? Our view is that to make regulations constitution to be referred to in legislation, but that would ban all vending machines would be unfortunately, in these latter stages, Ministers have chosen disproportionate, but the Government seem to have not to incorporate its core principles directly in the acquiesced and voted for this power, so is it their legislation. I must confess that I find it astonishing that intention to use such a power, or not? We shall see; the Minister of State should have thought that expressing perhaps Ministers will tell us. the core principles in legislation would, of itself, lead to litigation about those core principles, given that in any Finally, I am disappointed at this late stage in what case the purpose of the NHS constitution is that every the Government have demonstrated in their reaction in NHS body—or those contracted to provide services for the past two months to the Mid Staffs situation. We the NHS—should have regard to those principles. If the debated that earlier so I will not return to all the issues, Minister is suggesting that by leaving them out of the but I am afraid that their inclusion of the de-authorisation Bill, he leaves them out of the legal duties placed on provisions is a further indication that they have given up NHS bodies and those NHS contractors, I am afraid on the reform process they were pursuing a few years that that simply serves to undermine his own argument. ago. According to former Prime Minister Tony Blair, foundation trusts were integral to that reform process, As we know, the core principles of the NHS were yet Ministers have not only stalled on the process of stated by Ministers in the NHS plan in 2000. As Minister creating foundation trusts but are now actively seeking of State, the Secretary of State launched a consultation to de-authorise them and are looking for opportunities on the subject, and arbitrarily changed what he regarded to do so. We know that they have abandoned “any as core principles. Perhaps he intends to change them willing provider” as a basis for introducing competition once again. As I recall, when he introduced them he left into the provision of NHS services, and we know that out the principle that resources provided for the NHS measures to do with patient choice and practice-based should be used solely for the benefit of NHS patients. commissioning have also been stalled, so some measures I am afraid that the Bill does not drive forward that would best deliver improved quality in the NHS reform and does not drive forward quality. We did not through reform processes in the service have been discuss this evening, but at an earlier stage, the obligation undermined by decisions that are now being taken by to produce quality accounts. I have to hand the quality the Government. report produced by the Wrightington, Wigan and Leigh Therefore, this Bill is not a flagship for reform; rather, NHS Foundation Trust, which is the Secretary of State’s it is a portmanteau Bill. It contains measures that we local hospital. As a result of it, he will know perfectly welcome, and others that will be good or bad depending well that nothing prevents a requirement from being on how they are used, such as pharmaceutical needs placed on hospital trusts, or prevents him from providing assessments; but it will not, in itself, achieve a substantial for such an obligation on primary care trusts, without it shift forward in quality, innovation and performance having to be written into legislation. We also learn that across the NHS, because it is no more than a collection the publication of quality accounts will essentially be a of modest changes. To that extent, although there are self-justificatory exercise on the part of NHS bodies; measures that the Government have included in the they will choose what constitutes quality when they Bill—not least today—to which we object, we will not present them. resist it at this stage. However, I encourage those who However, I do not want to be anything other than have yet to consider it in another place to look very generous in approach at this late stage in the consideration hard and critically, not least at the de-authorisation of of the Bill. It contains necessary and helpful measures, NHS foundation trusts. such as the incorporation of the NHS constitution, but May I conclude by thanking my colleagues my hon. we know that we will have to go further in future. The Friends the Members for Eddisbury (Mr. O’Brien) and incorporation of direct payments into legislation is a for Hemel Hempstead (Mike Penning), who have done good thing as well. I am delighted that, whereas the all the heavy lifting in relation to this debate? As today’s Government resisted our view that direct payments debate has served to illustrate, they have done so should be able to be extended to incorporate health and magnificently. 127 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 128

9.39 pm to promote tobacco. That loophole, which has existed since that legislation was put through, has been closed Sandra Gidley: This is a bit of a mish-mash Bill, by tonight’s decisions. I say that because of the evidence containing a lot of fairly worthy things. Most of today’s I have in front of me, which includes a quote from Geoff discussion has been about tobacco, but we also heard Good, the global brand director of Imperial Tobacco, detailed discussion of the NHS constitution and direct concerning the limited edition Lambert & Butler celebration payments. I shall be particularly interested in the results packs, which increased sales by £60 million. He said of the pilots on that when they emerge, because this that represents an interesting way forward in respect of people taking more control over their own health care. “the pack design was the only part of the mix that was changed, We also looked into things such as quality accounts, and therefore we knew the cause and effect”. innovation and the provision of pharmaceutical services. Packs have been used to promote tobacco since the What was fairly obvious throughout was that a mish-mash advertising ban came in. of things had been thrown together and there was no The Benson & Hedges Silver slide—the neat package coherent sense of direction in the Bill. that slides open as opposed to flipping open at the top, The big disappointment was the Government’s timidity, for example—was described as follows: in some respects, on the tobacco legislation. An attempt “Slide is all about packaging”. was made to produce something simple that people It could instinctively understand, but the solid evidence “appeals to young adult smokers and research shows they will base remains relatively poor. An opportunity to be buy into innovations such as unique packs”. bolder and to deal with the smuggling of, and proxy sales of, tobacco products and all the other things that The Benson and Hedges Silver slide pack increased constitute the problem we face was missed. However, we market share by 57.5 per cent.—that is worth about are where we are and some welcome moves have been £120 million—within 18 months of its introduction. A made. Gallaher spokesman stated that I wish to thank my hon. Friend the Member for “marketing restrictions make the pack the hero”. Southport (Dr. Pugh) for his support during the long It is clear that that has been the case for many years. hours in Committee and to thank the Clerks and the If this legislation is brought in, packs will be brought Department of Health officials, who were also very from outside covers, they will be taken around and helpful. My one criticism is not of any particular individual people will have them in their pocket, but they will not involved with the Bill; it is of the procedures of the be seen when people go into a tobacco retailer. The test House, which meant that although the Government will be whether the holograms and everything else that amendments had been tabled for some time, we did not attract young people in particular disappear from these see the wording on the amendment paper until Friday. packs in a few years’ time. That was because of the recess, throughout which amendments are not published, and we need to change Philip Davies: The Chairman of the Select Committee that situation. The procedures resulted in a lot of last-minute said that that change increased that tobacco company’s activity in trying to understand the amendments. I market share. Does he agree that there is a world of particularly wish to thank my researcher, Joe Moran, difference between increasing sales of tobacco in general who gave up much of his weekend to have a look at and a company’s increasing its market share? Surely some of this material and prepare my briefing notes. that is a perfectly legitimate thing for it to seek to do? Often our researchers do not get mentioned, and the fact that he did a lot of this work in his own time is very Mr. Barron: For years, the tobacco industry has been much appreciated. saying that advertising is all about market share and that has not been true. In this case, it is, but it was not 9.42 pm true when there was general advertising of tobacco Mr. Barron: I shall not detain the House for too long; products in this country. It was a case for the defence I rise just to support the Third Reading of the Bill. and it was a very weak one. Since we brought a general Opposition Members have said that it is something of advertising ban into this country there has been decrease an omnibus Bill, but I wish to comment on the small in smoking, which I think is directly related to the fact parts relating to tobacco. When the Bill has passed that the companies cannot promote tobacco. The fact through all its stages, it will finish off some of this that this means of promoting tobacco when one walks House’s unfinished business on the advertising and into a shop is no longer available—the displays had got promotion of tobacco in this country. The Bill containing very sophisticated, with tobacco next to shelves of the “ad ban”, as it was popularly called, went through chocolate and so on—will further restrict the attraction the House a number of years ago. We can assume that of tobacco when people, young or old, go into tobacco most of it was implemented to good effect, because the outlets. This is a progressive move. I think we agreed to level of smoking is decreasing in all categories, although ban vending machines, too, in the last few minutes. among teenage girls and young women the situation is a The Government should be complimented on what bit difficult. they have done over the past 10 years in attacking this The ad ban legislation introduced by this Government scourge of ill health in this country. Tobacco causes was supposed to eliminate anything 50 per cent. of our health inequalities; 50 per cent. of “(a) whose purpose is to promote a tobacco product, or people who smoke will die prematurely because of (b) whose effect is to do so”. tobacco. We have probably gone as far as we can at this I submit to the House that for years we have been stage in stopping the promotion of tobacco. The banning the advertising and promotion of tobacco, but Government’s smoking cessation programmes and targets the tobacco companies have been using the point of sale for smoking cessation over the past few years have been 129 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 130 very good, too; they have helped to reduce tobacco’s Someone dies prematurely every four minutes from attack on the health of the nation and we are making the effects of smoking—15 people an hour, or 75 in the progress. I thank the Government for eventually doing five hours of this debate, which would empty the Public the things that people were arguing for in this House Gallery steadily. This is a valuable step forward, and I 20 or 30 years ago. They were done through gritted congratulate the Government on taking it. teeth as far as the tobacco companies were concerned, but they were done none the less. 9.51 pm Mr. McCartney: I will take only a minute of the 9.48 pm House’s time, because the Secretary of State needs to David Taylor: I am delighted to follow my predecessor respond to the debate. as chair of the all-party group on smoking and health. First, I thank the British Heart Foundation, Smoke In 1998, the Government published their seminal White & Mirrors, and Smokefree Northwest for the past year Paper, “Smoking Kills”, and so brought to an end the of non-partisan support, advice and help, as well as my lost decade of tobacco control. Smoking rates have colleagues in the House, and people in each Department been falling fast. From 1978 to 1988 the adult smoking I have spoken to. A boyhood hero of mine, Denis Law, rate in England fell from 40 per cent. to 30 per cent. once said of his first goal for Scotland that he scored it Between 1988 and 1998, it snaked within the 25 to with his bottom or backside, or words to that effect, but 30 per cent. range. it did not matter because it was a goal. We won the vote The White Paper set out a plan to help those smokers tonight nem. con., and it does not matter, because it is who wanted to quit and to restrict the industry’s capacity going to change history. I hope that my right hon. to recruit new young smokers. Across the country, a Friend the Secretary of State will indicate clearly in his network of local cessation services was established. contribution that, when the Bill reaches the Lords, there Tobacco advertisements on billboards came down and will be absolute clarity and that the amendment accepted the disgrace of tobacco industry sponsorship was put to tonight will ensure that in England, Wales and Northern a stop. No longer were the makers of this deadly Ireland, vending machines will be banned once and for product free to buy a link with sporting achievement in all. the minds of our young people. As a result, we have seen a return to year-on-year reductions in smoking 9.52 pm rates so that now only two adults in every 10 smoke. Philip Davies: Briefly, as we seem to have had a round “Smoking Kills” did what it was supposed to do, but of congratulations on the Bill, I want to say that this is a a new strategy is needed. The main challenges of a very sad day for the House, which once again shows tobacco control strategy remain to help smokers who that the Government are one of the most intolerant, want to quit and to constrain the industry’s capacity to authoritarian and illiberal Governments that we have ensnare young people. The Bill takes up those challenges ever seen. It is yet another triumph for the nanny state. but it is not enough on its own. The whole House awaits It will not make any difference at all to smoking rates. the publication of a new tobacco control plan, of which Cigarettes are not an impulse purchase. As someone this Bill is only a part, that will build on the success of who worked in retail for many years before coming to “Smoking Kills” and help make smoking history for the House, I can assure people that they are not an our children. I strongly support the Government’s proposal impulse purchase like cream cakes. People walk past to do away with the power walls of tobacco promotion cream cakes, think that they look nice, and decide to at the point of sale. buy them, but they do not buy cigarettes on the same premise. Richard Younger-Ross (Teignbridge) (LD): I am puzzled This is just another authoritarian victory for a about advertising at the point of sale. People may Government who want to thrash around looking as if wander into a shop, look around and say, “Does this they have done something. It will have a devastating shop sell tobacco?” Will the shop be able to display a list effect on many, many small retailers, small newsagents showing that it sells tobacco and what products its sells? and pubs. I hope that we will not see crocodile tears Otherwise there will be some very confused people in from Ministers when many more small shops and pubs some very confused shops, wondering whether they are go to the wall as a result of the Government’s policies. in places that sell tobacco. 9.53 pm David Taylor: If the hon. Gentleman had been here throughout the debate he would have heard that answered The Secretary of State for Health (Andy Burnham): It adequately. I am pleased that the amendment tabled by says here, “I beg to move, that the Bill be now read the my right hon. Friend the Member for Makerfield Third time.” However, I gather that someone moved the (Mr. McCartney), which puts cigarette vending machines motion in my absence, so I shall move on and say out of the reach of our children, has been accepted, and something about the Bill. that we can uphold the World Health Organisation This important Bill paves the way for the next stage framework convention on tobacco control to protect of reform in our national health service while, at the health policy from the vested interests of the tobacco same time, cementing its founding values in a new NHS industry. I would have liked to have seen new clause 7 constitution. I am grateful for the constructive approach on plain packaging go further—I would have liked the from Members on both sides of the House to improving Lib Dems to have put it to the vote—but that is for the Bill, and I believe that it leaves the House better and another day. I would like proxy sales to be banned, too, stronger as a result of our deliberations. It builds on the but I voted against the Tories’ proposal, because what consensus established by Lord Darzi’s next stage review they suggested was not enforceable. However, I would that the next decade in the NHS must be characterised like more action on that. by a relentless focus on improving the quality of services. 131 Health Bill [Lords]12 OCTOBER 2009 Health Bill [Lords] 132

[Andy Burnham] The Bill includes new protections to ensure that future generations are less likely to suffer from tobacco- In the past decade, the NHS has done the heavy lifting, related disease. For many hon. Members, the central tackling the big challenges such as waiting and infections. issue in the Bill has been deciding how best to protect Today it is in a position where it can focus more on the our children from the dangers of smoking. We heard quality of the individual patient experience. today passionate contributions, most recently from the In that regard, the introduction of quality accounts Chair of the Select Committee on Health, my right hon. marks a significant step forward for the NHS. Those Friend the Member for Rother Valley (Mr. Barron), new accounts will give patients and the public clearer and from my right hon. Friends the Members for Holborn information when exercising their right to choose health and St. Pancras (Frank Dobson) and for Makerfield care services, setting out for clinicians and managers (Mr. McCartney). There is consensus in the House that valuable information about the quality of the services smoking has devastating consequences for our society that are provided. Equally, the provisions allowing for and that more needs to be done to protect children from the introduction of direct payments for health care will those harms. As my Minister of State, my hon. Friend further empower patients to take greater control of the Member for Lincoln (Gillian Merron) pointed out, their care. These measures are evidence of how, in the there is direct evidence that tobacco point of sale has a next decade, we are placing the power to drive reform in direct impact on young people smoking. I am pleased the hands of patients and staff, not from the top down. that the important clauses on the subject remain in the Bill. The Bill also reaffirms our commitment to the pursuit of excellence in the foundation trust regime and across It is clear that although Opposition Members were the NHS. We have listened to calls from another place not able to conduct a proper whipping operation, hon. for mental health trusts to be given more flexibility in Members have made their views on tobacco vending respect of the operation of the private patient cap, and machines clear this evening. I note in particular the will expect that to be used to improve NHS services. efforts of my right hon. Friend the Member for Makerfield. The pressing requirement to act in the wake of the His passion and resolve have been rightly rewarded by events at Mid Staffordshire NHS Foundation Trust led the House today. We appreciate that as a result of to late amendments to the Bill. I am grateful to the certain amendments being withdrawn, the remaining House for its patience and consideration of those amendments that have been voted through today go to amendments at this late stage. I was particularly pleased the other place in a well drafted and legally workable to hear the comments today of my hon. Friend the form. I will watch with interest how my right hon. Member for Cannock Chase (Dr. Wright) and the hon. Friend’s proposals are received in another place. The Members for Stone (Mr. Cash) and for South Staffordshire Government will not seek to overturn them but, respecting (Sir Patrick Cormack), and to see on the Front Bench this House, will consider how best to put its will into my hon. Friend the Member for Stafford (Mr. Kidney), effect. all of whom had spoken to me and my right hon. and My right hon. Friend has announced his intention of learned Friend the Minister of State for Health to standing down from the House at the coming election. convey to us the strength of feeling in Staffordshire His legacy will be one of campaigning on issues that about the appalling failure at their local hospital. matter to people throughout the country, from the The House has shown today its commitment to the minimum wage to other matters that he has campaigned foundation trust ideal that freedom must be continually on. Tonight his campaigning force has yet again delivered earned through high performance. It is important that another major step forward in protecting the health of foundation trust status continues to represent a badge the children of this country. of excellence and high standards in the NHS, and the amendments that we have passed today will help secure I pay tribute to my Ministers, including my hon. that. I noted that the Conservative Members from Friend the Member for Lincoln and my right hon. and Staffordshire were asking us to go even further than we learned Friend the Member for North Warwickshire had proposed. We had constructed an amendment that (Mr. O’Brien), and to Lord Darzi and Baroness Thornton kept Monitor as the decision maker but gave the Secretary in another place, who have placed the Bill in its strong of State a role to ask Monitor to take a view on whether position today. a trust should be de-authorised. In opposing that approach, We want the Bill to go forward, and we will work to the hon. Member for Eddisbury (Mr. O’Brien) is somewhat ensure that this evening’s amendments are put into a out of touch with his own Back Benchers and local workable form. The Bill leaves the House in a strong opinion on the matter. position. It will protect our children from the dangers There was another late amendment on help with of smoking, empower patients, ensure the highest possible costs of spectacles for over-60s, or rather, to correct a standards of care throughout our national health service loophole in the law whereby eligibility for help with and lay the ground for the next stage of reform in the those costs was more widely drawn than was ever intended. NHS. I commend the Bill to the House. That had lain on the statute book for some time. I am Question put and agreed to. pleased to say that that loophole has now been closed. Perhaps in time the amendment will come to be known Bill accordingly read the Third time and passed, with as the “should have gone to Specsavers” amendment. amendments. 133 12 OCTOBER 2009 Business without Debate 134

Business without Debate That Linda Gilroy be discharged from the South West Regional Select Committee and Roger Berry be added.—(Mr. Blizzard) Hon. Members: Object. EUROPEAN UNION DOCUMENTS Motion made, and Question put forthwith (Standing Order No. 119(11), PETITION

INTELLIGENT TRANSPORT SYSTEMS Planning and Development (Essex) That this House takes note of European Union Document No. 17564/08, draft Directive laying down the framework for the 10.1 pm accelerated deployment of intelligent transport systems in the field of road transport and for interfaces with other transport Bob Spink (Castle Point) (Ind): Residents of Benfleet, modes; and endorses the Government’s cautious approach to Hadleigh and Thundersley are deeply concerned about discussions on this document.—(Mr. Blizzard) the outline planning permission that borough councillors Question agreed to. gave some years ago to develop areas of the green belt around The Chase in Benfleet. I formally objected to a new proposal by Barratt Homes to build 150 houses on ACCESS TO PARLIAMENT (UNITED KINGDOM the site, and it was expected that further inappropriate MEMBERS OF THE ) development plans for the site would be put forward. I Motion made, congratulate all petitioners, who do a great public service That the Resolutions of the House of 30 January 1989 relating in defending their community by signing the petition. to House of Commons Services and 6 December 1991 relating to The petition states: Access (Former members and United Kingdom Members of the European Parliament) shall cease to have effect insofar as they The Petition of Emma Shamshoum, residents of Thundersley relate to United Kingdom members of the European Parliament.— and others, (Mr. Blizzard) Declares that the proposed development of 150 houses by Hon. Members: Object. Barratt Homes in Thundersley is premature and unacceptable for a number of sound and material planning reasons; is contrary to the extant Development Plan which seeks to retain the land as REGIONAL SELECT COMMITTEE undeveloped until it has been proved that it is necessary to release (WEST MIDLANDS) it for housing, and alternative sites for future housing are still being considered in the replacement Core Strategy which has not Motion made, yet been to the Planning Inspector; moreover, the land is identified That Dr Richard Taylor be a member of the West Midlands as a “Local Wildlife Site” which both the current Development Regional Select Committee.—(Mr. Blizzard) Plan and the new Core Strategy are committed to protect; Barratt’s Hon. Members: Object. plan to cover all the existing open grassland with houses and roads, retaining only a narrow “wildlife corridor” through the centre, is unacceptable; if this application is approved a “green REGIONAL SELECT COMMITTEE light” will be given for progressive further development until all of (YORKSHIRE AND THE HUMBER) “The Chase” green fields and woodland are buried under bricks and concrete; and the development will put the existing infrastructure Motion made, such as roads, parking, leisure facilities and public services such That Mary Creagh be discharged from the Yorkshire and the as schools and doctors under intolerable strain. Humber Regional Select Committee and Mr be The Petitioners therefore request that the House of Commons added.—(Mr. Blizzard) urges the Government to encourage Castle Point Borough Council Hon. Members: Object. to consider this objection and petition formally and to reject Barratt’s proposal and to ensure the matter is dealt with by councillors who can and will then be held to account for their REGIONAL SELECT COMMITTEE decision. (SOUTH WEST) And the Petitioners remain, etc. Motion made, [P000403] 135 12 OCTOBER 2009 Water Charges 136

Water Charges To make the matter very clear, I should say that if there had been any consultation with the customers of Motion made, and Question proposed, That this House the south-west, they would never have agreed to the do now adjourn.—(Mark Tami.) system that we have, under which they end up paying far more for their water than people anywhere else in 10.3 pm the country. Richard Younger-Ross (Teignbridge) (LD): I am grateful for the opportunity to bring again to the Floor of the Mr. Colin Breed (South-East Cornwall) (LD): Is my House an issue that has been of concern to residents of hon. Friend aware that that lack of communication the south-west for a long time—indeed, since 1989, continues today? My constituent George Sale and others when the then Conservative Government privatised the have pointed out to me that they appear suddenly to water companies and, in the view of myself, my have been given standing charges for both water and parliamentary colleagues and most residents of the sewerage. There seems to have been no communication south-west, created a grave injustice, which has to this about those charges; they were simply added to the bills. day led to the south-west paying more for its water and sewerage than any other part of the country. Richard Younger-Ross: I do not need to comment I note that Labour Members are present, and that further, as my hon. Friend has put his point firmly on several people from the Labour Benches and from the record. among my Liberal Democrat parliamentary colleagues Why does the south-west have such particular problems? wish to intervene. I also note, however, that not one The region has 3,429 square kilometres of environmentally Member from the Conservative party is here to debate sensitive countryside. Some 40 per cent. of its land this important issue. receives special protection for its outstanding quality, The Government have been very slow in recognising compared with a figure of 23 per cent. for England the difficulties that I have mentioned. However, they overall. The region has 2,100 kilometres of coastline, have at last produced—reluctantly, perhaps, and later more than any other region and 25 per cent. of England’s than they should have done—a report that allows us to total coast. There are 507 kilometres of heritage coast, try to make some progress. In asking Anna Walker to 59 per cent. of England’s total. The region has 144 European present a report on water charges, the Government have Community designated bathing waters, 33 per cent. of created a useful vehicle for debating not only the issue the total for England and Wales. Only some 3 per cent. on which I want to concentrate but a lot of the other of the population live in the south-west water areas, so, issues of water poverty and water shortage. as we keep repeating, 3 per cent. of the population are In her foreword, Anna Walker points out the aim of paying to clean up 33 per cent. of the nation’s bathing the review and three of its particular points. The third is waters. There are 22 designated shellfish waters, representing to 21 per cent. of England’s total, and the seas off the south-west of England support half of the UK’s wildlife. “make recommendations on any action that should be taken to ensure that England and Wales have a sustainable and fair” —I highlight the word “fair”— Linda Gilroy (Plymouth, Sutton) (Lab/Co-op): The hon. Gentleman makes a powerful case, which his party “system of charging in place. This could include changes to current legislation and guidance.” and Labour Members have been making for far too long. Has he seen the report that has been submitted to She goes on: the Walker review by the socio-economic research and “Prices can vary considerably between companies (average intelligence observatory—SERIO—of Plymouth university, bills range from around £280 to £500). Customers are not used to which emphasises the injustice and unfairness of the such differences in prices for essential services,” situation? Has he noted from that report that approximately —I underline the word “essential”— a quarter of the English population visited the south-west “and, if they are in a high cost area, consider it unfair.” in 2008? The report goes on to discuss regional costs and the fact that they should be allowed to continue. However, Richard Younger-Ross: Indeed, and I think that the Anna Walker highlights the question of who should pay figure was 18.2 million, about 7.1 million of whom for environmental improvements from which all customers visited specifically to go to the seaside. I have a copy of benefit. I wish to concentrate on the part of the report that report—it is an excellent contribution and I hope about environmental works. On page 55 of the report, that Anna Walker considers it. I congratulate the hon. in paragraph 3.3.18, Anna Walker writes: Lady, who was partly responsible for bringing it about. “The arguments as to whether environmental improvements should be paid for by the local water customer, the national water Andrew George (St. Ives) (LD): In the same way that customer or the taxpayer are complex. The review team would welcome views on the arguments it has set out in the interim we do not expect London taxpayers to fund the British report before reaching a firm conclusion in the final report…There Museum or the National Gallery, it would be entirely are real choices to be made over the standards to be met, how wrong that the bathing waters on the south-west coast, future environmental improvements are achieved and the period which are a national asset, should be entirely paid for by over which they should be carried out, all of which can affect the the local water rate payers of that area. Given that the costs radically and which are particularly important if the water Anna Walker inquiry has clearly indicated that there customer locally or nationally is expected to pay for them.” should be an option of spreading the cost nationally, She goes on to discuss does my hon. Friend agree that it should also be spread “much greater formal involvement of customers in decisions on retrospectively, so that it relates to past as well as future what is to be spent.” investment? 137 Water Charges12 OCTOBER 2009 Water Charges 138

Richard Younger-Ross: That is a good point. The 10.16 pm south-west has already paid for the bulk of its Clean Sweep programme, although it is still paying the interest The Parliamentary Under-Secretary of State for costs. I hope that if the inquiry and the Government Environment, Food and Rural Affairs (Huw Irranca-Davies): decided on spreading the costs fairly across the country, I begin not only by congratulating the hon. Member for they would indeed be retrospective. I put that question Teignbridge (Richard Younger-Ross) on securing the to the Minister for the South West, and he did not rule first Adjournment debate after the summer recess but it out. As the SERIO report states, the Environment, by facing up to my obligations, having contributed to Food and Rural Affairs Committee said in 2009: the very problem that we are debating. I have holidayed in the south-west in two of the past three years with my “The question for Defra is whether environmental improvements family, and I am afraid that we have contributed either in certain regions, such as measures to protect bathing beaches in to the problem or to the tourism economy—I think the south west, should be seen as a national benefit to be paid for by tax payers or as a regional infrastructure deficit”— both. the point put by my hon. Friend. I genuinely congratulate the hon. Gentleman on both securing the debate and summarising the salient points People in the south-west are paying £497, which they pertaining to a crucial issue for his constituents and expected to rise to £517 by 2015. Thames Water has the those of some of my hon. Friends, who have campaigned lowest figure, £286, and that was going to rise only to on this issue for years and years. It would ill become me £343. A month after the Walker report came out, Ofwat to dwell on the iniquities of previous Governments who leapt to the defence of water customers—just so that took through privatisation and made errors. We are there is no doubt in the written record, I am being trying to consider how we can resolve the situation. ironic. Its press release was headed: “Ofwat holds bills down for customers”. I will take it that a 6 per cent. cut The House will be aware that this is not the first in bills over the next four years is a cut, but Ofwat has debate that we have had on water charges this year. It is, not taken on the total injustice of the south-west paying in fact, the third. That is a tribute to the pressure that more than other regions. hon. Members are keeping up on the Government and the regulator to seek a resolution. In May, the hon. Member for East Devon (Mr. Swire) secured a debate Mr. Adrian Sanders (Torbay) (LD): It is 19 years on water charging in the south-west. In June, my hon. since privatisation, and those who introduced privatisation Friend the Member for Plymouth, Sutton (Linda Gilroy) have no alternative policy, and after 12 years of the secured a debate on water charging and metering. Of current Government, we are still debating this subject. course, the hon. Member for Teignbridge was part of Is not the answer to vote Liberal Democrat? the delegation that I met on 16 July to discuss the interim report of the Walker review of charging for Richard Younger-Ross: I could not disagree with that household water and sewerage services. The Members point, so elegantly made by my hon. Friend. who are present this evening have been pursuing the matter with some zeal on behalf of their constituents Ofwat has stepped in, but it has compounded the and the south-west region, and they have met me on injustices. Table B of its document “Comparison between several occasions. I thank them for giving me the companies’ final business plan proposals and Ofwat opportunity to hear their views. Draft Determinations” shows that the figure for the south-west, which was proposed to be £517 in 2015, will This is the first debate on the matter in the House be only £458, which is a difference of minus 11 per cent. since Anna Walker published her interim report, so I People in other regions, such as the Hartlepool Water very much welcome it. She did so on 29 June, and I region, will have a difference of 14 per cent., but they should like to take this opportunity to put on record pay less than those in the south-west at the moment. once again my appreciation of the excellent work that Thames Water customers will pay 15 per cent. less than Anna and her team have done so far. They have toured proposed, and they pay the lowest amount at the moment. the country—north and south, east and west—and Southern and Severn Trent are down 12 per cent. That returned to areas including the south-west to take views. does not deal with the fundamental injustice. I recognise the difficult challenges that were given to Anna Walker. The Government response to the interim I say to members of Ofwat that they might be good report welcomed its publication and acknowledged that accountants, and they might know the cost of everything, it had raised important questions about the fairness of but the one thing that they do not appear to know is the current charges. It also pledged a full Government value of the resource that we have. They do not understand response when the final report is published. the social impact and corrosiveness of having a totally unjust system that allows the south-west to pay more I hope that hon. Members understand that I do not and other areas to have their bills reduced even further. want to pre-empt or pre-define Anna Walker’s findings. Ofwat objects to our principle because it says, “The I believe that it is right to wait for the final report before polluter pays.” We all agree with that principle, but responding to individual recommendations or the report when it comes to sewerage, that is something that we all as a whole. Many of the interim proposals, such as how have to do. The elderly and the sick have to do it. Why water is paid for and the affordability of bills, are should they have to pay more for doing it in the south-west linked. It makes sense to consider the final recommendations than they do in the south-east? Why should the sick, as a package rather than in isolation. Indeed, the debate who might have other problems, be charged excessively? of my hon. Friend the Member for Plymouth, Sutton The principle of “polluter pays” is fine up to a point, focused on how many factors are interwoven. but this is an essential health service. Let us keep it that In addition, the interim report invited further views way, and let us have the charges fair and just. There are on several key questions. As part of that, a second ways that that can be done without too much difficulty. workshop was held in Plymouth on 17 July, which was 139 Water Charges12 OCTOBER 2009 Water Charges 140

[Huw Irranca-Davies] All environmental legislation has some public benefit. In terms of water quality, it would not just be the chaired by my hon. Friend the Member for Plymouth, bathing waters directive, but a host of other environmental Sutton. The review team is currently working up its measures. The matter is therefore complex. For example, final proposals in the light of the comments that were the cost of building the Thames tideway might need to received there and in other roadshows. be included. Thames Water customers face a £2 billion For those reasons, I do not propose to pre-empt the bill to construct that to help meet the requirements of Walker review’s final recommendations, although I want the urban waste water treatment directive and prevent to try to respond in general terms to the points that the sewage discharges into the Thames. That is only one hon. Member for Teignbridge and others have made in example, but it is a key one, which is in front of us now. the debate so far. The final report also needs to decide whether it would be fair to equalise costs that have direct or indirect Linda Gilroy: Before my hon. Friend proceeds to do private benefits, such as local tourism, and public health that, will he agree to meet me and hon. Members who benefits from clean beaches. Environmental costs also have assiduously pursued such matters soon after the reflect the local costs incurred, for example, in treating report is published? sewage and other pollutants. If they cost more to treat in some parts of the country than in others, Anna will need to advise on whether it is fair to expect companies Huw Irranca-Davies: Yes, I am more than happy to to subsidise those who live in high-cost areas. That is give that commitment. One of the benefits of the way in the nub of the issue. In addition, Anna will need to which my hon. Friend and Opposition colleagues have consider whether sharing environmental costs beyond pursued the matter is that they have tried to find solutions the customer base of individual companies would risk rather than simply to produce heat rather than light. On acting as a disincentive to keep cost pressures, and that basis, I am happy to meet a delegation again, led by hence customers’ bills, down. Those are the things that my hon. Friend with others, so that we can examine Anna must wrestle with as she comes to her final Anna Walker’s final deliberations. I am looking forward deliberations. to meeting them. The hon. Member for Teignbridge referred to the Richard Younger-Ross: Is that not exactly what Ofwat cost of cleaning up beaches and the fact that 30 per has been doing in its determination? It has said to the cent. of the country’s beaches are in the south-west. I water companies, “You can’t spend as much as you am familiar with that because, if Wales is split from the want, you’ve got to spend less.” That is why it has made equation—Wales claims to have the highest proportion such limited cuts. Of course, it has not addressed the of coast per head of population in the UK—I acknowledge inequalities. the hon. Gentleman’s point. When looking at the matter in terms of England, the population compared with the Huw Irranca-Davies: Indeed—as the hon. Gentleman amount of coastline in the south-west is starkly significant. says, Ofwat has not addressed the inequalities, which is As I have made clear in previous debates, households in what Anna is wrestling with as we speak. She is trying the south-west pay more for their water and sewerage to finalise her comments on sharing the environmental services than those elsewhere in the country. That is an costs, meaning equalising the costs across a wider customer inalienable fact. base beyond the region, which has not been done before. That reflects to some extent the substantial investment Ofwat has acted to keep bills down on this occasion, in that South West Water has made since privatisation, its interim findings on the periodic review 2009 process—we including, as the hon. Gentleman said, the Clean Sweep await the final determination—but it has not looked at programme. The cost to customers of that company equalisation. Anna is looking at whether she can address and in that region has fallen. The Walker review has those issues. There would also be administrative costs in been looking carefully at how environmental improvements, setting up and operating an equalisation mechanism, which confer some national benefits, should be paid for. which ultimately would have to be paid by water customers. Anna Walker is aware of those difficult issues and is Paragraph 3.3.18 of the interim report concluded, as looking closely at whether any equalisation scheme can the hon. Gentleman said, that be both fair and workable. “the arguments as to whether environmental improvements should The interim Walker report invited views on a number be paid for by the local water customer, the national water of proposals on the related issue of water affordability, customer or the taxpayer are complex.” including capping the bills of metered households on I think that we would all agree with that. Where the council tax benefit in high-cost areas, and refinement to burden falls is not simple, but very complex. The report the WaterSure scheme, including capping bills at the goes on to say in paragraph 3.6.2 that national rather than regional average. There are pros “the review team is minded to recommend that, in the long term, and cons associated with all such proposals, and it is the net benefits are likely to be limited of moving to national or essential to ensure that Anna Walker’s final taxpayer charging for some environmental benefits”. recommendations are perceived as fair by everyone—not As I said a moment ago, I do not want to pre-empt only those in the south-west, but across the board in Anna Walker’s final recommendation on the so-called England and Wales. Any measures to assist customers “equalisation” of environmental investment, but she in the south-west must be paid for either by other has identified several practical issues around equalisation customers of South West Water, by water customers in the interim report. In particular, if Anna recommends nationally or by taxpayers—there are no other options, an equalisation scheme, she will need to decide what unless someone is going to surprise me tonight. counts as an environmental improvement with a public I must be honest: as well as being contacted and benefit. lobbied by the extremely strong campaign from the 141 Water Charges12 OCTOBER 2009 Water Charges 142 south-west—I have regularly met hon. Members involved I know that my right hon. Friend the Prime Minister in that—strong concerns have been expressed by other has pledged to meet a delegation led by my hon. Friend hon. Members, particularly from the north-east of England. the Member for Plymouth, Sutton to discuss the Walker They have said that their constituents who do not find it review. I am sure that other hon. Members who have easy to pay bills now would be faced with additional attended this debate will also be there. I would, of burdens in future if they had to subsidise costs elsewhere. course, be happy to have an additional meeting with the The reality is that the problem is difficult to square, but hon. Member for Teignbridge, my hon. Friend and that underlines the challenges that Anna Walker faces other hon. Members with constituencies in the south-west as she finalises her report. There are no easy solutions to discuss the review’s final report once it has been or quick fixes, and almost every different proposal for published. water charging creates winners and losers. I understand the criticisms that have been levelled The hon. Gentleman made some observations on about tardiness on this issue, but the Government’s Ofwat’s proposals and on what its draft determinations commitment to looking at it properly has now been would mean for water and sewage bills. He said that evidenced by the bringing forward of Anna Walker’s bills could fall by around £30 between 2010 and 2015 report. I commend the work that she has done on what for south-west households and compared that with is not an easy task. I also commend the work that hon. other bills that are already low. I understand him, but as Members here have done in campaigning on this issue I think he would agree, we are seeing a dampening in and in bringing more light than heat to it. I look the draft proposals for households in the south-west. By forward to the final recommendations and meeting with the way, the determination on that is due in late November. hon. Members who wish to advance the case of their In conclusion, I recognise—as I have said repeatedly constituents in this matter. in this House and elsewhere—that the cost of water and Question put and agreed to. its affordability is an issue in the south-west. I very much look forward to seeing Anna Walker’s final recommendations, including those on paying for 10.31 pm environmental improvements, hopefully in November. House adjourned.

1WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 2WS

On the particular entities in question, vessels of the Written Ministerial Islamic Republic of Iran Shipping Lines (IRISL) have transported goods for both Iran’s ballistic missile and Statements nuclear programmes. Similarly, Bank Mellat has provided banking services to a UN listed organisation connected to Iran’s proliferation Monday 12 October 2009 sensitive activities, and been involved in transactions related to financing Iran’s nuclear and ballistic missile programme. The direction to cease business will therefore reduce TREASURY the risk of the UK financial sector being used, unknowingly or otherwise, to facilitate Iran’s proliferation sensitive Delegated Legislation (Counter-terrorism) activities.

The Exchequer Secretary to the Treasury (Sarah Double Taxation Convention (United Kingdom and McCarthy-Fry): The Government have today laid before Austria) the House a statutory instrument under the Counter- terrorism Act 2008 containing a direction requiring the UK financial services sector to cease all business with The Financial Secretary to the Treasury (Mr. Stephen the Iranian Bank Mellat and the Islamic Republic of Timms): A new protocol to the double taxation convention Iran Shipping Lines. This means that from today, financial with Austria was signed on 11 September 2009. The text and credit institutions will no longer be able to enter of the protocol has been deposited in the Libraries of into new transactions or business relationships with both Houses and made available on HM Revenue and these entities nor to continue with existing transactions Customs’ website. The text will be scheduled to a draft or business relationships unless they are licensed by order in Council and laid before the House of Commons HM Treasury. Consistent with the commitment provided in due course. to the House during the passage of the Act, I would like to set out the reasons behind our decision. The Treasury is satisfied, as required by the Act, that Double Taxation Agreement (United Kingdom and activity in Iran that facilitates the development or Malaysia) production of nuclear weapons poses a significant risk to the national interests of the UK. Iran continues to The Financial Secretary to the Treasury (Mr. Stephen fail to meet its international obligations. Most notably, Timms): A new protocol to the double taxation agreement its nuclear programme presents an immediate challenge with Malaysia was signed on 22 September 2009. The to the global non-proliferation regime. The International text of the protocol has been deposited in the Libraries Atomic Energy Agency (IAEA—the UN body charged of both Houses and made available on HM Revenue with monitoring Iran’s activities and ensuring that no and Customs’ website. The text will be scheduled to a nuclear material is being diverted to non-civilian draft order in Council and laid before the House of applications) is being refused the access it seeks by Iran, Commons in due course. which also declines to answer questions put to it by the agency’s staff about alleged studies suggesting a military aspect to Iran’s programme. As a result, the IAEA director Equitable Life general has stated that he is unable to verify Iran’s nuclear programme is for exclusively peaceful purposes. Iran’s ongoing improvement of its ballistic missile The Chief Secretary to the Treasury (Mr. Liam Byrne): capabilities also continues to cause international concern. On 18 August Sir John Chadwick issued an interim Its failure to answer questions from the IAEA about report that set out an approach for assessing relative possible military dimensions to its nuclear programme loss, the definitive questions he believes need to be increase concerns that its ballistic missile programme addressed in taking forward that approach; and the represents a potential nuclear delivery system. principles he proposes to adopt to determine the appropriate The UK has for many years been clear that we would proportion of losses to apportion to the public bodies. prefer a more productive relationship with Iran, and for He has extended his original response deadline, to Iran to take its place as a responsible member of the 16 October, with a view to allowing time for interested international community. We continue to work through parties to make responses following the outcome of the the E3+3 and urge Iran to accept our, and US, offers of judgment of the divisional court in the judicial review engagement in order to achieve a diplomatic resolution proceedings brought against HM Treasury in relation of the nuclear issue. The Government welcome the talks to its response to the parliamentary ombudsman’s report recently held between the E3+3 and Iran. into the prudential regulation of Equitable Life. The However, Iran continues to pursue its proliferation timing of the judgment is a matter for the court, but is sensitive nuclear and ballistic missile activities in defiance expected to be handed down soon. The Treasury will of five UN Security Council Resolutions. consider the judgment carefully and respond to Sir John’s We cannot and will not ignore specific activities interim report as soon as it is in a position to do so, undertaken by Iranian companies which we know to be recognising that speed continues to be of the essence in facilitating activity identified by the UN as being of this matter. concern, particularly where such activities have the I will update the House as soon as it is possible to do, potential to affect the UK’s interests. after the court’s judgment is promulgated. 3WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 4WS

National Reform Programme 2009 Home Loss payments are part of the land compensation system and are paid to owner-occupiers and tenants following compulsory purchase or displacement by housing The Economic Secretary to the Treasury (Ian Pearson): orders or estate redevelopment. Owner-occupiers receive I wish to inform the House of the publication on 10 per cent. of the value of their property—subject to 8 October 2009 of the “UK’s National Reform Programme maximum and minimum thresholds—and tenants receive (NRP) 2009”, copies of which have been placed in the a flat-rate equal to the minimum payment for owner- Libraries of both Houses. occupiers. As part of the EU’s Lisbon Strategy for jobs and The thresholds have risen steadily until 2008, when growth, the UK must present to the European Commission the maximum payment was £47,000 and the minimum by 15 October 2009 its National Reform Programme and flat-rate were £4,700. The 2009 review indicated (NRP) 2009, setting out UK progress on economic that the thresholds could be reduced to £41,000 and reform. £4,100—slightly above the 2006 levels. The NRP responds to the recommendations the The thresholds and flat-rate mainly bite at the minimum European Council agreed in March 2009 for the UK on level, as very few high-value properties are taken in the fiscal sustainability and skills and employment, and the normal run of compulsory purchase orders. The people Council’s points to watch for the UK on housing supply most affected would be those owner-occupiers with and R and D. The NRP 2009 also reports on UK properties worth less than £47,000 and tenants receiving progress in the areas of the business environment and the flat-rate, typically those in clearance areas or estate climate change, energy policy, and sustainable development, redevelopment schemes by registered social landlords. which were re-emphasised by the European Council in The people caught up in these schemes are quite March 2008 as priority areas over the 2008-10 cycle of vulnerable, and the Government believe that reducing the Lisbon Strategy. Reporting is in the context of the their home loss payments by £600 (from £4,700 to current downturn and medium-term reform measures, £4,100) would make life more difficult for those who are in line with the European economic recovery plan (EERP). already in a very difficult situation. We have therefore The NRP 2009 does not make any new policy decided not to reduce the thresholds this year. announcements: rather, it reports on the implementation of existing reforms, and looks forward to announced future policies. DEFENCE

BUSINESS, ENTERPRISE AND REGULATORY Apache AH Mk1 Future Support Arrangements REFORM The Parliamentary Under-Secretary of State for Defence (Mr. Quentin Davies): Apache is currently providing National Minimum Wage vital battle-winning capability in support of UK and coalition forces on operations in Afghanistan. Building on the existing support arrangements in place, on 6 October The Minister for Business, Innovation and Skills (Mr. Pat I announced the award of a through-life integrated McFadden): I am pleased to announce that the Government operational support (IOS) contract to AgustaWestland have written to the Low Pay Commission setting out for implementation of the Apache Helicopter Future the non-economic evidence on the national minimum Support Arrangements (FSA). This IOS contract is an wage. The evidence addresses enforcement, publicity output-based contract where specific levels of support and awareness and policy issues including apprenticeships, are required to be achieved by industry while allowing homeworkers and young workers. industry to decide the optimum way to provide that The Government will be submitting their economic support. Under the contract, one of the key areas will evidence to the Commission later this year. see AgustaWestland increasing the availability of the A copy of the non-economic evidence will be placed Apache helicopters from the current level to over 70 per in the Libraries of both Houses and will be available cent. which will be of significantly benefit to front-line from the BIS website at: www.bis.aov.uk. users. In addition the contract will reduce through-life costs through AgustaWestland implementing continuous improvements in the service provided. This contract will build on the existing effective and COMMUNITIES AND LOCAL GOVERNMENT efficient engineering and logistical support for the Apache AH Mkl helicopter to the frontline. The contract is valued at £439 million for the period to March 2014, Home Loss Payments (2009) with a price review thereafter, and transfers to industry further responsibility for Apache AH Mkl maintenance and support and associated risk of delivering the required The Parliamentary Under-Secretary of State for output. The contract is forecast to deliver savings in the Communities and Local Government (Mr. Ian Austin): region of £50 million over the first contract period as The Government have decided not to amend the thresholds compared to the projected costs of current support for Home Loss payments in 2009. In previous years, arrangements, with the potential to deliver further savings since 2003, new thresholds have come into force on through life. This will be achieved whilst also increasing 1 September. aircraft availability. 5WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 6WS

The contract represents another step forward in the in keeping with our shared long term vision for a “light helicopter plans set out in the MOD-AgustaWestland touch” yet robust scheme, which provides both financial strategic partnering arrangement, strengthens our and reputational incentives for these sectors to increase relationship with the industry, and will increase aircraft energy efficiency and deliver emissions reductions. availability levels despite reducing through-life costs. In light of feedback from the consultation, I am Progress with this IOS contract builds on the similar pleased to announce that I have adjusted the scheme to support contracts already in place for the Sea King and ensure that the financial impact from the purchase of Merlin helicopters that have also been previously awarded allowances will be similar in all years. I have decided to AgustaWestland. that the retrospective purchase of allowances for 2010-11 Overall the Apache IOS contract provides excellent will no longer be required. Participants will be required value for money for the taxpayer and delivers improved only to correctly report their emissions in the first year. and efficient support to the frontline. I have therefore halved the financial impact in the first year, compared to a double sale of allowances. ENERGY AND CLIMATE CHANGE Other changes include the possibility for subsidiary organisations that would qualify in their own right to be Carbon Reduction Commitment Energy Efficiency able to participate in the scheme independently from Scheme their parent or fellow subsidiary organisations. This will give organisations greater flexibility to choose the approach that best works for them, without losing emissions The Minister of State, Department of Energy and coverage of the scheme. I have also given extra weighting Climate Change (Joan Ruddock): The UK Climate Change in the second year to the measurement of early action, Act makes the UK the first country to set a long-term which will feature in the league table. This change legal framework for reducing emissions over the next responds to stakeholder feedback and better reflects the four decades. The Act has demonstrated decisive expected life of the contribution made by such early international leadership, showing the UK is committed action to an organisation’s energy efficiency. to taking up its responsibility for reducing global emissions. The CRC is the only UK scheme focused on energy As part of this commitment, Government will introduce efficiency measures, and therefore the main league table the carbon reduction commitment, an energy efficiency on which revenue recycling is based will remain an instrument, next April. The CRC will help large public energy efficiency league table. I have carefully considered and business sector organisations reduce their emissions stakeholders’ views on the role of renewables in the through improved energy efficiency and thereby save scheme and in particular that many participants are £1 billion each year by 2020. I also intend that CRC will also looking to invest in onsite renewable electricity deliver emissions reductions of more than 4 million generation to help play their part in a transition to a low tonnes of CO2 per year by that time. Given the primary carbon economy. I therefore want to recognise these focus of the scheme on energy efficiency, CRC will now efforts, alongside energy efficiency achievements, and be known as the CRC Energy Efficiency scheme (CRC). will publish a second table which sets out the contribution Last Wednesday, the UK’s Administrations published made from both energy efficiency measures and the the Government response to the third consultation on onsite generation of electricity from renewable resources, the scheme which was held between March and June where this is also consumed onsite. 2009. That consultation related to the scheme’s regulatory In achieving our climate change ambitions, it is critical basis. The response finalises the policy for the scheme that senior management throughout the economy are before its launch in April 2010. engaged in achieving these objectives. The CRC provides Without new policies, emissions from public and the policy framework to ensure that the existing best business sectors will not achieve the carbon reductions practice of our leading organisations will be more widely we require over coming years. This group of organisations taken up, and that carbon becomes correctly considered, in particular has significant potential to achieve cost-effective reported and valued. The scheme sits alongside the energy efficiency savings. There are clear benefits from “Guidance on how to measure and report your greenhouse positive, immediate action to tackle climate change and gas emissions”, published by Government on 30 September, investment that takes place in the next 10-20 years will explaining how all organisations should measure and have a profound effect on the climate in the second half report their greenhouse gas emissions, including those of this century. Government are committed to ambitious organisations captured by the CRC. Investors and the public targets to reduce the UK’s CO2 emissions, and this will will increasingly make judgments about organisations’ require contributions from all sectors of the economy achievements on both saving energy and tackling climate and from across all parts of the UK. change. I believe that the scheme will be an effective tool The basic trajectory of CRC remains. The first in helping the public and private sector play their part introductory phase of the scheme until 2013 will have in avoiding catastrophic climate change. an unlimited number of allowances. Thereafter Government will set the number of allowances, which will decrease year on year to ensure that the potential for efficiency ENVIRONMENT, FOOD AND RURAL AFFAIRS savings are realised. I will be taking the advice of the Committee on climate change before setting this cap in Fly-tipping 2012, but anticipate that the scheme will ensure that large organisations play their full role in contributing to The Parliamentary Under-Secretary of State for our emissions reductions of at least 34 per cent. by 2020. Environment, Food and Rural Affairs (Dan Norris): Copies The UK Government have worked together with of the annual report on the number of incidents of devolved Administrations and stakeholders in Scotland, fly-tipping recorded by local authorities on the Wales and Northern Ireland to ensure that the CRC is Government’s Flycapture database in 2008-09 will be 7WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 8WS placed in the Libraries of both Houses today. This and consistent than in previous years and increase the report gives information on the number and type of number of herds in the high-risk areas which are tested incidents, the type of land where the incident occurred annually, as well as increasing surveillance in areas at and the estimated cost to authorities of dealing with it. risk of TB spread by testing them every two years. I am pleased to announce that there was a reduction Finally, I understand the significant impacts TB of 9.3 per cent. in the number of fly-tipping incidents restrictions can have. Following recommendations from recorded by local authorities on the Flycapture database the eradication group, animal health has introduced from 2007-08. I am also pleased to highlight the good changes to make it easier for TB-restricted farms to buy work carried out by local authorities in carrying out replacement stock and sell their own surplus cattle, 2,000 prosecutions alongside over 520,000 other without materially undermining disease controls. Further enforcement actions to prevent or in response to fly-tipping measures to reduce the burden on TB-affected farms incidents in 2008-09. will be introduced in the next few months. Farmers DEFRA will continue to work with the Environment under TB restrictions should also have access to the Agency and local authorities to prevent illegal waste best available advice. DEFRA officials are looking at activity through a combination of prevention, education how to support the provision of professional advice for and enforcement. TB-affected farmers, to be introduced early in the new This report is also available from the DEFRA website year. at: http://www.defra.gov.uk/environment/quality/local/flytipping/ DEFRA is providing an additional £5 million of flycapture-data.htm funding for increased testing, compensation of TB reactor animals that are removed and slaughtered, and for advisory services. This will be found from savings elsewhere TB Eradication Group for England across DEFRA. There will be additional costs for some farmers, in terms of pre-movement testing requirements and TB restrictions; but I agree with the group that The Secretary of State for Environment, Food and these are needed if we are to stop further spread and Rural Affairs (Hilary Benn): In November 2008 effectively tackle the disease. representatives of the farming industry, the veterinary profession and DEFRA officials formed the TB eradication The group’s progress report addresses wildlife controls group for England to make recommendations to Ministers and the culling of badgers. I have had frank discussions on bovine TB and its eradication. Last week the group with it on these issues and have agreed that they should published a progress report, including a number of remain on the group’s agenda. I made it clear that the recommendations. The UK has also submitted a TB policy is that licences will not be issued to cull badgers eradication plan for 2010 to the European Commission. for bovine TB control in England, and I will only revisit In addition Scotland has recently succeeded in achieving this under exceptional circumstances, or if new scientific regional officially TB-free (OTF) status. evidence becomes available. The group said in its report Bovine TB Eradication Group for England that it cannot, at this stage, make a clear case for change on this basis. I welcome the eradication group’s report which shows the progress they have made since last November. I have I will place copies of the group’s report in the Libraries had useful discussions with the group, and appreciate of both Houses. their hard work in starting to develop a long-term, risk-based eradication programme. They have made The UK bovine TB eradication plan was submitted recommendations for changes that can be made now to to the European Commission on 15 September. The tackle the disease through improved surveillance and Commission’s decision on approval and funding for our control, which I have accepted and already started to eradication plan will be published by the end of November. implement. They have also considered and recommended The eradication group contributed to the England sections measures to support farms subject to TB restrictions. of the plan. First, there is a change in our policy on inconclusive Scotland is not included in the plan since it was reactors conclusively to the TB skin test. To date we granted officially TB-free (OTF) status on 8 September. have allowed two re-tests of repeat inconclusive reactors. The Scottish Executive and industry are to be congratulated However this risks leaving infected animals on farm, so on this significant achievement. from 1 January 2010 only a single re-test of repeat inconclusive reactors will be allowed before they are While responsibility for bovine TB is devolved, Scotland’s removed and slaughtered. This change brings us in line newly recognised status will affect the whole of the UK. with EU law, and follows a similar move earlier this Measures will be put in place to govern movements of year in Wales and Scotland. cattle into Scotland from the rest of the UK. All UK Secondly, there is a change in the way that routine TB Administrations have been working with stakeholders surveillance testing intervals are set. There are risks to develop these, with measures expected to come into with the current approach of setting these on a reactive force in February 2010. My priority has been to minimise basis at parish level, in particular that it does not allow the impact on the industry in England, ensuring that us to get ahead of the disease. The eradication group the measures introduced are appropriate and proportionate, will be looking at more risk-based approaches. Since recognising that many parts of England are low risk. I this will take some time to develop, an interim approach have agreed with Richard Lochhead (Cabinet Secretary will be introduced for 2010. This is based on a more for Rural Affairs and the Environment) that if there are proactive assessment of TB incidence and risk. The outstanding details in November implementation should resulting testing regime for 2010 will be more coherent be delayed until final mutual agreement is reached. 9WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 10WS

Greenhouse Gas Emissions good governance, sustainable development and sound financial management can be restored as quickly as possible: The Secretary of State for Environment, Food and An Advisory Council, chaired by the Governor, and a Consultative Rural Affairs (Hilary Benn): On 1 October 2009 DEFRA Forum, have been appointed by the Governor. Both bodies published guidance, in partnership with the Department have now met and continue to do so regularly. They will ensure of Energy and Climate Change, explaining how that the voice and views of the people of the Turks and Caicos Islands continue to be heard. organisations should measure and report their greenhouse gas emissions as required under section 83 of the Climate A full review of the TCI Governments finances has been undertaken and, in discussion with the Advisory Council and Change Act 2008. This followed a public consultation following debate in the Consultative Forum, further measures exercise on the draft guidance which closed on 7 August put in place to limit public expenditure, increase revenue and 2009. bring the islands’ debt under control. The Governor published The guidance is available on the Department for a new budget at the end of September. Environment, Food and Rural Affairs website at: http:// A range of (UK) Government-funded advisers is now in place www.defra.gov.uk/environment/business/reporting/ to offer support and guidance not only to the Governor, but index.htm and copies will be placed in the Libraries of also to the public service. They are working in key areas of concern, as identified in Sir Robin Auld’s final report such as both Houses. public financial management, crown land, customs and good governance. We are looking to appoint others to assist in areas such as immigration and constitutional and electoral reform. The Chief Executive has launched an extensive restructuring FOREIGN AND COMMONWEALTH OFFICE of TCP s public service. A major review of TCI Ministries has been completed to help provide more efficient and effective public services. This has included the creation of two new Ministries: Border Control, and Tourism, Trade and Economic Turks and Caicos Islands Development. New Permanent Secretaries (all TC Islanders) have been appointed. Membership of statutory boards has also been updated. The Parliamentary Under-Secretary of State for Foreign Work is underway to strengthen a number of areas of public and Commonwealth Affairs (Chris Bryant): On 12 August sector delivery. Emphasis is also being placed on improving the ethics and culture of public service, particularly with respect to the Court of Appeal in London dismissed the appeal transparency and ensuring that all public sector decisions are brought by former Turks and Caicos Islands (TCI) taken in line with clear published policies. Additionally, public Premier Michael Misick challenging our proposed action complaints and redress procedures are being strengthened. to tackle corruption in the Islands. Two days later I A special prosecutor, Helen Garlick, and her team have been announced that I had instructed the Governor to bring appointed and paid an initial visit to TCI in August. They have into force an Order in Council suspending ministerial presented their initial scoping project to the Governor. Government and the House of Assembly for a period of The Governor has undertaken a series of town hall meetings up to two years. The Order also suspended the constitutional and has visited all the main inhabited islands: Salt Cay, South right to trial by jury in TCI, which provides the possibility Caicos, Middle Caicos, North Caicos and Providenciales, as in future of having trials by judge alone in the TCI well as Grand Turk. This has given him the opportunity to Supreme Court in appropriate cases. explain to the general public what the interim Government means for them, to answer their questions, and to hear their This was a serious constitutional step which the concerns. Government did not take lightly. But these measures were essential in order to restore the principles of good governance and sound financial management. It remains HEALTH our intention that elections should be held by July 2011, if not sooner. In his final report, Sir Robin Auld confirmed that Human Papillomavirus (Cervical Cancer) Vaccination there was information in abundance pointing to a high Programme probability of systemic corruption and/or serious dishonesty in TCI. In Sir Robin’s view this, together with clear signs of political amorality and immaturity and of The Minister of State, Department of Health (Gillian general administrative incompetence, demonstrated a Merron): Hon. Members will be aware of the tragic need for urgent suspension in whole or in part of the death of a 14 year old girl in Coventry on 28 September constitution and for other legislative and administrative soon after she had received the Cervarix vaccine. Our reforms. Sir Robin also made preliminary recommendations thoughts are with her family and friends at this difficult including the institution of criminal investigations in time. relation to Michael Misick, and four of his former At the inquest into the girl’s death, the pathologist Cabinet ministers. He confirmed the recommendation confirmed that she died from a large malignant tumour in the interim report for the establishment of a Civil and of unknown origin in the heart and lungs. There is no Criminal Recovery Unit and the appointment of a indication that the Human Papillomavirus (HPV) vaccine special prosecutor. was a contributing factor to the death. I would like to take this opportunity to thank Sir Robin Before the results of the post-mortem were confirmed, and his team for their hard work, determination and the batch of vaccine in question was quarantined as dedication which has produced such a detailed and a purely precautionary measure. Subsequently the comprehensive report. The Governor has taken the manufacturer, GlaxoSmithKline, voluntarily initiated a following steps towards ensuring that the principles of recall of the stock. 11WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 12WS

Over 1 million doses of the HPV vaccine gave been Parliamentary authority for expenditure by the given in the United Kingdom since the programme Independent Parliamentary Standards Authority will began, and the vaccine has an excellent safety profile. It also be sought, in a new estimate. is estimated that the immunisation programme will save the lives of 400 women each year. Proceedings (Costs) Information on the clinical trials of the vaccine is publicly available on the website of the European Medicines Agency, the body that advises on the licensing of the The Parliamentary Under-Secretary of State for Justice vaccine: www.emea.europa.eu/humandocs/PDFs/EPAR/ (Bridget Prentice): I issued the Government’s response cervarix/H-721-en6.pdf to the consultation paper “Controlling Costs in Defamation Proceedings” on 24 September 2009. We have been transparent about the vaccine’s safety since the programme started in the UK. Information on The high level of costs incurred in defamation and the MHRA’s continuous review of safety and reports of some other publication proceedings have been the subject suspected side effects are published each week on the of criticism and debate in the courts and Parliament. MHRA website. The Commission on Human Medicines The Government are concerned that the risk of excessive has recently reviewed the first year safety experience costs may force defendants to settle unmeritorious claims, and advised that no serious new safety issues have been which in turn may encourage a more risk-averse approach identified despite significant usage of the vaccine in the to media reporting and is a risk to freedom of expression. UK. A summary of this review has now been published In the light of the responses to the consultation paper on the MHRA website at: www.mhra.gov.uk/Publications and recommendations from the Advisory Committee /Safetyguidance/DrugSafetyUpdate/CON059804 on Civil Costs, the Government asked the Civil Procedure The HPV vaccine protects against cervical cancer, Rule Committee (CPRC) to consider draft rules to and we are committed to offering girls and young implement a number of measures to control costs in women protection against it. The vaccine has an excellent publication proceedings. The CPRC met twice to consider safety profile. Parents should continue to have confidence these proposals, and has approved amendments to: in this vaccine and ensure their daughters are protected require notice of ATE insurance to be given to the other party with the letter before claim or within seven days of entering against developing cervical cancer in the future. taking out insurance; require additional information to be given as to whether premiums are staged and if so the stage at which increased premiums HOME DEPARTMENT become payable and the level of insurance cover; and in publication proceedings to introduce a 42-day period during HM Inspectorate of Constabulary Review (Home which if the defendant admits liability and makes an offer Office Leaks) leading to a settlement, the defendant is not liable for the ATE insurance premium. In addition the CPRC suggested and approved a The Secretary of State for the Home Department practice direction to implement a mandatory 12-month (Alan Johnson): I am today placing in the Library of the costs budgeting pilot for defamation and malicious House a copy of the HMIC report into the lessons falsehood proceedings. The Government will monitor learned from the recent Metropolitan Police investigation the outcome of this pilot closely and hope that there into Home Office leaks. will be close supervision, in particular, of hourly rates This report was commissioned by my predecessor. Its which are key to controlling costs in this area. terms of reference were: Rules to bring these measures into effect were included “Denis O’Connor, Her Majesty’s Chief Inspector of Constabulary, in the Civil Procedure (Amendments) Rules 2009 laid supported by his small team of relevant experts, will undertake a before Parliament to come into effect on 1 October 2009. review of the lessons learned from the recent Metropolitan Police Amendments to the pre-action protocols and practice investigation into Home Office leaks. The review will report to the directions also came into effect on the same date. Home Secretary”. The Government have decided not to implement the I am most grateful to Denis O’Connor for his work. other measures contained in the consultation paper at It is important his recommendations are now followed this time but will review them in the light of outcome of up. the pilot and recommendations made by Lord Justice Jackson’s review of civil litigation costs. We will also consider whether further measures are needed in this JUSTICE area. Copies of the response paper have been placed in the Independent Parliamentary Standards Authority Libraries of both Houses. The paper is also available on the Ministry of Justice website at: www.justice.gsi.gov.uk. The Secretary of State for Justice and Lord Chancellor Copies have also been made available in the Vote (Mr. Jack Straw): Further to my statement of 16 September, Office and the Printed Paper Office. about progress on the implementation of the Independent Parliamentary Standards Authority, parliamentary approval Freedom of Information Act 2000 for additional resources of £1,100,000 for this new expenditure will be sought in a winter supplementary estimate for the Ministry of Justice. Pending that approval, The Minister of State, Ministry of Justice (Mr. Michael urgent expenditure estimated at £1,100,000 is being met Wills): On Thursday 24 September I deposited copies of by a repayable cash advance from the Contingencies “The Freedom of Information Act 2000—Statistics on Fund. Implementation in Central Government: Q2—April— 13WS Written Ministerial Statements12 OCTOBER 2009 Written Ministerial Statements 14WS

June 2009” in the Libraries of both Houses. Copies are My Department has a Public Service Agreement also available in the Vote Office and the Printed Paper indicator regarding journey time on main roads into Office. urban areas. The indicator states that by 2010-11 the This is the Quarterly Monitoring Statistics Report 10 largest urban areas in England will meet the congestion analysing the performance of central Government in targets set in their local transport plans relating to the fifth full year of freedom of information. movement on main roads into city centres. The national indicator will be deemed to have been met if, on target HM Courts Service Estates routes in these areas, an average increase in travel of 4.4 per cent. is accommodated with an average increase of 3.6 per cent. in person journey time per mile. The Secretary of State for Justice and Lord Chancellor The publication of the “Transport Statistics Bulletin, (Mr. Jack Straw): I will be making a written ministerial Road Statistics 2008: Traffic, Speeds and Congestion”, statement tomorrow on this matter. on 25 June 2009 included revised performance data for the urban congestion indicator for the academic year SOLICITOR-GENERAL 2007-08. The overall national data now shows that the average Assisted Suicide person journey time across all the target routes has improved by 3.1 per cent. between the baseline (using 2004-05 and 2005-06 data) and 2007-08. The original The Solicitor-General (Vera Baird): My right hon. announcement in February stated that it was a fall of Friend the Attorney-General has made the following 3.0 per cent. At the same time the average level of travel written ministerial statement: fell by 2.7 per cent. across all the target routes, whereas Following the House of Lords judgment in Purdy v DPP the the original published figure was 3.3 per cent. Director of Public Prosecutions issued his interim policy document on the 23 September 2009, setting out the particular factors he The individual data has also been adjusted for a would take account of when deciding whether to give consent number of areas. Based on this revised performance to the prosecution of a person for the offence of aiding, data, the West Midlands will now receive the modified abetting, counselling or procuring (assisting) another to commit payments as detailed in the table below: or attempt to commit suicide. This policy was issued on an interim basis and at the same time Original Tranche the Director announced he would start a consultation exercise 2 payment announced Revised Tranche that would last for three months. He is aiming to then publish Urban Area on 23 February 2009 2 payment his finalised policy in the Spring of 2010. Copies of the interim policy and the consultation paper have been placed in the West Midlands £1,064,645 £1,216,738 Libraries of both Houses. The policy does not change the law but responds to the House Leicester’s performance data has also been adjusted of Lords judgment in the case of Purdy v DPP. from a fall in journey time of 0.1 per cent. to an increase It has never been the rule in England and Wales that suspected of 1.1 per cent., but this is still better than their trajectory criminal offences must automatically be prosecuted. Where target. As the priority of the performance fund is to there is sufficient evidence to provide a realistic prospect of a enable the urban areas to identify and tackle the causes conviction for assisted suicide, the Director must, as with all of congestion, it has been decided to retain Leicester’s offences, go on to consider whether a prosecution is needed in original performance fund allocation of £361,226. No the public interest. In exercising that discretion, the Director other area had a significant change in their performance takes into account factors both for and against prosecution. These are set out in the code for Crown Prosecutors. The data for 2007-08. consideration of evidence followed by a consideration of whether The performance fund is worth a total of £60 million a prosecution is needed in the public interest constitutes the over four years, and today’s announcement will have full code test. seen a total of £22.9 million paid to the 10 areas. A In the case of Purdy v DPP the House of Lords considered further £35 million is available over the next two financial that in the special case of assisted suicide the Director should years, and will also be awarded on a performance basis. issue a policy document setting out the further public interest factors that may apply to this specific offence in order to give prosecutors and persons in Ms Purdy’s position extra clarity as to the exercise of the prosecutorial discretion. WALES Each case is unique and will be considered on its own facts and merits with prosecutors continuing to apply the factors in the Legislative Competence Order code for Crown Prosecutors as well as the new interim policy.

The Secretary of State for Wales (Mr. Peter Hain): I TRANSPORT am pleased to inform the House that the proposed National Assembly for Wales (Legislative Competence) Urban Congestion Performance Fund (Housing) Order 2009 relating to Domestic Fire Safety was laid on 7 October, as Command Paper (Cm 7715). The Minister of State, Department for Transport This Order has been proposed by a backbench member (Mr. Sadiq Khan): I am today announcing adjustments of the National Assembly for Wales, Ann Jones, and to the second payment tranche for the urban congestion has the support of the Welsh Assembly Government. performance fund. This follows the statement on Copies of this can be found in the Vote Office and the 23 February 2009 when the 10 largest urban areas in Library. I have written to the Welsh Affairs Committee England received £10.7 million to study and address the and to the House of Lords Constitution Committee to causes of urban congestion. request they undertake pre-legislative scrutiny.

1P Petitions12 OCTOBER 2009 Petitions 2P

people to have reasonable access across the whole country Petitions and has put in place a new policy and financial framework to achieve this. Monday 12 October 2009 Under the Government’s postal sector reforms introduced in 2001, Royal Mail (which includes Post Office Ltd) has been given greater commercial freedom, as the PRESENTED PETITON management and unions themselves requested, and Government have assumed an arm’s length role as a Petition presented to the House but not read on the Floor shareholder in a public limited company. Subject to agreeing its strategic plan with us, the Board can structure Planning and Development (Essex) the business as it decides best to meet the challenges of The Petition of Emma Shamshoum, residents of market development and changing customer needs. Thundersley and others, The Government has introduced clearly defined national Declares that the proposed development of 150 houses access criteria to maintain a national network and by Barratt Homes in Thundersley is premature and guarantee a reasonable level of access to post office unacceptable for a number of sound and material planning services for all. Within the access criteria framework, reasons; is contrary to the extant Development Plan however, the precise location of post office branches is which seeks to retain the land as undeveloped until it an operational matter for Post Office Ltd. has been proved that it is necessary to release it for Post Office Ltd has advised that the Queensway post housing, and alternative sites for future housing are still office was closed in 2004 as part of the company’s being considered in the replacement Core Strategy which urban reinvention programme and that they are not has not yet been to the Planning Inspector; moreover, aware of any ongoing serious service issues at the main the land is identified as a “Local Wildlife Site” which Sheerness post office. both the current Development Plan and the new Core Strategy are committed to protect; Barratt’s plan to cover all the existing open grassland with houses and roads, retaining only a narrow “wildlife corridor”through BUSINESS, INNOVATION AND SKILLS the centre, is unacceptable; if this application is approved a “green light” will be given for progressive further Steel Industry (Yorkshire) development until all of “The Chase” green fields and The Petition of residents of , and others, woodland are buried under bricks and concrete; and the Declares that the Petitioners are concerned about the development will put the existing infrastructure such as decline of the steel industry in South Yorkshire. roads, parking, leisure facilities and public services such as schools and doctors under intolerable strain. The Petitioners therefore request that the House of The Petitioners therefore request that the House of Commons urges the Government to make time for a full Commons urges the Government to encourage Castle debate on the state of the steel industry, and to bring Point Borough Council to consider this objection and forward recommendations, to be considered by the House, petition formally and to reject Barratt’s proposal and to to ensure its survival. ensure the matter is dealt with by councillors who can And the Petitioners remain, etc.—[Presented by and will then be held to account for their decision. Mr. Denis MacShane, Official Report,16 July 2009 Vol. 496, And the Petitioners remain, etc.—[Presented by Bob c. 554 .] Spink .] [P000396] [P000403] Observations from the Secretary of State for Business, Innovation and Skills received 8 September 2009: OBSERVATIONS The Government are deeply conscious of the importance of the steel industry to the people of Rotherham and BUSINESS, ENTERPRISE AND REGULATORY the South Yorkshire region. Employees particularly at REFORM Corus sites in the area are worried about their jobs and the impact on their families and their communities; and Post Office Closure (Kent) suppliers are concerned about the future of their businesses. Petition presented on 8 September 2009. We are fully engaged with Corus to try to secure the Declares that Sheerness main Post Office is providing future for as many workers as possible. The Prime an inadequate service. Minister, the Secretary of State for Business, Innovation The Petitioners therefore request that the House of and Skills and the Minister for Business, Innovation Commons urge the Government to instruct Post Office and Skills have spoken to Kirby Adams, Corus CEO Limited to re-open Queensway Post Office. about the matter on several occasions. And the Petitioners remain etc, The current downturn has hit steel production across [P000397] the globe and whilst job losses are always extremely Observations from the Secretary of State for Business, regrettable, the UK steel industry is taking action to Enterprise and Regulatory Reform received 8 September ensure that it is fit for the future. 2009: Along with its partners in local government and the The Government recognises the important social and regions, the Government are bringing forward billions economic role of post offices, particularly in rural and of pounds worth of infrastructure spending across the deprived urban communities. That is why we are determined UK to help keep people and firms in work while private to maintain a national post office network allowing demand falls. 3P Petitions12 OCTOBER 2009 Petitions 4P

There will also be opportunities in the low carbon to consider this objection and Petition and to reject the arena that will present significant market opportunities Jotmans Hall site and to co-operate together in investigating to UK steel makers and processors in the medium to more suitable sites and to now do this with public longer term. transparency and to undertake fully public consultation The Government accept these initiatives to stimulate on any sites which are thought may be suitable. demand will take time to feed through and have a real And the Petitioners remain, etc.—[Presented by Bob impact. That is why we are continuing to help the steel Spink, Official Report, 13 July 2009; Vol. 496, c. 129 .] industry and why our focus is on training to help the [P000392] industry get ready for the upturn in the economy when it comes. Observations from the Secretary of State for Children, Schools and Families received 3 September 2009: The Government have offered up to £5million of training support to secure jobs across Corus sites. Through The Government are committed to providing a Sure Train to Gain the Government are already making a Start Children’s Centre for every community by March significant investment to up-skill and re-skill Corus 2010 and through the Apprenticeship, Skills, Children employees, including support for apprenticeships at the and Learning Bill the Government are introducing a Corus Rotherham site. This reflects the high priority statutory duty on local authorities to ensure sufficient this Government place on continued investment in provision of Sure Start Children’s Centres—making individuals and their skills during the downturn. Train them a universal service. Across the country, Sure Start to Gain is the Government’s flagship service offering Children’s Centres are already providing access to high support to employers in England to invest in the future quality integrated services for young children under five productivity and profitability of their businesses by years old and their families. This is particularly important investing in the skills of their employees and support in the current economic climate, where families face has been provided to other companies in the steel and additional worries. All local authorities, working with metals industries. their Children’s Trust partners, are responsible for planning and delivering Sure Start Children’s Centres. The Government note that these matters were discussed in the House on 7 July during a Westminster Hall The Government would expect the local authority, in debate on the Future of the Steel industry secured by this case Essex County Council, to think strategically the right hon. Member for Rotherham (Denis MacShane). about the location of children’s centre provision in There was also a Westminster Hall debate on Support order to ensure universal coverage for all families with for the Steel Industry secured by the Hon Member for children aged zero to five, and to consider what provision Brigg and Goole (Ian Cawsey) on 24 March. would best deliver improved outcomes for children across the county. We would expect the local authority to In addition the Secretary of State for Business, Innovation consult widely on its proposals. and Skills took part in a Steel Summit hosted by the All Party Parliamentary Steel and Metal Related Industry It is for Essex County Council to determine the Group on 14 May. There was a follow-up meeting of precise nature of the communications and consultation the All Party Group on 20 July which was attended by with its partners. They must consult and inform all the Minister for Business, Innovation and Skills. At all interested partners and allow adequate time and provide these discussions, stimulating demand was seen as critical sufficient information for this process. Our advice to all to the future of the steel industry and remains the key local authorities is to start consulting early. area that we will continue to address. I understand that public consultation was carried out at pre-planning stage following Essex County Council’s own guidance and processes. The Council has concluded the public consultation stage on the proposal to develop CHILDREN, SCHOOLS AND FAMILIES a Sure Start Children’s Centre at Jotmans Hall School. Planning and Development (Essex) The Council’s Executive has considered the comments made during the consultation and has made some The Petition of John Hogarth, parents of Jotmans Hall amendments to the plans for the children’s centre at School, local residents and others, Jotmans Primary School in response to these concerns. Declares that the proposed development of a SureStart The centre to be located on the Jotmans Primary Centre at Jotmans Hall School in Benfleet should be School site will provide easy access to early childhood rejected because building the centre at that school would services for around 835 local children under five, and bring unacceptable problems including; compromising their families, who live in the neighbourhood. Sure security for young children and the school buildings, Start Children’s Centres are a key part of our universal including late at night and at weekends; destroying mainstream children’s services and as such will contribute valuable greenbelt land and playing fields; wasting a greatly to improving outcomes for all children wherever vast amount of public money; increasing parking problems they live. They also have an important role to play in for school users and residents; and imposing highway narrowing the gap in outcomes for the poorest children safety dangers; further declares that the councils are and the rest and we are committed to ensuring there is a pushing ahead with this plan because if they switch to centre for every community by 2010. other much more appropriate sites, they could lose their £500,000 budget for the project and that this demonstrates a cavalier approach by the councils to the management Primary Education (Cheshire) of public funds. The Petition of residents in Farndon and its surrounding The Petitioners therefore request that the House of district in the Eddisbury Parliamentary Constituency in Commons urge the Government to encourage Essex the County of Cheshire and those interested in the County Council and the Castle Point Borough Council maintenance of primary education in Farndon, 5P Petitions12 OCTOBER 2009 Petitions 6P

Declares that the maintenance of primary education Local authorities and schools have a duty to care for at Farndon School is vital for the interests of current the premises through use of their annual Devolved and future pupils and is of crucial importance and Formula Capital (DFC). This is an amount allocated benefit to the wider communities which it serves as an each year to primary and secondary schools to be spent essential component of education in Cheshire; that the by them on their priorities in respect of buildings, ICT state of the buildings, classrooms and common facilities and other capital need. It may be combined with capital is wholly inadequate; that provision of suitable areas funding from other sources, pooled with DFC allocated for recreation is in grave need of being made available, to other schools, and saved up to fund larger projects. or brought up to standard to meet the needs of the Priorities are set at school level, but should have regard children at the school; that the research in its design, to planned expenditure in a local authority’s asset costings and planning of the necessary improvements, management plan. as detailed in the school’s feasibility plan, are well Decisions about how to prioritise capital investment advanced and offer a best practice, value for money are best made locally; it is for the Council to prioritise solution to the current deficit of provision; and that the the schools in the project, deciding when each school education authority, Cheshire West and Chester Council, will receive investment and the scope of work at individual provides the resources necessary to enable the school’s schools, in the context of the overall funding allocation. feasibility plan to be put into effect. We would expect a range of factors to be taken into The Petitioners therefore request that the House of account in making these decisions, including (but not Commons urges the Secretary of State for Children, limited to) current educational standards, levels of Schools and Families to take steps to promote the deprivation and the condition, suitability and size of proposal to make adequate provision at Farndon Primary the existing buildings and sites. School and re-dedicates its support for the continuing Good asset management is essential for schools if high quality education at this establishment. funding and assets are to be used efficiently and effectively And the Petitioners remain, etc.—[Presented by to support the aims of the Children’s Plan. Asset Mr. Stephen O’Brien, Official Report, 13 July 2009; management guidance was first published by the DCSF Vol. 496, c. 128 .] around 10 years ago; however, the content and format of this guidance was revised in November 2008. Local [P000389] Authorities (LAs) use school Asset Management Plans Observations from the Secretary of State for Children, to provide the framework within which capital investment Schools and Families received on 17 August 2009: needs are assessed and prioritised. This is undertaken in partnership with schools and other local partners in an Cheshire has seen a dramatic increase in schools open, transparent and consultative manner. The information capital funding in recent years. In 1996-97 it was allocated collated helps schools, LAs and the other partners to £10.4 million, and this has risen to nearly £118 million make informed spending decisions on the repair, renewal for the three year period 2008-09 to 2010-11. Much of and improvement of premises, and thereby targets resources the devolved funding is allocated at local authority for maintenance where they are needed most. level, for the local authority to allocate between primary and secondary schools as it sees fit. This applies, particularly, to modernisation funding and basic need funding for expansion. COMMUNITIES AND LOCAL GOVERNMENT Specifically, for the two years 2009-10 and 2010-11, Care Services (Essex) the newly formed Cheshire West and Chester has been allocated over £42 million. This includes £7 million for The Petition of Mavis Hunt, and others, modernisation, £1.9 million for basic need, and £7.5 million Declares that permanent live in wardens in sheltered for primary capital. Other amounts within the total housing, for instance at Sweetbriar Lodge, should be have been given to schools directly as Devolved Formula retained, and notes the wonderful care and confidence Capital, also for programmes such as ICT and for these wardens give to vulnerable and elderly residents, extended schools. enabling them to live with a degree of independence The Primary Capital Programme (PCP), commits to and dignity; further declares that councillors have full renewing at least half of all primary school buildings by control of this decision and will be held to account for 2022-23. The aim is to create primary schools that are it; believes that a small expenditure on wardens can save equipped for 21st-century teaching and learning, and much public money; congratulates wardens in Castle are at the heart of their communities with children’s Point who are caring and thoughtful towards residents; services in reach of every family.The programme encourages expresses astonishment that Borough councillors are, and supports local authorities to take a long-term strategic yet again, threatening to remove wardens to save cash in approach to capital investment and to transform teaching a very short sighted manner and believes that councillors and learning in primary schools, with the Children’s should start to listen to residents and the public. Plan at its heart. The programme overall is supported The Petitioners therefore request that the House of by £1.9 billion of capital investment in the period Commons urges the Government to review its guidance 2008-11. to local councils on the use of permanent wardens and to ask Castle Point Borough Council to listen to the To access PCP funding all authorities were asked to Member of Parliament and continue to support our prepare and submit to the Department a Primary Strategy local wardens. for Change (PSfC). Before the unitary changes, Cheshire County Council delivered a “strategy for change”document And the Petitioners remain, etc.—[Presented by Bob which did not include Farndon School as one of the Spink, Official Report, 20 April 2009; Vol. 491, c. 122 .] priority projects for Cheshire West and Cheshire. [P000348] 7P Petitions12 OCTOBER 2009 Petitions 8P

Observations from the Secretary of State for Communities of representations were received during that period and Local Government received12 October 2009: about the proposed area of search 1A. No new The Secretary of State acknowledges the concerns of representations can be taken into account now, as to do the petitioners regarding the continued use of resident so might be unfair to other respondents. wardens in warden controlled accommodation. However, the Government’s policy on land designated We are aware that a number of older people are as green belt has not changed. concerned about changes to the warden systems in Planning Policy Statement 3 (PPS3) states that there some sheltered housing schemes, and the implications is a presumption that housing development should be that such changes might have. I should like to emphasise prioritised towards previously developed land, but recognises that the Government are very mindful of the housing that some Greenfield land—undeveloped land that may and support needs of all older people—wherever they or may not be part of existing green belt—may be live—whether in their “own homes”, or with family, or needed for development. PPS3 puts the responsibility in supported housing, like sheltered or extra care on local authorities to decide (within the broad framework accommodation, or residential care establishments. The provided by Regional Spatial Strategies) where to locate Government want to ensure that our older citizens housing, to identify sites and to manage previously should get the best housing and support services that developed land back into development where possible can be made available locally and in the most effective way. to minimise the call on Greenfield and designated green It is however, for local authorities to determine how belt land. to best meet the support needs identified in their Planning and Development (Northamptonshire) communities—the Department does not prescribe any particular model of support. Communities and Local The Humble Petition of residents of Higham Ferrers in Government has given local authorities £1.686 billion the Wellingborough constituency and the surrounding of Supporting People funding. Authorities use this funding area, to provide housing support to a whole range of people, Sheweth focusing their spending to best meet local need. All That major concern is expressed about proposed decisions about how the services are funded and monitored, developments near to Higham Ferrers Nursery and which includes satisfaction with the service, are therefore Infant School and Higham Ferrers Junior School which made at the local level. From 1 April 2009 the Supporting will pose a risk to the children attending these schools. People Programme grant was un-ringfenced. This supports Increased traffic along the adjacent service road will our clear commitment to provide authorities with greater pose a threat to children and parents, who use this road flexibility over their funding and allows them to develop as a safe area for both the dropping off and picking up innovative solutions to meet local needs. of children. In addition many children use this road We want to improve the delivery of support services during the day as an access route to and from the school for older people further, which is why we recently brought especially to the sports facilities. Hundreds of children together representatives from Age Concern and Help will be affected by the proposed developments. the Aged and other key players such as the Local Wherefore your Petitioners pray that your Honourable Government Association to form the Sheltered Housing House urges the Secretary of State for Children, Schools Working Group. A number of ministerial led meetings and Families to liaise with East Northamptonshire have already taken place and work is progressing on District Council and Northamptonshire County Council taking forward the issues identified by the working to ensure a safe environment for children using the group, to decide how to best work with and support the schools. sector and service users going forward. And your Petitioners, as in duty bound, will ever pray, &c.—[Presented by Mr. Peter Bone, Official Report, Green Belt (Somerset) 16 December 2008; Vol. 485, c. 1071 .] The Petition of residents of the Woodspring constituency [P000302] and others, Observations from the Secretary of State for Communities Declares that the Government’s Regional Spatial Strategy and Local Government received 12 October 2009: proposes over 10,000 new homes on Green Belt land The Secretary of State for Communities and Local surrounding Long Ashton; and further declares that Government notes that a planning appeal has been there are feasible options to accommodate necessary submitted to him in respect of the above development. new housing without sacrificing the Green Belt. The appeal was received on 29 June 2009. The Petitioners therefore request that the House of The petition has been brought to the attention of the Commons urges the Secretary of State for Communities Inspector, who visited the site on 22 September. The and Local Government to withdraw the proposed South appeal will be determined during the course of the week West Regional Spatial Strategy and make a renewed beginning 28 September. A copy of the appeal decision commitment to the retention of the Green Belt. will be sent to the hon. Member. And the Petitioners remain, etc.—[Presented by Dr. Liam Planning and Development (Plymouth) Fox, Official Report, 2 July 2009; Vol. 495, c.1P .] The Petition of people concerned at the proposed [P000388] development of an energy from waste plant at Ernesettle, Observations from the Secretary of State for Communities Plymouth, and Local Government received 12 October: Declares that the site identified by Plymouth City The proposed changes to the South West Regional Council for an energy from waste plant at Ernesettle, Spatial Strategy were the subject of public consultation Plymouth, is totally inappropriate for many reasons between July and September 2008. A substantial number including the loss of playing fields. 9P Petitions12 OCTOBER 2009 Petitions 10P

The Petitioners therefore request that the House of There are robust procedures for dealing with all forms Commons urges the Secretary of State for Communities of unacceptable behaviour. All those who are found to and Local Government to persuade Plymouth City fall short of the Service’s high standards or who are Council to reconsider their decision and investigate found to have committed an offence under the various alternative sites. Service Acts are dealt with administratively (up to and And the Petitioners remain, etc.—[Presented by Alison including dismissal) or through the disciplinary process, Seabeck, Official Report, 11 May 2009; Vol. 492, c. 657.] as applicable. [P000366] All Commanding Officers are made fully aware of Observations from the Secretary of State for Communities their responsibility to protect others from the differing and Local Government received 12 October 2009: forms of harassment, physical and mental intimidation and discrimination, and any suspicion of bullying is The Secretary of State for Communities and Local dealt with immediately. These principles are reinforced Government is aware of the proposal for an Energy throughout all military training. from Waste Incinerator in Plymouth. Plymouth City Council has allocated 4 sites within its Waste Local All personnel have access to the full range of welfare Development Document (DPD). and well-being support. Every unit has a comprehensive welfare system, which is widely publicised. This starts This DPD has been through a full public consultation with Officers and non-commissioned officers, who have exercise in accordance with the Planning and Compulsory a line management welfare responsibility to individuals. Purchase Act 2004. The DPD was submitted to the Within the unit, personnel also have direct access to Secretary of State on the 29 August 2007 for an Independent Unit Welfare Officers, pastoral, medical and welfare Examination; the Examination was carried out on staff. A further secondary level of welfare support is 6 February 2008 and the document was found to be provided which can either be accessed directly or through sound. The DPD was adopted by Plymouth City Council unit welfare staff. An example of this is the Army on the 21 April 2008. Welfare Service which provides a confidential professional I understand from officials in the Government Office support service and a Confidential Support Line telephone for the South West that no planning application for an service. Personnel also have access to the Samaritans Energy from Waste Incinerator at Ernesettle (Plymouth) helpline. has been submitted to the Council for determination. The determination of planning applications is primarily There is no evidence to suggest that Absent Without the responsibility of the City Council, as the local Leave is a problem because of widespread bullying. planning authority. However, all those returning from unauthorised absence are asked whether they wish to report any concerns. In addition, the Secretary of State for Defence has DEFENCE established the statutory appointment of the Service Bullying (Armed Forces) Complaints Commissioner to provide an alternative The Petition of those concerned about bullying in the point of contact for individuals (either Service personnel Armed Forces, or a third party who wishes to make an allegation on Declares that bullying in the British Army should be behalf of a Service person) who feel unable to approach stopped once and for all. the chain of command to make an allegation that a Service person has been wronged in relation to The Petitioners therefore request that the House of discrimination, harassment, bullying or other inappropriate Commons urges the Secretary of State for Defence to behaviour. The Commissioner will refer an allegation to take a firm and positive action to ensure that bullying in the person considered appropriate to receive it. Normally, the British Army is once and for all put a stop to now. this will be the Commanding Officer of the Service And the Petitioners remain, etc.—[Presented by person who is alleged to have been wronged. However, Mr. Parmjit Dhanda, Official Report, 29 June 2009; the Commissioner may refer the case to another officer Vol. 495, c. 136 .] if, for example, the Commanding Officer is the subject [P000384] of or implicated in the complaint. Observations from the Secretary of State for Defence received 18 August 2009: All personnel have the right to live and work in an ENERGY AND CLIMATE CHANGE environment free from harassment, intimidation and discrimination. These principles are enshrined in values Wind Farm Development (Wales) and standards that reject any form of harassment, The Humble Petition of Robert Andrew Robinson intimidation or discrimination and call for respect and Town Clerk of Welshpool Town Council, appropriate behaviour at all times. These values and Sheweth that the Communities of Mid Wales (and in standards are introduced in recruit training and particular Welshpool) are deeply concerned about the continuously reinforced throughout an individual’s service. effect of Wind Farm transpiration in Mid Wales and in There is a policy of zero tolerance of bullying or particular through Welshpool which is proposed over a ill-treatment and we encourage any allegation of sustained period. inappropriate behaviour to be raised to the attention of Wherefore your Petitioners pray that your Honourable the Commanding Officer to be investigated accordingly. House will urge the Secretary of State for Energy and All allegations of mistreatment are taken very seriously Climate Change to initiate a public inquiry on this and all substantive allegations are investigated, including matter before any Wind Farm Development is approved by Service Police such as the Royal Military Police if or allowed to take place and to ensure that full, proper appropriate. For the purposes of investigations Service and open consideration occurs prior to implementation Police are independent of the Ministry of Defence. of the project in Mid Wales. 11P Petitions12 OCTOBER 2009 Petitions 12P

And your Petitioners, as in duty bound, will ever Further declares that the Human Fertilisation and pray, &c.—[Presented by Lembit Öpik, Official Report, Embryology Authority supported the case for allowing 14 July 2009; Vol. 496, c. 264 .] people in such cases to have access to further extensions [P000393] to the storage period. Observations from the Secretary of State for Energy The Petitioners therefore request that the House of and Climate Change received 11 September 2009: Commons calls upon Her Majesty’s Government to bring forward further regulations to allow for the continued The Government take the consideration of all impacts storage if embryos for those who actively desire it in from wind farm development very seriously. order that they might use them to have a family by Where an application for a wind farm has been made means of surrogacy and act immediately to suspend the under s36 of the Electricity Act 1989, a public inquiry destruction of such embryos where the donors so wish. into the application is mandatory if the relevant planning And the Petitioners remain, etc.—[Presented by Mr. Paul authority (Powys County Council in this case) objects. Burstow, Official Report, 21 July 2009; Vol. 496, c. 857 .] Even if the relevant planning authority does not object, I have the discretionary power to call for a public [P000402] inquiry if! consider it necessary in the light of objections Observations from the Secretary of State for Health received. Department received 18 September 2009: Should I call for a public inquiry to be held, I will Under the current law, human embryos may be stored issue in advance a statement of the matters, which seem for five years. In certain circumstances, extension of to me to be relevant to my consideration of the application. storage may be allowed. However, this does not include These matters could include transportation impacts in cases where the woman to whom it is intended the connection with the construction of the wind farm. The embryo will be transferred would be acting as a surrogate. views of those objecting would be taken into account, This is because of concerns about surrogacy at the time together with all other relevant factors, in identifying the legislation was made. these matters. The Government have reviewed the storage provisions, Even if a public inquiry is not held, I will similarly to enable more people with premature infertility to take objectors’ views into account in reaching my decision benefit from them. The new legislation will increase the on the application. maximum storage period for embryos from five years to I am aware that Powys County Council, the Welsh 10 years, and in addition will provide that storage can Assembly Government and the developers concerned be extended for rolling periods of further ten years (up are considering transport issues raised by wind farm to 55 years in total) if a registered medical practitioner applications in mid-Wales. provides a written opinion that the person for whom the embryo is being stored is prematurely infertile. Under Applications for wind farms made under the Town the new system, in cases where it is intended that the and Country Planning Act 1990 will be considered by embryos are to be used in a surrogacy arrangement and the relevant local planning authority. The local planning the criteria set out in the regulations are fulfilled, the authority would similarly consider transportation issues storage period may be extended. in their assessment of such applications. However, this new legislation does not apply to embryos As transport issues, including cumulative impacts, that have run out of time on 1 October 2009, and which will be assessed as part of the normal planning application therefore are outside the current legal storage time process for each wind farm, it would not be appropriate limits. Although only a small number of women are in to hold a separate inquiry across a number of applications this situation, we all appreciate that for them it is solely into transportation issues as requested in the tremendously important as it is their chance to have a petition. child. The dilemma is morally straightforward—we are sympathetic to these women and have been urgently seeking ways to help them—but legally it is very complex. As a result of very careful thought and consultation HEALTH with our lawyers, we have found what we believe is a solution. We are making an Order under section 64(1)(a) Storage of Embryos of the Human Fertilisation and Embryology Act 2008 The Petition of people who have embryos stored under to enable the 10 year rule to apply to embryos that are the terms of the 1990 Human Fertilisation and Embryology out-of-time on 1 October 2009 on the basis it would Act and the regulations made there under and others, be ‘supplementary provision’ to section 15(3) of the 2008 Act. Declares that the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) The Order will mean that these embryos can remain Regulations 2009 (S.I., 2009, No. 1582), dated 25 July in storage for 10 years from the date they were first put 2009, a copy of which was laid before this House on into storage. Therefore, for instance, an embryo subject 1 July, does not provide for the preservation of embryos to the current five year storage limit that has been in whose statutory storage period has expired; is concerned storage for six years on 1 October 2009 will be able to be that in circumstances where people have stored embryos stored for a further four years. The Order will be under 1991 regulations ahead of medical treatment that effective from 1 October 2009. It does not affect the renders one or the other of them infertile that the lack legality of out-of-time storage before 1 October 2009. of transitional regulations in S.I., 2009, No. 1582 will The Government’s overriding priority is to have in result in embryos being destroyed against the express place a legal mechanism that will prevent these embryos wishes of the donor. from being destroyed. We have therefore concentrated 13P Petitions12 OCTOBER 2009 Petitions 14P our efforts on producing the Order to achieve that from TRANSPORT 1 October 2009. From what we know of the circumstances of the women affected, that will give them a number of Public Transport (Lancashire) years of additional storage. The Petition of the customers of Rossendale Transport, Declares that the announcement by Rossendale Borough Council, that they plan to test the market to ascertain the interest in Rossendale Transport Ltd with a view to HOME DEPARTMENT a possible sale of the company, is against the wishes of the thousands of people who have signed this Petition; notes that Rossendale Transport is one of the few local Air Guns (Control) authority-owned bus companies which makes a profit; believes that if such a sale were to proceed it could The Petition of residents of North Norfolk and others, seriously jeopardise public transport services in the Declares the Petitioners’ serious concern at the dangers Rossendale Valley which are essential to those without posed to dogs, humans and other animals by the lack of access to a car, particularly the young and the elderly; controls over access to air guns; notes the distress that and further declares that up to 200 jobs could be put at the loss of a beloved family pet can cause; expresses the risk. Petitioners’sympathy with the Currah family; and considers The Petitioners therefore request that the House of that the lack of practical restrictions on the use and Commons urge the Government to take any necessary purchase of air guns needs to be urgently addressed. action to prevent Rossendale Borough Council from The Petitioners therefore request that the House of selling off Rossendale Transport. Commons urges the Government to confirm they will And the Petitioners remain, etc.—[Presented by Janet take action to enforce the restrictions on the sale and Anderson, Official Report, 20 July 2009; Vol. 496, c. 721.] use of air guns. [P000398] And the Petitioners remain, etc.—[Presented by Norman Lamb, Official Report, 13 July 2009; Vol. 496, c. 128 .] Observations from the Secretary of State for Transport received on 14 August 2009: [P000390] I understand that the situation with regard to Rossendale Observations from the Secretary of State for Home Transport has changed significantly since this petition Department received 12 October 2009: was delivered to Parliament. The Government totally condemn the irresponsible On the 28th July 2009, Rossendale Borough Council or malicious use of air weapons and has the deepest announced that they had decided to halt its test marketing sympathy for those people who are injured or whose exercise of Rossendale Transport Ltd, having concluded pets are killed or maimed as a result. that indicative valuations made by a number of third The Government keep controls on air weapons under parties did not meet their expectations. The Council will close scrutiny and has strengthened the law considerably therefore retain its ownership of Rossendale Transport on several recent occasions. There is now a range of Ltd. strict laws against the misuse of air guns, including a I entirely share the views of the petitioners that prohibition on the sale of air guns to under-18s and public transport is absolutely essential to a great many controls on their possession in public. No one is allowed people, and the Department continues to work closely to have a loaded weapon in a public place without with operators and with local authorities to maintain reasonable excuse or lawful authority. Businesses which standards in public transport services. sell air weapons are now required to register with the police as dealers and to complete sales on a face-to-face In general terms, it is for local authorities to decide basis. the best model for buses in their area, and since the enactment of the Local Transport Act 2008, local It is an offence for persons of any age to fire an air authorities no longer require the approval of the Secretary weapon across the boundary of premises or to fire an of State to sell municipally owned bus operators. I air weapon within 50 feet (15 metres) of the centre of a believe that this change in legislation is entirely appropriate, public road in such a way as to endanger or impede any and that locally elected councils are much better placed road user. It is an offence to shoot pets and protected than central government to decide how to obtain the wild birds or animals. best quality of service, and the best value for money, for Other offences include trespass with an air weapon, local residents. having an air weapon with intent to damage property and having an air weapon with intent to endanger life. Taxis (Liverpool) The legislation gives courts the power to inflict a range of penalties ranging from heavy fines to life imprisonment The humble petition of Mr. Alan Watterson, of 81 Elm for the really serious offences. Vale Liverpool, the residents and taxi drivers of Wavertree There are encouraging signs that the new measures Constituency and surrounding area. are beginning to work and air gun offences are currently Sheweth, that the livelihoods of the legitimate taxi at their lowest level since the 1980’s. While this reduction and private hire trade in Liverpool are severely affected in the number of offences is to be welcomed, the by the cross border hiring of vehicles licensed in Government are not complacent and will continue to neighbouring boroughs; also sheweth that the safety keep controls under review to ensure that the irresponsible, and well-being of the taxi-using public is put at risk by reckless and criminal misuse of air weapons is tackled the use of such un-licensed vehicles as their insurance is vigorously wherever it occurs. nullified. 15P Petitions12 OCTOBER 2009 Petitions 16P

Wherefore your petitioners pray that your Honourable of Wellingborough to temporarily suspend the issue of House urges the Secretary of State for Communities any more Hackney Carriage licence plates until they and Local Government to consider amending the Local have carried out a demand survey; and that the suspension Government (Miscellaneous Provisions) Act 1976 to be kept until a clear public demand for more taxis has require taxis and private hire vehicles to return to the been established. licensing area when they have completed a hiring that And your Petitioners, as in duty bound, will ever terminates outside of that area. pray, &c.—[Presented by Mr. Peter Bone, Official Report, And your petitioners, as in duty bound, will ever 13 July 2009; Vol. 496, c. 129 .] pray, etc—[Presented by Jane Kennedy, Official Report, [P000391] 14 July 2009; Vol. 496, c. 1P .] Observations from the Secretary of State for Transport [P000395] received 11 August 2009: Observations from the Secretary of State for Transport Responsibility for the issuing of Hackney carriage received 3 September: licences rests with the local authority and it is for them Private Hire Vehicles (PHVs) are licensed in provincial to consider if numbers should be limited, according to areas of England and Wales under Part II of the Local the conditions that prevail in the licensing area. Limiting Government (Miscellaneous Provisions) Act 1976. Drivers, the numbers of taxis is unlikely to be in the best vehicles and operators (that is, those who arrange the interests of consumers. hirings) must all be licensed separately. They are licensed Section 16 of the Transport Act 1985, provides that by district/borough councils or unitary authorities and the grant of a taxi licence may be refused if the licensing the legislation terms the area within which a licensing authority is satisfied that there is no significant demand authority governs PHV activities a “controlled district”. for the services of Hackney carriages which is unmet. This issue is usually decided by means of a survey. However, travel patterns are, of course, not limited by local authority boundaries and it is inevitable that However, most licensing authorities do not control passengers’ requirements will involve journeys across the quantity of Hackney carriage licences issued. The district boundaries. Case law has established that the Department for Transport considers this best practice, legislation allows a licensed PHV operator to arrange a and publishes guidance to local authorities to this effect. hiring from anywhere to anywhere in the country so long as he uses for that hiring a vehicle and a driver Travel Passes (Lancashire) licensed by the same licensing authority as granted his operator’s licence. The Petition of residents of West Lancashire, and others, The construction of the Local Government Declares that the current arrangements of West (Miscellaneous Provisions) Act 1976 does not readily Lancashire District Council force disabled people and lend itself to the insertion of a simple alteration of the those over 60 years of age to choose between a national type envisaged by the petitioners. The principles governing off-peak bus pass and a discounted rail card; further cross-border hirings mentioned above arise from the declares that asking people to make a choice between interaction between sections 46(1), 75(2) and 80(2) of these two items is not acceptable; believes that local the 1976 Act. Any change to the cross-border hiring passholders should get a better deal, like their neighbours principles would necessitate much wider consideration in Wigan and Southport. of the Act itself. The Petitioners therefore request that the House of While I recognise that the issue of cross border Commons urges the Secretary of State for Transport to hirings is ripe for review, I am strongly of the view that do all in his power to ensure that West Lancashire any consideration of this particular element of the law District Council changes its arrangements so that disabled should be undertaken as part of a wider review of taxi people and those of sixty years of age are entitled to and PHV licensing law. both a national off-peak bus pass and a discounted However, I am afraid that I cannot give any indication national rail card. of when we might be in a position to undertake a full And the Petitioners remain, etc.—[Presented by Rosie review of taxi and PHV legislation; this would depend Cooper, Official Report, 20 July 2009; Vol. 496, c. 720 .] on wider Departmental and Parliamentary resource and timing considerations. [P000399] Observations from the Secretary of State for Transport received 11 August 2009: Taxis (Northamptonshire) Concessionary Travel is a popular and successful policy that gives the opportunity for greater freedom The Humble Petition of Hackney Carriage drivers and and independence to 11 million older and disabled associates of Wellingborough, Northamptonshire and people. The statutory minimum bus concession guarantees surrounding areas, free local bus travel for people aged over 60 and eligible Sheweth, that too many Hackney Carriage licence disabled people from 9.30 am until 11 pm on weekdays, plates are being issued in the Borough of Wellingborough and all day weekends and bank holidays. The concession and that this is causing there to be a surplus of taxis recognises the importance of public transport for older which is stopping drivers making a livelihood and people and the role access to transport has to play in threatening the level of service provided to the public. tackling social exclusion and maintaining well-being. Wherefore your Petitioners pray that your Honourable In addition to the Government’s bus concession scheme, House urges the Secretary of State for Communities train companies offer the Senior Railcard or the Disabled and Local Government to direct the Borough Council Persons Railcard which gives one third off the price of a 17P Petitions12 OCTOBER 2009 Petitions 18P large range of rail tickets. The Senior Railcard currently concession such as a discounted rail card and this is the costs £26 a year and the Disabled railcard is £18 a year. arrangement that I understand West Lancashire District The terms of this railcard are protected by the Department Council chooses to operate. for Transport through its Franchise Agreements with Local authorities are best placed to know about local the train operating companies. needs and circumstances and must fund any enhancements Local authorities, such as West Lancashire District to the statutory minimum concession from their own Council, have the power to improve the concession resources. Therefore any decision to offer both a discounted offered in their area beyond the statutory minimum. national rail card as well as a national off-peak bus pass These local enhancements can include extensions to would be a matter for West Lancashire District Council, other modes, such as trams, rail or community transport. taking into account the needs of their residents and Local authorities can also offer alternatives to the bus their financial priorities.

1W Written Answers12 OCTOBER 2009 Written Answers 2W

The Solicitor-General: No representations have been Written Answers to received concerning the safety of the conviction of Gary Critchley. Questions Police Cautions: Crimes of Violence

Mr. Hollobone: To ask the Solicitor-General what Monday 12 October 2009 proportion of serious violent crimes were disposed of by means of police caution rather than a court appearance in (a) Northamptonshire and (b) England in the last three years for which figures are available. SOLICITOR-GENERAL [290672] Claire Ward: I have been asked to reply. Gary Critchley Information showing the number of offenders cautioned and defendants proceeded against at magistrates courts : To ask the Solicitor-General what for serious violent offences in Northamptonshire and representations she has received concerning the safety England from 2005-07 (latest available) is shown in the of the conviction of Gary Critchley; and if she will following table. Data for 2008 are due to be available make a statement. [292384] towards the end of 2009.

Number of offenders cautioned1 and defendants proceeded against at magistrates courts for serious violent offences2, in Northamptonshire and England, 2005-073, 4 2005 2006 2007 Number Number Number cautioned as cautioned as cautioned as a percentage a percentage a percentage of those of those of those cautioned or cautioned or cautioned or Proceeded proceeded Proceeded proceeded Proceeded proceeded Cautioned against against Cautioned against against Cautioned against against

Northamptonshire 20 5172 5—325121 5—27556 5— England 911 11,233 8 875 10,721 8 666 10,496 6 1 From 1 June 2000, the Crime and Disorder Act 1998 came into force nationally and removed the use of cautions for persons under 18 and replaced them with reprimands and warnings. These figures have been included in the totals. 2 Covers the following: Homicide and child destruction Causing death by dangerous driving Attempted murder Wounding or inflicting grievous bodily harm without intent Racially aggravated wounding or inflicting grievous bodily harm Causing death by aggravated vehicle taking 3 The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences, the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 4 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. 5 The number of defendants proceeded against for Northamptonshire reflects the data received from the magistrates courts. However, during the period covered by the table, there were data quality issues. Hence, it would be unwise to place much credence in the drop of prosecutions over time and thus in the increase in the percentage cautioned if derived. Source: Evidence and Analysis Unit, Office for Criminal Justice Reform.

OLYMPICS The ODA, working with CLM, achieved significant savings of £390 million in the last year. The savings CLM: Finance derive primarily from reduction in scope and value engineering changes, procurement savings, inflation and VAT savings, and have been applied to cost pressures as Kate Hoey: To ask the Minister for the Olympics for they have arisen. In particular, they have been used to what reasons CLM was paid £60.2 million by the help fund the Olympic Village and ensuring that the Olympic Delivery Authority in performance-related programme overall can be delivered within budget. payments up to March 2009. [289243] CLM’s contract is heavily incentivised and payment to them is dependent on meeting strict performance Tessa Jowell: As outlined in the Olympic Delivery measures tied to delivering on time, to budget and to a Authority’s (ODA) 2008-09 Annual Report, performance high standard. payments are payable to CLM for the achievement of pre-agreed key performance indicators for the delivery Departmental Advertising of programme milestones and cost targets. Payments to CLM during the financial year 2008-09 : To ask the Minister for the Olympics reflect the increase in scale of the project in the last year how much (a) her Office and (b) the Government as construction activity increased, and the strong progress Olympic Executive spent on newspaper advertising by being made as the project remains on track and within publication in the latest year for which figures are budget. available. [289479] 3W Written Answers12 OCTOBER 2009 Written Answers 4W

Tessa Jowell: In 2008-09, the amounts spent on newspaper Average advertising were as follows: Numbers PRP Private office of the Minister for the Olympics—Nil. Pay of Total PRP payment band Employee type employees paid1 (£) (£) Government Olympic Executive—£16,210.44 (comprising payments of £5,551.96 to the Central Office of Information; and 1 Projects/ 45 69,468 1,544 £10,658.48 to Sports Recruitment International for advertisements Administrative in and Timesonline). All advertising expenditure by support the Government Olympic Executive was for recruitment purposes. 2 Executives/ 27 76,038 2,816 Officers 3 Managers/ 66 553,602 8,388 Members: Correspondence Technical professionals 4 Heads of 26 487,246 18,740 Mr. Burstow: To ask the Minister for the Olympics function when she plans to reply to the letter from the hon. 5 Directors 7 316,457 45,208 Member for Sutton and Cheam, dated 16 February 6 CEO 1 204,930 204,930 2009, reference Evans/110209/st/2. [288638] Total 172 1,707,741 9,929 Note: Tessa Jowell [holding answer 21 July 2009]: On receipt Excluding national insurance. of the letter dated 16 February, my officials forwarded a copy of my response (via email) to the hon. Member’s Kate Hoey: To ask the Minister for the Olympics for constituency office in February 2009. what reasons the Chief Executive of the Olympic Due to an administrative oversight a written response Delivery Authority was awarded a bonus of £209,000 was not sent to the hon. Member’s letter of 16 February. in respect of 2008-09; and whose agreement was sought I have replied to this letter on 29 July 2009 and apologise before the bonus was awarded. [289249] for the delay. Tessa Jowell: The chief executive of the Olympic Delivery Authority (ODA), David Higgins, has a Olympic Delivery Authority: Pay performance-based pay element within his contract agreed by the Minister for the Olympic and Paralympic Games. Bob Spink: To ask the Minister for the Olympics how This is linked to delivery on time and within budget. much was paid in bonuses to (a) directors, (b) senior The basis of performance pay is agreed by DCMS and managers, (c) specialist and delivery managers and (d) the level is determined by the remuneration committee executive support and administration staff in the of the ODA Board. Olympic Delivery Authority in the last 24 months. The ODA’s Annual Report and Accounts for 2008-09, [280616] copies of which have been placed in the House Library, records the progress in 2008-09, this records significant achievements including: Tessa Jowell: Staff are broken into pay bands across the Olympic Delivery Authority (ODA). Details of keeping the programme on track and on budget; performance related pay (PRP) payments in each pay delivering the first venue, Weymouth and Portland National band for the year ended 31 March 2009 are set out in Sailing Academy in November 2008, on time and within the following table: budget; delivering the £288 million Power Lines Undergrounding Project Average in December 2008 on time and on budget; Numbers PRP Pay of Total PRP payment starting work on the Main Stadium, the Aquatics Centre and band Employee type employees paid1 (£) (£) the Velodrome ahead of schedule; and meeting challenging cost and health and safety targets. 1 Projects/ 54 82,937 1,535 Administrative On the basis of his contract the remuneration committee support determined that a performance related payment of £209,566 2 Executives/ 39 134,746 3,455 was the appropriate amount to recognise the chief Officers executive’s performance, However, Mr. Higgins said, in 3 Managers/ 77 686,708 8,918 July, that he had voluntarily agreed to defer half of his Technical performance-based pay until 2012, subject to the satisfactory professionals delivery of the current programme and scope, within 4 Heads of 28 514,882 18,389 function the maximum available funding agreed by the Minister. 5 Directors 7 282,629 40,375 As John Armitt, Chair of the ODA said “None of 6 CEO 1 2104,783 104,783 our progress over the year would have been possible Total 206 1,806,685 8,770 without the hard work of the team at the ODA led by 1 Excluding national insurance. David Higgins”. 2 Actual bonus agreed by the Remuneration Committee was £209,566. The CEO voluntarily deferred half that amount. Kate Hoey: To ask the Minister for the Olympics if The equivalent figure for the year ended 31 March she will make it her policy that the expense claims of 2008 is approximately £1.7 million. A breakdown into the Chief Executive of the Olympic Delivery Authority pay bands for that year appears in the following table: (ODA) be itemised on the ODA’s website. [289250] 5W Written Answers12 OCTOBER 2009 Written Answers 6W

Tessa Jowell: A summary of expenses for the Olympic the definition used by HM Revenue and Customs and Delivery Authority chairman, chief executive, board other public authorities which deems a person to be members and directors is available on the London 2012 resident in an area from the day they move to a permanent website. The summary is itemised for hotel, entertainment and specific address. As there is no minimum period of and other costs. residence required for a person to be classified as being a resident, the ODA does not report on this information. Olympic Games 2012 Each worker on the Olympic Park must provide a recognised permanent address. As part of this process Mr. Brady: To ask the Minister for the Olympics what UK Border Agency (UKBA) staff work on site with the estimate she has made of the amount of sponsorship ODA and contractors to ensure that people employed and advertising financing by manufacturers and retailers on the Olympic Park are legally entitled to do so. of alcoholic drinks of the London 2012 Olympics. UKBA have been on the site performing this role since [291360] April 2008. The Government and the ODA are committed to Tessa Jowell [holding answer 16 September 2009]: creating a jobs and skills legacy for London and the UK There are a number of possible categories that the from the London 2012 games. A whole range of measures London Organising Committee of the Olympic Games has been put in place to ensure local people are well and Paralympic Games (LOCOG) is exploring to raise placed to benefit from employment and training on the sponsorship revenue, including in the alcoholic drinks Olympic site including being given 48 hours exclusive sector. Most previous games have had a domestic access to job vacancies through local brokerage services. commercial provider of beer and wine, including Beijing in 2008. Olympic Games 2012: Hertfordshire Currently, LOCOG has no commercial partners for the provision of alcoholic drinks. I am unable to disclose Mike Penning: To ask the Minister for the Olympics any estimates for this sponsorship category as this would what assessment she has made of the legacy to be commercially sensitive. Hertfordshire from the London 2012 Olympics. Olympic Games 2012: Cycling [289431] Tessa Jowell: I refer the hon. Member to the answer I Dr. Evan Harris: To ask the Minister for the Olympics gave to the hon. Member for Broxbourne (Mr. Walker) what discussions she has had with the International on 1 September 2009, Official Report, columns 162W Olympic Committee on the number of cycling events to and 163W. be open to (a) men and (b) women at the London 2012 Olympics; and if she will make a statement. [290665] Olympic Games 2012: Paralympic Games 2012 Tessa Jowell [holding answer 9 September 2009]: I have not had direct discussions with the International Hugh Robertson: To ask the Minister for the Olympic Committee. However, the Minister for Sport Olympics how much funding under which budgetary and I have had discussions with the British Olympic headings will be allocated under the programme Association and UK Sport. I have also spoken to British delivery budget for the London 2012 Olympic and Cycling on this matter. The International Cycling Federation Paralympic Games. [284552] recently submitted a request to the International Olympic Committee (IOC) for new cycling events to be included Tessa Jowell [holding answer 6 July 2009]: Of the in the 2012 Olympic programme. The IOC Executive public sector budget of £9.325 billion: Board indicated that this could happen, especially if the £8.099 billion, including contingency of up to £1.972 billion, is new events increase the participation of women at the available to the Olympic Delivery Authority for the venues and games and on condition that they replace events already infrastructure construction programme; on the programme. Current events can be replaced with £290 million has been invested in maximising the benefit to new ones only if the total number of athletes is maintained. elite and community sport of hosting the 2012 games; A final decision will be made at the IOC congress in £66 million is the Government’s planned contribution to the October. cost of hosting the Paralympic games; £32 million has been allocated to the Look programme; Olympic Games 2012: Employment £838 million, including £238m contingency, has been allocated to Security. Alistair Burt: To ask the Minister for the Olympics I refer the hon. Member to the January 2008 and (1) how many of the construction workers at the January 2009 Annual Reports on the London 2012 Olympic Park who are classified as local residents had Olympic and Paralympic games and to the Quarterly lived in the area for less than (a) three months, (b) six Economic Reports on the Games published in May and months and (c) one year prior to their employment at July 2009, all of which contain more detailed information. the Olympic Park; [285107] (2) what criteria are used to classify construction Olympic Games 2012: Plants workers wishing to obtain employment at the Olympic Park as local residents. [285110] Miss McIntosh: To ask the Minister for the Olympics what measures she has introduced to ensure that the Tessa Jowell: Only workers that give a permanent provision of (a) plants, (b) trees and (c) shrubs for address in one of the five host boroughs are counted as the London 2012 Olympics have a low environmental local. The Olympic Delivery Authority (ODA) has adopted impact. [291685] 7W Written Answers12 OCTOBER 2009 Written Answers 8W

Tessa Jowell: All contracts for the supply of plants Nick Harvey: No guidance on using computer facilities are let in accordance with the Olympic Delivery Authority’s within the House of Commons to register domain (ODA) Sustainability Strategy which, among other things, names has been issued. sets standards for minimising energy, waste and water use, and includes transport miles. Members: Email As many of the trees, shrubs, herbaceous plants and seed as possible are specified in contract documents to Mr. Hurd: To ask the hon. Member for North Devon, be of British origin for ecological reasons. This is in representing the House of Commons Commission pursuant order to meet the Olympic Biodiversity Action Plan to the answer to the right hon. Member for Horsham of targets for Games and Transformation as well as reducing 24 April 2009, Official Report, column 948W,on Members: transport and energy input. Peat-free composts are also email, what the cost is of the encryption software specified in all the ODA’s contracts for plant supply. recommended by Parliamentary Information and The ODA is also installing an irrigation system to Communication Technology service. [288674] ensure the establishment of all planting. It will use a non-potable water supply, designed to reduce water Nick Harvey: The cost of the software per user is £63 demand. excluding VAT. Advanced plant procurement has secured approximately 2,000 semi mature trees from a UK nursery. The contract Members: Parking has also been let for the advanced procurement of approximately 240,000 wetland plants from a UK supplier. John Mann: To ask the hon. Member for North Current work is ongoing to secure advanced growing of Devon, representing the House of Commons Commission herbaceous plants for 2012 Gardens. Clauses included how many hon. Members have a parliamentary car in the plant procurement contracts require certain parking pass. [291988] environmental standards to be met for nursery stock production and supply of stock. Nick Harvey: There are currently 329 hon. Members with valid parking permits.

HOUSE OF COMMONS COMMISSION Outreach Officers: Manpower

Drinking Water Mr. Stephen O’Brien: To ask the hon. Member for North Devon, representing the House of Commons Mrs. Gillan: To ask the hon. Member for North Commission how many outreach officers the House Devon, representing the House of Commons employs; and what cost in 2008-09. [289459] Commission what expenditure the House of Commons Commission incurred in commissioning the report on Nick Harvey: The Parliamentary Outreach service carbon comparison of water provision options for the currently employs eight outreach staff, six of whom are House’s committee rooms. [291459] regional outreach officers. The regional outreach officers work mainly with community and voluntary groups Nick Harvey: The cost of the report “A carbon and in the museums libraries and archives sector. They comparison of water provision options for the House of also support select committees. Commons committee rooms” was £7,000. Parliament’s Education Service employs four educational East of England Regional Grand Committee outreach officers, who work in schools and train and support teachers in the delivery of the political literacy element of the citizenship curriculum and the politics Bob Spink: To ask the hon. Member for North Devon, curriculum. representing the House of Commons Commission what expenditure under what budgetary heading was incurred Both these services are bicameral, the House of Lords in respect of the East of England Regional Grand paying for 30 per cent. of the costs. Current annual staff costs, including pension and national insurance Committee meeting of 8 September 2009. [291832] contributions, as at July 2009, are as follows: Nick Harvey: The identifiable expenditure incurred in Annual cost of outreach, as at July 2009 respect of the East of England Regional Grand Committee £ meeting of 8 September 2009 is expected to amount to House of Commons around £1,600. The budgetary headings are travel and Total cost share subsistence expenses for staff from the Department of Parliamentary 351,557 246,089 Chamber and Committee Services (clerks, Doorkeepers, Outreach Hansard sub-editors) and the provision of sound equipment Educational outreach 182,702 127,891 by the House’s contractors Ubiqus UK Ltd. (Westminster Total 533,259 373,980 Sound Systems). Internet: Registration Parliamentary Network: Computer Viruses

Mr. Hurd: To ask the hon. Member for North Devon, Mr. Hurd: To ask the hon. Member for North Devon, representing the House of Commons Commission what representing the House of Commons Commission what guidance has been given on using computer facilities in steps are being taken to prevent future infections of the the House to register domain names. [288682] parliamentary network by computer viruses. [288679] 9W Written Answers12 OCTOBER 2009 Written Answers 10W

Nick Harvey: PICT frequently reviews and updates poster advertisements promoting (i) voting and (ii) voter systems, in line with industry standards and practices, registration in the period up to the (A) 2005 general to manage the risk of computer infections. election and (B) 2009 elections to the European Parliament. [281365]

LEADER OF THE HOUSE Mr. Streeter: The Electoral Commission informs me that it ran public information campaigns for both elections. Departmental Training Each campaign comprised two phases, the first to provide information on registration, the second on voting. John Mason: To ask the Leader of the House how Expenditure on buying advertising for the 2005 general many external training courses were attended by staff election campaign was as follows (figures rounded to of her Office in the last 12 months; and what the cost the nearest thousand): was of each course. [289608] £ Barbara Keeley: Training courses are just one aspect Registration phase Voting phase of the development opportunities open to civil servants Television 1,361,000 1,915,000 in the Office of the Leader of the House of Commons, Radio 21,000 811,000 and every member of staff discusses their personal Posters 0 25,000 development as part of their appraisal process. Information on courses attended is not held centrally The Commission spent a further £496,000 on producing and could be provided only at disproportionate cost. advertising for this campaign. However, during the past 12 months members of staff The Commission’s expenditure on buying advertising participated in training provided by external training for the 2009 elections to the European Parliament was organisations and internal training courses which are as follows (figures rounded to the nearest thousand): provided by the Cabinet Office free of charge. £ Empty Dwelling Management Orders: Legal Costs Registration phase Voting phase

Robert Neill: To ask the Leader of the House if she Television 1,249,000 16,000 will issue guidance on the reclamation of legal fees from Radio 395,000 164,000 the Additional Cost Allowance incurred in challenging Posters 84,000 0 an Empty Dwelling Management Order. [290421] The Commission spent a further £533,000 on producing advertising for this campaign. Barbara Keeley: The Leader of the House does not issue guidance on the rules relating to the use of allowances. : To ask the hon. Member for South Hon. Members may seek advice on allowances from West Devon, representing the Speaker’s Committee on the Department of Resources. theElectoralCommissionhowmuchtheElectoralCommission plans to spend on (a) encouraging voter registration Impact Assessments and (b) encouraging voting through (i) television, (ii) radio and (iii) poster advertisements in advance of the Mrs. Spelman: To ask the Leader of the House for next general election. [281366] what reasons an impact assessment was not produced Mr. Streeter: The Electoral Commission informs me to accompany the Draft Legislative Programme for that it currently plans to spend approximately £2.2 million 2009-10. [289807] on advertising for its campaign in advance of the next general election. It is not yet possible to break down this Barbara Keeley: The Draft Legislative Programme set expenditure in the way requested as this will depend on out the broad content of 11 bills which the Government when an election takes place and on the amount of are proposing to take through Parliament in the 2009-10 notice given of an election. parliamentary session. Three of those bills have recently been introduced (Equality, Child Poverty and Constitutional Voting Behaviour Reform and Governance) and a further two have been published in draft (Bribery and Flood and Water Mr. Stephen O’Brien: To ask the hon. Member for Management). Each of those five bills is accompanied South West Devon, representing the Speaker’s Committee by full impact assessments. The remaining six bills are on the Electoral Commission what recent assessment new proposals for consultation and, if they are introduced, the Electoral Commission has made of voting behaviour they will also be accompanied by full impact assessments. at elections. [289569] Mr. Streeter: The Electoral Commission informs me that it considers voter turnout and the take up of postal ELECTORAL COMMISSION COMMITTEE voting at elections as part of its annual election reports. However, it makes no assessment of voter intentions or Electoral Commission: Publicity behaviour in terms of support for political parties. The Commission will publish its reports on the 2009 Justine Greening: To ask the hon. Member for South European parliamentary elections and local elections in West Devon, representing the Speaker’s Committee on England in October 2009. Reports on previous elections the Electoral Commission how much the Electoral are available on the Commission’s website: Commission spent on (a) television, (b) radio and (c) www.electoralcommission.org.uk 11W Written Answers12 OCTOBER 2009 Written Answers 12W

NORTHERN IRELAND Departmental Recycling

Ambulance Services: Crimes of Violence Stewart Hosie: To ask the Secretary of State for Northern Ireland what proportion of his Department’s Dr. McCrea: To ask the Secretary of State for waste was recycled in the latest period for which figures Northern Ireland (1) when he last met representatives are available. [289668] of the Northern Ireland Fire Service to discuss attacks on their staff whilst on duty; [289265] Mr. Woodward: Complete data on what proportion (2) when he last met with senior Ambulance Service of waste was recycled are not available. However, all officials to discuss attacks on their staff whilst on duty buildings are involved in recycling. A cross-departmental recycling scheme on the Stormont estate, which covers a in Northern Ireland. [289266] large proportion of staff, shows Paul Goggins: The PSNI is committed to bringing to an average recycling rate from June 2008 to May 2009 justice those who carry out these abhorrent attacks. I of 45 per cent. have not met with senior officials or representatives We are constantly looking at ways to improve recycling from Northern Ireland Fire and Rescue Service and rates, for example by providing recycling bins in each Northern Ireland Ambulance Service recently. However, office, and new contracts are being put in place to the Health Minister for Northern Ireland is aware of extend the scope of recycling. my continued concern for the well-being of emergency The latest assessment of Government’s performance services staff against these targets was published by the Sustainable Arrests: Civil Disorder Development Commission on 12 December 2008: http://www.sd-commission.org.uk/sdig2008/ Dr. McCrea: To ask the Secretary of State for Northern Ireland how many people were arrested Departmental Responsibility during rioting in Ardoyne in North Belfast on 13 July 2009. [289284] Mr. Brady: To ask the Secretary of State for Northern Paul Goggins: As this is an operational matter for the Ireland which Minister in his Department has been Chief Constable I have asked him to reply directly to assigned responsibility for overseeing the delivery of the hon. Gentleman, and will arrange for a copy of the value for money in his Department; whether his Department letter to be placed in the Library of the House. has established a public sector reform team to implement service reforms; and if he will make a statement. Aviation: Meetings [289735]

Dr. McCrea: To ask the Secretary of State for Mr. Woodward: My right hon. Friend the Minister of Northern Ireland when he last met Northern Ireland State for Northern Ireland (Paul Goggins) has been Executive Ministers to discuss a regional aviation assigned responsibility for overseeing the delivery of strategy for Northern Ireland. [289264] value for money in the Northern Ireland Office. The Northern Ireland Office is committed to reforming Paul Goggins: I have had no requests from Northern public services to improve services for the citizen and Ireland Executive Ministers for such a meeting. Civil the Department has established a Business Performance aviation is a reserved matter and is the responsibility of Review Team (BPRT) to implement reforms. BPRT is my right hon. Friend the Secretary of State for Transport. working closely with colleagues in the centre of Government Bomb Disposal on this important agenda.

Dr. McCrea: To ask the Secretary of State for Mr. Crabb: To ask the Secretary of State for Northern Ireland how many bomb devices have been Northern Ireland for which non-departmental public defused by the Army Bomb Disposal Squad in bodies and executive agencies he will continue to have Northern Ireland in the last (a) six and (b) 12 months. responsibility in circumstances in which responsibility [289263] for policing is devolved to the Northern Ireland Assembly. [291457] Paul Goggins: Over the past (a) six and (b) 12 months Army Explosive Ordnance Disposal personnel Mr. Woodward: Those public bodies and their status (EOD) have defused 23 and 56 live bomb devices which will be retained by the NIO at the point of respectively. devolution are as set out in the following table. While it is anticipated that parading will not devolve immediately, Departmental Advertising its future will be determined by the outcome of the Strategic Review of Parades chaired by Lord Ashdown. Pete Wishart: To ask the Secretary of State for Northern Ireland how much his Department spent on Body Status newspaper advertising by publication in the latest year for which figures are available. [289478] Crown Solicitor’s Office Legal Office Northern Ireland Human Rights Executive NDPB Mr. Woodward: The finance system of the Northern Commission Boundary Commission for Northern Advisory NDPB Ireland Office (NIO) does not break down advertising Ireland expenditure in the detail requested therefore these figures Sentence Review Commissioners Independent Office Holders could be provided only at disproportionate cost. 13W Written Answers12 OCTOBER 2009 Written Answers 14W

External training courses attended in 2008-09 Body Status External course Cost (£) Remission of Sentences Independent Office Holders Delivering Project Excellence Seminar 80 Act Commissioners Dell San Course Combo 8,000 The Chief Electoral Officer Independent Office Holder Developing Applications using Visual Basic 396 The Civil Service Commissioners Independent Office Holder Developing Future Managers 1,200 Independent Monitoring International Body Commission Disability Discrimination 20 Independent International International Body Dods Parliamentary Communications 454 Commission on Decommissioning Drafting Statutory Instruments 865 Inquiry Effective Briefing 1,365 Hamill Inquiry Inquiry Effective Manager 1 1,725 Wright Inquiry Inquiry Effective Ministerial Correspondence 755 Nelson Inquiry Inquiry Effective Presentations for Senior Managers 1,620 Office of the Surveillance Misc Effective Speech Writing 1,350 Commissioner Effective Writing 1,550 Parades Commission Executive NDPB Effectively Tackle Reoffending 811 Reviewer of police and military Independent Office Holder (NB Not Employment Law in NI 70 powers under the Justice and yet appointed) Security (Northern Ireland) Equality Law Update 907 Act 2007 Essential Media Skills 825 Independent Commission for the International Body Ethical Hacking and Penetration Testing 1,680 Location of Victims’ Remains Executive PA Conference 2,026 Departmental Training Finance for Non-Financial Managers 1,414 First Aid Course 190 Gateway Review Team Member to Leader 400 John Mason: To ask the Secretary of State for Workshop Northern Ireland how many external training courses Health and Safety 200 were attended by staff of his Department in the last 12 Helpdesk phone system course 550 months; and what the cost was of each course. [289679] High Court Litigation Seminar 60 How can we most effectively tackle reoffending 276 Paul Goggins: The following table details external How Parliament Works 530 training courses attended by staff in the Northern Ireland IFRS Prepare the shadow accounts 1,840 Office in the last 12 months; and the associated cost for Immigration Law in Northern Ireland 375 each course: Impact Assessment—Equality/Diversity in Policy 440 Making and Service Delivery External training courses attended in 2008-09 Implementing the Taylor Reforms 734 External course Cost (£) Industrial Tribunal Case Law 40 Accelerated SQL Server 2005 439 Institute of Internal Auditors—MIIA Advanced 1,069 Case Study Paper 4 Acrobat Introduction 185 Institute of Internal Auditors—MIIA revision 588 Advanced SAP System Monitoring—ADM106 1,800 workshop Advanced Writing 775 Introduction to Audit 450 Advocacy Course 1,100 Introduction to Central Gov Finance 475 AEP Net Technical Training 5,200 Introduction to Civil Protection 1,137 Analysis and Use of Evidence for Senior Managers 895 Introduction to Infosec 2,725 Anti Money Laundering 70 Introduction to Project Management 430 Basic Consultation Processes 305 ISEB Foundation Certificate in Software Testing 1,752 Business Case Appraisal 900 IT Training 382 CCTV User Group Seminar (x2 Staff) 938 ITIL Foundation Course 1,590 CIPD 119 ITIL Practitioner in Service Level Management 1,100 Civil Contingencies 411 Land Law Reform Project 65 Civil Procedure in the County Court 70 Lateral Thinking 156 Communications and Marketing 500 Leadership and Team Building 293 CommVault v7 Training 2,373 Leadership Challenges for Women in Middle 1,145 Concepts in Accreditation 1,800 Management Contentious Costs 823 Leadership Presence 1,395 Contracts of Employment 20 Legal Professional Training 494 Conveyance Workshop 70 Legal Research On-Line Workshop 140 CPD Technical Update 60 Libel and Defamation 70 CPD Training 1,694 M2261 Course 1,191 Crypto Custodian Course 395 M2261 Win XP Ops System 857 Crystal Reports XI Level 1 439 M2262 Course 891 Current Developments in Administrative Law 374 M2262 Win XP Ops System 569 Customer Service Excellence 59 M2273 Managing and Maintaining MS Windows 876 Data Protection Certificate 2,330 Server Deaf Awareness Training 500 M2279 Planning, Implementing and Maintaining 876 Dealing with Conflict in the Workplace 1,512 MS Server Active Directory Dealing with Negative Attitudes 228 M2543 Core Web App Tech with M/S Visual 876 Deaths in Hospitals 80 Studio 15W Written Answers12 OCTOBER 2009 Written Answers 16W

External training courses attended in 2008-09 External training courses attended in 2008-09 External course Cost (£) External course Cost (£)

M2547 Adv Windows Forms with MS Visual 796 Prince2 Managing Successful Projects 1,095 Studio PRINCE2 Practitioner 2,740 M2667 Intro to Programming 597 PRINCE2 Re-Accreditation 1,657 M2780 Maintaining MS SQL Server 2005 DB 3,104 Programme Management for Fast Stream 795 M5047 Implementing and Managing MS 1,752 Programme Management Overview 905 Exchange 2007 Project Leadership 454 Major Trauma and Drug Abuse 20 Project Management Survival Guide 2,611 Management of Risk 1,940 Records Management Diploma 3,768 Managing Operational Contracts 695 Resource Budgeting 518 Managing Successful Programmes Foundation 960 Resource Budgeting Estimates to Accounts 900 Managing the passage of legislation 430 Risk Management 834 Managing time 410 SCS Base camp 2,000 Manual Handling Instructors’ and Assessors’ 1,029 SDI Service Desk Analyst Course 5,391 Mental Health Law 315 Shared experience from triggers 1 and 2 173 Mental Health Law and Offender Patients 210 Sign Language Taster 150 Microsoft Word 100 Six Thinking Hats 902 MIIA Distance learning study course 368 Special Investigators Group 61 Mind Mapping 1,366 Stakeholder Engagement 1,720 Minute Taking Course 1,330 Stress Recognition and Management 65 Mortgage Fraud 90 Sustainable development for decision makers 398 Mortgage Repossessions 70 Tackling Difficult HR Issues 403 MS Access 592 Thinking On Your Feet 385 MS Excel 200 Time Management 1,175 MS Excel Intermediate 200 Transforming NI 398 MS Project introduction 412 Understanding NI Assembly 890 MS Word 100 Visio 390 MSE2K7 Exchange 2007 Accelerated Workshop 876 Visual Basic VB.Net Course 2,250 New Standards New Challenges 95 VM Ware Install and Configure Course 9,464 ORACLE database 10g administration workshop 2 2,321 Workshop on Civil Recovery Orders 344 Overview of Legislation 315 Writing Dynamics 6,776 Parliament Government and the Civil Service 2,500 Parliamentary Questions 430 Personal Development for Disabled People 3,510 Departmental Travel Personal Injury Litigation 90 PFI on-depth 224 Justine Greening: To ask the Secretary of State for Piloting your Bill through Parliament 240 Northern Ireland how much his Department spent on Policing, Partnership and Accountability 1,102 (a) car hire, (b) air travel, (c) hotels and (d) Policy, Management and Research in the Historic 51 restaurant meals for (i) Ministers and (ii) staff in his House Sector Department in each of the last five years. [289974] Political Intelligence 450 Practice and Procedure in the County Court 70 Paul Goggins: The following table shows how much Preparing Business Cases 1,550 the Northern Ireland Office, including the Public Preparing for an Industrial Tribunal 394 Prosecution Service Northern Ireland, and excluding its Pre-retirement Course 430 agencies and NDPBs has spent on (a) car hire, (b) air Presentation and Communication Skills 1,200 travel (c) hotels and (d) restaurant meals for (i) Ministers Presentation Skills 300 and (ii) staff in his Department in each of the last five Presuming to Interpret 110 years. Preventing Violent Extremism 217 All spending on official entertainment is made in PRINCE2 755 accordance with HM Treasury’s “Managing Public PRINCE2 Foundation 3,475 Money”.

Thousand 2004-05 2005-06 2006-07 2007-08 2008-09

Car Hire1 Ministers 0 10 8 7 3 NIO Staff 70 63 42 67 70

Air Travel2 Ministers 573 562 637 535 751 NIO Staff 1,047 1,073 1,107 977 750

Hotels3 Ministers 4— 4— 4—26 NIO Staff 4— 4— 4— 201 199 17W Written Answers12 OCTOBER 2009 Written Answers 18W

Thousand 2004-05 2005-06 2006-07 2007-08 2008-09

Restaurant meals5 Ministers 6— 6— 6— 6— 6— NIO Staff 6— 6— 6— 6— 6— 1 There may also be car hire costs within other expenditure codes including general travel. To extract these costs, and verify that they are related to car hire, would exceed the disproportionate cost threshold of £750. 2 Travel by Ministers and civil servants is undertaken in accordance with the Ministerial Code and the Civil Service Management Code respectively. 3 Up until 2006-07, hotel expenditure was included within night subsistence costs. To extract only hotel costs in these years would exceed the disproportionate cost threshold of £750. 4 Figures not available prior to 2007-08. 5 Expenditure on restaurant meals is included within subsistence or hospitality expenditure. To extract only restaurant meal costs would exceed the disproportionate cost threshold of £750. 6 Figures not available.

Devolution Secretary and myself. I have not recently discussed this issue with the Northern Ireland Minister for Enterprise, Mr. Crabb: To ask the Secretary of State for Northern Trade and Investment (Arlene Foster MLA), but she Ireland what timetable he has set for devolution of met the Secretary of State for Business, Innovation and responsibility for policing to the Northern Ireland Assembly. Skills during his visit to Belfast earlier in the year. [291458] Orange Halls Paul Goggins: The Government favours early devolution of responsibility for policing and justice, in line with the Dr. McCrea: To ask the Secretary of State for Northern process set out by the First and Deputy First Minister Ireland how many attacks on Orange Halls were reported in November 2008. It welcomes the introduction in the in each of the last 12 months in Northern Ireland. Northern Ireland Assembly of a Bill to establish a new [289259] Department of Justice, and looks forward to the Assembly approving a resolution seeking a transfer of powers, as Paul Goggins: As this is an operational matter for the set out in section 4 of the Northern Ireland Act 1998. It Chief Constable I have asked him to reply directly to is making intensive efforts to clear the remaining obstacles. the hon. Gentleman, and will arrange for a copy of the letter to be placed in the Library of the House. Drugs: Sentencing Police Service of Northern Ireland Dr. McCrea: To ask the Secretary of State for Northern Ireland how many people have been (a) Dr. McCrea: To ask the Secretary of State for Northern arrested and (b) sentenced for drug-dealing offences in Ireland how many Police Service of Northern Ireland Northern Ireland in the last 24 months. [289305] stations are planned to be closed in the next (a) 12, (b) 24 and (c) 36 months. [289306] Paul Goggins: In 2007-08 there were 736 persons and in 2008-09 there were 772 persons arrested for drug-dealing Paul Goggins: That is an operational matter for the offences in Northern Ireland. Chief Constable. I have asked him to reply directly to the hon. Member, and a copy of his letter will be placed Conviction data for 2007 and 2008 are not available. in the Library of the House. In 2005 there were 149 persons and in 2006 there were 159 persons sentenced for drug-dealing offences in Northern Police Service of Northern Ireland: Army Ireland. Data for arrests relate to the offence for which a Dr. McCrea: To ask the Secretary of State for person is initially charged while data for convictions Northern Ireland how many times the Army has relate to the offence for which a person is tried. Not all provided assistance to the Police Service of Northern persons arrested for drug-dealing are tried for this Ireland in its policing of the marching season in 2009. particular offence; for instance, if there is insufficient [289281] evidence persons may be tried for a lesser offence, such as drug possession. Paul Goggins: As this is an operational matter for the Both data for arrests and convictions are collated on Chief Constable I have asked him to reply directly to the principal offence rule; only the most serious offence the hon. Gentleman, and will arrange for a copy of the with which an offender is charged is included. letter to be placed in the Library of the House. Economic Situation Police: Injuries

Dr. McCrea: To ask the Secretary of State for Northern Dr. McCrea: To ask the Secretary of State for Northern Ireland when he last met the Northern Ireland Executive Ireland how many police officers were injured by rioters Minister for Trade and Industry to discuss the economic at Rasharkin in County Antrim on 13 July 2009. downturn in the Province. [289283] [289256]

Mr. Woodward: A discussion on the economy formed Paul Goggins: As this is an operational matter for the part of the recent meeting of the Joint Ministerial Chief Constable I have asked him to reply directly to Committee, attended by the Northern Ireland First and the hon. Gentleman, and will arrange for a copy of the deputy First Ministers, the Prime Minister, the Chief letter to be placed in the Library of the House. 19W Written Answers12 OCTOBER 2009 Written Answers 20W

Dr. McCrea: To ask the Secretary of State for Security Northern Ireland how many police officers were injured by rioters at Ardoyne on 13 July 2009. [289272] Dr. McCrea: To ask the Secretary of State for Northern Ireland when he last met the First Minister Paul Goggins: As this is an operational matter for the of the Northern Ireland Executive to discuss the Chief Constable I have asked him to reply directly to security situation in the Province. [289282] the hon. Gentleman, and will arrange for a copy of the letter to be placed in the Library of the House. Paul Goggins: The Secretary of State meets the First Minister regularly to discuss a range of issues, including Police: Vehicles the security situation. Terrorism Dr. McCrea: To ask the Secretary of State for Northern Ireland how many police vehicles on average were available Dr. McCrea: To ask the Secretary of State for Northern for duty in the night time in the (a) Cookstown, (b) Ireland how many death threats issued by dissident Magherafelt, (c) Antrim and (d) Newtonabbey Council Republicans to (a) former members of the security area in the last 12 months. [289260] forces and (b) members of the public resident in the Magherafelt District Council area have been reported Paul Goggins: That is an operational matter for the in the last 12 months. [289276] Chief Constable. I have asked him to reply directly to the hon. Member, and a copy of his letter will be placed Paul Goggins: As this is an operational matter for the in the Library of the House. Chief Constable I have asked him to reply directly to the hon. Gentleman, and will arrange for a copy of the letter to be placed in the Library of the House. Dr. McCrea: To ask the Secretary of State for Northern Ireland how many police vehicles were damaged by Weapons: Licensing rioters at Ardoyne on 13 July 2009. [289278] Dr. McCrea: To ask the Secretary of State for Paul Goggins: As this is an operational matter for the Northern Ireland how many licences for personal Chief Constable I have asked him to reply directly to protection weapons have been issued in each of the last the hon. Gentleman, and will arrange for a copy of the three years. [289398] letter to be placed in the Library of the House. Paul Goggins: That is an operational matter for the Prisoners: Maghaberry Prison Chief Constable. I have asked him to reply directly to the hon. Member, and a copy of his letter will be placed in the Library of the House. Dr. McCrea: To ask the Secretary of State for Northern Ireland how many dissident (a) republicans and (b) Dr. McCrea: To ask the Secretary of State for loyalist prisoners are being held at Maghaberry Prison. Northern Ireland how many licences for personal [289279] protection weapons have been revoked in each of the last three years. [289399] Paul Goggins: On 22 July, the number of prisoners recorded as being affiliated to dissident republican groups Paul Goggins: That is an operational matter for the held in Maghaberry prison was 46; there were 112 Chief Constable. I have asked him to reply directly to loyalist prisoners on a similar basis. the hon. Member, and a copy of his letter will be placed in the Library of the House. Prisoners: Magilligan Prison Young People: Missing Persons

Dr. McCrea: To ask the Secretary of State for Dr. McCrea: To ask the Secretary of State for Northern Northern Ireland how many dissident republicans are Ireland how many young people were recorded as going being held in Magilligan prison. [289280] missing in Northern Ireland over the last 12 months. [289267] Paul Goggins: On 22 July, there were 11 prisoners affiliated to dissident republican groupings held at Paul Goggins: That is an operational matter for the Magilligan prison. Chief Constable. I have asked him to reply directly to the hon. Member, and a copy of his letter will be placed in the Library of the House. Relocation

Dr. McCrea: To ask the Secretary of State for PRIME MINISTER Northern Ireland how many people have moved house following dissident Republican threats during the last Afghanistan 12 months. [289270] Mr. Gerald Howarth: To ask the Prime Minister what Paul Goggins: As this is an operational matter for the discussions he had with the Chief of the Defence Staff Chief Constable I have asked him to reply directly to on the announcement he made in Afghanistan on the hon. Gentleman, and will arrange for a copy of the additional personnel, unmanned aerial vehicles, the letter to be placed in the Library of the House. Warthog vehicle and Ridgeback vehicles. [291572] 21W Written Answers12 OCTOBER 2009 Written Answers 22W

The Prime Minister: I have regular meetings and The Prime Minister: I refer my hon. Friend to the discussions with ministerial colleagues and others including press briefing given by my Spokesman on 7 September. the Chief of the Defence staff on a wide range of A transcript of this is available on the No. 10 website subjects. The Chief of the Defence staff accompanied http://www.number10.gov.uk/Page20542 me on my visit to Afghanistan in August. and a copy has been placed in the Library of the House. Cabinet Committees: Data Protection Lockerbie: Bombings Mr. Dai Davies: To ask the Prime Minister pursuant Daniel Kawczynski: To ask the Prime Minister pursuant to chapter 1, paragraph 42 of Building Britain’s future, to the answer to the right hon. Member for Richmond, Cm 7654, what steps he plans to take to strengthen the Yorks., of 9 September 2009, Official Report, column protection given to the records of Cabinet committees. 1897W, on Libya, if he will place in the Library a copy [290368] of his letter to Colonel Gaddafi of Libya, delivered by the then Foreign Office Minister, the hon. Member for The Prime Minister: The details of the proposed Harlow, during his visit to Tripoli in February 2009; changes to legislation as set out in Building Britain’s and whether he had a meeting with Colonel Gaddafi at Future (Cm7654) will be included in the Government’s the recent UN General Assembly meeting. [292173] response to the Review of the 30-Year Rule. The Government response will be published in due course. The Prime Minister: A copy of the letter has been Defence: Procurement placed in the Libraries of the House. The letter covered a range of African policy issues which were appropriate Mr. Gerald Howarth: To ask the Prime Minister and relevant in the light of Colonel Gaddafi’s election whether his Office has received a copy of the report as chair of the African Union. It did not cover the issue prepared by Bernard Gray on the Ministry of of Abdelbaset Ali al-Megrahi’s release. I did not meet Defence’s equipment programme. [291571] Colonel Gaddafi at the UN General Assembly meeting. Official Gifts The Prime Minister: I refer the hon. Member to the answer to the right hon. Member for Witney (Mr. Cameron) on 15 July 2009, Official Report, column 286. Mr. Hayes: To ask the Prime Minister what use has been made, and by whom, of wine held by Ministers as Domestic Visits part of the Donated Asset Reserve in the last 12 months. [290117] Sir Menzies Campbell: To ask the Prime Minister when he next plans to visit (a) the Royal Centre for The Prime Minister: I refer the hon. Member to the Defence Medicine’s clinical facilities at Selly Oak and annual list of gifts received by Ministers in an official (b) the Defence Medical Rehabilitation Centre, capacity valued at more than £140 which has been Headley Court. [291718] published since 2001. Copies of the lists are available in the Libraries of the House. The Prime Minister: I have visited members of the Social Care Green Paper armed forces both in the United Kingdom and abroad, and have met injured personnel, in Selly Oak and other places, on these occasions. Visits to injured personnel Mr. Stephen O’Brien: To ask the Prime Minister with and to hospitals are undertaken privately. reference to his foreword to the Social Care Green Paper, Cm 7673, in what ways the debate he calls differs Legislation from that he called for in his Kings Fund speech of May 2008. [290449] Mr. Amess: To ask the Prime Minister (1) which proposals announced during his speech to the 2009 The Prime Minister: “The case for change—why England Labour Party Conference will require (a) primary and needs a new care and support system”, published in (b) secondary legislation to implement; and if he will May 2008, set out the Government’s intention to reform make a statement; [292314] care and support services and was followed by a six-month (2) which of the proposals announced during his period of public engagement to help raise awareness of speech to the 2009 Labour Party Conference have care and support issues and to gather opinions on the previously been announced by the Government (a) in best way to proceed with the reform agenda. full and (b) in part, giving the date in each case; and if This year’s Green Paper, “Shaping the Future of he will make a statement. [292315] Care Together”, published in July, is the response to that period of public engagement. It sets out specific The Prime Minister: The Government will set out its options and proposals for a National Care Service, on proposals for legislation in the next session in the Queen’s which debate shall now ensue. speech. The speech is a matter of public record. UN Libya: Northern Ireland Mr. Dai Davies: To ask the Prime Minister if he will Kate Hoey: To ask the Prime Minister if he will make place in the Library, in respect of the Special Session of representations to the President of Libya on the United Nations Security Council on Nuclear Non- compensation for the victims of Irish Republican proliferation held on 24 September 2009, a copy of (a) Army terrorism in Northern Ireland. [291652] his speech to the session, (b) speeches from other heads 23W Written Answers12 OCTOBER 2009 Written Answers 24W of Government referring to the United Kingdom Departmental Recycling contribution and (c) any papers submitted in support of the Special Session by (i) the United Nations and (ii) Stewart Hosie: To ask the Secretary of State for national delegations. [292491] Scotland what proportion of his Department’s waste was recycled in the latest period for which figures are The Prime Minister: A record of the discussions and available. [289667] videos of the speeches given can be found at: http://www.un.org/webcast/sc.html Ann McKechin: I refer the hon. Member to the answer A copy of my speech has been placed in the Library of given to the hon. Member for Reading, East (Mr. Wilson) the House. on 31 March 2009, Official Report, column 1029W. USA Departmental Responsibilities

Mr. Dai Davies: To ask the Prime Minister if he will Mr. Crabb: To ask the Secretary of State for Scotland place in the Library a copy of the transcript of his what the executive functions of his Department are. question and answer session from New York which was [288632] broadcast on Radio Five Live on 23 September 2009. [292332] Ann McKechin: The functions of the Scotland Office are set out fully in its annual report for 2009 which is The Prime Minister: The interview was conducted for published on the Scotland Office website at: the BBC Simon Mayo show broadcast on Radio 5 live, http://www.scotlandoffice.gov.uk/scotlandoffice/ and can be heard on its website. 10797.135.html The principal role of the Scotland Office is to oversee the devolution settlement and make it work effectively for the people of Scotland and the rest of the United SCOTLAND Kingdom. Departmental Advertising Economic Situation

Pete Wishart: To ask the Secretary of State for Scotland Mr. MacNeil: To ask the Secretary of State for Scotland how much his Department spent on advertising in each pursuant to the answer of 15 July 2009, Official Report, newspaper in the latest year for which figures are available. column 381W, on departmental publications, whether [289480] his Department will prepare and publish a background paper on (a) the effects on the Western Isles economy Ann McKechin: The Scotland Office incurred no costs of the closure of the Hebrides Range and (b) the effects advertising in newspapers during 2008-09. of fuel duty on rural hauliers and motorists in Scotland. Departmental Billing [291720] Ann McKechin: No. There is no plan to close the John Mason: To ask the Secretary of State for Hebrides Range; and fuel duty is a matter for the Scotland what percentage of invoices from suppliers his Chancellor of the Exchequer. Department paid within 10 days of receipt in June 2009. [288934]

Ann McKechin: The Scotland Office paid 97.9 per John Mason: To ask the Secretary of State for cent. of invoices within 10 days of receipt in June 2009. Scotland whether he plans to visit Glasgow on official business during the summer adjournment. [288935] Departmental Manpower Mr. Jim Murphy: I visited Glasgow on official business John Mann: To ask the Secretary of State for Scotland during the summer adjournment. how many staff there were in (a) his Department’s predecessor in 1997 and (b) his Department on the latest date for which figures are available. [292070] WALES Ann McKechin: The Scotland Office was established Business: Government Assistance on 1 July 1999. Therefore, there was no predecessor in 1997. Mr. Paul Murphy: To ask the Secretary of State for The latest staffing levels for the Scotland Office are Wales what schemes the Government have made available published in the Office’s Annual Report for 2009, a to assist businesses in Wales during the economic downturn. copy of which is available on the Scotland Office website. [288901] To view this Report please see the following link: http://www.scotlandoffice.gov.uk/scotlandoffice/files/ Mr. Hain: The UK Government have launched a SO%202009.pdf number of initiatives designed to help UK businesses A correction to Annex 9 is also available via the during the current economic downturn. These include following link: the Enterprise Finance Guarantee Scheme, Capital for http://www.scotlandoffice.gov.uk/scotlandoffice/files/ Enterprise Fund and the highly successful HMRC Time SO%202009%20ERRATUM%203.pdf to Pay, which are all supporting Welsh businesses. So 25W Written Answers12 OCTOBER 2009 Written Answers 26W far, the HMRC has reached over 6,780 agreements with Mr. Hain: In the last two years my Department has businesses in Wales, to spread more than £100 million spent the following using the services of Royal Mail: in businesses taxes. More information on these schemes can be obtained from the BIS, Wales Office and Welsh £ Assembly Government websites. 2007-08 1,711 The European Investment Bank has also approved 2008-09 2,531 nearly £475 million of loans to small and medium sized enterprises across the UK. Departmental Advertising Departmental Procurement

Pete Wishart: To ask the Secretary of State for Wales Mrs. Gillan: To ask the Secretary of State for Wales how much his Department spent on advertising in each what companies or organisations provided (a) goods newspaper in the latest year for which figures are and (b) services to his Department in 2008-09; and available. [289482] what the cost to the public purse was in each case. [289013] Mr. Hain: None. Departmental Billing Mr. Hain: To provide the information the hon. Lady has requested would incur disproportionate cost. John Mason: To ask the Secretary of State for Wales what percentage of invoices from its suppliers his Departmental Public Expenditure Department paid within 10 days of receipt in June 2009. [288698] Mr. Brady: To ask the Secretary of State for Wales Mr. Hain: In June 2009 my Department paid 87 per which Minister in his Department has been assigned cent. of invoices within 10 days of receipt. responsibility for overseeing the delivery of value for money in his Department; whether his Department has Departmental Manpower established a public sector reform team to implement service reforms; and if he will make a statement. John Mann: To ask the Secretary of State for Wales [289732] how many staff there were in (a) his Department’s (b) predecessor in 1997 and his Department on the Mr. Hain: I have asked the Parliamentary Under- latest date for which figures are available. [292073] Secretary of State to take on the role as the Wales Office’s Value for Money Minister. Both he and I take Mr. Hain: The Wales Office was established in May an active role in ensuring that the Wales Office delivers 1999. My office currently employs 58 members of staff. value for money in all its expenditure. We are not a Departmental Motor Vehicles service delivery Department however and thus do not have a public sector reform team. Andrew Stunell: To ask the Secretary of State for Wales how much his Department spent on hire vehicles Departmental Recycling in each of the last five financial years. [291605]

Mr. Hain: In the last five financial years, my Department’s Stewart Hosie: To ask the Secretary of State for expenditure for car hire is broken down as: Wales what proportion of his Department’s waste was recycled in the latest period for which figures are Spend on car hire (£) available. [289670] Ministers Staff

2004-05 77,153.00 126.00 Mr. Hain: The last period for which figures are available 2005-06 92,866.68 277.37 covers January to March 2009. During this period, the 2006-07 106,707.39 41.02 Wales Office recycled 84 per cent. of its waste. 2007-08 135,649.52 0 2008-09 217,129.45 143.44 Departmental Travel The increase in car hire for Ministers in 2008-09 came about because in previous years the Secretary of State’s car was provided by the Northern Ireland Office and Justine Greening: To ask the Secretary of State for then the Department of Work and Pensions when he Wales how much his Department spent on (a) car hire, held dual responsibilities. (b) train travel, (c) air travel, (d) hotels and (e) restaurant meals for (i) Ministers and (ii) staff in his Departmental Postal Services Department in each of the last five years. [289979]

Mr. Weir: To ask the Secretary of State for Wales Mr. Hain: In the last five financial years, my Department’s how much his Department spent on Royal Mail expenditure for car hire, train travel and air travel is services in each of the last two years. [288744] broken down as: 27W Written Answers12 OCTOBER 2009 Written Answers 28W

Spend (£) 2004-05 2005-06 2006-07 2007-08 2008-09

Car hire Ministers 77,153.00 92,866.68 106,707.39 135,649.52 217,129.45 Staff 126.00 277.37 41.02 0 143.44

Train tickets Ministers 11,011.50 7,124.00 6,270.70 11,601.44 14,549.50 Staff 69,951.60 102,599.83 90,371.00 113,758.51 155,685.00

Air fare Ministers 4,959.28 0 169.43 676.88 1,156.53 Staff 15,108.30 211.67 9,577.03 1,491.29 2,792.56

The increase in car hire for Ministers in part of (b) are on a job share employment contract and (c) 2007-08 and 2008-09 came about because in previous work from home for more than four hours a week. years the Secretary of State’s car was provided by the [287090] Northern Ireland Office and then the Department of Work and Pensions when he held dual responsibilities. Michael Jabez Foster: The Government Equalities Restaurant meals and hotel costs are not kept separately Office (GEO) operates a flexible working policy which and could be obtained only at a disproportionate cost. is available to all staff. The GEO currently does not have any staff on job share contracts. Staff are allowed to work from home, subject to line management agreement Legislative Competence: Wales based on business need, however central records on the amount of time worked from home are not held. Mark Williams: To ask the Secretary of State for Wales what guidance his Department has issued on the Equality and Human Rights Commission status of proposed legislative competence orders which have not completed the process of Parliamentary Robert Neill: To ask the Minister for Women and approval at the point of a dissolution of Parliament; Equality what procedures apply to the grant of and if he will make a statement. [290496] permission for the use of the (a) resources and (b) offices of the Equality and Human Rights Commission Mr. Hain: Legislative Competence Orders will be activities related to a private sector organisation. treated in the same way as any other form of legislation [290430] passing through the Palace of Westminster following the dissolution of Parliament. Maria Eagle: Permission to use the resources and offices of the Equality and Human Rights Commission (EHRC) would not normally be granted for activities WOMEN AND EQUALITY relating to private sector organisations. Exceptionally the EHRC approved the use of their offices for a private sector organisation; however this Budget April 2009 was without the approval of the Government Equalities Office. The use of the EHRC offices for private sector Andrew Rosindell: To ask the Minister for Women organisation meetings has since ceased. and Equality how many copies of the Budget 2009 Report the Government Equalities Office ordered; and Equality and Human Rights Commission: Finance what the cost was of that order. [290266] Robert Neill: To ask the Minister for Women and Michael Jabez Foster: The Government Equalities Equality how much funding the Equality and Human Office has not purchased any copies of the Budget 2009 Rights Commission has given to Traveller groups; on report what dates; and for what purposes. [288252]

Departmental Conditions of Employment Maria Eagle: The following tables contain a full list of Traveller-related work, totalling £344,734, funded Lynne Featherstone: To ask the Minister for Women under the Equality and Human Rights Commission’s and Equality what percentage of employees in the Government Interim Grants Programme, which ran from 1 April Equalities Office (a) are on a flexible working contract, 2008-31 March 2009.

Funding awarded to Traveller groups under the 2008-09 Interim Grants Programme

Organisation Outcome Region/country Amount (£)

Friends, Families and To develop an environment where Gypsies and Travellers in West Sussex South East 39,817 Travellers and east Hampshire have the confidence to participate actively in the life of the community. 29W Written Answers12 OCTOBER 2009 Written Answers 30W

Funding awarded to Traveller groups under the 2008-09 Interim Grants Programme Organisation Outcome Region/country Amount (£)

Gypsy/Travel Education To support Gypsy/Traveller women and Gypsies/Travellers with disabilities Scotland 21,000 and Information Project to address barriers which prevent them accessing services and their North East (GTEIP) capacity to live free and equal lives. (This will take the form of Action Research; both recording issues and experiences while supporting action on the issues.)

London Gypsy and Improved and informed policy development and public profile of Gypsies London 39,927 Traveller Unit and Travellers; to include their views and be based on fair and accurate information.

S.P.A.R.C To improve Gypsies and Travellers access to health care provision and North East 35,000 related services in Tees Valley, and reduce the significant health inequalities experienced by older people, children, women and those with mental health issues within these communities.

One Voice 4 Travellers To provide support and advocacy for roadside Traveller women and East Midlands 20,000 Ltd. children in Suffolk and Cambridgeshire by means of an outreach volunteering strategy.

Other funding awarded to deliver traveller-related work under the 2008-09 Interim Grants Programme Organisation Outcome Region/country Amount (£)

Bradford Community and To enable Romany Gypsies and Irish Travellers to have equal access Yorkshire and Humber 35,000 Voluntary Service (BCVS) to services and to represent their own needs and concerns in order to participate in civic life in the District.

Pakistan Community Provide a study support service which allows young Roma people to Yorkshire and Humber 20,060 Association and achieve their full potential and integrate with other ethnic minorities Multicultural Advice Centre in the area.

Save the Children UK To improve understanding of prejudice and diversity by marginalised Scotland 39,930 young people(especially young Gypsy/Travellers) by holding workshops to promote and develop key skills.

The Race Equality Council 1. To facilitate access to public services for Migrant Workers informing South West 35,000 for Gloucestershire them of services. 2. To improve access to public services including creation of permanent sites for caravans for Travelling Community and better access to education for their children: improved relationship between travelling and settled community. 3. To create opportunities for people of different cultures to meet and learn about each other by experiencing art, culture and music of different traditions: promote an appreciation of benefits of cultural diversity especially in Cheltenham area.

The Rural Media Company To work with local authority Planning and Diversity officers, and West Midlands 35,000 Gypsy, Roma and Traveller groups (GRT) (including women, children and the elderly) in the West Midlands bringing them together to develop a DVD Resource to address the racial discrimination issues in local communities around Traveller homelessness and lack of stopping sites.

Black Training and To develop the capacity of Gypsy and Traveller communities by — 14,000 Enterprise Group (BTEG) providing training in project management and equality and Human Rights legislation to ensure these communities are able to participate more effectively in planning and other decision making contexts which effect their lives.

Robert Neill: To ask the Minister for Women and May and June 2009 respectively. Information from those Equality when the annual statements of accounts of the accounts has had to be consolidated with the Equality Equality and Human Rights Commission were signed and Human Rights Commission’s own figures and this off; and what the reason was for the time taken to sign has taken time. them off. [288253]

Maria Eagle: The accounts were laid on Monday 20 Robert Neill: To ask the Minister for Women and July. The preparation of the first set of accounts for the Equality what payments the Equality and Human Rights Commission was a major undertaking, bringing together Commission (EHRC) has made to the Institute for the assets and liabilities of the legacy commissions and Public Policy Research (IPPR) since the EHRC’s establishing common standards for measurement and establishment; for what purposes and projects those evaluation which needed to be agreed with NAO. payments were made; and whether it has commissioned Accounts for the Disability Rights Commission and the IPPR to undertake further work in the future. the Commission for Racial Equality were only laid in [288265] 31W Written Answers12 OCTOBER 2009 Written Answers 32W

Maria Eagle: The Equality and Human Rights Michael Jabez Foster: The Government Equalities Commission has made the following payments totalling Office does not own or maintain any flags. £19,075 to the IPPR: Government Equalities Office: Flowers Payments to Institute of Public Policy Research Payment Date Purpose (£) Andrew Rosindell: To ask the Minister for Women and Equality how much the Government Equalities 29 October IPPR corporate subscription includes reports, 150 Office has spent on flowers in each year since its 2008 publications and email alerts. November 2008 to October 2009. establishment. [290385] 1 April 2008 Receipt of interim report on social housing allocation 10,000 and immigrant communities. Michael Jabez Foster: Since its creation on the 12 1 April 2008 Receipt of draft final report on social housing 8,925 October 2007, the Government Equalities Office has allocation and immigrant communities not spent any money on flowers. The Commission has commissioned research to examine Government Equalities Office: Manpower the allocation of social housing in England. The study is set in the context of increased international immigration Andrew Rosindell: To ask the Minister for Women to the UK and a reduction in social housing stock. and Equality how many and what proportion of staff The Commission currently has no plans to undertake working in the Government Equalities Office are (a) further work with the IPPR. male, (b) female and (c) from an ethnic minority. [290225] Equality and Human Rights Commission: Industrial Disputes Michael Jabez Foster: The Government Equalities Office employs 102 staff of which 68 are female (67 per Robert Neill: To ask the Minister for Women and cent.) and 34 are male (33 per cent.). 20 (19 per cent.) Equality how many employment disputes involving staff are from an ethnic minority. staff of the Equality and Human Rights Commission have been taken to an employment tribunal. [288269] Housing: Finance

Maria Eagle: To date, 15 employment disputes involving Andrew Rosindell: To ask the Minister for Women staff of the Equality and Human Rights Commission and Equality how many official functions has she have been taken to an employment tribunal. attended to promote the proposals contained in Building Britain’s future, Cm 7654. [290469] Equality and Human Rights Commission: Manpower Michael Jabez Foster: The Minister for Women has Robert Neill: To ask the Minister for Women and attended one official function for Building Britain’s Equality how many staff who were made redundant by Future which took place on 27 July 2009 in Hull. the Commission for Racial Equality and given redundancy Immigrants: Housing payments have subsequently been (a) employed and (b) hired as consultants by the Equality and Human Robert Neill: To ask the Minister for Women and Rights Commission. [288267] Equality what assessment the Equality and Human Maria Eagle: 72 Commission for Racial Equality Rights Commission made of the legality of giving priority (CRE) staff received redundancy payments via the Principal to local residents in the social housing allocation policies. Civil Service Pension Scheme. The CRE may have made [288264] direct payments to staff over retirement age. The Equality Maria Eagle: The Equality and Human Rights Commission and Human Rights Commission subsequently re-engaged recently undertook a research project on allocation of seven former employees of the CRE on short-term social housing. This project did not undertake any assessment consultancy contracts. More information about the of current social housing allocation policies. re-engaged staff can be found in the EHRC annual report and accounts 2006-08. International Women’s Day

Mrs. Spelman: To ask the Minister for Women and Andrew Rosindell: To ask the Minister for Women Equality how many posts for full-time equivalent staff and Equality how much her Department plans to the Equality and Human Rights Commission has spend on promoting International Women’s Day 2010. approval from HM Treasury to appoint; and how many [290382] such posts are unfilled. [290453] Maria Eagle: The GEO has not finalised the plans for Maria Eagle: The Equality and Human Rights Commission promoting International Women’s Day 2010 as yet, has approval to appoint 525 posts for full-time equivalent therefore, we cannot provide a figure. staff. There are no vacancies at present. Members: Correspondence Government Equalities Office: Flags Sir : To ask the Minister for Women Andrew Rosindell: To ask the Minister for Women and Equality when she plans to reply to the letter to her and Equality how many flags the Government Equalities of 29 May 2009 from the right hon. Member for Office (a) owns and (b) maintains; and what the cost Manchester, Gorton with regard to Ms K Rowley. of maintaining them was in the last 12 months. [290265] [287816] 33W Written Answers12 OCTOBER 2009 Written Answers 34W

Michael Jabez Foster: My hon. Friend the Solicitor- FOREIGN AND COMMONWEALTH OFFICE General (Vera Baird) wrote to the right hon. Member on the 16 July 2009. Afghanistan Public Sector: Procurement Mr. Holloway: To ask the Secretary of State for Foreign and Commonwealth Affairs how many staff Mr. Hurd: To ask the Minister for Women and from his Department are based in the provincial Equality whether she plans to bring forward legislative reconstruction team base in Lashkar Gar; what proportion proposals to amend public procurement legislation and of such staff (a) have left the perimeter of the base by guidance in order to achieve the Government’s policy road during their tour and (b) are performing roles objectives on equality. [289078] which could be undertaken at Camp Bastion; and if he will make a statement. [291095] Michael Jabez Foster: There are no plans to amend procurement legislation. The Equality Bill contains a Chris Bryant: I refer the hon. Member to the response Regulation making power to introduce specific duties given by my right hon. Friend the Secretary of State for via secondary legislation, which will require contracting International Development on 14 September 2009, Official authorities to use public procurement to promote equality Report, columns 2108-09W. wherever possible. The specific duties will be formulated in a way that is compatible with procurement legislation, Afghanistan: Detainees so there should be no need to amend either the Public Contract Regulations 2006, or the Utilities Contract Martin Linton: To ask the Secretary of State for Regulations 2006. Foreign and Commonwealth Affairs what representations The Government Equality Office is working closely he has made to the US administration on the return of with both the Equality and Human Rights Commission Shaker Aamer to the UK. [289701] and the Office of Government Commerce with regard to procurement related guidance. The EHRC are assessing Mr. Ivan Lewis: We have sought the release and the requirements for guidance in relation to the Equality return of Shaker Aamer, a Saudi national formerly Bill and the Office of Government Commerce are also lawfully resident in the UK, from Guantanamo Bay considering what may be required in relation to since August 2007. The US has not so far agreed to his procurement, including the provision of a new non- release and return to the UK in the light of security legislative toolkit. concerns in his case. We have made clear to both the current and previous Refuges: Domestic Violence US Administrations that our request for Mr. Aamer’s release and return to the UK stands. My right hon. Andrew Rosindell: To ask the Minister for Women Friend the Foreign Secretary has reiterated this position and Equality how many refuges for victims of domestic to Secretary of State Hillary Clinton. Other Ministers violence she has visited on official business in the last and senior officials across Government have raised 12 months. [290477] Mr. Aamer’s case with their counterparts in the US State Department, the Department of Defence, the Maria Eagle: The Minster for Women and Equality Department of Justice and the National Security Council. visited The Poppy Project, part of Eaves, a London-based charity that provides housing and support to trafficked Afghanistan: Elections women, in September 2008. In April 2009 she visited a Domestic Violence Victims Support Unit in Ghana. Mr. Hoyle: To ask the Secretary of State for Foreign No other visits have been made in the last 12 months. and Commonwealth Affairs what representations the Government has made to the UN regarding the Travelling People involvement of the government of Afghanistan in local state elections in that country. [289492] Robert Neill: To ask the Minister for Women and Equality what research the Equality and Human Mr. Ivan Lewis: Over the past two years, the UK has Rights Commission has undertaken into Travellers. been working alongside Afghanistan’s Independent Election [288262] Commission (IEC), the UN Assistance Mission to Afghanistan (UNAMA), the UN Development Programme Maria Eagle: The Equality and Human Rights (UNDP) and the wider donor community to prepare Commission has undertaken the following research: the 2009-10 Afghan elections. This includes preparations for the Provincial Council elections, which will be held (i) A review of the inequalities experienced by Gypsy and Traveller communities across the Commission’s mandate and at the same time as the presidential elections on 20 public services, building on the race focus of Common Ground August 2009. published in 2006 by the Commission for Racial Equality. The Afghan Government, with the support of the (ii) An assessment of local authorities’ progress in meeting the international community, has a vital role to play in both accommodation needs of Gypsy and Traveller communities in ensuring adequate security for the elections and that the England. IEC is a functioning body, capable of ensuring effective Both pieces of research were published in March organisation. The 2009 elections will be the first Afghan-led 2009 alongside the Commission’s report, “Gypsies and elections since the 1970s. Travellers: Simple solutions for living together”, which UNAMA, through the UNDP, is co-ordinating highlights and promotes best practice. international support through the ELECT project—to Similar research for Scotland will follow in the autumn. which the UK has given £16.5 million. ELECT aims to 35W Written Answers12 OCTOBER 2009 Written Answers 36W build up the capacity of the IEC to run the elections given training and guidance in how to deal with distressed and to create a more cohesive and informed electoral British nationals overseas, including in cases where process with as wide participation as possible. We work allegations of mistreatment have been made. Consular closely with the UN in Afghanistan and New York on staff are specifically trained on what action to take in preparations and have frequently played the lead role in response to any allegation of mistreatment. They can raising and resolving issues of concern with the UN, the also draw on professional support, including from specialist Afghan Government and international donors. legal and human rights advisers in the FCO. International funding, both through ELECT and However, this training and guidance is continually other projects, is supporting media exposure for candidates evolving and improving. Guidance is now clearer on the and civic education for voters, to explain the electoral paramount importance and urgency of these cases, on process and to encourage them to vote. We are following who in London and overseas needs to be informed of the UN and IEC preparations closely, holding UNDP allegations of mistreatment when these are made to a to account against the project’s agreed outputs and consular official, and on the actions to be taken to pressing for additional action where necessary. follow up such allegations. More details on the ELECT project can be found at: Our current guidance includes the identification of http://www.undp.org.af/WhoWeAre/UNDPinAfghanistan/ possible signs of torture and mistreatment, as well as Projects/dcse/prj_elect.htm the procedures to be adopted in such circumstances. The first step when a British national is detained overseas Algeria: Asylum is to seek and secure access by our consular staff. Our staff are instructed to ask our nationals whether they Mark Williams: To ask the Secretary of State for have suffered abuse or mistreatment, and to look out Foreign and Commonwealth Affairs whether the Head for signs of mistreatment even where an individual does of his Department’s Middle East and North Africa not raise it. They are required to follow up all reports of Department has plans to visit the Saharawi refugee mistreatment whether they come from the individual camp in Algeria. [290518] themselves, from their friends, family or representatives, or from other sources. What form this follow up action Mr. Ivan Lewis: The Director of Middle East and will take will depend on the individual circumstances of North Africa at the Foreign and Commonwealth Office the case. Most obviously, we can raise our concerns has no plans to visit the Saharawi refugee camp in with the relevant authorities. Whatever action we take Algeria. However, officials from our embassy in Algiers however, the objective remains the same: to end the do make periodic visits to Tindouf, with the last such mistreatment, and have the incident investigated and visit in March of this year. the perpetrators of any abuse brought to justice. Bangladesh: Human Rights In many countries we also raise more general concerns around the mistreatment and abuse of detainees as part of our wider human rights dialogue. Lembit Öpik: To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions China: Falun Gong he has had with the Bangladeshi government on reports of violations of the human rights of the Jumma Lynne Jones: To ask the Secretary of State for Foreign tribes in the Chittagong Hill Tracts. [291594] and Commonwealth Affairs what recent representations he has made to the government of China on the arrest Chris Bryant: The Government support the work of and treatment of (a) Falun Gong practitioners held in the Chittagong Hill Tract Commission in promoting re-education through labour camps and (b) other Falun respect for democracy, land rights and development in Gong practitioners. [289239] the Chittagong Hill Tracts in Bangladesh. Officials from our high commission in Dhaka met with the deputy Mr. Ivan Lewis: We last raised our concerns about commissioner in Rangamati in the Chittagong Hill Tracts Falun Gong practitioners at the UK-China Human in March 2009 to stress the importance of both implementation Rights Dialogue on 12-13 January 2009. We asked how of the Chittagong Hill Tracts Peace Accord and respect many re-education through labour (RTL) detainees there for the human rights of the communities in the region. were and what proportion were Falun Gong. The Chinese In August 2009, our high commissioner met members of responded saying that reforms of the system of RTL the Chittagong Hill Tract Commission when they visited were taking place. We will continue to raise this at every Bangladesh. Our high commission has offered funding appropriate opportunity. in support of the commission’s important work to address the rights of the indigenous peoples. China: Human Rights

British Nationality: Torture Mr. Moore: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has Mr. Hague: To ask the Secretary of State for Foreign received on the detention of Mr Liu Xiaobo by the and Commonwealth Affairs what steps he has taken to Chinese authorities; what representations he has made enable his Department to react more quickly to reports to his Chinese counterpart on the case; and if he will of the torture of British nationals abroad since 2004. make a statement. [289286] [291422] Mr. Ivan Lewis: The EU Presidency issued a Declaration David Miliband: Ensuring the welfare of British nationals on 26 June 2009 expressing the EU’s deep concern detained abroad is one of the Foreign and Commonwealth about the detention of Liu Xiaobo. The EU called for Office (FCO)’s highest priorities. Consular staff are the end of the prosecution of Liu Xiaobo and his 37W Written Answers12 OCTOBER 2009 Written Answers 38W immediate release, referring to the Chinese Constitution’s It is possible that other parts of the FCO have guarantee on the right of freedom of expression and in incurred expenditure on newspaper advertising. However, accordance with provisions of the International Covenant this information is not held centrally, and to provide it on Civil and Political Rights which China signed in would incur disproportionate cost. 1998 (but has yet to ratify). We raised the case of Liu Xiaobo at the UK-China Departmental Internet Human Rights Dialogue on 12-13 January 2009. The Chinese Delegation responded by saying his case was Justine Greening: To ask the Secretary of State for being dealt with by the Chinese courts. We also worked Foreign and Commonwealth Affairs what estimate he closely with our European partners to ensure this case has made of the annual cost of (a) maintaining and was raised at the EU-China Human Rights Dialogue (b) updating the accounts (i) foreignoffice, (ii) held on 14 May 2009 in Prague. britishabroad and (iii) fcocareers; and how many staff We will continue to raise this issue at every appropriate of his Department are responsible for updating each opportunity. account. [292049]

Democratic Republic of Congo: Armed Conflict Chris Bryant: The Foreign and Commonwealth Office (FCO) maintains a presence on Twitter as part of our Mr. Oaten: To ask the Secretary of State for Foreign wider digital communications strategy. Twitter is a free and Commonwealth Affairs what recent reports he has tool that allows us to communicate the work of the received on the location and detention of General FCO to a global audience who might not normally visit our websites, and at minimal cost. Laurent Nkunda. [292119] There is no financial cost to setting up or hosting Mr. Ivan Lewis: The Congolese and Rwandan authorities FCO Twitter accounts. FCO Twitter accounts are updated have stated that they are still in discussions on how to by FCO staff as part of their existing communications deal with Laurent Nkunda. We understand that Nkunda responsibilities. We estimate that @foreignoffice and remains under house arrest in Rwanda. @britishabroad each takes approximately 15-30 minutes a day to update with an additional 15-30 minutes to Departmental Advertising assess the uptake of our messages and monitor relevant traffic on other channels. The account @fcocareers takes minimal resource to update since most of its Pete Wishart: To ask the Secretary of State for content is automatically generated. Foreign and Commonwealth Affairs how much his Department spent on newspaper advertising carried in each newspaper in the most recent year for which Departmental Marketing figures are available. [289507] Mr. Philip Hammond: To ask the Secretary of State Chris Bryant: Human Resources Directorate in the for Foreign and Commonwealth Affairs with reference Foreign and Commonwealth Office (FCO) have spent to the answer of 26 November 2008, Official Report, the following amounts on recruitment advertising during column 1753-54W, on departmental marketing, what 2008-09. expenditure his Department incurred in departmental branding activity in 2008-09. [290216] Newspaper Spend (£) Chris Bryant: During the 2008-09 financial year, the Times 3,238.70 Foreign and Commonwealth Office (FCO) had no staff Guardian 35,834.98 specifically employed on branding activity, although Daily Telegraph 8,000.00 some parts of the FCO (for example Consular Directorate) Bicester Advertiser 2,437.71 undertake in-house branding activity on a continuing Milton Keynes Citizen 5,159.79 basis as part of their promotional campaigns. Northampton Chronicle and Echo 5,927.47 In addition, the Communication Directorate established Oxford Mail 7,618.46 a three-person team to review, consolidate and simplify Bucks Herald 6,264.11 all aspects of the FCO’s corporate identity. This team , Metro, London 6,772.03 engaged the services of a branding consultant, through Lite the Central Office of Information under normal Total 81,253.25 Government procurement rules, at a cost of £80,000 in Consular Directorate in the FCO have spent the the financial year. This work has resulted in new FCO following amounts on advertising during 2008-09 as corporate identity guidelines, which will enable the FCO part of its ongoing Travel Safety campaign for British in the UK and in posts around the world to save money Nationals. by deploying standardised designs and systems.

Newspaper Spend (£) Departmental Official Hospitality

The Sun/News of the World 28,800 Mrs. Villiers: To ask the Secretary of State for The Voice and Weekly Gleaner 9,500 Foreign and Commonwealth Affairs with reference to newspapers the answer of 11 March 2008, Official Report, columns New Nation and Eastern Eye 18,000 newspapers 326-27W, on departmental official hospitality, how Total 56,300 much his Department spent on entertaining in 2008-09. [290151] 39W Written Answers12 OCTOBER 2009 Written Answers 40W

Chris Bryant: In 2008-09 the Foreign and Commonwealth Departmental Recycling Office (FCO) spent £7,951,558 on a wide range of activities from entertaining individuals, to dinner receptions Stewart Hosie: To ask the Secretary of State for for Ministers and high level visitors, and other events to Foreign and Commonwealth Affairs what proportion establish and cultivate contacts. All are undertaken in of his Department’s waste was recycled in the latest pursuit of FCO objectives, both in the UK and in our period for which figures are available. [289673] posts overseas. This figure is made up of £7,544,672 in direct Chris Bryant: During the latest period, 2008-09, the entertainment expenditure, which includes the costs of Foreign and Commonwealth Office recycled 59 per food, drink and sundries when official contacts are cent. of its waste on its UK estate. This compares to a entertained either at an officer’s home, mission residences figure of 48 per cent. for 2007-08. or at an external venue, and £406,886 of Government hospitality expenditure, which is official hospitality at Departmental Training ministerial level across Whitehall. All entertainment expenditure, including that on John Mason: To ask the Secretary of State for hospitality, is incurred in accordance with the principles Foreign and Commonwealth Affairs how many of Managing Public Money and HM Treasury handbook external training courses were attended by staff of his on Regularity and Propriety. Department in the last 12 months; and what the cost was of each course. [289692] Departmental Public Expenditure Chris Bryant: Human resources directorate sponsors Mr. Brady: To ask the Secretary of State for Foreign three significant courses, which sit outside of the main and Commonwealth Affairs which Minister in his Foreign and Commonwealth Office training framework. Department has been assigned responsibility for overseeing These are: the delivery of value for money in his Department; Open University Scheme: whether his Department has established a public sector Programme timings May 2008-May 2009 reform team to implement service reforms; and if he Approximately 130 persons enrolled will make a statement. [289740] £3,000 cost per person Mr. Ivan Lewis: My hon. Friend the Under-Secretary £390,000 approx total cost of State (Chris Bryant) has been assigned responsibility Advanced Apprenticeships: for overseeing the delivery of value for money in the 56 persons enrolled Foreign and Commonwealth Office (FCO). The FCO is A part of the Government Pathfinder Scheme which is fully committed to improving services and making efficiencies funded by the Learning and Skills Council. and is working closely with colleagues in the centre of Chartered Institute of Personnel and Development—HR Government on this important agenda. related qualifications/yearly subscriptions: Number not centrally recorded. Departmental Recruitment Other departments in London and posts overseas are likely to sponsor other external courses. However records Mr. Hoyle: To ask the Secretary of State for Foreign are not held centrally so we cannot provide this information and Commonwealth Affairs what data his Department without incurring disproportionate cost. holds on the level of diversity in its recruitment of employees in each of the last three years. [290506] Departmental Travel

Chris Bryant: The Foreign and Commonwealth Office Justine Greening: To ask the Secretary of State for holds the following data on the level of diversity in its Foreign and Commonwealth Affairs how much his recruitment of employees, into both the senior management Department spent on (a) car hire, (b) train travel, (c) structure and the delegated grades, in the last three air travel, (d) hotels and (e) restaurant meals for (i) financial years: Ministers and (ii) staff in his Department in each of the last five years. [289994] FY FY FY 2009- 2007-08 2008-09 101 Percentage Chris Bryant: This information is not held centrally and to provide it would incur disproportionate cost. Recruits from a Black or 2911 ethnic minority Travel by Ministers and civil servants is undertaken background in accordance with the Ministerial Code and the Civil Recruits who are female 23 47 52 Service Management Code respectively, and all spending Recruits with a 444on official entertainment is made in accordance with registered disability the principles set out in Managing Public Money. 1 Data for financial year (FY) 2009-10 cover campaigns completed I also refer the hon. Member to the Cabinet Office as of end of August 2009. annual list of overseas travel over £500 undertaken by Further diversity statistics of UK-based staff can be Ministers. The 2008-09 list was published on 16 July found in the following publication: 2009 and can be viewed at: http://www.fco.gov.uk/resources/en/pdf/4103709/5476465/ http://www.cabinetoffice.gov.uk/propriety_and_ethics/ departmental-report/dept-report-vol2-2 ministers/travel_gifts.aspx 41W Written Answers12 OCTOBER 2009 Written Answers 42W

Fiji: Methodists the existence of the Spanish site in BGTW only after the complete list of sites across the EU was published in Mr. Drew: To ask the Secretary of State for Foreign February 2009. and Commonwealth Affairs what reports he has The Government have however, within the time allowed, received on allegations of persecution of members of requested permission to intervene in support of the the Methodist Church in Fiji; and if he will make a Government of Gibraltar legal case against the European statement. [292162] Commission relating to a Site of Community Interest (SCI) proposed by Spain which overlaps with British Chris Bryant: I remain extremely concerned over the Gibraltar Territorial Waters (BGTW) (case T-176/09). human rights situation in Fiji, particularly since the We await a response from the court to our request. abrogation of the constitution in April this year. Through The case does not concern a Spanish claim to BGTW. our high commission in Suva, among other sources, we In fact the case involves an Article 230 application continue to watch events closely. These include the before the Court of First Instance by the Government cancellation of the Methodist Church annual meeting of Gibraltar for annulment of Commission Decision in July and the arrest and detention of church leaders. 2009/95/EC, made under the habitats directive, to the We have made our concerns at these and other extent that the listing of the Spanish SCI, Estrecho developments clear to the military regime in Fiji, and Oriental, includes British Gibraltar Territorial Waters have drawn them to the attention of international partners, (BGTW) and an area of the high seas beyond BGTW. including the EU. Fiji was suspended from the Commonwealth on 1 September following meetings of Iran: Bahai Faith the Commonwealth Ministerial Action Group, of which the UK is a member. The UK most recently raised its concerns on human rights in Fiji in a statement to the Mr. Burrowes: To ask the Secretary of State for UN Human Rights Council in Geneva in September. Foreign and Commonwealth Affairs what recent representations he has made to the government of Iran on the detention of Iranian Bahai leaders in Evin Gibraltar: Territorial Waters prison in Tehran. [290174]

Andrew Mackinlay: To ask the Secretary of State for Mr. Ivan Lewis: We are extremely concerned that the Foreign and Commonwealth Affairs what reasons the seven leading members of the Iranian Bahá’i community Government provided to the European Court of Justice remain in detention, following their arrest in early 2008. in support of its application for leave to join Gibraltar Alongside our EU partners we have called repeatedly in its action against Spain in respect of territorial for the Iranian government to release the group and to waters; and if he will make a statement. [291556] allow independent observation of the judicial proceedings. Chris Bryant: On 7 August 2009 the Government In a statement to mark the one year anniversary of requested permission from the Court of First Instance their arrest, my hon. Friend, the then Minister of State to intervene in support of the Government of Gibraltar for Foreign and Commonwealth Affairs, (Bill Rammell), (GoG) against the European Commission seeking issued a press statement on 14 May 2009 calling for annulment of Commission Decision 2009/95/EC in so their release, and on 25 May 2009, the EU reiterated far as it includes a Site of Community Interest (SCI) this message in a declaration, urging the Iranian government proposed by Spain which overlaps with British Gibraltar to reconsider the accusations against the leaders and to Territorial Waters (BGTW) (case T-176/09). It should allow independent observation of the judicial proceedings. be noted that at this stage, in requesting permission I met with representatives of the UK National Spiritual from the court to intervene, we have not submitted our Association of the Bahá’is on 2 July 2009, assuring substantive written intervention. We are currently awaiting them of our ongoing support, and my right hon. Friend a response from the court to our request. the Prime Minister reinforced this message of support The UK is the only state competent to include a site in a private meeting with the group on 15 July 2009. within BGTW on a list of SCIs submitted to the Commission. We have placed on record that the UK Iran: Sanctions does not recognise the validity of the Spanish listing. Mark Pritchard: To ask the Secretary of State for Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will discuss Foreign and Commonwealth Affairs for what reasons with his EU counterparts extending economic sanctions the Government did not apply to join Gibraltar’s against Iran to include exported refined oil products. action in the European Court of Justice regarding Spain’s claim to Gibraltar’s territorial waters until [291548] after the deadline for such applications; and if he will make a statement. [291637] Mr. Ivan Lewis: The E3+3 invited Iran to re-enter talks about its nuclear programme in April 2009. Iran Chris Bryant: At the end of 2008 Spain put forward a has yet to provide a constructive response on the issues “Site of Community Importance”(SCI) under the habitats of concern, but has now agreed to meet E3+3 officials directive which encompasses British Gibraltar Territorial on 1 October 2009. Waters (BGTW). As the Commission only consulted Iran must take urgent positive steps to reassure the each state bilaterally on the sites it put forward, the UK international community that its nuclear programme is discussed only our own proposed sites (including two in for exclusively peaceful purposes, starting at the meeting Gibraltar) with the Commission. We therefore discovered on 1 October. Should Iran fail to do so, we will have no 43W Written Answers12 OCTOBER 2009 Written Answers 44W option but to pursue further sanctions. We are considering assurances that it and its subsidiaries were not involved the options available and will discuss them with EU in settlement construction or support for settler partners when necessary. organisations. Iraq: Iran Martin Linton: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent Mr. Drew: To ask the Secretary of State for Foreign discussions he has had with HM Treasury on the and Commonwealth Affairs what recent reports he has legality of collecting customs duties on exports from received on the detention of 36 Camp Ashraf residents illegal Israeli settlements. [289633] without charge or trial by Iraqi forces; and if he will make a statement. [292163] Mr. Ivan Lewis: Our officials continue to have discussions with HM Revenue and Customs (HMRC), regarding Mr. Ivan Lewis: The Iraqi Government have given the import of goods from and Occupied Palestinian assurances that no Camp Ashraf residents would be Territories (OPTs), especially consignments originating forcibly transferred to a country where they have reason from illegal Israeli settlements. to fear persecution, or where substantial grounds exist to believe they would be tortured. Products from Israeli settlements in the OPTs are not All 36 arrested on 28 July 2009 were released on prohibited by the law in the UK. However, in accordance 7 October 2009 and have returned to Camp Ashraf. The with the EU-Israel Association Agreement, HMRC Iraqi authorities have said they intend to resettle all continue to ensure that all consignments originating 36 to other countries once suitable arrangements are in from illegal Israeli settlements do not benefit from place. They had been detained under a combination of preferential EU tariff rates. charges related to the violence at the camp on 28 July 2009 and immigration violations. Martin Linton: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is Our ambassador in Baghdad met the Iraqi Human taking to discourage UK nationals from buying Rights Minister on 6 October 2009 to discuss the detention properties in illegal Israeli settlements in the occupied of the 36. He was briefed on the efforts underway to Palestinian territories. [289634] make arrangements for their release. During their detention our embassy in Baghdad was Mr. Ivan Lewis: The UK’s position has been consistently in regular contact with the Iraqi authorities, the UN robust—settlements are illegal, they are clear violation Assistance Mission in Iraq and the International Committee of international law. The Foreign and Commonwealth of the Red Cross (ICRC). The UN confirmed that they Office’s travel advice clearly outlines the UK position have been held in acceptable local conditions. Food and and that potential purchasers should be aware that a water was available throughout, but the 36 men chose to future peace deal between Israel and the Palestinians, or follow a hunger strike in protest at their detention. between Israel and , could have consequences for Medical care was provided during their detention. The property purchased in these settlements. 36 had regular access to the ICRC. Israel: Overseas Trade Libya: Foreign Relations

Martin Linton: To ask the Secretary of State for Andrew Mackinlay: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will take Foreign and Commonwealth Affairs what recent steps to introduce legislation to ensure that companies requests he has made to other Ministers on facilitation operating out of illegal Israeli settlements cannot trade of cooperation and training with the government of in the United Kingdom. [289631] Libya; and if he will make a statement. [292160]

Mr. Ivan Lewis: We are clear that settlement construction Chris Bryant: The former Prime Minister Tony Blair is a violation of international law and so we will continue visited Libya in March 2004 and May 2007 and agreed to press the Israeli Government immediately to freeze to co-operate with Libya in the fields of education and all settlement activity. But we have no plans to introduce culture, archaeology, health, judicial co-operation and legislation on the subject. training, economic and financial development, defence, counter terrorism, police co-operation and training, Martin Linton: To ask the Secretary of State for tourism, travel visas, migration, development and the Foreign and Commonwealth Affairs what recent steps environment in Africa. In addition we also cooperate he has taken to ensure that Government departments with Libya on Migration, Human Rights, Regional and agencies do not make purchases from illegal Israeli Security and undertake capacity building programmes settlements. [289632] such as police training and prison reform. Mr. Ivan Lewis: The Foreign and Commonwealth No specific measures of cooperation have been separately Office (FCO) does not have explicit policy precluding authorised by my right hon. Friends the Prime Minister the purchase of goods emanating from the settlements or the Foreign Secretary in the past 12 months. in the Occupied Palestinian Territories. However, in practice the FCO in London and FCO posts seek to Andrew Mackinlay: To ask the Secretary of State for avoid purchase of goods from settlements. A recent Foreign and Commonwealth Affairs what measures of example of this is when our Embassy in Tel Aviv co-operation in training he has authorised in respect of stopped negotiations to lease premises in Africa-Israel’s Libya in the last 12 months; and if he will make a Kirya Tower when the company was unable to give statement. [292161] 45W Written Answers12 OCTOBER 2009 Written Answers 46W

Mr. Ivan Lewis: The former Prime Minister Tony Mr. Ivan Lewis: The UK remains concerned about Blair visited Libya in March 2004 and May 2007 and recent developments in Niger that threaten the agreed to co-operate with Libya in the fields of education democratisation process across the region. We are working and culture, archaeology, health, judicial co-operation with EU partners on how we can best contribute to and training, economic and financial development, defence, restoring democracy and ensuring stability in Niger, counter-terrorism, police co-operation and training, tourism, and continue to lobby the regional body, the Economic travel visas, migration, development and the environment Community of Western African States, which is leading in Africa. In addition, we also co-operate with Libya on the search for a peaceful solution, to agree a way migration, human rights, regional security and undertake forward, working with the African Union and the UN. capacity building programmes such as police training North Korea: Human Rights and prison reform. No specific measures of co-operation have been Mr. Moore: To ask the Secretary of State for Foreign separately authorised by my right hon. Friends the and Commonwealth Affairs what recent assessment he Prime Minister or the Foreign Secretary in the past 12 has made of the human rights situation in North months. Korea, with particular reference to the repatriation of Linda Carty North Korean refugees by China; and if he will make a statement. [289287] Mr. Oaten: To ask the Secretary of State for Foreign and Commonwealth Affairs what contacts his Mr. Ivan Lewis: As set out in the Foreign and Department’s officials have had with (a) Linda Carty Commonwealth Office’s (FCO) Annual Human Rights and (b) her legal team on her sentence. [292121] Report, the Government continues to be deeply concerned by the reports of serious, widespread, and systematic Mr. Ivan Lewis: Since we became aware of Ms Carty’s human rights violations in North Korea. We raise these case in 2002 we have maintained regular contact with issues with the North Korean authorities at every her and her legal team. Consular staff keep in touch appropriate opportunity. However, the North Korean with her by letter and telephone and make prison visits. government refuses to engage. Our ambassador in We last spoke to Ms Carty on 9 September 2009 and Pyongyang raised our concerns with the Vice-Minister visited on 25 June 2009. of Foreign Affairs and Speaker of the North Korean Consular staff maintain regular contact with Ms parliament in February 2009 during the visit to North Carty’s US legal representatives, whom we last met on Korea by Lord Alton and Baroness Cox. He emphasised 29 September 2009, and with the UK non-governmental the importance of dialogue on human rights and urged organisation Reprieve, with whom we work closely on North Korea to accept a visit by the UN Special death penalty cases. We have also submitted two Amicus Rapporteur. Curie briefs to the US courts in relation to the case, the The Government have also continued to look for first in May 2006 and the second on 4 May 2009. opportunities to engage on the issue of North Korean The Government are strongly opposed to the death refugees. We urge China to observe its obligations under penalty. We express our opposition to its use on British the 1951 convention on the status of refugees and to nationals at whatever stage and level is judged appropriate allow the UN High Commissioner for Refugees access from the moment when the imposition of a death to the China-Democratic People’s Republic of Korea sentence becomes a possibility. We have made a number (DPRK) border region. This subject was raised with the of representations to the US Government on this case Chinese at the UK-China Human Rights Dialogue in concerning our view on the death penalty, and will January 2009. We urged China not to return those continue to do so. people crossing the border from DPRK to China. At our request, the issue of North Korean refugees was Middle East: Armed Conflict included in the UN Human Rights Council resolution on DPRK which was agreed on at the 10th session of Dr. Blackman-Woods: To ask the Secretary of State the Human Rights Council which was concluded on for Foreign and Commonwealth Affairs what recent 27 March 2009. discussions he has had with the US administration on progress towards a two-state solution for the Israeli and Occupied Territories: Housing Palestinian peoples. [290060] Martin Linton: To ask the Secretary of State for Mr. Ivan Lewis: My right hon. Friend the Foreign Foreign and Commonwealth Affairs what recent Secretary discussed the Middle East Peace Process in a representations he has made to the Israeli government telephone conversation with Senator Mitchell on on the expansion of settlements in the Occupied Golan 7 September 2009. We, along with our international Heights. [289625] allies, will continue to pursue vigorously a comprehensive peace based on a two-state solution, involving a viable Mr. Ivan Lewis: The UK’s position is clear on Israeli Palestinian state living alongside Israel in peace and settlements in occupied territory: they are illegal, a clear security. violation of international law and an impediment to the peace process. We have made this frequently clear to Niger: Politics and Government Israeli government and will continue to do so. Mr. Oaten: To ask the Secretary of State for Foreign Martin Linton: To ask the Secretary of State for and Commonwealth Affairs what recent discussions his Foreign and Commonwealth Affairs what representations Department has had with the Government of Niger on he has made to the Israeli government on its decision to that country’s constitution relating to presidential term expand the settlement east of Jerusalem at Ma’ale Adumim. limits. [292120] [289861] 47W Written Answers12 OCTOBER 2009 Written Answers 48W

Mr. Ivan Lewis: The UK’s position is clear: all settlements Pakistan: Christianity in the Occupied Palestinian territories, including the west bank and east Jerusalem, are a clear violation of Andrew Mackinlay: To ask the Secretary of State for international law. This includes the settlement of Ma’ale Foreign and Commonwealth Affairs what representations Adumim. the Government has made to the government of Pakistan We will continue to press Israel to adhere to its 2003 on the attacks on Christians (a) in Korian and Gojra Road Map commitments, including to freeze immediately and (b) elsewhere in Pakistan; what response has been all settlement activity and remove all outposts erected received; and if he will make a statement. [292398] since 2001. We regard a freeze on the expansion of settlements as a key element in restarting peace talks. Mr. Ivan Lewis: The UK supports freedom of religion and condemns any persecution on grounds of faith or Martin Linton: To ask the Secretary of State for religious belief. Incidents such as the attacks on Gojra Foreign and Commonwealth Affairs what representations and Korian are examples of the discrimination faced by he has made to the Israeli government on the threatened religious minorities in Pakistan. evictions of Palestinians from their homes in East Jerusalem. [289862] The UK regularly raises human rights concerns both bilaterally with the Government of Pakistan and together Mr. Ivan Lewis: We remain concerned by the continued with our EU partners. The latest attacks on the Christian eviction of Palestinian families in East Jerusalem. The community have been strongly condemned by both the UK has raised its concerns with the Israeli Government President and Prime Minister of Pakistan. And the and calls on Israel to suspend these eviction notices Government of Pakistan has announced a package of immediately. compensation for those affected by the attacks. We fully support the action the EU presidency has Following the attacks, our high commissioner in taken to do likewise and their 21 July 2009 statement on Islamabad raised our concerns about the attack in the issue. Gojra with the Chief Minister of Punjab, Shahbaz Sharif. Mr. Sharif assured the high commissioner that Overseas Residence: Pets the perpetrators would be brought to justice and that he had instructed the Lahore High Court to conduct an Mark Pritchard: To ask the Secretary of State for inquiry. Foreign and Commonwealth Affairs if he will take steps to reduce the number of pets abandoned by UK Petar Sutovic expatriates returning to the UK. [291562] Mr. Hands: To ask the Secretary of State for Foreign Chris Bryant: While the abandonment of domestic and Commonwealth Affairs what discussions his animals by UK expatriates on their return is sadly not Department has had with the Serbian government on unheard of, it is difficult to see what action my right (a) the death of Petar Sutovic in Belgrade in 2004 and hon. Friend the Foreign Secretary could take to prevent (b) the subsequent removal of his organs. [292147] it and consequently there are no plans to take steps to reduce the number of pets abandoned by UK expatriates Chris Bryant: We have raised various aspects of the returning to the UK. investigation into Petar Sutovic’s death with the Serbian Pakistan: Blasphemy Government at the family’s request and continue to make requests for information on behalf of the David Taylor: To ask the Secretary of State for Walthamstow Coroner’s Office which is conducting a Foreign and Commonwealth Affairs what recent second inquiry into Petar’s death. We requested information assessment he has made of the effect of the domestic from the Serbian Government regarding the removal of blasphemy laws on human rights in Pakistan. [292310] organs and we await a reply. Mr. Ivan Lewis: The UK continues to have concerns Punjab: Religious Freedom about the effect of blasphemy laws on human rights in Pakistan. David Taylor: To ask the Secretary of State for Together with our EU partners, the UK has encouraged Foreign and Commonwealth Affairs what recent the Government of Pakistan to repeal or amend its assessment he has made of the status of religious blasphemy laws to reduce the widespread misuse of this minorities in the Punjab province of Pakistan. [292311] legislation to discriminate against minority groups. In December 2008, the EU called upon the Government of Mr. Ivan Lewis: The UK continues to view the difficult Pakistan to promote tolerance, to effectively protect situation facing religious minorities in the Punjab and freedom of belief and freedom of expression and to indeed all of Pakistan as a cause for concern. The latest reform discriminatory legislation such as the blasphemy attacks on the Christian community in Gojra and ongoing laws. In August 2009, the EU also raised the attacks on persecution of the Ahmadiyya community are examples Christians in Gojra with the Pakistan Foreign Minister. of the dangers faced by religious minorities, and serve We continue to encourage Pakistan to fulfil its as reminders of the need to protect the religious freedom commitments under the UN Human Rights Council. of all Pakistanis. During the last Universal Periodic Review in May 2008, Alongside our EU partners, the UK continues to we secured a commitment from the Government of encourage the Government of Pakistan to repeal or Pakistan that checks would be introduced to regulate amend the blasphemy laws to reduce the widespread investigations into allegations of blasphemy that affect misuse of this legislation to discriminate against minority minority groups. groups. In December 2008, the EU called upon the 49W Written Answers12 OCTOBER 2009 Written Answers 50W

Government of Pakistan to promote tolerance, to effectively in Northern Ireland. We encourage the Government of protect freedom of belief and freedom of expression Sri Lanka to reach a satisfactory conclusion of the and to reform discriminatory legislation such as the APRC process as soon as possible. blasphemy laws. In August 2009, the EU also raised the attacks on Christians in Gojra with the Pakistan Foreign Sudan: Females Minister. We continue to encourage Pakistan to fulfil its Ms Keeble: To ask the Secretary of State for Foreign commitments under the UN Human Rights Council. and Commonwealth Affairs what representations he During the last Universal Periodic Review in May 2008, has made to the Sudanese Government on the we secured a commitment from the Government of imprisonment of Lubana al-Hussein and the Pakistan that checks would be introduced to regulate punishment of women arrested with her for wearing investigations into allegations of blasphemy that affect trousers. [291657] minority groups. Mr. Ivan Lewis: We raise human rights issues in Security Sudan through the EU and we have been in regular discussion with EU representatives in Khartoum and David T.C. Davies: To ask the Secretary of State for Stockholm regarding the arrests and trial. We have also Foreign and Commonwealth Affairs what expenditure made representations to the Government of Sudan his Department has incurred on engaging private (GoS) during the current session of the UN Human security companies and private military companies for Rights Council in Geneva and highlighted the case in a work undertaken in (a) Iraq and (b) Afghanistan in statement to the Council on 15 September 2009. each of the last three years. [291779] Whilst we welcome the release of Ms Hussein on 8 September 2009, we continue to call upon the Government Chris Bryant: The total values of the Foreign and of Sudan to act in the spirit of the rights set out in the Commonwealth Office’s contracts with private security Interim National Constitution and in particular the Bill companies in Iraq and Afghanistan in each of the last of Rights provision that no person should be subject to three years are as follows. We do not contract with torture or to cruel, inhuman or degrading treatment. private military companies. Iraq Western Sahara: Fisheries £ million Ms Katy Clark: To ask the Secretary of State for 2006-07 31.1 Foreign and Commonwealth Affairs pursuant to the 2007-08 30.8 answer of 1 July 2009, Official Report, column 291W, 2008-09 27.9 on Western Sahara: fisheries, if he will make it his Afghanistan policy to seek the inclusion of a reference to the £ million territorial extent of Morocco in any proposed agreement on fisheries between the EU and Morocco. 2006-07 15.3 [289327] 2007-08 20.9 2008-09 22.2 Mr. Ivan Lewis: The Government have no plans at present to seek the inclusion of a reference to the The figures above cover contracts put in place by territorial extent of Morocco in any future EU fisheries London, and reflect in the main the contract values and agreement with Morocco. not the expenditure. They also now include contract variations and have also been calendar year annualised. Future negotiations on the expiry of the EU-Morocco These contracts also cover Partners Across Government Fisheries Partnership Agreement in 2011 will take into with the costs thereof being shared out accordingly. account any changes that may occur before that time. Sri Lanka: Politics and Government Western Sahara: Human Rights

Mr. Jim Cunningham: To ask the Secretary of State Mark Williams: To ask the Secretary of State for for Foreign and Commonwealth Affairs what Foreign and Commonwealth Affairs what his assistance the Government is giving to the government Department’s policy is on the establishment of a of Sri Lanka to implement political and constitutional human rights monitoring mechanism in the Western reforms. [291526] Sahara. [290401]

Mr. Ivan Lewis: We regularly discuss with the Sri Mr. Ivan Lewis: The UK supports the call by the UN Lankan Government the need for an inclusive political Secretary General, in his latest report on the UN Mission solution to address the underlying causes of the recent for Referendum in the Western Sahara (MINURSO), conflict. It is ultimately for the Sri Lankan people to for the parties to remain engaged in a continuous and decide what a solution must look like, but we believe it constructive dialogue with the Office of the UN High would need to be based on equality, consent and rule of Commissioner for Human Rights and to make progress law. The All Party Representative Committee (APRC) on the human dimension of the conflict. was set up by the Sri Lankan President to build consensus The Government believe that greater openness and on political reforms. In 2008, we funded a visit by transparency on human rights by all the parties in the APRC members to England, Wales and Northern Ireland Western Sahara could create a significantly better to share our experiences of devolution, and peace building environment for political dialogue between the parties. 51W Written Answers12 OCTOBER 2009 Written Answers 52W

WORK AND PENSIONS constituency, (b) Dacorum, (c) Hertfordshire and (d) England in (i) 1980, (ii) 1997, (iii) 2001, (iv) 2005 and Attendance Allowance (v) 2008. [289405] Mike Penning: To ask the Secretary of State for Work and Pensions how much was paid in attendance Jonathan Shaw: The available information is shown allowance to residents of (a) Hemel Hempstead in the table.

Attendance allowance, expenditure: Cash terms £ million 1980-81 1997-98 2001-02 2005-06 2008-09

Hemel Hempstead — 2.9 3.8 5.9 6.9 Dacorum — 4.2 5.4 8.2 9.6 Hertfordshire — 36.4 46.1 63.2 74.4 England — 2,073 2,566 3,200 3,929 Notes: 1. Figures are expressed in £ million and rounded to the nearest £100,000 for all areas except England which is rounded to the nearest £1 million. 2. Expenditure is in cash (nominal) terms. 3. Figures given for Hemel Hempstead represent the Hemel Hempstead parliamentary constituency. 4. Figures given for Dacorum represent Dacorum local authority. 5. Figures given for Hertfordshire represent the county of Hertfordshire which is made up of the following local authorities: Broxbourne, Dacorum, East Hertfordshire, Hertsmere, North Hertfordshire, St. Albans, Stevenage, Three Rivers, Watford, Welwyn Hatfield. 6. Expenditure for 1980 is not available for these areas. 7. Figures are consistent with benefit expenditure tables available on the DWP website through the following link: http://research.dwp.gov.uk/ asd/asd4/expenditure.asp Source: DWP statistical and accounting data.

Mr. Harper: To ask the Secretary of State for Work Carer’s Allowance and Pensions what discussions she has had with the Secretary of State for Health on proposals to abolish Andrew George: To ask the Secretary of State for attendance allowance outlined in the recent Green Work and Pensions how many people have ceased to Paper, Shaping the future of care together, in the last receive carers allowance due to the receipt of a (a) five months; and if she will make a statement. [292102] pension and (b) other income replacement benefit in (i) St Ives constituency, (ii) Cornwall and (iii) England in each of the last five years. [287927] Jonathan Shaw: The Department of Health’s Green Paper, “Shaping the Future of Care Together”, was a Jonathan Shaw: The available information is in the product of very close working between Government following table: Ministers across a number of Departments, including Number of people who ceased to receive carer’s allowance when they the Secretary of State for Health and the Secretary of began claiming state pension or another income replacement benefit State for Work and Pensions. March to St. Ives Cornwall February each parliamentary unitary year constituency authority England

Attendance Allowance: 2004-05 20 100 7,410 2005-06 20 150 7,740 2006-07 30 170 9,120 Mr. Godsiff: To ask the Secretary of State for Work 2007-08 40 180 10,020 and Pensions how much was paid in attendance 2008-09 30 160 10,140 allowance to residents of the Birmingham, Sparkbrook Notes: & Small Heath constituency in (a) 2001, (b) 2005 and 1. Figures are rounded to the nearest 10. (c) 2008. [291447] 2. Data shows those people who ceased receiving carer’s allowance and began receiving state pension or another income replacement benefit in the same quarter but retained underlying entitlement. Jonathan Shaw: The information is provided in the Source: following table. Information Directorate Work and Pensions Longitudinal Study Total value of attendance allowance payments to people in the Andrew George: To ask the Secretary of State for Birmingham Sparkbrook and Small Heath parliamentary constituency Work and Pensions pursuant to the answer of 16 July in 2001, 2005 and 2008 2009, Official Report, column 690W,on carer’s allowance, £ million (nominal terms) if she will extend carer’s allowance to include a costs-related 2001-02 5.3 element. [289331] 2005-06 6.9 Jonathan Shaw: There are no plans to extend carer’s 2008-09 7.9 allowance to include a costs-related element. Notes: 1. Figures are consistent with budget 2009 expenditure forecast. Andrew Stunell: To ask the Secretary of State for 2. Benefit and expenditure and caseload information is available on Work and Pensions (1) how many people were eligible the Department website at: http://reasearch.dwp.gov.uk/asd/asd4/medium_term.asp to receive carer’s allowance in each local authority area Source: on the latest date for which figures are available; DWP Statistical and Accounting data [289390] 53W Written Answers12 OCTOBER 2009 Written Answers 54W

(2) how many and what proportion of people were in Letter from Stephen Geraghty: receipt of carer’s allowance in each local authority area In reply to your recent Parliamentary Question about the on the latest date for which figures are available. Child Support Agency, the Secretary of State promised a substantive [289391] reply from the Child Maintenance Commissioner as the Child Support Agency is now the responsibility of the Child Maintenance and Enforcement Commission. Jonathan Shaw: The available information has been placed in the Library. You asked the Secretary of State for Work and Pensions, how many parents resident in Wales defaulted on child support payments in each of the last five years. [291172] John Mason: To ask the Secretary of State for Work Information on the number of cases where the non-resident and Pensions how much her Department spent on the parent is not compliant and is living in Wales is provided in the administration of carer’s allowance in the last five attached table. This includes child maintenance cases held on years. [289707] both the current (CS2) and old (CSCS) computer systems and excludes cases administered clerically. Jonathan Shaw: The following table shows the Quarterly figures as at June 2009 show 73% of non-resident administration costs for carer’s allowance over the last parents living in Wales are compliant with their child maintenance five financial years. payments. I hope you find this answer helpful. Total (£) Number of non-compliant cases where the non-resident parent lives in 2004-05 18,703,511 Wales 2005-06 19,765,641 Cases where Non- 2006-07 20,189,552 maintenance compliant Percentage June each year requested cases compliant 2007-08 18,881,544 2008-09 15,912,162 2005 28,700 9,200 68 Notes: 2006 29,700 8,200 72 Total administration costs include: 2007 32,100 9,200 71 1. Staff: including salaries, national insurance, superannuating, overtime costs and other payroll adjustments. 2008 32,700 9,500 71 2. Non staff: including medical evidence costs, travel, subsistence, 2009 32,100 8,600 73 postage and general office expenses i.e. stationery. Notes: 3. Recharges: payments given to take account of additional costs 1. This table shows the number of cases that were charged money via incurred piloting changes to working practises. the Agency’s collection service over a three month period and the Source: number of cases from which a payment was not received from over General ledgers (GL) and expenditure reports. the same period. 2. Cases have been allocated to Wales by matching the residential Carer’s Allowance: Hemel Hempstead postcode of the non-resident parent against the Office for National Statistics postcode directory. 3. Figures cover cases held on the CS2 and CSCS computer systems Mike Penning: To ask the Secretary of State for Work only and exclude the performance of cases administered clerically. and Pensions how many people in Hemel Hempstead 4. Volumes are rounded to the nearest hundred. constituency (a) are entitled to and (b) receive carer’s Cold Weather Payments: Birmingham allowance. [289438] Mr. Godsiff: To ask the Secretary of State for Work Jonathan Shaw: The available information is in the and Pensions how many cold weather payments have following table: been made to residents of Birmingham, Sparkbrook People in Hemel Hempstead constituency who are entitled to and and Small Heath constituency in each year since 2003. receiving carer’s allowance at November 2008 [291702] Number Helen Goodman: Birmingham, Sparkbrook and Small All entitled cases 1,080 Heath constituency is linked to Coleshill weather station. Cases in payment 610 The number of times cold weather payments have been Note: triggered at this weather station in each year since Figures are rounded to the nearest 10. Source: 2002-03 is given in the following table. Work and Pensions Longitudinal study 100 per cent. Cold weather payment triggers at Coleshill weather station Children: Maintenance Number 2002-03 1 Mrs. Gillan: To ask the Secretary of State for Work 2003-04 0 and Pensions how many parents resident in Wales 2004-05 0 defaulted on child support payments in each of the last 2005-06 0 five years. [291172] 2006-07 0 2007-08 0 Helen Goodman [holding answer 14 September 2009]: 2008-09 3 The Child Maintenance and Enforcement Commission Source: is responsible for the child maintenance system. I have DWP records asked the Child Maintenance Commissioner to write to It is not possible to give the estimated number of the hon. Member with the information requested and I payments made in 2002-03 and 2008-09 to residents of have seen the response. Birmingham, Sparkbrook and Small Heath constituency 55W Written Answers12 OCTOBER 2009 Written Answers 56W as this information is not available at constituency level Jim Knight: The following table shows, at 31 March but only by weather station, and Coleshill weather 2009, the average length of time staff have been employed station covers a wider area than just this constituency. at the Department for Work and Pensions and its predecessor organisations, broken down by grade. Departmental Electronic Equipment Average length of service Justine Greening: To ask the Secretary of State for Grade years Work and Pensions how many (a) mobile telephones, Administrative Assistant 8 (b) Blackberrys and (c) laptop computers have been Administrative Officer 9 issued to staff of her Department in each of the last Executive Officer 22 five years; and how many of these were issued to (i) new staff and (ii) existing staff following (A) loss or (B) Higher Executive Officer 24 Senior Executive Officer 26 theft of a previous device. [290409] Grade 7 23 Jim Knight: The information is not available in the Grade 6 24 format requested and could be provided only at Senior Civil Servants 21 disproportionate cost. The information that is available Departmental Official Hospitality is provided in the following tables.

Numbers issued Mrs. Villiers: To ask the Secretary of State for Work Devices 2006-07 2007-08 2008-09 and Pensions pursuant to the answer of 14 May 2009, Official Report, column 909W, on departmental official Mobile telephones n/a 2,583 4,810 hospitality, how much her Department spent on Blackberry devices n/a 363 536 hospitality and entertainment in 2008-09. [290176] Laptop computers 18,224 16,818 18,848 n/a = Not available. Jim Knight: The 2008-09 accounts have now been 1 Number of active laptop computers in issue at 31 March 2009. published and the expenditure on hospitality can be The Department’s records do not differentiate between confirmed as £116,652. items issued to new or existing staff, nor whether items All expenditure on entertainment (also known within were replaced as a result of loss, theft or other reasons. the Department as hospitality) is made in accordance These details could be provided only at disproportionate with published Departmental guidance on financial cost. procedures and propriety, based on principles set out in The number of Blackberry devices which were replaced Managing Public Money and the Treasury Handbook for any reason during 2007 and 2008 is as follows: on Regularity and Propriety. Departmental Paternity Leave Number of devices replaced

2007 22 Justine Greening: To ask the Secretary of State for 2008 11 Work and Pensions how many staff took paternity leave from her Department in each of the last five Departmental Manpower years; and what the average duration of such leave was. [290414] Justine Greening: To ask the Secretary of State for Work and Pensions what estimate she has made of the Jim Knight: The total number of staff in DWP that average length of employment of staff of her took paternity leave and the average length of such Department at each Civil Service payband. [290412] leave is shown in the following table.

Number of staff taking paternity leave Average duration (days)

1 April 2009 to 30 June 20091 73 13 1 April 2008 to 31 March 2009 413 14 1 April 2007 to 31 March 2008 408 13 1 Information for the current year is available for the first quarter.

Information is available from April 2007 when the scheme; and what the cost of operating each scheme Department introduced a new personnel computer system. was in each of the last five years. [290416] Information prior to April 2007 is held on a number of legacy systems. The cost of extracting this information Helen Goodman: There are two pay-related employee from these in the format requested for the period prior reward schemes operating in the Department for Work to April 2007 would be at a disproportionate cost. and Pensions. These are the end of year non-consolidated Departmental Pay performance pay and special awards. End of Year non-consolidated Performance Pay Justine Greening: To ask the Secretary of State for DWP employees below the Senior Civil Service are Work and Pensions what employee reward schemes are eligible for an annual individual non-consolidated offered to staff of her Department; what the purpose performance payment if they attain a “Top”, “Higher” of each scheme is; how many staff participate in each or “Majority” rating under the annual Performance and 57W Written Answers12 OCTOBER 2009 Written Answers 58W

Development System. The payment awarded is determined award. Payments are made to recognise exceptional by the employee’s pay band and the performance level achievements beyond what would normally be expected. achieved. Information on Special Awards prior to 2007-08 is For the Senior Civil Service, end of year non-consolidated not available. performance pay is determined by the relevant DWP Some individuals may have received more than one SCS Pay Committee, in line with recommendations by voucher during the year. the independent Senior Salaries Review Body. Table 4: Cash payments 1 Performance awards from the year 2008-09 were payable in July Total number of of the financial year 2009-10. A total of £21.81 million has been Financial year recipients Total paid (£ million) paid. This is broken down as follows: 2007-08 11,250 2.70 Table 1: Department total 2008-09 14,612 3.04 Total number of Financial year recipients Total paid (£ million) Table 5: Voucher payments 2005-06 123,825 42.82 Total number of Financial year vouchers issued Total paid (£ million) 2006-07 116,096 40.68 2007-081 111,943 36.61 2006-07 14,392 0.9 2008-09 107,726 23.32 2007-08 31,237 1.77 2009-10 109,334 21.81 2008-09 28,869 1.03

Table 2: Total below SCS Total number of Loyalty and Recognition Award Scheme Financial year recipients Total paid (£ million) The Department also has a Loyalty and Recognition 2005-06 123,620 41.43 scheme that allows staff who have completed 25 years 2006-07 115,896 39.01 service the choice of receiving an award of either a gift 2007-08 111,741 34.88 up to the value of £250 or an additional 37 hours (36 in 2008-09 107,518 21.50 London Pay Zones) special leave with pay regardless of 2009-10 109,125 20.05 the hours they work. The following table shows the total number of staff Table 3: Total SCS awarded the Loyalty and Recognition Award in each Total number of Financial year recipients Total paid (£ million) year since April 2007. This has been broken down to show the number of staff who received the additional 2005-06 205 1.39 special leave and the days taken, the number who received 2006-07 200 1.67 the financial gift and the total cost of financial gift 2007-08 202 1.73 payments. 2008-09 208 1.82 It is not possible to provide the monetary value of the 2009-10 209 1.76 additional special leave taken because information is not recorded in this format. Special Awards Information about the Loyalty and Recognition Scheme Individuals may also be entitled to a Special Award was not recorded centrally prior to April 2007. The cost either as cash or retail vouchers. These are one-off of extracting this information in the format requested recognition awards, payable at any time during the for the period prior to April 2007 would be at a performance year and are not linked to the annual pay disproportionate cost.

Table 6: Loyalty and recognition awards Total number of staff awarded the Total number of staff Total number in days of Total number of staff 25 year loyalty and who opted to receive the additional special leave who opted to receive the Total cost of financial Financial year recognition award additional special leave taken financial gift gift payments (£)

2007-08 468 257 1,328 211 50,748.64 2008-09 731 192 909 539 106,495.88 Notes: 1. The information in tables 1 and 2 is based on the numbers of employees recorded on the DWP payroll systems as having received a qualifying performance mark. These are headcount. 2. Some individuals may have received more than one type of bonus payment in the year, which is why the information has been presented separately and not as an aggregated total. 3. The performance bonus is paid in the financial year following the performance year of 1 April to 31 March 2009. 4. The total amount paid includes Employers National Insurance Contribution (ERNIC). 5. In-year cash bonus data was previously held on a separate IT system. Data from this system can only be obtained from a third party and there would be a cost ascribed to this provision. This would bring the cost of answering this PQ to above the threshold considered proportionate.

These figures are the best available. Department has established a public sector reform team to implement service reforms; and if she will Departmental Public Expenditure make a statement. [289731]

Mr. Brady: To ask the Secretary of State for Work and Pensions which Minister in her Department has Jim Knight: I have responsibility for overseeing the been assigned responsibility for overseeing the delivery delivery of value for money within the Department for of value for money in her Department; whether her Work and Pensions (DWP). 59W Written Answers12 OCTOBER 2009 Written Answers 60W

DWP established a departmental wide change intergenerational volunteering. These sites will be run programme in 2007 in order to transform the way by local authorities in partnership with the third sector services are delivered, so that we transform the quality including charities. of customer service and drive up the efficiency of our The Department funds partnerships between, for delivery. Transforming DWP means putting the customer example, local authorities and voluntary groups. It is at the heart of everything we do. not possible to easily identify the proportion which goes DWP is committed to being an exemplar of effective to charities. service delivery and we are the first Government Department to have a Department Strategic Objective Housing Benefit (DS07) to this effect. To support this we are developing and delivering new integrated services so that DWP Mr. Vara: To ask the Secretary of State for Work and customers will have their needs met through a single Pensions how many people have (a) applied for and contact with us most of the time. We are also offering (b) received housing benefit in (i) North West customers greater choice on how they access services Cambridgeshire, (ii) Cambridgeshire, (iii) Peterborough, and have an ambition to have most of our services (iv) Huntingdonshire and (v) England in each of the available online for those that prefer to use this channel. last five years. [291480] Helen Goodman: The information is not available in Departmental Recycling the format requested; the available information is in the following tables. Stewart Hosie: To ask the Secretary of State for Housing benefit recipients May 2005 to May 2007 Work and Pensions what proportion of her May 2005 May 2006 May 2007 Department’s waste was recycled in the latest period for which figures are available. [289618] England 3,314,600 3,357,980 3,401,590 Cambridgeshire 24,310 24,930 25,560 Jim Knight: Included within the targets for Sustainable Peterborough 11,340 11,480 11,940 Operations on the Government Estate is a requirement Huntingdonshire district 5,420 5,680 5,880 for Departments to achieve recycling rates of 40 per council cent. by 2010 and 75 per cent. by 2020. The Department Notes: already surpasses the initial target and is well on track 1. The data refer to benefit units, which may be a single person or a to achieve the longer term objective. couple. 2. Figures are rounded to the nearest 10. The following table shows the total measurable waste 3. Figures for any non-responding authorities have been estimated. produced by the Department and the amount recycled 4. Housing benefit figures exclude any extended payment cases. for the year ended 31 March 2009 compared with the 5. Figures for Cambridgeshire include Huntingdonshire district council; Cambridge city council; South Cambridgeshire district council; East year ended 31 March 2008. Cambridgeshire district council; and Fenland district council. Total measurable waste Source: Year ended Housing Benefit and Council Tax Benefit Management Information 31 March Year ended System Quarterly 100 per cent caseload stock-count taken in May 2008 31 March 2009 2005 to May 2007. Housing benefit recipients November 2008 to May 2009 Total Measurable Waste 20,343 19,514 November 2008 May 2009 Produced (metric tonnes) Recycling (metric tonnes) 12,952 12,824 England 3,538,690 3,738,890 Recycling as percentage of 64 66 Cambridgeshire 27,300 29,300 Total Waste Produced Peterborough 13,020 14,090 Huntingdonshire 6,450 7,030 Elderly: Charities district council Notes: 1. The data refer to benefit units, which may be a single person or a John Mason: To ask the Secretary of State for Work couple. and Pensions what support her Department has given 2. Figures are rounded to the nearest 10. to charities which help the elderly in each of the last six 3. Figures for any non-responding authorities have been estimated. 4. Housing benefit figures exclude any extended payment cases. years. [289709] 5. The earliest available data for the Single Housing Benefit Extract are for November 2008. Angela Eagle: My Department works closely with a 6. Figures for Cambridgeshire include Huntingdonshire district council; wide range of organisations both large and small, to Cambridge city council; South Cambridgeshire district council; East ensure the voice of older people is heard. Funding from Cambridgeshire district council; and Fenland district council. Source: Government is not necessarily provided direct to charitable Single Housing Benefit Extract (SHBE) for November 2008 and May organisations, however, they can receive support through 2009. a range of processes. : To ask the Secretary of State for For example, our LinkAge Plus pilots provided funding Work and Pensions what estimate she has made of the (£10 million) and engaged with local government, voluntary cost to registered social landlords of the introduction and community sectors including charities to ensure of direct payment of local housing allowance in (a) better information and access to services, putting older 2009-10 and (b) each of the next five years. [291580] people at the forefront of service design and delivery. More recently, my Department, along with DCSF, Helen Goodman: Local housing allowance rules are DH and the Office for the Third Sector is financing a not applied to registered social landlord cases. Therefore, £5.5 million programme to fund 12 sites encouraging direct payments will have no impact on this group. 61W Written Answers12 OCTOBER 2009 Written Answers 62W

Housing Benefit: Birmingham Justine Greening: To ask the Secretary of State for Work and Pensions (1) how many jobs advertised in Mr. Godsiff: To ask the Secretary of State for Work Jobcentre Plus offices were sourced through recruitment and Pensions how many people resident in Birmingham, agencies in each (a) region and (b) Jobcentre Plus Sparkbrook and Small Heath constituency were in receipt district in each month of the last five years; [289470] of housing benefit in each on the latest date for which (2) how many people have found employment from figures are available. [291555] jobs advertised in Jobcentre Plus which are sourced Helen Goodman: Housing benefit information is not from recruitment agencies in each (a) region and (b) available at constituency level. Jobcentre Plus district in each month of the last five Housing Benefit: Reform years. [289471] Margaret Moran: To ask the Secretary of State for Work and Pensions when she plans to (a) commence Jim Knight: The information is not available. and (b) conclude her review of the outcomes of the reforms of the housing benefit system. [291577] Helen Goodman: As was set out earlier this year in Jobcentre Plus: Buildings ‘Building Britain’s Future’, we intend to consult on the reform of housing benefit later on this year. No decision has yet been made about the exact timing of the consultation Mr. Leech: To ask the Secretary of State for Work exercise. and Pensions how many job centres are located in Incapacity Benefit buildings which are not owned by the Government. [289268] Mr. Harper: To ask the Secretary of State for Work and Pensions (1) how many and what proportion of incapacity benefit claims ended in each quarter of each Jim Knight: There are 741 Jobcentre Plus offices open of the last 12 years (a) because the claimant (i) died, to the public that are in buildings not owned by the (ii) returned to work and (iii) was moved on to each Government. These premises are supplied to Jobcentre different type of benefit and (b) for another reason; Plus by our Estate Services Provider, Telereal Trillium, [291278] under the PRIME contract arrangements. (2) how many and what proportion of incapacity benefit claimants who had left the benefit since the introduction of employment and support allowance did so because the claimant (a) is now deceased, (b) Jobcentre Plus: Complaints has returned to work and (c) has moved onto another benefit, broken down by benefit type, up to the end of February 2009. [291282] Jenny Willott: To ask the Secretary of State for Work and Pensions with reference to the answer of 26 November Jonathan Shaw [holding answer 16 September 2009]: 2008, how many formal complaints of each type were The information requested is not available. received by Jobcentre Plus in each region in (a) 2008-09 Incapacity Benefit: Perth and (b) 2009-10 on the latest date for which figures are Pete Wishart: To ask the Secretary of State for Work available; and if she will make a statement. [290825] and Pensions how many people claimed incapacity benefit in Perth and North Perthshire constituency in Jim Knight [holding answer 9 September 2009]: The each of the last three years. [289517] administration of Jobcentre Plus is a matter for the acting chief executive of Jobcentre Plus, Mel Groves. I Jonathan Shaw: The available information is provided have asked him to provide the hon. Member with the in the following table: information requested. Incapacity benefit/severe disablement allowance claimants in Perth and North Perthshire constituency for quarters ending November 2006 to November 2008 Letter from Mel Groves: November Number The Secretary of State has asked me to reply to your question asking, with reference to the Answer of 26 November 2008, how 2006 4,130 many formal complaints of each type were received by Jobcentre 2007 4,180 Plus in each region in (a) 2008-09 and (b) 2009-10 on the latest 2008 4,030 date for which figures are available. This is something that falls Notes: within the responsibilities delegated to me as Acting Chief Executive 1. Figures are rounded to the nearest 10. of Jobcentre Plus. 2. Figures excluded employment and support allowance introduced in October 2008 for new claimants. 3. Data are published at: www.nomisweb.co.uk Jobcentre Plus operates a three-tiered feedback process in Source: response to issues raised by customers: Work and Pensions Longitudinal Study 100 per cent. Jobcentre Plus level 1 is feedback received at a specific Jobcentre Plus Office responded to by the Site Manager; Justine Greening: To ask the Secretary of State for level 2 is feedback received by the District Manager or feedback Work and Pensions how many jobs were advertised in not resolved at level 1; Jobcentre Plus offices in each (a) region and (b) Jobcentre level 3 is feedback received direct by the Chief Executive, Plus district in each month of the last five years. [289195] particularly correspondence from MPs, or feedback not resolved Jim Knight: The available information has been placed at level 2. in the Library. The information requested is shown in the following tables. 63W Written Answers12 OCTOBER 2009 Written Answers 64W

Level 1 and 2 complaints received by Jobcentre Plus Jobcentre Plus region 2008-09 2009-10

East Midlands 948 381 East of England 3,901 1,981 London 4,008 2,230 North West 3,672 1,296 North East 2,125 1,002 Scotland 3,841 1,425 South East 4,435 2,020 South West 5,783 2,253 West Midlands 3,540 1,611 Wales 2,883 1,266 Yorkshire and Humberside 2,853 1,588

Level 3 complaints received by Jobcentre Plus Jobcentre Plus region 2008-09 2009-10

East Midlands 204 77 East of England 474 214 London 781 284 North West 379 175 North East 159 55 Scotland 250 111 South East 636 277 South West 391 134 West Midlands 207 86 Wales 228 101 Yorkshire and Humberside 245 79

The figures for 2009/10 are up to the end of July. The total hours of learning and product sets for advisers, decision makers, disability benefit advisers and specialist lone Jobcentre Plus: Pay parent advisers has not changed. However, to support the current high volume of new recruits taking up these roles, we have prioritised the learning programme Steve Webb: To ask the Secretary of State for Work that they undertake. and Pensions how many and what proportion of (a) New recruits will initially complete prioritised learning products Jobcentre Plus staff in each district and (b) Pension to enable them to take up their positions. This prioritised routeway Service staff received bonuses in each month of (i) does not replace the full standard learning product set as the 2009-10 to date, (ii) 2008-09 and (iii) 2007-08. [286640] remaining products are completed once the individual has taken up post, within a timeframe determined by their local managers. Jim Knight: The information is not available and By way of illustration, a newly recruited adviser will complete could be obtained only at disproportionate cost. 130 hours of prioritised learning prior to taking up post and the remaining 85 hours of learning subsequently. Jobcentre Plus: Training Existing Jobcentre Plus employees would again initially complete priority learning to enable them to move into an adviser role but the hours of training on priority products would be reduced Steve Webb: To ask the Secretary of State for Work dependant upon their existing skills and knowledge. Similarly, the and Pensions whether she has recently changed the remaining learning products are completed within a timeframe number of hours of training for (a) personal advisers, determined by local managers. (b) decision makers, (c) disability benefit advisers and Jobseeker’s Allowance (d) specialist lone parents advisers who are (i) new employees and (ii) existing Jobcentre Plus employees; and if she will make a statement. [289504] Mr. Vara: To ask the Secretary of State for Work and Pensions how many (a) individuals and (b) couples Jim Knight: The administration of Jobcentre Plus is a with a dependant child were in receipt of (i) matter for the acting chief executive of Jobcentre Plus, income-based and (ii) contribution-based jobseeker’s Mel Groves. I have asked him to provide the hon. allowance in each of the last 10 years. [290848] Member with the information requested. Helen Goodman [holding answer 9 September 2009]: Letter from Mel Groves: Information is not available for the requested breakdown. The Secretary of State has asked me to reply to your question asking whether she has recently changed the number of hours of Jobseeker’s Allowance: Lone Parents training for (a) personal advisers, (b) decision makers, (c) disability benefit advisers and (d) specialist lone parents advisers who are (i) new employees and (ii) existing Jobcentre Plus employees; and if Mr. Vara: To ask the Secretary of State for Work and she will make a statement. This is something that falls within the Pensions how many lone parents under the age of 18 responsibilities delegated to me as Acting Chief Executive of were in receipt of income-based jobseeker’s allowance Jobcentre Plus. in each of the last 10 years. [290863] 65W Written Answers12 OCTOBER 2009 Written Answers 66W

Helen Goodman [holding answer 9 September 2009]: Number of people who have entered into the New Deal in Hemel Hempstead The information is not available in the format requested. constituency. However, almost all lone parents under the age of 18 on Number of starters benefits claim income support rather than jobseeker’s 1998 120 allowance as they are not required to be available for 1999 200 work. 2000 180 2001 180 Members: Correspondence 2002 240 2003 270 2004 420 Sir Gerald Kaufman: To ask the Secretary of State for 2005 390 Work and Pensions when she plans to reply to the letter 2006 480 of 8 June 2009 from the right hon. Member for 2007 580 Manchester, Gorton on Ms C Sudbury. [290235] 2008 480 2009 110 Jim Knight: A reply was sent to my right hon. Friend Total 3,650 on 4 August 2009. Notes: 1. Figures are rounded to the nearest 10. 2. Figures may not sum to total due to rounding. Sir Gerald Kaufman: To ask the Secretary of State for 3. Westminster parliamentary constituency (post May 2005) is allocated using the ONS Postcode Directory and the customer’s postcode. Work and Pensions when she plans to reply to the letter 4. Latest data for the calendar year of starting New Deal is to February 2009. of 17 June 2009 from the right hon. Member for 5. The New Deal for Young People pilots began in January 1998 and full Manchester, Gorton on Mr. J Hopkinson. [290238] national roll-out occurred in April 1998 6. The New Deal for 25 plus programme was introduced in July 1998 7. The New Deal for Lone Parents was introduced in October 1998 Jim Knight: A reply was sent to my right hon. Friend 8. The New Deal for Disabled People was introduced in July 2001 9. Data on New Deal 50 plus is available from January 2004 (programme was on 11 August 2009. introduced in April 2000) 10. Data for New Deal for Partners is available from April 2004 (programme started in May 1999) Mr. Winnick: To ask the Secretary of State for Work Source: and Pensions when she plans to reply to the letter of Department for Work and Pensions, Information Directorate 28 July 2009 from the hon. Member for Walsall North Nuclear Installations Inspectorate: Manpower concerning a constituent. [291089] Jonathan Shaw [holding answer 14 September 2009]: : To ask the Secretary of State for Work A reply was sent to the hon. Member on 27 August and Pensions what assessment she has made of the 2009. effect of staffing levels in the (a) the Nuclear Installations National Insurance Contributions: Young People Inspectorate and (b) the HSE Nuclear Directorate on (i) safety at the UK’s nuclear sites and (ii) the rate of Bob Russell: To ask the Secretary of State for Work progress of the generic design assessment. [289870] and Pensions what estimate she has made of the number of people aged under 25 years old who have not paid Jonathan Shaw: Primary responsibility for safety at sufficient national insurance contributions to obtain the UK’s nuclear sites rests with the operators of those full benefits; and if she will make a statement. [289765] sites. The role of HSE’s Nuclear Directorate, which includes the Nuclear Installations Inspectorate, is to Jim Knight: The information requested is not available. provide regulatory oversight and assurance that they New Deal Schemes: Contracts discharge that responsibility.I am advised by Her Majesty’s Chief Inspector of Nuclear Installations that he has the Simon Hughes: To ask the Secretary of State for resources available to discharge that role. Work and Pensions which sub-contractors have non contracts for phase one of the Flexible New Deal; how As a result of successive recruitment exercises, resources many such sub-contractors are third sector organisations; in the Directorate for generic design assessment should and if she will make a statement. [290900] reach planned levels by December this year. The Health and Safety Executive is confident, subject to the provision Jim Knight [holding answer 9 September 2009]: A of the necessary documentation from the industry, that total of 14 prime contractors were awarded the FND it will meet the published timetable for completing a Phase 1 contracts. Additionally about 150 organisations meaningful assessment of the generic design proposals will become sub-contractors for FND1 and we expect by June 2011. of these approximately 40percent of the total to be The Government are determined to ensure that nuclear third sector organisations. These have not yet been regulation is properly and sustainably resourced to meet finalised and numbers may be subject to change between the challenges of the future. It has published proposals now and the contract go live when DWP will have full to restructure the Nuclear Directorate to that end, visibility of the sub-contractors. which can be found at: New Deal Schemes: Hemel Hempstead http://www.decc.gov.uk/en/content/cms/consultations/ hse_restruct/hse_restruct.aspx Mike Penning: To ask the Secretary of State for Work and Pensions how many people in Hemel Hempstead Nuclear Power: Safety constituency have received assistance through New Deal schemes in each year since 1997. [289437] Greg Clark: To ask the Secretary of State for Work and Pensions what budget her Department has set for Jim Knight: The information requested is as follows. the (a) Nuclear Installations Inspectorate, (b) Office 67W Written Answers12 OCTOBER 2009 Written Answers 68W for Civil Nuclear Security and (c) HSE Nuclear Directorate Households in Hemel Hempstead constituency in receipt of pension for each of the next five financial years. [290372] credit 2008 Number

Jonathan Shaw: The information requested in relation February 3,460 to 2009-10 and 2010-11 is provided in the following May 3,430 table. August 3,450 Gross Expenditure budget of the Health and Safety November 3,430 Executive’s (HSE) Nuclear Directorate (ND), comprising Notes: the Nuclear Installations Inspectorate (NII) and the 1. The number of households in receipt of pension credit are rounded Office for Civil Nuclear Security (OCNS), for this and to the nearest 10. the next financial year. 2. Totals may not sum due to rounding. 3. Household recipients are those people who claim pension credit either for themselves only or on behalf of a household. £000 Source: Financial year (a) NII (b) OCNS (c) ND DWP Information Directorate Work and Pensions Longitudinal Study 100 per cent. data. 2009-10 35,666 3,334 39,000 2010-11 37,948 3,547 41,495 Pensions Service: Manpower Notes: 1. HSE has allocated a budget to ND for 2009-10 and an indicative Bob Russell: To ask the Secretary of State for Work budget for 2010-11 as shown in the table. The figures are rounded to the nearest thousand. and Pensions how many and what percentage of 2. HSE has not yet set budgets for 2011-12 and beyond as this year is Pensions Service staff left the service in the last (a) six outside of the current Spending Review settlement. and (b) 12 months. [289764] Pension Credit: Birmingham Angela Eagle: The information available is in the following table: Mr. Godsiff: To ask the Secretary of State for Work and Pensions (1) what estimate her Department has Leavers made of the number of people entitled to a pension November 2008 to April 2009 (six July 2008 to April credit who have not claimed it in the Birmingham, months) 2009 (10 months) Sparkbrook and Small Heath constituency in each of the last three years; [291446] Former TPS 778.24 1,320.4 leavers (2) how many people in Birmingham Sparkbrook As a percentage 813 and Small Heath constituency (a) are entitled to and of all staff (b) receive pension credit. [291567] Note: The Pension Service (TPS) and Disability and Carers Service (DCS) Angela Eagle: Estimates of eligibility and therefore merged to form Pension, Disability and Carers Service (PDCS) in those who are entitled to pension credit but have not April 2008. The resource management staffing records remained as claimed it are not available below the level of Great separate entities until April 2009—therefore data for the former TPS are not available beyond that date Britain. Source: The latest estimates of the take-up rates and the RM Dataview. number of those entitled to but not receiving pension credit are published in the report ″Income Related Retirement Benefits Estimates of Take-Up in 2007-08”. As at February 2009 there were 7,680 households in Mr. Jim Cunningham: To ask the Secretary of State receipt of pension credit in the Birmingham, Sparkbrook for Work and Pensions how many people in (a) the and Small Heath constituency. UK and (b) Coventry were obliged to retire at the age Notes: of 65 years in 2008-09. [291516] 1. The number of households in receipt are rounded to the nearest ten. Angela Eagle: This information is not available. 2. Household recipients are those people who claim pension credit either for themselves only or on behalf of a household. Scotland Source: DWP Information Directorate Work and Pensions Longitudinal Stewart Hosie: To ask the Secretary of State for Study 100 per cent. data. Work and Pensions whether her Department plans to make a submission to the Scottish Executive’s National Pension Credit: Hemel Hempstead Conversation consultation on Scotland’s constitutional future. [288947] Mike Penning: To ask the Secretary of State for Work and Pensions how many households in Hemel Jim Knight: The Department for Work and Pensions Hempstead constituency were in receipt of pension has not submitted evidence to the ’s credit in the last 12 month period for which figures are National Conversation. available. [289436] The Commission on Scottish Devolution was established by majority vote in the and with the Angela Eagle: The number of household recipients of full support of the UK Government. UK Departments pension credit in the Hemel Hempstead constituency is submitted evidence to the Commission during its first shown in the following table. phase of evidence gathering. 69W Written Answers12 OCTOBER 2009 Written Answers 70W

The Commission recently published its Final Report, Social Security Benefits which can be found here: http://www.commissiononscottishdevolution.org.uk/uploads/ 2009-06-12-csd-final-report-2009fbookmarked.pdf Mike Penning: To ask the Secretary of State for Work A Steering Group has been established under the and Pensions how much was paid in benefit payments chairmanship of the Secretary of State for Scotland to to residents of (a) Hemel Hempstead constituency, help the UK Government and the Scottish Parliament (b) Dacorum, (c) Hertfordshire and (d) England in plan how to take forward the Caiman recommendations (i) 1980, (ii) 1997, (iii) 2001, (iv) 2005 and (v) 2008. and deliver stronger devolution within a stronger United [289406] Kingdom. Jim Knight: The requested information is not available Social Fund and could be obtained only at disproportionate cost. Hugh Bayley: To ask the Secretary of State for Work and Pensions how many people in (a) Yo rk , (b) North Bob Russell: To ask the Secretary of State for Work Yorkshire, (c) Yorkshire and the Humber and (d) and Pensions what estimate she has made of the England have received a (i) grant and (ii) loan from the number and proportion of benefit claimants whose Social Fund in each year since the establishment of benefit entitlement was incorrectly assessed in each of that Fund. [290652] the last three years for which figures are available; and if she will make a statement. [289766] Helen Goodman (holding answer 9 September 2009): The available information is shown in the following table. Helen Goodman: The Department’s measurement system for fraud and error does not estimate the number or Yorkshire and the proportion of cases of fraud or error over a given Humber England period.

Community care grant number It does, however, provide estimates of the average of initial awards proportion and number of claims that are fraudulent or 1997-98 n/a 180,500 in error at any one time during a year for income 1998-99 n/a 173,300 support, jobseeker’s allowance and pension credit. Estimates 1999-2000 n/a 168,500 are also produced for housing benefit, but only on the 2000-01 n/a 173,500 proportion of claims that are fraudulent or in error at 2001-02 n/a 179,700 any one time during a year. 2002-03 n/a 190,300 The available information is provided in the following 2003-04 n/a 198,200 tables. 2004-05 22,800 200,700 2005-06 23,500 215,800 Estimates of average proportion and number of incorrect cases in Income Support at any one time 2006-07 22,700 215,900 Average number incorrect Average proportion 2007-08 22,300 196,800 (thousand) incorrect (percentage) 2008-09 23,400 200,000 2005-06 380 18.2 2006-07 330 16 Loan (budgeting and crisis) number of initial awards 2007-08 298 14.7 1997-98 n/a 1,354,000 Notes: The average number incorrect has been rounded to the nearest thousand. 1998-99 n/a 1,397,000 Source: 1999-2000 n/a n/a Supplementary tables to National Statistics publication series ″Fraud and Error 2000-01 n/a 1,596,100 in the Benefit System 2001-02 n/a 1,708,400 Estimates of average proportion and number of incorrect cases in Jobseeker’s Allowance at any one time 2002-03 n/a 1,781,800 Average number incorrect Average proportion 2003-04 n/a 1,777,200 (thousand) incorrect (percentage) 2004-05 194,400 1,702,000 2005-06 197,200 1,720,600 2005-06 61 7.8 2006-07 210,700 1,858,900 2006-07 68 8.2 2007-08 214,400 2,040,400 2007-08 46 6.3 2008-09 237,000 2,479,300 Notes: The average number incorrect has been rounded to the nearest thousand. n/a = Not available. Source: Notes: Supplementary tables to National Statistics publication series ″Fraud and Error 1. Figures are rounded to the nearest 100. in the Benefit System 2. The information provided is Management Information; our preference is to answer all Parliamentary Questions using Official/National Statistics but in Estimates of average proportion and number of incorrect cases in Pension Credit this case we only have Management Information available. It is not quality at any one time assured to the same extent as Official/National Statistics and there are some Average number Average proportion issues with the data, for example, it does not include applications which were incorrect (thousand) incorrect (percentage) processed clerically and have not yet been entered on to the Social Fund Computer System. 2005-06 984 35.6 3. Awards shown are initial awards and do not include awards made on review. 2006-07 945 34.8 4. Information cannot be supplied for York and North Yorkshire as the smallest geographical area we can provide figures for is Social Fund Budget 2007-08 1,001 36.8 Area. Notes: 5. Figures are for initial awards made, not the number of people who received The average number incorrect has been rounded to the nearest thousand. an initial award. (Some people received more than one initial award.). Source: Source: Supplementary tables to National Statistics publication series ″Fraud and Error DWP Social Fund Policy, Budget and Management Information System in the Benefit System 71W Written Answers12 OCTOBER 2009 Written Answers 72W

Estimate; of average proportion of incorrect cases in Housing Benefit any one State Retirement Pensions time Average proportion incorrect (percentage) Simon Hughes: To ask the Secretary of State for Work and Pensions how many people claiming the 2005-06 18.7 state pension had their pensions payments temporarily 2006-07 14.4 suspended to perform system checks in each month of 2007-08 13.2 2009; and how many days on average such checks Source: Supplementary tables to National Statistics publication series ″Fraud and Error lasted. [291156] in the Benefit System Angela Eagle [holding answer 14 September 2009]: Social Security Benefits: Fraud The information requested is not available. This is because payments of state pension are not temporarily suspended Mr. : To ask the Secretary of State for to perform any system checks. Work and Pensions what new procedures her Department plans to introduce to detect and prosecute Simon Hughes: To ask the Secretary of State for those abusing the benefits system. [291277] Work and Pensions for what reasons individuals claiming the state pension may have their pension Helen Goodman [holding answer 16 September 2009]: payments suspended. [291763] The Department is always open to adopting new innovations to improve the detection and prosecution Angela Eagle: Payment of state pension would be of benefit thieves. For example, we are currently piloting suspended until the issue in question is resolved. The the use of Voice Risk Analysis, investigating the effectiveness Secretary of State has the discretion to suspend state of new data analysis techniques and working with new pension in whole or in part and would normally do so partners, including the National Fraud Authority. until any issue which may lead to a doubt about ongoing entitlement had been resolved. Social Security Benefits: Pay Methods State pension may be suspended due to the following Mr. Dunne: To ask the Secretary of State for Work reasons: and Pensions if she will assess the effect on (a) pensioners When official DWP correspondence, which has been sent to and (b) persons receiving benefits of proposals to the customer, is returned by Royal Mail stating ‘not known at this phase out cheques as methods of payment. [291743] address’. Upon receipt of undelivered correspondence, we would suspend payment of benefit and take action to trace an up to date Helen Goodman: Introducing a more modern, efficient address for the customer. Payment would only be reinstated when a current address is obtained from the customer or their representative. and reliable system to replace cheques will enable us to provide a better service to our customers. Suppliers will When benefit payments are returned by a bank or building society noted ‘account closed reason unknown’. Inquiries would be expected to put in place suitable arrangements to need to be made to establish why the payment has not been made meet the needs of all customers who cannot open or to the nominated account and this would prompt suspension of operate an account. future payments until the reason is known. Social Security Benefits: Per Capita Costs Where the Department has been informed that a customer receiving Widows Benefit has remarried or where investigations show that a widow is living together as husband and wife with a Mr. Hancock: To ask the Secretary of State for Work new partner. and Pensions what her Department’s most recent When a customer is remanded in custody. estimate is of the average cost per person per month of When inquiries or allegations are made regarding a (a) jobseeker’s allowance, (b) income support and (c) misappropriation of funds by the customer’s representative or housing benefit. [290481] power of attorney. This would be a request by either the Social Services or via third party disclosure and would result in suspension Jim Knight: The answer is not available in the format of benefit. requested. The available information is in the tables. When the Department has been notified of the customer’s death but the exact date is currently not known. Payment would February 2009 (£) be suspended until the issues in question are resolved.

Income support non-MIG claimants average 80.65 weekly amount in payment State Retirement Pensions: Birmingham Jobseekers allowance claimants average weekly 55.69 amount in payment Mr. Godsiff: To ask the Secretary of State for Work Note: Average amounts are shown as pounds per week and rounded to the nearest and Pensions how many people resident in Birmingham, penny. Sparkbrook & Small Heath constituency were in receipt Source: of a state pension in each of the last three years. DWP Information Directorate: Work and Pensions Longitudinal Study. [291554] May 2009 (£) Angela Eagle: The information is in the following Housing benefit average weekly amount in 81.03 payment table. Notes: Number of recipients of state pension in Birmingham Sparkbrook and 1. Average amounts are shown as pounds per week and rounded to the nearest Small Heath constituency penny. Number 2. Figures for any non-responding authorities have been estimated. 3. Housing benefit figures exclude any extended payment cases. Source: 2007 12,360 Single Housing Benefit Extract (SHBE). 2008 12,200 73W Written Answers12 OCTOBER 2009 Written Answers 74W

Number of recipients of state pension in Birmingham Sparkbrook and Mr. Hoyle: To ask the Secretary of State for Work Small Heath constituency and Pensions how many applications for winter fuel Number payments from residents of (a) Chorley, (b) Lancashire 2009 12,210 and (c) England were subject to inaccurate data handling Notes: by the Pension Service resulting in an extension of 1. Figures are as at February for the years shown. prioritising time in the winter of 2007-08. [292106] 2. Figures are rounded to the nearest 10; some additional disclosure control has been applied. Angela Eagle: The information requested is not available. 3. Constituency is for the Westminster parliament. Source: DWP Information Directorate—Work and Pensions Longitudinal Mr. Hoyle: To ask the Secretary of State for Work Study and Pensions what measures are in place to ensure that inaccuracies in data held by the Pension Service do not State Retirement Pensions: Perth result in the late issue of winter fuel payments. [292107]

Pete Wishart: To ask the Secretary of State for Work Angela Eagle: The measures for existing DWP customers and Pensions how many people claimed the state are that winter fuel payments are generated using existing pension in Perth and North Perthshire constituency in data from the payment system. For customers who are each of the last three years. [289516] not in receipt of another DWP benefit, a properly completed claim form must be received by Thursday of Angela Eagle: Information on the number of people the qualifying week (third week of September), in order who have claimed the State Pension is not available. to guarantee payment before Christmas. Information on the total State Pension caseload for the If more information is required from the customer Perth and North Perthshire constituency is in the following they may not receive their payment before Christmas. table. However, as long as a properly completed claim is received by 30 March, payments can still be issued up to Caseload mid-June. 2006 20,330 During 2008-09 the Pension, Disability and Carers 2007 20,730 Service delivered automatic winter fuel payments to 2008 21,050 over 99.9 per cent. of eligible customers by the end of Notes: December, and as a result over 12.5 million customers 1. Figures are as at November for the years shown. received their payment before Christmas 2008. 2. Figures are rounded to the nearest 10; some additional disclosure control has been applied. 3. Caseload refers to successful claims. 4. Constituencies are for the Westminster parliament. Source: INTERNATIONAL DEVELOPMENT DWP Information Directorate—Work and Pensions Longitudinal Study. Afghanistan

Unemployment Benefits Andrew Rosindell: To ask the Secretary of State for International Development on how many occasions he Mr. Harper: To ask the Secretary of State for Work visited Afghanistan on official business in the last 12 and Pensions what estimate her Department has made months. [290420] of the number of its new customers who will be assessed using the work capability assessment; and how Mr. Douglas Alexander: I have visited Afghanistan many and what proportion of these customers are twice on official business in the last 12 months. expected to flow onto (a) jobseeker’s allowance, (b) employment and support allowance (ESA) work Afghanistan: Overseas Aid related activity group and (c) ESA support group in each month to March 2012. [288520] Mr. Ellwood: Toask the Secretary of State for International Development pursuant to the answer of 15 July 2009, Jonathan Shaw [holding answer 20 July 2009]: Official Report, columns 508-09W,on Afghanistan: overseas Information on the Work Capability Assessment for aid, when he expects the 48 kilometre road through the Employment and Support Allowance is due for publication Babaji area to be completed; and when he expects work on 13 October. on the hydro-power plant in Geresk to be completed. [289655] Winter Fuel Payments Mr. Michael Foster: The two projects are currently Greg Clark: To ask the Secretary of State for Work early in the design stage. The implementation of the and Pensions what recent discussions her Department projects will be co-funded with other donors and is due has had with the Department of Energy and Climate to be completed by 2013 at the earliest given their scale. Change on the winter fuel payment scheme. [289930] Afghanistan: Reconstruction Angela Eagle: We regularly review our policies with other Government Departments which have an interest. Mr. Ellwood: Toask the Secretary of State for International However, there have been no recent discussions with the Development pursuant to the answer of 16 July 2009, Department of Energy and Climate Change regarding Official Report, column 675W, on Afghanistan: theme winter fuel payment policy. parks, what his estimate is of the number of people who 75W Written Answers12 OCTOBER 2009 Written Answers 76W have used the Park for Women in Lashkar each week following on advertising and publicity. 98 per cent. of since its establishment; and what recent assessment he this expenditure has been for procurement and recruitment has made of the condition of the park. [289628] reasons.

Mr. Michael Foster: Although there are no accurate Total amount (£) Amount spent via COI figures for park usage, we have reports that the Bolan 2004 703,719 0 Park is busy most evenings, and on Fridays usually 2005 423,952 0 reaches full capacity. 2006 699,898 0 Responsibility for park maintenance was transferred 2007 310,191 75,990 to the Afghan Government in 2008. While we monitor 2008 338,887 338,887 the overall impact of our stabilisation and development projects, we do not routinely check such details as the DFID has advertised other initiatives that do not fall condition of and use of the park, which is now a matter into the categories above over the last five years, but for the Afghan Government. information on them is not held centrally and cannot be provided without incurring disproportionate costs. Budget April 2009 DFID has one non-departmental public body, the Commonwealth Scholarships Commission (CSC) which undertakes publicity and advertising to promote scholarship Andrew Rosindell: To ask the Secretary of State for opportunities and the Commission’s Professional Fellowship International Development how many copies of the Programme. The breakdown of spend over the last five Budget 2009 Report his Department ordered; and what years is shown as follows: the cost of that order was. [290267] Total amount Amount spent via COI Mr. Michael Foster: The Department’s financial reporting system holds no record of ordering any copies of the 2004-05 24,366 0 Budget 2009 report. 2005-06 19,562 0 2006-07 20,342 0 Departmental Advertising 2007-08 19,346 0 2008-09 12,426 0

Pete Wishart: To ask the Secretary of State for Departmental Dismissal International Development how much his Department spent on newspaper advertising by publication in the Justine Greening: To ask the Secretary of State for latest year for which figures are available. [289476] International Development how many staff have (a) been dismissed and (b) had their contract terminated Mr. Michael Foster: The following table sets out the by his Department in each of the last five years; what Department for International Development’s newspaper the reason was in each case; and what the severance advertising costs during the financial year 2008-09, and costs in relation to (i) dismissal and (ii) contract from April 2009 to date, the majority of which is in termination were in each such year. [290553] recruitment advertising. Mr. Michael Foster: In each of the last five financial Publication Cost (£) years the number of Home Civil Service staff dismissed April 2008 to March 2009 was less than five. Providing the specific numbers could potentially identify individuals concerned and so breach Glasgow Herald 20,133 confidentiality. Scotsman 6,273 Guardian 37,370 Departmental Electronic Equipment Daily Times 540 Evening Standard 5,317 Justine Greening: To ask the Secretary of State for Total 69,633 International Development how many laptop computers have been issued to staff of his Department April 2009 to date in each of the last five years; and how many of these Glasgow Herald 7,273 were issued to (i) new staff and (ii) existing staff Scotsman 1,829 following the (A) loss or (B) theft of a previous device. Guardian 1,707 [290549] Total 10,809 Mr. Michael Foster: The numbers of laptops issued to Department for International Development (DFID) Dr. Cable: To ask the Secretary of State for International staff in each of the last five years is as follows: Development on which initiatives of his Department and its agencies expenditure on advertising has been Financial Issued to existing Issued to existing incurred in each of the last five years; how much was year Laptops issued staff after loss staff after theft spent on each such initiative; and which such initiatives were advertised through the Central Office of Information. 2004-05 1,272 0 6 2005-06 524 0 6 [290150] 2006-07 259 0 3 2007-08 1,391 0 8 Mr. Michael Foster: In the last five years the Department 2008-09 241 3 0 for International Development (DFID) has spent the 77W Written Answers12 OCTOBER 2009 Written Answers 78W

The increased number in 2007-08 corresponded with One IT project run by DFID Pakistan was cancelled in September a laptop refresh project. DFID does not differentiate 2008. The project had spent £7,000 at the point of cancellation. between new and existing staff when issuing laptops. Departmental Manpower Departmental Flexible Working Andrew Rosindell: To ask the Secretary of State for Justine Greening: To ask the Secretary of State International Development what percentage of staff of for International Development what flexi-time his Department are (a) male and (b) female. [290407] arrangements were available to staff of his Department in each of the last five years; and how many staff Mr. Michael Foster: Civil service statistics are collected participated in such arrangements in each such year. by the Office for National Statistics (ONS) from the [290555] Annual Civil Service Employment Survey. The latest published statistics are for 31 March 2008 available at: Mr. Michael Foster: The Department for International http://www.statistics.gov.uk/pdfdir/cs0109.pdf Development (DFID) operates a Flexible Working Hours Scheme (FWHS). This allows employees to work additional Justine Greening: To ask the Secretary of State for hours and convert them into leave, up to a maximum of International Development what estimate he has made three days in every four week period. of the average length of employment of staff of his Department at each civil service pay band. [290552] It is a matter for each member of staff to apply to join the FWHS, approval being granted through line Mr. Michael Foster: Details of the average length of management. It is not possible to supply details on staff service of Home Civil Service (HCS) staff in the participation as records are not kept centrally. Department for International Development (DFID), is The FWHS has been in operation for a number of shown in the following table: years, and the only change made to the scheme in the last five years has been to increase the amount of Pay band Average length of service (approximate) additional hours employees are allowed to convert into leave for every four week period, from two days to three SCS 13.8 years = 13 years 10 months days. A1—equivalent to G6 11.3 years = 11 years 4 months A2—equivalent to G7 8.9 years = 8 years 11 months Departmental Information and Communications A2(L)—equivalent to SEO 17.4 years = 17 years 5 months Technology B1(D)—Fast Stream 2.5 years = 2 years 6 months B1—equivalent to HEO 16.3 years = 16 years 4 months Justine Greening: To ask the Secretary of State for B2—equivalent to EO 13.9 years = 14 years International Development what IT systems have been C1—equivalent to AO 14.3 years = 14 years 4 months in development for use within his Department in the C2—equivalent to AA 15.2 years = 15 years 3 months last five years; what the reason for the development of Overall 12.5 years =12 years 6 months each system was; how much has been spent on the development of each system; and which systems have John Mann: To ask the Secretary of State for been subsequently (a) implemented, (b) terminated International Development how many staff there were prior to implementation and (c) terminated following in his Department (a) in 1997 and (b) on the latest implementation. [290550] date for which figures are available. [292066]

Mr. Michael Foster: The following IT systems have Mr. Michael Foster: Details of Home Civil Service been in development for use within the Department for (HCS) staffing numbers within the Department for International Development since July 2004: International Development (DFID)—as at (a) 1997, The Quest project introduced an Electronic Document and and (b) end of September 2009 (the latest figures Records Management (EDRM) system, upgraded the Email system available)—are shown in the following table. and Desktop software, and developed a Collaborative Working Numbers of our staff appointed in country (SAIC) system. The project was completed in March 2006 at a cost of £11.68 million. are shown separately. These are staff engaged locally overseas, on local terms and conditions, to support our The ARIES Enterprise Resource Planning system was developed work in developing countries. to support DFID’s project management, finance, procurement and reporting needs. The contract cost was £17.6 million, and the system has been operational since November 2007. Home Civil Service Staff Appointed in (HCS) staff Country (SAIC) Total The HR Transformation project was primarily a business change project but included a number of smaller IT components 1997 1,714 330 2,044 to help manage staff administration, including the Performance 2009 1,630 757 2,387 Management System and 360 Feedback System. The cost of the HR Transformation project was £6.0 million. Departmental Marketing The Knowledge and Information Management Programme began in 2008 and contains a number of IT projects, including the Chapter system to manage ministerial and parliamentary Mr. Philip Hammond: To ask the Secretary of State correspondence and an upgrade to the Quest EDRM system. The for International Development with reference to the programme is on track to complete in March 2011. The current answer of 15 December 2008, Official Report, column cost estimate is £6.8 million. 346W, on departmental marketing, how many staff in All the systems mentioned have been implemented and are in his Department are responsible for branding activity; use. No major IT systems have been terminated either prior to and what the cost of employing such staff was in implementation or before their planned lifespan after implementation. 2008-09. [290213] 79W Written Answers12 OCTOBER 2009 Written Answers 80W

Mr. Michael Foster: In 2008-09 no one person had Number sole responsibility for branding. All employees who work on public-facing communications are responsible 2006 21 for representing the activity of the Department for 2007 24 International Development clearly and appropriately in 2008 20 the UK and overseas, as outlined in our Communications Strategy: The majority of staff took their full entitlement of 10 days. There is no centrally held record for staff appointed http://www.dfid.gov.uk/Documents/publications/ commsstrategy.pdf in country. As such it is not possible to disaggregate figures for Departmental Public Expenditure employment costs on this activity from overall budgets without incurring disproportionate cost. Mr. Brady: To ask the Secretary of State for International Departmental Motor Vehicles Development which Minister in his Department has been assigned responsibility for overseeing the delivery of value for money in his Department; whether his Andrew Stunell: To ask the Secretary of State for Department has established a public sector reform team International Development how much his Department to implement service reforms; and if he will make a spent on hire vehicles in each of the last five financial statement. [289737] years. [291609] Mr. Michael Foster: My right hon. Friend the Secretary Mr. Michael Foster: The Department for International of State has assigned me with the responsibility for Development (DFID) does hold the requested information overseeing delivery of value for money within the centrally and cannot provide it without incurring a Department. disproportionate cost. The Department is implementing a range of reforms Departmental Non-Domestic Rates to ensure it achieves the maximum development impact for each pound spent. Teams are established as required to deliver these reforms. Justine Greening: To ask the Secretary of State for International Development how many properties Departmental Recruitment owned by his Department were liable for payment of (a) business rates and (b) empty property rates in each Mr. Hoyle: To ask the Secretary of State for of the last five years; and what the liability in respect of International Development what data his Department each was in each such year. [290556] holds on the level of diversity in its recruitment of employees in each of the last three years. [290508] Mr. Michael Foster: The Department for International Development (DFID) has only one freehold property in Mr. Michael Foster: The Department for International the United Kingdom, Abercrombie House office in Development (DFID) keeps volunteered diversity East Kilbride. recruitment data on age, disability, ethnicity and gender. The business rates bill for the last five years for this DFID’s Annual Diversity Report and Data Analysis office was as follows: can be found at: http://www.dfid.gov.uk/Documents/diversity/diversity-report- £ 2008-09.pdf

2004-05 432,602 Departmental Recycling 2005-06 440,377 2006-07 428,538 Stewart Hosie: To ask the Secretary of State for 2007-08 416,028 International Development what proportion of his 2008-09 432,894 Department’s waste was recycled in the latest period for which figures are available. [289669] DFID has had no liability for empty property rates over this period. Mr. Michael Foster: The proportion of waste from the Department of International Development’s UK Departmental Paternity Leave offices which was recycled in 2008-09 was 76.8 per cent. Departmental Responsibilities Justine Greening: To ask the Secretary of State for International Development how many staff took Mr. : To ask the Secretary of State paternity leave from his Department in each of the last for International Development if he will (a) place in five years; and what the average duration of such leave the Library and (b) publish on his Department’s website has been. [290554] a copy of each (i) project document, (ii) logframe and (iii) evaluation report relating to each project listed on Mr. Michael Foster: The number of home civil servants his Department’s website’s project information database. who took paternity leave in the last five years is as [292156] follows: Mr. Michael Foster: Following the publication of Number summary project information on our website in September,

2004 8 we are working on arrangements and a timetable for 2005 10 publishing further details of our projects. In doing so, we need to balance our commitment to transparency 81W Written Answers12 OCTOBER 2009 Written Answers 82W with the need to protect sensitive information, and the The UK is spending £8.5 billion over the period cost and practicality of publishing information in a 2006-07 to 2015-16 in support of education in developing usable format. countries. DFID’s new White Paper “Eliminating World Poverty: Building our Common Future” announced Departmental Sick Leave that a new Education Strategy will be launched. A public consultation process will be held up to end Justine Greening: To ask the Secretary of State for October, which will enable us to review how we support International Development how many sick days were social inclusion issues and receive views from interested taken by staff of his Department in the last five years; parties. and what the cost to the public purse of such absences was. [290551] Annette Brooke: To ask the Secretary of State for International Development what account his Department Mr. Michael Foster: In 2008, there were 11,487 days takes of the twin-track approach to disability set out in lost to sickness absence in the Department for International his Department’s paper, Disability, poverty and Development (DFID). development, in the development of its work on education Prior to 2008, the Cabinet Office has published previous and disability. [289255] annual sickness absence reports for the Civil Service (from 2003-2007). These are available online at: Mr. Michael Foster: The Department for International http://www.civilservice.gov.uk/about/who/statistics/ Development (DFID) is implementing the “twin-track” sickness.aspx approach on its work on education and disability in the Costs of sickness absence are not held centrally and following ways: without incurring disproportionate cost it is not possible The “How to note” on Working on Disability in Country to provide an accurate figure for the cost of sick absence Programmes is being disseminated to DFID programmes and to over the last five years. Civil Society partners. The note is available at: http://www.dfid.gov.uk/Documents/publications/Disguide Departmental Training DFID.pdf DFID requires all 22 priority countries to carry out a Country John Mason: To ask the Secretary of State for Governance Analysis (CGA) as part of the planning and design International Development how many external training of new country strategies. This analysis includes an assessment of courses were attended by staff of his Department in the gender inequalities and of excluded groups, their interests and last 12 months; and what the cost was of each course. needs. To date, partner governments in Uganda and Ethiopia [289603] have explicitly targeted disabled children in their national strategies for education. Mr. Michael Foster: It is not possible, without incurring DFID supports civil society in shaping the design of national disproportionate costs, to provide details on how external education systems and services, so that the interests of disabled training courses were attended by staff in the Department people and other excluded groups are reflected in national planning for International Development (DFID) and what the processes. DFID also supports capacity building for disabled people’s organisations, so that they can engage with government cost was of each course. and others on the design of essential service provision. Sub-departments and overseas offices within DFID DFID supports the global Disability Rights Fund (with a are responsible for arranging and financing staff training. current contribution of £868,000 over 18 months) which provides Information on the amount spent on training courses is grants to work with and help empower disabled people. not held centrally. Starting in 2009-10, DFID will include disabled people Developing Countries: Disabled when designing evaluation systems and other tools for building the evidence of good practice in reducing Annette Brooke: To ask the Secretary of State for poverty, including through education. International Development what assessment his Department has made of the effects of its spending on Annette Brooke: To ask the Secretary of State for education in developing countries on the education of International Development how much of his disabled children in those countries. [289251] Department’s expenditure on education was incurred in relation to (a) projects directly targeting disabled Mr. Michael Foster: The Department for International children and (b) broader projects on education with Development (DFID) is committed to the integration disability mainstreamed in (i) Nigeria, (ii) Tanzania, of disability policy and practice as set out in DFID’s (iii) India and (iv) Pakistan in the most recent year for policy “Reducing Poverty by Tackling Social Exclusion” which figures are available. [289258] (2005). The practice paper, “Working on Disability in Country Programmes” (2007), sets out DFID’s approach Mr. Michael Foster: The UK is spending £8.5 billion and commitments on disability which is main-streamed over the period 2006-07 to 2015-16 in support of education across all sectors, including education. These are available in developing countries. As the bulk of our support and in the Library of the House and on the DFID website: engagement is provided through direct budget support www.dfid.gov.uk and sector wide approaches, we are unable to put a DFID’s country-led approach helps support partner specific global figure on the amount of money spent countries’ plans, policies and programmes to ensure directly on disabled children. However, we encourage that children, including those with disabilities, benefit partner governments to ensure that their monitoring from quality education. This holistic approach includes mechanisms can track the effects of national education working with partners to ensure that access to education sector spending on the most vulnerable children, including by children with special needs is addressed. disabled children. 83W Written Answers12 OCTOBER 2009 Written Answers 84W

The estimated spend on projects where disability is Developing Countries: Females either directly targeted or mainstreamed in the four countries listed is: Andrew Rosindell: To ask the Secretary of State for India—The DFID supported Sarva Shiksha Abhiyan (SSA), International Development how much his Department National Education for All Programme, has helped reach over 1 spent promoting women’s rights in developing million children with special needs since 2005-06. The programme countries in each of the last 12 months. [290422] has spent over £78 million of which it is estimated approximately £2.3 million supported special needs children. Mr. Michael Foster: Promoting gender equality and Nigeria—DFID provides support to a set of State level sector programmes including education sector support through the Education women’s rights is a key component of the UK Sector Support Programme. DFID Nigeria is increasing its support Government’s international development policy. It is from £100 million in 2008-09 to £140 million in 2010-11. The not therefore possible to disaggregate a precise figure increased allocation is being used to expand support to selected for total expenditure on promoting women’s rights. partner states for health and education over the next three years. Pakistan—We do not have any ongoing or pipeline programmes Developing Countries: Taxation that specifically target the disabled. Our support is mainly provided through sector budgets in support of provincial plans, within which issues relating to provision for disabled children is made. Mr. Moore: To ask the Secretary of State for International Development when he last discussed the Tanzania—DFID’s support in Tanzania is aligned with the Government of Tanzania National Strategy for Growth and commitment made at the G20 London Summit to Reduction of Poverty. In 2007-08 DFID provided £105 million as develop proposals by end 2009, to make it easier for budget support of which over £26 million went to the education developing countries to secure the benefits of a new sector. Of this, we estimate that more than £66,000 went on co-operative tax environment with the Chancellor of school places for disabled children. the Exchequer; what progress has been made in producing such proposals; and if he will make a Developing Countries: Economic Situation statement [291400]

Gregory Barker: To ask the Secretary of State for Mr. Thomas: The Secretary of State met the Chancellor International Development what recent assessment he of the Exchequer in early September as part of ongoing has made of the effects of reductions in levels of global preparations for the autumn G20 meetings to discuss trade on the gross domestic product of (a) small vulnerable progress on G20 commitments and priorities for the economies, (b) least developed countries and (c) small next leaders’ meeting. island states. [289859] Since the London Summit positive progress has been Mr. Thomas: Since the onset of the global financial made to deliver on the commitment to create a new crisis, the Department for International Development co-operative tax environment for developing countries. (DFID) has been closely tracking its impact on developing The 1-2 September meeting of the OECD Global Forum countries. The crisis and the subsequent reductions in on Transparency and Exchange of Information for Tax global trade have had a significant effect on developing Purposes included developing country issues. Participants countries and a reduction in projected growth rates is agreed that developing countries will have access to predicted across the board. Our initial assessments have membership of the Global Forum, and participate on indicated that commodity exporting countries with non- an equal footing with OECD members. They also noted diversified economies have seen the greatest impact. progress on projects to develop a multilateral mechanism for tax information exchange and agreed to submit a A dedicated team has been set up to co-ordinate and report about how this would work to the G20 Finance initiate work across the Department to assess trade-related Ministers meeting in November. The Communiqué from and other impacts of the global slowdown on low-income the September G20 Finance Ministers meeting reaffirmed countries. More broadly DFID is in close contact with support for this commitment. I also refer the hon. colleagues across Whitehall and overseas, in other Member to the statement made on this matter by the Governments, the international financial institutions, Chancellor of the Exchequer on Wednesday 9 September and research institutions to analyse impacts of the crisis 2009, Official Report, column 135WS. and plan further effective responses. DFID has commissioned several pieces of research examining trade- Fairtrade Initiative related impacts which have been made publicly available: “The implication of the global financial crisis for developing countries’ export volumes and values” Mr. Wallace: To ask the Secretary of State for http://www.odi.org.uk/resources/details.asp?id=3410&title= global- International Development what recent steps his financial-crisis-developing-countries-export-volumes-trade Department has taken to encourage the use of “Individual Country Reports of 10 selected Low Income Fairtrade schemes (a) in the UK and (b) abroad. Countries” [292021] http://www.odi.org.uk/projects/details.asp?id=1041&title= global- financial-crisis-developing-countries Mr. Thomas: In the UK, we have provided funding to “Assessing the Impact of the Global Financial Crisis on World Fairtrade Foundation UK, for projects ranging from Prices and Trade in Developing Countries” development and expansion of Fairtrade certification http://www.ids.ac.uk/index.cfm?objectid=C3AB945D-9C12- and markets, to awareness-raising campaigns. 586B-549FE1FC1F72E600 Internationally, we are currently delivering on a “Are Exporters in Africa Facing Reduced Availability of Trade £1.2 million commitment to Fairtrade Labelling Finance?” Organisations International (FLO)—the apex organisation http://www.ids.ac.uk/index.cfm?objectid=C369D2D2-AEE3- of global Fairtrade—for its work to broaden and deepen EB77-A7847EA6F6FBF447 Fairtrade’s impact. 85W Written Answers12 OCTOBER 2009 Written Answers 86W

On 10 October we announced an additional commitment DFID has already provided £7.9 million this year to to FLO of £12 million, over four years. This funding support general food relief through the World Food will support their work, together with the Fairtrade Programme, and targeted relief for acutely malnourished Foundation UK and other national labelling organisations, children through international non-governmental agencies. to double the number of producers selling on Fairtrade On 2 October we announced an additional £5 million terms, and triple global retail sales to some £9 billion allocation to help those most in need. We are also per annum by 2013. pressing the Government of Kenya to do all it can to respond to the needs of its people, and in the longer-term India and China: Overseas Aid to address the root causes of Kenya’s chronic food insecurity. John Mann: To ask the Secretary of State for International Development how much his Department Malawi: Education spent in (a) India and (b) China in the last 12 months for which figures are available. [292506] Mr. Andrew Mitchell: To ask the Secretary of State for International Development if he will place in the Mr. Michael Foster: Information on the Department Library a copy of each of his Department’s documents for International Development’s (DFID) aid to all relating to the information support to education developing countries in 2008-09 was published in its infrastructure management unit project in Malawi. Annual Report and Accounts, a copy of which is available [292155] in the Library. In 2008-09 total DFID bilateral aid to India was £297 million; total DFID bilateral aid to Mr. Thomas: The Department for International China was £40 million. Development (DFID) is currently providing funds to the Ministry of Education, Science and Technology in International Women’s Day Malawi for the running costs of their Educational Infrastructure Management Unit (EIMU). Details of Andrew Rosindell: To ask the Secretary of State for all DFID’s currently active projects, including this ″Support International Development how much his Department to EIMU″ in Malawi, are now made widely available plans to spend on promoting International Women’s through the Project Information database on the DFID Day 2010. [290377] website: http://projects.dfid.gov.uk Mr. Michael Foster: We do not, at this stage, have firm plans on how we will mark International Women’s Maldives: Overseas Aid Day in March 2010. Our approach is likely to be similar to that taken this year, which was outlined in the answer Mr. Amess: To ask the Secretary of State for which I gave to the hon. Member on 30 June 2009, International Development what aid his Department Official Report, column 222W. has provided to the Maldives for development in each Kenya: Food Supply year since 1997; how much it plans to provide in 2009-10; and if he will make a statement. [289613]

Ms Keeble: To ask the Secretary of State for Mr. Michael Foster: Full details of the UK development International Development what recent assessment his expenditure in the Maldives are contained in the Department has made of food shortages in Kenya; and Department for International Development (DFID) if he will make a statement. [291656] publication ‘Statistics on International Development’. This publication is available from the Library and online Mr. Thomas: The Department for International at Development (DFID) accepts the United Nations (UN) agencies and the Government of Kenya’s recent assessment www.dfid.gov.uk. of the current food shortages in Kenya. This shows that Relevant figures are reproduced in the following table. domestic production of the staple, maize, is 30 per cent. DFID does not have any plans to spend directly in less than normal due to the drought this year. Even with the Maldives in 2009-10; however some of DFID’s additional imports of food by the private sector, 9.9 contributions to multilateral organisations may be spent million people face food insecurity. there.

UK gross public expenditure on development in the Maldives, 1997-98 to 2008-09 £000 DFID bilateral expenditure Other UK official sources bilateral expenditure UK imputed multilateral shares

1997-98 292 — — 1998-99 310 — 85 1999-2000 292 — 206 2000-01 286 — 1,011 2001-02 83 — 101 2002-03 195 — 402 2003-04 199 — 40 2004-05 808 — 451 2005-06 405 — 2,292 87W Written Answers12 OCTOBER 2009 Written Answers 88W

UK gross public expenditure on development in the Maldives, 1997-98 to 2008-09 £000 DFID bilateral expenditure Other UK official sources bilateral expenditure UK imputed multilateral shares

2006-07 — — 595 2007-08 — 44 539 2008-09 — n/a n/a

Overseas Aid Mr. Michael Foster: In the last 12 months the Department for International Development (DFID) has provided Gregory Barker: To ask the Secretary of State for funding for the following four initiatives that support International Development what assessment he has made the land rights of forest communities: two projects that of the effects on progress towards achieving the Millennium support the land rights of forest communities in the Development Goals of the global economic downturn. Congo Basin; the Livelihoods and Forestry Programme [289858] (LFP) of Nepal; and a programme of work by the Rights and Resources Initiative (RRI). The total expenditure Mr.Thomas:TheDepartmentforInternationalDevelopment on these initiatives over the last 12 months is £4,462,000. (DFID) has been following events closely but the full economic and social impacts will not be known for some time. Therefore making an assessment of the impact of Overseas Aid: Human Rights the crisis on the millennium development goals (MDGs) is extremely difficult and indicative at best. Based on David Taylor: To ask the Secretary of State for revised growth forecasts, we estimate that up to 90 International Development what account his million more people will be living in extreme poverty by Department takes of a country’s human rights record 2010 as a result of the crisis than previously anticipated. when granting international aid. [292309] Thisisexpectedtodelaytheachievementof MDG1—eradicate extreme poverty and hunger—by up to three years. Mr. Michael Foster: Human rights principles underpin Other goals, such as increased educational enrolment the UK Government’s aid to developing countries. The and reduced child mortality, are also likely to be affected policy of the Department for International Development due to falling household incomes, but the severity of (DFID) is to consider a country’s human rights record such effects depend on government policy in the particular when deciding whether to provide bi-lateral aid. DFID developing country. assesses a country’s human rights record in its three The recent White Paper “Eliminating World Poverty: yearly ’Country Governance Analysis’. This provides Building our Common Future” emphasises DFID’s an analysis of the human rights situation in each country commitment to supporting poor people through the and is used in developing the Country Plan and the global economic crisis. It is available in the Library of Development Partnership Agreement. the House and on the DFID website: This approach is reinforced by the Conditionality www.dfid.gov.uk Policy, which bases UK aid partnerships on shared Overseas Aid: Climate Change commitments to respect human rights, to poverty reduction and to good financial management. Where a country Sammy Wilson: To ask the Secretary of State for government do not share these commitments, UK aid International Development to which countries his Department can still be provided to poor people through other has provided aid for the purposes of (a) adapting to routes such as multi-lateral agencies and civil society. climate change and (b) mitigating the effects of climate Where a partner government have breached their change. [292451] commitment to human rights, UK aid to the government may be suspended, as it was in Kenya and Pakistan in Mr. Thomas: The Department for International 2007-08. Development (DFID) has programmes tackling climate change in many of the countries in which we work, but Somaliland: Overseas Aid we do not categorise aid according to adaptation or mitigation activities. DFID records whether a programme is contributing Andrew Rosindell: To ask the Secretary of State for to the Departmental Strategic Objective 2 ’to promote International Development how much his Department climate change mitigation and adaptation measures and has spent on humanitarian projects in Somaliland in ensure environmental sustainability’ and also if the the last 12 months. [290489] programme is targeting climate change. DFID currently has over 40 live programmes tackling climate change in Mr. Thomas: The Department for International many countries including India, Bangladesh, Ghana, Development (DFID) has not funded any humanitarian Nepal and Zambia. projects in Somaliland in the last 12 months. During this period we have committed approximately £25 million Overseas Aid: Forests to UN agencies, international non-governmental organisations (NGOs) and the International Committee Lynne Jones: Toask the Secretary of State for International of the Red Cross (ICRC) for their humanitarian work Development what funding his Department has provided in South-Central Somalia, reflecting the greater need for community-based forestry projects that support the there. DFID has an active development programme in land rights of forest communities in the last 12 months. Somaliland, on which almost £6 million was spent in [292494] 2008-09. 89W Written Answers12 OCTOBER 2009 Written Answers 90W

Sri Lanka: Armed Conflict Mr. Thomas: Summary information on the Department for International Development’s (DFID) aid to Zimbabwe Mr. Jim Cunningham: To ask the Secretary of State in each of the last three years was published in annex A for International Development what assessment he has of DFID’s 2008-09 annual report and resource accounts made of the humanitarian effects of the conflict in Sri in July, a copy of which is available in the Library. Lanka. [291527] Information on all individual DFID-funded projects is available via the project information database on our Mr. Michael Foster: The Government of Sri Lanka website at: (GoSL) declared victory over the LITE in May 2009. www.dfid.gov.uk Approximately 270,000 internally displaced people (IDPs) remain in camps in the north and east of the country. Conditions in the camps are basic but have improved as JUSTICE the needs for shelter, food, water and medicine are gradually being met. We remain concerned about high Antisocial Behaviour: Fixed Penalties malnutrition levels among sections of the IDP population, the lack of freedom of movement and the restrictions Miss McIntosh: To ask the Secretary of State for put on activities such as registration of the population Justice what assessment he has made of the merits of and the reunification of families. Recent flooding in the amending the Penalty Notice for Disorder operational camps following heavy rain highlights the importance guidance issued to police to ensure that such notices of safely returning as many people as possible to their are only issued in police stations; and if he will make a homes before the monsoon season. The Department for statement. [291982] International Development (DFID), together with the Mr. Straw: There are significant advantages to issue international community, is participating in contingency on the street in appropriate circumstances: officers do planning to mitigate against its effect on the camps. not need to return to the police station in order to DFID has allocated £3 million to help the returns process the matter and they are able to return to patrol process and has recently agreed a grant of £0.5 million much more quickly, resulting in efficiency savings and a to Mine Action Group (MAG) to contribute towards better service to the public. In 2007, 115,939 PNDs de-mining activities in the Vanni. were issued in a police station and 91,605 on the street. The operational guidance to the police sets out the Sri Lanka: Overseas Aid criteria which should be considered by officers in deciding where to issue a PND. For example, a ticket must not be Mr. Jim Cunningham: To ask the Secretary of State issued to a suspect who is drunk, which means that for International Development what steps he is taking issue will take place in a police station once the individual to provide humanitarian assistance to those held in has sobered up. internment camps in Sri Lanka. [291525] Bail Accommodation and Support Service Mr. Michael Foster: The conventional conflict between the Government of Sri Lanka (GoSL) and LTTE ended Mr. Hayes: To ask the Secretary of State for Justice in May 2009. Approximately 270,000 internally displaced how many prisoners have been released early into bail people (IDPs) continue to remain in camps in the north hostels since 1997; and how many such prisoners have and east of Sri Lanka. Since September 2008, the subsequently absconded from bail hostels. [290105] Department for International Development (DFID) has allocated £12.5 million of humanitarian aid to Sri Mr. Straw: For the purposes of this answer, we are interpreting ″released early″ as ″released from prison on Lanka. This has supported impartial organisations such ″ as the United Nations Children’s Fund (UNICEF) to licence in accordance with the law . undertake both child protection and vaccination campaigns Data about offenders released into approved premises in the IDP camps, as well as the International Office of (formerly known as bail/probation hostels) has been Migration (IOM) to build, equip and supply health collected centrally only since April 2004, from information clinics in the camps. We are pressing for the IDPs to be supplied by individual approved premises. We estimate treated in accordance with accepted international standards that 25,935 offenders released on licence were admitted and guidelines and for the safe return of the IDPs from into APs between April 2004 and March 2009. the camps to their homes as soon as possible. Figures about residents who have absconded from an approved premises and are still at large on the final day Written Questions: Government Responses of each month have been collected only since April 2006, with additional figures collected since April 2008 Dr. Pugh: To ask the Secretary of State for International for those residents who have absconded and are known Development when he expects to reply to question to have been recalled to prison during the month. 288181, on CDC, tabled on 15 July 2009. [290224] Neither of these figures is broken down by resident type, and so will include residents who are on bail or Mr. Michael Foster: A response to question 288181 serving a community sentence. In addition, our figures was provided on 21 July 2009, Official Report, do not separately record absconded residents who are column 1243W. arrested at a later date, so there may be some double Zimbabwe: Overseas Aid counting. Between April 2006 and March 2009, a total of 1,251 John Mann: Toask the Secretary of State for International residents absconded and were believed still to be at large Development how much development aid has been provided at the end of the month in question. In addition, by his Department to each programme in Zimbabwe in between April 2008 and March 2009 1,023 residents each of the last three years. [292171] absconded and were recalled to prison. 91W Written Answers12 OCTOBER 2009 Written Answers 92W

Belmarsh Prison Mr. Wills: On 29 September, the Prime Minister made a commitment to hold a referendum early in the Mr. Garnier: To ask the Secretary of State for Justice next Parliament on changing the current voting system how many prison staff have been suspended from HM for the House of Commons to the Alternative Vote Prison Belmarsh in each of the last 60 days; for what system. reason each member of staff was suspended; and how Children: Remand in Custody many prison staff are working at the prison. [292396] Mr. Burrowes: To ask the Secretary of State for Maria Eagle: Six members of staff have been suspended Justice how many children commenced a period of at HMP Belmarsh in the last 60 days while some aspect definition on the juvenile secure estate (a) on remand of their conduct is under investigation. These investigations and (b) after sentencing for (i) less than one month, (ii) are still ongoing and as such it would not be appropriate less than six months, (iii) less than one year, (iv) less to release any other information that might serve to than three years and (v) more than three years in each identify individual members of staff. The National Offender of the last five years. [287687] Management Service has a responsibility to ensure that the individuals concerned are treated fairly and reasonably, Maria Eagle: The statistics collected by the Youth and that their cases are not subject to discussion and Justice Board record the number of occasions on which formulation of views in advance of full consideration of young people have entered custody, rather than the the evidence. As of 7 October 2009 there were 940 staff number of individual young people who have begun a working at HMP Belmarsh. period in custody. (These figures are different because a young person may experience more than one period in British Constitution: Ministerial Statements custody.) These figures, in relation to the period and categories for which information has been requested, Mr. Hurd: To ask the Secretary of State for Justice are set out in the following table. pursuant to the Prime Minister’s statement of 10 June The figures have been supplied by the Youth Justice 2009, Official Report, columns 795-99, on constitutional Board and have been drawn from administrative IT renewal, when the Government will set out its proposals systems, which, as with any large-scale recording system, for taking forward the debate on electoral reform. are subject to possible errors with data entry and processing [288683] and may be subject to change over time.

Time spent in custody in the secure estate for children and young people 2004-05 2005-06 2006-07 2007-08 2008-09

Remanded young people under 18 Up to 1 month 4,483 4,451 4,503 4,147 3,780 1 month up to 6 months 859 954 913 894 985 6 months up to 12 months 119 205 168 235 194 12 months up to 3 years 10 27 17 25 4 Morethan3years 00000

Sentenced young people under 18 Up to one month 759 734 808 798 1,013 One month up to six months 3,743 4,046 3,670 3,940 3,924 Six months up to twelve months 1,208 1,145 1,220 1,191 1,046 Twelve months up to three years 353 351 372 327 342 Morethanthreeyears 71346

Civil Proceedings: Fees and Charges I have made a written ministerial statement today confirming that the response to that consultation paper Paul Farrelly: To ask the Secretary of State for Justice was issued on 24 September 2009. Copies of the response when he expects to announce the conclusions of his paper have been placed in the Libraries of both Houses. review into the operation of conditional fee agreements The paper is also available on the Ministry of Justice following the end of the consultation contained in paper website at: CP4/09, Controlling costs in defamation proceedings. www.justice.gsi.gov.uk [292084] Copies have also been made available in the Vote Office and the Printed Paper Office. Bridget Prentice: We are not currently undertaking a Lord Justice Jackson has been appointed by the review into the operation of conditional fee agreements. Master of the Rolls to undertake a review of the rules The consultation paper CP4/09 “Controlling costs in and principles governing the costs of civil litigation. He defamation proceedings” proposed a number of specific is considering the operation of conditional fee agreements measures aimed at controlling the costs of defamation as part of this review. Ministers will consider the review’s and some other publication related proceedings. recommendations when they are available. 93W Written Answers12 OCTOBER 2009 Written Answers 94W

Paul Farrelly: To ask the Secretary of State for A Home Office surveys show that public awareness of Justice when he expects to publish the responses Community Payback has increased from 49 per cent. in received to the consultation paper CP4/09, Controlling November 2008 to 74 per cent. in April 2009. costs in defamation proceedings. [292088] Andrew Rosindell: To ask the Secretary of State for Bridget Prentice: I have made a written ministerial Justice how many people who had been placed on the statement today confirming that the response to the high visibility payback scheme were rearrested within consultation paper “Controlling costs in defamation three months of participating on the scheme since its proceedings” CP4/09 was issued on 24 September 2009. inception. [287970] Copies of the response paper have been placed in the Libraries of both Houses. The paper is also available on Mr. Straw: Information is unavailable relating to the the Ministry of Justice website at: re-arrest of offenders who have been required to wear www.justice.gsi.gov.uk distinctive high visibility clothing when undertaking Copies have also been made available in the Vote Office Community Payback sentences. and the Printed Paper Office. The most recent information available relating to reoffending by adults is for those sentenced during the Paul Farrelly: To ask the Secretary of State for first three months of 2007. Offenders sentenced to Justice what reports he has received of the outcome of Community Payback (unpaid work) during this period the second stage of the review by Sir Rupert Jackson had a 25.8 per cent. rate of reoffending. This is the of the (a) costs of litigation and (b) operation of lowest rate of reoffending of the top five commonly conditional fee agreements in England and Wales; and used community orders, though it may only reflect the when he expects the (i) first draft and (ii) final draft of characteristics of offenders sentenced to Community Sir Rupert’s report to be available. [292090] Payback rather than simply the effectiveness of Community Payback in reducing the likelihood of reoffending. Bridget Prentice: Lord Justice Jackson was appointed by the Master of the Rolls in January 2009 to lead a Corporal Punishment: Young people fundamental review of the rules and principles governing the costs of civil litigation. Ministers have received a Natascha Engel: To ask the Secretary of State for copy of the preliminary report published on the 8 May Justice what recent guidance his Department has issued 2009. Lord Justice Jackson has indicated that his final to young offender institutions on the prohibition on report will be delivered to the Master of the Rolls by the corporal punishment in the juvenile secure estate. 31 December 2009 and Ministers expect to receive a copy of the report early in the New Year. [288439] Community Orders: Publicity Maria Eagle: The Ministry of Justice has not issued any recent guidance to young offender institutions on Andrew Rosindell: To ask the Secretary of State for the prohibition of corporal punishment in the Young Justice what recent discussions he has had on the People’s secure estate. effectiveness of the high visibility payback scheme. Corporal punishment in prisons was abolished under [287968] Section 65 of the Criminal Justice Act 1967. This section of the Act remains in force. Mr. Straw: Ministers and senior officials hold regular reviews with departmental leads to ensure that the Crimes of Violence: Females policy is being implemented consistently in all probation areas. Community Payback was launched in November 2005 to promote public awareness and confidence in the : To ask the Secretary of State for unpaid work community sentence. To increase visibility, Justice how many women have been convicted for each distinctive clothing in the form of orange high visibility offence involving violence against the person in each of jackets has been required to be worn by offenders on the last 10 years. [291774] most work sites, which are in view of the public, since December 2008. The use of distinctive clothing has Claire Ward: Information showing the number of been monitored. During the quarter April to June 2009 females found guilty at all courts for offences of violence over one million hours of Community Payback were against the person by offence, in England and Wales, undertaken by offenders wearing distinctive clothing. If from 1998 to 2007 (latest available) is shown in the the hon. Member has specific concerns I would be glad following table. Data for 2008 will be available towards to hear from him. the end of 2009.

Number of females found guilty at all courts for offences of violence against the person by offence, 1998 to 20071, 2, England and Wales Offence 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Indictable offences Murder 9161317131918241419 Attempted murder 6373448144 Threat or conspiracy to murder 43 41 38 38 43 46 50 47 35 44 Manslaughter 35 27 28 32 36 31 26 41 21 24 Infanticide 28252——212 Childdestruction ————————— 1 95W Written Answers12 OCTOBER 2009 Written Answers 96W

Number of females found guilty at all courts for offences of violence against the person by offence, 1998 to 20071, 2, England and Wales Offence 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Causing death by dangerous 41110139 613151221 driving Manslaughter due to diminished 35544133—1 responsibility Causing death by dangerous 5522944578 driving while under the influence of drink or drugs Causing or allowing the death of a ———————— 1 3 child or vulnerable person Causing death by aggravated 1—1—2—1121 vehicle taking Wounding or other act endangering 99 92 93 100 103 104 146 137 108 119 life Endangering railway passenger —231——1216 More serious offences 207 210 202 215 225 215 270 278 206 253 Other wounding, etc. 3,301 3,088 3,226 2,997 3,314 3,359 3,548 3,874 3,977 3,985 Cruelty to or neglect of children 210 270 247 223 247 271 307 283 257 260 Abandoning children aged under ——— 1———— 2 1 two years Child abduction 8 10 6 6 8 13 10 13 16 5 Procuring illegal abortion 1————————— Concealment of birth 1111—3—321 Less serious offences 3,521 3,369 3,480 3,228 3,569 3,646 3,865 4,173 4,254 4,252 Total indictable violence against the 3,728 3,579 3,682 3,443 3,794 3,861 4,135 4,451 4,460 4,505 person

Summary offences Common assault, etc. 3,209 3,611 3,696 3,826 4,267 4,536 5,519 6,550 7,283 8,068

Total indictable and summary 6,937 7,190 7,378 7,269 8,061 8,397 9,654 11,001 11,743 12,573 offences of violence against the person 1 The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences, the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 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 extractedfrom 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: Office for Criminal Justice Reform, Evidence and Analysis Unit.

Criminal Injuries Compensation: Driving Offences Claire Ward: Information showing the number of defendants proceeded against at magistrates courts for riding a pedal cycle on a footpath, England and Wales, Chris Ruane: To ask the Secretary of State for Justice broken down by police force area, in 2007 (latest available) what estimate has been made of the costs incurred is shown in the table. under the Criminal Injuries Compensation Scheme in relation to injuries and deaths caused by uninsured Data for 2008 will be available in the autumn of 2009. drivers in the latest period for which figures are Number of defendants proceeded against at magistrates courts for available. [289963] “riding a pedal cycle on a footpath” under section 72 of the 1835 Highway Act, in England and Wales, broken down by police force area, 1, 2, 3 Claire Ward: Injuries or deaths caused by drivers, 2007 uninsured or otherwise, are not covered by the terms of Force Proceeded against the criminal injuries compensation scheme (CICS), except Bedfordshire 2 where the driver used the vehicle deliberately to inflict, Cambridgeshire 3 or to attempt to inflict, injury. Otherwise, the Criminal Cleveland 10 Injuries Compensation Authority (which administers Cumbria 9 the CICS) refers victims of road traffic incidents to the Dorset 14 Motor Insurers’ Bureau, an industry-sponsored body Durham 3 which can compensate victims of uninsured drivers. 4 Hampshire 9 Cycling: Prosecutions Humberside 12 Kent 4 Bob Spink: To ask the Secretary of State for Justice Lancashire 2 how many prosecutions there have been for offences Leicestershire 1 related to riding a bicycle on the pavement in each 2 police force area in the last year for which figures are London, City of 3 available. [289246] Merseyside 3 97W Written Answers12 OCTOBER 2009 Written Answers 98W

Number of defendants proceeded against at magistrates courts for findings relating to data illegally obtained from British “riding a pedal cycle on a footpath” under section 72 of the 1835 Telecom, the Driver and Vehicle Licensing Agency and Highway Act, in England and Wales, broken down by police force area, 20071, 2, 3 the Police National Computer; and if he will make a statement. [289729] Force Proceeded against Metropolitan Police 17 Mr. Wills: The Information Commissioner’s Office Norfolk 2 (ICO) presented two special reports to Parliament in Northumbria 21 2006 about the illegal trade in personal information. North Yorkshire 6 Although there have been no recent discussions between Nottinghamshire 4 the Secretary of State for Justice and the Information Staffordshire 1 Commissioner on this subject, the Ministry of Justice Suffolk 1 and the ICO work closely together to ensure that all Thames Valley 1 data controllers understand their obligations under the West Mercia 3 Data Protection Act 1998. West Midlands 8 The Government are currently considering whether 1 now is the appropriate time to consult on introducing Wiltshire 3 custodial sentences for the knowing or reckless misuse England and Wales 149 of personal data. 1 The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same Debt Collection disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. Paul Rowen: To ask the Secretary of State for Justice 2 Every effort is made to ensure that the figures presented are accurate what his policy is on the means by which bailiffs and complete. However, it is important to note that these data have identify themselves on the doorstep; and if he will been extracted from large administrative data systems generated by make a statement. [289253] 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. Bridget Prentice: Bailiff powers and their conduct is a 3 Where a police force area is not listed in the table, nil data is sensitive and complex issue and has been the subject of recorded. considerable assessment, debate and consultation over Source: Evidence and Analysis Unit—Office for Criminal Justice Reform the last 10 years. The National Standards for Enforcement Agents published in 2002 by the then Lord Chancellor’s Data Protection Department states, “Enforcement agents should always produce relevant identification Harry Cohen: To ask the Secretary of State for Justice on request, such as a badge or ID card, together with a written pursuant to the evidence submitted by the Information authorisation to act on behalf of the creditor.” Commissioner’s Office to the Culture, Media and Sport The guidance is not a legally binding document and Committee in its inquiry into self-regulation of the does not replace local agreements, existing agency codes press, which journalists received data supplied by of practice or legislation; rather it sets out what the Hampshire-based private investigators under Operations Ministry, those in the industry and some major users Glade and Motorman. [289726] regard as minimum standards. The Government announced, on 17 March 2009, Mr. Wills: In 2006, the Information Commissioner’s measures to strengthen regulation of the enforcement Office (ICO) carried out an investigation into data industry that will raise standards of professionalism protection offences under Operation Motorman. This within the industry and give the public greater confidence investigation led to a further investigation by the in it. The regulatory framework will include a mandatory Metropolitan Police Service under Operation Glade. code of conduct that will address the means by which The ICO published two special reports to Parliament, enforcement agents identify themselves on the doorstep. ‘What Price Privacy?’ and ‘What Price Privacy Now?’, A forthcoming consultation paper will set out the which relate to these investigations but did not name the Government’s intentions for a package of measures journalists involved. Under Section 59 of the Data which will address concerns that have been raised about Protection Act (DPA) 1998, the Information Commissioner the behaviour of bailiffs and proposals for the regulation is generally prohibited from disclosing information obtained of the bailiff industry. The intention is to commence by him under the provisions of the DPA which relates this consultation exercise in January 2010 with a view to to an identifiable individual or business and has not implementing the changes in April 2012. previously been made publicly available, for example, names of journalists or the organisations they work for. Paul Rowen: To ask the Secretary of State for Justice This information has been supplied by the ICO. how many bailiffs were on the online bailiff register on the latest date for which figures are available. [289257] Harry Cohen: To ask the Secretary of State for Justice what recent discussions he has had with the Bridget Prentice: As at 1 October 2009, there were Information Commissioner on the outcomes of 1,679 certificated bailiffs on the HMCS online certificated Operation Motorman and related investigations and its bailiff register. 99W Written Answers12 OCTOBER 2009 Written Answers 100W

Departmental Advertising Number

Pete Wishart: To ask the Secretary of State for Mobile Phone Users 961 Justice how much his Department spent on newspaper advertising by publication in the latest year for which 2008-09 figures are available. [289477] BlackBerry users 878 Laptop users 1,997 Mr. Straw: The Ministry of Justice does not record Mobile phone users 863 information centrally at a level of detail that would allow for the specific identification of advertising Figures for BlackBerry and laptop users are taken expenditure by publication. Such information is held from the Department’s central records which cover locally by courts, prisons and probation boards throughout MOJ headquarters and main business areas, including England and Wales and could be collated only at Her Majesty’s Courts Service (HMCS) and the Tribunals disproportionate cost. The vast majority of advertising Service. The figures for mobile phone users are for MOJ expenditure incurred by the Ministry, however, relates headquarters only.Larger business areas, including HMCS to staff recruitment. and the Tribunals Service, manage mobile telephone provision locally and these figures could be provided Departmental Consultants only at disproportionate cost. In addition, numbers for the National Offender Mrs. Villiers: To ask the Secretary of State for Justice Management Service, taken from their central records how much his Department has spent on consultants to are as follows: assist Ministers of his Department in their parliamentary duties in the last 12 months. [289202] Average laptop Average Average mobile volumes BlackBerry telephone volumes Mr. Straw: Nil. volumes Departmental Databases 2005 2,789 0 3,741 2006 2,447 0 4,156 2007 2,094 0 4,484 : To ask the Secretary of State for Justice 2008 2,740 393 4,775 what recent estimate he has made of the error rate in each database run by (a) his Department and (b) its It would require an extensive data gathering exercise agencies. [291834] to identify the further detailed information requested. This could be provided only at disproportionate cost. Mr. Wills: The Ministry of Justice takes its responsibilities for maintaining the integrity of the data stored on its Departmental Flexible Working databases very seriously. Although there is no process for summarising the number of inaccurate records, Justine Greening: To ask the Secretary of State for there are systems in place to maximise the accuracy of Justice what flexi-time arrangements were available to the data held on the relevant systems. Any inaccurate staff within the Department in each of the last five records that are found on the system are corrected as years; and how many staff participated in such soon as they are identified. arrangements in each such year. [290252]

Departmental Electronic Equipment Mr. Wills: In the Ministry of Justice (MOJ), all staff may apply for flexible working options. For the past five Justine Greening: To ask the Secretary of State for years, these options have included flexi-time, compressed Justice how many (a) mobile telephones, (b) hours, reduced hours, job-share and job split, part year, Blackberrys and (c) laptop computers were issued to annualised hours, home working and remote working. staff of his Department in each of the last five years; In NOMS, flexible working options are available to and how many of these were issued to (i) new staff and staff in administrative, professional and technological, (ii) existing staff following (A) loss and (B) theft of the psychological, secretarial and office support grades, previous device. [290246] and grade E managers and below. For the past five years, flexible working options have included job-sharing Mr. Wills: Departmental mobile telephones, BlackBerrys and part-time hours. and laptops are provided through service contracts with Managers consider all requests to work flexibly, taking external suppliers. They are usually allocated from a into consideration the needs of the business and the central pool and returned to the pool for re-allocation individual. Many requests for flexible working may be when no longer required. made informally between managers and staff and therefore The Ministry of Justice (MOJ) was established in will not be formally recorded. Information concerning May 2007. Numbers of BlackBerry, laptop and mobile how many staff participate in such arrangements is not telephone users for 2007-08 and 2008-09 are given as collated centrally and could not be provided without follows: incurring disproportionate cost.

Number Departmental Internet

2007-08 Mr. Watson: To ask the Secretary of State for Justice BlackBerry users 510 pursuant to the answer of 13 July 2009, Official Report, Laptop users 1,511 column 84W, on departmental internet, what the (a) 101W Written Answers12 OCTOBER 2009 Written Answers 102W names and (b) versions are of the web browsers used Ministry of Justice length of service as at 31 July 2009 on the (i) desktop machines and (ii) laptop computers Average length of service used by his Department’s (A) Permanent Secretary, (B) Responsibility level (years) chief information officer, (C) head of communications AA 6.0 and (D) head of finance. [288998] AO 8.3 EO 10.7 Mr. Wills: All the named post holders have Internet HEO 10.9 Explorer version 7 on their desktop or laptop computers. SEO 10.1 Grade 6+7 10.8 Senior civil service 8.9 Departmental Location Overall average 9.2 Source: Chris Grayling: To ask the Secretary of State for Oracle HR systems (NOMS + MoJ HQ) Justice what timescale he has set for completion of his Department’s proposed accommodation relocation and Departmental Ministerial Policy Advisers rationalisation project; which potential locations have been shortlisted; whether he proposes to build the Mr. Grieve: To ask the Secretary of State for Justice proposed office accommodation under a private how many hours were worked by each finance initiative scheme; and if he will make a in his Department in each week between 8 June 2009 to statement. [289475] 3 July 2009. [289903]

Mr. Straw: The Ministry of Justice is developing a Mr. Straw: As working for me as a Special Adviser is, feasibility study and business case for potentially establishing I am told, pure pleasure and stress free, my Special a national justice centre hub for HQ functions that do Advisers work exceptionally long hours, often at weekends not need to be based in central London. and late into the evening without complaint, and have not therefore felt the need which they otherwise might The long-term objective is to reduce the high cost to complete timesheets to show that I was sweating their London presence and to focus London based activity to labour. business critical requirements of supporting Ministers and conducting core strategic policymaking. Departmental Non-departmental Public Bodies This is part of a five year estates plan and excludes prisons, courts, tribunals and other operational services which are included in separate operational estate strategies. Mr. Grieve: To ask the Secretary of State for Justice for what non-departmental public bodies his A thorough process is being undertaken and a set of Department is responsible; and what the budget of criteria is currently being established with the close each was in each of the last three years. [289904] involvement of both the Office of Government Commerce and the Department for Communities and Local Mr. Straw: The Ministry of Justice (MOJ)’s Resource Government. Accounts 2008-09 stated that for the year ended 31 The criteria are wide ranging covering not only value March 2009, the MOJ was responsible for nine executive for money considerations but also the socioeconomic non-departmental public bodies (NDPBs). Due to impacts, local and regional partnerships, labour market Machinery of Government changes, the MOJ has not and career opportunities, transport links and sustainability, been responsible for all of these nine NDPBs during the health and social factors as well as others. last three years. Advisory NDPBs have not been included A list of potential locations has not yet been established in this answer as the data are not readily available and no decisions have been made about the scale, staffing centrally. Please see the link below for further information or financial arrangements of any potential future locations. about MOJ sponsored bodies, correct as of March 2009 at: http://www.justice.gov.uk/publications/docs/sponsored- Departmental Manpower bodies-2009-revised.pdf The following table shows the cash grant paid to each executive NDPB by MOJ for 2009-10 and the two Justine Greening: To ask the Secretary of State for previous years1: Justice what estimate he has made of the average length of employment of staff in his Department at each civil £ Million service pay band. [290248] NDPB 2007-08 2008-09 2009-10 Mr. Wills: The average length of service for each Legal services 2,149 2,147 2,162 responsibility level within MoJ, including the public commission sector Prison Service and National Offender Management Information 556 Service Headquarters (NOMS) is shown in the following commissioner’s office table. Judicial appointments 678 commission The current MoJ (excluding NOMS) pay band structure Parole board — 8 10 was introduced on 1 August 2007, as part of the pay Youth justice board — 443 443 deal. This resulted in the amalgamation of Grade 6s Criminal injuries — 191 238 and 7s. As a result of this change, it is not possible to compensation report separately on these grades. authority 103W Written Answers12 OCTOBER 2009 Written Answers 104W

Annual paternity statistics for Ministry of Justice (excluding National £ Million Offender Management Service (NOMS)) NDPB 2007-08 2008-09 2009-10 Number of Average number of staff days (calendar) Criminal cases review —77 commission 2006-07 (Department for 56 12.55 Office for legal ——6Constitutional Affairs) complaints2 2007-08 (Ministry of 71 13.73 Legal services board2 ——3Justice HQ—Excluding 1 Figures are taken from the Main Estimate of each respective year. NOMS) 2007-08 figures are for the Department for Constitutional Affairs as 2008-09 (Ministry of 70 12.19 opposed to the Ministry of Justice. Justice HQ—Excluding 2 The source of funding to the Office for Legal Complaints and NOMS) Legal Services Board is a levy upon the legal industry as per Legal Services Act 2007 and so MOJ funding will be reimbursed. The information requested for the National Offender Management Service (NOMS) is not held centrally and Departmental Non-domestic Rates to obtain it would entail manually examining large numbers of individual files at a disproportionate cost.

Justine Greening: To ask the Secretary of State for Departmental Postal Services Justice how many properties owned by his Department were liable for payment of (a) business rates and (b) empty property rates in each of the last five years; and Mr. Weir: To ask the Secretary of State for Justice what the total rates liability was in each year. [290253] how much his Department spent on Royal Mail services in each of the last five years. [288792] Mr. Straw: There are four properties owned by Ministry Mr. Straw: As the Ministry of Justice was created on of Justice that were liable for business rates in each of 9 May 2007 information is available only for the last the last five years. None of these properties qualified for two financial years: empty property rates. The total rates bill for these properties over the last £ five years is as follows: 2008-09 2007-08

(£) Ministry of Justice HQ 930,866 1474,818 Cleland Ashley HM Courts Service 8,216,255 7,853,817 House, House, Tribunal Service 2,630,956 2,367,064 Gwydyr Abell Page Monck Office of Public Guardian 10,392 6,440 House, House, John St, St, National Offenders Management 629,000 1449,000 65 Islip Street, London, London, Service (NOMS) Whitehall, London SWIP SWIP SWIA 2NP SWIP 4LH 4LN 2BQ Total: 12,417,469 11,151,139 1 In 2007-08, expenditure by certain parts of the Department—the Office of Criminal Justice Reform in Ministry of Justice 2004-05 45,600 1,360,248 1,163,712 214,320 headquarters, and headquarters functions within the current NOMS 2005-06 48,108 1,278,660 1,084,540 256,154 agency—were recorded on the Home Office’s accounting system, reflecting the way functions were organised prior to 9 May 2007. 2006-07 49,362 1,311,990 1,112,810 262,831 Details of this expenditure could be obtained only from Home 2007-08 50,616 1,345,320 1,141,080 269,508 Office systems at disproportionate cost. The 2007-08 NOMS figure 2008-09 52,668 1,399,860 1,187,340 280,434 reflects expenditure by the former HM Prison Service agency only. Total 246,354 6,696,078 5,689,482 1,283,247 In addition to this factor, the increase in expenditure reflects increases in postal charges from April 2008 and Figures from the estate of Her Majesty’s Court Service a greater use of tracked services including recorded post and the National Offender Management Service are not and courier services, reflecting an increased concern for held centrally and could only be obtained at data security when posting information. disproportionate cost. All expenditure with the Royal Mail is in line with the principles set out in HM Treasury’s manual “Managing Departmental Paternity Leave Public Money”, and the Treasury handbook on “Propriety and Regularity”.

Justine Greening: To ask the Secretary of State for Departmental Public Expenditure Justice how many staff took paternity leave from his Department in each of the last five years; and what the average duration of such leave was. [290251] Mr. Brady: To ask the Secretary of State for Justice which Minister in his Department has been assigned responsibility for overseeing the delivery of value for Mr. Wills: The Ministry of Justice (MoJ) allows new money in his Department; whether his Department has fathers to take up to 10 working days paternity leave established a public sector reform team to implement providing they meet the qualifying criteria including service reforms; and if he will make a statement. continuous employment for at least 26 weeks. [289736] Information from 2006-07 to present is shown in the following table but it should be noted the data is recorded Mr. Wills: I am the Minister with responsibility for using calendar days and cannot be converted to working value for money in the Ministry of Justice (MOJ). The days. Earlier figures were not held centrally. MOJ is committed to reforming and improving public 105W Written Answers12 OCTOBER 2009 Written Answers 106W services for the citizen and there are a number of teams rules for official travel and subsistence within the staff across the department that are working closely with handbook. The rules are in accordance with the guidelines colleagues in the centre of Government to achieve this. set out in the Civil Service Management Code. The MOJ’s Performance and Efficiency Programme It is not possible to identify other expenditure on (PEP) was set up to ensure the department delivers travel and hotels incurred specifically by Ministers without efficiencies of over £1 billion in the three years running incurring the disproportionate costs as a significant up to March 2011. This programme is supported by a proportion of hotel bookings, air travel, train travel and small PEP team which helps coordinate the work of the car hire are arranged through travel management companies wider department. employed by the Ministry to obtain best value for Departmental Recycling money options. Expenditure may also be incurred directly by staff and reimbursed through an expense claim process or charged to a Government Procurement Card Stewart Hosie: To ask the Secretary of State for (GPC). The GPC is a credit card operated by Barclays Justice what proportion of his Department’s waste was bank designed to limit transaction processing costs for recycled in the latest period for which figures are low value, ad-hoc expenses. Expense claim records and available. [289672] log books detailing expenditure on the GPC card are held locally across the organisation, including by courts Mr. Wills: The Ministry of Justice was created in and prisons across the country. Examination and analysis May 2007. This answer gives the figure for 2007-08 of local records to identify amounts relating specifically which is the latest period for which figures are available. to hotels, air travel, train travel and car hire for the last The proportion of waste the Ministry of Justice five years would incur disproportionate cost. recycled in 2007-08 was 15,635.6 tonnes and the percentage Travel and hotel costs incurred by Directors General recycled was 22 per cent. This information was published and the Permanent Secretary within the Ministry in in the seventh annual “Sustainable Development in 2008-09 are published on the Ministry’s website at: Government” Report (SDiG) at: http://www.justice.gov.uk/publications/moj-business-costs- http://www.sd-commission.org.uk/publications.php?id=853 0809.htm 2008-09 data will be published in December. Director Generals and Permanent Secretary costs have Departmental Training also been published quarterly on the website since July 2009. John Mason: To ask the Secretary of State for Justice The annual departmental resource accounts disclose how many external training courses were attended by expenditure on “travel, subsistence and hospitality” in staff of his Department in the last 12 months; and notes 10 (administration expenditure) and 11 (programme what the cost was of attendance on each such course. expenditure). Resource accounts were published by the [289704] Ministry of Justice for 2007-08 and 2008-09 and prior to that by the Ministry’s predecessor, the Department Mr. Wills: In the 12 month period from 1 September for Constitutional Affairs. All published accounts can 2008 to 31 August 2009 records show that 2,500 Ministry be found at: of Justice staff attended external courses. This figure http://www.official-documents.gov.uk/ excludes the National Offender Management Service, as to obtain this information would involve identifying Analysis of published totals to identify amounts relating and contacting sources of information in many different specifically to hotels, air travel, train travel and car hire locations at a disproportionate cost. Responsibility for for the last five years would incur disproportionate cost. decisions on training rest with line managers, again The majority of expenditure is recorded within the there is no central collation of management information Ministry’s accounting records against a general “travel on the cost of attendance of these courses and this and subsistence” category which includes, in addition, information could be obtained only at disproportionate subsistence allowances where, for example, staff are cost. required to stay away from home overnight. The information that is held under the “travel and Departmental Travel subsistence” category in the accounts includes non-civil servants, for example, judiciary and probation personnel. Justine Greening: To ask the Secretary of State for To calculate these costs, it would be necessary for the Justice how much his Department and its predecessors central procurement team to trawl manual records for spent on (a) car hire, (b) train travel, (c) air travel and the last five years. This is not possible since the procurement (d) hotels for (i) Ministers and (ii) staff in his contracts have changed during this period as have the Department in each of the last five years. [289977] structure of the Department following Machinery of Government Changes. Mr. Straw: All travel by Ministers is undertaken in Officials are now working to improve significantly accordance with the ministerial code. Since 1999, the the data held in this area. Cabinet Office has published a list of all overseas travel over £500 undertaken by Ministers. Information for the financial year 2008-09 was published on 16 July 2009 Driving Offences: Insurance and can be viewed at: http://www.cabinetoffice.gov.uk/propriety_and_ethics/ Mr. Kemp: To ask the Secretary of State for Justice ministers/travel_gifts.aspx how many convictions there were for the offence of All travel and hotel booking by Ministry of Justice driving without insurance in each of the last five years. staff members is completed in line with the published [289333] 107W Written Answers12 OCTOBER 2009 Written Answers 108W

Claire Ward: The number of findings of guilt for The Government also established a funding mechanism using a motor vehicle uninsured against third party to support novel and innovative projects and activities risks in England and Wales from 2003 to 2007 is shown which EROs and returning officers take forward in in the following table. pursuance of their duty, under section 69 of the EA Act An amendment to the Road Traffic Offenders Act to encourage electoral participation. Through this, funding 1988, s. 143 made driving a motor vehicle while uninsured has been made available for a range of schemes to against third party risks a fixed penalty offence as from support registration. 1 June 2003. Initially, offenders are, when appropriate, In addition, the Government recently legislated in the offered a £200 fixed penalty; this can be increased to a Political Parties and Elections Act 2009 for the phased maximum of £5,000 if the matter goes to court. implementation of Individual Registration (IR) in Great 2008 data will be available in the autumn of 2009. Britain. This will be supported by a programme of work to drive up registration rates in Great Britain, Number of findings of guilt for using a motor vehicle uninsured against enhancing both the comprehensiveness and accuracy of third party risks at all courts, England and Wales, 2003 to 20071,2,3 the electoral registers. Proceeded against This programme will include: data matching pilots 2003 323,372 between EROs and local authorities to support registration; 2004 322,816 and secondary legislation to support registration amongst 2005 289,348 service voters, enhance data sharing in areas where 2006 267,673 there are two tier local authorities, and clarify that the 2007 232,811 section 9 duty applies all year round. The Government 1 Includes offences under the Road Traffic Act 1988 s. 143 (2). have also initiated a registration poster campaign in 2 It is known that for some police force areas the reporting of court Citizens Advice Bureaux, the network of HM courts in proceedings, in particular those relating to summary motoring offences, England, Wales and Scotland and Jobcentre Plus offices. may be less than complete. 3 Every effort is made to ensure that the figures presented are accurate Figures released by the Office for National Statistics and complete. However, it is important to note that these data have show that during the last three years registration rates been extracted from large administrative data systems generated by continued to rise. As of 1 December 2008 the number of the courts and police forces. As a consequence, care should be taken UK parliamentary electors rose to 45.2 million. to ensure data collection processes and their limitations are taken into account when those data are used. Employment Tribunals Service Source: Office for Criminal Justice Reform—Evidence and Analysis unit. Justine Greening: To ask the Secretary of State for Electoral Register Justice how many times his Department has been taken to an employment tribunal in each of the last five Mr. Crausby: To ask the Secretary of State for Justice years; what the primary reason cited in each case was; what steps he is taking to encourage people to complete and in how many cases the tribunal found in favour of and return electoral registration forms. [291469] (a) the employee and (b) his Department. [290249]

Mr. Wills: Encouraging people to complete and return Mr. Straw: The data are held centrally only for the electoral registration forms is the responsibility of electoral two years since the establishment of the Ministry of registration officers (EROs), in local authorities, under Justice. To obtain the data now for previous years a duty placed on them by section 9 of the Electoral would incur disproportionate costs. Administration Act 2006 (EA Act), which requires them The following tables show the position at the end of to take all necessary steps to maintain the electoral each of the last two financial years in respect of the register, including sending the canvass form more than number of claims issued at the Employment Tribunal once, inspecting such records that the ERO is allowed to against the Ministry of Justice, and their outcomes. All inspect, and making house to house inquiries. of the claims shown in the tables were defended by the The EA Act also provided for the Electoral Commission Ministry at the initial stage in the process. to introduce a performance standards framework for The total number of people employed by the Ministry EROs. The standards provide a framework within which of Justice varies from day-to-day. The claims made are the performance of EROs in registering people can be from an employment population of circ. 79,840 in assessed, and targeted work undertaken to drive up 2007-08 and 80,750 in 2008-09. The staff numbers used performance where necessary.The first assessments against are published headcount figures on 31 March 2009 held these standards were published on 21 April 2009 and on the Office for National Statistics website at: are available on the Commission’s website. http://www.statistics.gov.uk

Claims heard by employment tribunals In favour of employee In favour of MOJ Outstanding

2007-08 Age discrimination 16 0 6 10 Disability discrimination 30 0 16 14 Equal pay 58 0 2 156 Pensionrights2020 Race discrimination 16 1 10 5 Sexual discrimination 28 1 11 16 Terms of employment 3003 109W Written Answers12 OCTOBER 2009 Written Answers 110W

Claims heard by employment tribunals In favour of employee In favour of MOJ Outstanding

Tradeunionactivity3030 TUPE 1010 Unfair/constructive dismissal 66 2 38 26 Wages claim 18 1 10 7 Whistleblowing3102 Working time regulations 1001 Total 245 6 99 140

2008-09 Agediscrimination5005 Disability discrimination 30 0 5 25 Equal pay 3003 Maternityleavepay1001 Non-standard casework 3003 Other 4013 Pensionrights0000 Race discrimination 11 0 4 7 Sexual discrimination 23 0 3 20 Sexual orientation discrimination 1001 Terms of employment 8017 Tradeunionactivity4022 Unfair/constructive dismissal 79 0 18 61 Wages claim 17 0 7 10 Whistleblowing0000 Working time regulations 1001 Total 190 0 41 149 1 19 of these cases showing as outstanding have actually been finalised, but the outcomes had not been updated.

Equal Opportunities Fines: Drugs

Andrew Rosindell: To ask the Secretary of State for Chris Huhne: To ask the Secretary of State for Justice Justice what recent steps his Department has taken to what the (a) lowest, (b) average and (c) highest fine increase equality in his Department. [287973] given to a person convicted of possession of (i) cannabis, (ii) ecstasy, (iii) cocaine, (iv) crack cocaine Mr. Wills: The Ministry of Justice (MOJ) has taken a and (v) heroin has been in each year since 1997. number of steps to increase equality in the department [291253] to support the efficient delivery of our policies and services including ensuring that our staff have the opportunity to develop their full potential and are Claire Ward: The requested information is shown in representative of the communities the Department serves. the following table: Average, maximum and minimum fine amounts imposed at all courts by drug During the past year we have launched MOJ’s Equality type and year, 1997 to 2007, England and Wales Action Plan and Equality Audit Tool; developed our Fine e-learning equality compliance training for staff; streamlined Drug type Minimum Maximum our equality impact assessment procedure, published and year (£) (£) Average (£) our Equal Pay Audit, and launched our Equality and Diversity portal. We have also recently published our Cannabis 1997 <5 2,400 82.06 Equality Schemes Annual Review setting out our progress 1998 <5 3,060 78.27 during 2008-09. 1999 <5 1,300 75.41 2000 <5 3,350 74.87 Ethnic Minorities: Manpower 2001 <5 2,000 72.12 2002 <5 2,000 66.27 Andrew Rosindell: To ask the Secretary of State for 2003 <5 5,000 70.58 Justice how many people from ethnic minority 2004 5 5,000 71.14 backgrounds are employed by his Department. [287972] 2005 <5 5,000 73.65 Mr. Wills: On 31 July 2009 (the latest date for which 2006 <5 1,000 78.90 figures are available) 6,388 of the 69,677 Ministry of 2007 <5 1,400 80.93 Justice employees who voluntarily declared their ethnicity, were recorded as Black or Minority Ethnic (BME). Cocaine 1997 25 5,000 624.50 This represents 9.1 per cent. of all employees with 1998 100 700 227.78 known ethnicity. There are 10,544 members of staff who have not declared their ethnic origin and so we are 1999 50 500 271.88 unable to provide figures for them. 2000 75 200 124.00 111W Written Answers12 OCTOBER 2009 Written Answers 112W

Average, maximum and minimum fine amounts imposed at all courts by drug mitigation presented, but also on the Defendant’s ability type and year, 1997 to 2007, England and Wales to pay. The Court will establish the latter by way of the Fine Statement of Means which is a questionnaire designed Drug type Minimum Maximum and year (£) (£) Average (£) to clarify the Defendant’s income and outgoings. 2001 50 250 136.11 Forced Marriages Act 2008: Prosecutions 2002 40 2,500 366.92 2003 30 750 215.53 Chris Huhne: To ask the Secretary of State for Justice 2004 100 1,000 371.43 how many prosecutions there have been for offences 2005 50 4,000 670.71 under the Forced Marriage Act 2008 since its introduction. [291550] 2006 30 750 293.33 2007 30 1,000 326.05 Claire Ward: The Forced Marriage (Civil Protection) Act 2007 was implemented in November 2008 providing Crack 1997 180 180 180.00 greater protection for those at risk, preventing forced cocaine marriage and enabling courts to make forced marriage 1998 75 100 83.33 protection orders (FMPOs). These are civil provisions. 1999 125 200 162.50 There is not a separate Forced Marriage Act 2008. 2000 50 50 50.00 I am told that since implementation of the Act on 2001 100 300 190.00 25 November 2008, up to 31 August 2009, a total of 64 FMPOs have been made. 2002 100 150 125.00 2003 75 75 75.00 Land: Registration 2004 50 250 183.33 2005 50 1,500 321.43 Justine Greening: To ask the Secretary of State for 2006 20 120 80.00 Justice (1) with reference to the Land Registry Annual 2007 25 60 38.33 Report 2007-08, what criteria the Land Registry applies in respect of the level of fees it charges for adjudication hearings; and if he will make a statement; Ecstasy 1997 40 750 209.33 [290076] (MDMA) 1998 100 750 269.09 (2) how much the Land Registry received in fees for 1999 75 2,000 359.06 adjudication hearings in each of the last four years; and if he will make a statement. [290078] 2000 50 1,000 246.50 2001 100 1,500 403.00 Mr. Wills: The Adjudicator to HM Land Registry is a 2002 50 1,000 291.14 judicial office within the Tribunal Service and is independent 2003 40 1,000 356.46 of Land Registry, with specific powers to determine 2004 75 650 272.50 disputes referred under section 73(7) of the Land Registration Act 2002. Land Registry must refer cases 2005 100 1,000 500.00 to the Adjudicator when there is a disputed application 2006 100 500 210.00 which cannot be resolved by agreement between the 2007 250 2,500 678.57 parties concerned. Applications may also be made directly to the Adjudicator for correcting or setting aside a document relating to registered land, and he hears Heroin 1997 70 2,000 406.25 appeals in relation to network access agreements. 1998 50 300 155.77 1999 50 500 194.44 Land Registry does not charge a fee when a matter is referred to the Adjudicator and has not received any 2000 75 300 161.25 fees for adjudication hearings. The Land Registration 2001 25 600 163.75 Act 2002 gives the Lord Chancellor power to prescribe 2002 60 250 142.78 fees for proceedings before the Adjudicator; that power 2003 60 2,500 455.00 has not been exercised and the services are currently free of charge. The Adjudicator is able to make orders 2004 25 100 58.33 for costs in relation to proceedings before him, unless 2005 80 300 155.00 the parties concerned have agreed who should pay. 2006 25 240 103.75 2007 25 100 65.83 Justine Greening: To ask the Secretary of State for Source: Justice how many adjudication hearings the Land OMS Analytical Services, Ministry of Justice. Registry has held in each of the last four years; and if he will make a statement. [290077] These figures have been drawn from administrative data systems. Although care is taken when processing Mr. Wills: All adjudication hearings are held by the and analysing the returns, the detail collected is subject Adjudicator to HM Land Registry, which is an independent to the inaccuracies inherent in any large scale recording office created by the Land Registration Act 2002. Land system. Registry has therefore made reference to the Adjudicator When a case is referred to Court, the amount of the to provide the data requested. The number of hearings fine is based not only on the nature of the offence and in each of the last four financial years was as follows: 113W Written Answers12 OCTOBER 2009 Written Answers 114W

Mr. Wills: At present information relating to the size Number of adjudication hearings (number of people) and status of businesses is not 2005-06 90 captured as standard practice when contracts are awarded 2006-07 189 to suppliers. Therefore, the requested information could 2007-08 255 be obtained only at disproportionate cost. 2008-09 260

Libel: Internet Members: Correspondence

Paul Farrelly: To ask the Secretary of State for Sir Gerald Kaufman: To ask the Secretary of State for Justice what progress his Department has made in its Justice when he plans to reply to the letter of 4 June review of the effects of the internet on the operation of 2009 from the right hon. Member for Manchester, Gorton on Mrs A Barry. [290239] libel laws. [292091]

Bridget Prentice: We published a consultation paper Mr. Straw: I replied to my right hon. Friend on “Defamation and the Internet: the multiple publication 25 July and I apologise for the delay. rule” on 16 September 2009. This consultation seeks views on the effect of the multiple publication rule (which provides that each publication of defamatory National Offender Management Service: Finance material can form the basis of a new cause of action) in relation to online archives and will close on 16 December Mr. Garnier: To ask the Secretary of State for Justice 2009. what the budget of each major area of expenditure of The Government will consider other issues in relation the National Offender Management Service is for to the law of libel in the light of any recommendations 2009-10. [290320] that the Department for Culture, Media and Sport Select Committee may wish to make in its forthcoming Mr. Straw: The budget of the National Offender report on its inquiry into Press Standards, Privacy and Management Service (NOMS) for 2009-10 by major Libel. area of expenditure as published in the 2009 Main Estimates, is shown in the following table: Lockerbie: Bombings 2009-10 Departmental expenditure limits (£ million)

Mr. Lidington: To ask the Secretary of State for NOMS HQ 332.6 Justice whether the Government (1) received NOMS Operations 3,477.9 representations from the US administration at the time National Probation Boards Grant in aid 783.4 of his decision to alter the terms of the proposed (includes £3 million capital) UK-Libya Prisoner Transfer Agreement so that it did Total 4,593.9 not exclude the case of Mr al-Megrahi; and if he will make a statement; [291165] Since the creation of the new NOMS agency in 2008, (2) informed the US administration at the time of its there is no longer a natural separation of budgets and decision to alter the terms of the proposed UK-Libya expenditure between HQ and other services and the Prisoner Transfer Agreement so that it did not exclude methodology used for the above classification has proved the case of Mr al-Megrahi; and if he will make a difficult to maintain. It is intended to propose an statement. [291166] amendment to this classification in a Supplementary Estimate to make “HQ” synonymous with the Mr. Straw: Throughout the negotiations on the prisoner “Administration”classification also used in the Estimates. transfer agreement (PTA) between the United Kingdom Taking into account this proposed amendment, the and Libya the US Government were kept informed of NOMS resource budget can be broken down over the developments. The United States Government maintained following more detailed headings: their view that Mr. Al-Megrahi should serve out his sentence in Scotland. (£ million) It was always the position of the UK Government NOMS HQ 124 that excluding Mr. Megrahi from the terms of the treaty Public prisons 1,980 was not necessary. The PTA did not confer a right to Private prisons 284 transfer on prisoners. Transfer could only take place if Probation (Boards and Trusts) 898 both Governments concerned agreed. In the event that Prisoner Escort Services (PECS) 162 Mr. Megrahi’s application under the PTA was refused Electronic monitoring 92 by the Scottish Executive. Capacity Directorate (Major maintenance, 662 property costs and increasing prison capacity) Manpower Other programme spend supporting Operational 389 Delivery Lorely Burt: To ask the Secretary of State for Justice Total 4,591 how many contracts let by his Department were awarded to businesses with fewer than 50 employees in There is no current breakdown of the NOMS budget each of the last five years; and what the monetary value for 2010-11 as decisions have not been made on allocation of such contracts was in each such year. [287804] of 2010-11 budgets. 115W Written Answers12 OCTOBER 2009 Written Answers 116W

Mr. Garnier: To ask the Secretary of State for Justice Prison Accommodation what the budget for the National Offender Management Service headquarters is for 2010-11. [290324] Andrew Rosindell: To ask the Secretary of State for Justice what recent steps his Department has taken to Maria Eagle: The allocation of the 2010-11 resource improve prison conditions. [287963] budget for the National Offender Management Service (NOMS) is not yet finalised. The Main Estimates which Mr. Straw: I refer the hon. Member to the answer I will provide the funding for the three funding streams of gave him on 7 July 2009, Official Report, columns NOMS HQ, Operations and Probation boards, are 668-69W. expected to be laid before Parliament in the spring of The National Offender Management Service has a 2010. statutory duty to hold all prisoners in decent conditions. As part of our commitment to increase the capacity Political Parties: Finance of the prison estate to 96,000 places, we are building new prisons and expanding existing prisons. The new Martin Linton: To ask the Secretary of State for buildings produced by this capacity programme are Justice when he plans to introduce spending limits on providing modern accommodation that is fully compliant parliamentary candidates. [289630] with relevant standards such as the new safer cell specification. Mr. Wills: Section 21 of the Political Parties and In addition, on 27 April I announced that, instead of Elections Act 2009 will introduce pre-candidacy spending building three 2,500 place “Titan” prisons, we plan to limits on the election expenses of individuals at certain build five 1,500 place prisons. Our model will draw on general elections. These spending limits will apply if best practice in the existing estate to provide first class and when a Parliament runs for over 55 months. In the regimes that will help offenders address their offending case of the current Parliament, the spending limit would behaviour. The 7,500 places provided by these new apply to all election expenses used after 1 January 2010, prisons will allow for the closure of some of the most should Parliament not be dissolved before that date. worn out places. As I made clear at Commons Report stage of the These measures support our aim, not only to provide Political Parties and Elections Bill on 9 February, these additional capacity, but to modernise the estate and provisions will not be commenced until restrictions on improve the quality of accommodation. the use of the Communications Expenditure have been agreed by the House. As my hon. Friend, the Deputy For existing accommodation, we have a rolling Leader of the House (Barbara Keeley) made clear in a programme of refurbishment that allows the critical written answer to the right hon. Member for Horsham maintenance of the estate to be undertaken. (Mr. Maude) on 20 July 2009, Official Report, column Pete Wishart: To ask the Secretary of State for 800W, the Leader of the House hopes to bring forward Justice what assessment he has made of the the necessary amendments shortly after the summer effectiveness of steps taken to reduce overcrowding in adjournment. prisons in England and Wales. [291392]

Press Releases Mr. Straw: The Government have been pursuing a clear strategy to increase capacity in the prison estate Andrew Rosindell: To ask the Secretary of State for and to ensure that custody is properly targeted at those Justice (1) how many press releases his Department has serious, dangerous and persistent offenders for whom issued in the last 12 months; [287967] imprisonment is necessary. (2) how many press officers his Department employs. Since April 2007, over 5,200 places have been provided [288036] by the Capacity Programme and in 2009 alone, nearly 1,000 places have been delivered to date. Mr. Wills: Between 1 September 2008 and 31 August 2009 the Ministry of Justice press office issued 183 press Prison Sentences notices. These were sent to national, regional and international media and highlighted the work and policies Mr. Garnier: To ask the Secretary of State for Justice of the Department. Writing and issuing press notices is what the average (a) tariff and (b) time served by a small part of a press officer’s job which also includes offenders sentenced to (i) a mandatory life sentence elements such as providing a round the clock service to and (ii) a discretionary life sentence was in each of the global media outlets, arranging and attending media last 10 years. [287898] facilities with Ministers, arranging media interviews and media monitoring. Mr. Straw: Details of prisoners’ releases are published As at 31 August 2009, the Ministry of Justice employed in the ’Offender Management Caseload Statistics’ (OMCS) 40 press officers. This includes a press officer on maternity produced by Offender Management and Sentence leave. Staffing levels in the Ministry’s Communications Analytical Services in the Ministry of Justice. This is Directorate now more adequately reflect the high level available in the Library of the House and is available at: of media interest in the work of the Department, and http://www.justice.gov.uk/pulicatons/statistics the need to meet the high demands of a 24/7 media. It is OMCS provides details of the time served by offenders right that the public know and understand the work of sentenced to a mandatory life sentence, and by all other the MOJ and its agencies and how taxpayers’ money is life sentenced offenders, not including offenders serving being spent. Communications, including the work of an indeterminate sentence of imprisonment for public the press office, is an important element of this. protection (IPP). 117W Written Answers12 OCTOBER 2009 Written Answers 118W

Disaggregating the time served by those serving Percentage of time served discretionary from the “other life sentenced offenders” including remand in OMCS would incur disproportionate costs. 2007 2008 The following table sets out the average time, by Adult releases from prison 2007-08 number of years, served by mandatory and other lifers, by year of release: Up to and including 6 months 58 58 Over 6 months and less than 12 months 51 49 12 months and less than 4 years 60 61 Mandatory Lifers Other Lifers 4 years and less than life 65 63 1998 13 14 All determinate sentences 62 61 1999 13 16 2000 13 11 Young offenders releases from prison 2007-08 2001 13 9 Up to and including 6 months 66 64 2002 14 9 Over 6 months and up to and including 51 52 2003 15 12 12 months 2004 14 9 12 months and less than 4 years 53 54 2005 14 6 4 years and less than life 61 59 2006 14 7 All determinate sentences 57 56 2007 16 9 2008 16 9 This table is an extract from tables 9.1 and 9.2 in the recently published Offender Management Caseload The following table sets out the average tariff length Statistics 2008, a copy of which has been placed in the for sentences received in the same time period, for House of Commons Library and which can also be mandatory lifers and other lifers (not including found at the following website: indeterminate sentences for public protection), rounded http://www.justice.gov.uk/publications/prisonand probation.htm to the nearest year, by year and sentence. As with any large scale recording system, they are subject to possible These figures have been drawn from administrative errors arising from either data entry or processing. IT systems which, as with any large scale recording system, are subject to possible errors with data entry Mandatory Lifers Other Lifers and processing.

1998 13 6 Prison Service: Finance 1999 14 6 2000 14 5 Mr. Gerrard: To ask the Secretary of State for Justice 2001 14 5 what the difference was between the budget and the 2002 13 5 expenditure outturn for the Prison Service in the 2003 14 5 financial years (a) 2005-06, (b) 2006-07 and (c) 2004 15 6 2007-08. [288804] 2005 16 6 2006 19 8 Maria Eagle: The budget and expenditure outturn 2007 17 11 figures for HM Prison Service (HMPS) are as follows: 2008 18 11 (£) Chris Huhne: To ask the Secretary of State for Justice Outturn Underspend/ how many and what proportion of prisoners who Resource budget expenditure (Overspend) completed their sentence during (a) 2007 and (b) 2008 2007-08 2,057,504,000 2,053,165,000 4,339,000 served their entire sentence in prison. [291835] 2006-07 1,931,243,000 1,931,851,000 (608,000) 2005-06 1,792,965,000 1,826,031,000 (33,066,000) Maria Eagle: In accordance with the legislation which governs the release of prisoners, no prisoner serving a Prison Service: Secondment determinate sentence is required to serve the entire sentence in prison. Successive legislation on this, since Mr. Gerrard: To ask the Secretary of State for Justice 1967, has maintained the approach that prisoners should how many staff of his Department have been seconded serve a proportion of their sentence in custody and the to work on the Prison Service’s in-house bid for the rest in the community, often subject to licence conditions next round of market testing. [288823] on release. This approach is vital for the purposes of safely reintegrating prisoners back into the community Maria Eagle: 29 staff have now been redeployed and to reduce the risk of further offending. If prisoners within the National Offender Management Service (NOMS) were to serve their whole sentence in prison they would in response to the announcement made by the Lord have to be released without any supervision or restrictions, Chancellor on 27 April 2009. which would put the public at risk. Prisoner Escapes Only those prisoners serving a life sentence with a whole life tariff will spend their entire sentence in Mr. Garnier: To ask the Secretary of State for Justice prison. how many prisoners escaped from each open prison in The following table shows the average percentage of England and Wales in each of the last (a) 12 months sentence served (including time on remand) for prisoners and (b) 12 years for which figures are available; for discharged from determinate sentences in 2007 and which offence each prisoner was originally convicted; 2008 from prison establishments in England and Wales. and which prisoners are still unlawfully at large. [288435] 119W Written Answers12 OCTOBER 2009 Written Answers 120W

Maria Eagle: Escapes involve a prisoner absenting 2004. Data are not available centrally prior to this himself from prison custody without lawful authority period and could be obtained only at disproportionate by overcoming a physical security restraint such as that cost. provided by fences, locks, bolts and bars, a secure vehicle or handcuffs. Absconds occur where a prisoner All those located in open conditions have been risk absents himself or herself from prison custody without assessed and categorised as being of low risk to the lawful authority and without overcoming physical security public. Time spent in open prisons affords prisoners the barriers or restraints, conditions typically found in open opportunity to find work, re-establish family ties, reintegrate prisons. Absconds have been falling and last year recorded into the community and ensure housing needs are met. the lowest number of absconds on record. For long-term prisoners these are essential components The data in table 1 show the number of prisoners for successful resettlement and an important factor in who have absconded from each open prison in England protecting the public. and Wales for the last 12 months and numbers of Prisons can and do take a variety of actions to try prisoners who remain unlawfully at large. and reduce absconds. Open prisons operate intelligence Table 2 shows the number of prisoners who have systems to try and spot those who might be planning to absconded from each open prison in England and Wales abscond; prisoners are screened and those who are at for the last 12 years and numbers of prisoners who significant risk of absconding are sent back to closed remain unlawfully at large. Figures for prisoners unlawfully conditions; in many areas the prison, police and CPS at large prior to April 2004,are not available centrally are working together to maximise the prosecution of and could be produced only at disproportionate cost. absconders to provide a deterrent to others who may be Table 3 shows the index offences of prisoners who thinking of doing the same. have absconded from each open prison since April

Table 1: Numbers of prisoners who have absconded from open prisons in England and Wales for the last 12 months (first row for each prison) and those who remain unlawfully at large (second row for each prison) 2008 2009 Establishments Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

Askham Grange 0 0000110010 0 0 0000000000 0 Blantyre House 0 0000000000 0 0 0000000000 0 DrakeHall 0 0000000000 0 0 0000000000 0 EastSuttonPark 0 0000000000 0 0 0000000000 0 Ford 3 7565442421 0 0 1220000200 0 Grendon/Springhill 0 3111001103 5 0 0000000001 0 Hewell 0 0330001215 4 0 0010000001 3 HollesleyBay 1 3111300221 2 0 0000000000 1 Kirkham 1 2456403040 2 0 1101100000 0 Kirklevington 0 0010001300 0 0 0000000000 0 Latchmere House 0 0000000000 0 0 0000000000 0 Leyhill 6 5556406303 3 2 0010000002 0 Moorland 2 4613113433 5 0 0000001000 2 MortonHall 0 0000000000 0 0 0000000000 0 North Sea Camp 0 1144100003 1 0 0001000000 1 Norwich (Resettlement Unit) 0 0000000110 0 0 0000000000 0 Standford Hill 1 71231512121 5 0 1001201000 0 Sudbury 2 2021241431 1 121W Written Answers12 OCTOBER 2009 Written Answers 122W

Table 1: Numbers of prisoners who have absconded from open prisons in England and Wales for the last 12 months (first row for each prison) and those who remain unlawfully at large (second row for each prison)

2008 2009

Establishments Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun

1 0000000000 0

Thorn Cross 1 1260431372 2

0 0000000000 1

Usk/Prescoed 2 0010100001 0

0 000 000001 0

Note: The second row of each establishment shows the number of prisoners still unlawfully at large.

Table 2: Numbers of prisoners who have absconded from open prisons in England and Wales for the last 12 years (first row for each prison) and those who remain unlawfully at large (second row for each prison) 1999- Establishments 1997-98 1998-99 2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

Askham Grange 35 17 20 21 19 12 31 12 14 7 11 4 ———————00000 Blantyre House 100011011000 ———————00000 Drake Hall1 1221349439330100000 ———————00000 EastSuttonPark533330124200 ———————03100 Ford 53 40 68 57 57 91 142 110 96 62 47 53 ——————— 310102 8 Grendon/Springhill 20 9 14 14 12 23 60 36 34 11 21 10 ———————32000 Hatfield2 7780363450560000036 ———————00001 Hewell Grange3 40 17 32 20 15 23 31 24 24 13 15 16 ———————11111 HollesleyBay13251124814363216211917 ———————21210 Kirkham 234 202 171 169 163 208 213 120 74 54 65 42 ———————22013 Kirklevington4 020001042006 ———————00000 Latchmere House5 200121000000 ———————00000 Leyhill 20 25 34 25 19 33 114 102 66 37 55 58 ———————52144 Moorland2 110000687349412336 ———————01001 Morton Hall6 201523600000100 ———————00100 North Sea Camp 25 32 27 24 36 34 79 33 49 48 46 17 ———————02001 Norwich 200010082211 (Resettlement Unit)7 ———————00000 Standford Hill 35 36 43 29 37 83 89 39 58 38 44 46 ———————37026 Sudbury 81 75 63 69 81 68 75 77 76 78 55 23 ———————02202 Thorn Cross 168 135 147 110 135 152 130 90 105 82 68 24 ———————00000 Usk/Prescoed 7 13 19 14 5 8 35 19 9986 ———————00000 123W Written Answers12 OCTOBER 2009 Written Answers 124W

Table 2: Numbers of prisoners who have absconded from open prisons in England and Wales for the last 12 years (first row for each prison) and those who remain unlawfully at large (second row for each prison) 1999- Establishments 1997-98 1998-99 2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

Wealstun 48 70 72 105 79 101 144 74 28 46 32 1 ———————00000 1 Drake Hall changed role to Semi Open in 2001-02 from Open 2 Hatfield merged with Moorland in 2003-04 3 Hewell - changed of name from Hewell Grange June 2008 4 Kirklevington changed role to Semi Open in 2001-02 from Category C 5 Latchmere House changed role to Semi Open in 2001-02 from Open 6 Morton Hall changed role to Semi Open in 2001-02 from Open 7 Norwich - Open Resettlement Unit Notes: 1. Figures for prisoners unlawfully at large are unavailable centrally prior to April 2004. 2. The second row of each establishment shows the number of prisoners still unlawfully at large Table 3: Breakdown of prisoners absconding from prisons in England and Wales between April 2004 to March 2009 showing main index offence East Askham Blantyre Sutton Hollesley Main Index Offence Grange House Park Ford Grendon/Springhill Hewell Bay Kirkham Kirklevington

Administer poison — — — — — — — — — Affray — — — 2 1 — — 5 — Aggravated burglary 1 — — 2 4 1 2 5 1 Arson — — — — — — 1 — — Arson with intent — — — — — — — — — Assault a police officer — — — 3 — — — 1 — Assault occasioning ———4 21 1 4 — ABH Assault with intent to ———— ——— 1 — cause ABH Assault with intent to ———— ——— 1 — resist arrest Assault with intent to ———— ———— — rob Assisting illegal ———1 ——— 1 — immigrants Attempt to commit ———— ———— — rape Attempt to commit ———— 1—— 1 — theft Attempt to pervert the ———3 ——— 2 — course of justice Attempted burglary 1 — — 3 — 1 — 1 — Attempted deception — — — 1 — — — — — Attempted murder — — — — 1 — — — — Attempted robbery — — — 3 3 3 2 6 — Being carried in a ———— ——— — stolen vehicle Blackmail — — — — — — — 1 — Breach of Bail 1 — — 1 — — — — — Breach of ———1 ———— — combination order Breach of community ———2 —1 1 4 — service order Breach of drug testing ———6 ——— 1 — and treatment order Breach of probation ———— ——— 2 — order Breach of restraining ———— ———— — order Breach of supervision ———— 1——— — order Breach of suspended ———3 11 2 6 sentence Burglary 5 — 1 48 23 25 20 91 4 Burglary of a dwelling 1——3731 315— place Burglary of a non- ———7 2——— — dwelling place Causing an explosion ———1 ———— — or placing explosive Common assault — — — 5 — — 1 — — Conspiracy to cause ———— ———— — affray 125W Written Answers12 OCTOBER 2009 Written Answers 126W

Table 3: Breakdown of prisoners absconding from prisons in England and Wales between April 2004 to March 2009 showing main index offence East Askham Blantyre Sutton Hollesley Main Index Offence Grange House Park Ford Grendon/Springhill Hewell Bay Kirkham Kirklevington

Conspiracy to commit ———— ———— — a kidnap Conspiracy to commit ———2 ——— 1 — burglary Conspiracy to commit ———1 ——— 3 — a robbery Conspiracy to commit 3——3 —1 2 3 — a theft Conspiracy to defraud — — — 5 2 — — — — Conspiracy to import ———1 ———— — drugs Conspiracy to supply 51—3 —1—10— drugs Conspiracy to riot — — — — — — — — — Contempt of court — — — — — — — — — Criminal damage — — — 1 — — — — — Customs evasion — — — 1 — — — — — Customs evasion ——15 1— 4— — (drugs related) Customs evasion (not ———— ———— — drugs related) Death by reckless ———2 3— 2 1 — driving Debts — — — — 1 — — — — Deception — — — 10 1 2 — 1 — Driving under the ———3 1—— 1 — influence of drink/ drugs Driving whilst ———1944 616— disqualified Drunk — — — 1 — — — — — Escape — — — 1 — — — — — Escape lawful custody — — — 2 — — — — — Fail to surrender — — — — — — — — — Failure to provide ———— — 1— — specimen False imprisonment — — — 6 — 1 — — — False instruments — — — — — — 1 — — Forgery — — — — — — — — — Fraud — 1 — 4 1 — — — — GBH — — — 2 — — 1 — — Going equipped to ———— ———— — cheat Going equipped for ———1 ———— — stealing Handling stolen goods — — 1 2 4 — 3 7 — Holding warrant 2 — — 5 — 1 — 4 — Illegal immigrant/ ———3 1— 1 1 — detainee Import/export/drug — — 2 14 3 1 1 — — Inflict grievous bodily 1——4 24 5 5 — harm Kidnapping — — — — — 2 — — — Libel — — — 3 — — — — — Make off without ———— ———— — paying Making threats to kill — — — — — 1 — 1 — Manslaughter 1 — 1 4 — 1 1 1 — Murder — — — 9 2 3 — 4 — Obscene telephone ———— ———— — calls Other burglary ———6 34 2 9 1 offences Other criminal ———3 —1 — 3 — offences Other driving offences — — — — — — — — — Other fraud/deception/ ———— ———— — financial offences 127W Written Answers12 OCTOBER 2009 Written Answers 128W

Table 3: Breakdown of prisoners absconding from prisons in England and Wales between April 2004 to March 2009 showing main index offence East Askham Blantyre Sutton Hollesley Main Index Offence Grange House Park Ford Grendon/Springhill Hewell Bay Kirkham Kirklevington

Other violence ———— ———— — offences Perjury — — — — — — — — — Possession of drugs 1 — — 2 — — — 1 — Possession of drugs 1——7 32 820— with intent to supply Possession of an ———4 —— 1 3 — offensive weapon Possession of firearm ———4 42 3 — with intent, endanger life Rape — — — — — — — — — Receiving stolen goods — — — 1 — — — — — Reckless driving — — — 8 1 — 2 6 — Road traffic Act (No/ ———— ———— — Lic/lights/bald tyres etc) Robbery 9 — 2 37 18 14 19 41 1 Sec 40 convictions 1——1 23 1— — during original sentence Supplying drugs 11 — — 13 2 3 3 14 2 Taking and driving ———7 2 2 9 — away Theft 1 — — 20 3 5 2 26 — Threatening/disorderly ———— 1— 1— — behaviour Treason — — — — — 1 — — — Trespass — — — — — — — 1 — Trespass with intent — — — 1 — — — — — Vehicle interference — — — — — 1 — — — Violent disorder — — — — — — — 1 — Wounding with intent 1——1 5—— 7 — to inflict GBH Wounding (inflicting ———2 —— 2 4 — GBH) Recorded offence not 2——1 —— 1— 3 available Total 48 2 8 368 112 92 105 355 12

North Sea Standford Thorn Usk/ Main Index Offence Leyhill Moorland Camp Norwich Hill Sudbury Cross Prescoed Wealstun

Administer poison — — — — — — — — 1 Affray 2 4 — — 2 1 1 — — Aggravated burglary 2 4 1 — 4 5 3 — 4 Arson 2 — 1 1 — 3 1 1 3 Arson with intent 1 — 3 — — — — — — Assault a police officer 1 — 2 — 1 — — — — Assault occasioning 45 2 328—3 ABH Assault with intent to —— ———2——1 cause ABH Assault with intent to —— ——— —— — resist arrest Assault with intent to —1———13—— rob Assisting illegal — — —— 2——— — immigrants Attempt to commit rape — — — — — — — 1 — Attempt to commit 1 — 1— 2——— 1 theft Attempt to pervert the 11—————— course of justice Attempted burglary 1 1 — 1 1 — — — 1 Attempted deception 1 — — — — — — — — Attempted murder 2 1 — — 1 1 — — — Attempted robbery 6 8 — 1 3 16 20 1 3 129W Written Answers12 OCTOBER 2009 Written Answers 130W

North Sea Standford Thorn Usk/ Main Index Offence Leyhill Moorland Camp Norwich Hill Sudbury Cross Prescoed Wealstun

Being carried in a stolen — — —— ——1 — — vehicle Blackmail 1 2 — — — — 1 — — Breach of Bail — — — — 1 — — Breach of combination — 1 —— ——1 — — order Breach of community 1 2 —— ——1 — — service order Breach of drug testing —1 2—11 1— and treatment order Breach of probation —— ———12—— order Breach of restraining 1 — —— ———— — order Breach of supervision — 1 —— ——7 — 1 order Breach of suspended 12 8—21113 sentence Burglary 81 61 56 4 45 76 94 11 42 Burglary of a dwelling 13 2 7 — 10 5 10 — 4 place Burglary of a non- 1 — —— 1—2 — 1 dwelling place Causing an explosion or — 1 —— ———— — placing explosive Common assault — — 1 — 2 — 2 — 1 Conspiracy to cause — — —— ——1 — — affray Conspiracy to commit a 1 — —— ———— — kidnap Conspiracy to commit —— 1—1211 1 burglary Conspiracy to commit a —2——13——— robbery Conspiracy to commit a 62 3—33211 theft Conspiracy to defraud — — — — 2 1 — — — Conspiracy to import 1 — —— ———— — drugs Conspiracy to supply 11 3—25211 drugs Conspiracy to riot 1 — — — — — — — — Contempt of court — — — — 1 — — — — Criminal damage — — 1 1 — 2 — — Customs evasion — — — — — — — — — Customs evasion (drugs 2— 1——2——— related) Customs evasion (not — — 1— ———— — drugs related) Death by reckless 23 2——3323 driving Debts — — — — — — — — — Deception 3 2 2 — 3 2 3 Driving under the — — —— 1—— 2 1 influence of drink/drugs Driving whilst 62 8—14124 9 disqualified Drunk — — 1 — 1 — — — — Escape — — — 2 — — — — Escape lawful custody 4 — 1 — — 2 — — Fail to surrender 1 — 1 — 1 — — — — Failure to provide —— ———1——— specimen False imprisonment — — — 1 3 1 — — — False instruments 1 — 1 — — 1 — — — Forgery — — 1 — — — — — — Fraud — — — — 2 1 — — — GBH 3 1 —— 4—1 — — Going equipped to — — —— 2——— — cheat 131W Written Answers12 OCTOBER 2009 Written Answers 132W

North Sea Standford Thorn Usk/ Main Index Offence Leyhill Moorland Camp Norwich Hill Sudbury Cross Prescoed Wealstun

Going equipped for 1 — —— ———— — stealing Handling stolen goods 6 1 2 — 3 1 1 — 4 Holding warrant 4 8 — — 1 4 — — 5 Illegal immigrant/ — — —— ———— — detainee Import/export/drug 4 — 1 — 2 4 — — — Inflict grievous bodily 11 5 5 1 3 9 5 1 7 harm Kidnapping — 1 2 — — — — 1 — Libel — — — — — — — — — Make off without — — 1— ———— — paying Making threats to kill — — — — — 1 — — — Manslaughter 2 1 2 — — 3 2 — 1 Murder 11 — 5 — 5 15 — 1 3 Obscene telephone calls — — — — 1 — — — — Other burglary offences 5 2 1 — 5 5 1 3 4 Other criminal offences — — — — 1 1 — — — Other driving offences — — — — — — 1 — — Other fraud/deception/ 1 — —— 1——— — financial offences Other violence offences — — — — — — 1 — — Perjury — — 1 — — — — — — Possession of drugs 4 2 2 — — 2 1 — 3 Possession of drugs 11 13 5 — 10 15 20 3 8 with intent to supply Possession of an 12——12—11 offensive weapon Possession of firearm 61 4—481—1 with intent, endanger life Rape 4 — 1— ——— 1 — Receiving stolen goods — — 1 2 1 — — — Reckless driving 2 3 4 1 4 2 16 1 3 Road traffic Act ( —— ———1——— No/Lic/lights/bald tyres etc) Robbery 51 38 17 1 18 52 67 9 28 Sec 40 convictions 21 2—114—2 during original sentence Supplying drugs 9 14 6 — 5 19 12 1 9 Taking and driving 31 3—3225 3 away Theft 14 9 13 — 20 10 8 1 7 Threatening/disorderly — — —— ——2 — — behaviour Treason — — — — 2 — — — — Trespass — 1 — — — — — — — Trespass with intent — — — — 3 — — — — Vehicle interference 1 — — — — — — — — Violent disorder — — 1 — — 2 4 — — Wounding with intent 5 3 22 45161 2 to inflict GBH Wounding (inflicting 53 1——28—2 GBH) Recorded offence not 1 2 —— 1——— — available Total 318 222 193 14 225 309 369 51 181 Note: These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.

Prisoners Release: Foreigners Mr. Straw: I refer the hon. Member to the answer I gave him on 14 September 2009, Official Report, : To ask the Secretary of State for columns 2152-153W. Justice how many of the 954 offenders who had their In my written ministerial statement of 6 July 2009, licence recalled in 2008-09 and were not returned to Audit of Licence Revocation, Official Report, columns 34- custody are foreign nationals. [291425] 38WS, I announced that, as at 26 June 2009, 954 offenders 133W Written Answers12 OCTOBER 2009 Written Answers 134W who had their licences revoked between 1984 and 31 March Table 2: HDC recalls since 1999 2009 were not recorded as having been returned to Year of recall Numbers recalled custody. Of the 954, there were 192 foreign nationals. Of 2003 2,716 the 192, 64 were assessed as meeting the criteria for 2004 3,003 deportation. 2005 2,627 Over the last 10 years, more than 99 per cent. of 2006 2,184 offenders who have been recalled to prison have been 2007 1,654 successfully apprehended. We are determined to build 2008 1,442 on this creditable performance. All agencies are working together to review and revise As regards those prisoners who were released early the end-to-end recall process, to ensure that we have the and were subsequently convicted of murder or rape, the strongest grip on these individuals and can return them National Offender Management Service (NOMS) holds to custody as quickly as possible. The police have an information on the number of offenders, whose cases action plan in place to deal with outstanding cases. were notified in line with Serious Further Offence (SFO) procedures, who had been released on licence and The Probation Service has significantly improved its subsequently convicted of (a) murder and (b) rape, for enforcement of breaches. In 1997 only a third of breaches the years 2006-07, 2007-08 and 2008-09. To provide the were being appropriately enforced, compared to over 95 full set of information from 1997 would require manual per cent. by 2008. Before 1999 recall was rarely used checking of files, which could be undertaken only at because such cases had to go through the courts. disproportionate cost. Prisoners Release: Reoffenders Of those released on HDC or ECL from 2006-07 onwards, NOMS has been notified that there have been Mr. Hayes: To ask the Secretary of State for Justice four convictions for murder and two convictions for (1) how many early release prisoners have been rape, as shown in Table 3. re-arrested following release (a) since 1997 and (b) in Table 3 the last 12 months; [290106] Year of Year of (2) how many prisoners released under early release HDC conviction ECL conviction schemes in each year since 1997 were since convicted of Murder 2 1 in 2008 2 1 in 2007 offences of (a) murder and (b) rape. [290107] 1 in 2009 1 in 2009 Mr. Straw: Determinate sentenced prisoners may be released into the community earlier than the halfway Rape 1 1 in 2008 1 1 in 2008 point of their sentence only under either the End of Custody Licence (ECL) scheme or the Home Detention Curfew (HDC) scheme. Indeterminate sentenced prisoners Mr. Hayes: To ask the Secretary of State for Justice are not eligible for early release. how many prisoners granted early release have been The Ministry of Justice does not hold centrally details convicted of (1) dangerous offences in the last 12 of all offenders released on ECL or HDC who have months; [290108] been re-arrested. The Department does hold data on (2) violent offences in the last 12 months. [290109] the number of offenders released on HDC or ECL who were recalled to custody following release. An arrest in Mr. Straw: The Ministry of Justice records the number itself may not result in a recall—for example, where the of alleged offences while on early custody licence (ECL) police investigation does not result in any charges, the and has recently released figures of offenders who decision may be taken not to recall the offender. reoffended while on home detention custody (HDC). Data on ECL releases, recalls and alleged re-offending Data on ECL releases, recalls and alleged re-offending is published every month on the following website: is published every month on the following website. http://www.justice.gov.uk/publications/ http://www.justice.gov.uk/publications/ endofcustodylicence.htm endofcustodylicence.htm The numbers recalled from ECL since the scheme’s During the period 29 June 2007 (the start of the inception for all reasons are shown in Table 1. scheme) to 31 August 2009 (the latest data available), Table 1 67,380 prisoners were released on ECL of which 1,026 Number offenders have been notified to the National Offender 29 June to 31 December 2007 564 Management Service (NOMS) as alleged to have committed 1 January to 31 December 2008 1,030 a further offence while on the scheme. The total number 1 January to 31 July 2009 583 of alleged further offences committed by these prisoners during their period of ECL is 1,363. Within this, 284 The numbers of HDC recalls since its inception in were alleged violent offences, seven alleged sexual offences January 1999 are published in the annual Offender and 36 were alleged to have committed robbery. Management Caseload Statistics and are shown in Table 2. The latest figures on reoffending while on home Table 2: HDC recalls since 1999 detention curfew were released by this Department in Year of recall Numbers recalled my written ministerial statement on 14 September 2009, Official Report, columns 142-44WS. This shows that 1999 700 11,316 offenders were released on HDC during 2007-08. 2000 769 Of these PNC data identified that 60 offences of violence 2001 673 against the person, one sexual offence and seven robberies 2002 1,479 were committed while on HDC. 135W Written Answers12 OCTOBER 2009 Written Answers 136W

Prisoners Release: Terrorism These figures have been drawn from administrative IT systems, which, as with any large scale recording system, are subject to possible errors with data entry Mr. Hayes: To ask the Secretary of State for Justice and processing. (1) how many people convicted of terrorist offences and sentenced to more than 12 months’ imprisonment Mr. Garnier: To ask the Secretary of State for Justice have been released early from prison since 2001; how many offenders convicted of terrorism offences [290110] are housed in approved premises in England and Wales. (2) how many people convicted of terrorism offences [290334] in the UK since 2001 have been released early from Mr. Straw: The National Offender Management Service prison; [290111] does not hold centrally details on offenders by offence (3) how many members of the prison population type currently being housed in approved premises. have been convicted of terrorism offences in each year Where merited by the circumstances of the case, since 2001; [290112] offenders can be required upon release to reside in (4) how many people convicted of terrorism offences approved premises, to allow for a period of enhanced in the UK have been released to bail hostels supervision, contributing to protecting the public and accommodation since 2001. [290113] assisting in their managed reintegration into society. As of 31 July 2009, 14 offenders convicted of terrorism or terrorist-related offences have been released initially to Mr. Straw: Eligible prisoners may be released earlier approved premises, although of these, some will subsequently than the halfway point of their sentence under the have been moved on to other risk-assessed accommodation. Home Detention Curfew (HDC) or End of Custody Prisoners: Compensation Licence (ECL) schemes. Foreign national prisoners who are to be deported may also be liable for early removal Mr. Spring: To ask the Secretary of State for Justice under the Early Removal Scheme (ERS). how much compensation was paid to prisoners at each Prisoners serving sentences for any offence under prison in each of the last five years; and what the terrorism legislation have been presumed unsuitable for reason was in each case. [288630] release on HDC since 4 April 2008 and excluded from Claire Ward: The information requested for the last release on ECL since 28 March 2008. It has also been available four financial years is detailed in several decided that, with effect from 16 October 2008, early spreadsheets which will be placed in the Library of the removal under ERS should not be granted to prisoners House. The figures relate to compensation paid in respect convicted under terrorism legislation offences. of civil litigation claims only. Prior to those decisions being taken, three prisoners Prisoners: Epilepsy convicted of terrorism offences were released on the HDC scheme: two in 2003 and one in 2007. All were Mrs. Moon: To ask the Secretary of State for Justice serving sentences of 12 months or more. (1) what information is given to people with epilepsy on Two prisoners were released on ECL during 2008 the care they will receive on their entry to (a) a prison whilst serving sentences for terrorism offences: one in and (b) a young offender institution; [289951] January 2008 and one in February 2008. One of those (2) how many people diagnosed with epilepsy died in prisoners was serving a sentence of 12 months or more. (a) prisons and (b) young offender institutions in each of the last five years; [289990] No prisoners serving sentences for terrorism offences have been removed early under the ERS scheme. (3) on how many occasions emergency medical care has been requested to treat people with epilepsy suffering Information regarding the number of individuals a seizure in (a) prisons and (b) young offender institutions convicted of terrorism or terrorism related offences can in each of the last five years; [289991] be found in the Home Office Statistical Bulletin on (4) how many people diagnosed with epilepsy were Terrorism Arrests and Outcomes which was published allocated to a single cell in (a) prisons and (b) young for the first time on 13 May 2009 and is available on the offender institutions in each of the last five years; Home Office website. This bulletin is intended to be the [289992] first in a regular series of publications which will help improve the quality of data publicly available on terrorism (5) how many people diagnosed with epilepsy entered arrests and their outcomes. status epilepticus while held in (a) prisons and (b) young offender institutions in each of the last five years. Data about offenders released into approved premises [289993] (formerly known as bail/probation hostels) has been collected centrally only since April 2004, from information Maria Eagle: Offenders are now all screened on arrival supplied by individual approved premises. The data in prison by a trained nurse or trained officer to find out collected does not include offence details and no other what their health needs are and get them the right centrally held information includes details of the numbers treatment. of terrorist offenders released to approved premises The Department of Health and the Prison Reform dating back to 2001. Tracking this information down Trust have recently published two new information books would have to be done on a case by case basis and as for prisoners with a disability. The first book is a short, such would prove disproportionately expensive. However, easy-read version for prisoners with learning disabilities, since September 2008 information on the release details the second book contains more in depth detail for of individuals convicted of terrorism or terrorism related prisoners on their health, daily life, and how to get help offences has been held centrally and 11 terrorist offenders in prison and on release this includes information on have been released to approved premises since then. epilepsy. 137W Written Answers12 OCTOBER 2009 Written Answers 138W

Epilepsy action has produced information giving clear, Maria Eagle: Control and restraint (C&R) is a system straightforward information about epilepsy, relevant of techniques used within both prisons and young offender for staff supervising prisoners with epilepsy and for institutions in order to bring a violent or non-compliant prisoners. This is available online at: prisoner under control. C&R is only applied in circumstances www.epilepsy.org.uk where it is necessary to do so and any force used is The online printable information includes: applied for as short a time as possible and only in Epilepsy facts and important things to know about anti-epileptic proportion to the violence shown by the prisoner. Staff drugs are instructed to avoid use of force wherever possible Cell and bunk allocation and instead to use persuasion or negotiation to end such Safety incidents, however, this is not always possible. Risk of dying from epilepsy and sudden unexpected death in All staff in prisons and young offender institutions epilepsy who employ C&R techniques are trained in their use Employment and safety at work and undergo annual refresher training. This training Types of seizures (fits) and non-epileptic attack disorder includes recognition of the signs and symptoms that Myths and misunderstandings—information for prison staff may indicate that a prisoner is in medical distress. Guidance on medical warning signs is also included in The Department of Health will shortly be writing to prison service order (PSO) 1600—Use of Force1. all prison and young offender institution heads of health care about the NICE guidelines on epilepsy and the A member of health care must, wherever reasonably Epilepsy Action information booklets. practicable, attend every incident where staff are deployed There is no information held centrally on the number to restrain violent or disturbed prisoners. Health care of offenders diagnosed with epilepsy who died in prisons staff are authorised to terminate any use of force in the and young offender institutions, on how many occasions event of a medical emergency. emergency medical care has been requested to treat 1 Available at: people with epilepsy having a seizure in prisons and http://pso.hmprisonservice.gov.uk/pso1600/default.htm young offender institutions, how many people diagnosed Prisoners: Females with epilepsy were allocated to a single cell in prisons and young offender institutions and how many people diagnosed with epilepsy entered status epilepticus while Sandra Gidley: To ask the Secretary of State for held in prisons and young offender institutions in each Justice how many women in each age group were received of the last five years. into prison under sentence in each of the last 10 years. [291726] Mrs. Moon: To ask the Secretary of State for Justice what guidance his Department provides to staff in (a) Claire Ward: The table shows the numbers of female prisons and (b) young offender institutions on the effect prisoners that were received under sentence in all prison of restraint techniques on people affected by seizures. establishments in England and Wales in each year since [289952] 1998, by age band.

Number of persons 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

All ages 5,849 6,816 7,006 7,231 7,720 7,993 8,264 8,024 7,698 8,056 8,862 15-17 302 354 304 305 346 189 186 204 164 191 176 18-20 769 879 932 965 986 916 840 874 849 888 965 21-24 1,113 1,368 1,450 1,520 1,667 1,781 1,674 1,502 1,375 1,326 1,444 25-29 1,311 1,516 1,477 1,606 1,694 1,786 1,825 1,695 1,596 1,720 1,907 30-39 1,618 1,909 2,041 2,042 2,157 2,352 2,519 2,422 2,403 2,485 2,683 40-49 582 584 602 605 725 773 986 1,072 1,043 1,135 1,319 50-59 135 184 166 162 122 173 200 214 216 258 313 60 and over 19 22 34 26 23 23 34 41 52 53 55 Note: Excludes police cells

This information is taken from table 6.6 in the recently Prisoners: Foreigners published Offender Management Caseload Statistics 2008, a copy of which has been placed in the House of David T.C. Davies: To ask the Secretary of State for Commons Library, and which can also be found at the Justice how many (a) Romanian and (b) Bulgarian following website: nationals are serving sentences in UK prisons. [291831] http://www.justice.gov.uk/publications/ prisonandprobation.htm Claire Ward: At the end of June 2009, the latest date for which figures are available, there were 180 Romanian These figures have been drawn from administrative and 36 Bulgarian nationals serving sentences in all IT systems which, as with any large scale recording prison establishments in England and Wales. Statistics system, are subject to possible errors with data entry relating to the numbers held in Scottish and Northern and processing. Irish prisons are the responsibility of the Scottish Government and the Northern Irish Prison Service respectively. 139W Written Answers12 OCTOBER 2009 Written Answers 140W

These figures have been drawn from administrative Number transferred IT systems which, as with any large scale recording system, are subject to possible errors with data entry 2004 33 and processing. 2005 47 2006 55 Prisoners: Learning Disability 2007 49 2008 49 Norman Lamb: To ask the Secretary of State for Justice how many prisoners diagnosed with a learning Prisoners: Mentally Ill disability have been transferred from prison to secure units in each strategic health authority region in each Anne Milton: To ask the Secretary of State for Justice of the last five years. [290242] how many prisoners with mental illnesses have been transferred from prison to hospital (a) six months, (b) Claire Ward: Information is not available in the form one month and (c) a week before their release date in requested. However, information is available on the each of the last five years; and if he will make a number of prisoners with a diagnosis of ‘mental statement. [290013] impairment’ or ‘severe mental impairment’ within the terms of the Mental Health Act 1983 who have been Claire Ward: The information requested is shown in transferred from prison to a secure hospital unit in the table. The number of transferred prisoners includes England and Wales in the last five years. Individuals in both restricted and unrestricted patients, and includes these categories will almost invariably have a learning prisoners suffering from all the categories of mental disability. The figures are shown in the following table. disorder defined in the Mental Health Act 1983 before A breakdown by strategic health authority is not available. its amendment with effect from 3 November 2008.

(a) Six months (b) One month (c) One week Period unknown Total number of transfers to hospital involving sentenced prisoners Number Percentage Number Percentage Number Percentage Number Percentage

2004 405 155 38.3 102 25.2 72 17.8 15 3.7 2005 414 181 43.7 119 28.7 82 19.8 7 1.7 2006 488 208 42.6 121 24.8 77 15.8 14 2.9 2007 455 202 44.4 116 25.5 82 18.0 1 0.2 2008 508 206 40.6 119 23.4 79 15.6 2 0.4

Many of the prisoners who were transferred within for analysis. NOMS is putting in place new procedures one month or one week of their release date were to ensure that we have a more comprehensive picture in serving short sentences of less than six months. The future. While the numbers of phones found indicates Secretary of State will only authorise a transfer very the scale of the challenge in tackling illicit mobile close to the end of sentence where he is satisfied on the phones, it is also a reflection of prisons’ increasing basis of medical advice that it is justified by the prisoner’s success in finding them and better reporting. medical condition. NOMS is implementing a strategy to minimise the number of phones entering prisons, and to find or Prisoners: Mobile Phones disrupt those that do enter. As part of the strategy, prisons have been provided with technologies to strengthen Mr. Gordon Prentice: To ask the Secretary of State local security and searching strategies, in line with the for Justice how many mobile telephones were found in recommendations in the Blakey report, “Disrupting the the possession of prisoners in (a) top security and (b) Supply of Illicit Drugs into Prisons”, published in July all other prisons in the last 12 months for which figures 2008. This includes the roll out of “BOSS” chairs to all are available. [287998] prisons, and the deployment of other detection and disruption technologies, including mobile phone signal Maria Eagle: Prisons in England and Wales are asked blockers. to send mobile phones and SIM cards they find to a We have also strengthened the law, through the Offender central unit for analysis. In the last 12 months (from Management Act 2007 (implemented in April 2008), July 2008-June 2009), 8,648 mobile phones and SIM which makes it a criminal offence with a punishment of cards were analysed. 255 were from the high security up to two years’ imprisonment to bring an unauthorised estate and 8,393 were from the non-high security estate. mobile phone or component part into a prison. These figures include items discovered within prison perimeters and on entry to establishments. We do not Prisons: Construction keep central records of mobile phones found in the possession of prisoners. Mr. Garnier: To ask the Secretary of State for Justice We believe that these figures may understate the (1) what the estimated (a) total capital construction actual number of finds, because they do not include cost excluding operation and maintenance and (b) capital items retained by the police for evidential purposes, and construction cost per prison place per year of lifespan because in some instances prisons have not sent items excluding operation and maintenance is of each of the 141W Written Answers12 OCTOBER 2009 Written Answers 142W two planned 1,500 place prisons announced by his Department Prisons: Drugs on 27 April 2009, should the prisons be delivered under similar contractual arrangements to current PFI prisons; Mr. Garnier: To ask the Secretary of State for Justice [292392] what the cost to his Department was of (a) all mandatory drug testing in prisons in England and Wales in 2008-09 (2) how many new prison places have been brought and (b) one mandatory drug test of an individual on stream in each of the last 24 months for which figures prisoner on the latest date for which figures are available. are available; and what the estimated capital construction [290290] cost was per prison place per year of lifespan, excluding Maria Eagle: Many staff responsible for the mandatory operation, maintenance and other costs. [292395] drug testing (MDT) process do not work exclusively on the testing of prisoners. The cost of MDT staff resources cannot be disaggregated from the overall prison running Mr. Straw: The framework approach used by the costs. Prison Service for the new 1,500 place prisons is designed The cost to the National Offender Management Service to introduce real competition into the procurement of MDT analytical services is classified as commercial process for each prison, and the construction and operating in confidence. costs are a key part of our commercial strategy to Mr. Garnier: To ask the Secretary of State for Justice ensure value for money. It is therefore not possible to what estimate he has made of the street value of all reveal the estimated costs at this stage of the procurement. drugs used illegally in each (a) adult prison and (b) The Core Capacity Programme aims to deliver young offender institution in England and Wales in approximately 12,500 places by 2012. The following each of the last 10 years for which figures are available. table shows the number of places delivered in each [292394] month since October 2007 as part of this programme: Maria Eagle: Information on the street value of drugs used illegally in prisons is not routinely available. Covert Number of places1 activity such as drug taking, by its nature, is very difficult to quantify. A report published in 2001 by the October 2007 0 Home Office titled ‘Sizing the UK market for illicit November 2007 366 drugs’ focused on a few specific drugs and estimated the December 2007 60 value of the drugs trade in prisons as worth up to January 2008 60 £24 million. Since that report, the level of drug misuse evidenced by the random drug testing positive rate has February 2008 100 fallen by 36 per cent. March 2008 642 Prisons: Energy April 2008 240 Mr. David Anderson: To ask the Secretary of State May 2008 395 for Justice what energy efficiency standards his June 2008 240 Department has stipulated for circulator pumps installed in (a) existing and (b) new prisons. [291790] July 2008 0

August 2008 102 Maria Eagle: The National Offender Management Service (NOMS) does not stipulate energy efficiency September 2008 449 standards for circulator pumps. However, in existing October 2008 132 Prison Service buildings, it is recommended that variable November 2008 269 speed pump motors are fitted where it is practical to do so and where savings can be made within a suitable December 2008 106 payback period. January 2009 190 NOMS standard for new build and refurbishment February 2009 92 projects is that; Accommodation will deliver optimum energy efficient solutions March 2009 82 to achieve a low energy building that is significantly lower than April 2009 29 typical development. May 2009 212 New builds must meet current Buildings Regulations Part L (2000) which include energy conservation requirements. June 2009 29 Prisons: Manpower July 2009 34 Bob Spink: To ask the Secretary of State for Justice August 2009 41 how many (a) directors, (b) senior managers and (c) September 2009 400 executive support and administration staff there were October 2009 0 in each prison in each of the last five years. [287871]

1 Includes places delivered through new build accommodation, conversion of Maria Eagle: Information on the number of (a) existing buildings and more effective use of the estate. directors, (b) senior managers and (c) executive support and administration staff in each prison over the last five The average construction cost for the Core Capacity years is shown in the following tables. The data provided Programme (not all new build), including costs of providing covers the public sector and the contracted estate. Grading ancillary facilities, and excluding running costs, is systems vary between the public and private sectors, approximately £170,000 per place across the lifetime of and between individual contractors. Self reporting has the accommodation. been used in this response. 143W Written Answers12 OCTOBER 2009 Written Answers 144W

Staff in post for selected grades by establishment 2004-05 to 2008-09 2004-05 2005-06 2006-07 Admin and Director/ Admin and Director/ Admin and Director/ Executive Senior Senior Civil Executive Senior Senior Civil Executive Senior Senior Civil Name Support Managers Servant Support Managers Servant Support Managers Servant

Acklington 49 2 — 48 2 — 47 2 — Albany372—442—451— Altcourse (Private 45 7 1 47 7 1 51 7 1 Prison) Ashfield (Private Data not supplied Prison) Ashwell 46 1 — 47 2 — 48 1 — Askham Grange 18 1 — 20 1 — 19 1 — Aylesbury382—392—382— Bedford 41 1 — 41 1 — 42 2 — Belmarsh 63 2 — 61 2 — 72 2 — Birmingham 71 4 — 73 4 — 72 4 — Blantyre House 9 1 — 8 1 — 11 1 — Blundeston 35 1 — 35 1 — 32 1 — Brinsford492—512—442— 44 3 — 44 3 — 39 3 — Brixton504—454—384— Bronzefield (Private ————————— Prison)1 Buckley Hall 33 1 — 32 2 — 31 2 — Bullingdon 68 5 — 70 3 — 75 3 — Bullwood Hall 30 2 — 27 1 — 20 1 — Camp Hill 39 1 — 37 2 — 40 2 — Canterbury 20 1 — 18 1 — 17 1 — Cardiff 51 3 — 46 3 — 41 2 — Castington 41 3 — 43 3 — 44 4 — Channings Wood 43 2 — 46 2 — 39 4 — Chelmsford 49 1 — 46 1 — 54 1 — Coldingley 24 2 — 22 2 — 23 2 — Coltishall Operational in 2009 Cookham Wood 18 1 — 22 1 — 21 1 — Dartmoor 47 1 — 45 1 — 43 1 — Deerbolt 40 2 — 48 2 — 46 2 — (Private Data not supplied Prison) Dorchester 25 2 — 27 2 — 26 1 — Doncaster (Private Data not supplied Prison) Dover 161—171—162— Downview 36 — 1 36 1 — 33 1 1 Drake Hall 27 1 — 31 1 — 27 1 — Durham 66 1 — 63 2 — 61 1 — East Sutton Park 11 3 — 7 1 — 8 1 — Eastwood Park 34 1 — 34 1 — 40 1 — Edmunds Hill 21 1 — 30 1 — 31 1 — Elmley 56 2 — 55 2 — 21 1 — Erlestoke 41 — 41 1 — 32 1 — Everthorpe 42 1 — 39 1 — 46 1 — Exeter 46 2 — 50 1 — 42 1 — Featherstone 47 1 — 44 1 — 43 — Feltham787—817—794— Ford 372—301—301— Forest Bank (Private ————————— Prison)1 FostonHall281—301—311— Frankland 67 6 — 67 5 — 68 6 — FullSutton424—393—412— Garth 524—483—473— Gartree 29 4 — 45 4 — 52 4 — GlenParva662—641—592— Gloucester 35 1 — 34 1 — 34 1 — Grendon 46 10 — 45 9 — 43 10 — Guys Marsh 38 2 — 38 1 — 37 1 — 145W Written Answers12 OCTOBER 2009 Written Answers 146W

Staff in post for selected grades by establishment 2004-05 to 2008-09 2004-05 2005-06 2006-07 Admin and Director/ Admin and Director/ Admin and Director/ Executive Senior Senior Civil Executive Senior Senior Civil Executive Senior Senior Civil Name Support Managers Servant Support Managers Servant Support Managers Servant

Haslar111—91—101— Haverigg 45 1 — 45 2 — 45 3 — Hewell 105 5 — 105 5 — 110 5 — High Down 54 2 1 50 1 2 52 1 1 Highpoint 53 3 — 56 4 — 56 2 — Hindley 57 5 — 54 4 — 53 4 — Hollesley Bay 15 1 — 20 1 — 22 1 — Holloway404—466—474— Holme House 64 2 — 61 2 — 61 3 — Hull 683—602—652— Huntercombe 29 2 — 31 2 — 26 3 — Isle of Wight Operational in 2009 Cluster Kennet —————— 4—— Kingston191—201—18—— Kirkham 48 1 — 49 1 — 38 2 — Kirklevington 231—241—221— Grange Lancaster 31 1 — 29 1 — 28 1 — Lancaster Farms 60 3 — 58 3 — 52 2 — Latchmere House 11 1 — 11 1 — 12 1 — Leeds 75 2 — 67 3 — 72 4 — Leicester331—382—371— Lewes 451—451—391— Leyhill 48 3 — 48 2 — 46 2 — Lincoln 45 1 — 54 2 — 53 1 — Lindholme 62 2 — 66 2 — 78 2 — Littlehey 43 1 — 39 1 — 34 1 — Liverpool 58 6 — 59 4 — 59 4 — Long Lartin 51 4 — 43 4 — 55 6 — Lowdham Grange Data not supplied (Private Prison) LowNewton322—352—352— Maidstone 33 1 — 35 1 — 28 1 — Manchester 60 5 — 64 4 — 67 5 — Moorland 70 2 — 70 3 — 59 3 — MortonHall282—271—281— NewHall482—472—522— North Sea Camp 25 — — 32 1 — 32 1 — Northallerton 26 1 — 24 1 — 31 1 — Norwich 56 2 — 57 3 — 56 3 — Nottingham 46 2 — 54 1 — 49 1 — Onley 55 2 — 59 2 — 65 2 — Parkhurst 43 3 — 52 3 — 39 2 — Pentonville 65 4 — 61 4 — 57 3 — Peterborough ————————— (Private Prison)1 Portland453—443—452— Preston622—632—652— Ranby 564—643—603— Reading 22 1 — 27 1 — 30 1 — Risley 57 3 — 51 3 — 48 3 — Rochester 30 2 — 30 2 — 29 2 — Rye Hill (Private 41 6 1 46 8 1 44 8 1 Prison) Send 19 2 — 23 2 — 20 3 — Shepton Mallet 25 — 21 1 — 23 1 — Shrewsbury 33 1 — 29 1 — 28 1 — Stafford 44 2 — 48 2 — 42 2 — Standford Hill 43 1 — 43 4 — 10 1 — Stocken 50 1 — 50 1 — 52 1 — Stoke Heath 47 4 — 55 2 — 55 3 — Styal 463—443—392— 147W Written Answers12 OCTOBER 2009 Written Answers 148W

Staff in post for selected grades by establishment 2004-05 to 2008-09 2004-05 2005-06 2006-07 Admin and Director/ Admin and Director/ Admin and Director/ Executive Senior Senior Civil Executive Senior Senior Civil Executive Senior Senior Civil Name Support Managers Servant Support Managers Servant Support Managers Servant

Sudbury 42 1 — 43 1 — 40 2 — Swaleside593—562—251— Swansea 37 1 — 40 1 — 42 1 — Swinfen Hall 40 2 — 47 2 — 38 2 — The Mount 50 4 — 47 2 — 46 3 — The Verne 36 1 — 41 1 — 36 1 — Thorn Cross 36 3 — 36 3 — 38 2 — Usk/Prescoed 33 2 — 35 1 — 31 1 — Wakefield504—484—564— Wandsworth 65 5 — 60 3 — 67 5 — Warren Hill 39 1 — 45 1 — 43 1 — Wayland 41 1 — 41 1 — 38 1 — Wealstun 60 2 — 52 2 — 56 2 — Weare 341— 1————— Wellingborough 42 1 — 56 1 — 53 1 — Werrington 26 2 — 28 2 — 28 2 — Wetherby312—332—323— Whatton352—493—573— Whitemoor 68 4 — 66 4 — 75 5 — Winchester 55 1 — 54 3 — 52 2 — Wolds (Private 751851851 Prison) Woodhill 49 5 — 53 5 — 62 5 — Wormwood Scrubs 59 3 — 66 2 — 65 5 — Wymott 59 3 — 60 2 — 57 3 —

2007-08 2008-09 Admin and Director/Senior Admin and Director/Senior Name Executive Support Senior Managers Civil Servant Executive Support Senior Managers Civil Servant

Acklington 47 1 — 54 2 — Albany 46 2 — 22 1 — Altcourse (Private 51815681 Prison) Ashfield (Private Data not supplied Prison) Ashwell 39 1 — 50 1 — Askham Grange 18 2 — 17 2 — Aylesbury 36 2 — 35 2 — Bedford 37 2 — 40 1 — Belmarsh 72 3 — 72 4 — Birmingham 72 3 — 72 4 — Blantyre House 10 1 — 9 1 — Blundeston 29 2 — 33 2 — Brinsford 45 2 — 43 2 — Bristol 35 3 — 37 3 — Brixton 37 5 — 39 6 — Bronzefield (Private ———419 1 Prison)1 Buckley Hall 29 1 — 29 2 — Bullingdon 68 3 — 67 4 — Bullwood Hall 20 2 — 23 2 — Camp Hill 32 1 — 23 1 — Canterbury 18 1 — 19 1 — Cardiff 40 2 — 45 2 — Castington 33 3 — 34 3 — Channings Wood 47 4 — 47 3 — Chelmsford 51 2 — 45 1 — Coldingley 23 2 — 28 2 — Coltishall Operational in 2009 4 1 — Cookham Wood 23 1 — 30 1 — Dartmoor 46 1 — 45 3 — Deerbolt 47 1 — 46 1 — 149W Written Answers12 OCTOBER 2009 Written Answers 150W

2007-08 2008-09 Admin and Director/Senior Admin and Director/Senior Name Executive Support Senior Managers Civil Servant Executive Support Senior Managers Civil Servant

Doncaster (Private Data not supplied Prison) Dorchester 28 2 — 26 3 — Doncaster (Private Data not supplied Prison) Dover131—151— Downview 25 1 — 27 1 — Drake Hall 26 1 — 29 1 — Durham 71 3 — 73 2 — East Sutton Park 9 1 — 12 1 — Eastwood Park 39 1 — 41 1 — Edmunds Hill 26 1 — 28 1 — Elmley —181— Erlestoke 33 1 — 32 1 — Everthorpe 46 2 — 47 1 — Exeter 38 2 — 38 1 — Featherstone 45 1 — 45 1 — Feltham 64 3 — 68 6 — Ford251—321— Forest Bank (Private ———517 1 Prison)1 Foston Hall 34 2 — 34 2 — Frankland 73 8 — 69 9 — Full Sutton 40 4 — 46 4 — Garth 43 3 — 44 3 — Gartree 50 4 — 57 4 — Glen Parva 50 1 — 48 2 — Gloucester 33 1 — 32 1 — Grendon 52 11 — 50 10 — Guys Marsh 40 1 — 31 1 — Haslar 9 1 — 8 1 — Haverigg 44 2 — 43 4 — Hewell 98 5 — 88 4 — High Down 60 2 1 58 2 1 Highpoint 53 3 — 60 1 — Hindley 41 3 — 43 3 — Hollesley Bay 25 1 — 26 1 — Holloway 49 3 — 47 3 — Holme House 60 3 — 61 4 — Hull 60 3 — 58 4 — Huntercombe 27 2 — 28 2 — Isle of Wight Cluster Operational in 2009 29 1 — Kennet 33 2 — 37 1 — Kingston 19 1 — 18 1 — Kirkham 44 1 — 46 1 — Kirklevington 191—241— Grange Lancaster 31 1 — 30 1 — Lancaster Farms 49 3 — 47 3 — Latchmere House 15 — 13 — Leeds 64 3 — 66 1 — Leicester 29 1 — 31 1 — Lewes362—471— Leyhill 45 3 — 38 3 — Lincoln 46 1 — 45 2 — Lindholme 76 2 — 74 4 — Littlehey 33 1 — 39 3 — Liverpool 54 4 — 52 4 — Long Lartin 49 4 — 51 5 — Lowdham Grange Data not supplied (Private Prison) LowNewton332—322— Maidstone 31 1 — 35 1 — Manchester 63 5 — 67 6 — 151W Written Answers12 OCTOBER 2009 Written Answers 152W

2007-08 2008-09 Admin and Director/Senior Admin and Director/Senior Name Executive Support Senior Managers Civil Servant Executive Support Senior Managers Civil Servant

Moorland 61 3 — 61 3 — Morton Hall 24 1 — 25 1 — New Hall 46 3 — 52 2 — North Sea Camp 34 1 — 32 1 — Northallerton 27 1 — 30 1 — Norwich 51 1 — 48 2 — Nottingham 48 1 — 47 2 — Onley 48 2 — 56 2 — Parkhurst 48 3 31 2 Pentonville 58 2 52 4 Peterborough (Private ———478 1 Prison)1 Portland 43 2 — 44 2 — Preston 58 3 — 62 2 — Ranby 61 3 — 63 3 — Reading 25 1 — 24 1 — Risley 52 5 — 54 4 — Rochester 29 2 — 53 2 — Rye Hill (Private 61815791 Prison) Send 21 2 1 25 2 — Shepton Mallet 22 1 — 25 1 — Shrewsbury 29 1 — 29 1 — Stafford 49 2 — 54 3 — Standford Hill 1 — 8 1 — Stocken 55 1 — 56 1 — Stoke Heath 51 3 — 50 3 — Styal363—413— Sudbury 40 2 — 38 2 — Swaleside———271— Swansea 33 1 — 30 1 — Swinfen Hall 41 2 — 38 2 — The Mount 49 2 — 51 3 — The Verne 39 1 — 39 1 — Thorn Cross 32 2 — 33 2 — Usk/Prescoed 29 2 — 26 2 — Wakefield 56 3 — 60 4 — Wandsworth 59 4 — 73 5 — Warren Hill 34 1 — 29 1 — Wayland 36 1 — 46 1 — Wealstun 60 2 — 52 2 — Weare—————— Wellingborough 47 1 — 50 1 — Werrington 24 2 — 24 2 — Wetherby 36 2 — 34 3 — Whatton 64 3 — 68 4 — Whitemoor 68 6 — 76 6 — Winchester 47 2 — 44 3 — Wolds (Private 751851 Prison) Woodhill 63 5 — 69 4 — Wormwood Scrubs 52 5 — 54 5 — Wymott 63 4 — 61 3 — 1 Figures prior to 2009 not available. Notes: 1. Headcount (part-timers count as one). 2. There are typically no senior civil servants based within public sector establishments. Governing governors, who have the chief responsibility for the establishment, are allocated in senior management grades (A-D). However, for some private prisons there is a specific director role and therefore the figures reflect this job title. PQ Grade NOMS Grade Directors Senior Civil Servants Senior Managers Senior Managers (A-D) Executive Support and Administration Staff AA, AO, EO, Typists and Personal Secretaries Source: Oracle HRMS and Personnel Management System 153W Written Answers12 OCTOBER 2009 Written Answers 154W

Mr. Garnier: To ask the Secretary of State for Justice Probation Officers how many prison officers have been charged with aiding and abetting, counselling or procuring Mr. Garnier: To ask the Secretary of State for Justice misconduct in a public office in each of the last 24 how many probation officers in each probation service months for which figures are available. [290774] area have been qualified for more than three years. [290288] Maria Eagle: The requested information is not collated and held centrally in any format that would enable the Maria Eagle: It is not possible to say how long each National Offender Management Service (NOMS) to probation officer has been qualified as this information answer the specific questions that have been asked. is not collected centrally and to do so would incur Staff in NOMS are expected to meet high standards disproportionate cost. of professional and personal conduct. They have, therefore, a responsibility to notify their Governor or Head of Mr. Garnier: To ask the Secretary of State for Justice Group if they are charged with any criminal offence. what estimate he has made of the average offender Information on the numbers of prison officers charged caseload a probation officer supervises; and what is the with offences covered by misconduct in public office maximum number of offenders an officer may could only be obtained by contacting all NOMS supervise. [290335] establishments and asking them to provide any information they hold locally in this respect. This would incur Maria Eagle: Figures for 31 December 2008 show disproportionate cost. We are, however, taking steps to that the average caseload per Probation Officer across record more detailed information in this area. the 42 probation areas in England and Wales ranged from 18 to 54 cases. There is no specified maximum Prisons: Security number of offenders that an officer may supervise.

Chris Huhne: To ask the Secretary of State for Justice Ms Keeble: To ask the Secretary of State for Justice how many people were detected attempting to break what recent estimate he has made of the number of into a prison in 2008-09. [291254] probation officers there are per head of population in each probation service area. [291653] Maria Eagle: The following table shows the number of incidents recorded on the Prison Service Incident Maria Eagle: The information requested is not collated Reporting System where people attempted to gain access centrally and could be provided only by contacting each to a prison without authority during that period. The probation area at a disproportionate cost. majority of these incidents involved members of the public trespassing on the grounds of open prisons where, Ms Keeble: To ask the Secretary of State for Justice by the very nature of the establishments, access is more what the ratio of probation officers to offenders was in difficult to control. There have been no recorded incidents each probation service area on the latest date for which of people gaining access to the interior of a closed figures are available. [291654] prison within this period. Breakdown of incidents involving people attempting to gain access to a Maria Eagle: The following table shows the ratio of prison without authority offenders to probation officers1 in each probation area Prison type Individuals involved Total incidents on 30 September 2008; the last date for which corresponding staffing and offender information is currently available. Closed 5 3 1 Includes; Senior Probation Officers, Senior Practitioners, Probation Open 8 5 Officers, Trainee Probation Officers, Practice Development Assessors, Notes: Probation Service Officers and Treatment Managers. 1. Three individuals were found leaving a prison staff locker room area located outside the main prison. Police were called but the three individuals had left the area. Probation area/trust Ratio 2. Individual discovered on camera trying to climb the fence. Police Avon and Somerset 14.7:1 were called but the individual had left the area. 3. Individual tried unsuccessfully to gain unauthorised entry into the Bedfordshire 17.6:1 main gate of an establishment. Cambridgeshire 18.0:1 These figures have been drawn from administrative Cheshire 15.5:1 data systems. Although care is taken when processing Cumbria 19.6:1 and analysing the returns, the detail collected is subject Derbyshire 14.5:1 to the inaccuracies inherent in any large scale recording Devon and Cornwall 21.4:1 system. Dorset 13.4:1 County Durham 13.4:1 Probation Essex 19.8:1 Gloucestershire 20.4:1 Mr. Garnier: To ask the Secretary of State for Justice Greater Manchester 20.4:1 what estimate he has made of the proportion of Hampshire 16.5:1 probation officer time spent on front line work with Hertfordshire 18.5:1 offenders in each year since 1997. [290289] Humberside 14.2:1 Kent 19.4:1 Maria Eagle: This information is not held centrally Lancashire 20.4:1 by the National Offender Management Service, nor is it Leicestershire and Rutland 10.5:1 held at probation area or trust level. 155W Written Answers12 OCTOBER 2009 Written Answers 156W

Maria Eagle: In the financial year 2008-09, £41.772 Probation area/trust Ratio million was allocated to trainee probation officer (TPO) Lincolnshire 13.1:1 training. London 22.0:1 Merseyside 19.0:1 Probation: Essex Norfolk 10.6:1 Northumbria 15.1:1 Bob Spink: To ask the Secretary of State for Justice Northamptonshire 17.1:1 what the ratio of (a) male to female offenders and (b) Nottinghamshire 17.8:1 male to female probation staff in each age range in the Staffordshire 16.7:1 Essex probation area was in the latest period for which Suffolk 12.3:1 figures are available. [287500] Surrey 11.0:1 Sussex 19.0:1 Maria Eagle: The information in the following tables shows the ratio of male to female offenders in each age Teesside 16.2:1 range and the total male to female staff in each age Thames Valley 14.1:1 range in the Essex probation area. There is a higher Warwickshire 17.0:1 proportion of male to female offenders and a higher West Mercia 15.1:1 proportion of female to male staff. This has been fairly West Midlands 20.8:1 consistent in recent years. Wiltshire 15.0:1 Table 1: Male to female ratio of offenders in the Essex probation area North Yorkshire 13.6:1 in each age range South Yorkshire 15.0:1 Ratio of offenders by gender, for West Yorkshire 16.6:1 each age range Male : Female Dyfed Powys 13.1:1 Gwent 16.8:1 Under 20 7.7 : 1 North Wales 20.8:1 20 to 29 6.9: 1 South Wales 17.0:1 30 to 39 5.8: 1 40 to 49 5.5: 1 The ratio nationally of offenders to probation officers 50 to 59 7.0: 1 is 17.5:1. 60 to 69 18.7: 1 70 and over 27.0 : 1 Probation Officers: Manpower Table 2: The total male to female staff in each age range in the Essex probation area Paul Rowen: To ask the Secretary of State for Justice Ratio of overall staff by gender, for how many (a) trainee and (b) qualified probation age range Male : Female officers have been employed by the Probation Service in each year since 1997. [290144] Under 20 1 : 1 20 to 29 1 : 5 Maria Eagle: The following table shows the numbers 30 to 39 1 : 3.4 of trainee probation officers and qualified probation 40 to 49 1 : 1.7 officers on 31 December in each year since 19971. 50 to 59 1 : 1.9 60 to 69 1 : 1 Trainee probation Qualified probation 70 and over 1 : 1 officers officers1

1997 — 6,155 Probation: Greater London 1998 229 6,012 1999 523 6,027 Mr. Garnier: To ask the Secretary of State for Justice 2000 564 6,029 how many probation officers in each London borough 2001 1,096 6,038 have been qualified for more than three years. [290331] 2002 1,566 5,966 2003 1,908 6,103 Maria Eagle: Probation officers employed by London 2004 1,774 6,586 Probation in London boroughs with three years plus 2005 1,387 6,894 experience is shown in the following table. 2006 1,134 7,210 2007 1,138 7,120 Percentage Total Total three three years 1 Figures include senior practitioners, senior probation officers, probation probation years plus plus officers and Borough officers experience experience practice development assessors. Note: Barking, 27 17 63 Figures are shown as full time equivalents. Dagenham, Figures for the year 2008-09 are not yet available. Havering Barnet, Enfield 36 31 86 Probation Officers: Training Brent241875 Camden, Islington 42 29 69 Mr. Garnier: To ask the Secretary of State for Justice Ealing 22 12 55 how much was spent from the public purse on training Hackney 24 18 75 probation officers in 2008-09. [290337] Haringey 25 15 60 157W Written Answers12 OCTOBER 2009 Written Answers 158W

Percentage Number Total Total three three years 31 March probation years plus plus Hertfordshire 2005 2006 2007 2008 2009 Borough officers experience experience Probation 59 62 52 61 60 Harrow, Hillingdon 31 23 74 officers Newham 34 25 74 Probation 54 72 81 86 86 Redbridge, 33 25 76 service officers1 Waltham Forest 1 Community Service Officers are included within the PSO figures, Tower Hamlets 25 13 52 these roles were assimilated into the PSO role during 2006-07. Bexley, Bromley 27 20 74 The data provided for probation officers do not include Croydon 32 17 53 trainee probation officers. Greenwich, 53 29 55 Lewisham Mr. Walker: To ask the Secretary of State for Justice Hounslow 23 16 70 what the (a) community and (b) custody caseload of Hammersmith, 22 9 41 the Probation Service for Hertfordshire Probation Area Fulham was on 31 March in each of the last five years. [289349] Kensington, 29 21 72 Chelsea, Westminster Maria Eagle: The total community and pre-release Kingston, 17 12 71 custodial offender caseload for Hertfordshire as at 31 Richmond March in each of the last five years was as follows: Lambeth, 38 22 58 Merton, Sutton 22 12 55 2004 2005 2006 2007 2008 Southwark 39 20 51 Supervised in 1,798 1,993 2,366 2,661 2,730 Wandsworth 21 17 81 community1 Note. Supervised in 684 700 719 725 662 In some areas of London; London Probation manage the boroughs custody on a joint basis and staff are expected to see offenders from both 1 Includes those supervised on court orders as well as post-release boroughs. In these areas the data cannot be broken down further. supervision. Note: Probation: Hertfordshire These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing. Mr. Walker: To ask the Secretary of State for Justice what recent assessment he has made of the effect on Mr. Walker: To ask the Secretary of State for Justice national standards and service delivery of proposed how many offenders resident in Hertfordshire reductions in the number of jobs in the Probation Probation Area were categorised as Tier 4 in each of Service in Hertfordshire Probation Area. [289341] the last five financial years. [289353]

Maria Eagle: Hertfordshire probation area has carried Maria Eagle: The total number of offenders in out a detailed assessment and analysis of its services for Hertfordshire probation area who were categorised as 2009-13 to determine how service delivery and compliance Tier 4 (high risk) as at 31 March in each of the last three with national standards can be sustained in a scenario years are shown in the following table: where the economic downturn resulted in a challenging financial settlement for Hertfordshire probation. The Number Four Year Strategic Business Plan 2009-13 addresses 2006 291 the potential impact on work force and service delivery 2007 374 demand and the six strategic priorities outline how the 2008 298 service intends to ensure that services continue to be Notes: delivered and developed. The Four YearStrategic Business 1. Information on tier prior to 1 April 2005 was not recorded. Plan and supporting planning documents form the 2. These figures have been drawn from administrative IT systems cornerstone of Hertfordshire probation board’s trust which, as with any large scale recording system, are subject to possible application. errors with data entry and processing. Both internal and external stakeholders have been Mr. Walker: To ask the Secretary of State for Justice consulted and contributed to the development of the how many (a) probation staff and (b) trainee Four YearStrategic Plan and Organisational Development probation officers he anticipates will be made Plan 2009-13, which has been made available on the redundant in Hertfordshire Probation Area in (i) area website. 2009-10 and (ii) the next two financial years. [289354]

Mr. Walker: To ask the Secretary of State for Justice Maria Eagle: Hertfordshire probation area currently how many (a) probation officers and (b) probation has served no notices of redundancy on probation staff service officers were employed in Hertfordshire for 2009-10. Probation Area on 31 March in each of the last five Five trainee probation officers are anticipated to years. [289348] qualify on 31 October 2009. Hertfordshire probation area is currently assessing potential probation officer Maria Eagle: The information requested is shown in vacancies and is conducting an internal recruitment the following table: process. Any existing probation officer vacancies will be 159W Written Answers12 OCTOBER 2009 Written Answers 160W offered to the qualifying trainee probation officers in Combined NOMS Agency the first instance. Hertfordshire probation area is also Number Measures Target 2009-10 anticipating an ability to offer some fixed term contracts, to enable the area to remain flexible to manage its Prison The percentage of prisoners National <26% held in overcrowded resources. No notice of redundancy has been issued to accommodation is less than the trainee probation officers due to qualify in 2009. 26% across the prison system Agency Staff sickness does not exceed National 10.5 Four trainee probation officers are due to qualify on wide an average of 10.5 days per 31 October 2010. It is too early to provide an indication annum in public sector of potential redundancies in 2010-11 for trainee probation Agency Ethnic minority staff for the National 8.5% officers, the work force planning approach is to avoid wide NOMS. Agency, expressed as a proportion of the workforce redundancy and safeguard the skills the area has invested who have declared their in wherever possible. ethnicity, is at least 8.5% by April 2010 No budget decisions have been made for the 2010-11 financial year, or for subsequent years, and it is therefore not possible to produce accurate staffing projections for Probation: Terrorism this period. In relation to their trust application Hertfordshire probation have consulted with stakeholders Mr. Hayes: To ask the Secretary of State for Justice and a copy of their four year strategic/organisational how many probation officers on average have been development plan can be found on their website. assigned to the cases of each person convicted of terrorism offences in the UK in each year since 2001. [290104] Probation: Prison Service Mr. Straw: The National Offender Management Service Mr. Gerrard: To ask the Secretary of State for Justice does not hold centrally the details on the number of what targets his Department has set for the (a) staff allocated by each probation area to individual probation and (b) e for 2009-10. [290877] cases. However, for offenders convicted of terrorism or terrorist-related offences, the Chief Officer or Chief Maria Eagle: The national targets that have been set Executive of Probation must ensure that the Offender for the National Offender Management Service (NOMS) Manager is suitably experienced and equipped to manage Agency for 2009-10 are shown in the following table. In the case. addition, there are more detailed targets in the service level agreements and contracts of public and private Public Interest Lawyers prison and probation providers against which performance is assessed. Mr. Wallace: To ask the Secretary of State for Justice how much has been paid in legal aid fees to (a) the Combined NOMS Agency Number Measures Target 2009-10 solicitor Phil Shiner and (b) Public Interest Lawyers since 2001. [289810] Probation Reduce re-offending (PSA 23) — - 10% reduction on 2005 levels by 2011 Mr. Wills: The Legal Services Commission’s records Prison No Category A escapes National 0 of legal aid fees paid to Public Interest Lawyers since Prison The rate of escapes from National 0.05% 2001, for the financial years requested (running from 1 prison and prison escorts to be April to 31 March) rounded to the nearest pound, are no more than 0.05% of the average prison population shown in the table. It should be noted that the fees paid Prison Fewer than 1 in 20,000 escapes National 1 in 20,000 could be for work done in previous years or for work from contractor escorts covering more than one year. Probation 70% of orders or licences Regional Minimum 70% successfully completed The figures relate to civil legal aid work (the firm Prison The rate of drug misuse in 9.3% (incl. bupre-norphine) does not hold a crime contract). They have been calculated 1 prisons is less than 9.3% as on the basis of net payments authorised. All the figures reflected by those testing listed are inclusive of VAT. positive in mandatory drug tests Financial year Total payment (£) Probation The proportion of accredited National 80% programme starts that meet 2000-01 9,583 the OGRS/Risk of Serious Harm eligibility criteria where 2001-02 32,561 relevant to be at least 80% 2002-03 59,669 Agency The percentage of offenders in 35% 2003-04 139,621 wide employment at termination of their sentence, order or licence 2004-05 158,283 to be at least 35% (PSA 16) 2005-06 251,844 Agency The percentage of offenders in 79% 2006-07 299,668 wide settled and suitable accommodation at the end of 2007-08 490,972 their sentence, order or licence 2008-09 628,528 to be at least 79% (PSA 16) Total 2,070,728 Prison The rate of serious assaults is 1.9% 1 less than 1.9% of the prison Net payments authorised is the value of main bills submitted during population the year, less any previous payments on account, plus new payments on account made during the year on outstanding cases. 161W Written Answers12 OCTOBER 2009 Written Answers 162W

The LSC makes payments to firms rather than individuals Core regional so it is not possible to identify payments to Phil Shiner structure of Public Interest Lawyers separately. Core regional (authorised structure (current establishment Regional Offender Managers: Finance Region state) figure) East Midlands 22 39 Mr. Garnier: To ask the Secretary of State for Justice East of England 19 39 what the budget for each Director of Offender London 22 37 Management office in each English region and Wales is North East 25 32 for (a) 2009, (b) 2010 and (c) 2011. [290323] North West 25 44 South East 31 59 Maria Eagle: The office budget of each Director of South West 17 39 Offender Management in England and Wales for 2009-10 Wales 16 29 is shown in the following table: West Midlands 28 39 Yorkshire and 29 39 (£) Humberside Total 233 396 London 2.018 Wales 1.662 There are no plans to recruit any further staff into Yorkshire 2.282 each office once all the posts are filled. Eastern 2.662 South East 3.537 North West 3.135 Regional Offender Managers: Pay West Midlands 2.397 North East 1.872 Mr. Garnier: To ask the Secretary of State for Justice East Midlands 2.73l what estimate he has made of the average salary to be South West 2.135 paid to the directors of offender management in each English region and Wales in 2009. [290321] The budgets for 2010-11 onwards have not yet been determined. Maria Eagle: Part of the restructuring of the National Offender Management Service is the appointment of 10 Regional Offender Managers: Manpower Directors of Offender Management, DOMs, one for each of the nine regions in England and one in Wales Mr. Garnier: To ask the Secretary of State for Justice from April 1 2009. how many people were employed in each Director of The salary of the DOM is dependent on the size and Offender Management office on the latest date for complexities of the region. Seven on the DOMs are in which figures are available; and whether he plans to the SCS pay band 1 which ranges from £78,585 to recruit further staff to each office. [290322] £102,388 and the remaining three are in SCS pay band 2 which has a salary range from £87,055 to £150,000. Maria Eagle: The core regional structure has been developed to deliver offender management at regional level. The DOM structure has been designed to deliver Reoffenders the objectives of the organisation by placing resources at the frontline to best meet community needs while Andrew Stunell: To ask the Secretary of State for ensuring the delivery of national standards and Justice what the re-offending rate for offenders resident specifications. in each police force area was in each year since 1997. The template is scaleable to match the size of each of [289393] the regions but the main structure is identical across the nine regions and Wales. A number of other posts may Claire Ward: The most recent reoffending rates are work under the DOM but are not shown in the regional shown in the table. This data can be found in “Local structure as these receive funding from elsewhere. Adult Reoffending 1 January 2008-31 December 2008 England and Wales” which was published 14 May 2009. The new regional offices opened as part of an This is available online at: organisational restructure in April 2009. We have been recruiting existing staff into the new posts via a job http://www.justice.gov.uk/publications/docs/local-adult- matching process; ring-fenced competition; and internal reoffending-2008-ii.pdf competition. An external recruitment process has been Further details on local adult reoffending are contained undertaken for a small number of specialist posts where in this publication. no suitable internal candidates were found. Surpluses Local adult reoffending rates by probation area are arising from the exercise are being managed robustly via not available for periods prior to 1 October 2007-30 the redeployment strategy. The overall staffing figure in September 2008. the pre-existing Area and ROM offices prior to restructure The local reoffending figures are produced by aggregating was 576. On completion of the restructure, staffing in the data of four snapshots of the probation case load at regional offices will be reduced by a total of 180 at an the end of each quarter. Therefore the number of offenders eventual saving of approximately £10 million. quoted in the table is approximately four times the The current position is shown in the following table. number of offenders on the case load at any one time. 163W Written Answers12 OCTOBER 2009 Written Answers 164W

Probation areas are coterminous with police force Local reoffending rates by probation area, 1 January-31 December 2008 areas except in the case of London probation, which Cohort size (combining four quarters of covers both the Metropolitan and the City of London probation case load Actual rate of reoffending police forces. Probation area data) (percentage)

Local reoffending rates by probation area, 1 January-31 December 2008 West Yorkshire 32,512 10.89 Cohort size (combining four quarters of probation case load Actual rate of reoffending Restraint Techniques: Young Offenders Probation area data) (percentage)

Derbyshire 11,434 8.10 Julie Morgan: To ask the Secretary of State for Leicestershire 11,256 7.94 Justice how many times restraint has been used on a Lincolnshire 5,818 10.36 child in (a) secure children’s homes, (b) secure Northamptonshire 7,415 8.23 training centres and (c) young offender institutions for Nottinghamshire 14,483 10.89 the purposes of (i) preventing a criminal offence, (ii) Bedfordshire 5,606 8.56 preventing injury, (iii) preventing damage to property Cambridgeshire 9,389 11.01 and (iv) maintaining good order and discipline in each Essex 20,217 8.17 month of the last three years. [287748] Hertfordshire 10,239 8.71 Norfolk 7,328 10.92 Maria Eagle: Physical restraint is only ever to be used Suffolk 6,190 9.26 by staff in the under-18 secure estate as a last resort, London 109,589 8.70 when all other approaches have either not succeeded or Durham 9,364 11.77 would not be appropriate. Northumbria 22,149 15.29 The data provided in the following table, for the Teesside 11,720 15.33 period April 2008 to May 2009, have been supplied by Cheshire 11,248 8.66 the Youth Justice Board (YJB) and have been drawn Cumbria 6,655 12.70 from administrative IT systems, which, as with any Greater Manchester 46,970 10.00 large scale recording system, are subject to possible Lancashire 22,724 11.07 errors with data entry and processing and may be Merseyside 26,040 9.55 subject to change over time. They relate to use of Hampshire 19,665 9.83 restraint in secure training centres. Kent 16,767 8.25 Central collection of information about the reasons Surrey 6,132 8.55 for each restraint began in April 2008. The categories in Sussex 14,870 7.42 the table relate to the purposes for which restraint was Thames Valley 20,038 9.79 permitted under Rule 38(1) of the Secure Training Avon and Somerset 13,935 10.10 Centre Rules 1998 during all or part of the period in Devon and Cornwall 11,450 9.41 question. Those purposes are: to prevent a trainee from Dorset 5,787 10.54 escaping from custody; to prevent a trainee from injuring Gloucestershire 5,752 12.15 himself or others; to prevent damage to property; to Wiltshire 5,167 9.39 prevent a trainee from inciting another trainee to cause Dyfed-Powys 4,666 11.02 injury or damage property; and to ensure good order Gwent 8,524 10.83 and discipline. Prevention of a criminal offence is not, North Wales 9,268 10.85 in itself, a purpose for which restraint is or was authorised South Wales 19,878 11.96 under Rule 38(1). Ensuring good order and discipline Staffordshire 12,635 8.80 ceased, at the end of July 2008, to be an approved Warwickshire 5,147 10.51 purpose for using restraint. West Mercia 11,204 9.91 Statistics relating to young offender institutions and West Midlands 51,622 8.95 secure children’s homes are not collected in the format Humberside 11,967 10.24 requested and obtaining them would require a search North Yorkshire 6,617 12.32 through individual records, which could not be carried South Yorkshire 17,715 11.28 out without disproportionate cost.

Reasons for the use of restraint in secure training centres, April 2008 to May 2009 Escape from Injury to self or Incitement to injure Good order and custody others Damage to property or cause damage discipline Total

2008 April 0 137 7 2 4 150 May 0 95 14 1 0 110 June 1 119 13 0 3 136 July 1 170 7 4 9 191 August 0 150 15 2 1— 167 September 0 125 26 1 1— 152 October 0 143 15 1 1— 159 November 0 103 4 0 1— 107 December 0 128 14 0 1— 142 2009 January 0 138 5 0 1— 143 165W Written Answers12 OCTOBER 2009 Written Answers 166W

Reasons for the use of restraint in secure training centres, April 2008 to May 2009 Escape from Injury to self or Incitement to injure Good order and custody others Damage to property or cause damage discipline Total

February 0 127 17 1 1— 145 March 0 159 29 2 1— 190 April 0 181 23 1 1— 205 May 0 156 23 0 1— 179 1 Discontinued as a reason for restraint at the end of July 2008. Note: In July 2008, the Court of Appeal ruled that restraint could not be used in secure training centres for the purpose of ensuring good order and discipline (Re C v Secretary of State for Justice (2008) EWCA Civ 882).

Scotland Under-18 incidents Young offender Adult incidents incidents Stewart Hosie: To ask the Secretary of State for Male Female Male Female Male Female Justice whether his Department plans to make a submission to the Scottish Executive’s National 2007 488 573 2,007 2,537 7,895 7,822 Conversation consultation on Scotland’s constitutional 2008 743 686 1,982 2,990 8,138 8,965 future. [288956] Note: The data presented are drawn from NOMS administrative IT systems and do not include figures for STCs or SCHs. The detail collected is subject to the Mr. Straw: The Ministry of Justice has not submitted inaccuracies inherent in any large-scale recording system. While the figures evidence to the Scottish Executive’s National Conversation. shown have been checked as far as practicable, they must be approximate and not necessarily accurate to the last whole number shown. They are fit to be used The Commission on Scottish Devolution was established for purposes of looking at trends and for comparing the relative magnitude of by majority vote in the Scottish Parliament and with the components. full support of the UK Government. UK Departments The National Offender Management Service has a submitted evidence to the Commission during its First broad, integrated and evidence-based prisoner suicide phase of evidence gathering. prevention and self harm management strategy that The Commission recently published its Final Report, seeks to reduce the distress of all those in prison. This which can be found here at: encompasses a wide spectrum of Prison and Department http://www.commissiononscottishdevolution.org.uk/uploads/ of Health work around such issues as mental health, 2009-06-12-csd-final-report-2009fbookmarked.pdf substance misuse and resettlement. Any prisoner identified A Steering Group has been established under the as at risk of suicide or self-harm is cared for using the Chairmanship of the Secretary of State for Scotland to Assessment, Care in Custody and Teamwork (ACCT) help the UK Government and the Scottish Parliament procedures. Most self harm is not directly life threatening, plan how to take forward the Calman recommendations but nevertheless can be extremely distressing for those and deliver stronger devolution within a stronger United who have to deal with it. A prisoner focused care Kingdom. planning system for those at risk, ACCT, has helped prisons manage self harm. There are no easy answers to Self-harm: Incidents managing self-harming behaviour but we remain committed to finding ways to reduce it. Jenny Willott: To ask the Secretary of State for Justice (1) how many incidents of self-harm by young adult (a) male and (b) female prisoners there were in Shia Courts each year from 2000 to 2005; and if he will make a statement; [288166] Andrew Rosindell: To ask the Secretary of State for (2) how many incidents of self-harm by juvenile (a) Justice what recent discussions he has had on Shia male and (b) female prisoners there were in each year courts in the United Kingdom; and if he will make a from 2000 to 2003; and if he will make a statement; statement. [287969] [288167] (3) how many incidents of self-harm by adult (a) Bridget Prentice: It is assumed the hon. Member is male and (b) female prisoners were recorded in each asking about Sharia councils. Sharia councils do not year from 2000 to 2003; and if he will make a statement. describe themselves as Sharia ‘courts’ because they do [288177] not have powers to enforce their decisions. Sharia councils are not part of the court system in England and Wales. Claire Ward: The information requested in the three There are a number of Sharia councils in England and questions is combined in the following table. The self-harm Wales that, on a private basis, when the parties consent, incidents are broken down by age and gender and cover apply Sharia principles to reach resolution of personal the period since 2003, after which improvements in how and contractual disputes. Some councils have several self-harm is recorded, were introduced. These figures branches in major cities but councils are not unified are not directly comparable with those recorded before under one system governing their approach to issues or 2003. their administration so their processes and even their interpretation of Sharia principles may differ. Under-18 incidents Young offender Adult incidents I also refer the hon. Member to an answer given by incidents my noble Friend Lord Bach on 21 May 2009, Official Male Female Male Female Male Female Report, House of Lords, column WA362.The Government 2003 434 430 1,525 1,167 5,711 4,979 have also commissioned a small-scale research project 2004 464 561 1,584 2,069 6,561 6,294 to investigate the number and distribution of Sharia 2005 593 589 1,807 3,206 6,893 8,838 councils in England and Wales. There has not been any 2006 672 291 2,101 2,852 8,073 8,029 recent ministerial discussions on Sharia councils. 167W Written Answers12 OCTOBER 2009 Written Answers 168W

Shoplifting: Fixed Penalties and the addition of newly displaced staff following organisational change. Since April 2009, 102 redeployees Miss McIntosh: To ask the Secretary of State for have been found permanent jobs and the average length Justice what mechanisms are available to police officers of time for a person seeking permanent redeployment issuing a penalty notice for disorder for shop theft in to be placed in a new job is currently 95 days. the street to verify (a) the place of residence of the The Ministry of Justice seeks to redeploy equitably, recipient and (b) whether the recipient has had a fairly and in a timely manner with our best endeavours previous penalty notice for disorder for shop theft. to avoid the need for recourse to compulsory redundancy. [291695] Surveillance Mr. Straw: The mechanisms available to police officers to verify (a) the address of a recipient are documentary evidence such as a passport or driving licence which the Harry Cohen: To ask the Secretary of State for Justice recipient might produce; and other sources such as the what role the Information Commissioner has in monitoring Police National Computer (PNC) and electoral register the use of surveillance techniques by media organisations; and (b) whether a previous Penalty Notice for Disorder what reports the Information Commissioner has received has been issued are the PNC and local force penalty of misuse of such techniques by media organisations in notice databases. Police officers on the street have access the last two years; and if he will make a statement. to this information. [288171] Revised operational guidance to forces on the issue of PNDs for retail theft was issued on 16 July 2009. This Mr. Wills: The Information Commissioner’s Office is makes it clear that before issuing a PND on the street, the independent regulator with responsibility for enforcing officers need to establish the place of residence of a the Data Protection Act 1998 (DPA). recipient and whether a recipient has had a previous In his evidence session to the Culture, Media and penalty notice for shop theft. The guidance can be Sport Select Committee on 2 September, the Information found at: Commissioner (IC) outlined his responsibility for http://www.justice.gov.uk/publications/criminal-justice-police- investigating and punishing “blagging”activity (the practice act-retail-pnd.htm of tricking organisations into revealing confidential personal information), because this is an offence under Shoplifting: Sentencing section 55 of the DPA. It may also be relevant for the IC to investigate and take the necessary action in cases Miss McIntosh: To ask the Secretary of State for where personal information collected using surveillance Justice when he plans to publish revised sentencing techniques is then not processed in compliance with the guidelines for shoplifting offences. [291696] Data Protection Principles set out in the DPA. However, Mr. Straw: Sentencing guidelines are published by enforcement of the Regulatory and Investigation Powers the independent Sentencing Guidelines Council, not by Act 2000 to tackle illegal phone hacking and tapping is the Government. In December 2008, the Sentencing the responsibility of the Surveillance Commissioners Guidelines Council published a definitive guideline on and not the IC. theft and burglary in a building other than a dwelling. I In his evidence session, the Information Commissioner understand the Sentencing Guidelines Council has no confirmed that his Office had received no further evidence plans to review the guideline on theft from a shop. about the media’s use of private investigators beyond Surplus Employee that obtained during the course of the Motorman investigation. Mr. Drew: To ask the Secretary of State for Justice how many surplus employees his Department had on Unpaid Fines the latest date for which figures are available; what expenditure his Department incurred on salaries for Miss McIntosh: To ask the Secretary of State for surplus employees in the last 12 months; and what roles Justice when he expects to be able to publish separate such employees fulfil. [288027] enforcement rates for fines arising from unpaid penalty notices for disorder; and if he will make a statement. Mr. Wills: As of 4 September 2009 the Ministry of [288113] Justice had 254 staff that were actively seeking permanent redeployment. This figure comprises both full-time and Bridget Prentice: At present, there are no plans to part-time staff. All staff seeking redeployment are gainfully publish separate enforcement rates for fines arising employed and undertaking roles within the Ministry from unpaid penalty notices for disorder. and so are not defined as surplus. They are engaged in work contributing to the delivery of public services, Young Offender Institutions including core frontline activities, policy and project work and other operational roles. Justine Greening: To ask the Secretary of State for The salary expenditure for staff seeking redeployment Justice pursuant to the answer of 14 July 2009, Official is available from May 2009 when records were centralised. Report, columns 261-2W,on young offender institutions, Prior to then salary expenditure can be obtained only at what percentage of offenders aged (a) 12, (b) 13, (c) a disproportionate cost. In the last quarter the salary 14, (d) 15, (e) 16, (f) 17, (g) 18 and (h) 19 years who costs of those who were engaged in work but actively had previously been resident in a London borough were seeking permanent redeployment was £2,015,005. detained over 20 miles or 45 minutes travel away from The number of employees seeking redeployment changes their previous homes at the latest date for which figures regularly as a result of both our success in redeployment, are available. [290190] 169W Written Answers12 OCTOBER 2009 Written Answers 170W

Maria Eagle: Table A shows the percentage of 15 to Young Offenders: Magistrates Courts 19-year-olds (male and female) who had previously been resident in a London borough and were detained Ms Keeble: To ask the Secretary of State for Justice in a prison or young offender institution that was over how many children appeared before (a) an adult and 20 miles travel away from their home area, as of September (b) a youth magistrates court in the latest year for 2008. Home area is taken as a prisoner’s home address. which figures are available. [289377] If no home address is recorded the court of first committal is used as a proxy. Claire Ward: Information showing the number of Table A juveniles aged 10 to 17 proceeded against at adult Percentage magistrates courts and youth magistrates courts in England and Wales for 2007 (latest available) is shown in the Percentage of 15-year-olds from London area 90 held over 20 miles of home area following table. Percentage of 16-year-olds from London area 83 Data for 2008 will be available in the autumn of 2009. held over 20 miles of home area Defendants aged 10 to 17 proceeded against at adult magistrates Percentage of 17-year-olds from London area 76 1,2 held over 20 miles of home area courts and youth magistrates courts, England and Wales, 2007 Percentage of 18-year-olds from London area 72 Number held over 20 miles of home area Adult courts 11,519 Percentage of 19-year-olds from London area 78 held over 20 miles of home area Youth courts 115,015 Source: All courts 126,534 NOMS 1 The statistics relate to persons for whom these offences were the Table B shows the percentage of 12 to 17-year-olds principal offences for which they were dealt with. When a defendant (male and female) who had previously been resident in a has been found guilty of two or more offences the principal offence is London borough and were detained in Secure Children’s the offence for which the heaviest penalty is imposed. Where the same Homes or Secure Training Centres that was over 20 disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most miles away from their home area, as of September 2008. severe. Home area is taken as a young person’s address at the 2 Every effort is made to ensure that the figures presented are accurate time of sentence. If no address is recorded, the address and complete. However, it is important to note that these data have of the Youth Offending Team that the young person is been extracted from large administrative data systems generated by attached to is used as a proxy. Those aged 18 and 19 are the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are not held in Secure Children’s Homes or Secure Training taken into account when those data are used. Centres. Source: Table B Evidence and Analysis Unit—Office for Criminal Justice Reform. Percentage Young Offenders: Reoffenders Secure Secure Children’s Training Homes Centres Justine Greening: To ask the Secretary of State for Justice what percentage of offenders aged (a) 12, (b) Percentage of 12-year-olds from London 0n/a area held over 20 miles from home area 13, (c) 14, (d) 15, (e) 16, (f) 17, (g) 18 and (h) 19 Percentage of 13-year-olds from London n/a 100 years who had previously been resident in a London area held over 20 miles from home area borough and who were released from young offender Percentage of 14-year-olds from London 75 89 institutions in each of the last five years were reconvicted area held over 20 miles from home area within a year for (i) violent and (ii) non-violent crimes. Percentage of 15-year-olds from London 25 82 [290191] area held over 20 miles from home area Percentage of 16-year-olds from London 100 100 area held over 20 miles from home area Maria Eagle: Juvenile reoffending covers those aged Percentage of 17-year-olds from London n/a 86 10 to 17. A release from custody could be from a Secure area held over 20 miles from home area Training Centre, a Secure Children’s Home or a Young n/a: Denotes that no young people of this age were held in Secure Children’s Offender Institution. Data is not broken down by type Homes or Secure Training Centres on this date. of release establishment or by individual release Source: Youth Justice Board establishment. A breakdown of previous residence by Young Offender Institutions: Injuries location is not available. For information on the latest juvenile reoffending statistics please consult: Justine Greening: To ask the Secretary of State for http://www.justice.gov.uk/publications/docs/reoffending- Justice pursuant to the answer of 1 July 2009, Official juveniles-2007.pdf Report, columns 265-7W,on young offender institutions: Reoffenders that are aged 18 and 19 are included in the injuries, how many incidents of (a) self-harm, (b) adult dataset. As with juveniles a breakdown of previous damage caused by restraint and (c) assault by offenders residence by location is not available. Further information who had been previously resident in a London borough on adult reoffending is available at: occurred in each young offender institution in each of the last five years. [290188] http://www.justice.gov.uk/publications/docs/reoffending- adults-2007.pdf Maria Eagle: The system used within the National Offender Management Service for analysing self harm Young Offenders: Sentencing and assaults information does not include details of prisoners’ home addresses. As a result the information Justine Greening: To ask the Secretary of State for requested is not available centrally and could be obtained Justice pursuant to the answer of 1 July 2009, Official only at disproportionate cost. Report, column 269W, on young offenders: sentencing, 171W Written Answers12 OCTOBER 2009 Written Answers 172W what percentage of offenders aged (a) 12, (b) 13, (c) systems, which, as with any large scale recording system, 14, (d) 15, (e) 16, (f) 17, (g) 18 and (h) 19 years who are subject to possible errors with data entry and processing had previously been resident in a London borough and and may be subject to change over time. who had been convicted for non-violent crimes were given community sentences in each of the last five Ms Keeble: To ask the Secretary of State for Justice years. [290189] what steps his Department is taking to reduce the number of people aged 17 years who are remanded in Claire Ward: The available information is shown in custody. [289386] the following table. The table shows the percentage of those sentenced to community sentence by age in the last five years, for non-violent indictable offences. Figures Maria Eagle: The decision whether to grant bail or to for those previously resident in a London borough are remand a young person to the care of a local authority not available, as places of residence are not recorded on or to custody is a matter for the courts, which operate the court proceedings database. The table shows those within the statutory framework, which is principally set sentenced in the Metropolitan and City of London out in the Bail Act 1976. police force areas. The Youth Justice Board is seeking to ensure that no Percentage of persons sentenced to community sentences for non-violent young person under 18 is remanded to custody if a indictable offences1 in the last five years, by age in London police force areas workable alternative can be found. It has produced a Age 2003 2004 2005 2006 2007 toolkit, which it intends shortly to update and relaunch, 12 91.4 91.0 91.3 92.3 96.9 for use in conjunction with Youth Offending Teams 13 86.6 91.3 90.1 87.3 92.5 (YOTs) for this purpose. The measures that YOTs can 14 77.1 82.5 86.5 86.6 86.2 take to minimise use of custodial remand include setting 15 71.5 75.4 75.0 77.9 78.0 up panels to conduct regular reviews of custody decisions; 16 66.1 67.3 68.0 68.9 72.1 provision of bail support packages; steps to improve 17 58.4 55.9 59.5 59.5 59.5 relationships with the courts; and remand fostering. 18 25.7 29.3 31.1 27.9 30.3 19 24.1 28.9 28.2 25.5 23.7 Ms Keeble: To ask the Secretary of State for Justice if 1 This includes all indictable offences not included in the violence against the he will undertake an assessment of local variation in person offence type. Summary offences have not been included as they are not categorised into violent or non-violent offences the use of custodial remand in relation to children. Notes: [289869] 1. These figures have been drawn from administrative data systems. 2. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording Maria Eagle: The decision whether to grant bail or to system. Source: remand a young person to the care of a local authority OMS Analytical Services, Ministry of Justice or to custody is a matter for the courts, which operate The definition of non-violent offences are all those within the statutory framework, which is principally set indictable offences not included in the offence type, out in the Bail Act 1976. ‘Violence Against the Person’. Summary offences have Information on local court practice is produced six- not been included as they are not categorised into monthly by the Sentencing Guidelines Council. The violent or non-violent offences. This data is presented Youth Justice Board, through communications with on the principal offence basis: where an offender has sentencers, and performance analysis and support for been sentenced for more than one offence the principal youth offending teams, is working to support a reduction offence is the one for which the heaviest sentence was in the use of custody, including custodial remand, across imposed; where the same sentence has been imposed for England and Wales. two or more offences the principal offence is the one for which the statutory maximum is most severe. Data for 2008 will not be available until ‘Sentencing Statistics Youth Custody 2008’ is published. Young People: Remand in Custody Ms Keeble: To ask the Secretary of State for Justice how many young offenders aged (a) up to 16 and (b) Ms Keeble: To ask the Secretary of State for Justice 17 years of age were sent to custodial institutions (i) on how many children were received into a remand remand and (ii) under sentence in each local authority institution on a Saturday in the latest year for which area in the last 12 months; and if he will make a figures are available. [289382] statement. [289379] Maria Eagle: The statistics collected by the Youth Justice Board record the number of occasions on which Maria Eagle: The Youth Justice Board collects data young people have received a custodial remand, rather by the young person’s home Youth Offending Team than the number of individual young people who have area (some of which cover more than one local authority) been so remanded (these figures are different because a and figures for the period 1 July 2008 to 30 June 2009 young person may experience more than one period in are provided in the following table. custody on remand). In the year 1 April 2008 to 31 March The data have been supplied by the Youth Justice 2009 there were 588 episodes of custodial remand which Board and have been drawn from administrative IT started on a Saturday. systems, which, as with any large scale recording system, The data have been supplied by the Youth Justice are subject to possible errors with data entry and processing Board and have been drawn from administrative IT and may be subject to change over time. 173W Written Answers12 OCTOBER 2009 Written Answers 174W

Remanded Sentenced Youth Offending Team Up to 16 17 Total Up to 16 17 Total

Barking and Dagenham 14 15 29 25 16 41 Barnet 14 15 29 5 10 15 Barnsley 3 12 15 14 8 22 Bath and North East Somerset 3367512 Bedfordshire 16 16 32 15 14 29 Bexley 5389615 Birmingham 93 98 191 130 107 237 Blackburn with Darwen 10 6 16 17 5 22 Blackpool 13 20 33 22 12 34 Blaenau, Gwent and Caerphilly 2799817 Bolton 192645202343 Bournemouth and Poole 4 8 12 6 7 13 Bracknell Forest 4 12 16 5 11 16 Bradford 36 34 70 35 36 71 Brent 35 28 63 28 22 50 Bridgend 25741115 Brighton and Hove 7 9 16 15 18 33 Bristol 32 34 66 39 24 63 Bromley 14 14 28 13 8 21 Buckinghamshire 5 9 14 6 9 15 Bury 4 7 11 19 7 26 Calderdale 14 19 33 21 21 42 Cambridgeshire 9 17 26 14 17 31 Camden 10 12 22 6 12 18 Cardiff 28 26 54 39 16 55 Carmarthenshire 8 11 19 11 11 22 Ceredigion 0 1 1 0 3 3 Cheshire 14 25 39 24 34 58 Conwy and Denbighshire 8 11 19 9 14 23 Cornwall 12 10 22 7 11 18 Coventry 16 24 40 25 28 53 Croydon 24 37 61 31 22 53 Cumbria 10 24 34 32 39 71 Darlington 4489716 Derby 31 13 44 47 25 72 Derbyshire 121123482472 Devon 7 815101222 Doncaster 13 15 28 22 24 46 Dorset 1 1 2 0 3 3 Dudley 2 19 21 22 19 41 Durham 9 13 22 14 18 32 Ealing 294069182139 EastRidingofYorkshire 2359716 East Sussex 11 19 30 14 21 35 Enfield 18 25 43 13 17 30 Essex 143246374380 Flintshire 4378816 Gateshead 5 9 14 11 9 20 Gloucestershire .13 14 27 16 10 26 Greenwich 17 31 48 14 18 32 Gwynedd Mon 36971118 Hackney 39 46 85 30 29 59 Halton and Warrington 11 14 25 27 20 47 Hammersmith and Fulham 15 7 22 10 6 16 Haringey 18 19 37 18 16 34 Harrow 10 5 15 4 3 7 Hartlepool 7 8 15 1 4 5 Havering 7 18 25 10 11 21 Hertfordshire 18 26 44 21 20 41 Hillingdon 19 15 34 23 17 40 Hounslow 14 31 45 9 9 18 Islington 25 21 46 25 17 42 Kensington and Chelsea 11 9 20 5 11 16 Kent 42 61 103 55 50 105 175W Written Answers12 OCTOBER 2009 Written Answers 176W

Remanded Sentenced Youth Offending Team Up to 16 17 Total Up to 16 17 Total

Kingston-Upon-Hull 34 19 53 28 23 51 Kingston-Upon-Thames 7 3 10 7 5 12 Kirklees 14 12 26 48 15 63 Knowsley 11 10 21 9 10 19 Lambeth 34 36 70 41 33 74 Lancashire 40 45 85 72 47 119 Leeds 59 51 110 99 40 139 Leicester City 20 22 42 43 24 67 Leicestershire 11 15 26 12 11 23 Lewisham 33 26 59 30 22 52 Lincolnshire 7 6 13 13 14 27 Liverpool 48 34 82 62 59 121 Luton 4 6 10 10 11 21 Manchester 86 77 163 90 68 158 Medway 111728171633 Merthyr Tydfil 8 3 11 26 9 35 Merton 4 711171027 Milton Keynes 11 10 21 12 11 23 Miscellaneous 011000 Monmouthshire and Torfaen 123437 NeathPortTalbot 4484610 Newcastle-upon-Tyne 19 33 52 14 11 25 Newham 34 42 76 43 20 63 Newport 7 7 14 18 5 23 Norfolk 11 15 26 36 22 58 North East Lincolnshire 13 15 28 18 17 35 23 18 41 25 17 42 North Somerset 7 5 12 8 9 17 North Tyneside 6 6 12 18 17 35 North Yorkshire 7 16 23 15 23 38 Northamptonshire 22 26 48 31 21 52 Northumberland 8 9 17 5 6 11 Nottingham 41 50 91 60 53 113 Nottinghamshire 14 16 30 32 26 58 Oldham 16 10 26 26 12 38 Oxfordshire 20 26 46 19 15 34 Pembrokeshire 369022 Peterborough 9 12 21 35 15 50 Plymouth 9 9 18 11 14 25 Powys 1 0 1 2 4 6 Reading 4 8 12 8 9 17 Redbridge 22 19 41 21 15 36 Rhondda Cynon Taff 10 12 22 13 20 33 Richmond-upon-Thames 347628 Rochdale 17 19 36 31 24 55 Rotherham 13 21 34 28 23 51 Salford 12 16 28 24 28 52 Sandwell 26 17 43 26 19 45 Sefton 7 16 23 13 11 24 Sheffield 43 50 93 38 43 81 Shropshire, Telford and Wrekin 10 14 24 17 17 34 Slough 5 8 13 4 6 10 Solihull 9 9 18 7 5 12 Somerset 5 13 18 8 11 19 South Gloucestershire 4486814 South Tees 21 19 40 30 27 57 South Tyneside 4 8 12 6 5 11 Southend-on-Sea 9 7 16 17 15 32 Southwark 31 46 77 46 46 92 St. Helens 8 14 22 13 8 21 Staffordshire 131326212647 Stockport ’5 10 15 15 17 32 Stockton-on-Tees 6 7 13 14 6 20 Stoke-on-Trent 19 14 33 21 17 38 177W Written Answers12 OCTOBER 2009 Written Answers 178W

Remanded Sentenced Youth Offending Team Up to 16 17 Total Up to 16 17 Total

Suffolk 13 21 34 24 33 57 Sunderland 1 3 4 11 11 22 Surrey 9 13 22 4 11 15 Sutton 3587613 Swansea 6 7 13 9 12 21 Swindon 6 5 11 6 4 10 Tameside 3 19 22 17 14 31 Thurrock 2 14 16 7 14 21 Torbay 527527 Tower Hamlets and City of London 16 19 35 21 18 39 Trafford 14 17 31 22 20 42 Vale of Glamorgan 6 11 17 7 10 17 Wakefield 6 13 19 8 15 23 Walsall 8 15 23 20 15 35 Waltham Forest 18 21 39 22 15 37 Wandsworth 20 30 50 24 24 48 Warwickshire 5 9 14 12 12 24 Wessex 68 87 155 113 99 212 West Berkshire 156527 WestSussex 262955261440 Westminster 10 9 19 14 9 23 Wigan 41216251843 Wiltshire 033426 Windsor and Maidenhead 325213 Wirral 17 13 30 17 14 31 Wokingham 246516 Wolverhampton 13 11 24 19 19 38 Worcestershire and Herefordshire 14 16 30 39 24 63 Wrexham 8 14 22 17 15 32 York 6 15 21 8 14 22 Grand Total 2,255 2,683 4,938 3,232 2,727 5,959 Notes: The following Youth Offending Teams cover more than one local authority area: Bournemouth and Poole (Bournemouth and Poole local authorities) Cornwall (Cornwall and Isles of Scilly local authorities) Halton and Warrington (Halton and Warrington local authorities) Shropshire, Telford and Wrekin (Shropshire and Telford and Wrekin local authorities) South Tees (Redcar, Cleveland and Middlesbrough local authorities) Tower Hamlets and City of London (Tower Hamlets and City of London local authorities) Wessex (Isle of Wight, Hampshire, Southampton and Portsmouth local authorities) Worcestershire and Herefordshire (Worcestershire and Herefordshire local authorities).

Ms Keeble: To ask the Secretary of State for Justice Age how many young offenders aged (a) up to 16 and (b) 17 years of age were held in custodial institutions (i) on (a) Up to 16 (b)17 Total remand, (ii) under sentence for crimes of violence and (iii) Under sentence for crimes 410 445 855 (iii) under sentence for offences not involving violence riot involving violence on the latest date for which figures are available; and if A table of violent offences for which young people he will make a statement. [289381] were recorded as being held in custody under sentence on this date is as follows. Maria Eagle: The following tables provide the requested information in respect of young people in custody on 26 Offence group Offence June 2009. Arson Arson endangering life The data have been supplied by the Youth Justice Board and have been drawn from administrative IT systems, which, as with any large scale recording system, Domestic burglary Aggravated burglary of a dwelling are subject to possible errors with data entry and processing and may be subject to change over time. Public order Public order offence Riot/affray Age Section 4 Public Order Act 1986 (a) Up to 16 (b)17 Total Section 3 Violent Disorder

(i) Young people in custody 306 329 635 Section 5 Public Order Act (harassment, alarm, or on, remand distress)—Racially Aggravated, (Crime and Disorder Act 1998, Section 31 (1)) (ii) Under sentence for crimes 540 636 1,176 of violence Section 5 Public Order Act 1986 179W Written Answers12 OCTOBER 2009 Written Answers 180W

Offence group Offence Offence group Offence

Arson Arson Racially aggravated Common assault—racially aggravated Arson not endangering life Racially aggravated Section 4 Public Order Act 1968—Racially Breach of bail Breach of bail Aggravated—threatening, abusive, or insulting words or behaviour (Crime and Disorder Act 1998 Section 31 (1)(a)) Breach of conditional Breach of conditional discharge discharge

Robbery Assault with intent to rob Robbery Breach of statutory Breach of ASBO order Breach of detention and training order Sexual offences Attempted rape Breach of extended sentence Buggery by a male aged 16-17 with a male aged 16 or over Breach of Section 91 sentence Buggery by a male of female under 16 Breach of statutory order Indecent Assault on female aged 16 or over Indecent Assault on female aged under 16 Criminal damage Criminal damage Indecent Assault on male aged 16 or over Threat to commit criminal damage Indecent Assault on male aged under 16 Other incest Domestic burglary Burglary of a dwelling Rape—Female Drugs Cultivation of Cannabis Rape—Male Drugs offence Sexual offence Having possession of a controlled drug with intent Unlawful sexual intercourse with female under 13 to supply it to another Importation/exportation of a drug controlled under the Misuse of Drugs Act 197 Vehicle theft/ Aggravated vehicle taking Possession of Class A drug unauthorised taking Possession of Class B drug

Violence against the Assault occasioning actual bodily harm Possession of Class C drug] person Supplying or offering to supply a controlled drug or Assault with intent to resist apprehension or assault being concerned in the doing of either activity by on a person assisting a constable another Attempted murder Causing explosion or casting corrosive fluids with Fraud and forgery Fraud intent to do grievous bodily harm Common assault Motoring offences Driving whilst disqualified driving with excess Endangering railway passenger by placing anything alcohol Interfering with motor vehicle on railway, taking up rail, changing points or signals False imprisonment Non domestic Burglary of a non-dwelling burglary Kidnapping

Making written or verbal threats to kill Other Other Malicious wounding/grievous bodily harm Perverting the course of justice Manslaughter Murder Theft and handling Going equipped for stealing stolen goods Possessing firearm or imitation firearm with intent Handling stolen goods to commit an indictable offence or resist offence Possession of a firearm or imitation firearm with Making off without payment intent to cause violence Theft and handling Possession of an offensive weapon Theft from a motor vehicle Possession of firearm or imitation firearm at time of Theft from a public place committing or being arrested for an offence under Schedule 1 of the Firearms Act 1968 Theft from a shop Possession of firearm with intent to endanger life or Theft from the person injure property Threat or conspiracy to murder Theft in a dwelling Violence against person Wounding with intent to do grievous bodily harm Vehicle theft/ Allowing him/herself to be carried in a stolen car unauthorised taking Theft of motor vehicle Non-violent offences for which young people were Taking without consent recorded as being held under sentence in custody on Vehicle Theft this date were as follows: 181W Written Answers12 OCTOBER 2009 Written Answers 182W

Youth Custody: Restraint Techniques CHILDREN, SCHOOLS AND FAMILIES Pupil Funding David Howarth: To ask the Secretary of State for Justice with reference to paragraph 8.30 of the 2008 11. Mr. Gray: To ask the Secretary of State for Independent Review of Restraint: Juvenile Secure Children, Schools and Families how much funding per Settings, if he will place in the Library a copy of the pupil his Department allocated to (a) secondary and documentation relating to AdaptedC&Rpiloted in (b) primary schools in (i) North Wiltshire constituency May 2006 in Feltham and Cookham Wood young and (ii) Normanton constituency for 2009-10. [292202] offenders institutions. [290074] Ms Diana R. Johnson: The Government allocate funding Maria Eagle: A pilot of juvenile restraint techniques to local authorities, not by constituency, so we do not (JRT) for use on young people (15 to 17-year-olds) hold figures for North Wiltshire or Normanton commenced in May 2006. An interim evaluation report constituencies. Separate figures are not available for was produced in April 2007 and I have arranged for a primary and secondary schools as funding is not allocated copy of this to be placed in the House of Commons by phase. Library. Shortly after the completion of this report, the The guaranteed funding per pupil for Wiltshire for “Independent Review of the Use of Restraint in Juvenile 2009-10 is £3,849, and for Wakefield it is £4,022. The Secure Settings” was announced and a decision was amount of Dedicated Schools Grant that local authorities taken to suspend further work on JRT pending the receive is dependant on the number of pupils on roll. outcome of the review. Wiltshire has received just over £243 million and Wakefield £182 million for 2009-10. The Government’s response to the independent review was published in December 2008 and part of this Illiteracy announced the development of a more comprehensive system of restraint for young people as part of a wider 14. Ann Winterton: To ask the Secretary of State for behaviour management system. Piloting of this new Children, Schools and Families what recent estimate he system of restraint is expected to begin early next year. has made of rates of illiteracy amongst children of primary school age. [292205] David Howarth: To ask the Secretary of State for Justice with reference to paragraph 8.39 of the 2008 Ms Diana R. Johnson: It is not appropriate to use the Independent Review of Restraint: Juvenile Secure term ‘illiterate’ to describe primary school pupils who Settings, if he will place in the Library a copy of the are still learning. Primary school standards have never Prison Service review into the case for extending the been higher. In 2009 92 per cent. of 11-year-olds achieved use of the baton to the young people’s estate. [290075] level 3 or above in reading, and 94 per cent. in writing. This means they can read a range of texts accurately and independently and their writing is organised, legible Maria Eagle: I have arranged for a copy of the Prison and clear. Many of those working below test level at age Service report, “Review of the Potential Use of the 11 will have a range of learning difficulties. We have Baton in the Young People’s Estate” to be placed in the proven, successful programmes like Every Child a Reader House of Commons Library. and Every Child a Writer in place to support those who are struggling. Youth Justice Standards: Secondary Education

15. Mr. Hands: To ask the Secretary of State for Mr. Hands: To ask the Secretary of State for Justice Children, Schools and Families what steps he plans to what assessment the Office for Criminal Justice Reform take to raise academic standards in secondary schools. undertook in deciding to allocate a grant to the [292206] Association of Youth Offending Team Managers for the purposes of building a case management system for Mr. Coaker: Secondary school standards have risen youth offenders. [290281] substantially since 1997, thanks to excellent leadership and teaching; support from the National Strategies; Maria Eagle: The Youth Justice Board applied for better use of pupil data; and the ambitious targets funding in May 2008 for an integrated Youth Offending schools and local authorities have set for their pupils. Team (YOT) case management system to address concerns We published our school improvement strategy in the raised by the Association of YOT Managers and YOT White Paper, ‘Your Child, Your School, Our Future’ on Managers Cymru on the capability of their existing 30 June to build upon the improvements already made systems. The decision to allocate funding was made by a and deliver a world class education system. cross-criminal justice agency board following consideration of the business case and related documentation, a review 16 to 19-year-olds: Funding against agreed investment principles, a technical design review, and an independent review from Gartner on the 16. Miss McIntosh: To ask the Secretary of State for effectiveness of current case management systems in Children, Schools and Families what recent use by the youth justice system. The project is managed representations he has received on funding for school as part of the Youth Justice Board’s wider Wiring Up education for 16 to 19-year-olds; and if he will make a Youth Justice Programme. statement. [292207] 183W Written Answers12 OCTOBER 2009 Written Answers 184W

Mr. Iain Wright: We have received three representations Mr. Coaker: £0.8 million pounds was allocated to from schools about their 2009-10 funding allocation York in 1996-97. During the current three-year spending since June. These raised queries about the level of their review period, we are allocating the city £40.0 million, allocation. We will be investing over £2.2 billion in that is, an average of £13.3 million a year. 2009-10, enabling over 400,000 young people to have a place in a school sixth from in 2009-10. This will fund Pre-1914 Schools: East Lancashire schools to make their vital contribution to deliver the September Guarantee providing an appropriate place 21. Mr. Gordon Prentice: To ask the Secretary of in learning for any young person who wants one. State for Children, Schools and Families what information he holds on the number of (a) primary South Battersea: Secondary Education and (b) secondary schools in East Lancashire whose premises were constructed before 1914. [292213] 17. Martin Linton: To ask the Secretary of State for Mr. Coaker: Asset management data, including data Children, Schools and Families what discussions he has on the ages of school buildings, were supplied to my had with the London borough of Wandsworth on the Department by local authorities, most recently in 2006. provision of a secondary school in south Battersea. My Department has not analysed the data at this level [292208] of detail within an authority but can provide it by 7 November 2009. Mr. Coaker: Ministers have not had any discussions with the London Borough of Wandsworth about the Youth Justice System provision of a secondary school in south Battersea. 22. Mr. Bailey: To ask the Secretary of State for FE Colleges: Funding Children, Schools and Families what steps his Department has taken to provide support to young people with 18. Natascha Engel: To ask the Secretary of State for communication disabilities within the youth justice system. Children, Schools and Families what discussions he has [292214] had with the Secretary of State for Business, Innovation and Skills on steps to support further education colleges Mr. Coaker: We are working with the Communication whose enrolment figures have increased as a result of the Trust to improve awareness and support for young recession; and if he will make a statement. [292209] people in the youth justice system with communication needs. Supported by DCSF funding, the Communications Mr. Iain Wright: I have not recently met the Secretary Trust is taking forward a programme to improve awareness of State for Business Innovation and Skills on this issue, of the importance of young people’s communication but we both recognise the vital role FE colleges play in needs in the secure estate and Youth Offending Teams. developing the skills and knowledge of young people The trust is developing training for the youth justice and adults. Hence, we are investing over £3.5 billion in workforce and influencing existing workforce programmes 2009-10 enabling FE colleges to contribute to the September and National Occupational Standards. Guarantee for young people, including an extra £62 National Curriculum million secured in Budget 2009 to deal with the impact of the economic downturn. 23. Mr. Hepburn: To ask the Secretary of State for Disadvantaged Pupils Children, Schools and Families what his policy is on the future of testing in the national curriculum; and if he will make a statement. [292215] 19. John Robertson: To ask the Secretary of State for Children, Schools and Families what steps his Ms Diana R. Johnson: In May, we accepted in full the Department is taking to ensure that pupils from recommendations of the Expert Group on Assessment disadvantaged areas achieve their full potential. [292210] on the future of national curriculum assessment and testing. The group was clear that tests at the end of Key Mr. Coaker: Over the past decade, all schools and Stage 2 were educationally beneficial and vital for public areas have improved their performance substantially—but accountability, and so the tests in English and maths those with the most deprived cohorts have made the will remain in place. We are also continuing and extending largest gains. our trials of single level tests, and introducing new Schools have achieved these results through improved sample tests for Key Stage 2 science and for Key Stage 3. personalisation; through projects like The Extra Mile; Building Schools for the Future Programme and through our successful Academies and National and City Challenge programmes. Mr. Sheerman: To ask the Secretary of State for In our “Breaking the Link”publication and the Schools Children, Schools and Families in how many local White Paper we set out further plans to ensure even authorities the implementation of the Building Schools greater equity of outcomes. for the Future programme has been suspended in the absence of a visionary or transformative bid. [291798] City of York School Capital Spending Mr. Coaker: Three Building Schools for the Future 20. Hugh Bayley: To ask the Secretary of State for projects—Hull, Oldham, and Stoke—have previously Children, Schools and Families how much central Government been suspended in the pre-procurement phase while the allocated to City of York council for school capital local authorities were asked to re-examine their school spending in (a) 1996-97 and (b) the latest period for estate proposals to ensure that the proposals would which figures are available. [292212] make a significant educational impact. 185W Written Answers12 OCTOBER 2009 Written Answers 186W

Local authorities are required to demonstrate that change. Review meetings should be chaired by the their BSF plans are visionary and transformational at Independent Reviewing Officer (IRO) and conducted in two key points in the process. At initial entry, local accordance with minimum statutory requirements: within authorities must submit a robust ‘Readiness to Deliver’ 28 days, three months and six monthly intervals after document which explains how their plans will impact placement. Reviews should ensure that there is no undue on the local educational environment. Once the programme delay in implementing the actions set out in a child’s has commenced, they are required to submit a ‘Strategy plan and that the child’s views are taken in to account. for Change’ which describes the educational impact of Children’s Homes, including those who care for children their plans across all of the local schools to benefit from with disabilities, must comply with the Children’s Homes BSF investment. If, at either milestone, it is judged that Regulations Act 2001 and the National Minimum the local authority is not setting high enough aspirations, Standards for Children’s Homes and are registered, they are asked to revise the strategies and resubmit inspected and regulated by Ofsted. them. This process helps to reduce the need to suspend The regulations and standards make specific reference BSF programmes. to where children with disabilities are cared for in the Children in Care home, with the overarching ethos being that disabled children in the home should be able to receive the same Jenny Willott: To ask the Secretary of State for opportunities as other children within the home. Children, Schools and Families how many and what There are no plans to estimate the number of disabled proportion of care leavers were living in suitable children who are in residential settings. accommodation (a) in total and (b) in each of the smallest geographical areas for which figures are Children: Databases available in each year since 2000; and if he will make a statement. [291190] Tom Brake: To ask the Secretary of State for Dawn Primarolo [holding answer 14 September 2009]: Children, Schools and Families how many people have The information for the years 2004-08 has been placed been disciplined for misuse of data collected for the in the House Libraries. Earlier years can be provided ContactPoint database in each year since data only at a disproportionate cost. collection for that database began. [283329]

Michael Gove: To ask the Secretary of State for Dawn Primarolo: All organisations using ContactPoint Children, Schools and Families how many children must complete organisational accreditation before their have been taken into alternative care as a result of low staff can be granted access to ContactPoint. Part of the parental income in each of the last five years. [291853] organisational accreditation involves ensuring that appropriate disciplinary procedures are in place in the Dawn Primarolo: Children are not taken into care employing organisation should it be necessary to invoke because of parental low income. them in relation to any inappropriate use of ContactPoint. A care order cannot be issued for a child simply The use of ContactPoint is monitored at both national because their parents are on a low income. Section 31 of and local level. Local authorities are responsible for the Children Act 1989 specifies that, to issue a care investigating suspected misuse within their user base. A order, the court has to be satisfied that: central DCSF team also reviews use of the system and (A) The child is suffering, or is likely to suffer, significant data by local authorities and national partners. If unusual harm; and activity by users within a local authority area or a (B) That the harm, or likelihood of harm, is attributable to: national partner organisation were to be detected by the care given to the child (or likely to be given to him if the regular auditing, or was suspected or reported, the local order were not made) not being what it would be reasonable to authority or national partner ContactPoint Management expect a parent to give to him; or Team must suspend the user account, notify the user’s the child’s being beyond parental control. manager and carry out an immediate investigation using In all cases of children being taken into care on care local policies and procedures. orders, these conditions will have been fulfilled to the In the eventuality that there was misuse of data held satisfaction of a court. on ContactPoint, disciplinary action would be a matter Children in Care: Disabled for the employer of the individual concerned. No one has been disciplined for misuse of data, however, through Mrs. Maria Miller: To ask the Secretary of State for DCSF auditing, we have identified five instances where Children, Schools and Families (1) what review correct procedures were not followed by ContactPoint processes are in place to monitor the care of children users. Typically, these were users who searched for with disabilities in long-term institutional care; [289573] records, for example, those of family members, in order (2) what plans he has to estimate the number of to ‘test’ the system, in what they believed was a ‘safe’ children with disabilities in long-term institutional care. way, before undertaking work such as apply shields to [289574] records that need them. All cases were immediately investigated and appropriate action has been taken. Ms Diana R. Johnson: Local authorities have to One of these five instances resulted in an individual develop care plans setting out how they intend to respond being disciplined. The incident, although inappropriate, to the assessed needs of disabled children who are living did not lead to ContactPoint data being compromised away from their family and are being looked after by the and there is no evidence that any of these instances local authority. indicated malicious intent, posed any risk to the security All care plans must be kept under review so that of children’s records or constituted misuse of data on progress can be monitored and revised as circumstances ContactPoint. 187W Written Answers12 OCTOBER 2009 Written Answers 188W

We have always said that we will carefully monitor Dawn Primarolo: The Childcare and Early Years the activity of early adopter practitioners to identify Providers Survey provides estimates of the proportion any further improvements that may be required. In the of childminders1 who are male and female in England. light of these instances, we further strengthened our Estimates can be provided of the number and proportion training and guidance materials on correct procedures of male and female staff by region for 2006 and 2007, and use of ContactPoint. This demonstrates that the however these data are not available at the local authority stringent security processes we have in place are working. level, or for earlier years. Table 1 provides the number and proportion of male and female childminders in Children: Day Care England from 1998 until 2007. These data are not available for years prior to 1998. Table 2 provides the Andrew Stunell: To ask the Secretary of State for number and proportion of male and female childminders Children, Schools and Families how many and what in the North West in 2006 and 2007. proportion of registered childminders were (a) male 1 The data provided refer to the number and proportion of and (b) female in each local authority area in the working childminders. Childminders who were registered but not North West in each year since 1997. [289292] working are not included.

Table 1: Sex of childminders in England Male childminders Female childminders Proportion of childminders1 Number of male Proportion of childminders1 Number of female childminders2 childminders2

1998 0.5 470 99 92,400 2001 0.5 400 99 71,900 2003 1 800 99 72,100 2005 2 1,000 98 56,700 2006 2 1,200 98 56,700 2007 1 620 99 59,200 1 Proportions may not sum to 100 per cent. due to rounding. 2 All numbers provided have been rounded. Figures have been rounded to the nearest 100 if they are greater than 1,000, to the nearest 50 if the number is 100 to 999 and to the nearest 10 if the number is below 100. Table 2: Sex of childminders in the north west Male childminders Female childminders Proportion of childminders1 Number of male Proportion of childminders1 Number of female childminders2 childminders2

2006 1 90 99 6,600 2007 0 30 100 6,900 1 Proportions may not sum to 100 per cent. due to rounding. 2 All numbers provided have been rounded. Figures have been rounded to the nearest 100 if they are greater than 1,000, to the nearest 50 if the number is 100 to 999 and to the nearest 10 if the number is below 100. 3 As this survey is based on a sample of providers in England, when the sample is broken down by region the number of childminders interviewed in each regionis relatively small. Therefore, this does not mean that there were no male childminders in the north west in 2007, only that no male childminders were selected in the sample of providers within the north west region for the 2007 survey.

Mrs. Maria Miller: To ask the Secretary of State for Information on the number of childminders that are Children, Schools and Families (1) how many and what part of a local authority childminding network is not proportion of local authorities have a childminding collected centrally. network; [289325] Mrs. Maria Miller: To ask the Secretary of State for (2) how many and what proportion of childminders Children, Schools and Families how many and what are part of a local authority childminding network. proportion of childcare staff in nurseries had an [289326] appropriate (a) level 3 or higher and (b) level 5 or higher qualification in each of the last five years. [289795] Dawn Primarolo: In January 2009, there were 72 (48 Mr. Coaker: The Childcare and Early Years Providers per cent.) out of 150 local authorities with at least one Survey collects information on staff qualifications that childminding network which received Government funding are relevant to working with children and young people. to deliver the free entitlement. The DCSF only receives Data on the number and proportion of paid staff in information on the number of childminding networks maintained nursery schools holding (a) at least a level 3 which receive funding to deliver the free entitlement. and (b) at least a level 5 qualification is shown in the Other childminding networks may exist but the Department following table. 2007 is the most recent year for which has no information on these as they do not deliver the this information is available. Data on the number of free entitlement. nursery staff by qualification level in 2003 is not available.

Proportion and number of paid staff in maintained nursery schools qualified to at least level 3 and at least level 5, England 2007 2006 2003 Proportion of staff Number of staff Proportion of staff Number of staff Proportion of staff (percentage) (percentage) (percentage)

At least level 3 83 4,100 80 3,700 78 189W Written Answers12 OCTOBER 2009 Written Answers 190W

Proportion and number of paid staff in maintained nursery schools qualified to at least level 3 and at least level 5, England 2007 2006 2003 Proportion of staff Number of staff Proportion of staff Number of staff Proportion of staff (percentage) (percentage) (percentage)

At least level 5 36 1,800 30 1,500 n/a

Mrs. Maria Miller: To ask the Secretary of State for Average number of hours worked per week by staff in child care providers, by Children, Schools and Families what estimate he has ownership of setting, 2006 Local School/ made of the average number of hours worked per week Private Voluntary authority college Other by (a) childcarers in maintained settings, (b) childcarers in private, voluntary and independent Full day care 35 26 32 33 35 nurseries and (c) childminders in each year since 2003. Full day care in 35 34 34 34 35 Children’s [289798] Centres Sessional 17 16 20 25 15 Mr. Coaker: The Childcare and Early Years Providers Out of school 26 20 25 19 27 Survey estimated that staff working in full day care in care Children’s Centres worked an average (mean) of 34 Note: hours a week in 2007, compared with an average of 18 Data for other providers are not available by type of ownership. hours a week for staff in sessional settings. Data for all Data prior to 2006 is not available for the average child care and early years’ providers for each year number of hours worked per week by staff in child care available is shown in the following table. providers, by ownership of setting. The Childcare and Average number of hours worked per week by staff in child care and early years Early Years Providers Survey collects information on provision in maintained schools the average(mean) number of hours per week that 2003 2005 2006 2007 childminders accept children for during term time and Full day care 35 32 33 33 during school holidays (i.e. the time open for, but the Full day care in Children’s n/a n/a 34 34 childminder may not necessarily actually be working Centres the whole time). This information comes closest to Sessional 17 18 17 18 representing what a typical weekly shift is for a childminder. After school clubs 19 n/a 19 18 Data for each year available is shown in the following Holiday clubs 31.5 n/a 27 29 table. Nursery schools 32.5 n/a 32 31 Average number of hours per week that children are accepted by a childminder Primary schools with 33 n/a 31 29 Term time School holidays nursery and reception classes 2003 39 40 Primary schools with 28 n/a 29 27 reception but no nursery 2005 43 45 classes 2006 43 45 Notes: 2007 44 48 1. Children’s centres were included in the survey for the first time in 2006, therefore data is not available for previous years. 2. After school and holiday clubs were sampled differently in 2005 and comparable figures for this year are not available. Mrs. Maria Miller: To ask the Secretary of State for 3. Early years settings in maintained schools were not included in the 2005 Children, Schools and Families how many and what survey. proportion of childminders have been deregistered for In 2007 full day care staff in privately owned settings each reason for deregistration in each year since 2003. worked an average of 35 hours a week, compared with [289800] 27 hours for full day care staff in settings under voluntary ownership. 2007 data for all child care providers available Dawn Primarolo: These are matters for Ofsted. The is shown in the following table. Chief Inspector, Christine Gilbert, has written to the Average number of hours worked per week by child care staff, by ownership of hon. Member and copies of her replies have been placed setting, 2007 in the Libraries. Local School/ Private Voluntary authority college Other Letter from Christine Gilbert, dated 1 September 2009:

Full day care 35 27 32 32 34 Your recent parliamentary question has been passed to me, as Her Majesty’s Chief Inspector, for response. Full day care in 35 34 34 33 36 Children’s Table A shows figures for the number of childminders who Centres have resigned or had their registrations cancelled. Figures showing Sessional 18 18 24 20 16 cancelled and resigned childminders are retrieved from a snapshot After school 21 16 21 14 19 of the Ofsted database at the end of each financial year: 2003-04, clubs 2004-05, 2005-06, 2006-07 and 2008-09. Figures showing the total Holiday clubs 30 26 30 30 29 number of childminders are taken from a snapshot of the Ofsted Note: database at the start of each financial year. Data for other providers are not available by type of ownership. Although Ofsted records reasons for cancellation and resignation In 2006 full day care staff in privately owned settings on an individual basis, the information is not collated under worked an average of 35 hours a week, compared with categories, so it is not possible to produce aggregated data from it. 26 hours for full day care staff in settings under voluntary A copy of this reply has been sent to Rt Hon Dawn Primarolo ownership. 2006 data for all child care providers available MP, Minister of State for Children, Young People and Families, is shown in the following table. and will be placed in the library of both Houses. 191W Written Answers12 OCTOBER 2009 Written Answers 192W

Table A: Numbers and proportions of childminders deregistered in each financial year since 2003/04 Childminders Cancelled Resigned Total cancelled or resigned Number of childminders at the beginning of the Financial year financial year Number Percentage Number Percentage Number Percentage

2003/04 68,165 1,209 2 10,864 16 12,073 18 2004/05 72,386 2,970 4 12,373 17 15,343 21 2005/06 70,182 968 1 9,454 13 10,422 15 2006/07 71,622 3,204 4 9,739 14 12,943 18 2007/08 69,925 2,857 4 11,721 17 14,578 21 2008/09 64,648 1,445 2 10,345 16 11,790 18 Note: Percentages in the total column may not equal the sum of the other columns, because the figures are rounded.

Mrs. Maria Miller: To ask the Secretary of State for an Ofsted inspection in each year for which records are Children, Schools and Families what progress has been available. [290198] made towards meeting the target of each full daycare setting being led by a graduate and all childcare staff Dawn Primarolo: These are matters for Ofsted. The being qualified to level 3 by 2015. [289802] Chief Inspector, Christine Gilbert, will write to the hon. Member and copies of her replies will be placed in the Libraries. Mr. Coaker: The Childcare and Early Years Providers Survey collects information on staff qualifications that Letter from Miriam Rosen, dated 10 August 2009: are relevant to working with children and young people. Your recent parliamentary question has been passed to Ofsted The qualifications are grouped together in the levels for response. As Her Majesty’s Chief Inspector of Education, that they have been accredited with by the Qualifications Children’s Services and Skills, Christine Gilbert, is currently on leave, I am responding on her behalf. and Curriculum Authority; qualifications at level 6 or above are at degree level. The 2007 survey found that 16 Tables A to F below show the inspection grades of day care settings and childminders in Basingstoke since 2003. per cent. of full day care settings employ at least one The figures for each period are taken from a snapshot of data member of staff with qualifications at level 6 or above. at the end of each financial year. These data only include providers The survey also found that 64 per cent. of all staff (child that were active at this point. Additionally, the figures only count care staff, early years staff and childminders) held at the most recent inspection outcome for each provision at the time least a level 3 qualification. of the snapshot, provided their inspection reports had been published or quality assured and not withdrawn from publication. Mrs. Maria Miller: To ask the Secretary of State for Please note that the inspection judgements requested cover Children, Schools and Families (1) how many and what three inspection cycles. Those inspections carried out in the inspection cycle from April 2003 to end-March 2005 inspected the proportion of (a) day care settings and (b) quality of provision against the National Standards for under-eights childminders in Basingstoke have been awarded a and were graded on a three point scale. Those from April 2005 to rating of (i) outstanding, (ii) good, (iii) satisfactory and end-August 2008 were also inspected against the National Standards, (iv) inadequate following an inspection by Ofsted in but graded on the four point scale outlined in the question. It is each year since 2003; [289804] not possible to operate a simple read-across approach from a three-to a four-point scale. Care should be taken when interpreting (2) how many and what proportion of childminders data for ‘childcare on domestic premises’ as the numbers are so were deemed inadequate by Ofsted in the 10 per cent. small. (a) most and (b) least deprived local authority areas There was a further change of inspection framework following in 2008-09; [290195] the introduction of the Early Years Foundation Stage (EYFS) in (3) how many and what proportion of childminders September 2008. At this point, Ofsted also changed the way in were deemed inadequate by Ofsted in each year since which we record day-care provision, categorising providers as childcare on domestic and non-domestic premises. These categories inspections began; [290196] broadly relate to the previous category of group day-care provision. (4) how many and what proportion of day care The data for September 2008 to March 2009 are presented settings in the 10 per cent. (a) most and (b) least separately and, as above, it is not possible to operate a simple deprived local authority areas were awarded ratings of read-across between inspection frameworks. inadequate following an Ofsted inspection in 2008-09; Please note that the selection of provision for inspection each year is not random, so care needs to be taken when using the data. [290197] A copy of this reply has been sent to right hon. Dawn Primarolo (5) how many and what proportion of day care MP, Minister of State for Children, Young People and Families, settings were awarded ratings of inadequate following and will be placed in the Library of both Houses.

Table A: Inspection grades from inspections of childminders in Basingstoke, financial years 2003-05

Good Percentage Satisfactory Percentage Unsatisfactory Percentage Total

2003-04 22 33 45 67 0 0 67

2004-05 93 64 52 36 0 0 145 193W Written Answers12 OCTOBER 2009 Written Answers 194W

Table B: Inspection grades from inspections of childminders in Basingstoke, 2005-06 to end-August 2008 Outstanding Percentage Good Percentage Satisfactory Percentage Inadequate Percentage Total

2005-06 2 3 40 69 15 26 1 2 58 2006-07 0 0 26 55 16 34 5 11 47 2007-08 8 8 51 50 34 33 10 10 103 1 April 2 10 7 35 9 45 2 10 20 2008—31 August 2008

Table C: Inspection grades from inspections of childminders in Basingstoke, September 2008 to end-March 2009 Outstanding Percentage Good Percentage Satisfactory Percentage Inadequate Percentage Total

1 Sept. 7171740143341042 2008—31 March 2009

Table D: Inspection grades from inspections of day care providers in Basingstoke, financial years 2003-05 Good Percentage Satisfactory Percentage Unsatisfactory Percentage Total

2003-04 12 39 19 61 0 0 31 2004-05 26 67 13 33 0 0 39

Table E: Inspection grades from inspections of day care providers in Basingstoke, 2005-06 to end-August 2008 Outstanding Percentage Good Percentage Satisfactory Percentage Inadequate Percentage Total

2005-06 0 0 12 48 11 44 2 8 25 2006-07 2 8 12 46 10 38 2 8 26 2007-08 2 6 21 62 9 26 2 6 34 1 April 00563338008 2008—31 August 2008

Table F: Inspection grades from inspections of childcare on domestic and non-domestic premises in Basingstoke, September 2008 to end-March 2009 Outstanding Percentage Good Percentage Satisfactory Percentage Inadequate Percentage Total

Non- 3 17 9 50 4 22 2 11 18 domestic Domestic 0 — 0 — 0 — 0 — 0

Please note that percentages are rounded so may not Table 1: Number of vacancies full day care providers are trying to recruit for, by add up to 100 per cent. staff type and type of ownership, 2007 Percentage Data refers to financial years but is also split for 2008-09 due to the change of inspection framework Local School/ provision types on the 1 September 2008. Private Voluntary authority college Other

Supervisory staff Mrs. Maria Miller: To ask the Secretary of State for Children, Schools and Families what the average number None 45 58 24 42 76 of staff vacancies in (a) maintained nurseries, (b) private, 1 vacancy 41 39 40 39 24 voluntary and independent nurseries and (c) Sure Start 2 vacancies 12 2 11 14 — children’s centres was in each year since 2006. [290202] 3 or more 2—265— vacancies Mr. Coaker: The Childcare and Early Years Providers Survey collects information on recruitment and staff vacancies in child care and early year’s providers. Table Other paid staff 1 shows the proportion of full day care providers that were trying to recruit for vacancies in 2007, by type of None 45 38 63 42 — staff and ownership of the provision. 2007 is the most 1 vacancy 36 37 6 29 24 recent year for which this information is available. 2 vacancies 14 19 20 30 57 Table 1: Number of vacancies full day care providers are trying to recruit for, by staff type and type of ownership, 2007 3 or more 3210—19 Percentage vacancies Local School/ Note: Private Voluntary authority college Other Percentages may not sum to 100 per cent. due to ‘don’t know’ responses or rounding. Senior managers None 89 87 74 91 100 Table 2 shows the proportion of full day care 1 vacancy 9 13 15 9 — providers that were trying to recruit for vacancies in 2 vacancies 1 — 4 — — 2006, by type of staff and ownership of the provision. 3 or more 1————Data for previous years is not available in the format vacancies requested. 195W Written Answers12 OCTOBER 2009 Written Answers 196W

Table 2: Proportion of full day care providers trying to recruit for vacancies, by Table 2: Proportion of full day care providers trying to recruit for vacancies, by staff type and ownership, 2006 staff type and ownership, 2006 Percentage Percentage Local School/ Local School/ Private Voluntary authority college Other Private Voluntary authority college Other

Senior Note: managers Percentages may not sum to 100 per cent. due to ‘don’t know’ responses or None 86 88 68 79 73 rounding. 1 vacancy 13 12 32 17 27 The number of full day care providers in children’s 2 vacancies <1 0 0 4 0 centres who were trying to recruit staff was too low for 3 or more 00000analysis to be carried out. vacancies Mrs. Maria Miller: To ask the Secretary of State for Supervisory Children, Schools and Families how many and what staff proportion of carers in daycare settings for children None 42 49 37 43 81 were from (a) white and (b) black and minority ethnic 1 vacancy 44 46 36 48 10 groups in each year since 2003. [290360] 2 vacancies 10 5 13 5 9 3 or more 301440Dawn Primarolo: The Childcare and Early Years vacancies Providers Survey collects information on the ethnicity of staff in the child care and early years workforce. In Other paid 2007 only childminders and early years providers in staff maintained schools were asked about the ethnicity of None 51 43 61 53 35 their staff. Data on the ethnicity of staff in daycare 1 vacancy 34 42 14 35 48 settings was not collected. Table 1 shows the proportion 2 vacancies 11 13 15 4 9 of staff from white and black and minority ethnic 3 or more 411048groups by setting in 2007, the latest year for which this vacancies information is available.

Table 1: Ethnicity of staff in workforce in England, 2007 Proportion of staff not Proportion of BME staff from a BME group Number of staff not from (percentage) Number of BME staff1 (percentage) a BME group

Childminders 7 3,900 93 55,900 Nursery schools 12 600 88 4,400 Primary schools with nursery and reception 10 5,200 90 47,100 classes Primary with reception but no nursery classes 2 800 98 37,800 1 All numbers provided have been rounded. Figures have been rounded to the nearest 100 if they are greater than 1,000, to the nearest 50 if the number is 100-999 and to the nearest 10 if the number is below 100. Note: Figures on the number of staff from a BME group and the proportion and number not from a BME group have been estimated using the figures for the proportion of staff from a BME group and the overall paid number of staff.

Data on the number and proportion of staff in Mrs. Maria Miller: To ask the Secretary of State for daycare settings from white and black and minority Children, Schools and Families (1) how many and what ethnic groups for each year available since 2003 is proportion of childminders were from (a) white and shown as follows. (b) black and minority ethnic groups in each year since Table 2: Ethnicity of staff working in full day care settings in England 2003; [290361] 2003 2005 2006 (2) how many and what proportion of childminders Average proportion of BME staff 8109were from black and minority ethnic groups in (a) 2007 per setting (percentage) and (b) 2008. [289389] Average proportion of staff per 92 90 91 setting not from a BME group (percentage) Total number of BME staff 8,800 13,550 13,000 Dawn Primarolo: The 2007 Childcare and Early Years Total number of staff not from a 102,300 119,100 130,900 providers Survey estimated that 7 per cent. of childminders1 BME group working in England were from a black and minority Note: ethnic (BME) background, a total of approximately Full day care figures for 2005 and 2006 on the average proportion of staff per setting not from a BME group and the total number of staff not from a BME 3,900 individuals. group have been estimated using the figures for staff from a BME group and the overall number of paid staff. Data for each year are shown in the following table.

BME Childminders Childminders not from a BME group Proportion of childminders2 Number of BME Number of childminders not (%) childminders3 Proportion of childminders2(%) from a BME group3

2003 13 9,500 86 63,100 2004 7 4,000 92 53,200 197W Written Answers12 OCTOBER 2009 Written Answers 198W

BME Childminders Childminders not from a BME group Proportion of childminders2 Number of BME Number of childminders not (%) childminders3 Proportion of childminders2(%) from a BME group3

2006 6 3,600 93 53,800 2007 7 3,900 93 55,810 1 The data provided refers to the number and proportion of working childminders. Childminders who were registered but not working are not included. 2 Proportions may not sum to 100 per cent. due to rounding. 3 All numbers provided have been rounded. Figures have been rounded to the nearest 100 if they are greater than 1000, to the nearest 50 if the number is 100-999 and to the nearest 10 if the number is below 100.

Data for 2008 will be available when the 2008 Childcare providers may be registered on any combination of the EYR, and Early Years Providers’ Survey is published later this CCR and VCR, depending on the age of the children in their care year. and the type of care offered. Those providers who care for children from birth to the 31 August following their fifth birthday Childminders remain the child carers of choice for must register on the EYR, unless they are in a category that is thousands of families because of the high quality, flexible exempt from registration. Providers who care for older children and responsive service that they offer, but we are continuing who are under eight must be registered on the CCR. Other to work closely with sector partners (including the childcare providers, for example those caring for children over the National Childminding Association) to strengthen their age of eight, or caring for a child in the child’s own home, are not professional development and the quality of their provision. required to register with Ofsted, but may join the VCR. We are keen to see a diverse and vibrant childcare sector Ofsted only sets the maximum number of places for childcare which includes childminders from a range of minority provision registered on the EYR and the CCR. Numbers of registered places therefore indicate the maximum number of ethnic backgrounds. We will work with Ofsted and the children aged under eight that may be present at any one time. National Childminding Association (NCMA) to look The figures are not the number of places occupied, nor the at the factors which are leading to childminders from a number of children who may benefit from receiving places through BME backgrounds to choose to leave the childminding providers offering sessions at different times of the day. profession. The maximum number of places figures as at 31 March 2009 were calculated by combining the maximum number of places Mrs. Maria Miller: To ask the Secretary of State for recorded individually for both the Early Years Register (EYR) Children, Schools and Families how many and what and the compulsory part of the Childcare Register (CCR) for proportion of child care (a) places and (b) providers each provider. As explained when Ofsted published the March there were in the (i) maintained and (ii) private, 2009 figures, there is a strong possibility that these figures may be higher than the true overall maximum number of places, due to voluntary and independent sectors in (A) Hampshire the duplication of places on both registers for some providers. and (B) England on the latest date for which figures are Ofsted omitted the maximum numbers of childcare places as at available. [290365] 30 June 2009 from the figures published in July 2009, explaining that work was underway to improve the quality of these data. Dawn Primarolo: Ofsted maintains the new registers Ofsted will publish the maximum number of childcare places in established under the Childcare Act 2006. The chief the next childcare providers and places statistical release in October inspector, Christine Gilbert, has written to the hon. 2009, and in my Annual Report 2008/09, which will be published Member and copies of her replies have been placed in in November 2009. the House Libraries. A copy of this reply has been sent to Rt Hon Dawn Primarolo MP, Minister of State for Children, Young People and Families, Letter from Christine Gilbert, dated 8 September 2009: and will be placed in the library of both Houses. Your recent parliamentary question has been passed to me, as Her Majesty’s Chief Inspector, for response. Mrs. Maria Miller: To ask the Secretary of State for Table A provides figures for the total number of childcare Children, Schools and Families how many and what providers registered with Ofsted and the maximum number of childcare places these providers offer in Hampshire and England proportion of childcare staff had childcare as at 31 March 2009 and 30 June 2009. These figures represent qualifications which were obtained overseas in each of 100 per cent of the childcare registered by Ofsted. Please note that the last five years. [290400] we do not classify providers as ‘maintained’. Table A: Number of registered child care providers and maximum number of Mr. Coaker: The Childcare and Early Years Providers places offered Survey collects information on staff qualifications that Maximum number are relevant to working with children and young people. of registered places Total number of offered by providers The percentage of paid staff in England holding an providers for children under overseas qualification for each year available is shown Area registered eight in the following table. Information on the number of

31 March 2009 England 95,926 1,546,900 paid staff is not available. Hampshire 3,281 48,709 Table 1: Proportion of all paid staff holding overseas qualifications Percentage 2005 2006 2007 30 June 2009 England 95,535 — Hampshire 3,296 — Full day care <0.5 <0.5 <0.5 Full day care in children’s centres n/a <0.5 0 Please note that, as of 1 September 2008, the government Sessional <0.5 <0.5 <0.5 introduced new arrangements for the registration of childcare providers through the Childcare Act 2006. There are now two After school clubs n/a <0.5 <0.5 registers: the Early Years Register (EYR) and the Childcare Holiday clubs n/a <0.5 <0.5 Register. The Childcare Register is subdivided into two parts, the Childminders n/a <0.5 <0.5 compulsory part (CCR) and the voluntary part (VCR). Childcare Nursery schools n/a <0.5 <0.5 199W Written Answers12 OCTOBER 2009 Written Answers 200W

Table 1: Proportion of all paid staff holding overseas qualifications Table: Male staff working in full day care settings in England Percentage Average proportion of male Total number of male staff1 2005 2006 2007 staff per setting (%)

Primary schools with nursery and n/a 1 <0.5 2001 2 1,900 reception classes 2003 2 2,000 Primary schools with reception but n/a 0 <0.5 2005 2 2,500 no nursery classes 2006 2 2,500 Notes: 2007 2 2,900 1. Children’s centres were included in the survey for the first time in 2006; 1 therefore data is not available for previous years. All numbers provided have been rounded. Figures have been rounded to the 2. After school and holiday clubs were sampled differently in 2005 and comparable nearest 100 if they are greater than 1,000, to the nearest 50 if the number is figures for this year are not available. 100-999 and to the nearest 10 if the number is below 100. 3. Early years settings in maintained schools were not included in the 2005 survey. Mr. Jim Cunningham: To ask the Secretary of State Mrs. Maria Miller: To ask the Secretary of State for for Children, Schools and Families what steps the Children, Schools and Families how many registered Government has taken to ensure an adequate number childminders there were in each region in each quarter of free nursery places from autumn 2009. [291524] of the last year for which figures are available. [290460] Dawn Primarolo: Section 6 of the Childcare Act 2006 Dawn Primarolo: The information requested is shown places a new duty on all local authorities to secure—so in the table. far as is reasonably practicable—sufficient child care to meet the needs of parents (in particular those on low Number of registered childminders in each quarter of the last year1 incomes or with disabled children) in their area. As at end: Government August December Local authorities are also legally required to secure a office region 20082 20083 March 2009 June 2009 free Government-funded early education place (currently East of 7,700 7,400 7,200 6,500 for 12.5 hours per week over a minimum of 38 weeks England per year) for every three and four-year-old in their area. East Midlands 5,500 5,400 5,300 5,300 The offer will be extended to 15 hours per week, delivered Inner London 3,400 3,300 3,300 3,300 more flexibly to better suit families’ needs, by September Outer London 7,300 7,100 7,100 7,000 2010. From September 2009, most local authorities, North East 3,000 2,900 2,800 2,700 including Coventry, are offering the increased entitlement North West 7,200 7,000 6,900 6,200 to 25 per cent. of their most disadvantaged three and England four-year-olds, as part of the phasing in of the full South East 12,300 12,000 11,800 11,700 extension by 2010. England South West 5,900 5,700 5,600 5,500 In addition, the Department is working with Government England offices to support all local authorities to roll out an West 5,500 5,400 5,200 5,100 offer of free, Government-funded, early learning and Midlands care to 15 per cent. of the most disadvantaged two-year-olds Yorkshire and 5,900 5,700 5,600 5,600 the Humber in their area from September 2009. England 63,600 61,900 60,900 60,200 Notes: 1. Figures are rounded to the nearest 100. Totals may not add up due to Mr. Dhanda: To ask the Secretary of State for rounding. Children, Schools and Families whether the £671,000 2. Latest position before new arrangements were introduced in September grant allocated to Gloucester City Council by his 2008. 3. First position since new arrangements were introduced in September 2008. Department from the workplace nurseries capital Source: initiative has been repaid. [292174] Ofsted

New Registers, the Early Years Register and the Dawn Primarolo: Gloucestershire local authority was General Childcare Register (including its Voluntary allocated £671,770 capital funding for workplace nurseries Register), were introduced under the Childcare Act in 2008-09. This formed part of the main capital block 2006 as part of the Government’s reforms to simplify of the Sure Start, early years and child care grant and early years regulation and inspection. From 1 September contributed to the authority’s total allocation of £7,167,636 2008, Ofsted started to record providers in line with in that block. these new legal requirements. Funding in this block is not ring-fenced and the authority has the freedom to decide how much to spend Mrs. Maria Miller: To ask the Secretary of State for on each area supported by the grant, in line with local Children, Schools and Families how many and what needs and priorities. proportion of carers in daycare settings for children were male in each year since 1997. [290500] Local authorities claim their capital funding quarterly throughout the year and should only claim for what Dawn Primarolo: The 2007 Childcare and Early Years they have spent. The Department then makes adjustments Providers Survey estimated that the average proportion based on audited returns. The audited returns for 2008-09 of male staff working in full day care settings in England are not yet due, and therefore we do not have information was 2 per cent. In total, there was 2,900 male staff on how much has been spent by authorities in that year. working in full day care settings in England. Data for The Department allows the carry-forward of unspent each year available is shown in the following table. capital annually until the end of 2010-11 financial year. 201W Written Answers12 OCTOBER 2009 Written Answers 202W

Children: Social Services England in 2009. The following table gives the number of children’s centres designated in each month. Mrs. Maria Miller: To ask the Secretary of State for Number of Sure Start Children’s Children, Schools and Families (1) how much his Month Centres delivered Department has allocated to the Together for Children programme in 2010-11; [289308] January 4 (2) how much funding his Department has allocated February 4 to Together for Children (a) in each year since its March 93 establishment and (b) for 2009-10; [289339] April 1 May 3 (3) how much has been allocated to local authorities June 18 to employ Serco in supporting the implementation of July 12 the Sure Start programme in (a) each of the last three Total 135 years and (b) 2010-11. [289307]

Mr. Coaker: Together for Children, a consortium of Mr. Hepburn: To ask the Secretary of State for Serco, Tempus Resourcing Ltd, 4Children and Continyou, Children, Schools and Families (1) what estimate he was contracted as the Department’s delivery partner for has made of the number of Sure Start Children’s Sure Start Children’s Centres in October 2006 to provide Centres to be operational in 2010; [291545] support to local authorities to plan and deliver their (2) how many Sure Start Children’s Centres have (a) children’s centre programmes. The following table gives opened and (b) closed in (i) Jarrow constituency, (ii) details of the cost of the contract for each year since its South Tyneside, (iii) the North East and (iv) England in commencement. The costs of the contract are met each year since the inception of Sure Start centres; centrally by the Department. The Department has allocated [291547] approximately £7.2 billion to local authorities in capital and revenue funding for Sure Start Children’s Centres (3) how much capital his Department has provided and predecessor Sure Start Local Programmes since the for Sure Start children’s centres in (a) Jarrow inception of the programme. constituency, (b) South Tyneside, (c) the North East and (d) England in each year since the establishment Total cost (excluding VAT) of Sure Start; [291805] (£ million) (4) how many outreach workers have been employed 2006-07 3.4 in (a) Jarrow constituency, (b) South Tyneside, (c) the 2007-08 6.5 North East and (d) England in each year since 1997. 2008-09 7.2 [291546] 2009-101 7.5 2010-111 3.7 1 Estimated costs on current workplans Mr. Coaker: We are on track to achieve our target of at least 3,500 Sure Start children’s centres by March Children: Victim Support Schemes 2010, offering access to services for all children under five and their families. As of 31 July 2009, there were Mrs. Maria Miller: To ask the Secretary of State for 3,052 centres operational in England, providing access Children, Schools and Families what recovery services to services for over 2.4 million children and their families. are available to support child victims of violence, The following table gives details of how many centres abuse, neglect and maltreatment. [289572] have opened in (i) Jarrow constituency, (ii) South Tyneside, (iii) the North East and (iv) England in each year since Dawn Primarolo: Services to support the recovery of the inception of Sure Start children’s centres. To date, child victims of violence or maltreatment are provided no centres have been closed. by a variety of statutory and third sector organisations. The type of service required will depend on the needs of Table 1: Children’s centres opened the child and the way in which the violence or harm South may have had an effect on their health and development. Jarrow Tyneside North East England Where the child has been judged to be at continuing 2003 0 0 6 59 risk of significant harm and is the subject of a child 2004 1 2 25 130 protection plan, local authority children’s social care 2005 2 1 20 254 has lead responsibility for implementing the plan. In 2006 1 2 63 604 these circumstances, the services required are most likely 2007 1 1 33 838 to be provided by the local authority, health, voluntary 2008 0 1 35 1,029 and independent sectors. 2009 0 0 5 138 Total 5 7 187 3,052 Children’s Centres The Department allocates capital and revenue funding Mrs. Maria Miller: To ask the Secretary of State for for children’s centres and their predecessor Sure Start Children, Schools and Families how many Sure Start local programmes to local authorities. It is for local children’s centres have been built in each month of authorities to decide how to allocate funding between 2009. [289318] individual centres. The following table contains details of the capital allocations for South Tyneside, the North Dawn Primarolo: At the end of July 2009 a total of East and England in each of the years since the inception 135 Sure Start Children’s Centres were designated across of the Sure Start programme. 203W Written Answers12 OCTOBER 2009 Written Answers 204W

Table 2: Capital funding four will be located in Dacorum. There are no further £ centres planned for the Hemel Hempstead constituency. South Tyneside North East England

1999-20061 5,000,000 61,642,396 479,638,144 Mike Penning: To ask the Secretary of State for Children, Schools and Families how many Sure Start

2 children’s centres were operating in (a) Hemel 2003-04 0 1,500 1,947,523 Hempstead constituency, (b) Dacorum and (c) 2004-06 2,269,434 28,138,878 320,870,605 Hertfordshire on the latest date for which figures are 2006-073 634,779 13,226,762 272,254,576 available. [289635] 2007-083 1,227,885 24,026,753 545,033,570 2008-09 26,631 4,701,609 81,000,006 Mr. Coaker: As of July 2009 Hertfordshire Local 2009-10 45,999 3,867,777 169,000,002 Authority has 51 Sure Start Children’s Centres offering 2010-11 48,403 2,534,107 100,999,997 services to approximately 42,400 children under five 1 The first Sure Start Local Programmes (SSLPs) were set up in 1999-2000. SSLPs received a single capital allocation for the period 1999-2000 to 2005-06. and their families. Of these seven are located in Hemel 2 Sure Start children’s centres were introduced from 2003-04. All former SSLPs Hempstead constituency and six in Dacorum. have now become children’s centres. Capital funding for the Sure Start children’s centres capital programme was made available from 2003-04. 3 The 2006-07 and 2007-08 allocations are for the wider main capital block and Children’s Centres: Manpower includes funding for child care sustainability and extended schools, during these years local authorities had the flexibility to decide how much of their total capital allocation to spend on children’s centres and were not required to Mrs. Maria Miller: To ask the Secretary of State for provide a breakdown of the funding provided for children’s centres. Children, Schools and Families how many and what From 2006-07 children’s centres capital formed part proportion of Sure Start children’s centres have (a) a of the wider main capital funding block. From 2008-09 full-time manager and (b) a manager shared with the block comprised of funding for children’s centres, other children’s centres. [289322] early years provision, child care and integrated projects. Funding in the main capital block is not ring-fenced Dawn Primarolo: The Department does not collect and local authorities have the freedom to decide how this information. Local authorities have strategic much of their total capital allocation to spend on responsibility for the management of Sure Start Children’s children’s centres in line with local priorities. Centres and the freedom and flexibility to establish The Department does not collect information on the management arrangements that are appropriate to the number of outreach workers employed by children’s local context and the needs of their communities, especially centres. Staffing levels are a matter for local management taking into account the levels of disadvantage. by local authorities and their partner agencies. Mrs. Maria Miller: To ask the Secretary of State for Children’s Centres: Closures Children, Schools and Families whether his Department has issued any recent guidance on the recommended Mrs. Maria Miller: To ask the Secretary of State for number of outreach workers employed in each Sure Children, Schools and Families how many child care Start children’s centre in the most deprived communities. settings provided as part of a Sure Start children’s [289323] centre have closed in the last 12 months. [289311] Dawn Primarolo: The latest guidance on the Dawn Primarolo: We do not collect this information. recommended number of outreach workers employed Local authorities are responsible for ensuring there is in each Sure Start children’s centre serving the most sufficient child care for working parents in their areas. deprived communities is in ‘Sure Start Children’s Centres: The Department for Children, Schools and Families Phase 3 Planning and Delivery’, issued by the Department (DCSF) will continue to support local authorities to in November 2007. This suggests that in the most carry out their sufficiency duties to ensure that there is disadvantaged areas teams should include at least three an appropriate range of child care provision that meets outreach workers per children’s centre. It is for local the needs of different families in each area. We remain authorities, working with their children’s trust partners, committed to ensuring that high quality child care is to determine staffing levels in each centre based on an available for the most disadvantaged families, and children’s assessment of local needs. centres play a pivotal role in supporting this aim. Children’s Centres: Hertfordshire Children’s Trusts

Mike Penning: To ask the Secretary of State for : To ask the Secretary of State for Children, Children, Schools and Families how many further Sure Schools and Families what steps he is taking to increase Start children’scentres are planned for (a) Hemel Hempstead the participation of community and voluntary sector constituency, (b) Dacorum and (c) Hertfordshire; and organisations in Children’s Trusts. [289698] when he expects all such centres to be operational. [289421] Mr. Coaker: The Apprenticeships, Skills, Children and Learning Bill 2009 currently before Parliament will Dawn Primarolo: Hertfordshire local authority currently enable third sector organisations to become formal has 51 Sure Start Children’s Centres offering services to members of the Children’s Trust Board. Subject to approximately 42,400 children, with a further 31 planned consultation, statutory guidance will make clear that to be delivered by March 2010 in order to provide every Children’s Trust Board should include third sector universal coverage of children’s centre services for children representation. Additionally, we propose to require through under five and their families. Of the 31 planned centres, regulations that the voluntary, private and independent 205W Written Answers12 OCTOBER 2009 Written Answers 206W sector must be consulted by the Children’s Trust Board Mr. Coaker: The following table provides the on the preparation of the Children and Young People’s pupil:teacher ratio in local authority maintained primary Plan. and secondary schools in Birmingham, Sparkbrook and Small Heath constituency in each January from Rob Marris: To ask the Secretary of State for 2004 to 2009. Children, Schools and Families what sanctions he will Pupil:teacher ratios in local authority maintained1 primary and secondary use against partner organisations which do not meet schools, January 2004 to 2009, Birmingham, Sparkbrook and Small Heath the performance standards for Children’s Trusts. constituency [289699] Primary Secondary 2004 22.0 14.7 Dawn Primarolo: Comprehensive area assessment will 2005 22.2 15.2 provide an overview of how successfully local organisations 2006 21.4 14.8 are working individually and together to improve outcomes 2007 20.7 14.8 for children and young people in their area. Where 2008 20.7 14.3 performance standards are unacceptable, the Government 2009 20.4 14.3 will agree appropriate action with the relevant bodies. 1 Excludes academies and city technology colleges. Source: School Census Where there is critical or sustained underperformance, the Secretary of State has the power to intervene in a local authority (via section 497A of the Education Act Class Sizes: Hertfordshire 1996 and section 50 of the Children Act 2004). Class Sizes: Birmingham Mike Penning: To ask the Secretary of State for Children, Schools and Families what the average class Mr. Godsiff: To ask the Secretary of State for size was for (a) primary and (b) secondary schools in Children, Schools and Families what the average Dacorum (i) in 1997 and (ii) at the latest date for which pupil-to-teacher ratio maintained (a) primary and (b) figures are available. [289441] secondary schools in Birmingham, Sparkbrook and Small Heath constituency has been in each year since Mr. Coaker: The information requested is shown in 2004-05. [291440] the table.

Average class size1 of primary and secondary schools, 1997 and 2009, Dacorum Primary2 Secondary2, 3 Number of pupils Number of classes Average class size Number of pupils Number of classes Average class size

1997 11,440 417 27.4 7,910 390 20.3 2009 10,650 399 26.7 9,120 455 20.1 1 One teacher classes as taught during a single selected period in each school on the day of the census in January. 2 Includes middle schools as deemed. 3 Includes CTCs and academies. Note: Pupil numbers rounded to the nearest 10. Source: School Census.

Departmental Dismissal Number of staff dismissed

Justine Greening: To ask the Secretary of State for 2006-07 Less than 5 Children, Schools and Families how many staff have 2005-06 Less than 5 (a) been dismissed and (b) had their contract Staff may also be dismissed in law when a fixed term terminated by his Department and its predecessors in contract terminates at the end of the contract period each of the last five years; what the reason was in each and is not renewed is not included in the table. That case; and what the severance costs in relation to (i) information is not held in the format requested and dismissal and (ii) contract termination were in each could be provided only at disproportionate cost. such year. [290536] Information about the costs of terminating contracts is not held in the format requested and could be obtained Ms Diana R. Johnson: Staff may be dismissed for only at disproportionate cost. Staff who are dismissed poor performance, poor attendance or misconduct, and do not receive severance. the contract of employment terminated. Information for the Department and its predecessors in relation to dismissals for performance, attendance or misconduct Departmental Electronic Equipment is set out in the following table. Totals of less than five are suppressed on grounds of confidentiality. Justine Greening: To ask the Secretary of State for Children, Schools and Families how many (a) mobile Number of staff dismissed telephones and (b) Blackberrys were issued to staff of his Department in each of the last five years; and how 2009-10 (to date) Less than 5 many of these were issued to (i) new staff and (ii) 2008-09 7 existing staff following the (A) loss or (B) theft of a 2007-08 Less than 5 previous device. [290531] 207W Written Answers12 OCTOBER 2009 Written Answers 208W

Ms Diana R. Johnson: The information as requested Estimated average length of is not held centrally within the Department for Children, Pay band employment (years) Schools and Families (DCSF). To respond fully would involve an information collection exercise which would Grade 6 16.1 exceed the recommended disproportionate cost threshold. Grade 7 18.0 SEO 17.7 Departmental Female Staff HEO 14.4 EO 15.4 Mrs. Maria Miller: To ask the Secretary of State for EA 13.5 Children, Schools and Families how many and what proportion of female senior civil servants in his John Mann: To ask the Secretary of State for Department have worked part-time in each year since Children, Schools and Families how many staff there his Department was established. [289801] were in (a) his Department’s predecessor in 1997 and (b) his Department on the latest date for which figures Ms Diana R. Johnson: Information for the Department are available. [292057] since its creation on 28 June 2007 is set out in the following table. Ms Diana R. Johnson: Staffing information for the Department for Children Schools and Families and its Number of SCS part- Proportion predecessor in 1997, and time women (Percentage) Employment, is published on the Civil Service website July 2007 to March 814at: 2008 http://www.civilservice.gov.uk/about/who/statistics/index.aspx April 2008 to March 11 16 2009 Departmental Marketing

Departmental Flexible Working Mr. Philip Hammond: To ask the Secretary of State for Children, Schools and Families with reference to Justine Greening: To ask the Secretary of State for the answer of 25 November 2008, Official Report, Children, Schools and Families what flexi-time column 1423W, on departmental marketing, how many arrangements were available to staff of his Department staff in his Department are responsible for branding and its predecessors in each of the last five years; and activity; and what the cost of employing such staff was how many staff participated in such arrangements in in 2008-09. [290217] each such year. [290538] Ms Diana R. Johnson: The Department has one Mr. Coaker: The information is available within the full-time equivalent member of staff responsible for Department’s annual reports on the DCSF website branding activity, employed at a cost of £45,256.75 in http://www.dcsf.gov.uk/aboutus/reports/ 2008-09. The Department offer a range of flexible work Departmental Motor Vehicles arrangements to all employees including compressed hours, flexitime, home working, job sharing, partial Andrew Stunell: To ask the Secretary of State for retirement, part-time working and part-year working. Children, Schools and Families how much his Employees from Grade 6 to Executive Assistant can Department spent on hire vehicles in each of the last work flexitime and employees at Grades 6 and 7 were five financial years. [291601] added to these arrangements from 8 September 2008, however, these arrangements are not available to members Mr. Coaker: The data requested was for the Department of the Senior Civil Service. All employees can agree for Children, Schools and Families (DCSF). DCSF was with their line managers to work from home occasionally established under the machinery of Government changes and 64 per cent. have broadband access to the Department’s on 28 June 2007, therefore the response covers its systems through authorised encryption. predecessor the Department for Education and Skills Records of hours worked are held locally and can be (DFES). obtained only at disproportionate cost. Total spend for hire vehicles during the last five financial years is £618,315.00. Departmental Manpower Departmental Non-Domestic Rates Justine Greening: To ask the Secretary of State for Children, Schools and Families what estimate he has Justine Greening: To ask the Secretary of State for made of the average length of employment of staff of Children, Schools and Families how many properties his Department at each Civil Service payband. [290534] owned by the Department and its predecessors were liable for payment of (a) business rates and (b) empty Ms Diana R. Johnson: The information is as follows: property rates in each of the last five years; and what the bill for each was in each such year. [290539] Estimated average length of Pay band employment (years) Ms Diana R. Johnson: The Department for Children, Schools and Families and its predecessors has spent the Directors General and above 14.8 following on business rates in each of the last five years. Director 17.0 The Department did not own any properties that were Deputy Director 16.8 subject to empty property rates during this period. 209W Written Answers12 OCTOBER 2009 Written Answers 210W

Business rates £ Property 2004-05 2005-06 2006-07 2007- 08 2008-09

Wales Bar Sheffield 23,028 21,005 18,881 16,699 4,261 Castle View House 322,368 320,496 320,961 326,118 309,540 Runcorn Mowden Hall 187,335 184,414 189,221 194,028 201,275 Darlington Sheffield Nursery 4,788 5,768 6,711 0 0 Moorfoot Sheffield 912,000 1,075,866 1,117,140 939,060 977,130 Total 1,449,519 1,607,549 1,652,914 1,475,905 1,492,206

Departmental Official Hospitality director or above) are acting as host and expenditure must be approved in advance by a director or executive board member. Michael Gove: To ask the Secretary of State for Children, Schools and Families how much his Departmental Part-Time Employment Department has spent on hospitality in the last 12 months. [286389] Mrs. Maria Miller: To ask the Secretary of State for Children, Schools and Families how many and what Mr. Coaker [holding answer 13 July 2009]: Details of proportion of staff in his Department have worked expenditure on entertainment incurred by the Department part-time in each year since the Department was are set out as follows: established. [289797] 2008-09: £17,371 This figure shows the cost of personal entertainment Ms Diana R. Johnson: Information for the Department incurred directly by Ministers and senior departmental since its creation on 28 June 2007 is as follows: officials in order to further departmental business. Number of part-time Proportion The Department’s policy on entertainment is in staff (percentage) accordance with the principles of Treasury guidance in July 2007 to March 471 15 “Managing Public Money” and the handbook on 2008 “Regularity, Propriety and Value for Money”. April 2008 to March 481 15 Entertainment expenditure is limited to occasions 2009 when official business can best be transacted in that Departmental Paternity Leave way. Personal entertainment, in the form of hospitality, is usually restricted to where senior managers (deputy director or above) are acting as host and expenditure Justine Greening: To ask the Secretary of State for must be approved in advance by a director or executive Children, Schools and Families how many staff took board member. paternity leave from his Department and its predecessors in each of the last five years; and what the average length of such leave has been. [290537] Mrs. Villiers: To ask the Secretary of State for Children, Schools and Families pursuant to the answer Ms Diana R. Johnson: The information is set out in of 12 January 2009, Official Report, column 9W, on the following table: departmental official hospitality, how much his Department spent on entertainment and hospitality in Number of staff 2008-09. [290169] 2006-07 12 Ms Diana R. Johnson: Details of expenditure on 2007-08 14 entertainment incurred by the Department are set out 2008-09 15 as follows: Employees in the Department are currently allowed 2008-09: £17,371 15 days paternity leave, and before 1 April 2007, it was The figure includes expenditure incurred by Ministers 10 days. and senior departmental officials. The figure excludes Departmental Pay costs incurred as part of official events or formal meetings held to further departmental business which are not separately identifiable on the Department’s accounting Justine Greening: To ask the Secretary of State for system. Children, Schools and Families what employee reward schemes are offered to staff of his Department; what The Department’s policy on entertainment is in the purpose of each scheme is; how many staff accordance with the principles of Treasury guidance in participate in each scheme; and what the cost of “Managing Public Money and the handbook on operating each scheme was in each of the last five “Regularity, Propriety and Value for Money”. years. [290540] Entertainment expenditure is limited to occasions when official business can best be transacted in that Ms Diana R. Johnson: Under the Department’s reward way. Personal entertainment, in the form of hospitality, and recognition policies1, employees can receive one or is usually restricted to where senior managers (deputy more of the following: 211W Written Answers12 OCTOBER 2009 Written Answers 212W

Non-Consolidated Performance Payment Ms Diana R. Johnson: The Department was established One-off performance payment where an employee in June 2007. Completed consultations undertaken since below the senior civil service (SCS) is judged to have that date are outlined in the following table. performed to category level 1 or 2+ or a member of the SCS is judged to have performed to performance groups Consultations completed 1 and 2 levels in the reporting year. 2007 (from 28 June) 13 2008 37 Staff 2009 (to date) 22 Total (SCS and non Number Percentage SCS) (£ million) Departmental Recruitment 2004-05 1,447 32 1.5 2005-06 1,408 33 1.8 Mr. Hoyle: To ask the Secretary of State for 2006-07 1,235 33 1.9 Children, Schools and Families what data his 2007-08 1,669 51 2.1 Department holds on the level of diversity in the 2008-09 1,403 51 1.9 recruitment of employees by his Department and its predecessor in each of the last three years. [290502] Instant Reward2 Ms Diana R. Johnson: Information on the level of One-off payment in the form of a voucher based on diversity in the recruitment of employees in the Department staff nomination of any DCSF employee, team or is available within the external recruitment tables of the directorate whose actions have demonstrated initiative Department’s annual reports on the DCSF website and significant impact in relation to the departmental priority areas of outcome and people management, http://www.dcsf.gov.uk/aboutus/reports/ customer service or collaborative working Departmental Recycling

Staff (number) Total (£) Stewart Hosie: To ask the Secretary of State for 2007-08 1,695 103,495 Children, Schools and Families what proportion of his 2008-09 2,464 151,315 Department’s waste was recycled in the latest period for which figures are available. [289665] Staff Suggestion scheme Ms Diana R. Johnson: The latest Sustainable One-off payment for employee ideas judged by the Development in Government report for 2007/08 noted relevant team, based on criteria, to merit a cash reward. 58.9 per cent. of the Department’s waste was recycled. Results for the 2008/09 report are currently being evaluated. Staff (number) Total (£) Departmental Sick Leave 2004-05 1 50 2005-06 8 250 2006-07 0 0 Justine Greening: To ask the Secretary of State for 2007-08 2 75 Children, Schools and Families how many sick days 2008-09 5 200 were taken by staff of his Department in each of the last five years; and what the cost to the public purse of such absences was in each such year. [290533] Long Service Award3 For completion of 25 years service where employees Ms Diana R. Johnson: The Department was set up as are eligible for a gift up to the value of £250, or one part of the Machinery of Government (MOG) changes week’s paid special leave. on 28 June 2007, so the figures apply from 1 July 2007. Sickness absence data for the Department since its Staff (number) Total (£) inception, including the average number of working days lost, are published on the Department’s website: 2004-05 — 0 http://www.dcsf.gov.uk/sicknessabsence/ 2005-06 — 0 2006-07 19 2,848 Due to the wide range of posts and salary points in 2007-08 24 5,750 the Department, the actual cost of those absences could 2008-09 36 9,000 be obtained only at disproportionate cost. 1 Department for Education and Skills to 27 June 2007 and Departmental Training Department for Children, Schools and Families from 28 June 2007 John Mason: To ask the Secretary of State for 2 Introduced in July 2007 Children, Schools and Families how many external 3 Based on those employees taking the cash option. training courses were attended by staff of his Department in the last 12 months; and what the cost Departmental Public Consultation was of each course. [289690]

Mrs. Maria Miller: To ask the Secretary of State for Ms Diana R. Johnson: The Department does not Children, Schools and Families how many collect this information centrally in the form requested. consultations have been completed by his Department Information on the number of external training courses in each year since its establishment. [290199] attended by employees in the last 12 months and the 213W Written Answers12 OCTOBER 2009 Written Answers 214W cost of each course is held locally and could be obtained Maintained primary and secondary schools in surplus1 in England and York and 2 only at disproportionate cost. Hertfordshire local authorities,1999-2000 to 2007-08 Number The criteria for funding any external training courses LA name Primary schools Secondary will be driven by Professional Skills for Government. in surplus schools in surplus Education Maintenance Allowance: East of England 1999-2000 England 16,695 2,700 Hertfordshire 400 75 Mr. Vara: To ask the Secretary of State for Children, Schools and Families how many students in post-16 education in each local authority area in the East of 2000-01 England 17,138 2,919 England were in receipt of education maintenance Hertfordshire 421 79 allowance in each year since the scheme was introduced. [289297] 2001-02 England 17,093 2,857 Hertfordshire 418 76 Mr. Iain Wright: This is a matter for the Learning and Skills Council (LSC) who operate the Education 2002-03 England 16,535 2,693 Maintenance Allowance (EMA) for the Department for Hertfordshire 415 68 Children, Schools and Families (DCSF). Geoffrey Russell the LSC’s Acting Chief Executive, will write to the hon. Member for North West Cambridgeshire with the 2003-04 England 16,187 2,756 information requested and a copy of his reply will be Hertfordshire 403 67 placed in the House Libraries. 2004-05 England 16,506 2,834 Education Maintenance Allowance: Hertfordshire Hertfordshire 413 73

Mike Penning: To ask the Secretary of State for 2005-06 England 16,302 2,745 Children, Schools and Families how many students in Hertfordshire 396 79 post-16 education in (a) Hemel Hempstead constituency and (b) Dacorum are in receipt of education maintenance allowance. [289422] 2006-07 England 16,213 2,740 Hertfordshire 398 79 Dawn Primarolo: This is a matter for the Learning and Skills Council (LSC) who operate the education 2007-08 England 16,276 2,829 maintenance allowance (EMA) for the Department for Hertfordshire 401 76 Children, Schools and Families (DCSF). Geoffrey Russell 1 A school’s total revenue balance is calculated from the combination of any the LSC’s Acting Chief Executive, will write to the hon. unspent allocations (including unspent Standards Fund grants) and the Member with the information requested and a copy of cumulative balance of income less expenditure from revenue funding sources during the financial year and any balances carried forward from previous his reply will be placed in the House Libraries. years. This is drawn by adding together the unspent allocations and balance carried forward columns from local authorities Section 52 Outturn Statements Education: Finance 1999-2000 to 2001-02 (Table 2), Consistent Financial Reporting categories B01 and B02 from local authorities Section 52 Outturn Statements (Table B) 2002-03 to 2005-06 and Consistent Financial Reporting categories B01, B02 Mike Penning: To ask the Secretary of State for and B06 from local authorities Section 52 Outturn Statements (Table B) 2006-07 onwards. Children, Schools and Families (1) how many 2 School level revenue balances are not available prior to the inception of secondary schools in (a) Hemel Hempstead Section 52 for the 1999-2000 financial year. constituency, (b) Dacorum, (c) Hertfordshire and (d) In February 2009, we published the figures for balances England have had revenue balances in excess of those and deficits held by schools for the financial year 2007-08. predicted in each year since 1997; [289462] Last month, the Department began receiving submissions (2) how many primary schools in (a) Hemel from local authorities providing information for 2008-09. Hempstead constituency, (b) Dacorum, (c) The Department is now in the process of confirming Hertfordshire and (d) England have had revenue and clarifying this information and we expect to publish balances in excess of those predicted in each year since the figures for balances and deficits held by schools for 1997. [289463] the financial year 2008-09 in 2010.

Mr. Coaker: The Department collects figures of the Education: Hertfordshire balances held by schools and the amount of revenues raised by schools via the Section 52 Outturn statements. Mike Penning: To ask the Secretary of State for We have collected information on balances since 1999-2000. Children, Schools and Families how much capital There are no figures available for previous years. The expenditure from the public purse there has been in the Section 52 Outturn statements are completed by all education sector in (a) Hemel Hempstead local authorities in England and we request only the constituency and (b) Dacorum since 1997. [289423] final figures for the schools in their area. We do not collect predicted figures. Mr. Coaker: The Department allocates much of its The following table shows the number of schools in capital resources to local authority areas. Information Hertfordshire and England that held surplus balances by constituency or for Dacorum only is not held centrally. from 1999-2000 to 2007-08. The Department does not Support for capital investment in schools in Hertfordshire hold figures by constituency. is shown in the table. 215W Written Answers12 OCTOBER 2009 Written Answers 216W

Dawn Primarolo: Chapter 4 of the “Safeguarding Financial year Schools (£ million) Children and Safer Recruitment in Education” guidance, 1997-98 12.0 which came into force on 1 January 2007, sets out the 1998-99 14.9 Department’s strong recommendation that volunteers 1999-2000 15.2 who help regularly with activities associated with the 2000-01 36.7 school or further education college and are in unsupervised 2001-02 32.1 contact with children, including new host families who 2002-03 56.7 provide care for students from overseas, should be CRB 2003-04 55.2 checked. 2004-05 75.7 Under the new vetting and barring scheme those who 2005-06 78.2 provide care and accommodation for children under 18 2006-07 68.0 for reward or by arrangement made outside the family 2007-08 65.9 will be engaged in ’regulated activity’, and this is made 2008-09 168.2 clear in interim guidance the Government are issuing 2009-10 188.6 today about the new scheme. This means that in a two 2010-11 148.0 parent family, both parents will have to register with the scheme. Further guidance about registration with the 1 Includes Primary Capital Programme. Figures reflect capital allocations brought forward from 2010-11 to 2009-10 as part of the fiscal ISA, which begins in summer 2010, will be produced in stimulus initiative. due course. We cannot impose this requirement on host In addition, Hertfordshire has a Building Schools for families in other countries who provide care for British the Future wave 4 project with an indicative allocation children. of £134.5 million of conventional funding and £148.2 However schools should satisfy themselves that adequate million of PFI credits. safeguarding arrangements have been put in place to protect children. Education: Internet Employment Tribunal Service Mr. Gibb: To ask the Secretary of State for Children, Schools and Families what funding his Department has Justine Greening: To ask the Secretary of State for allocated for the provision of online learning grids; and Children, Schools and Families how many times his Department and its predecessors have been taken to an through which bodies such funding is paid. [289599] employment tribunal in each of the last five years; what Ms Diana R. Johnson: The DCSF does not provide the reason cited in each case was; and in how many (a) any dedicated funding to schools or local authorities cases the tribunal found in favour of the employee (b) [290535] that must be spent on the provision of online learning and Department. grids. Ms Diana R. Johnson: The Department has defended one case in each of the financial years 2007-08 and Education: Travelling People 2008-09 in employment tribunal hearings. The tribunal found in favour of the Department and predecessor, the Mrs. Spelman: To ask the Secretary of State for Department for Education and Skills, in both cases. Children, Schools and Families what guidance his Information for 2005-06 and 2006-07 financial years Department and its agencies have provided for local could be obtained only at disproportionate cost. authorities on the priority admission of children of Further details on the above cases are suppressed on Travellers to state schools. [290285] grounds of confidentiality. Ms Diana R. Johnson: The School Admissions Code, GCSE which came into force on 10 February 2009, provides statutory guidance on the application and allocation of Mr. Laws: To ask the Secretary of State for Children, school places for all admission authorities in England. Schools and Families what proportion of children Local authorities are required to maintain Fair Access obtained GCSEs at grade C or above in (a) English, Protocols to ensure that access to education is secured (b) mathematics, (c) a modern language, (d) history, quickly for children who have no school place but for (e) physics, (f) chemistry and (g) biology in each year whom a place at a mainstream school or alternative between 1997 and 2008; and if he will make a provision is appropriate. Children of Travellers, who statement. [285459] may have difficulty securing a school place, are covered in the Fair Access Protocols. Mr. Coaker: The proportion of children who achieved a grade C or above in each of the specified subjects at Educational Visits: Vetting key stage 4, from 1997 to 2008, are shown in the following table. The figures provided show the proportion Mr. Brady: To ask the Secretary of State for of all pupils who achieved a grade C or above, regardless Children, Schools and Families what guidance his of how many pupils were entered for the GCSE in Department provides on overseas exchange visits for question. children of school age, with particular reference to The number of pupils sitting a modern language whether Criminal Records Bureau checks should be GCSE has fallen since languages ceased to be compulsory undertaken for (a) British families having contact with at KS4 in 2004. However, for those sitting a GCSE, the children and (b) overseas families who have contact proportion achieving a grade C or above has risen from with visiting British children. [292146] 48 per cent. in 1997 to 69 per cent. in 2008. 217W Written Answers12 OCTOBER 2009 Written Answers 218W

Percentage Subject 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

English 50 51 53 54 54 55 56 56 58 59 60 61

Mathematics 43 43 45 46 48 49 48 50 52 53 55 55

History 20 19 20 20 20 20 20 21 21 21 21 21

Sciences Physics 5666666677710 Chemistry 5666666677710 Biology 5666666677810 Single Award 22221211222n/a Science Double Award 36 37 38 39 40 40 40 40 40 39 39 n/a Science Science n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 45 Additional science n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 37

Languages French 25 26 27 27 27 27 24 23 23 21 19 18 German121212121212111110988 Spanish 334445555566 Other modern 222223332222 language n/a = Not applicable. Notes: 1. Figures in recent years are for all pupils at the end of key stage 4, figures prior to 2005 are for all 15-year-old pupils. 2. 2005 figures are available for 15-year-olds as well as for pupils at the end of key stage 4. A comparison of the two has shown the change in coverage does not affect the result by more than one percentage point in any of the given subjects.

Detailed figures for 2008 can be found in the following Table 1 is derived from the Youth Cohort Study (data Statistical First Release: GCSE and Equivalent Results from 1999 to 2006) and the Longitudinal Study of in England, 2007/08 (Revised) at: Young People in England (2006 only). It shows the http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000826/ proportion of young people in England from two-parent, SFR02_2009_AdditionalTables_Amended030309-2.xls (table 11) lone father, and lone mother households who achieved 5 GCSEs at A*-C in the years 1999, 2001, 2003 and GCSE/Further Education 2006. Table 1

Mr. Graham Stuart: To ask the Secretary of State for Percentage gaining 5 GCSEs (inc equivalents) at A*—C by Year 11 Children, Schools and Families (1) what percentage of in given year children living in a two-parent household gained 5 1999 2000 2001 2002 2003 2004 2005 2006 GCSEs at grade A* to C in each year since 1997; and if he will make a statement; [290044] Two 52 — 56 — 57 — — 64 (2) what percentage of children living in a single- parents parent household with their (a) mother and (b) father Father 40 — 32 — 34 — — 42 gained 5 GCSEs at grade A* to C in each year since only 1997; and if he will make a statement; [290045] Mother 40 — 39 — 41 — — 47 (3) what percentage of children living in a two- only parent household went on to study (a) for A-levels and Notes: (b) for a university course in each year since 1997; and 1. Data relate to England and Wales, however, 2006 relates to England only. 2. Cases which are missing, not applicable, refused, not stated, or not known are if he will make a statement; [290046] excluded. (4) what percentage of children living in a single- Source: parent household with their (a) mother and (b) father YCS Cohorts 10, 11, 12, 13; LSYPE Wave 4. went on to study (i) for A-levels and (ii) for a university course in each year since 1997; and if he will make a Tables 2a and 2b overleaf are derived from the Youth statement. [290047] Cohort Study and the Longitudinal Study of Young People in England. They show: Mr. Coaker: The Department does not hold (a) The proportion of young people from two-parent administrative data on the attainment and progression lone-father and lone-mother families who went of to in learning of young people by household characteristics study A-levels (AS or A2) at the age (academic) of 16. for each year since 1997, but it does hold survey-based estimates of GCSE results and progression to A-level (b) The proportion of young people from two-parent, for the years 1999, 2001, 2003 and 2006, and for progression lone-father and lone-mother families who began a full-time to Higher Education in the years 2001, 2003 and 2005. Higher Education course at the age (academic) of 18. 219W Written Answers12 OCTOBER 2009 Written Answers 220W

Table 2a Dawn Primarolo: As of 21 August 2009, 18 Steiner Percentage studying for A-levels(AS or A2) at academic age 16 Waldorf settings have applied for exemptions from 1999 2000 2001 2002 2003 2004 2005 2006 and/or modifications of the Early Years Foundation Two 44 — 48 — 51 — — 53 Stage. Two Steiner Waldorf settings have completed the parents exemptions process. Both applicants have been granted modifications and/or exemptions from the EYFS Learning Father 32 — 24 — 30 — — 34 and Development requirements. only Mother 33 — 33 — 35 — — 40 only Mrs. Maria Miller: To ask the Secretary of State for Notes: Children, Schools and Families how many and what 1. Data relate to England and Wales, however data for 2006 relates to England proportion of (a) private, voluntary and independent only. nurseries and (b) Sure Start children’s centres had at 2. Cases which are missing, not applicable, refused, not stated, or not known are excluded. least one member of staff with Early Years Source: professional status in each year for which figures are YCS Cohorts 10, 11, 12, 13; LSYPE Wave 4 available. [289317] Table 2b Percentage studying full-time HE at academic age 18 Dawn Primarolo: The information requested is not 2001 2002 2003 2004 2005 collected centrally. Two 27 — 30 — 33 parents Mrs. Maria Miller: To ask the Secretary of State for Father only 19 — 15 — 20 Children, Schools and Families (1) how many and what Mother 20 — 18 — 23 proportion of children achieved the national standard only in each of the Foundation Stage Profile assessments in Notes: [289324] 1. Data relate to England and Wales each year for which information is available; 2. Cases which are missing, not applicable, refused, not stated, or not known are (2) how many and what proportion of children in excluded. Source: (a) each region and (b) England have been working YCS Cohorts 10, 11, 12 securely within each of the 13 assessment scales of the Members: Correspondence Foundation Stage Assessment Profiles in England in each year since 2005. [290200]

Sir : To ask the Secretary of State for Mr. Coaker: The information available for 2006 to Children, Schools and Families when the Parliamentary 2008 is shown in table 3a of Statistical First Release Under Secretary of State will reply to the letter from the 25/2008, available at hon. Member for West Worcestershire, dated 9 June http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000812/ 2009, on adoption. [289866] index.shtml Ms Diana R. Johnson: The Baroness Morgan of The information available for 2005 is shown in table 3a Drefelin replied to the letter from the hon. Member for of Statistical First Release 32/2007, available at West Worcestershire on 13 August, 2009. http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000752/ index.shtml OFSTED: Energy The information available for 2007 and 2008 can be found in tables B and C of the additional Local Authority Greg Clark: To ask the Secretary of State for Children, and Government Office Region tables of Statistical Schools and Families if he will place in the Library a First Release 32/2007, available at copy of the (a) display energy certificate and (b) advisory http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000752/ report for public buildings issued in respect of each index.shtml property occupied by the Office for Standards in Education, and 25/2008, (available at: Children’s Services and Skills. [289845] http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000812/ index.shtml Ms Diana R. Johnson: The Office of Government respectively. Commerce (OGC) publish central Government Departments’ Display Energy Certificate (DEC) operational The information available for 2005 and 2006 can be ratings (building by building level) on their website found in table B of the additional local authority tables accessible via the following link: of SFR 03/2006, available at http://www.ogc.gov.uk/government_delivery_display_ http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000634/ energy_certificate_data.asp index.shtml DEC reference numbers for each building can be and SFR 03/2007, (available at used to view each advisory report accessible via the http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000704/ following link: index.shtml http://www.ndepcregister.com/home.html respectively.

Pre-School Education Mrs. Maria Miller: To ask the Secretary of State for Children, Schools and Families how many and what Mrs. Maria Miller: To ask the Secretary of State for proportion of children in the 30 per cent most deprived Children, Schools and Families how many Steiner nurseries areas have been working securely within each of the 13 have applied for exemption from the Early YearsFoundation assessment scales of the Foundation Stage Assessment Stage since September 2008. [289316] Profiles in England in each year since 2005. [290201] 221W Written Answers12 OCTOBER 2009 Written Answers 222W

Mr. Coaker: I refer the hon. Member to the reply Census as delivering the free entitlement from 2004-2009 given on 28 January 2009, Official Report, column in each local authority area. 656W. The number of PVI providers not delivering the free entitlement is not known. Pre-School Education: Finance Table 1: Number of private, voluntary and independent providers that received funding to deliver the free entitlement, position in January each year Local Mrs. Maria Miller: To ask the Secretary of State for authority area 20041 20051 20061 20071 20082 20092 Children, Schools and Families what funds his Department has made available to increase the early City of 777644 years entitlement to 25 hours per week from September London Camden 88 79 86 86 85 83 2009. [289313] Greenwich 62 63 66 64 64 66 Hackney 85 94 94 84 95 95 Dawn Primarolo: From September 2009, all local Hammersmith 63 64 67 66 65 64 authorities will roll out an extended 15-hour, flexible, and Fulham free, early education entitlement to their most disadvantaged Islington 80 78 77 75 71 64 children. A year later the rollout will be completed, with Kensington 47 49 46 44 43 40 every three and four-year-old eligible to receive 15 hours and Chelsea early education free per week, to be delivered more Lambeth 100 77 112 107 110 109 flexibly in response to parental demand. Lewisham 99 85 103 95 89 89 £590 million has been made available over 2008-11 to Southwark 95 104 101 95 90 86 Tower 56 54 56 52 53 51 fund the additional 2.5 hours per week of provision and Hamlets more flexible delivery. This funding is over and above Wandsworth 130 115 131 124 120 122 that which local authorities currently receive through Westminster 62 50 61 56 62 67 the Dedicated Schools Grant (DSG) for a 12 and a half Barking and 27 30 31 33 36 38 hour free entitlement. Dagenham Over the same period, £642 million capital funding Barnet 122 125 121 114 111 114 has been made available to improve the quality and Bexley 61 65 64 66 68 70 capacity of child care in the private, voluntary and Brent 80 87 86 85 87 84 independent (PVI) sector, to help deliver the extension Bromley 159 152 169 158 159 158 of the 15 hours free entitlement for three and four-year-olds Croydon 128 142 138 141 139 145 and equip settings with facilities for children with disabilities Ealing 95 104 106 101 101 98 so there are no barriers for any child accessing child Enfield 95 99 104 103 107 105 care. Haringey 55 74 70 70 70 68 The Government have also committed, from 2011, to Harrow748074767978 funding the cost of all children starting school in the Havering858892949894 September after their fourth birthday, and the full-time Hillingdon 78 74 72 75 73 71 costs (up to 25 hours per week) of those children whose Hounslow 65 69 72 72 62 70 Kingston upon 46 51 52 49 50 52 parents would prefer them to be in private or voluntary Thames early years provision. Merton 54 63 63 59 61 63 Newham 56 54 58 54 60 58 Mrs. Maria Miller: To ask the Secretary of State for Redbridge 76 78 78 80 79 81 Children, Schools and Families how many and what Richmond 98 104 106 101 103 104 proportion of (a) childminders and (b) private, upon Thames voluntary and independent nurseries have received Sutton 696869646261 funding from the Early Years Capital Grant. [289315] Waltham 72 72 74 70 65 66 Forest Birmingham 332 344 360 341 358 361 Dawn Primarolo: Information is not collected on the Coventry 99 106 105 111 109 111 number and proportion of early years and child care Dudley 83 87 87 79 80 80 providers who have received funding from the Early Sandwell 39 47 46 50 50 56 Years Capital Grant. Solihull667070778384 Walsall 31 30 33 34 34 37 Mrs. Maria Miller: To ask the Secretary of State for Wolverhampton 29 31 39 34 30 30 Children, Schools and Families how many and what Knowsley141317181717 proportion of private, voluntary and independent Liverpool 125 124 129 129 119 118 nurseries have received funding from local authorities St. Helens 53 53 54 52 51 52 to deliver the free early years entitlement in each local Sefton 737576777674 authority in each year since 2004. [289799] Wirral 118 124 130 119 119 119 Bolton868389838484 Dawn Primarolo: The Early Years Census collects Bury 56 57 66 67 64 63 information from local authorities on Private, Voluntary Manchester 117 116 122 120 120 124 and Independent (PVI) providers delivering the free Oldham 92 101 94 94 90 87 entitlement. All PVI providers returned in the Early Rochdale 88 89 88 86 79 82 Years Census will receive Dedicated Schools Grant Salford 55 64 65 68 67 71 funding from their local authority. Table 1 shows the Stockport 81 83 88 84 82 85 number of PVI providers recorded on the Early Years Tameside485253494749 223W Written Answers12 OCTOBER 2009 Written Answers 224W

Table 1: Number of private, voluntary and independent providers that received Table 1: Number of private, voluntary and independent providers that received funding to deliver the free entitlement, position in January each year funding to deliver the free entitlement, position in January each year Local Local authority area 20041 20051 20061 20071 20082 20092 authority area 20041 20051 20061 20071 20082 20092

Trafford 75 81 82 84 76 85 Swindon 77 81 79 79 78 78 Wigan 99 94 92 87 90 89 Bracknell 52 51 49 49 48 49 Barnsley 50 60 61 61 60 62 Forest Doncaster 57 70 72 71 69 66 Windsor and 68 72 74 75 74 76 Maidenhead Rotherham 57 58 55 56 59 60 West Berkshire 74 81 80 78 77 79 Sheffield 141 145 150 150 134 139 Reading 52 55 54 56 53 53 Bradford 127 134 136 127 129 128 Slough 21 19 21 22 24 23 Calderdale 90 91 97 103 101 99 Wokingham 70 71 71 71 71 72 Kirklees 177 182 188 179 184 183 Cambridgeshire 293 309 303 299 296 294 Leeds 174 183 187 181 183 190 City of 96 97 99 96 92 91 Wakefield 61 69 63 59 62 60 Peterborough Gateshead 47 50 44 44 44 46 Cheshire 331 338 347 345 346 345 Newcastle 76 76 77 74 75 80 Halton555455505049 North 27 26 27 28 28 28 Warrington 71 75 71 73 71 69 Tyneside Devon 406 400 397 401 400 400 South 12 12 13 13 12 11 Tyneside City of 114 110 109 109 103 102 Plymouth Sunderland 30 35 32 32 30 31 Torbay 45 46 41 40 39 39 Isles of Scilly 2 3 3 2 2 2 Essex 620 644 641 636 635 636 Bath and 90 88 86 84 84 84 North East Southend-on- 78 67 76 72 74 74 Somerset Sea City of Bristol 116 134 137 129 121 121 Thurrock 52 51 51 51 50 50 North 96 102 101 101 99 99 Herefordshire 105 110 102 102 98 97 Somerset Worcestershire 284 294 297 283 300 296 South 141 129 140 140 137 140 Kent 724 726 711 732 678 673 Gloucestershire Medway 125 130 123 116 111 106 Hartlepool 10 14 13 11 10 11 Lancashire 460 466 474 484 463 478 Middlesbrough 19 27 30 27 27 26 Blackburn 51 54 49 46 46 49 Redcar and 17 15 15 12 11 10 with Darwen Cleveland Blackpool 54 54 55 55 54 53 Stockton on 25 31 28 25 27 26 Nottinghamshire 245 252 254 253 251 247 Tees City of 72 78 77 75 74 69 Kingston upon 57 55 57 58 54 57 Nottingham Hull Shropshire 176 176 174 169 168 168 East Riding of 131 112 131 127 127 124 Yorkshire Telford and 62 64 70 62 61 62 Wrekin NE 48 44 43 42 42 43 Lincolnshire Cornwall 273 283 294 285 285 284 North 55 61 61 58 59 56 Cumbria 163 180 186 186 182 179 Lincolnshire Gloucestershire 378 379 385 364 326 359 North 303 299 318 306 306 305 Hertfordshire 432 456 458 465 466 470 Yorkshire Isle of Wight 58 60 62 59 57 56 York 88 90 98 93 86 85 Lincolnshire 286 305 303 299 289 292 Bedfordshire 180 185 183 177 175 177 Norfolk 380 341 384 367 361 348 Luton 58 64 62 62 60 60 Northamptonshire 286 306 321 321 324 316 Buckinghamshire 262 271 271 272 270 272 Northumberland 86 91 86 89 87 84 Milton Keynes 112 117 110 110 111 113 Oxfordshire 330 346 347 333 334 326 Derbyshire 286 280 286 284 287 284 Somerset 322 303 340 320 312 305 Derby 64 72 69 68 66 67 Suffolk 333 335 335 327 317 315 Dorset 210 217 217 212 206 203 Surrey 544 562 565 554 542 537 Poole 635256575756Warwickshire 233 242 241 240 245 242 Bournemouth 74 82 86 86 80 79 West Sussex 390 425 442 428 409 409 Durham 77 78 78 80 83 86 Total 19,938 20,423 20,799 20,432 20,160 20,187 Darlington 24 25 26 27 29 30 1 Data based on aggregate local authority funding return. East Sussex 268 275 259 256 254 247 2 Data based on child-level Early Years Census return. Brighton and 95 104 109 113 110 109 Source: Hove Early Years Census Hampshire 659 687 657 657 661 663 Portsmouth 84 90 92 89 87 85 Southampton 78 98 91 88 86 86 Mrs. Spelman: To ask the Secretary of State for Leicestershire 340 359 350 350 343 344 Children, Schools and Families what proportion of (a) Leicester 107 118 123 120 121 121 Sure Start, (b) Early Years and (c) Childcare Grant Rutland 27 27 28 26 25 25 allocations has been retained by each local authority in Staffordshire 342 303 376 369 365 391 each of the last three years for which figures are Stoke-on-Trent 58 67 68 66 64 65 available; and what the total (i) revenue and (ii) capital Wiltshire 291 296 295 292 291 277 allocation was in each case. [290451] 225W Written Answers12 OCTOBER 2009 Written Answers 226W

Dawn Primarolo: Local authorities do not retain £000 unspent allocation of the Sure Start, Early Years and Local Authority Main Advance Childcare Grant (SSEYCG). The Department claws back any unspent allocation of revenue following receipt Camden 3,503 — of audited statements of expenditure. The Department Cheshire 6,025 — also does this for capital allocations but offers carry-forward Cornwall 4,797 3,000 of unspent capital each year until the end of March Coventry 4,524 4,890 2011 (2010-11 financial year). Croydon 4,937 — The information requested has been placed in the Cumbria 4,994 — House Libraries. The SSEYCG allocations for each Darlington 3,000 — local authority for the last three years are given in Table Derby 3,786 — 1. The spend by local authorities for the last three years Derbyshire 7,038 — for which figures are available are given in Table 2. Devon 5,840 6,000 Doncaster 4,229 — The SSEYCG is not divided into the three categories Dorset 3,000 — of (a) Sure Start, (b) Early Years and (c) Childcare Dudley 4,202 — Grant and local authorities do not report on that basis. Durham 6,016 — The SSEYCG is made up of broad ring-fenced blocks. Ealing 4,704 4,182 In 2009-10 there were nine blocks: Main Revenue, East Riding of Yorkshire 3,303 — Sure Start Local Programmes, Disabled Children’s Access East Sussex 4,529 — to Childcare, Two-year-olds Offer, 0 to seven Partnerships Enfield 5,057 — Pilots, Work Focused Services, Aiming High for Disabled Essex 10,643 — Children Revenue, Main Capital and Aiming High for Gateshead 3,125 5,503 Disabled Children Capital. The grant structure is detailed Gloucestershire 4,988 — in the Memorandum of Grant which was sent to local Greenwich 4,652 1,958 authorities’ chief executives and directors of children’s Hackney 4,551 2,000 services on 19 February 2009. Halton 3,000 — Hammersmith and Fulham 3,159 — Primary Capital Programme Hampshire 9,447 — Haringey 4,790 — John Mann: To ask the Secretary of State for Harrow 3,395 4,000 Children, Schools and Families how much is planned Hartlepool 3,000 2,000 to be spent under the Primary Capital Programme in Havering 3,000 — Herefordshire 3,000 — each local authority in 2009-10. [292166] Hertfordshire 8,694 — Hillingdon 3,893 — Mr. Coaker: The amount planned to be spent under Hounslow 3,633 — the Primary Capital Programme in each local authority Isle of Wight 3,000 — in 2009-10 is set out in the following table. This includes Islington 4,051 — the main allocation as well as advances from 2010-11 Kensington and Chelsea 3,000 — that some authorities applied for. A few allocations may Kent 11,438 — be subject to re-phasing into next year, dependent upon Kingston Upon Hull, City of 3,446 — local spend patterns of spending. Kingston upon Thames 3,000 1,000 Kirklees 5,064 — £000 Knowsley 3,449 — Local Authority Main Advance Lambeth 4,900 — Barking and Dagenham 3,741 — Lancashire 10,460 — Barnet 4,303 2,500 Leeds 8,374 — Barnsley 3,419 — Leicester 4,954 7,332 Bath and North East Somerset 3,000 — Leicestershire 5,042 — Bedfordshire 3,436 — Lewisham 4,361 1,000 Bexley 3,032 — Lincolnshire 5,398 1,000 Birmingham 18,274 — Liverpool 7,091 2,000 Blackburn with Darwen 3,177 — Luton 3,650 6,028 Blackpool 3,000 — Manchester 9,141 — Bolton 4,013 — Medway 3,404 — Bournemouth 3,000 — Merton 3,000 — Bracknell Forest 3,000 1,000 Middlesbrough 3,202 — Bradford 7,531 1,860 Milton Keynes 3,269 — Brent 4,655 — Brighton and Hove 3,075 — Newcastle upon Tyne 4,205 — Bristol, City of 4,899 7,277 Newham 6,010 8,388 Bromley 3,459 — Norfolk 7,611 — Buckinghamshire 4,035 — North East Lincolnshire 3,000 775 Bury 3,000 — North Lincolnshire 3,000 — Calderdale 3,148 — North Somerset 3,000 5,378 Cambridgeshire 4,969 — North Tyneside 3,000 — 227W Written Answers12 OCTOBER 2009 Written Answers 228W

£000 £000 Local Authority Main Advance Local Authority Main Advance

North Yorkshire 4,794 — York 3,000 — Northamptonshire 5,699 8,077 Total 647,998 106,579 Northumberland 3,000 — Nottingham 4,561 — Primary Capital Programme: North Yorkshire Nottinghamshire 7,177 — Oldham 4,196 — Miss McIntosh: To ask the Secretary of State for Oxfordshire 5,167 — Children, Schools and Families how many schools in Peterborough 3,000 — (a) the Value of York and (b) North Yorkshire have Plymouth 3,308 — participated in the Primary Capital Programme in Poole 3,000 — 2009. [291694] Portsmouth 3,000 — Reading 3,000 — Mr. Coaker: Funding for the national roll out of the Redbridge 4,005 3,643 Primary Capital Programme commenced in April 2009. Redcar and Cleveland 3,000 2,588 It follows that very few of the projects to be funded Richmond upon Thames 3,000 — wholly or partly through the programme have actually Rochdale 3,811 — commenced on site at this stage. I am pleased to confirm, Rotherham 3,840 — however, that North Yorkshire’s county council’s Primary Rutland 3,000 — Strategy for Change has been approved and funding of Salford 4,147 — £11.97 million to support local delivery over the two Sandwell 4,825 — year period 2009-11 has been duly confirmed. Decisions Sefton 3,618 — about the prioritisation of individual projects are rightly Sheffield 5,923 — matters for local determination. My officials have been Shropshire 3,038 — advised following inquiries made to officers at North Slough 3,000 — Yorkshire that building work is expected to commence Solihull 3,000 — shortly at the following schools: Somerset 4,220 — Norton Community Primary School South Gloucestershire 3,000 — Hinderwell Community Primary School South Tyneside 3,000 — Barrowcliffe Community Primary School Southampton 3,241 — Southend-on-Sea 3,000 — Friarage Community Primary School Southwark 5,051 — Although none of these schools are located in the St. Helens 3,040 — Vale of York constituency, the programme aims to Staffordshire 6,816 — support local authorities in renewing around half of all Stockport 3,304 — primary schools by 2023. More detailed information Stockton-on-Tees 3,066 — about the work planned can be obtained from the local Stoke-on-Trent 4,178 — authority. Suffolk 5,172 — Primary Education: Finance Sunderland 4,092 — Surrey 7,494 — Sutton 3,000 — Annette Brooke: To ask the Secretary of State for Swindon 3,000 — Children, Schools and Families whether the £200 Tameside 3,378 — million allocated to provide additional primary school Telford and Wrekin 3,000 — places in areas with shortages announced on 15 July Thurrock 3,000 5,200 2009 will affect funding for new primary provision in areas which have surplus places. [288867] Torbay 3,000 — Tower Hamlets 6,556 2,000 Mr. Coaker: On 15 July, we announced that we would Trafford 3,000 — make up to £200 million available for authorities which Wakefield 4,192 — are experiencing and forecasting exceptionally high rates Walsall 4,358 — of growth in demand for reception places to 2011, to Waltham Forest 4,242 — support the provision of permanent places where there Wandsworth 3,809 — is greatest need. Our guidance on this funding includes Warrington 3,000 — that authorities which do not have high growth in Warwickshire 4,796 500 reception class demand overall, may still apply where West Berkshire 3,000 — they have areas within their borders where there is high West Sussex 5,407 2,000 growth. We would, however, expect authorities which Westminster 3,166 — have high levels of surplus places to justify why these Wigan 3,894 — cannot be used to accommodate the additional children. Wiltshire 3,965 — Primary Education: Free School Meals Windsor and Maidenhead 3,000 — Wirral 4,838 — Wokingham 3,000 — Shona McIsaac: To ask the Secretary of State for Wolverhampton 3,949 — Children, Schools and Families (1) what plans he has to extend his Department’s free school meals pilot to all Worcestershire 4,525 — primary school-age children; [292378] 229W Written Answers12 OCTOBER 2009 Written Answers 230W

(2) which local authorities applied to participate in Ms Diana R. Johnson: This Department is committed his Department’s pilot scheme for free school meals. to revising its Managing Medicines in Schools guidance [292379] as announced in the Child Health Strategy. It will be for schools to develop their own implementation plans Ms Diana R. Johnson: We have no plans to extend the working with local delivery partners to establish how free school meals pilots to all primary school-age children. best to support the needs of pupils with a long-term Pilots in Newham and Durham started this term to test medical condition and it will be for schools to monitor the case for extending free school meals for all primary and evaluate the effectiveness of their implementation. children and we will want to learn the lessons of those pilots before making decisions on any national extension. Pupils: Epilepsy We invited all local authorities and primary care trusts who felt they met the criteria specified to be a Mr. Pelling: To ask the Secretary of State for pilot area to express an interest in taking part in the Children, Schools and Families if he will collect pilots. Expressions were received from the following information on (a) levels of epilepsy in schools and authorities: Barking and Dagenham; Barnsley; Blackburn (b) educational attainment of pupils with epilepsy. and Darwen; Bolton; Brighton and Hove; Bristol; Cornwall; [291019] Croydon; Dudley; Durham; Gateshead; Halton; Haringey; Hillingdon; Isle of Wight; Kent; Knowsley; Liverpool; Ms Diana R. Johnson [holding answer 14 September Luton; Newham; North Tyneside; Oldham; Reading; 2009]: The School Census collects data on the numbers Rotherham; Sandwell; Sheffield; Sunderland; Telford of children with special educational needs (SEN) and and Wrekin; Waltham Forest; Wakefield; West Sussex; we publish data on their educational attainment. For Wigan; and Wolverhampton. those children at School Action Plus or with a statement, data are collected on their primary need in 12 categories. The latest figures can be found in Special Educational Pupil Exclusions Needs in England: January 2009 (SFR14/2009) http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000852/ Mr. Graham Stuart: To ask the Secretary of State for index.shtml. Children, Schools and Families (1) what percentage of There is not a specific category for children with epilepsy, children living in a two-parent household were although where they have a special educational need, permanently excluded from school in each year since they will be captured in the overall SEN figures. 1997; and if he will make a statement; [290048] In the joint Department for Children, Schools and (2) what percentage of children living in a single- Families and Department of Health publication “Healthy parent household with their (a) mother and (b) father Lives: Brighter Futures, The strategy for children and were permanently excluded from school in each year young people’s health” (February 2009), since 1997; and if he will make a statement. [290049] http://www.dh.gov.uk/en/Publicationsandstatistics/ Publications/PublicationsPolicyAndGuidance/DH_094400 Mr. Coaker: The Department does not collect data on household background of excluded pupils. The latest we provided an estimate of the number of children with available information on exclusions was recently published epilepsy in an average Primary Care Trust area at: “In an average-sized health community, with a population of around 80,000 children and young people up to the age of http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000860/ 18...over 300 will have epilepsy.” index.shtml However, we recognise the importance of parental Pupils: Languages engagement in their children’s learning and that there is a range of evidence that parental relationship breakdown, Mrs. Maria Miller: To ask the Secretary of State for leading to conflict, has a negative impact on child Children, Schools and Families how many and what outcomes. Our aim is to improve outcomes for children proportion of pupils in (a) primary schools and (b) by preventing family breakdown where possible and by secondary schools had English as an additional minimising the negative effects of parental separation language in (i) Basingstoke, (ii) Hampshire and (iii) on children’s well-being. England in each of the last 10 years. [289803] The Children’s Plan: Progress Report, published in December 2008, further outlined Ministers’ strategy for Mr. Coaker: The information requested is shown in improving parents’ engagement in children’s learning the table. and development through providing direct support for Primary and secondary schools1: Number and percentage of pupils whose first parents and mainstreaming parental engagement in all language is known or believed to be other than English our policy interventions including children’s centres, Pupils of compulsory school age and above 21st century schools, National and City Challenges, the Primary schools2 Secondary schools2,3 workforce strategy, and parenting support programmes. Number of Percentage of Number of Percentage pupils pupils4 pupils of pupils4

Pupils: Drugs England 2000 311,510 8.7 256,430 8.0 Rob Marris: To ask the Secretary of State for 2001 331,510 9.3 259,940 8.0 Children, Schools and Families what steps he plans to 2002 350,480 10.0 283,300 8.6 take to (a) monitor and (b) evaluate the 2003 364,940 10.5 294,300 8.8 implementation of the revised Managing Medicines in 2004 376,600 11.0 296,990 8.9 Schools guidance. [289696] 2005 395,270 11.6 303,920 9.1 231W Written Answers12 OCTOBER 2009 Written Answers 232W

Primary and secondary schools1: Number and percentage of pupils whose first Real terms revenue funding—EFS plus grants language is known or believed to be other than English £ Pupils of compulsory school age and above Primary pupils (3-10 Secondary pupils (11-15 Primary schools2 Secondary schools2,3 years) years) Number of Percentage of Number of Percentage 2004-05 2005-06 2004-05 2005-06 pupils pupils4 pupils of pupils4 Hertfordshire 3,663 3,828 4,627 4,738 2006 419,600 12.5 320,360 9.6 Norfolk 3,697 3,919 4,547 4,709 2007 447,480 13.5 352,970 10.6 Suffolk 3,495 3,696 4,397 4,545 2008 466,420 14.3 349,040 10.6 Notes: 2009 492,390 15.2 364,280 11.1 1. Price Base: Real terms at 2008-09 prices, based on GDP deflators as at 30 June 2009. 2. Figures reflect relevant sub-blocks of Education Formula Spending (EFS) Hampshire settlements and include the pensions transfer to EFS. 3. Total funding also includes all revenue grants in DfES Departmental 2000 1,150 1.3 660 0.9 Expenditure Limits relevant to pupils aged 3-15 and exclude education 2001 1,060 1.2 690 1.0 maintenance allowances (EMAs) and grants not allocated at LEA level. 2002 1,080 1.2 800 1.1 4. The pupil numbers used to convert £ million figures to £ per pupil are those underlying the EFS settlement calculations. 2003 1,300 1.5 980 1.4 5. Rounding: Figures are rounded to the nearest £10. 2004 1,630 1.9 1,050 1.4 6. Status: Some of the grant allocations have not been finalised. If these do 2005 1,670 2.0 1,150 1.6 change, the effect on the funding figures is expected to be minimal. 2006 2,010 2.4 1,440 2.0 The revenue per pupil figures shown in the following 2007 2,490 3.0 1,770 2.5 table are taken from the new Dedicated Schools Grant 2008 2,790 3.4 2,070 2.9 (DSG). They are not comparable with those for the 2009 3,040 3.8 2,240 3.2 years 2004-05 to 2005-06 because the introduction of the DSG in 2006-07 fundamentally changed how local Basingstoke authorities are funded. 2000 140 1.6 110 1.8 The 2004-05 to 2005-06 figures are based on Education 2001 150 1.9 110 1.8 Formula Spending (EFS) which formed the education 2002 180 2.2 120 1.9 part of the Local Government Finance Settlement, plus 2003 240 2.9 100 1.6 various grants. This was an assessment of what local 2004 260 3.1 170 2.6 authorities needed to fund education rather than what 2005 300 3.6 160 2.6 they spent. The DSG is based largely on an authority’s 2006 360 4.4 200 3.2 previous spending. In addition, the DSG has a different 2007 420 5.2 270 4.2 coverage to EFS. EFS comprised a schools block and 2008 510 6.3 310 5.2 an LEA block (to cover LEA central functions) whereas 2009 570 7.1 350 6.1 DSG only covers the school block. LEA block items are 1 Pupils of compulsory school age and above were classified by first language. still funded through DCLG’s Local Government Finance Excludes dual registrations. Settlement but education items cannot be separately 2 Includes middle schools as deemed. 3 Includes CTCs and Academies. identified. Consequently, there is a break in the 4 The number of pupils whose first language is known or believed to be other Department’s time series as the two sets of data are not than English expressed as a percentage of the number of pupils of compulsory comparable. An alternative time series is currently under school age and above. Numbers have been rounded to the nearest 10. development. Source: To provide a comparison for 2006-07 DSG, the School Census. Department have isolated the schools block equivalent Pupils: Per Capita Costs funding in 2005-06; as described above, this does not represent the totality of “education” funding in that Mr. Vara: To ask the Secretary of State for Children, year. Schools and Families what the funding allocation per The per pupil revenue funding figures for years 2005-06 (a) secondary and (b) primary school pupil was in (baseline) to 2008-09 for East of England local authorities each local authority area in the East of England in are provided in the following table. each of the last five years. [289396] The figures for 2009-10 are not currently available as figures for grants at a local authority level are still in the Mr. Coaker: The per pupil revenue funding figures process of being finalised. The figures for 2009-10 will for primary and secondary schools pupils for East of be available later in the financial year. England local authorities in 2004-05 and 2005-06 are as follows. These figures are in real terms: As the DSG is a mechanism for distributing funding, a split between primary and secondary schools is not Real terms revenue funding—EFS plus grants available. The figures below are for all funded pupils £ aged 3-19 and are in real terms: Primary pupils (3-10 Secondary pupils (11-15 years) years) Real terms revenue funding—DSG plus grants 2004-05 2005-06 2004-05 2005-06 £ All pupils (3-19 years) Bedfordshire 3,637 3,861 4,624 4,809 2005-061 2006-07 2007-08 2008-09 Luton 4,122 4,379 5,260 5,484 Cambridgeshire 3,616 3,829 4,456 4,641 Bedfordshire 4,073 4,189 4,338 4,413 Peterborough 3,931 4,157 4,935 5,138 Luton 4,523 4,716 4,906 4,957 Essex 3,735 3,922 4,708 4,845 Cambridgeshire 3,932 4,059 4,201 4,281 Southend-on-Sea 3,806 4,005 4,854 5,035 Peterborough 4,392 4,533 4,684 4,790 Thurrock 3,997 4,134 5,225 5,287 Essex 4,117 4,228 4,382 4,447 233W Written Answers12 OCTOBER 2009 Written Answers 234W

Real terms revenue funding—DSG plus grants Safeguarding Vulnerable Groups Act 2006 £ All pupils (3-19 years) Mr. Jack: To ask the Secretary of State for Children, 2005-061 2006-07 2007-08 2008-09 Schools and Families what guidance his Department Southend- 4,328 4,445 4579 4,624 has issued to parents on the terms under which crèches on-Sea can voluntarily register with Ofsted under the Thurrock 4,270 4,477 4,655 4,699 provisions of the Safeguarding Vulnerable Groups Act Hertfordshire 4,144 4,234 4,382 4,504 2006. [286935] Norfolk 4,090 4,192 4,348 4,405 Suffolk 3,957 4,080 4,249 4,323 Dawn Primarolo: The voluntary part of the General 1 Baseline. Childcare Register was introduced in April 2007, under Notes: the provisions of the Childcare Act 2006. The Department 1. This covers funding through the Dedicated Schools Grant, School Standards Grant, School Standards Grant (Personalisation) and Standards for Children, Schools and Families has distributed 5,400 Fund as well as funding from the Learning and Skills Council; it excludes copies of a leaflet about the voluntary register to parents grants which are not allocated at LA level. and childcare providers through the Family Information 2. Price Base: Real terms at 2008-09 prices, based on GDP deflators as at 30 June 2009. Services of all local authorities. Parents can also find 3. These figures are for all funded pupils aged 3-19. information on the voluntary part of the General Childcare 4. Figures have been rounded to the nearest £10. Register on the Ofsted website at: 5. Some of the grant allocations have not been finalised. If these do change, the effect on the funding figures is expected to be minimal. http://www.ofsted.gov.uk/Ofsted-home/Forms-and-guidance/ Browse-all-by/Care-and-local-services/Childcare

Schools: Asbestos Mike Penning: To ask the Secretary of State for Children, Schools and Families what the average expenditure per pupil was in (a) primary and (b) Mr. Gibb: To ask the Secretary of State for Children, secondary schools in Dacorum (i) in 1997 and (ii) the Schools and Families (1) if he will commission a (a) (b) last 12 month period for which figures are available. national audit to determine the extent, type and (c) condition of asbestos in school buildings; [289442] [289818] (2) if he will commission a national audit to determine the standards of asbestos management in Mr. Coaker: Figures are not available for Dacorum respect of school buildings. [289819] borough council as data is collected at top tier local authority level. The available information on the average Mr. Coaker: In January 2009 DCSF sent out a expenditure per pupil in (a) primary and (b) secondary questionnaire about the management of asbestos in schools in Hertfordshire local authority is shown in the system-built schools to local authorities to confirm that following table: the school duty holders were managing asbestos correctly. DCSF and HSE are evaluating the responses to identify 1997-98 2007-08 local authorities that are managing the risks, so that Pre-primary HSE inspections can be targeted at those that are not. and primary Secondary Primary Secondary education education education education We do not intend to extend this to a national audit to determine the extent, type and condition of asbestos in England 1,740 2,360 3,580 4,620 school buildings. The Control of Asbestos Regulation Hertfordshire 1,760 2,520 3,310 4,490 2006 places duties on those responsible for the maintenance Notes: 1. School based expenditure includes only expenditure incurred directly by the and repair of non-domestic buildings, including schools, schools. This includes the pay of teachers and school-based support staff, to take reasonable steps to identify the location and school premises costs, books and equipment, and certain other supplies and condition of asbestos containing materials. The duty services, less any capital items funded from recurrent spending and income from sales, fees and charges and rents and rates. This excludes the central cost holder must then use this information to make a written of support services such as home to school transport, local authority record and management plan to ensure that the risks of administration and the financing of capital expenditure. exposure to asbestos are properly managed. A national 2. 1999-2000 saw a change in data source when the data collection moved from the ROI form collected by the CLG to the Section 52 form from the DCSF. audit would duplicate these arrangements, and have 2002-03 saw a further break in the time series following the introduction of little or no effect in reducing the health risks associated Consistent Financial Reporting (CFR) and the associated restructuring of the with asbestos. outturn tables. From 2002-03 school based expenditure is taken from Section 52 Outturn Table A line 51 net current expenditure (NCE). For 2001-02 and earlier years the expenditure is calculated as lines 1 to 12 less lines 29, 30, 35 Schools: Birmingham and 37. This differs from the old Net Institutional Expenditure (NIE) calculation only in the treatment of meals and milk which is no longer excluded and no adjustments for balances are now made. This is taken from Mr. Godsiff: To ask the Secretary of State for Section 52 Outturn Table 3 for 1999-2000 to 2001-02 and from the R01 form previously. Children, Schools and Families what capital funding 3. The calculation for 2002-03 onwards is broadly similar to the calculation in has been allocated to schools in Birmingham, previous years. Sparkbrook and Small Heath constituency for each of 4. Pupil numbers include only those pupils attending maintained [291443] establishments within each sector and are drawn from the DCSF Annual the last three years. Schools Census adjusted to be on a financial year basis. 5. Spending in 1997-98 reflects the transfer of monies from local government Mr. Coaker: The Department does not maintain central to central government for the nursery vouchers scheme. These were returned to local government from 1998-99. records on school capital allocations on a constituency 6. Expenditure was not distinguished between the pre-primary and primary basis, as they are made on a local authority basis. sectors until the inception of Section 52 for financial year 1999-2000. School capital allocations to Birmingham for each of 7. Figures are rounded to the nearest £10 and cash terms figures. the last three years are shown in the following table: 235W Written Answers12 OCTOBER 2009 Written Answers 236W

pumps either for existing or new buildings. Within our £ million main programme for new schools, the Building Schools 2007-08 62.9 for the Future (BSF) programme, our approach is to set 2008-09 64.5 targets for carbon emissions by a combination of energy 2009-10 211.7 efficiency and renewable energy systems. In addition to these regulatory actions, we have developed The 2009-10 allocations include £127 million in respect guidance to help the designers of all newly built schools of the Building Schools for the Future programme, and achieve their target level of carbon reduction. This an advance of £12.6 million brought forward from guidance encourages the use of energy efficient equipment 2010-11 in support of the Government’s fiscal stimulus without being prescriptive about design solutions. initiative. Additional funding has been provided to three groups Schools: Buildings of new secondary schools to enable them to reduce their carbon emissions by 60 per cent: schools within BSF, academies and school projects procured directly by John Mann: To ask the Secretary of State for local authorities ahead of their scheduled BSF rebuild Children, Schools and Families which schools for (One School Pathfinder schools). children aged three to 18 years have different primary and secondary sites. [292165] Schools: Manpower Mr. Coaker: The Department does not hold this data. Source: Mr. Godsiff: To ask the Secretary of State for EduBase Children, Schools and Families how many full-time equivalent (a) teachers, (b) teaching assistants and (c) Schools: Crimes of Violence support staff there were in local education authority schools in Birmingham, Sparkbrook and Small Heath Andrew Stunell: To ask the Secretary of State for constituency on the latest date for which figures are Children, Schools and Families how many staff available. [291441] sickness days were taken in schools as a result of an assault upon a staff member in each local education Mr. Coaker: The following table provides the full-time authority area in the most recent year for which figures equivalent number of teachers, teaching assistants and are available; how many days were lost per staff support staff in service in local authority maintained member on average as a result of such assaults in that schools in Birmingham, Sparkbrook and Small Heath year; and what the estimated cost of such losses was to constituency in January 2009, the latest information each local education authority in that period. [289288] available. Mr. Coaker: The requested information is not held Full-time equivalent teachers, teaching assistants and support staff in local authority maintained schools1, January 2009, Birmingham, centrally by the Department. Sparkbrook and Small Heath constituency Any violence against school staff is totally unacceptable. Number Our recently published behaviour strategy has at its centre strong discipline and good behaviour. It sets out Teachers2 1,660 how we will implement the parent and pupil guarantees Teaching assistants 900 announced in the “schools White Paper” that in their Support staff3 1,380 school there will be good behaviour, strong discipline, 1 Excludes academies and city technology colleges. 2 Includes qualified order and safety. and unqualified teachers. 3 Includes teaching assistants. Note: Figures are rounded to the nearest 10. Source: School Census In addition, we intend to introduce new requirements on schools to record incidents of bullying between Schools: Playing Fields pupils, and incidents of verbal and physical abuse against school staff. We will introduce the new legislation in 2010. This new requirement will encourage more widespread John Mann: To ask the Secretary of State for and effective reporting, appropriate responses and Children, Schools and Families how many applications prevention work. It will also send out a clear message to under section 77 of the School Standards and school staff that the issue will be taken seriously and Framework Act 1998 to dispose of school playing acted upon. fields have been made by Nottinghamshire County Council in the last three months. [292164] Schools: Energy Mr. Coaker: We have not received any applications to Mr. David Anderson: To ask the Secretary of State dispose of school playing fields from Nottinghamshire for Children, Schools and Families what energy- county council in the last three months. efficiency standards his Department stipulated for circulator pumps installed in (a) existing and (b) new Schools: Swine Flu schools. [291787]

Mr. Coaker: The Building Regulations Part L2A and Mr. Gibb: To ask the Secretary of State for Children, L2B set energy performance standards for new and Schools and Families when he expects to announce his refurbished buildings and the energy efficiency of pumps decision on whether schools will remain closed in is regulated in this way. The Department does not September as a result of swine influenza; and if he will directly stipulate energy efficiency standards for circulator make a statement. [289817] 237W Written Answers12 OCTOBER 2009 Written Answers 238W

Ms Diana R. Johnson: The Secretary of State sent an Teachers: Training email message to all schools on 26 August. That message stated: Michael Gove: To ask the Secretary of State for “We have been closely monitoring the spread and severity of Children, Schools and Families how many entrants to swine flu over the school holidays. The latest scientific advice to teacher training courses had to resit the (a) literacy the Government is that individual school closures are now of limited benefit in stopping the spread of disease. and (b) numeracy tests (i) once, (ii) twice and (iii) three or more times in the last year for which figures are Given the mildness of the virus, the expert medical advice is [288243] that there is no good reason for schools to remain closed after the available. summer holiday. We therefore expect all schools and early-years and childcare settings in England to reopen as planned at the Mr. Coaker: The information is as follows: beginning of the new term.” (a) Literacy Test Single Sex Education In 2007/08, 3,760 entrants to teacher training courses had to resit the literacy test once. The number of Michael Gove: To ask the Secretary of State for entrants who resat the test two or more times was 2,490. Children, Schools and Families how many single sex A further breakdown to show those who resat the state (a) primary and (b) secondary schools there have literacy test twice or three or more times could be been in each year since 1997. [291854] provided only at disproportionate costs. (b) Numeracy Test Mr. Coaker: The requested information is shown in In 2007-08, 3,260 entrants to teacher training courses the table. had to resit the numeracy test once. The number of Maintained primary1 and state-funded secondary1,2: Single sex schools, as at entrant who resat the test two or more times was 3,480. January each year, England A further breakdown to show those who resat the Primary schools Secondary schools numeracy test twice or three or more times could be 1997 2 418 provided only at disproportionate costs. 1998 2 421 1999 2 417 Young People: Unemployment 20003 2 416 2001 3 412 2002 7 413 Mr. Hayes: To ask the Secretary of State for 2003 5 411 Children, Schools and Families how many and what 20044 6 410 proportion of people aged 16 and 17 years were not in 2005 7 413 education, employment or training in each local [285862] 2006 7 411 authority area in each year since 2000. 2007 7 407 2008 7 404 Mr. Coaker [holding answer 13 July 2009]: The 2009 7 399 Department’s estimate of the number of young people 1 Includes middle schools as deemed. not in education, employment or training (NEET) cannot 2 Includes city technology colleges and academies. be disaggregated to local level. However, we can estimate 3 In 2000 the intake of four primary schools was not recorded. the number of young people NEET using figures drawn 4 In 2004 the intake of one primary school was not recorded. Source: from the client management systems maintained by School Census and Edubase Connexions services. The following table shows the Sure Start Programme: Internet number and proportion of young people aged 16 and 17 who were not in education, employment or training Mrs. Maria Miller: To ask the Secretary of State for (NEET) in each local authority area at the end of 2005, Children, Schools and Families what proportion of the 2006, 2007 and 2008 based on Connexions data. The Sure Start budget was spent on updating the Sure Start first year for which local authority figures are available website in 2008-09. [290364] is 2005. The figures relate to 16 and 17-year-olds known to Mr. Iain Wright: The Department spent £57,054 of Connexions in the December of each year. They are not the total £1,311,233,386 Sure Start budget on updating directly comparable with the national estimates of 16 the Sure Start website during the 2008-09 financial year. and 17-year-olds NEET published annually by the This constitutes 0.004 per cent. of the Sure Start budget. Department for Children, Schools and Families.

Number and proportion of 16 and 17-year-olds not in education, employment or training December each year 2005 2006 2007 2008 Number Percentage Number Percentage Number Percentage Number Percentage

South East Bracknell Forest 150 8.6 90 5.5 80 4.8 120 7.1 Reading 330 10.8 250 8.0 250 8.4 240 8.4 Windsor and Maidenhead 100 4.5 90 4.3 90 3.7 100 4.5 Slough 230 8.7 150 5.8 140 5.4 140 5.3 West Berkshire 190 6.2 150 5.0 150 4.8 150 4.7 Wokingham 140 6.1 90 4.8 120 6.1 120 6.1 239W Written Answers12 OCTOBER 2009 Written Answers 240W

Number and proportion of 16 and 17-year-olds not in education, employment or training December each year 2005 2006 2007 2008 Number Percentage Number Percentage Number Percentage Number Percentage

Kent 1,840 6.5 1,780 6.3 1,450 4.8 1,310 4.3 Medway 510 8.3 420 6.9 380 6.0 540 9.1 Buckinghamshire 300 3.3 250 2.8 240 2.6 310 3.4 Milton Keynes 340 7.5 280 6.1 260 5.2 280 5.4 Oxfordshire 500 4.5 560 5.0 470 4.2 650 5.8 Portsmouth 360 14.0 290 11.2 230 9.0 220 8.7 Southampton 500 12.3 430 10.7 390 10.0 380 9.9 Isle of Wight 160 5.8 160 6.1 150 5.5 140 5.2 Hampshire 1,320 5.2 1,420 5.5 1,270 4.9 1,380 5.3 Surrey 640 3.4 610 3.4 560 3.3 610 3.1 Brighton and Hove 420 10.0 430 10.9 300 7.7 300 6.4 East Sussex 550 6.0 710 7.9 620 6.9 680 6.8 West Sussex 660 4.6 630 4.4 550 4.2 690 5.3

London Camden 240 7.6 220 7.4 210 6.3 210 6.3 Islington 340 9.2 320 8.4 290 8.2 280 7.2 Kensington and Chelsea 100 8.6 120 8.8 80 4.9 90 5.3 Lambeth 400 13.7 300 11.4 240 9.3 180 7.9 Southwark 370 12.6 370 12.2 260 9.2 230 8.9 Wandsworth 260 6.5 230 6.0 160 3.7 190 4.5 Westminster 230 8.7 150 6.7 130 5.2 120 4.7 Barking and Dagenham 420 12.6 440 11.3 390 9.2 380 9.0 Bexley 280 6.0 320 7.4 270 6.4 230 5.5 City of London1 —————0.90— Greenwich 470 11.6 450 10.8 390 9.7 330 8.6 Hackney 350 14.7 360 13.7 280 11.1 220 10.7 Havering 400 7.4 360 6.0 320 5.5 270 4.8 Lewisham 380 8.8 250 5.6 240 5.6 260 5.1 Newham 490 9.8 570 11.4 400 9.0 370 7.8 Redbridge 310 6.0 270 4.8 240 4.2 210 3.6 Tower Hamlets1 380 10.1 410 11.0 230 6.5 240 7.1 Barnet 320 5.6 280 4.3 250 4.2 220 3.6 Enfield 480 7.9 390 6.5 370 6.9 330 6.1 Haringey 370 10.1 360 12.8 250 10.2 170 5.2 Waltham Forest 310 6.0 350 6.4 270 5.0 240 4.7 Bromley 270 4.4 290 4.7 270 4.2 270 4.0 Croydon 540 8.8 480 7.8 430 7.4 420 7.4 Kingston 100 3.2 110 3.6 90 2.9 90 2.9 Merton 120 7.2 120 7.3 90 6.2 100 6.5 Richmond 80 4.2 90 4.3 40 2.1 70 3.6 Sutton 210 4.6 190 4.4 180 4.3 150 3.7 Brent 190 4.4 200 5.4 180 5.1 150 3.7 Ealing 280 7.2 280 7.7 180 5.3 180 4.9 Hammersmith and Fulham 260 17.2 170 9.3 100 6.4 120 6.6 Harrow 210 5.3 170 4.3 80 2.0 100 2.9 Hillingdon 520 8.4 360 6.4 250 4.5 220 4.1 Hounslow 300 6.3 310 7.6 240 6.0 180 4.6

East of England Bedfordshire 540 6.8 500 6.4 470 6.1 410 5.1 Luton 330 7.9 310 8.1 250 6.0 220 5.6 Cambridgeshire 560 5.3 540 5.2 500 4.8 500 4.7 Peterborough 390 9.6 340 8.2 310 7.4 320 8.1 Essex 2,160 8.5 1,730 6.8 1,370 5.1 1,660 6.4 Thurrock 330 9.1 270 7.5 240 6.6 210 6.6 Southend 330 7.2 310 6.4 270 5.5 320 6.1 Hertfordshire 1,070 4.8 950 4.2 760 3.3 1,000 4.3 Norfolk 1,130 7.3 1,240 7.9 900 5.7 770 4.6 Suffolk 960 7.3 1,020 7.9 830 6.4 880 6.9 241W Written Answers12 OCTOBER 2009 Written Answers 242W

Number and proportion of 16 and 17-year-olds not in education, employment or training December each year 2005 2006 2007 2008 Number Percentage Number Percentage Number Percentage Number Percentage

South West Bournemouth 220 8.5 250 8.9 240 8.6 210 7.9 Dorset 380 5.6 490 6.8 380 5.2 380 5.5 Poole 180 6.4 180 6.1 160 5.4 140 4.9 Cornwall 540 5.0 630 5.8 590 5.5 560 5.3 Devon 720 5.3 830 6.0 710 5.5 800 6.1 IslesofScilly—————— 0— Plymouth 420 6.8 410 7.0 400 6.9 400 6.8 Torbay 140 4.6 210 7.3 170 5.1 150 4.4 Gloucestershire 670 5.5 570 4.7 470 4.0 440 3.8 Somerset 510 4.9 480 4.7 390 3.9 400 4.0 Bath and NE Somerset 190 5.1 150 3.9 120 3.4 130 3.7 Bristol 600 9.2 530 7.1 450 6.3 520 7.1 North Somerset 150 4.3 150 4.8 140 4.0 130 3.8 South Gloucestershire 280 5.3 240 5.6 240 4.4 220 4.1 Swindon 220 5.3 350 8.1 240 5.4 300 7.1 Wiltshire 390 5.3 480 6.2 430 5.7 420 5.4

West Midlands Birmingham 2,550 13.2 2,240 10.2 1,630 7.2 1,870 8.6 Solihull 490 8.3 410 7.7 300 5.1 290 5.7 Dudley 580 8.5 560 6.5 480 5.7 410 4.8 Sandwell 690 11.9 700 17.1 570 13.3 520 12.7 Walsall 620 11.0 540 9.2 560 9.2 470 7.7 Wolverhampton 620 11.4 590 11.1 500 9.4 420 8.3 Coventry 570 8.4 550 8.0 420 6.0 360 5.3 Warwickshire 630 6.0 720 6.6 620 5.6 570 5.3 Herefordshire 190 5.9 170 5.2 180 5.3 190 5.6 Worcestershire 590 5.7 530 5.0 440 4.1 510 4.9 Shropshire 290 5.5 260 4.8 200 4.1 210 4.3 Telford and Wrekin 300 8.2 330 9.1 340 9.5 310 9.0 Staffordshire 1,100 6.6 1,120 6.7 870 4.9 840 4.6 Stoke on Trent 760 14.3 760 14.3 620 11.9 510 10.1

East Midlands Derby City 460 8.5 460 8.6 400 7.4 340 6.1 Derbyshire 860 6.8 870 6.7 830 6.2 830 6.3 Leicester City 730 10.2 740 10.0 650 8.5 560 7.7 Leicestershire 700 5.9 670 5.4 560 4.2 500 3.8 Lincolnshire 800 5.8 710 5.0 580 4.1 590 4.1 Rutland — 0.7 10 3.0 10 1.9 10 3.0 Northamptonshire 980 7.1 840 6.1 700 5.1 630 4.6 Nottinghamshire 770 4.8 770 5.0 670 4.5 600 4.1 Nottingham 470 8.3 540 7.8 470 6.2 410 5.2

Yorks and The Humber East Riding 310 5.7 380 5.5 320 6.1 190 3.5 Kingston upon Hull 820 12.8 740 13.4 670 9.8 600 8.7 North East Lincolnshire 350 8.9 400 10.3 270 5.9 250 5.5 North Lincolnshire 270 7.3 320 8.9 270 6.7 250 6.4 Barnsley 630 14.1 530 12.1 350 7.7 380 8.3 Doncaster 800 12.5 790 12.5 510 7.9 440 7.1 Rotherham 630 10.3 700 10.5 600 8.9 450 6.5 Sheffield 1,000 10.0 940 9.7 850 8.6 740 7.4 Bradford 910 9.8 1,010 10.5 870 9.2 940 9.6 Calderdale 350 8.5 330 8.3 320 7.9 290 7.4 Kirklees 770 8.3 810 9.0 740 7.9 820 9.0 Leeds 1,400 9.5 1,390 9.4 1,410 9.7 1,220 8.1 Wakefield 790 11.5 810 11.2 730 9.7 780 10.7 York 200 4.3 240 5.2 210 4.2 200 4.4 North Yorkshire 500 4.4 480 4.2 440 4.0 460 4.4 243W Written Answers12 OCTOBER 2009 Written Answers 244W

Number and proportion of 16 and 17-year-olds not in education, employment or training December each year 2005 2006 2007 2008 Number Percentage Number Percentage Number Percentage Number Percentage

North West Cheshire 680 4.6 780 5.3 620 4.2 720 4.9 Warrington 240 6.2 270 6.7 200 4.9 250 6.2 Cumbria 550 5.4 500 4.8 450 4.3 410 3.9 Bolton 670 10.4 740 13.8 630 11.7 500 9.7 Bury 310 7.2 350 8.4 310 5.7 340 6.1 City of Manchester 1,070 11.3 1,040 11.4 840 8.8 890 9.4 Oldham 410 6.9 450 8.7 400 7.2 350 6.2 Rochdale 380 7.9 450 13.2 390 10.4 430 10.7 City of Salford 460 10.1 520 11.9 390 7.1 420 7.7 Stockport 370 6.4 480 8.4 480 6.6 420 5.9 Trafford 290 6.0 290 7.2 270 6.0 280 6.1 Tameside 460 8.6 450 9.6 420 8.7 410 8.4 Wigan 680 9.8 720 10.3 570 7.7 620 8.3 Halton 260 9.4 290 10.7 270 10.1 280 11.2 Knowsley 300 8.9 380 12.8 360 13.1 350 13.4 Liverpool 1,070 10.4 1,130 12.1 990 10.0 820 8.7 Sefton 470 7.2 440 6.1 400 5.8 440 6.6 St. Helens 380 10.3 380 8.8 320 7.1 320 7.3 Wirral 620 8.1 660 8.9 630 8.5 560 7.8 Blackburn-Darwen 320 8.9 340 6.2 290 6.3 250 5.7 Blackpool 340 10.4 370 8.2 340 7.1 310 6.7 Lancashire 1,560 6.6 1,680 7.7 1,640 7.1 1,370 6.0

North East County Durham 1,160 12.2 1,150 11.9 930 9.2 940 9.4 Northumberland 470 8.0 530 9.0 450 7.5 350 5.9 Darlington 220 8.7 190 6.0 180 5.5 190 5.8 Stockton on Tees 400 8.9 330 9.0 300 7.8 310 8.3 Middlesbrough 460 14.2 430 11.5 320 8.2 350 8.5 Hartlepool 180 8.3 230 10.6 140 6.3 130 5.5 Redcar and Cleveland 310 9.1 330 10.4 320 10.3 290 9.7 Sunderland 770 12.4 740 12.2 660 10.9 700 11.4 Gateshead 460 12.2 400 10.9 370 9.7 320 8.0 Newcastle 700 10.1 660 9.1 660 8.5 560 7.1 North Tyneside 430 11.2 390 10.5 310 8.2 300 8.1 South Tyneside 370 12.6 300 10.3 260 9.2 260 10.1 1 Figures for City of London are included with those for Tower Hamlets in 2005 and 2006. Source: Connexions service database

[Continued in Column 245W] 1MC Ministerial Corrections12 OCTOBER 2009 Ministerial Corrections 2MC

Mr. Ellwood: To ask the Secretary of State for Ministerial Corrections International Development what expenditure his Department has incurred in (a) Helmand Province and Monday 12 October 2009 (b) elsewhere in Afghanistan in 2009-10 to date. [286922]

Mr. Douglas Alexander: The budget for Helmand TREASURY province in 2009-10 is £18 million and the rest of Tax Credit Office: Correspondence Afghanistan is £109.5 million. We anticipate spending our full combined budget of £127.5 million by the end James Duddridge: To ask the Chancellor of the of 2009-10. Exchequer how long on average the Tax Credit Office The Department for International Development (DFID) took to respond to written queries in the latest period publishes expenditure in its annual report and the Statistics for which figures are available; and if he will make a in International Development publication. These are statement. [282923] available in the Library of the House and on the DFID [Official Report, 29 June 2009, Vol. 495, c. 24W.] website: Letter of correction from Mr. Timms: www.dfid.gov.uk An error has been identified in the written answer The approved aid framework for DFID Afghanistan given to the hon. Member for Rochford and Southend, in 2009-10 is recorded in the 2009 annual report is East (James Duddridge) on 29 June 2009. The full £123.5 million. As noted in the annual report, this is answer given was as follows: only an indicative planning figure and we anticipate spending £127.5 million in 2009-10. The figure in the James Duddridge: To ask the Chancellor of the annual report creates the potential for confusion and so Exchequer how long on average the Tax Credit Office we would like to amend the previous answer and replace took to respond to written queries in the latest period it with the following: for which figures are available; and if he will make a statement. [282923] Mr. Michael Foster: The current indicative budget for Helmand province in 2009-10 is £18 million and the rest Mr. Timms: The information is not available. of Afghanistan is £109.5 million. We anticipate spending The correct answer should have been: a total of £127.5 million by the end of 2009-10. The Department for International Development (DFID) Mr. Timms: The information is not available in the publishes previous and planned expenditure in its annual format requested. report and the Statistics in International Development For information about the time taken to provide a publication. These are available in the Library of the substantive response to tax credits complaints in 2008-09 House and on the DFID website: I refer the hon. Member to the following table: www.dfid.gov.uk Response times to written complaints on tax credits by the Tax Credit Office in 2008-09 Cumulative Afghanistan: Overseas Aid Cleared within Percentage clearance percentage Less than 1 week 3 3 Mr. Ellwood: To ask the Secretary of State for 1to2weeks 14 16 International Development how much his Department 2to3weeks 18 34 spent on aid to Afghanistan in 2008-09; and what 3to4weeks 14 48 proportion of such aid was delivered directly in Helmand 4to5weeks 11 59 province. [289143] Over 5 weeks 41 100 [Official Report, 21 July 2009, Vol. 496, c. 1241W.] Letter of correction from Michael Foster: An error has been identified in the written answer INTERNATIONAL DEVELOPMENT given to the hon. Member for Bournemouth, East (Mr. Ellwood) on 21 July 2009. The full question and Afghanistan answer given were as follows:

Mr. Ellwood: To ask the Secretary of State for Mr. Ellwood: To ask the Secretary of State for International Development what expenditure his International Development how much his Department Department has incurred in (a) Helmand Province and spent on aid to Afghanistan in 2008-09; and what (b) elsewhere in Afghanistan in 2009-10 to date. proportion of such aid was delivered directly in Helmand [286922] province. [289143] [Official Report, 15 July 2009, Vol. 496, c. 508W.] Letter of correction from Michael Foster: Mr. Michael Foster: The Department for International An error has been identified in the written answer Development (DFID) provided £143 million of support given to the hon. Member for Bournemouth, East to Afghanistan in 2008-09 through its bilateral programme. (Mr. Ellwood) on 15 July 2009. The full question and Of this, we spent £21.9 million on growth, livelihoods answer given were as follows: and governance programmes directly in Helmand province. 3MC Ministerial Corrections12 OCTOBER 2009 Ministerial Corrections 4MC

DFID publishes expenditure in its Annual Report The correct answer should have been: and the Statistics in International Development publication. These are available in the Library of the House and on Mr. Michael Foster: The Department for International the DFID website: Development (DFID) provided £143 million of support to Afghanistan in 2008-09 through its bilateral programme. www.dfid.gov.uk Of this, we spent £20.6 million on growth, livelihoods We stated that the amount of aid delivered directly in and governance programmes directly in Helmand province. Helmand Province in 2008-09 was £21.9 million pounds. DFID publishes previous and planned expenditure in The quoted figure includes a £1.3 million project which its Annual Report and the Statistics in International was accidentally counted twice. The amount of aid Development publication. These are available in the delivered directly in Helmand Province in 2008-09 was Library of the House and on the DFID website: therefore £20.6 million. www.dfid.gov.uk ORAL ANSWERS

Monday 12 October 2009

Col. No. Col. No. CHILDREN, SCHOOLS AND FAMILIES ...... 1 CHILDREN, SCHOOLS AND FAMILIES—continued Academies...... 5 Independent Safeguarding Authority...... 13 Child Care...... 1 Land Sales (Schools)...... 8 Class Sizes (Chelmsford) ...... 16 School Buildings ...... 14 ContactPoint...... 4 Standards (Primary Schools)...... 11 Head Teachers (Retirement)...... 15 Statementing ...... 9 Home Schooling ...... 10 Topical Questions ...... 16 WRITTEN MINISTERIAL STATEMENTS

Monday 12 October 2009

Col. No. Col. No. BUSINESS, ENTERPRISE AND REGULATORY HOME DEPARTMENT...... 11WS REFORM ...... 3WS HM Inspectorate of Constabulary Review (Home National Minimum Wage...... 3WS Office Leaks)...... 11WS

COMMUNITIES AND LOCAL GOVERNMENT.. 3WS JUSTICE...... 11WS Home Loss Payments (2009)...... 3WS Defamation Proceedings (Costs) ...... 12WS Freedom of Information Act 2000 ...... 12WS DEFENCE...... 4WS HM Courts Service Estates ...... 13WS Apache AH Mk1 Future Support Arrangements... 4WS Independent Parliamentary Standards Authority... 11WS

ENERGY AND CLIMATE CHANGE ...... 5WS SOLICITOR-GENERAL...... 13WS Carbon Reduction Commitment Energy Assisted Suicide ...... 13WS Efficiency Scheme ...... 5WS TRANSPORT ...... 13WS Urban Congestion Performance Fund ...... 13WS ENVIRONMENT, FOOD AND RURAL AFFAIRS...... 6WS TREASURY ...... 1WS Fly-tipping ...... 6WS Delegated Legislation (Counter-terrorism) ...... 1WS Greenhouse Gas Emissions...... 9WS Double Taxation Agreement (United Kingdom TB Eradication Group for England ...... 7WS and Malaysia) ...... 2WS Double Taxation Convention (United Kingdom FOREIGN AND COMMONWEALTH OFFICE..... 9WS and Austria)...... 2WS Turks and Caicos Islands ...... 9WS Equitable Life ...... 2WS National Reform Programme 2009 ...... 3WS HEALTH...... 10WS Human Papillomavirus (Cervical Cancer) WALES...... 14WS Vaccination Programme...... 10WS Legislative Competence Order ...... 14WS PETITIONS

Monday 12 October 2009

Col. No. Col. No. BUSINESS, ENTERPRISE AND REGULATORY DEFENCE...... 9P REFORM ...... 1P Bullying (Armed Forces)...... 9P Post Office Closure (Kent) ...... 1P ENERGY AND CLIMATE CHANGE ...... 10P Wind Farm Development (Wales)...... 10P BUSINESS, INNOVATION AND SKILLS ...... 2P Steel Industry (Yorkshire) ...... 2P HEALTH...... 11P Storage of Embryos ...... 11P CHILDREN, SCHOOLS AND FAMILIES ...... 3P Planning and Development (Essex)...... 3P HOME DEPARTMENT...... 13P Primary Education (Cheshire)...... 4P Air Guns (Control) ...... 13P Planning and Development (Essex) ...... 1P

COMMUNITIES AND LOCAL GOVERNMENT.. 6P TRANSPORT ...... 14P Care Services (Essex)...... 6P Public Transport (Lancashire)...... 14P Green Belt (Somerset)...... 7P Taxis (Liverpool)...... 14P Planning and Development (Northamptonshire) ... 8P Taxis (Northamptonshire)...... 15P Planning and Development (Plymouth) ...... 8P Travel Passes (Lancashire)...... 16P WRITTEN ANSWERS

Monday 12 October 2009

Col. No. Col. No. CHILDREN, SCHOOLS AND FAMILIES...... 182W CHILDREN, SCHOOLS AND FAMILIES—continued 16 to 19-year-olds: Funding ...... 182W Schools: Asbestos...... 234W Building Schools for the Future Programme ...... 184W Schools: Birmingham...... 234W Children: Databases...... 186W Schools: Buildings...... 235W Children: Day Care ...... 187W Schools: Crimes of Violence ...... 235W Children in Care...... 185W Schools: Energy ...... 235W Children in Care: Disabled...... 185W Schools: Manpower ...... 236W Children: Social Services...... 201W Schools: Playing Fields ...... 236W Children: Victim Support Schemes ...... 201W Schools: Swine Flu...... 236W Children’s Centres...... 201W Single Sex Education...... 237W Children’s Centres: Closures ...... 203W South Battersea: Secondary Education ...... 183W Children’s Centres: Hertfordshire ...... 203W Standards: Secondary Education ...... 182W Children’s Centres: Manpower...... 204W Sure Start Programme: Internet ...... 237W Children’s Trusts...... 204W Teachers: Training...... 238W City of York School Capital Spending ...... 183W Young People: Unemployment...... 238W Class Sizes: Birmingham...... 205W Youth Justice System...... 184W Class Sizes: Hertfordshire ...... 206W Departmental Dismissal...... 205W ELECTORAL COMMISSION COMMITTEE ...... 9W Departmental Electronic Equipment ...... 206W Electoral Commission: Publicity ...... 9W Departmental Female Staff...... 207W Voting Behaviour ...... 10W Departmental Flexible Working...... 207W Departmental Manpower...... 207W FOREIGN AND COMMONWEALTH OFFICE..... 34W Departmental Marketing ...... 208W Afghanistan ...... 34W Departmental Motor Vehicles...... 208W Afghanistan: Detainees...... 34W Departmental Non-Domestic Rates...... 208W Afghanistan: Elections...... 34W Departmental Official Hospitality...... 209W Algeria: Asylum...... 35W Departmental Part-Time Employment...... 210W Bangladesh: Human Rights ...... 35W Departmental Paternity Leave...... 210W British Nationality: Torture ...... 35W Departmental Pay ...... 210W China: Falun Gong ...... 36W Departmental Public Consultation...... 211W China: Human Rights...... 36W Departmental Recruitment ...... 212W Democratic Republic of Congo: Armed Conflict... 37W Departmental Recycling...... 212W Departmental Advertising...... 37W Departmental Sick Leave ...... 212W Departmental Internet ...... 38W Departmental Training ...... 212W Departmental Marketing ...... 38W Disadvantaged Pupils...... 183W Departmental Official Hospitality...... 38W Education: Finance...... 213W Departmental Public Expenditure...... 39W Education: Hertfordshire ...... 214W Departmental Recruitment ...... 39W Education: Internet...... 215W Departmental Recycling...... 40W Education Maintenance Allowance: East of Departmental Training ...... 40W England ...... 213W Departmental Travel ...... 40W Education Maintenance Allowance: Fiji: Methodists...... 41W Hertfordshire ...... 213W Gibraltar: Territorial Waters ...... 41W Education: Travelling People...... 215W Iran: Bahai Faith...... 42W Educational Visits: Vetting...... 215W Iran: Sanctions...... 42W Employment Tribunal Service ...... 216W Iraq: Iran ...... 43W FE Colleges: Funding ...... 183W Israel: Overseas Trade ...... 43W GCSE ...... 216W Libya: Foreign Relations...... 44W GCSE/Further Education ...... 217W Linda Carty ...... 45W Illiteracy...... 182W Middle East: Armed Conflict...... 45W Members: Correspondence ...... 219W Niger: Politics and Government...... 45W National Curriculum...... 184W North Korea: Human Rights ...... 46W OFSTED: Energy ...... 219W Occupied Territories: Housing ...... 46W Pre-1914 Schools: East Lancashire...... 184W Overseas Residence: Pets...... 47W Pre-School Education ...... 219W Pakistan: Blasphemy...... 47W Pre-School Education: Finance...... 221W Pakistan: Christianity ...... 48W Primary Capital Programme ...... 225W Petar Sutovic...... 48W Primary Capital Programme: North Yorkshire ...... 228W Punjab: Religious Freedom ...... 48W Primary Education: Finance ...... 228W Security...... 49W Primary Education: Free School Meals...... 228W Sri Lanka: Politics and Government ...... 49W Pupil Exclusions...... 229W Sudan: Females...... 50W Pupil Funding...... 182W Western Sahara: Fisheries ...... 50W Pupils: Drugs ...... 229W Western Sahara: Human Rights...... 50W Pupils: Epilepsy...... 230W Pupils: Languages ...... 230W HOUSE OF COMMONS COMMISSION...... 7W Pupils: Per Capita Costs...... 231W Drinking Water...... 7W Safeguarding Vulnerable Groups Act 2006 ...... 234W East of England Regional Grand Committee ...... 7W Col. No. Col. No. HOUSE OF COMMONS COMMISSION—continued JUSTICE—continued Internet: Registration...... 7W Departmental Manpower...... 101W Members: Email...... 8W Departmental Ministerial Policy Advisers...... 102W Members: Parking...... 8W Departmental Non-departmental Public Bodies .... 102W Outreach Officers: Manpower...... 8W Departmental Non-domestic Rates...... 103W Parliamentary Network: Computer Viruses ...... 8W Departmental Paternity Leave...... 103W Departmental Postal Services...... 104W INTERNATIONAL DEVELOPMENT...... 74W Departmental Public Expenditure...... 104W Afghanistan ...... 74W Departmental Recycling...... 105W Afghanistan: Overseas Aid...... 74W Departmental Training ...... 105W Afghanistan: Reconstruction ...... 74W Departmental Travel ...... 105W Budget April 2009...... 75W Driving Offences: Insurance...... 106W Departmental Advertising...... 75W Electoral Register...... 107W Departmental Dismissal...... 76W Employment Tribunals Service...... 108W Departmental Electronic Equipment ...... 76W Equal Opportunities ...... 109W Departmental Flexible Working...... 77W Ethnic Minorities: Manpower...... 109W Departmental Information and Communications Fines: Drugs ...... 110W Technology ...... 77W Forced Marriages Act 2008: Prosecutions ...... 112W Departmental Manpower...... 78W Land: Registration ...... 112W Departmental Marketing ...... 78W Libel: Internet ...... 113W Departmental Motor Vehicles...... 79W Lockerbie: Bombings ...... 113W Departmental Non-Domestic Rates...... 79W Manpower...... 113W Departmental Paternity Leave...... 79W Members: Correspondence ...... 114W Departmental Public Expenditure...... 80W National Offender Management Service: Finance.. 114W Departmental Recruitment ...... 80W Political Parties: Finance...... 115W Departmental Recycling...... 80W Press Releases ...... 115W Departmental Responsibilities ...... 80W Prison Accommodation ...... 116W Departmental Sick Leave ...... 81W Prison Sentences ...... 116W Departmental Training ...... 81W Prison Service: Finance...... 118W Developing Countries: Disabled...... 81W Prison Service: Secondment ...... 118W Developing Countries: Economic Situation ...... 83W Prisoner Escapes ...... 118W Developing Countries: Females...... 84W Prisoners: Compensation ...... 136W Developing Countries: Taxation ...... 84W Prisoners: Epilepsy...... 136W Fairtrade Initiative ...... 84W Prisoners: Females ...... 138W India and China: Overseas Aid ...... 85W Prisoners: Foreigners...... 138W International Women’s Day ...... 85W Prisoners: Learning Disability...... 139W Kenya: Food Supply...... 85W Prisoners: Mentally Ill...... 140W Malawi: Education...... 86W Prisoners: Mobile Phones ...... 139W Maldives: Overseas Aid...... 86W Prisoners Release: Foreigners...... 131W Overseas Aid...... 87W Prisoners Release: Reoffenders...... 133W Overseas Aid: Climate Change...... 87W Prisoners Release: Terrorism ...... 135W Overseas Aid: Forests...... 87W Prisons: Construction ...... 140W Overseas Aid: Human Rights...... 88W Prisons: Drugs ...... 142W Somaliland: Overseas Aid ...... 88W Prisons: Energy ...... 142W Sri Lanka: Armed Conflict ...... 89W Prisons: Manpower ...... 142W Sri Lanka: Overseas Aid ...... 89W Prisons: Security ...... 153W Written Questions: Government Responses ...... 89W Probation ...... 153W Zimbabwe: Overseas Aid...... 89W Probation: Essex ...... 156W Probation: Greater London ...... 156W Probation: Hertfordshire...... 157W JUSTICE...... 90W Probation Officers...... 154W Antisocial Behaviour: Fixed Penalties ...... 90W Probation Officers: Manpower...... 155W Bail Accommodation and Support Service ...... 90W Probation Officers: Training...... 155W Belmarsh Prison...... 91W Probation: Prison Service...... 159W British Constitution: Ministerial Statements...... 91W Probation: Terrorism...... 160W Children: Remand in Custody...... 92W Public Interest Lawyers ...... 160W Civil Proceedings: Fees and Charges ...... 91W Regional Offender Managers: Finance...... 161W Community Orders: Publicity ...... 93W Regional Offender Managers: Manpower ...... 161W Corporal Punishment: Young people ...... 94W Regional Offender Managers: Pay...... 162W Crimes of Violence: Females...... 94W Reoffenders...... 162W Criminal Injuries Compensation: Driving Restraint Techniques: Young Offenders ...... 164W Offences ...... 95W Scotland...... 165W Cycling: Prosecutions...... 95W Self-harm: Incidents...... 165W Data Protection...... 97W Shia Courts ...... 166W Debt Collection...... 98W Shoplifting: Fixed Penalties ...... 167W Departmental Advertising...... 99W Shoplifting: Sentencing ...... 167W Departmental Consultants...... 99W Surplus Employee ...... 167W Departmental Databases...... 99W Surveillance...... 168W Departmental Electronic Equipment ...... 99W Unpaid Fines ...... 168W Departmental Flexible Working...... 100W Young Offender Institutions...... 168W Departmental Internet ...... 100W Young Offender Institutions: Injuries...... 169W Departmental Location...... 101W Col. No. Col. No. JUSTICE—continued SCOTLAND—continued Young Offenders: Magistrates Courts ...... 170W Departmental Responsibilities ...... 24W Young Offenders: Reoffenders ...... 170W Economic Situation...... 24W Young Offenders: Sentencing ...... 170W Glasgow...... 24W Young People: Remand in Custody...... 171W Youth Custody...... 172W SOLICITOR-GENERAL...... 1W Youth Custody: Restraint Techniques ...... 181W Gary Critchley ...... 1W Youth Justice...... 181W Police Cautions: Crimes of Violence ...... 2W

LEADER OF THE HOUSE ...... 9W WALES...... 24W Departmental Training ...... 9W Business: Government Assistance ...... 24W Empty Dwelling Management Orders: Legal Departmental Advertising...... 25W Costs...... 9W Departmental Billing ...... 25W Impact Assessments ...... 9W Departmental Manpower...... 25W Departmental Motor Vehicles...... 25W NORTHERN IRELAND ...... 11W Departmental Postal Services...... 25W Ambulance Services: Crimes of Violence ...... 11W Departmental Procurement...... 26W Arrests: Civil Disorder ...... 11W Departmental Public Expenditure...... 26W Aviation: Meetings...... 11W Departmental Recycling...... 26W Bomb Disposal ...... 11W Departmental Travel ...... 26W Departmental Advertising...... 11W Legislative Competence: Wales ...... 27W Departmental Recycling...... 12W Departmental Responsibility ...... 12W WOMEN AND EQUALITY ...... 27W Departmental Training ...... 13W Budget April 2009...... 27W Departmental Travel ...... 16W Departmental Conditions of Employment...... 27W Devolution...... 17W Equality and Human Rights Commission...... 28W Drugs: Sentencing...... 17W Equality and Human Rights Commission: Economic Situation...... 17W Finance...... 28W Orange Halls...... 18W Equality and Human Rights Commission: Police: Injuries ...... 18W Industrial Disputes ...... 31W Police Service of Northern Ireland...... 18W Equality and Human Rights Commission: Police Service of Northern Ireland: Army...... 18W Manpower ...... 31W Police: Vehicles...... 19W Government Equalities Office: Flags...... 31W Prisoners: Maghaberry Prison...... 19W Government Equalities Office: Flowers...... 32W Prisoners: Magilligan Prison ...... 19W Government Equalities Office: Manpower...... 32W Relocation...... 19W Housing: Finance...... 32W Security...... 20W Immigrants: Housing ...... 32W Terrorism ...... 20W International Women’s Day...... 32W Weapons: Licensing ...... 20W Members: Correspondence ...... 32W Young People: Missing Persons...... 20W Public Sector: Procurement...... 33W Refuges: Domestic Violence...... 33W OLYMPICS ...... 1W Travelling People...... 33W CLM: Finance ...... 1W Departmental Advertising...... 2W WORK AND PENSIONS ...... 51W Members: Correspondence ...... 3W Attendance Allowance...... 51W Olympic Delivery Authority: Pay ...... 3W Attendance Allowance: Birmingham ...... 51W Olympic Games 2012 ...... 5W Carer’s Allowance ...... 52W Olympic Games 2012: Cycling ...... 5W Carer’s Allowance: Hemel Hempstead ...... 53W Olympic Games 2012: Employment ...... 5W Children: Maintenance ...... 53W Olympic Games 2012: Hertfordshire...... 6W Cold Weather Payments: Birmingham ...... 54W Olympic Games 2012: Paralympic Games 2012 ..... 6W Departmental Electronic Equipment ...... 55W Olympic Games 2012: Plants ...... 6W Departmental Manpower...... 55W Departmental Official Hospitality...... 56W PRIME MINISTER ...... 20W Departmental Paternity Leave...... 56W Afghanistan ...... 20W Departmental Pay ...... 55W Cabinet Committees: Data Protection...... 21W Departmental Public Expenditure...... 57W Defence: Procurement...... 21W Departmental Recycling...... 59W Domestic Visits ...... 21W Elderly: Charities ...... 59W Legislation ...... 21W Housing Benefit ...... 60W Libya: Northern Ireland...... 21W Housing Benefit: Birmingham ...... 61W Lockerbie: Bombings ...... 22W Housing Benefit: Reform ...... 61W Official Gifts ...... 22W Incapacity Benefit ...... 61W Social Care Green Paper ...... 22W Incapacity Benefit: Perth...... 61W UN...... 22W Jobcentre Plus ...... 61W USA...... 23W Jobcentre Plus: Buildings ...... 62W Jobcentre Plus: Complaints...... 62W SCOTLAND...... 23W Jobcentre Plus: Pay ...... 63W Departmental Advertising ...... 23W Jobcentre Plus: Training...... 63W Departmental Billing ...... 23W Jobseeker’s Allowance ...... 64W Departmental Manpower...... 23W Jobseeker’s Allowance: Lone Parents ...... 64W Departmental Recycling...... 24W Members: Correspondence ...... 65W Col. No. Col. No. WORK AND PENSIONS—continued WORK AND PENSIONS—continued National Insurance Contributions: Young People.. 65W Social Fund...... 69W New Deal Schemes: Contracts ...... 65W Social Security Benefits...... 70W New Deal Schemes: Hemel Hempstead...... 65W Social Security Benefits: Fraud ...... 71W Nuclear Installations Inspectorate: Manpower ...... 66W Social Security Benefits: Pay Methods ...... 71W Nuclear Power: Safety...... 66W Social Security Benefits: Per Capita Costs...... 71W Pension Credit: Birmingham...... 67W State Retirement Pensions...... 72W Pension Credit: Hemel Hempstead ...... 67W State Retirement Pensions: Birmingham ...... 72W Pensions Service: Manpower...... 68W State Retirement Pensions: Perth ...... 73W Retirement ...... 68W Unemployment Benefits...... 73W Scotland...... 68W Winter Fuel Payments...... 73W MINISTERIAL CORRECTIONS

Monday 12 October 2009

Col. No. Col. No. INTERNATIONAL DEVELOPMENT...... 1MC TREASURY ...... 1MC Afghanistan ...... 1MC Tax Credit Office: Correspondence...... 1MC Afghanistan: Overseas Aid...... 2MC 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, nor can corrections be made in the Weekly Edition. Corrections which Members suggest for the Bound Volume should be clearly marked in the Daily Report, but not telephoned, and the copy containing the Corrections must be received at the Editor’s Room, House of Commons,

not later than Monday 19 October 2009

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CONTENTS

Monday 12 October 2009

List of Government and Principal Officers of the House

Oral Answers to Questions [Col. 1] [see index inside back page] Secretary of State for Children, Schools and Families

Sale of Government Assets [Col. 23] Answer of urgent question—(Mr. Byrne)

Libya [Col. 29] Statement—(Mr. David Miliband)

Personal Statement (Jacqui Smith) [Col. 43]

Health Bill [Lords] [Col. 44] As amended, considered Read the Third time and passed

Petition [Col. 134]

Water Charges [Col. 135] Debate on motion for Adjournment

Written Ministerial Statements [Col. 1WS]

Petitions [Col. 1P] Observations

Written Answers to Questions [Col. 1W] [see index inside back page]

Ministerial Corrections [Col. 1MC]