Friday Volume 497 16 October 2009 No. 125

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Friday 16 October 2009

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Solicitor-General to make a statement about the Yvonne House of Commons Fletcher case? It emerged last night that, two years ago, a senior lawyer carried out an independent review of Friday 16 October 2009 the case for the Crown Prosecution Service in which he said that the two Libyans involved could be charged for conspiracy to cause death. Neither had diplomatic The House met at half-past Nine o’clock immunity; they escaped from the Libyan embassy. The report made it clear that both those men played an instrumental role in the murder of WPC Yvonne Fletcher. PRAYERS Last night, as I said, it emerged that the Crown Prosecution Service had confirmed that, two years on, The Second Deputy Chairman of Ways and Means took the police had still not provided it with the final case file the Chair as Deputy Speaker (Standing Order No. 3). containing the admissible evidence. Surely the Home Secretary should make a statement explaining why the NEW WRIT Metropolitan police are sitting on that vital evidence, Ordered, and to put our minds at rest by assuring us that Britain’s That the Speaker do issue his Warrant to the Clerk of the trade interests are not being put before the interests of Crown, to make out a new Writ for the electing of a Member to bringing criminals to justice. I seek your guidance, serve in this present Parliament for the Borough Constituency of Mr. Deputy Speaker. Glasgow, North-East in the room of Michael John Martin, who since his election for the said Borough Constituency has accepted Mr. Deputy Speaker: I have not so far been given the Office of Steward or Bailiff of Her Majesty’s Manor of notice that any Minister is proposing to come to the Northstead in the County of York.—(Mr. Nicholas Brown.) House to make a statement, but, again, Ministers will have heard the points made by the hon. Gentleman and 9.34 am will, I am sure, take note of them. Mr. Andrew Dismore (Hendon) (Lab): I beg to move, Damages (Asbestos-Related Conditions) That the House sit in private. Bill Question put forthwith (Standing Order No. 163). Consideration of Bill, not amended in the Public Bill A Division was called. Committee

Mr. Deputy Speaker (Sir Michael Lord): Division off. Clause 2 Question disagreed to. PLEURAL THICKENING AND ASBESTOSIS Mr. Christopher Chope (Christchurch) (Con): On a 9.40 am point of order, Mr. Deputy Speaker. Before we get to Mr. Christopher Chope (Christchurch) (Con): I beg to the Bill, I would like to raise with you an issue arising move amendment 10, page 1, line 15, leave out from what the Leader of the House said at column 449 yesterday in answer to a question put by my right hon. ‘, is not causing or is not likely to cause’ and learned Friend the Member for Sleaford and North and insert Hykeham (Mr. Hogg). The Leader of the House said: ‘and is not causing but is likely to cause’. “We obviously have to judge things by the rules and standards Mr. Deputy Speaker: With this it will be convenient that obtained at the time; doing anything else would be arbitrary.”— to discuss the following: amendment 11, page 1, line 21, leave [Official Report, 15 October 2009; Vol. 497, c. 449.] out In today’s edition of The Independent and on the BBC ‘, is causing or is likely to cause’ there are reports that Mr. Speaker is to say something and insert ‘or is causing’. different on “The Week at Westminster” tomorrow. I Amendment 12, page 1, line 22, at end insert wondered whether you could ensure that Mr. Speaker shares with us on Monday his thoughts about the Legg ‘if it is likely to cause such impairment’. report so that we can discuss the matter in the House Amendment 13, in clause 3, page 2, line 10, leave out rather than have it aired only on the media. As I made ‘, is not causing or is not likely to cause’ clear in a point of order in June, we in the House are and insert insistent that we should hold Ministers of the Crown to ‘and is not causing but is likely to cause’. account for their statements, and on something as sensitive as the Legg report, I believe that Mr. Speaker would Mr. Chope: Amendment 10 would amend the Bill’s wish to have questions put to him to answer. definition of the personal injury which would constitute actionable damage. Amendments 11, 12 and 13 would Mr. Deputy Speaker: That is not a matter that I can make similar changes to other parts of the Bill to ensure deal with this morning. No doubt all the parties concerned consistency. with these matters will have heard the hon. Gentleman’s I hope that I will not be thought to be critical of the points and take them into consideration when they Bill but, rather, will be considered to be a critical friend decide on their courses of action. of the hon. Member for Hendon (Mr. Dismore). The subject of pleural plaques and whether they should be Mr. Henry Bellingham (North-West Norfolk) (Con): regarded as a condition amounting to an actionable On a point of order, Mr. Deputy Speaker. I would like personal injury is highly emotionally charged. As a your advice and guidance on whether you have received former member of the Health and Safety Commission, a request from the Home Secretary or, possibly, the I am well aware of the health and safety aspects of 553 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 554 Conditions) Bill Conditions) Bill [Mr. Chope] my reasons for trying to draw out a response from the Minister. However, I share my hon. Friend’s scepticism exposure to asbestos, and as a former Member for and criticism of the extraordinary way in which the Southampton, Itchen—a constituency containing a Government have been behaving. disproportionately large number of people who had I did a bit of research overnight, as one does, and worked in the ship repair industry and related industries—I noticed that when consultation was announced last am well aware of the hardship caused to the families of year, no less a person than the Government Chief those who have died or are suffering as a result of Whip—from whom we have already heard once today— asbestos-related disease. I am therefore very sympathetic expressed the view on his website, on behalf of his to the cause espoused by the hon. Member for Hendon. constituents, that it was very good news and that progress However, as a lawyer by training and background, I am would be made as a result. I hope that he will return to also anxious that we should retain consistency in the the Chamber during the debate, and will let us know his application of legal principles, even when dealing with present view of the way in which the Government have highly charged and emotional subject matter. Everyone behaved since then. is familiar with the dictum that hard cases make bad The amendments are designed to try to find a middle law. Indeed, I believe that some of us in the House are way, and above all to provoke a response from the currently experiencing the application of that dictum in Government. As currently drafted, clause 2(1) would other contexts. enable compensation to be paid even when the condition When clause 2 was discussed in Committee, the hon. “has not caused, is not causing or is not likely to cause impairment Member for Cambridge (David Howarth)—I am sorry of a person’s physical condition”. that he is not present today—argued that Even when there is no likelihood of future physical “anyone who has been exposed to asbestos is in a similar position impairment, damages would be payable. How can such to someone with pleural plaques, asymptomatic pleural thickening or asymptomatic asbestosis, in that they are at risk of developing a proposition be consistent with the law of tort? I do the serious diseases in the future.”––[Official Report, Damages not think that it can be, and, indeed, that is what the (Asbestos-Related Conditions) Public Bill Committee, 1 July 2009; unanimous ruling of the House of Lords amounted to. c. 12.] In February, during a debate in Westminster Hall— In responding to his point, the Minister led us to believe another signpost on the route march to what people that she was rather sympathetic to it and would wish to hoped would be a declaration of the Government’s return to the issue on Report. It was with some amazement views on the matter—the hon. Member for Wansbeck that I noted that the amendment paper contained no (Mr. Murphy) said: Government amendments, given that on two occasions “People who have been diagnosed with pleural plaques can in Committee the Minister had indicated that she would think of little else, and all that they can consider is that their next have to consider the issues and whether the Government step could be a fatal one, so it is vital that compensation is might wish to table amendments. paid.”—[Official Report, 11 February 2009; Vol. 487, c. 445WH.] What concerns me is that the Minister herself, having As he said, he was speaking as somebody who had expressed reservations, seems still not to have pronounced worked in the mining industry for some 30 years during on whether she wishes the Bill to proceed in its current which he had been almost continuously exposed to form, whether she would like it to be amended, or asbestos. His own position is therefore almost identical whether she wishes that it was not there at all and wants to that of people with pleural plaques. They have had to will it into the long grass. The position is made worse long exposure to asbestos, but do not yet have—and it is by the fact that on repeated occasions over the past to be hoped will not get—pneumoconiosis as a result. 15 months or so the Government promised that the An issue to do with morbidity rears its ugly head at results of their consultation paper on this sensitive this point. We know that people who think that they are matter would be published shortly, very shortly or likely to get a serious, life-threatening or fatal disease imminently, before the recess. In July, at the very end of sometimes become morose and morbid about that. The the period when the House was sitting, no less a person Government’s consultation process was designed in part than the Secretary of State for Justice said that he to raise the issue of whether we should try to allay the would respond after the recess. I have discussed the fears of people who have been exposed to asbestos by matter informally with the hon. Member for Hendon, stressing that mere exposure to it does not necessarily and I believe that I am not alone in feeling surprised result in physical harm let alone loss of life, although we that we have not yet heard that statement from the know that, sadly, in many cases that has been the Justice Secretary. consequence. Mr. Henry Bellingham (North-West Norfolk) (Con): What I propose is a middle way. I have used the word Does my hon. Friend agree that it is curious that the “likely”. When we define something as likely to happen, Government have not been more supportive of the Bill? we mean that there is more than a 50 per cent. chance or As I understand it, the Bill would return to the position risk of a particular outcome. If we say something is as to the status quo ante, and would solve the problem likely or not to happen we mean that there is a 50:50 caused by the House of Lords ruling, obviating the chance, but if we say something is likely we mean that need for the Government to come up with a large there is a greater than 50 per cent. chance of its happening. amount of taxpayers’ money. It could be a win-win I think that if somebody has got a more than 50 per situation for everyone. cent. chance of suffering a physical result from exposure to asbestos, a genuine argument can be put forward as Mr. Chope: I am not sure I agree that if the Bill were to why they should be entitled to damages. However, I passed in its current form it would bring back the status do not think that it is possible to put forward that quo ante, because I think that what is in the Bill is argument with the same strength if it is said that there is slightly different from the status quo ante. That is one of a zero chance that a person will be subjected to some 555 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 556 Conditions) Bill Conditions) Bill life-threatening disease as a consequence of such exposure. Division No. 220] [9.57 am That highlights the challenge that the promoter of the Bill, the hon. Member for Hendon, must meet. AYES It is also a challenge that may have been causing some Hollobone, Mr. Philip Tellers for the Ayes: problems for the Government, but however difficult a Steen, Mr. Anthony Philip Davies and legal issue might be, ducking it, running away from it, Widdecombe, rh Miss Ann Mr. Christopher Chope prevaricating or delaying is not helpful. The consequence of the Government’s failure to address this issue is that NOES thousands, if not tens of thousands, of people are Bottomley, Peter McFadden, rh Mr. Pat completely in limbo land in respect of their claims. Brown, Lyn McIsaac, Shona They are in limbo land if their claims are before the Brown, rh Mr. Nicholas Mudie, Mr. George courts at present and have been suspended pending the Bruce, rh Malcolm O’Brien, rh Mr. Mike announcement of the outcome of the Government Bryant, Chris Primarolo, rh Dawn consultation and its being known whether they wish to Clapham, Mr. Michael Purchase, Mr. Ken legislate. People who might have to pay any bills as a Cunningham, Mr. Jim Raynsford, rh Mr. Nick result of a retrospective change in the law are also in Fitzpatrick, Jim Rooney, Mr. Terry limbo land. Follett, Barbara Rowen, Paul It appears that there is a lot of activity in the Labour Goodman, Helen Shaw, Jonathan party, with one group of people or another being blamed. Harris, Dr. Evan Sheridan, Jim Hepburn, Mr. Stephen Simon, Mr. Siôn Lord Mandelson has come in for quite a lot of stick in Hillier, Meg Skinner, Mr. Dennis the Daily Mirror, I read; I do not know whether that is Irranca-Davies, Huw Smith, rh Angela E. (Basildon) fair. What I do know, however, is that a failure to reach Jones, Mr. Kevan Thomas, Mr. Gareth a decision is oppressive for all those people who are Keeley, Barbara Thornberry, Emily affected in one way or another by this situation. I hope Khan, rh Mr. Sadiq Timms, rh Mr. Stephen that the Minister will tell us today, in words of one Kidney, Mr. David Turner, Dr. Desmond syllable, exactly what the Government will do and when Mackinlay, Andrew Tellers for the Noes: they will do it, and that she will explain and apologise Mallaber, Judy Mr. Andrew Dismore and for the fact that the Government have not faced up to Marris, Rob Mr. David Anderson this issue up until now. The Government must realise that if the opportunity Question accordingly negatived. to legislate on the matter through this Bill is missed there would have to be emergency legislation at the tail-end of this Parliament, and that might not be at all easy to achieve. The Bill could be used as a vehicle for Clause 3 achieving the objective, and at one stage I thought the Government were using it as such, but their failure to table any amendments notwithstanding the concerns LIMITATION OF ACTIONS expressed in Committee makes me suspicious of their motives. I may be being unfair, but I judge things today on the basis of the record, and the current Government’s Mr. Chope: I beg to move amendment 14, page 2, record of being open and forthcoming with the House line 13, leave out paragraph (b). is dismal and appalling in the extreme. The amendments do not purport to provide a perfect Mr. Deputy Speaker: With this it will be convenient solution. I believe that they are an improvement on the to discuss the following: amendment 15, page 2, line 15, leave current draft, however, and I look forward to hearing out subsection (2). what the Government have to say. I am sure that many Amendment 16, page 2, line 20, leave out clause 4. Labour Members, as well as my hon. Friend the Member for Shipley (Philip Davies) who supports the amendments, Amendment 17, in clause 5, page 2, line 31, leave out are of a similar view. A few succinct words from the subsection (2). Minister—I am happy to give way to her if she wants to intervene on me now—could certainly allay a lot of Mr. Chope: The purpose and effect of amendment 14 concerns. Amendments 11 and 12 amend clause 2(3) are to remove a retrospective element from the Bill. In and amendment 13 amends clause 3 to achieve the same Committee, the Minister said that clause 3 objective. “does not reflect the different legislation on limitation periods for We do not need to go into the alternatives possible Northern Ireland. We shall have to look at that at a later stage.”– should amendment 10 not be agreed—and, indeed, if –[Official Report, Damages (Asbestos-Related Conditions) Public the Bill is not passed—but perhaps the Minister will Bill Committee, 1 July 2009; c. 13.] comment on the suggestion made in obiter dicta by some of the Lords in the House of Lords decision that I am amazed that in the previous debate, notwithstanding those who are seemingly without a remedy in negligence the concern expressed in all parts of the House on this may be able to get access to a remedy for breach of issue, the Minister did not have the courtesy to explain contract. If she were to share with the House any the Government’s position on the Bill. In private, during thoughts on that that she might have, it would inform the Division, I asked her why she had not spoken and the debate on future amendments and on Third Reading. her reply was that it was because she was neutral on the Bill. If the Government are neutral on it, how come so Question put, That the amendment be made. many Ministers voted against the previous amendment? The House divided: Ayes 3, Noes 39. There seems to be some inconsistency. 557 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 558 Conditions) Bill Conditions) Bill Mr. Deputy Speaker: Order. I am sure the hon. Mr. Chope: My hon. Friend makes a good point. As Gentleman realises that we cannot dwell on the previous soon as we start discussing retrospection, we are talking amendment and the vote on it. We must move on to the about arbitrariness. That is why most people deplore amendments before us. the principle of retrospection. Most written constitutions outlaw retrospective legislation, which means that if a Mr. Chope: I fully accept that, Mr. Deputy Speaker, Parliament seeks to introduce such legislation, it can be but I am hoping that as a result of what I am saying the challenged successfully through the jurisdiction of the Minister will earn her keep—her substantial salary—by courts of the country in question, on the basis that it is making the effort to stand at the Dispatch Box after I contrary to the constitution. This country does not have have spoken to explain her views on amendment 14 and a written constitution and we rely, in a sense, on this the associated amendments and explain what she meant House to police the standards that we have traditionally by those comments in Committee. I know the frustration held dear and the principles that we have traditionally of so many Members—mainly, but not exclusively, Labour held dear, which include being against retrospection. Members—who have been campaigning on this issue at Yet this Bill would have the effect of changing the rules the fact that the Government have not responded to the back to what its promoter thinks they were before. consultation and not yet said what they are going to do. However, they would not return to what they were I am surprised and disappointed that there was not before, because what he is really saying is that the law greater participation in the previous debate—I hope would be changed back to what is contained in this Bill. that there will be more in this one. That means using some indeterminate point in the past, The importance of these amendments is that they the length of which backwards would be limited only by deal with retrospection and the consequences of changing the operation of the limitation legislation. That would the law. The promoter of the Bill, the hon. Member for create all sorts of unintended consequences and manifest Hendon (Mr. Dismore), said that if anyone wanted to injustices, along the lines that my hon. Friend has take advantage of the law, they would still be able to do outlined. so on a retrospective basis. In my view, if anyone wishes I do not know whether the Government are neutral to take advantage of the new law, they should have to about this matter, whether they are silent or whether commence proceedings for the remedies under it after they are just in contempt of Parliament. If we do not the Bill comes into force—that would be the normal get an answer on this, it would be very sad indeed, procedure. I do not believe that the Bill is an exact because surely those outside this place should be able to replication of what happened before the House of Lords know the Government’s response on this issue, which judgment, so it would create a new legal framework. If has been included in the Bill. I do not know whether people wish to take advantage of that framework, they there is a conspiracy of silence involving the Government would have to start proceedings under that framework. and Labour Members, and I do not know the Government’s The Bill, as drafted, would mean that those who had motive on this matter. I feel sad that a Bill that has begun their actions but had not brought them to a progressed this far, through the ingenuity of the hon. conclusion would be in a better position than those who Member for Hendon, is being looked at by the Government had brought actions and had them determined for as if it were of no relevance whatever. The Minister will lesser sums or on a compromise basis under the old law, not account for herself. I shall give way to her if she so some people would be at a severe disadvantage. wishes to indicate whether or not she will respond to I am also concerned about the issue of retrospection, this debate. Is she just going to sit there and not respond? which is a hot topic. As my right hon. and learned She is smiling—perhaps she will say whether she will Friend the Member for Sleaford and North Hykeham respond to this. (Mr. Hogg) said yesterday, it goes to the root of what we mean by the rule of law. If we do not comply with The Parliamentary Under-Secretary of State for Justice the rule of law and if we start implementing retrospective (Bridget Prentice): Later. legislation, we create—[Interruption.] So many sedentary comments are being made at the same time that I Mr. Chope: That is great; we are making some progress. cannot hear them. If hon. Members wish to intervene If the Minister responds to this debate, I will have the one by one—seriatim, to put it in legal terms; I know chance to respond to her comments, and that will be that the hon. Member for Wolverhampton, South-West helpful. (Rob Marris) will understand that term, even if some of Philip Davies (Shipley) (Con): I absolutely agree with his colleagues do not—I shall do my best to respond to my hon. Friend’s point about the principle of retrospection, them. which is clearly arbitrary and unfair. Does he agree that it might well not be a good argument to use with this 10.15 am Government to try to persuade them of our case, since Mr. Simon Burns (West Chelmsford) (Con): I can they have already introduced legislation retrospectively? understand in principle my hon. Friend’s antipathy to In fact, they went even further than that and introduced the whole concept of retrospection. With regard to taxes retrospectively in this Parliament. asbestos, however, a problem emerges. A constituent of mine is suffering from lung cancer as a result of asbestos Mr. Chope: My hon. Friend is right. We have had lots in schools; it has been established that her working of complaints about those retrospective tax changes, environment caused her medical complaint. If the Bill but in fairness to the Government—although I am were to be enacted, she would presumably not be able to reluctant to be fair to them—there has always been an claim any compensation. That is a bit unfair, given that element of retrospection in relation to tax legislation. after this Bill is enacted—if that is what happens—other That is why at the beginning of the Budget debate people would be able to claim. Unfairness might be certain of the measures in the orders on taxation are created purely because of the use of an arbitrary date. always deemed to have had retrospective effect even 559 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 560 Conditions) Bill Conditions) Bill though they have not been passed by the House at that teacher could seek to claim compensation as it would stage. There have always been arguments in very special not be a retrospective claim, but my constituent could circumstances for the use of retrospective legislation in not. That, to me, seems arbitrary, unfair and illogical. relation to tax, but my hon. Friend is absolutely right to That is why I have a misgiving about the intention of say that this Government have extended those conventions the amendments although I have considerable sympathy far in excess of what they used to be. with the principle of what my hon. Friend is trying to We now have this Bill, which might or might not have do. When the Minister speaks, perhaps she can address been connived at by the Government—we will find out this point and give us the benefit of her role as a Justice shortly—and which sets a dangerous precedent. It makes Minister and of the legal advice that she can receive by it much more difficult for those who compromise their suggesting how we could get round this problem so that principles about retrospection to argue against the we do not have to take the all-or-nothing approach that retrospective elements of Sir Thomas Legg’s rulings, my hon. Friend’s amendments would introduce. because it makes them look as though they are prepared Mr. Andrew Dismore (Hendon) (Lab): I do not want to argue against retrospection only when it affects them to detain the House, but I would question whether this personally rather than a matter of principle. My hon. is a fully retrospective measure. As the hon. Member for Friend the Member for Shipley (Philip Davies) and I Christchurch (Mr. Chope) conceded, the cases that have can openly say that we are against retrospection in all already been disposed of will not be reopened as a circumstances rather than just in circumstances where it consequence of these changes. Earlier, the hon. Gentleman might affect us. There is some commendable consistency talked about the thousands of cases that were in limbo. on this issue coming from Conservative Members, and I The Bill will make provision for those thousands of hope that my hon. Friend the Member for North-West cases and will ensure that those people can bring their Norfolk (Mr. Bellingham), who sits on the Front Bench, cases forward rather than having them simply stay as will likewise be able to endorse that and say that he, as a they are. There is nothing, of course, that would stop shadow Justice Minister, supports the principle that we new claims being brought. should not have retrospection. As a barrister by profession The hon. Gentleman is overstating his case a little and training, he will understand and share my concerns when he talks about the retrospectivity of the provisions. about that. They are there to plug the gap in the law that was I shall sit down now and listen to what the Minister created by the House of Lords. Effectively they suspend has to say, so that I can respond to her points. Perhaps the limitation period for the period since the decision in the promoter of the Bill might give the House the the House of Lords to the date when the Bill becomes courtesy of a response on the issue, too, because it is too an Act, and then the limitation period starts to run important a subject to be left uncommented on. again. The arbitrary nature of retrospectivity was talked about, but this provision is not arbitrary—it is extremely circumscribed and will apply only to cases of pleural Mr. Burns: I do not wish to detain the House for plaques. long, but I wanted to make one or two points on the The hon. Member for West Chelmsford (Mr. Burns) amendments introduced by my hon. Friend the Member referred to his constituent’s case. As he will probably for Christchurch (Mr. Chope). know, I was a personal injury lawyer before I came to In principle, I have considerable sympathy with what the House. Once a lawyer, always a lawyer, and although my hon. Friend seeks to do. If his amendments were to I am not practising cases I still have a practising certificate be successful, they would remove the retrospective nature and am a consultant with my firm. If he wants to have a of the Bill. Like him, I have concerns about retrospective word with me afterwards, I will discuss his constituent’s legislation because it can be arbitrary and—in many case with him and see whether I can come up with any unforeseen and foreseen circumstances—unfair. However, ideas. It is not clear from what he said whether his when one is considering retrospection, one has to judge constituent’s case failed because of the limitation defence it case by case. There are some circumstances in which under section 14 of the Limitation Act 1980, which retrospection is not so unfair, or in which it should be concerns the date of knowledge, or because an application considered as an evil, as it might appear at first sight. was made to extend under section 33 of the Act, or There are cases—such as in any legislation that involves whether it failed for other reasons to do with liability. medical conditions—where it might actually be more unfair not to have a retrospective element. Medical Mr. Burns: I was not saying that my constituent’s case conditions do not occur uniformly and some people had failed. The point I was making was that if the might be affected by a new piece of legislation whereas amendments were accepted and the Bill become an Act others would not, which would cause unfairness. and if my constituent now wanted to pursue a claim, she would presumably not be able to because her existing As I said in my intervention, I have a constituent who medical condition is known and she has known about it spent all her working life as a dedicated teacher. for some time, whereas if someone discovered after the Unfortunately—this is beyond dispute—she contracted Bill was enacted that they had the same medical condition, lung cancer as a result of working in an environment they would be able to make a claim. That would be an where asbestos was present, which has had a life-changing unfair difference between the two individuals. and dramatic effect on her health. If this Bill were to become law and these amendments were accepted, she 10.30 am would not be eligible to seek compensation under the Mr. Dismore: The hon. Gentleman is comparing apples Bill. In theory, someone else who might have been and oranges. As I said, I am happy to discuss his working at the same time and on the same premises constituent’s case with him after the debate if he wants might at a later stage develop the same medical condition. to do so, but that case would be dealt with under Presumably, if the amended Bill became law, that second existing law. 561 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 562 Conditions) Bill Conditions) Bill [Mr. Dismore] There is nothing particularly novel about the measure; it is very modest and circumscribed. To the minimal The problem is that the House of Lords decision said extent that it is retrospective, it is justified and I hope that pleural plaques were not compensatable. Lung that the House will reject the amendment. cancer attributable to asbestos is compensatable, although if the claim was left too long the three-year limitation Mr. Bellingham: I am grateful to my hon. Friend the period may have expired, and when the case was brought Member for Christchurch (Mr. Chope) for proposing there may be arguments about the date when the claimant and explaining his amendments. I have only a couple of knew the cancer was attributable and about whether the comments and questions. judge should give discretion to disapply the limitation As I understand clauses 1 and 2, they put back the period under section 33. There may even be a defence old common law, but one of my concerns is the possibility on causation or failure to satisfy the burden of proof. for parallel litigation. Indeed, the Association of British There could be a series of reasons. Insurers has talked of a flood of exposure-related cases The Bill does nothing to affect existing law as it relating to different types of toxic products. However, applies in the case of the hon. Gentleman’s constituent having studied the Bill carefully, I think the association and she may indeed have other arguments to advance. is being overly alarmist, because it is tightly drawn. On that basis, I hope he will withdraw his concerns I should certainly like to hear what the Minister has about the Bill. It is a narrow, circumscribed provision to to say, because we are really going to the hub of the Bill deal with a specific problem created by the House of in this debate. I agree with my hon. Friend about Lords case. retrospection: in principle, it is not a good thing. It is extremely unsatisfactory when applied to tax law—indeed, Mr. Burns: I feel that I have nothing to withdraw. I to any law—to Executive actions or involvement in am sorry if my comments were not clear enough, but Members’ affairs. On the other hand, if we are to my concerns were about the amendments, not the Bill. overturn a judgment of the highest court of the land, there must, by definition, be provisions for individuals Mr. Dismore: The amendments would make no difference who might mount an action in the period between a to the case of the hon. Gentleman’s constituent. There House of Lords judgment and new legislation coming would be no benefit to her whether or not they were into effect. That is why the hon. Member for Hendon accepted, because the measure applies only to pleural (Mr. Dismore) has a strong case when he points out that plaques. the suspension of the limitation period relates only to pleural plaques. Mr. Chope: One of the amendments we propose Although my hon. Friend the Member for Christchurch would leave out clause 4. Subsection (2) states: is right about the principle, I should like to hear what the expert—who is of course the Minister—has to say. “Sections 1 and 2 are to be treated for all purposes as having There is bound to be an element of retrospection but I always had effect.” agree with the hon. Member for Hendon that the Bill is That is a retrospective change in the law, so does the absolutely focused and specific; it refers only to pleural hon. Gentleman accept that clauses 1 and 2 do not plaques and cannot be extended as the ABI fears. I am replicate exactly the law as it was before the House of comfortable with the clauses as they stand, although I Lords decision? share the concerns expressed by my hon. Friend. However, at this stage, it is important that we hear the view of the Mr. Dismore: We could end up in a rather semantic sponsoring Department. jurisprudential argument about what was or was not the Philip Davies: I am listening to my hon. Friend with law before the House of Lords judgment. Theoretically, interest, but does he agree that it is important to defend the House of Lords simply stated what the law always the retrospection principle? Retrospection may apply was, so to that extent I agree with the hon. Gentleman, only in narrow cases in relation to this Bill, but once the but in practice the Bill turns back the law to what principle of retrospection is conceded on a regular basis everybody thought it was before the House of Lords it makes it easier to introduce in many other things. judgment. That may be a semantic point, but it is the thrust of the Bill—although only in so far as it relates to Mr. Bellingham: My hon. Friend is absolutely right. pleural plaques. He and I share opinions on many issues, including this one. The only point I put to him is that if one is to use Philip Davies: But with respect, the Bill does not legislation—albeit a private Member’s Bill in this case—to change the law back to what people thought it was; it overrule a decision of the highest court in the land, changes the law back to what the hon. Gentleman there has to be an element of retrospection. Without it, thought it should have been at that time. Surely that I do not see how we could cope with people who would cannot be a basis for introducing legislation. otherwise have mounted a claim in the intervening period. In my judgment, it is a fair and reasonable thing to do on an extremely defined basis, but I hope that the Mr. Dismore: On many occasions, when there has Minister will put our minds at rest and, above all, give been some weird and wonderful House of Lords decision, us the opinion of the sponsoring Department, whose the House has passed legislation to put the law back to job it will be to ensure that if the legislation goes what people thought it always was. I remember that the through it is carried out correctly. decision on causation in the Fairchild case was corrected in the House—putting the law back to what people Bridget Prentice: I had not intended to speak in the thought it was before the House of Lords messed debate on this amendment, but I shall raise a couple of around with it. points as a courtesy to the hon. Member for Christchurch 563 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 564 Conditions) Bill Conditions) Bill (Mr. Chope), as I think he may have misunderstood me it was referring to a provision in the then Banking Bill— earlier. When I said that I would be speaking later, I “of such breadth…is required in the particular context of this meant later in the debate as a whole. bill”. It is flattering of the hon. Member for North-West The Minister did not discharge that heavy burden upon Norfolk (Mr. Bellingham) to describe me as the expert the Government to justify retrospective legislation, and when I am surrounded by lawyers. It would be with I am very disappointed about that, because the retrospective some trepidation that I described myself as an expert in element in the Bill before us tarnishes the whole thing. this subject. My hon. Friend the Member for North-West Norfolk I agree that retrospection is not always a good thing (Mr. Bellingham), speaking from the Opposition Front and that it should be avoided as much as possible, but Bench, said that clauses 1 and 2 re-established the old the hon. Member for West Chelmsford (Mr. Burns) common law, but, with the greatest respect to my hon. made the very good point that it can be appropriate in Friend, I must say that once the highest court in the certain cases, such as the one he described. If the land has pronounced upon the common law and Parliament amendments proposed by the hon. Member for has overturned that pronouncement, Parliament replaces Christchurch were accepted, they would take the heart with statutory law that part of the common law by out of the Bill and although the decision is for my hon. repealing it through an Act of Parliament. The courts Friend the Member for Hendon (Mr. Dismore), whose can interpret that, but I do not think it possible Bill it is, I caution against support for the amendments. jurisprudentially to go back to the old common law by passing a statute saying that the old common law shall Mr. Chope: Can the Minister explain what she meant apply. However, if my hon. Friend has a different view by her comments on clause 3 in Committee and the about that, because in that area of jurisprudence he different arrangements for limitation periods in Northern may be a greater expert than other Members, I shall Ireland? She said she would have to revisit them at a gladly give way to him and defer to his better judgment. later stage, but surely we should be considering them at My understanding, however, has always been that there this point rather than on Third Reading. is common law, and that once statute law has been introduced to replace the common law, there is nothing Bridget Prentice: Since I made that statement, the that one can do about it. Northern Ireland Assembly has taken a view as to what I do not think that my hon. Friend really shares my it wants to do about the measure, which makes the concerns, but what concerns me is that the Bill makes a matter slightly more complicated and is one of the retrospective change in the law of negligence, which is reasons why, unfortunately, we are still looking at some applied only to one aspect of damage or personal of the detail. There are problems with different limitation injury, by defining that personal injury in much wider periods and it is something we have to look at carefully, terms than it could be defined elsewhere in the common but we shall have to do that in co-ordination with the law of tort. No justification has been put forward for Assembly. On that basis— doing so, other than the justification of expediency. In a sense, that was the point that my hon. Friend the Mr. Chope: Will the hon. Lady give way? Member for West Chelmsford (Mr. Burns) made—that there are circumstances in which it is expedient to make Bridget Prentice: I have said as much as I need to say such a change. However, as soon as we start talking on the clauses, but I shall give way. about what is expedient and abandon the rule of law, we get into what is now colloquially called the court of Mr. Chope: I am very grateful to the hon. Lady for public opinion. From the press cuttings that I have read, her indulgence. Am I right to interpret what she just I have no doubt that the court of public opinion thinks said as meaning she is unhappy with clause 3? that people from the mining and shipbuilding industries who suffer from pleural plaques need not only sympathy Bridget Prentice: No, I am not saying that I am but compensation. However, this court, which is not unhappy with clause 3; I am saying that we need to subject to the rule of law, can be volatile and there is a reflect further on it. If we are to go down this road at thin dividing line between the court of public opinion all, we want to ensure that we do so properly. I am and mob rule. perfectly happy for my hon. Friend the Member for Hendon to continue to press the issues, and I hope that 10.45 am we can then move on with the debate. The court of public opinion would probably have liked IRA bombers to be left to a lynch mob, but the Mr. Chope: At least we have what I think is the rule of law prevented it, and I would defend the rule of beginning of a debate. The Minister has promised that law to the end. Once we abandon the principle of the if we reach Third Reading, we will have a lengthier rule of law, we are in grave jeopardy, because, as the debate—when she will perhaps elucidate on the opaque Leader of the House said so cogently yesterday, its comments that she just made. She says that retrospection abandonment inevitably leads to arbitrariness. That must be avoided as much as possible, but we should go means unpredictability; it means regimes such as much further, because, when the Select Committee on Mugabe’s—that type of operative—can ultimately come the Constitution in the other place reported on retrospective into play; and that people live in fear about whether aspects of the Banking Act 2009, it drew the House’s they will be dealt with, or punished, by the state without attention to the need for a having any remedy or knowing in advance about whether they have offended the rules of the land. “compelling reason in the public interest for a departure from the general principle that retrospective legislation is undesirable. There As for the response given by the hon. Member for is therefore a heavy onus on the Government to justify to the Hendon (Mr. Dismore) to my hon. Friend the Member House why a retrospective provision”— for Shipley (Philip Davies) in respect of clause 4(2), I 565 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 566 Conditions) Bill Conditions) Bill should say that, far from turning the law back to what Philip Davies: I hope that my hon. Friend will not everyone thought it was, the Bill will turn it back to miss out the amendments he tabled to clause 3 in his what the hon. Gentleman thought it was and wanted it speech, and that he will also comment on the Minister’s to be. However, he was wrong: as a lawyer, he must rather extraordinary point. When he pressed her, she accept that, in the light of the House of Lords ruling, if said that the Government were still considering the he felt that the law was as his Bill sets out, he was detail. Is not it slightly alarming that we are considering wrong. He has been proved wrong and told that he is whether to amend a specific clause, yet the Government wrong by the highest court in the land, so now he is have not even considered the detail? trying to get his own back on that court and its members by telling them that they were wrong. At all material Mr. Chope: My hon. Friend makes a cogent comment, times, however, we cannot say that they were wrong, as he so often does in the House. We were told that we because at all material times, as the hon. Gentleman has would get a full response from the Government to the made clear, the House of Lords ruling is that the consultation paper, which extends to 50 or so pages, common law was and is as enunciated in that judgment. before Christmas last year. We never got it. We were told that we would get it before the House rose for the All that can happen now is a change of law by summer recess—we never got it. We were told that we statute—enacted by this House to implement the hon. would get it at the end of the recess, and we do not have Gentleman’s Bill. However, if this House—this it even today. We have no indication from the Minister Parliament—changes the law, the law should be changed of when—if ever—we will get it. The Government are prospectively rather than retrospectively; and, if that treating the House with contempt. More important—they law introduces new rights, based on an interpretation of regularly treat the House with contempt—they are treating the hon. Gentleman’s legislation, people who currently all the victims who are affected by pleural plaques with suffer from pleural plaques or may do so in the future contempt. That is unforgivable. will be able to exercise those rights under the rule of law. The Government say that they are still considering They will have their right of action under the hon. the detail. How long will that last? What are the likely Gentleman’s legislation. conclusions? How can that be consistent with the I fear that the law of expediency and populism is Government’s approach—as so far revealed—of being being introduced to try to replace the rule of law. On the benevolently disposed towards the Bill? Perhaps they point that my hon. Friend the Member for West Chelmsford are not—perhaps they are playing a double game, and if made about his own case, having recently been in there is a Division on the Bill, they will withdraw their correspondence with the Government, I must note that troops and leave the hon. Member for Hendon isolated when the criminal injuries compensation legislation was so that they do not have to account for what happens on brought in, it gave compensation rights to those who Third Reading. I hope that I am wrong because I would were the victims of abuse—even at the hands of a like a Third Reading debate. However, my hon. Friend relative—provided that they were under 18 years old. the Member for Shipley is right that something odd is going on. I have a case of two siblings—one was under 18 and It is significant that the Minister did not respond to when the law was introduced and the other was over 18, all my amendments. She did not respond to the amendment but both had been subject to abuse. The younger of the that would ensure that the Bill did not apply to the two has been awarded compensation under the law, but Crown. I tabled it to try to draw out some information the older has not because the law did not apply about the extent to which the Government believed that retrospectively. That is a hard case—there is no doubt the Crown would be affected by the change in the law about it, and I am sure that my hon. Friend the Member that the Bill proposes. Her response on limitation of for West Chelmsford agrees. Do we then say that that actions was simply to say that the change in law or what provision under the Criminal Injuries Compensation has been said in Northern Ireland made the matter even Act 1995 should have been retrospective? Various bodies, more complicated. Where does that leave us? It is the such as the Law Society or the Law Centres Federation first time she has said that, but perhaps she can get or some such body, have suggested that, but the Government some briefing about what she means by it. Does it mean have resisted it because they say that the law was prospective, that she thinks that the period that has elapsed since the not retrospective. When it was passed, it was said that end of the consultation—more than a year—justifies one had to be under 18 at the time to qualify for another year’s delay in reaching a consultation because remedies under it. of what has happened in Northern Ireland? Perhaps she is hoping for that. Inevitably, any law passed in the House, unless it has general retrospective application, will create dividing The Government’s response has been wholly lines, and there will be hard cases. However, should unsatisfactory.For the reasons that I have given, amendment those hard cases cause us to usurp the principle of the 16 to remove clause 4 is the most important amendment. rule of law? My argument is that that is wrong. Some Without clause 4, the Bill would not have retrospective people believe that it is right. However, as soon as we effect. We would respect that, at all material times, start saying, as my hon. Friend the Member for West the common law is as enunciated by their lordships in Chelmsford did, that we should look at things on a the judgment that I mentioned, but that, from the time case-by-case basis, we effectively abandon the principle the measure got Royal Assent, the law in the narrow of the rule of law and lay ourselves open to arbitrariness. field of damages for pleural plaques would be different, For example, someone might say, “This has got lots of as outlined in the Bill. headlines in the local paper; we must concede the point”, I would therefore like to withdraw amendment 14 when we would not concede on another case. I think and press amendment 16 to a Division. I beg to ask that that is a fundamental issue, and it is why I continue leave to withdraw the amendment. to be concerned about the Bill’s retrospective nature. Amendment, by leave, withdrawn. 567 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 568 Conditions) Bill Conditions) Bill Clause 4 I also thank the Chief Whip—he cannot speak in the House, but he has been extremely helpful with the COMMENCEMENT AND RETROSPECTIVE EFFECT Bill—and the Government. Whether they have been Amendment proposed: 16, page 2, line 20, leave out neutral or supportive, they have not sought to obstruct clause 4.—(Mr. Chope.) the Bill, to its great benefit. The people who will benefit are the thousands who The House divided: Ayes 0, Noes 48. suffer from pleural plaques. Pleural plaques in themselves Division No. 221] [10.57 am are not disabling, but they are a cause of great worry and they cause physiological changes. About 10 per AYES cent. of people who have pleural plaques go on to Tellers for the Ayes: Philip Davies develop something more serious. Mr. Christopher Chope and The fact remains that cases brought in such circumstances are not only about compensation for pleural plaques NOES but about establishing liability for possible future injury. Bellingham, Mr. Henry Mallaber, Judy Through the provisional damages system, liability can Bottomley, Peter Marris, Rob be established for pleural plaques, and if somebody Brown, Lyn McFadden, rh Mr. Pat went on to develop asbestosis or mesothelioma, they Brown, rh Mr. Nicholas McIsaac, Shona would already have the question of liability out of the Bruce, rh Malcolm Mudie, Mr. George way.That will shorten claims in future for those conditions, Burns, Mr. Simon Prentice, Bridget bearing in mind how rapidly they develop and how Clapham, Mr. Michael Primarolo, rh Dawn disabling they can be. Corbyn, Jeremy Pugh, Dr. John The Bill is modest. It seeks only to turn back the law Cunningham, Mr. Jim Purchase, Mr. Ken to what we thought it was prior to the decisions in the Dismore, Mr. Andrew Raynsford, rh Mr. Nick Dobson, rh Frank Rooney, Mr. Terry courts. Any alternative scheme would cost taxpayers, Fitzpatrick, Jim Rowen, Paul but turning back the law to what we thought it was will Follett, Barbara Shaw, Jonathan mean that the insurers will have to pay out on the risk Goodman, Helen Simon, Mr. Siôn that they accepted through the premiums that they Green, Damian Skinner, Mr. Dennis took, and that they will not get an unfair windfall. Harris, Dr. Evan Smith, rh Angela E. (Basildon) The Bill is tightly drawn. It is not the thin end of the Hepburn, Mr. Stephen Spellar, rh Mr. John wedge and will not open the floodgates to any form of Hillier, Meg Thomas, Mr. Gareth parallel litigation for other illnesses or injuries—it relates Hollobone, Mr. Philip Thornberry, Emily purely and simply to pleural plaques. It maintains the Hutton, rh Mr. John Timms, rh Mr. Stephen Irranca-Davies, Huw basic principles of negligence or breach of statutory Turner, Dr. Desmond Jackson, Glenda duty as the tests for liability. The burden of proof that Wiggin, Bill Keeley, Barbara the claim exists and should be upheld will still be on the Khan, rh Mr. Sadiq Tellers for the Noes: claimant. Levitt, Tom Mr. David Anderson and As we have debated, the Bill provides for a suspension Mackinlay, Andrew Jim Sheridan of the limitation period, not its disapplication, from the date of the House of Lords decision until the Bill comes Question accordingly negatived. into force. That is only fair, but it would not affect any cases that have already been settled or decided in the Third Reading courts. I commend the Bill to the House. I realise that there is 11.9 am little time left in this Session, but I hope that the House of Lords will look upon it favourably when it gets there Mr. Dismore: I beg to move, That the Bill be now read and ensure that it can have a swift passage, so that it can the Third time. become law and provide compensation for the many I am very pleased that the Bill has been able to get thousands of people who have been left in limbo as a this far. Perhaps it is more than a coincidence that today consequence of the House of Lords judgment. It is a is the 175th anniversary of the great fire of Westminster. modest measure, but an extremely important one that If there had been asbestos in the building, we might all will bring comfort and relief to many people up and be suffering from pleural plaques, but it might not have down the country. burned down. The normal thing to do on Third Reading is thank 11.13 am those who have helped with the Bill. I thank Ian McFall and Tom Jones of Thompsons solicitors, who have Mr. Chope: I congratulate the hon. Member for Hendon done a lot of research and drafting for me; the Association (Mr. Dismore) on having got his Bill this far and having of Personal Injury Lawyers; and all hon. Members who exercised self-restraint in expressing the feelings of have turned up today and on previous occasions to frustration that I know he has about the behaviour of support the Bill and who have maintained the Trappist the Government on this issue over the last 18 months. I vow of silence as I asked. Many would have liked to also congratulate him on having found a sponsor for his have got their names on the ticket by speaking in the Bill in the form of Thompsons solicitors, and I am sure debate, and I am grateful that they have not done so to that the hon. Member for Bolsover (Mr. Skinner) will give time to ensure that we had a chance to get the also be pleased, as that firm would stand to benefit Bill through. significantly— 569 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 570 Conditions) Bill Conditions) Bill Mr. Dismore: I would hate for it to be thought that stage.”––[Official Report, Damages (Asbestos-Related Conditions) Thompsons had somehow sponsored this Bill, as that is Public Bill Committee, 1 July 2009; c. 8.] not the case. The firm has given me some expert advice I hope that she will expand on those clear statements so in the drafting and helped with some of the research on that we are wiser about the Government’s intentions. the cases. It has not sponsored the Bill, and to say so would give entirely the wrong impression. It is concerned I hope that the Minister will also assure us that for the victims of pleural plaques, as am I and as is most whatever the Government decide to do in terms of the of the House. law they will not be influenced by the cost to the public purse of any particular course of action. Justice should come without a price. It would be unconscionable if the Mr. Chope: I am happy that the hon. Gentleman has reason for the Government’s delay is that suggested in put that on the record. Obviously any firm of solicitors an article by Paul Routledge in the Daily Mirror: that is welcome to provide advice to Members of Parliament, the Secretary of State for Business, Innovation and but sometimes solicitors are not as forthcoming in their Skills is concerned about the cost to the Exchequer. If pro bono activities on behalf of Members. Perhaps they the Government think that, as a matter of law, it is right find it easier when they think that they will get more for people with pleural plaques to receive compensation, litigation work out of it. I am not saying that that the logical consequences should be allowed to follow. applies to Thompsons, but it is an important point to Let not the decision be determined by the cost to the place on the record. public purse. I would like an assurance from the Minister The hon. Gentleman also said that he is grateful to that that is the thinking. his hon. Friends for exercising self-restraint and passing up the opportunity to get their names on the ticket. I My reservations about the Bill are on matters of hope that in that spirit he is also grateful to me and to principle, not about the costs flowing from it. I side with my hon. Friend the Member for Shipley (Philip Davies) neither the Treasury nor the insurance companies. However, for ensuring that we have had some Divisions, so that I would like the law of tort or negligence to remain the the public can see who was present and voting for the same for all classes of action. There should be a standard Bill, and who was absent. We have enabled hon. Members definition of what we mean by damage, and we should to put their names on the ticket in terms of accountability. not try to change the law in a piecemeal way, which would be the consequence of the Bill. The hon. Gentleman commended his Bill and repeated his claim that it would turn back the law to the original As has been said, pleural plaques are asymptomatic. position. I have concerns about the Bill—specifically The hon. Member for Hendon said in Committee that that the questions that the Minister raised in Committee they carrya5to10percent. risk of developing into a remain unanswered. I hope that when she winds up this more serious asbestos-related condition, although I think Third Reading debate, she will explain some of the that just now he put the risk slightly higher. It is things that she said in Committee. For instance, she important, however, to keep the risk in context. Those said: with pleural plaques will be understandably worried, “As my right hon. Friend the Justice Secretary indicated recently, but they must remember that they have a 90 to 95 per we are committed to publishing our response before the summer cent. chance of not developing a serious asbestos-related recess.” condition. I agree with the Government about the What happened? Later in July the Justice Secretary said importance of sending out that message: people should that the response would be published after the summer be encouraged to live their lives to the full, notwithstanding recess. When will that response be forthcoming? There the fact that they have pleural plaques. They should not is an enormous amount of interest in it. The Minister regard it as a death sentence or a means of getting what and the Justice Secretary have no doubt been working are, even under the Bill and the law as it stands, quite diligently over the summer recess, earning their substantial modest damages. Countless numbers of people have ministerial pay, so why have they not been able to come conditions that can become much worse, but if they up with a conclusion so far? We know that yesterday a allow them to dominate their lives, they will be the report that had been available to the Government since poorer for it. I hope that the Minister will spell that out. before the recess was published only an hour before a I want people in areas where they might be afflicted by major defence debate. On this occasion, we have not pleural plaques, and those already afflicted by them, to even had the Government’s response. I hope that the get that clear health message about the need to put in Minister will give us an unequivocal statement on when context the risk of developing a more serious condition. we may expect the response to be published. I hope, too, that the Minister will explain what she I hope also that the Minister will explain what she meant when she responded, in Committee, to comments meant by saying that there were complications connected by the hon. Member for Cambridge (David Howarth) with the Bill and that the Government were unsure about clause 2. He said: about whether to support or oppose it. In Committee, “Arguably, anyone who has been exposed to asbestos is in a she said: similar position to someone with pleural plaques, asymptomatic “The Bill represents one approach to the issue, but a number of pleural thickening or asymptomatic asbestosis, in that they are at other approaches could be appropriate and we want to assess the risk of developing the serious diseases in the future.” best response. It is therefore not possible at this stage to give a He made the point that the Bill does not deal with those firm indication of the Government’s position on the Bill, pending who have been exposed to asbestos, perhaps over many those conclusions being reached. For that reason it has not been possible for me to table any amendments for consideration at this years, but who do not have pleural plaques. He argued stage. that they are in exactly the same position as those with the condition. He continued: On that basis, if the Committee decides that this clause—and the others—should stand part of the Bill, it may be necessary for “I hope that the Government will bear that in mind when they the Government to oppose it, or table amendments to it, at a later come forward with their proposals”, 571 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 572 Conditions) Bill Conditions) Bill because the class of people with whom we should be damage in Afghanistan at this time—is the wrong thing dealing is much larger than the cohort identified in the to do. That is why I am against the Bill and why I am Bill. concerned about its retrospective aspects. The Minister responded: Whatever else happens, people need to know where they stand, but at the moment everybody is in the dark. “I take exactly what hon. Gentleman says. The clause extends People hope that the Government’s intentions will be to the provisions in a way that was not included in our consultation have retrospective legislation, which will enable them to exercise, so we would have to consider carefully, in light of our conclusions, whether that should be included in any legislation. I get their compensation, although if the Government do leave it at that, with the same caveat as I left at the end of clause 1, not act in that way, they will have to face up to the fact that we shall reflect further on whether we need to amend the that they will not get compensation and live their lives clause at a later stage.”––[Official Report, Damages (Asbestos-Related accordingly. But they cannot be expected to put their Conditions) Public Bill Committee, 1 July 2009; c. 12.] lives on hold, waiting for the Government. Having had the chance to reflect during the intervening Although it might be convenient for the Government period—it amounts to July, August, September and to say, “Well, this is something that we can hand over to half of October—has she reached a conclusion on that an incoming Conservative Government next year,” that point? would be very irresponsible, because it would mean further delay. Although my hon. Friend the Member for Obviously, if the Bill receives a Third Reading in this North-West Norfolk (Mr. Bellingham) will probably House, it will go to the other place. Little time remains argue strongly from the Front Bench that the issue in this Session, but I understand that the other place has should form a major part of any first Queen’s Speech of an additional Friday sitting set for early November. I do an incoming Conservative Government, that can never not know whether that is to deal with Government be guaranteed, because of the enormous legislative business or private Members’ business, but there will be programme that will be necessary to put right the things every opportunity for the other place to consider this that this Government have done wrong over many Bill. If it is presented with a whole lot of Government years. amendments, the Bill is dead. I hope, therefore, that the I will not go down that route and set out the specifics. Minister will say unequivocally when summing up whether All I am saying is that to fail to act decisively on this she intends to table amendments when the Bill reaches Bill, at this stage in the Parliament, would be a gross the other place. Or will she give a guarantee not to do dereliction of duty on the part of the Government. I so? Does she support the Third Reading of the Bill in its hope that the Minister will be forthcoming in responding current form, is she against it, or is she neutral? She to those points. owes it to those outside and inside this House who have been campaigning on this issue, to clarify, and to be 11.31 am open and transparent about, the Government’s intention. Mr. Bellingham: I will be very brief. Let me once A point came up earlier about complications arising again congratulate the hon. Member for Hendon through Northern Ireland. Will that be used as an (Mr. Dismore) on bringing the Bill forward. My hon. excuse for further procrastination and delay, or do the Friend the Member for Christchurch (Mr. Chope) has Government, with their enormous army of civil servants, scrutinised the Bill in his customary and inimitable way intend to sort it out pronto? I am a great believer in the and has provoked a great deal of important debate. concept, “Where there’s a will, there’s a way”, and the We should not forget that we are talking about victims, fact that the Government have been so slow to reach a albeit victims suffering mainly from a mental condition, conclusion, and have been seen to be leading people up although one that can obviously be pretty devastating. the garden path, has done everyone a great disservice. Imagine waking up every day knowing that you have a That is why I think that, although I do not agree with physical condition that could lead to an evil and wicked the hon. Member for Hendon on all his legislative illness that is invariably fatal, Mr. Deputy Speaker. That proposals, he has done this House and those who have is why we need to show compassion to those who are been campaigning on this issue a great service in introducing suffering and never forget that they are the only people the Bill. It is a good subject for a private Member’s Bill, who really matter in this debate. and even if it does not get on the statute book, provided the Minister plays the game in the way that I have The previous common-law situation was based on suggested, it should enable the Government to be held the case of the Church v. the Ministry of Defence, properly to account. which established the principle of aggregation—in other words, that the fact of pleural plaques could be aggregated For my part, I must put on the record my concern with the anxiety and distress caused. It has struck me about retrospective change in the law. It goes too far to over the years that that was a satisfactory state of define as conditions constituting actionable damage, for affairs. Compensation was awarded, but we should the purposes of negligence and tort, those that have not remember that it was modest, varying from between caused any impairment of physical condition or personal £4,000 and £7,000 per victim. It was not a life-changing injury, are not doing so, and will never do so. Such a sum of money, but for people who were probably out of provision is centred around the fear that something work or perhaps from families that had no prospect of might happen. An enormous number of other conditions getting work, it could bring some relief and happiness could result in fear and so on. If that fear results in a at a time when the individual would be suffering from a proper psychiatric condition, it can be compensated for, great deal of anxiety. Also, as the hon. Member for but in normal situations it cannot. To pick out an Hendon rightly pointed out, once liability had been asbestos-related condition in preference to all those established, if the condition developed into full-blown other conditions—we could think of those individuals mesothelioma or asbestosis, there did not have to be who are exposed to danger and physical or mental another court action. 573 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 574 Conditions) Bill Conditions) Bill [Mr. Henry Bellingham] Frankly, however, that did not happen before; indeed, the common law was precise on that point. I congratulate That was a perfectly satisfactory state of affairs, the hon. Member for Hendon on how tightly he has which did not cost the insurance industry a huge amount worded his Bill. The ABI’s concerns are therefore misplaced. of money, but on the other hand, I can understand why I would like the Minister to comment on that. the industry was determined to challenge it. We then On retrospection, which we have discussed, I am as had the case of Rothwell v. Chemical and Insulating concerned as anyone about any Bill containing retrospective Co. Ltd in the Court of Appeal, which was upheld by measures. However, voting in favour of the amendment Johnston v. NEI International Combustion. That case tabled by my hon. Friend the Member for Christchurch in the House of Lords held that the pleural plaques per would effectively have prevented the thousands of people se were not compensatable. The result was extreme with pleural plaques from taking any action because of anger, and not just in those communities that were the statute of limitations. In other words, they would previously dependent on traditional heavy industries, have had to start their action within three years of mining or refining, but across the whole country. physically discovering that they had pleural plaques, It is interesting that when I first started to look into either through a scan or an X-ray. As we have discussed the issue in detail, I discovered that there were a number on many occasions, these symptoms often do not have a of victims in Norfolk, which is not exactly an area visible physical manifestation. I sympathise with what renowned for heavy industry. However, people come to my hon. Friend said about retrospection, but his amendment Norfolk to retire and there are also people there who would effectively have wrecked the entire Bill. were exposed to asbestos in smaller companies and This is a modest measure, but we should bear in mind small and medium-sized enterprises. I would therefore one further point. Health and safety standards have not mind venturing to suggest that in every constituency improved out of all recognition. I understand that the in this land there will be a small number—and in many average age of pleural plaque victims is past retirement cases a significant number—of victims of pleural plaques. age. In other words, people of my age, and the age of There was huge anger after that House of Lords the Minister and the hon. Member for Hendon—people decision, and we then had a number of Adjournment in their 50s, approaching middle age—were not exposed debates. I spoke in a number of those debates, as did to asbestos as people 10 or 15 years older were. Health many hon. Members in the Chamber this morning. We and safety standards have improved immeasurably, which kept hearing from the Government that they were concerned is very good news for business and industry. This problem about the issue and were going to take action. Then is therefore not going to get worse. We are talking about Scotland introduced legislation. The Scottish Executive a finite number of people in this country, and by and Parliament are ahead of the game on this issue, definition the problem will eventually disappear. having quickly introduced that legislation. One of the points made this morning, which was also made in In the meantime, however, there are very real victims those Adjournment debates, is that we will probably in families up and down the country, and they expect end up having one law for Scots and another for people action from their Government. We have now been waiting south of the border. That would be an extremely for nearly a year and a half since the Minister’s boss, the unsatisfactory situation for victims of pleural plaques Secretary of State for Justice, made that written statement and could also give rise to many anomalies among promising action, or at least a Government lead on this people living in the border area of this kingdom. issue. So far, we have seen very little lead and absolutely no indication that the Government are prepared to grip The Secretary of State for Justice made a written the issue. There are perhaps seven months before the statement—in July 2008, as I recall—in which the Ministry election, and I hope that the Government will now deal laid out various options for action. Since then, however, with this, so that all those people out there who are we have had procrastination and a lack of decisive suffering because of this uncertainty will at least know leadership by the Government, as my hon. Friend the where they stand. Member for Christchurch said. I would like the Minister to address that point, because the time has now come for action to be taken. The Government need to make it Mr. Chope: My hon. Friend will know that in July the clear: will they support the Bill, which is a modest Secretary of State for Justice said: measure, or will they take action of their own? “The Government will give further consideration to the issue The Government must tell us what is happening, of compensation for people diagnosed with pleural plaques before because in the meantime tens of thousands of people publishing a final response after the recess.”—[Official Report, are waiting in trepidation. My hon. Friend suggests that 21 July 2009; Vol. 496, c. 741.] they should get on with their lives and look to the Has he received any indication of when that response is future. Perhaps some people will have the willpower to likely to be published? do that, but many others will not be able to, because their condition will have caused them such psychological Mr. Bellingham: My hon. Friend assumes that I have distress, resulting in their not being able to rebuild their a direct line to the Secretary of State and to his junior lives. Minister, or that I have their mobile numbers and am on I am concerned about the prospect of parallel litigation the telephone to them the whole time. Alas, although we and about what the Association of British Insurers has have a good relationship, it is not that close. I have been stated. In its briefing for hon. Members, it points out pushing them, but I have to use written parliamentary that the Bill would set a legal precedent with wide questions to do so. However, we now have an ideal implications and that it opportunity to hear from the Minister exactly what the “would set a dangerous precedent that could lead to a flood of position is and what action Her Majesty’s Government ‘exposure only’ claims”. intend to take. 575 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 576 Conditions) Bill Conditions) Bill 11.42 am trigger for extra public expenditure would be in relation to those victims who had been exposed to asbestos Paul Rowen (Rochdale) (LD): I, too, congratulate the while employed by Government Departments or hon. Member for Hendon (Mr. Dismore) on his Bill, agencies—the Ministry of Defence, or a related agency, and on the fact that it looks as though it will actually be for example. It is my understanding that the Bill will not given a Third Reading this morning. I hope that when lead directly to any public expenditure on the part of the Minister responds to the debate we shall hear that the Ministry of Justice. Will the hon. Gentleman clarify the Government are to make some time available this his point? Session for the Bill to complete its stages in the Lords. It is a fact that people who have pleural plaques have Paul Rowen: Yes, I am happy to do that. Perhaps I did been exposed to asbestos. When the Law Lords sought not make my point very well. There will be expenditure to clarify the law on 17 October 2007, it was made clear involved, but it will be directly associated with Departments that people cannot get pleural plaques without such such as the Ministry of Defence. exposure. It is also true, as the hon. Member for North-West Norfolk (Mr. Bellingham) said, that the victims have I hope that the Minister or the Secretary of State will received small sums of money in recognition of that agree to meet representatives of the asbestos victims exposure. It is therefore disappointing that the Law support groups, following today’s debate, to discuss Lords stopped that in November 2007, but I am afraid what is going to happen. It would be helpful if the that it is not untypical of the way in which victims of Minister were able to give us a categorical assurance asbestos—whether suffering from mesothelioma, asbestosis today that the Bill will become law before the end of or another industry-related disease—have had to fight this Session. She could use Government offices to do for their just rights and compensation. that. I see that the Chief Whip is here; perhaps he will In that context, I pay tribute to a lady who, sadly, be able to tell her that that can happen, and that the Bill died yesterday. Diane Willmore did not have pleural will be able to complete its passage through the House plaques; she suffered from mesothelioma. The day before of Lords. That will right a wrong and restore rights that yesterday, in the Court of Appeal, she finally heard that people enjoyed prior to the Law Lords’ ruling. We have her compensation for exposure to asbestos while a school now waited more than two years for this to happen, and pupil had been agreed to by the Law Lords. She sadly I hope that we will today receive a clear, unequivocal yes died yesterday having just heard that news. Her fight from the Government that this wrong will be righted and her courage are typical of the actions that victims and that we can move forward. of asbestos have had to take. I hope that the Bill will put an end to that situation in regard to pleural plaques. 11.48 am I agree with the hon. Member for North-West Norfolk that, given that it is more than 12 months since the Bridget Prentice: I begin by offering my condolences— consultation closed and that the Secretary of State and, I am sure, those of the whole House—to the family promised on 21 July that the response would be published of the constituent of the hon. Member for Rochdale early in the recess, it is disappointing that the Government (Paul Rowen) who sadly died of mesothelioma yesterday. have not yet published it. It is disgraceful that we should Later in my speech, I hope to say something that might be here today discussing the Bill without having received be of some comfort—if not to that family at least to any indication of the Government’s stance. I make a other victims of mesothelioma, which is a dreadful, strong plea to the Minister to clarify the Government’s horrendously painful and nasty disease. position today. Like most other hon. Members present, I congratulate my hon. Friend the Member for Hendon I hope that she will support the Bill and give us a (Mr. Dismore) not just on pursuing this issue, but on guarantee that it will move forward in this Session and getting this first Bill of its kind on the agenda today. He complete its stages in the House of Lords. If that does has been assiduous in pursuing the matter, as have not happen, people with pleural plaques will face yet many other hon. Friends who have supported him another year of not knowing what the situation is. today and raised similar issues in the many Adjournment As the hon. Member for Hendon said, the Bill is debates over the past year and a half or so to which I simple, tight and clear in its purpose. It restores the law have replied. I take only a little advice from Opposition to what we all thought it was before the Law Lords’ Members in respect of my own frustration that we have ruling. In that sense, it will impose no additional costs not yet reached a conclusion. I completely understand on the insurance industry, as the industry had already the frustration of my hon. Friends and other honourable budgeted for those costs. The costs had already been colleagues who have campaigned on this issue on behalf included when insurers were charging companies their of their constituents for a very long time. premiums. There will obviously be small additional costs to the Government because of the retrospective I confirm for the hon. Member for Rochdale that I element of the legislation, but they will only increase if will, of course, meet representatives of the asbestos the Government prevaricate further. victims support groups. I have met many such groups, trade unions and others who have campaigned on this I have been asked to inquire, on behalf of representatives issue, just as I have met those, including the Association of the asbestos victims support groups, whether the of British Insurers, who are opposed to our doing Minister or the Secretary of State will meet them, anything at all about it. following the deliberations on the Bill today, to discuss the situation and other asbestos-related issues. I shall not go through the history of the Bill or the legal position resulting from the House of Lords judgment, Mr. Bellingham: I should like to probe the hon. as I believe the hon. Member for North-West Norfolk Gentleman a little further on his point about public (Mr. Bellingham) has already outlined that fairly expenditure. It is my understanding that the only possible comprehensively. 577 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 578 Conditions) Bill Conditions) Bill [Bridget Prentice] Lords amendments. Is the Minister guaranteeing that the Government will provide the necessary time if such We said that there would be consultation on action to circumstances arise during the remains of the current improve the understanding of pleural plaques and provide Session? support and reassurance to those diagnosed with it in order to alleviate their concerns. I accept the point Bridget Prentice: In the course of my life in Parliament made by the hon. Member for Christchurch (Mr. Chope) I have been in the Whips Office, and I know better than that there is still a big job to be done on giving further to make a claim about parliamentary time while the support to people diagnosed with pleural plaques and Chief Whip is sitting to my right. However, I think that on explaining the consequences that are or are not likely he has heard what the hon. Gentleman has said, and I to result from having them. That is part of the reason am sure that he will take it into account when the why we have not yet given our full response to the business managers consider future business. consultation. I met medical experts yesterday in response to It is only right at this point that I should apologise to representations from asbestos campaigners and, in my hon. Friends, to all hon. Members who have campaigned particular, to a request from my hon. Friend the Member on this issue for some time and, indeed, to the House as for Barnsley, West and Penistone (Mr. Clapham). My a whole for the fact that the Government have not yet right hon. Friend the Secretary of State for Justice had responded. That is very frustrating for everyone concerned. said that he would facilitate a meeting. I had a very I apologise absolutely for that, but it is not through helpful and informative discussion with those experts, want of trying. We have consulted different groups and and as a result further issues were identified. We must only yesterday met a number of medical experts who consider those issues and the views that are expressed argued both sides of the case—so there is still further before we finally publish our response. consideration to be taken. I cannot therefore give a categorical date for when the Government response will Mr. Chope: Will the Minister give way? be made, although I can give my personal commitment to continue to go back to my colleagues in order to Bridget Prentice: I will give way one more time. reach a conclusion as quickly as possible. As a number of hon. Members have said, time is moving on—not Mr. Chope: The Minister is being very generous. Can only in a parliamentary sense, but in respect of the lives we take it from what she has said that the last word from of the individuals affected. the Justice Secretary about a final response after the recess is redundant, and that we are now talking about a Philip Davies: I am sure that the whole House will final response in the next Session of Parliament rather accept the Minister’s apology in the spirit in which it than before the Queen’s Speech? was given, but we are being invited today to support the Third Reading of a Bill, so will she explain how on Bridget Prentice: The hon. Gentleman has mentioned earth we can possibly do so when there has been no “a final response after the recess” a number of times, Government response to the consultation? The Minister but we are only four or five days into “after the recess”. admitted in response to an intervention from my hon. I think, to be fair, that the Justice Secretary is still Friend the Member for Christchurch (Mr. Chope) that capable of ensuring that we give a response as soon as the Government were still looking at some aspects of we possibly can. the Bill’s detail. How can the Government ask us to What I can say in response to the hon. Member for support the Third Reading of a Bill whose details they Rochdale and, indeed, the hon. Member for Christchurch have not thought through themselves? is that it is important for us to consider how much more support we can give to people who have been exposed to Bridget Prentice: The hon. Gentleman will know that asbestos. We have been absolutely consistent in our many a Bill goes through this House or the other place commitment to giving people who are suffering from whose details have yet to be hammered out. Our bicameral mesothelioma and other serious asbestos-related diseases system provides an opportunity for amendments to be the help that they deserve. proposed at a later stage, so I am quite relaxed about I was a Minister at the time when we introduced in the Bill going through today, as I expect it will, because another Bill compensation for mesothelioma victims, if further amendments are necessary, they can be tabled and I think that those people recognise that the changed elsewhere. arrangements are thanks to a Labour Government who We have made it clear throughout that it is important took speedy action. We will continue to consider how to ensure that any decisions are taken on the basis of we can speed up compensation so that others, such as the best available medical evidence on pleural plaques. the constituent of the hon. Member for Rochdale, can That is why we commissioned and have already published receive it at a more appropriate time. the reviews of the medical evidence that were carried We are actively considering measures to make the out by the chief medical officer and by the Industrial United Kingdom the global leader in research on the Injuries Advisory Council. They will help to inform our alleviation, prevention and cure of asbestos-related diseases consideration. and, as I said, to help to speed up the meeting of compensation claims. That will include examination of Mr. Chope: I am very interested in what the Minister the process of tracing employment and insurance records, has had to say so far. She has indicated that there is a some of which are very difficult to track down, as well possibility that amendments will be introduced in the as considering what support we can give individuals other place. Of course we accept that, but obviously it who are unable to trace such records. As I said during would be necessary for this place to consider those my meeting with the medical experts, nine times out 579 Damages (Asbestos-Related 16 OCTOBER 2009 Damages (Asbestos-Related 580 Conditions) Bill Conditions) Bill of 10 exposure to asbestos is due to the negligence of but we know beyond a shadow of a doubt that pleural employers. If an employer has been negligent in that plaques are caused by asbestos, so ultimately this has to respect, he may well also have been negligent in the be a legal issue, as addressed by the Bill. keeping of records. We will publish our plans shortly. On how the Bill proceeds, the commencement date is in the gift of the Secretary of State, although he cannot Paul Rowen: I am very pleased to hear the Minister’s prevaricate for too long because it is a “shall” rather announcement. Does that mean that the Queen’s Speech than a “may” requirement. If, as I hope, the Bill is will provide for the establishment of a compulsory passed and moves to another place today, I am sure that employers’ liability insurance bureau to deal with the my right hon. Friend the Member for Newcastle upon problems to which she has referred? Tyne, East and Wallsend (Mr. Brown), the Chief Whip, will use his good offices to ensure that it gets a fair Bridget Prentice: Opposition Members are again asking reading in the Lords, and that if amendments are made me to go down a road that it would not be appropriate there Government time can be found at the end of the to go down. It is not for me to say what will be in the Session to deal with them. I say that as he has been very Queen’s Speech; we must leave that for later. helpful throughout, and if he wants something done he always gets it done. Mr. Dismore: My hon. Friend need not wait for the The question of the employers’ liability insurance Queen’s Speech. There could be an alternative Queen’s bureau is another issue, of course. It is, however, a very Speech with my 12 Bills. Bill No. 39 on today’s Order important issue, and offers yet another example of how Paper provides for such a bureau, so perhaps she will this House should deal with matters relating to asbestos. support it and give it a fair wind later today. I commend the Bill to the House. Bridget Prentice: If we reach Bill No. 39 today that Question put, That the Bill be now read the Third will be something of a record, and my hon. Friend will time. deserve to get his Bill through on that basis alone. The House divided: Ayes 51, Noes 0. The Bill before us has to be considered in the context Division No. 222] [12.3 pm that I have outlined. It represents a possible approach to the issue of pleural plaques—there may be others, AYES too—as well as to the wider issues to do with asbestos- related diseases. We want to ensure that these are considered Bellingham, Mr. Henry Mallaber, Judy fully and the best response is identified. Bottomley, Peter Marris, Rob Brown, Lyn McFadden, rh Mr. Pat As we are still in the process of assessing that response, Brown, rh Mr. Nicholas McIsaac, Shona it is not possible for me to give a firm indication today Bryant, Chris Mudie, Mr. George of what our ultimate position on the Bill will be. However, Burns, Mr. Simon Pelling, Mr. Andrew I can confirm that I am content for it to proceed today, Clapham, Mr. Michael Prentice, Bridget and I congratulate my hon. Friend on promoting it. Corbyn, Jeremy Primarolo, rh Dawn Cunningham, Mr. Jim Purchase, Mr. Ken Dismore, Mr. Andrew 12.1 pm Raynsford, rh Mr. Nick Dobson, rh Frank Rooney, Mr. Terry Mr. Dismore: I do not want to detain the House for Fitzpatrick, Jim Rowen, Paul long, but I wish to thank every Member who has Follett, Barbara spoken in this debate. Goodman, Helen Shaw, Jonathan Harper, Mr. Mark Simon, Mr. Siôn The Bill had no priority whatever. It was a presentation Skinner, Mr. Dennis Bill, the product of my spending an uncomfortable Harris, Dr. Evan Hepburn, Mr. Stephen Smith, rh Angela E. (Basildon) night on the floor of the Public Bill Office to make sure Hillier, Meg Spellar, rh Mr. John I had the first place in the queue—made a little more Hollobone, Mr. Philip Taylor, Matthew uncomfortable by the hon. Member for Christchurch Horam, Mr. John Thomas, Mr. Gareth (Mr. Chope) turning up at midnight and waking me by Hutton, rh Mr. John Thornberry, Emily turning the lights on in order to make sure I was there. Irranca-Davies, Huw Timms, rh Mr. Stephen Today’s speeches from all the Front Benches have Jackson, Glenda Turner, Dr. Desmond been good, and I am grateful for the support that has Kaufman, rh Sir Gerald Watkinson, Angela been given from them. The Northern Ireland point can Keeley, Barbara be dealt with easily: ultimately, that would be a matter Khan, rh Mr. Sadiq Tellers for the Ayes: for the Northern Ireland Assembly to legislate on, Levitt, Tom Jim Sheridan and Mackinlay, Andrew Mr. David Anderson instead of it being incorporated into the Bill. My hon. Friend the Minister has laid out the position NOES in relation to the consultation and I accept her apology of course, but we could get bogged down in medical Tellers for the Noes: Philip Davies issues. This is ultimately a legal issue not a medical Mr. Christopher Chope and question, so it has to be dealt with in terms of legal results. The context of the medical experts may affect Question accordingly agreed to. how much a claim is worth or the causation question, Bill read the Third time and passed. 581 16 OCTOBER 2009 Law Commission Bill [Lords] 582

Law Commission Bill [Lords] Mr. Simon Burns (West Chelmsford) (Con): My hon. Friend raises an important point, which, as he is aware, Consideration of Bill, as amended in the Public Bill is the nub of the Bill. One thing that puzzles me about Committee all this reporting and designation is that the Bill says throughout that it should be done by the Lord Chancellor. If a future Government—or this Government for that Clause 1 matter—were to abolish the position of Lord Chancellor, as Tony Blair sought to do three years ago, would that REPORTS ON IMPLEMENATION OF LAW COMMISSION totally invalidate the Bill if it had become an Act? PROPOSALS Mr. Chope: As an experienced parliamentarian, my hon. Friend will know that the title of Lord Chancellor 12.14 pm is incorporated in statute, so the post cannot be abolished without legislation, as the Government found to their Mr. Christopher Chope (Christchurch) (Con): I beg to great embarrassment. That is why they got themselves move amendment 1, page 1, line 4, after ‘practicable’, into difficulty and decided that rather than test the will insert ‘and no later than six months’. of both Houses they would climb down and retain the position of Lord Chancellor. Were they to want to do Mr. Deputy Speaker (Sir Michael Lord): With this it away with the post of Lord Chancellor, or if a future will be convenient to discuss the following: Conservative Government wanted to do so, which is Amendment 2, page 1, line 16, leave out from second unlikely, there would have to be legislation. One of the ‘year’ to ‘and’ in line 17 and insert ‘ended 31 March consequential amendments to such legislation would be 2010’. to change the provisions of the Bill if it had by then Amendment 3, page 1, line 19, leave out subsection (4). become an Act of Parliament. I hope that clarifies the Amendment 11, page 1, line 23, leave out ‘(in whole position for my hon. Friend. Ultimately, of course, the or in part)’. person who knows most about the Bill is its promoter, and I am delighted that she is in the Chamber eagerly Mr. Chope: Amendments 1 and 2 try to introduce a awaiting the opportunity to respond to this brief debate better and tighter definition of when the Bill will take on the amendments. effect and, in particular, of when the production of the Amendments 1 and 2 are straightforward. They introduce first of the reports called for in clause 1 will be required. clarity and modest expedition. Amendment 3 would At the moment, clause 1 is very vague, because it uses remove subsection (4) of clause 1, which states: the words: “If a decision not to implement a Law Commission proposal (in whole or in part) is taken in a reporting year, subsection (1)(b) “As soon as practicable after the end of each reporting year”. does not require a report for a later reporting year to deal with the It suggests that the first reporting year would begin on proposal so far as it is covered by that decision.” the day that this statute came into force. That would If the subsection remained in the Bill, it would mean mean that if the Bill obtained Royal Assent this week, that once the Government—any Government—had decided the first reporting year would not start until this week not to implement a Law Commission recommendation, and would expire this time next year. By October next that would be the end of the matter. However, the year, the time that was “as soon as practicable” after the significance of Law Commission recommendations is end of that period would probably be January 2011, that often their wisdom becomes more apparent with perhaps March 2011—in fact, knowing the Government, the passage of time. We can see from the commission’s it might even be December 2011—and that would be most recent annual report that some of the the first time that one of these reports would have to be recommendations that are still to be implemented date produced on the basis of the definition in clause one. By back many years, including on topics that have assumed contrast, the amendments that I and my hon. Friend new public concern and importance—for example, from the Member for Shipley (Philip Davies) have tabled the commission’s report on cohabitation. would require that the first reporting year end on 31 March I think the proposed process is rather bureaucratic, 2010, and on the same date in each year thereafter. That but if we are to have reports on the implementation of would mean that the first report would be produced on Law Commission proposals, we should deal with all the 31 March next year, nine months or a year ahead of the outstanding reports, including those on which no action date proposed in the Bill. has hitherto been taken. The reports should contain a Bearing in mind the fact that the Law Commission’s useful compendium for members of the public, covering most recent annual report for the year 2008-09 covers Law Commission recommendations that have not yet the year that ended on 31 March, I cannot understand been implemented in law, in whole or in part. That why we cannot have the first of these reports by March would strengthen the purported purpose of the Bill. 2010 and on that date thereafter every year. That is the proposal and if the Government are true to their word, Mr. Burns: My hon. Friend makes an extremely as they have suggested they are, and if they support the powerful point. Given that, in this day and age, people Bill, they should be ready to accept that the reports rightly believe that there should be far more transparency should be produced sooner than is proposed and that within our Government and among our politicians, there should be more clarification of when they should does he agree that it is incredible that his amendment is be produced. To say that they should be produced “as not already in the Bill? soon as practicable” is not satisfactory. The previous Mr. Chope: I hear my hon. Friend, and in a sense it is debate illustrated the extent to which such vague phrases incredible that the provision is not already in the Bill. can be exploited by the Government to the detriment On the other hand, we are talking about something that of Parliament. is technical and bureaucratic, because the Law Commission 583 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 584 is ultimately a creature set up by and accountable to the commission was set up by Lord Gerald Gardiner, who Government. So why do we need new legislation to set was in the chambers of which I was privileged to be a up a protocol whereby the commission and the Government member and who had the good sense to appoint my can operate and a system that is designed to bring father to the circuit bench. I therefore have a lot of time pressure to bear on the Government, to whom the for the work of Lord Gardiner, and the Law Commission commission is already accountable, to implement and is one of his great legacies. take action on commission reports? If we had proper, joined-up government that was not so bureaucratic and really got on with things, we would not need all that. 12.30 pm The Bill emanates from a proposal by the Lord The Law Commission is tasked with making proposals Chancellor in early discussions on the draft Constitutional for law reform and simplification, and it does that Renewal Bill. He is an expert, as are many members of assiduously. When it presents them, the Government the Government, on producing vessels that appear to be often put them on the backburner. If we get to Third full but are in fact empty. People get really excited and Reading, I will give some specific examples of the think, “This is a really radical change for the better,” but Government’s failure and of their letting down the Law when they look at the vessel they see that it contains Commission badly. Again, the matter could have been nothing. The Law Commission decided that the vessel addressed or drawn to public attention through questions, was—to carry on the metaphor—beached, following early-day motions and activity in the House. the Government’s decision not to go ahead with the To revert to the intervention of my hon. Friend the draft Constitutional Renewal Bill, and after I and the Member for Shipley (Philip Davies), there is a problem hon. Member for Islington, South and Finsbury (Emily and the Bill will not solve it because it will not produce Thornberry), the promoter of the Bill before us, had action. Nowadays, we are much concerned with action spent long hours on the Joint Committee considering plans as a substitute for action. The Bill proposes the draft Bill. The Government did not do anything reports as a substitute for action and clause 2 includes a about it, so the commission thought, “Let’s pick this protocol, which needs no legislative cover. It is a new gem out of the draft Bill and make it the subject of concept—a trendy phrase that the Government are separate legislation.” using at the moment. Departments should talk to the The Bill before us therefore started with Law Commission Law Commission without the need for a protocol—it supporters in the other place. They proposed it, saying, should be routine, but apparently it is not. As my hon. “Let’s take this nugget forward.” Little did they realise Friend implies, the whole proposal is a pretty good that, far from being a diamond, that nugget was totally waste of space. However, I do not necessarily want to worthless—not even as valuable as a piece of costume rain on the parade—it is not my wont. jewellery. Now that we have the Bill, I am trying with Amendment 11 would remove the phrase “(in whole or my amendments to give it a little value—at auction in part)” from subsection (5) of proposed new section 3A probably not much, but a bit. It certainly does not have in clause 1, which currently states: any value at the moment. “If a decision not to implement a Law Commission proposal I have spoken to people who are involved with the (in whole or in part) has been taken before the first reporting year, Law Commission, and I know that some, the more subsection (1)(b) does not require any report to deal with the excitable ones, are really excited about the Bill. proposal so far as it is covered by that decision.” That means that if the Government decided not to Philip Davies (Shipley) (Con): Name them! implement part of a Law Commission proposal, the remaining parts, about which they had not reached a Mr. Chope: Perhaps the hon. Member for Islington, decision, would not be subject to the reporting requirements. South and Finsbury is really excited about it. That is another gaping loophole in the process. I told them that the Bill contains nothing that any The Bill has been produced by the Government and, Member could not do by asking the Lord Chancellor/ because it is all about gesture politics, they do not want Secretary of State for Justice, “Why haven’t the Government it to have teeth. If I am wrong, I hope to hear from the implemented this proposal from the Law Commission; Minister words to the effect that the Government think and when do they intend to implement it?” We do not that all four amendments are excellent, will strengthen need a report some 18 months after the event, saying, the Bill and can be supported. I await her response with “These are the outstanding proposals, what are we eager anticipation. going to do about them?” I have said to senior people in the Law Commission Philip Davies: Will she respond this time? that they need to engage with the House, and perhaps the other House, to carry forward their proposals, to Mr. Chope: Mr. Deputy Speaker, your predecessor in persuade colleagues to take them up in private Members’ the Chair was here for a previous debate, to which the Bills, or to put pressure on the Government to find Minister did not respond. In fairness, she responded to parliamentary time to implement them. the next two, and we hope that she will keep up her record of responding, perhaps after—[Interruption.] Philip Davies: I absolutely agree. Does my hon. Friend The Minister is making some signs to me, perhaps agree, therefore, that the thrust of his argument is that indicating that the promoter will respond first or that the Bill is a solution looking for a problem? she will respond instead of the Minister. I hope that we will hear from both on this important group of Mr. Chope: I am not sure that I do, because there is a amendments, which goes to the heart of whether the problem: the Government treat most Law Commission Bill has any substance and is worthy of a place among proposals with near contempt. That is sad, because the our great statutes, or does not warrant being even a 585 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 586

[Mr. Chope] are tightened. The Bill started in the other place. Therefore, any amendments at this stage will mean that the Bill will minor statutory instrument because it basically deals have to return there. The risk is that it will fail because with interaction between Departments and the Law of timetable considerations. Passing the Bill without Commission. amendment today will mean that it can go on to receive Royal Assent and become law. Emily Thornberry (Islington, South and Finsbury) (Lab): I am grateful for the support that has been Mr. Chope: The hon. Lady was in the Chamber shown both for the Bill and for the Law Commission. It during the debate on the Damages (Asbestos-Related was established in the 1960s to ensure that citizens were Conditions) Bill, which went to Third Reading and the subject of clear, accessible and up-to-date law. Although which is going to the other place. A hint was given that a considerable number of its reports have been implemented it will get Government time there and that any subsequent over the years, there is great frustration that too many amendments would be considered here in Government have had to wait too long to be implemented and that time. they have lain mouldering away on Government shelves, and that some have failed to be implemented at all. My understanding is that the other place will have an I gave some examples in Committee on 8 July. For the additional Friday sitting at the beginning of November. sake of brevity, I shall repeat only my favourite now. The hon. Lady’s Bill is much more advanced than the Hon. Members may remember a homo-erotic poem Bill we considered earlier, because it has already been about Christ published in the Gay Times to which Mary through the other place. Therefore, any amendments to Whitehouse took exception. As a result, a prosecution make the Bill stronger would no doubt be accepted in for blasphemous libel was taken out. The whole team at the other place. They could be dealt with on the extra Gay Times were prosecuted. The editor was fined and sitting Friday that their lordships have allocated. I do given a nine-month suspended prison sentence. The not think that her fears are well grounded in such case went all the way up to the House of Lords and circumstances. I agree that they may have been in some failed, but the House of Lords made it perfectly clear years, but surely not this year. that it felt that the law was very unsatisfactory. As a result, in 1985, the Law Commission was charged with Emily Thornberry: Those matters have been considered reporting back on the issue, but its recommendations and the Bill has been carefully looked after through failed to be implemented until 23 years later, in the both places. I hope that we are about to make it law, and Criminal Justice and Immigration Act 2008. The purpose we do not wish to risk all at this stage. The amendments of the Bill is to address that problem. might be attractive, but the Bill is not, as it has been We need to find more ways of increasing the momentum described, costume jewellery. It has authority and it will for reform, so there are two main provisions in the Bill. make a difference. Those at the Law Commission have The first is the hair shirt clause, which requires the Lord considered this matter carefully, and it is their view that Chancellor to report to Parliament on why reports have this Bill is suited to their purposes and provides a useful not been implemented and what plans he has for doing addition to the statutory provisions relating to the so. Opposition Members suggest that that kind of commission. The allegation has been made that the idea accountability can be achieved by early-day motions or for these changes came from the Ministry of Justice, but parliamentary questions, but we need a systematic approach. the Law Commission might wish to claim the original It is never comfortable to write such reports and that idea, which was then subject to negotiation between annual discomfort should bring the Government to heel the two. on the matter. They would need to go on record and say The Law Commission believe that the Bill is suited to why they have not implemented a report or why they are its purposes and it supports it. It is certainly concerned still considering one. The Lord Chancellor, the Minister that we might lose all at this very late stage— responsible for the Law Commission, would come to this place to do that. The second major provision in the Bill would give Mr. Chope: The hon. Lady’s objections to my statutory support to the protocol. Opposition Members amendments seem to be procedural rather than substantive. state that that is “trendy”, but I make no apology if it is. Why does she oppose the idea of a clearer reporting The protocol is being devised by the Law Commission requirement or of the reporting requirement coming and the Government, with the intention to provide a into effect earlier than the Bill currently proposes? more effective collaborative approach to desirable law reform, and to increase the likelihood of the commission’s Emily Thornberry: I am a pragmatist, and I wish to work being relevant and appropriately implemented. improve the law. We are all here to make improvements The hon. Members for Christchurch (Mr. Chope) to the law. We may all have ideas about the ideal law and for Shipley (Philip Davies) tabled amendments that we would wish to pass, but politics is about compromise aimed at tightening my proposals. I have some sympathy and we do what we can. I am doing what I can to ensure with those amendments and certainly agree with the that the powers of the Law Commission are improved spirit in which they have been tabled, which is one of and that we get better law as a result. It is my judgment support for the Law Commission—an attempt is being that we should proceed with what we have rather than made to ensure that the power and authority of the risk all by accepting any further amendments. commission is increased. I am also interested in the assurances that the Minister It is important for the commission to succeed in its may be able to give us, as it is clear that the Government statutory task of keeping the law accessible and up-to-date, are acting in good faith on this matter. I salute the spirit but there is a risk of losing the entire Bill if the proposals in which Opposition Members have tabled the amendments, 587 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 588 but I ask them to withdraw them and join me in incorporated, we could have the first report by next ensuring that the Bill makes its way securely on to the spring. It is a risk worth taking. If, as a result of being statute book. incorporated, the Bill does not pass through the other place—because the Government are too reluctant to The Parliamentary Under-Secretary of State for Justice accept even this modest amendment and to find the (Bridget Prentice): In support of my hon. Friend’s attempt time to agree it—we would revert to consideration of to persuade Opposition Members to withdraw their the Constitutional Renewal Bill, and I could propose a amendments, I have a couple of points to make. First, similar amendment that could be implemented probably the hon. Member for Christchurch (Mr. Chope) has on exactly the same time scale. talked, in this debate and in a previous one, about Government time in the other place. The other place 12.45 pm does not work in quite the same way as we do, and I Emily Thornberry: The hon. Gentleman refers to would not want anyone to think that we can manipulate time scales. I am sure that he is aware, as a result of the programme there. We cannot do so in the sense that conversations, that some within the Law Commission the hon. Gentleman suggests. have wanted the power in the Bill to be on the statute Secondly, I hope that the hon. Gentleman will withdraw book for more than a decade. This is our chance. the amendments for various reasons. Amendment 1 covers the timing of the report, but in fact it would be Mr. Chope: The hon. Lady is trying to hold a gun to prepared very quickly after the end of the reporting my head by saying, “Because you are sympathetic to the year—indeed, it would be started before the end of the Law Commission, you should be sympathetic to not reporting year. I expect that it would be laid before producing the best legislation in this House.” If those Parliament well before the six-month requirement in within the Law Commission have been waiting for amendment 1. Amendment 2 is flawed because it is not 10 years, why has a Bill been drafted that will not enable clear which year is meant. The effect of amendment 3 the first report to be issued for 16 to 18 months, or even would be that whenever the Government decided not to two years? implement a Law Commission proposal, they would have to report on that decision every year. That does Mr. Henry Bellingham (North-West Norfolk) (Con): not make sense. Once the Government have said that On the point about the timing of the Bill, and the they do not wish to implement a proposal—and have mechanism used—a private Member’s Bill—had the reported that with their reasons—that should be the Government really wanted to put this on the statute end of the matter. The drafting of amendment 11 book, surely they could have used one of the Bills would mean that the report would deal not just with the already before Parliament, such as the Coroners and pending tray of issues that must be decided, but with Justice Bill, which covers a number of different historical issues, and that would lead to some confusion responsibilities and could easily have accommodated over the position of an historic decision to implement another one covering this Bill. That way we could have only part of a proposal from the Law Commission. spent time in Committee debating it. That might have I understand and sympathise with the hon. Gentleman’s been a more satisfactory procedure. I agree with my belief that we should be as upfront as possible about hon. Friend, and I want the Bill passed, but, if Members when the reports will be laid and what will be in them, have concerns, they should be properly discussed. but the amendments are not sufficiently clear and would Mr. Chope: I am grateful to my hon. Friend. We are add to confusion rather than achieve the transparency almost in danger of finding ourselves in a similar situation that he desires. to that which we face in Committees on statutory Mr. Chope: I am grateful to the hon. Member for instruments, when those instruments cannot be amended. Islington, South and Finsbury (Emily Thornberry) for We are nearly accepting, in the main Chamber on a her remarks, but I am disappointed that she feels that Friday, a self-denying ordinance. We are not sure whether she cannot accept amendments that would strengthen the Government will accept our ostensibly very sensible the Bill. amendment, which everyone supports, and so we are almost in danger of not pushing it to a decision. That is The hon. Lady talks about the powers of compromise a ludicrous situation. Sometimes we should call the and the possibility that the Bill might not get on to the Government’s bluff. I have every confidence that if the statute book. As she knows, however, the Bill began as a amendment is accepted, it will eventually be incorporated proposal to form part of the Constitutional Renewal on to the statute book. [Interruption.] Does the hon. Bill, the Second Reading of which is scheduled for next Member for Oxford, West and Abingdon (Dr. Harris) Tuesday. If, as a consequence of strengthening the Bill want to intervene? before us along the lines that we all want, the legislation does not reach the statute book this Session, it will Dr. Evan Harris (Oxford, West and Abingdon) (LD) make no difference, because it can be incorporated into indicated dissent. the Constitutional Renewal Bill. It could be introduced as a new clause, which no doubt the Government themselves Mr. Chope: He leant forward, and I was wondering would table or accept, because, as we understand, it is a what he was going to do next. However, he does not Government proposal. want to intervene so I shall not take the matter any Under the Bill, the reporting year would not start further. until after Royal Assent—so the year would run from The Minister said that the amendments make matters October 2009 to October 2010—and the report would less clear, but I think that they make them much clearer. be introduced as soon as practicable after that. Realistically, At the moment, the Bill simply reads: “As soon as therefore, we would not get the first report until late practicable”. That is much less precise than 2010 or early to mid-2011. If my amendment were “no later than six months”. 589 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 590

[Mr. Chope] Amendment 6, page 2, line 15, leave out ‘may’ and insert ‘shall’. I do not understand why the Minister thinks that my Amendment 7, page 2, line 23, at end insert— proposal would make things worse. ‘(d) the way in which any breaches of the protocol shall be I am afraid to say that the Government’s response publicised and remedied.’. makes me suspicious, and not for the first time. I am not Amendment 8, page 2, line 24, leave out ‘must’ and sure that their heart is really in this Bill. They may say insert ‘may’. that it is, but if it was, they would accept our amendments instead of quibbling about them. Most importantly, Amendment 9, page 2, line 28, leave out ‘have regard they would have dealt with the substance of clause 1 to’ and insert ‘comply with’. and done something about the Law Commission’s outstanding proposals, on which the Government have Mr. Chope: The amendments have the same intention taken no decisions. Those proposals are still being for clause 2 as the previous amendments relating to considered, thanks to a logjam or some ghastly disease clause 1. Amendment 4 is there because “shall” requires of incompatibility between Departments, leading to that something should be done rather than making it paralysis, which is a function of the increased bureaucracy merely permissive as “may” does. I hope that the of recent years. amendment will be accepted, not least because I know All I am saying is that this is a case where the best and that discussions are already taking place between the the good go together. At the moment the Bill is less than Lord Chancellor and the Law Commission on the contents good. We are putting forward a sensible proposal to of the protocol. amend it. I therefore take pleasure in promoting and Because those discussions are already taking place in supporting amendment 1. anticipation of the implementation of clause 2, I hope Question put, That the amendment be made. that amendment 5, which would require the protocol to be in place The House divided: Ayes 4, Noes 36. Division No. 223] [12.51 pm “no later than six months after the coming into force of this Act” will also find favour with the Bill’s promoter and the AYES Government. Beith, rh Sir Alan Tellers for the Ayes: Amendment 6 would leave out “may” and insert Harris, Dr. Evan Philip Davies and “shall” again, so that the protocol must rather than may Steen, Mr. Anthony Mr. Christopher Chope include, among other things, various provisions about Taylor, Matthew principles and methods of working. What is the point of putting “may” on the statute book? Obviously a NOES protocol can include anything, and no statutory backing Austin, John Mudie, Mr. George is needed for it in the first place. In that sense the whole Bottomley, Peter O’Brien, rh Mr. Mike of clause 2 is redundant: it is mere window-dressing. Brown, Lyn Pelling, Mr. Andrew However, if we are to take it at face value and accept Brown, rh Mr. Nicholas Pound, Stephen that it makes an improvement that would not have been Bryant, Chris Prentice, Bridget made otherwise, we need to give the protocol some Clapham, Mr. Michael Primarolo, rh Dawn teeth by, as a House of Commons, setting out what we Corbyn, Jeremy Raynsford, rh Mr. Nick Cunningham, Mr. Jim think it should contain—not preventing additions from Robinson, rh Mr. Peter being made to it, but establishing what we believe Dismore, Mr. Andrew Shaw, Jonathan should be its minimum content. The amendment would Follett, Barbara Sheridan, Jim ensure that its content was appropriate, rather than our Goodman, Helen Simon, Mr. Siôn Hutton, rh Mr. John Skinner, Mr. Dennis having simply to hope that it would be. Jowell, rh Tessa Smith, rh Angela E. (Basildon) Amendment 7 would add a new part to the protocol. Kaufman, rh Sir Gerald Spellar, rh Mr. John If amendment 6 is accepted, it would be a mandatory Keeley, Barbara Thomas, Mr. Gareth requirement; if amendment 6 is not accepted but Khan, rh Mr. Sadiq Timms, rh Mr. Stephen amendment 7 is, it would be a possibility. I tabled the Levitt, Tom amendment because I do not see any point in requirements Mackinlay, Andrew Tellers for the Noes: McFadden, rh Mr. Pat Emily Thornberry and such as this without sanctions. So often we say “This McIsaac, Shona Judy Mallaber shall happen” or “this may happen”, but if it does not happen, what are the consequences? I see the Government Whip, the hon. Member for Leeds, East (Mr. Mudie) Question accordingly negatived. nodding in agreement, and I hope that the Government will support the proposal. Clause 2 The whole purpose of the Bill is, in effect, to name and shame the Government, on behalf of the Law PROTOCOL ABOUT THE LAW COMMISSION’SWORK Commission, if they do not behave properly and do not Mr. Chope: I beg to move amendment 4, page 2, show the commission sufficient respect in recognition line 12, leave out ‘may’ and insert ‘shall’. of its hard work and endeavour. But the naming and shaming will be no good without proper publicity, Mr. Deputy Speaker (Sir Alan Haselhurst): With this which is why the amendment requires any breaches of it will be convenient to discuss the following: the protocol to be publicised. We would also need to find a way in which such breaches could be remedied. Amendment 5, page 2, line 12, after ‘(1)’, insert As Dicey used to say, there is no point in a command ‘no later than six months after the coming into force of this Act’. without a sanction. I am sure that that principle applies 591 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 592 to the Bill and that the Law Commission holds it dear, executive of the Law Commission. I asked him to send and I hope that the Government do as well. me some information on the proposed protocol, and he Amendment 8 provides that the Lord Chancellor and writes: the Law Commission may, rather than must, “This is in an advanced stage of drafting and we are hoping it will be finally agreed soon. On current plans it will cover: “from time to time review the protocol”. (a) the process by which projects will be initiated, including scope Oddly enough, the position in this instance is the other and resource considerations; way around. I do not see any need to require the (b) guidance on handling for the currency of the project, with the protocol to be reviewed unless the Lord Chancellor and emphasis on regular communication and co-operation; and the commission want to review it. Requiring it to be (c) action upon completion of the project, to ensure that interim reviewed would be pointless if both parties took the and final responses are completed within their timescales”. view that no benefit would result from such a review, That is what it will cover, as far as he can tell me at and that it would necessarily be a bureaucratic and present. Basically, that only sets out the headings, but it expensive exercise. I think that this is a case in which the is the best result I have been able to achieve. My hon. draftsmen have got the “musts” and the “mays” the Friend will immediately be making comparisons between wrong way around. Requiring a review when no one those headings and the contents of clause 2(2) and wanted it would be absurd. wondering how they fit in together. I must say that I Amendment 9 would replace “have regard to” with find it extraordinary that at present it is necessary to “comply with”. What does have a protocol to ensure regular communication and “Ministers of the Crown and the Law Commission must have co-operation between the Lord Chancellor and the Law regard to the protocol” Commission, as I would have thought that that should mean? It is an empty gesture. It is possible to have go without saying in any well-organised Government. regard to something without taking any notice of it. Requiring Ministers and the Law Commission to have Mr. Bellingham: The Law Commissions Act 1965 regard to the protocol is very different from requiring makes it precisely clear what is the relationship between them to comply with it. the Law Commission and the Lord Chancellor, and the relationship with Parliament as well. It seems to me that I know from conversations that I have had that the this part of the Bill is completely unnecessary. It lays Law Commission sets great store by the protocol that is down in legislation something that should be taken as being drawn up. I am sure it will be expecting that once normal in any sensible, constructive relationship that is it has been drawn up and agreed the Lord Chancellor already itself based on statute. All it does is complicate will “comply with” it, rather than just “have regard to” the Bill, as well as throw into it a bit of extra new it. Therefore, this amendment would strengthen the Bill Labour jargon, so it is completely unnecessary. and make the protocol more worth while than it is at present, and I hope it receives the Government’s support. 1.15 pm None of these amendments would do anything other than strengthen and improve the Bill. They would make Mr. Chope: I am grateful to my hon. Friend for those it tighter, and they are in keeping with the spirit of what observations. During my conversation with Mr. Ormerod, the Law Commission wants. If the hon. Member for he said that he hoped that the protocol would require Islington, South and Finsbury (Emily Thornberry) tells other Government Departments to take the Law the House that she is worried that they are not supported Commission more seriously. Again, that suggests that by the Government, I hope the Minister will put her we have a dysfunctional Government with no discipline right on that. The argument that if this amendment and no proper co-operation between Departments. That were carried the whole Bill would be threatened is even the Law Commission feels that the Government do not more ludicrous than the argument deployed in respect take it seriously is a reflection on the Government, and of the first group of amendments, because the protocol I am sure that when we have a Conservative Government, will be drawn up anyway. It is being drawn up at my hon. Friend will ensure that that failing is remedied. present; its contents are being agreed between the Law I look forward to that prospect eagerly. Commission and the Lord Chancellor. It does not need If the amendments were accepted, the protocol would any legislative cover, so it would not be threatened by have some teeth, which it certainly lacks at the moment. the failure of the Bill to get on to the statute book. I should be interested to hear why the promoter and the Minister are against these sensible amendments, as I anticipate will be their position. Mr. Bellingham: Does my hon. Friend not find it somewhat peculiar and disconcerting that this draft Emily Thornberry: For the reasons that I gave in my protocol has not been made available to Members? speech on earlier amendments, I do not support these After all, this Bill has been around for a while; its ones and I ask that they be withdrawn. gestation goes back many years. As I understand it, over the years a number of members of the Law Mr. Chope: We have almost got dialogue of the Commission have been calling for such a Bill. Therefore, deaf—except that I am speaking and nobody seems to we could have been given a draft protocol to look at as want to engage with me. The hon. Lady who is promoting part of our deliberations on this Bill this morning and the Bill suggests that she does not want to debate the this afternoon. amendments, and she has given no reasons for what she sees as flaws in my argument on tightening up the Mr. Chope: My hon. Friend makes a very good point, protocol. The Minister sits there silent, not explaining which draws out of me a few comments on a letter sent why the Government find fault with these amendments. to me by e-mail yesterday by Mark Ormerod, the chief I suppose that, if the Bill gets on the statute book, it will 593 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 594

[Mr. Chope] The Ministry of Justice was entirely helpful and entirely non-Sir Humphrey-like. The Minister of State, be left to some of us to table similar amendments to the my right hon. Friend the Member for North Swindon Constitutional Renewal Bill, to try to tighten things up (Mr. Wills), has been pragmatic throughout. I thank the if necessary. [Interruption.] The Minister is speaking—I Law Commission, including the assistance given to us do not know whether she wishes to intervene, because I by Mark Ormerod, the tenacity of the previous chair, could not hear her sedentary intervention. I am quite Lord Justice Sir Terence Etherton, and the help we prepared to give way to her so that I can hear it; but received this week from Lord Justice Sir James Munby. again, neither you nor I, Mr. Deputy Speaker, can force I am also thankful for the cool head of a young lady the Minister to speak if she chooses to remain silent, called Miss Chloe Wright. irrespective of how much that might be regarded as The Bill is small but important. The most important being in breach of the conventions of this House. thing about it is that it will ensure that we make better The Minister was saying informally that at one stage law, which in the end is what we are here to do. I she was minded to offer me a concession. I am still commend the Bill to the House. waiting for a concession to be offered across the Floor of the House, and I hope that in due course it may be 1.33 pm and it will not be left until after the House has risen. If it was, my wife might get a bit worried, but leaving that Mr. Chope: As is apparent from the debates on the to one side, I think it a pity that none of these amendments, amendments, I am not against the Bill; I just feel that it which would give some teeth to the protocol, have is far weaker than it need be and is only necessary found favour with the Government, so I hope the House because the Government have failed to take the Law will reverse the decision that it took during the last Commission as seriously as they should. We have a Law Division and support me in proposing them. Commission that comprises some of the best legal Question put, That the amendment be made. brains in the country. They produce detailed reports on problem areas of the law, either where a fresh approach The House divided: Ayes 6, Noes 31. is needed for simplification or clarification, or to deal Division No. 224] [1.19 pm with a mischief that is causing problems for the public at large and is not being addressed by the courts, AYES leading to frustration and correspondence—for example, Beith, rh Sir Alan Steen, Mr. Anthony with Members of Parliament. It is disappointing when Harris, Dr. Evan the Law Commission proposes reforms and the Kaufman, rh Sir Gerald Tellers for the Ayes: Government disregard or ignore them. If I were a Mackinlay, Andrew Philip Davies and member of the Law Commission, I might find it quite Pugh, Dr. John Mr. Christopher Chope humiliating to see so little regard for all that work. I have been looking at the commission’s annual report NOES for 2008-09, which was printed on 7 July and is available Allen, Mr. Graham O’Brien, rh Mr. Mike in the Vote Office. It is the final annual report by the Austin, John Pelling, Mr. Andrew outgoing chairman, Sir Terence Etherton, and it addresses Bottomley, Peter Pound, Stephen the Lord Chancellor, reminding him that, in Sir Terence’s Brown, Lyn Prentice, Bridget view: Brown, rh Mr. Nicholas Primarolo, rh Dawn “The establishment of the Law Commission was an inspired Bryant, Chris Raynsford, rh Mr. Nick act of Government, born of the belief that accessible, intelligible, Clapham, Mr. Michael Robinson, rh Mr. Peter fair and modern law is the constitutional right of every citizen.” Corbyn, Jeremy Shaw, Jonathan Cunningham, Mr. Jim Simon, Mr. Siôn Sir Terence also refers to the fact that Dismore, Mr. Andrew Skinner, Mr. Dennis “the Commission has produced 180 final reports, recommending Follett, Barbara Smith, rh Angela E. (Basildon) reforms that affect citizens every day”, Keeley, Barbara Spellar, rh Mr. John and he notes: Kidney, Mr. David Thomas, Mr. Gareth “The Government has accepted and implemented”— Levitt, Tom Timms, rh Mr. Stephen only Mackay, rh Mr. Andrew Tellers for the Noes: McIsaac, Shona Emily Thornberry and “135 of those reports.” Mudie, Mr. George Judy Mallaber In other words, 45 of the 180 reports that have been produced over that 40-year period have not been actioned. Question accordingly negatived. Sir Terence refers also to the fact that “12 await a Third Reading decision”—in addition to the reports to which I have already referred—and says that 1.32 pm “the speed of implementation has been a cause of concern.” The purpose of the Bill is to try to remedy that Emily Thornberry: I beg to move, That the Bill be concern, but, as I have already said, I am highly sceptical now read the Third time. about whether it will make any difference, because it is I feel remarkably tired but I am very pleased to have not clear to me how a report that will be produced reached this stage. I thank all Members on both sides of sometime between October next year and, let us be the House for their support today and for the time they optimistic, the spring of 2011 will change anything that spent in Committee. I thank, too, the large number of could not be changed now if we had a Government and Members who have given me advice and shared their a Justice Secretary who were prepared to implement the wisdom—the numbers are far too embarrassing to mention. decisions that are outstanding. It is disappointing that 595 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 596

Sir Terence’s success as commission chairman is praised by the Law Commission and the likely benefits it will bring. For on the basis that he has managed to bring forward the the time being, therefore, the government will take no further Bill. He describes as a action.” “significant development…the Lord Chancellor’s statement to That was a poor show. Parliament, introducing the Constitutional Renewal White Paper If such a statement is made in an annual report—all on 25 March 2008”— we will get out of the Bill—how will life be any different? where— That concerns me. What pressure will be put on the “he announced his intention to bring forward proposals to place Government to legislate on cohabitation when they a statutory duty on the Lord Chancellor to report annually to have said that they have put the project on hold? Law Parliament on the Government’s intentions regarding outstanding commissioner Stuart Bridge said: Law Commission recommendations”— “We welcome the Government’s view that the report is very and— thorough and of very high quality.” “statutory backing to a protocol.” I am sure that it is, but they are easy words for the But that was in March 2008. Government to offer. Stuart Bridge continues: Is it too cynical to say that, although the Lord “The Government has indicated to us that it is postponing the Chancellor supposedly wanted legislation and made an decision…because it is concerned to establish estimates of the announcement in 2008, nothing will happen until spring costs and financial benefits…We look forward to receiving the Government’s final response.” 2011? In the meantime, he could have been looking at all the reports—seriatim, to use that word again—and The Law Commission still has not received that final saying to different Departments, “What about this? response and, if the Bill gets on the statute book, we Isn’t this a good idea? Isn’t that a good idea? Why don’t will not have a report for another 18 months or so on we get on and implement these very important reports the Government’s reason for not responding. That is or at least come to some conclusions about them?” only one example. What is almost worse than that apparent lack of Another example, which is important and features in implementation is the fact that the Government are so the newspapers almost every day, is intoxication and slow and tardy at reaching conclusions on the commission’s criminal liability, about which the Law Commission has reports. made proposals for reform. Commission report No. 134 Sir Terence goes on to say how grateful he is to Lord states that its Lloyd of Berwick for introducing the Bill to give effect “recommendations for reform would render the law…logically to the Lord Chancellor’s statement. Again, I can understand sound as a matter of policy…more comprehensive and therefore his excitement and enthusiasm. However, having heard more accessible; and…internally consistent.” the debate and the concerns expressed, I hope that, There is a big history to this matter, because the commission notwithstanding the Bill’s contents, Members of this undertook a thorough review of the law on intoxication House and the other place will use them to put more prior to publishing a report in 1992 on intoxication and pressure on the Government to implement Law criminal liability. That went out to consultation, and the Commission proposals that are waiting on the shelf for commission’s recommendations were set out in its 1995 somebody to take them up. report. However, the draft criminal law intoxication The promoter, the hon. Member for Islington, South Bill, appended to the 1995 report—the relevance of this and Finsbury (Emily Thornberry), has already referred example is that it shows that the problem has not to one or two proposals. I do not want to mention occurred only under this Government, but under the many, but cohabitation affects an enormous number of previous Conservative Government—has never been our constituents, and the Law Commission carried out implemented. a project on the subject in 2007, focusing on the financial In 1998, after the present Government came to office, hardship suffered by cohabitants or their children on they produced a consultation paper entitled, “Violence: the termination of a relationship by separation or death. Reforming the Offences Against the Person Act 1861”, The Law Commission published its report to Parliament about which people were quite optimistic. However, on 31 July 2007—more than two years ago. It contained the Government concluded that the commission’s final recommendations on the law affecting cohabitants’ recommendations were property and finances when relationships end, whether “unnecessarily complex for the purposes of this Bill”. by separation or death. It was for the Government to More than a decade later, the commission is extremely decide what to do with it. frustrated at the lack of progress. It wants to make the All that has happened is that the Government produced law more efficient and easier to apply. It produced a an interim response and issued a statement. I refer to draft Bill, and perhaps the hon. Member for Hendon that to illustrate the problem, which, I accept, the hon. (Mr. Dismore) will take it up as a private Member’s Bill Member for Islington, South and Finsbury believes that in the next Session. That is another example of the sort the Bill will address. The “Response to paper on of frustration that exists on all sides. cohabitation and relationship breakdown” came from The final example—I could go on for a long time, but the Ministry of Justice on 6 March 2008—nine months I do not wish to do so—is that of assisting and encouraging after the report was produced. The press release states: crime. Report No. 305, from 2007, deals with secondary “The report has been carefully considered and the government liability. The consultation paper went back to 1993. The has decided it wishes to seek research findings on the Family Law Serious Crime Act 2007 incorporated some of the (Scotland) Act 2006, which came into effect last year. This Act has provisions which are similar in many respects to those which commission’s suggestions, but the implementation of the Commission recommends… The government propose to await the commission’s recommendations is hit and miss. the outcome of this research and extrapolate from it the likely The hon. Member for Oxford, West and Abingdon cost to this jurisdiction of bringing into effect the scheme proposed (Dr. Harris) said earlier that the announcement that the 597 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 598

[Mr. Chope] The only other example that I wish to give is that of the way the Law Commission report on homicide has Government were going to legislate on sedition came been handled. It was not satisfactory—my hon. Friend about 20 or 30 years after the commission pronounced the Member for Cambridge (David Howarth) is more on it. of an expert than I am and, as he pointed out during the There are an enormous number of unnecessary Acts passage of the Coroners and Justice Bill through this on our statute book. At the same time, our constituents House, the Government only half legislated for the Law face an enormous number of problems for which there Commission’s provisions, therefore undermining them is no proper, clear legal remedy. That could be put right because they need to be taken as a whole. Further, we if the commission’s work were taken seriously and put did not get a chance to debate revisions to the law of into practice. murder on Report stage. I am an enthusiast for the commission’s work. I hope David Howarth (Cambridge) (LD): The situation is that the House will do more to put pressure on the even worse than my hon. Friend describes. The Government Government to get that work incorporated into statute gave the Law Commission a very restricted brief, and when appropriate, and that we will be less relaxed in then failed to debate what it came up with in this House. future about letting the Government get away with not doing so. In so far as the Bill will do anything to assist in Dr. Harris: Exactly, and I hope that, as the hon. that process, I wish it well, but I fear that it might be Member for Islington, South and Finsbury said, the being used as an excuse for further inaction. I hope that report that the Government will have to produce will I am wrong. cause them to hesitate before agreeing the non- The hon. Member for Islington, South and Finsbury implementation of Law Commission reports without told me that she does not have the largest majority in debate in this House or ignoring them completely. It is the House. Whatever happens at the next election, if she good that we are having this debate now. succeeds in getting a private Member’s Bill on to the There is a question of procedure, because it cannot statute book, she will have achieved a great success, on be right that otherwise reasonable amendments to this which I would congratulate her. It may not be the hot Bill are defeated by the argument that we should not news topic in the part of London that she has the amend this Bill because it might run out of time, even privilege of representing, but that does not matter, though it has general support. I hope that the Reform because in this legislature, people will recognise that of the House of Commons Committee, of which I am a she has addressed a serious issue effectively, in her member, will address itself to ensuring that any private modest way. Member’s Bill—I congratulate the hon. Lady and her colleagues in the other place on getting this one this 1.50 pm far—is not faced with the threat of running out of time, whether it has Government support or not. I am delighted Dr. Evan Harris: I congratulate the hon. Member for that it looks as though this Bill will get its Third Islington, South and Finsbury (Emily Thornberry) on Reading unamended and will not have to go back to the seeming to get this Bill through, and I suspect, knowing Lords, but the prime objective is that this House should her part of the world as I do, that this is a hot topic not be fettered by such concerns when considering there. It is important that there is some parliamentary amendments. accountability for the Government’s response to the Law Commission. We are spending money on the work I congratulate the hon. Lady because it looks as of the Law Commission and, far too often, its excellent though the Bill will get its Third Reading. reports lie idle. As the hon. Member for Christchurch (Mr. Chope) mentioned that issue, I just wish to draw 1.55 pm attention to some reports that have taken a long time Mr. Bellingham: I congratulate the hon. Member for even to look as though they will reach the statute book. Islington, South and Finsbury (Emily Thornberry) on The hon. Lady mentioned the report on blasphemy. I introducing the Bill. The Opposition support it. We had a small hand in getting that on to the statute book think it is long overdue, but are disappointed that the by tabling amendments to the Criminal Justice and Government have not used an existing Bill over the past Immigration Act 2008. The 1975 report on sedition has couple of years or so to accommodate its contents. As taken 34 years to approach statutory form, as the the hon. Lady pointed out, Lord Gardiner, who was Government have tabled amendments to the Coroners Lord Chancellor in the mid-1960s, was the architect of and Justice Bill in the other place, following the amendments the Law Commission. Its key functions were to update tabled in Committee by Lord Lester and on Report here the law, to advise on repealing old laws and to make by me. Criminal defamation was dealt with in the 1985 recommendations for new ones. Law Commission report, which recommended—possibly At the time, Lord Gardiner’s vision was considered wrongly by today’s standards—abolition and replacement fairly radical, imaginative and almost revolutionary. In with a slightly less draconian criminal provision, and the early years, the Law Commission was afforded great that is covered by the welcome Government amendments respect by the Government. However, as hon. Members tabled this week. Those are two examples of it having have pointed out, one problem was that too many taken decades for anything to be done, and they are reports were simply parked on shelves and left to gather important issues even though the laws in question are dust. Some good examples have been given. I shall not not in use here. Other countries use them in an anti-human repeat them all, but I remember feeling quite strongly rights way and point to the fact that we retain them on about the recommendations on mental capacity, which our statute book against the advice of the Law Commission took 10 years to reach fruition in the Mental Capacity as a justification for repressing journalists and freedom Act 2005, the inauguration of the Office of the Public of speech. Guardian and other new arrangements. 599 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 600

The hon. Member for Cambridge (David Howarth) I would simply ask whether the clause is really necessary. and I were members of the Public Bill Committee that It cannot cover any new powers or functions; rather, it considered the Coroners and Justice Bill, and we dealt relates only to existing powers and functions. It creates at length with its provisions on homicide. I agree neither new powers in respect of the Lord Chancellor or entirely with what he just said about that. Cohabitation, the Government, nor any directly enforceable rights on which the Law Commission also produced a report, and obligations. I would therefore ask whether such a has been mentioned. The commission believes strongly protocol is necessary. If we can get Departments working that legislation is needed to afford new rights to with each other more closely and taking the Law cohabitees in certain circumstances, yet the Government Commission’s work more seriously, the protocol will have not moved on that at all—extraordinarily, they probably be a waste of time. Indeed, it is a bit of an have not even produced a consultation paper. All too insult to what should already be a close and positive often, therefore, the Government ignore the Law relationship between the Law Commission and the Lord Commission. Chancellor. Under the Law Commissions Act 1965, the Lord We welcome some of the recent changes introduced Chancellor must lay before Parliament programmes by the Government, particularly the recent internal prepared by the Law Commission that he has approved, reorganisation of the Ministry of Justice into five divisions, as well as proposals for reform. The Law Commission including one covering democracy, the constitution and must make an annual report to the Lord Chancellor, law. The Law Commission now sits within that pillar, who must then lay it before Parliament. However, under rather than coming under the courts division. That existing rules, the Lord Chancellor is not required to lay definitely makes sense, and the Government need a pat before Parliament his own report on the implementation on the back for making that change. In April the House of Law Commission proposals. He does not have to set of Lords finally approved a special procedure for non- out plans for dealing with any such proposals that are controversial Law Commission Bills, which was also a not implemented, nor provide the necessary reasoning good step forward. behind his decision. That was a serious flaw in the Law Recently the Ministry of Justice belatedly upgraded Commission’s armoury and is why we support the first the ministerial committee for the Law Commission, part of the Bill. which always used to comprise junior Ministers from Hon. Members have asked whether that is necessary, different Departments. I believe that the intention now because colleagues can table parliamentary questions is for the committee to have much a wider reach than and hold Ministers to account. I agree that hon. Members over the past, say, 10 or 12 years. I hope that that will can use written parliamentary questions to mine data address the disconnect between Departments and the and information from the Government, but that Law Commission, as well as the problem that we are all presupposes that Ministers are prepared to co-operate so concerned about, which is that numerous excellent and enter into the spirit of the exercise. All too often, reports are simply sitting on shelves gathering dust and we might feel very strongly about something one day, no one is taking them seriously. but events move on quickly and things are easily forgotten. Today’s Bill is a small step forward. We wish it well In terms of the equality of arms, therefore, all the and hope that it gets through as quickly as possible, power is on the side of Ministers, and it requires very because although it is modest, it is an important step in tenacious Back-Bench Members to push them to give the right direction. the right information. The new arrangements in the Bill would therefore be an important and welcome step forward. 2.3 pm David Howarth: I, too, welcome the Bill on behalf of Mr. Chope: I agree very much with my hon. Friend, my party and congratulate the hon. Member for Islington, but can he assure the House that the Opposition are South and Finsbury (Emily Thornberry) on getting it already actively looking at the Law Commission’s this far and, I hope, to its final destination in a few outstanding recommendations with a view to deciding moments. which of those pearls of wisdom should be implemented early under an incoming Conservative Government? However, I would not want people to think that because a lot of Law Commission reports are about technical law, they therefore do not have political or Mr. Bellingham: I assure my hon. Friend that those of policy consequences. Every one of them has some political us on the Front Bench, watched over with eagle eyes by or policy content. There are gainers and losers in almost those in the Whips Office, use virtually every spare every proposal, even if they are simply in the legal moment of our time to prepare for government. Our profession. Therefore, non-implementation of a Law team is looking at the Law Commission’s recommendations Commission report is not automatically a bad thing. and preparing Bills for the first Queen’s Speech, in the There might be a genuine political difference between event of our winning the election—we are not allowed the assumptions made by the Law Commission and the to say “when”; we are saying “if”, because we need to Government of the day. However, the Bill does something win the public’s confidence and people’s trust. important: it forces the Government to give their reasons. Clause 2 would insert a new section 3B into the Law Hon. Members might remember the attempt when Commissions Act 1965, which would introduce a protocol the Legislative and Regulatory Reform Act 2006 was designed to provide a framework for the relationship going through to reform how Law Commission reports between HMG and the Law Commission. Clause 2 also come forward. The Government insisted that they would says: never obstruct a non-controversial proposal—they said “The Lord Chancellor must lay the protocol…before Parliament.” that they would use the powers in that legislation only 601 Law Commission Bill [Lords]16 OCTOBER 2009 Law Commission Bill [Lords] 602

[David Howarth] like to give the House two recent developments as evidence of this. First, as the hon. Member for North-West for non-controversial proposals and would not put through Norfolk (Mr. Bellingham) mentioned, we have introduced controversial ones—but could never offer a definition a new procedure in the House of Lords for the consideration of what was controversial. of politically non-controversial Law Commission Bills This Bill does something much more reasonable, that are strongly supported by the Government. The which is simply to say to the Government: “If you’re Perpetuities and Accumulations Bill is the first Bill to not going to implement this proposal, you’ll have to say go through this procedure, and, as I have already said, why.” That might involve financial reasons, or a we hope it will achieve Royal Assent very soon. I hope disagreement with the moral basis of a Law Commission that many more Bills will use this system, leading to report—that might well be the problem with the report even higher levels of implementation of the more technical on cohabitation. The Government will not, however, be Law Commission Bills. allowed not to give a reason. It is possible that the Secondly, we have amended the Law Commissions Government’s real reason may not be a proper reason. Act 1965 to provide that the chair of the Commission For example, they may fear the way in which a matter must be a High Court or Court of Appeal judge. We could be reported in the Daily Mail. They would not believe that that will enhance the standing of the give that as their reason, of course; they would be Commission as a whole, and that it will provide a forced to give a different one. symbol of its independence and political neutrality, I believe that there will be occasions when the both of which are extremely important to it. The newly Government, faced with the choice of either giving a appointed chairman of the Law Commission, Sir James reason other than their real reason or simply getting on Munby, is a Court of Appeal judge, and we wish him with it, will choose simply to get on with it. For that and his team well in the course of the next few years. reason, the Bill, even though it looks modest, might During the debate, allusions have been made to the have some real-world effects. Some Law Commission length of time it has taken for some Law Commission reports might go through because the Government reports to be implemented, and I agree that, in some decide that it is not worth giving a false reason for not cases, that has been shockingly long. There has also implementing them. I welcome the Bill. I do not think it been a suggestion that very few such reports make it to is quite so modest as the hon. Member for North-West the statute book. I have to say that the facts do not bear Norfolk (Mr. Bellingham) thinks it is. I believe that it that out. Currently, we have implemented 67 per cent. will have good effects in the long term and I wish it well. of Law Commission reports, or two out of three. We obviously want to improve on that, but it is not such a 2.5 pm bad figure; it is a testament to the commission’s impact on our law. All that has been achieved with the Bridget Prentice: I should like to add my congratulations Government’s support, and we support this important to my hon. Friend the Member for Islington, South and Bill because it is a mark of our commitment to the Finsbury (Emily Thornberry) on getting her Bill to this commission. stage. I hope that, within the next few minutes, it will receive its Third Reading. These are important issues. Mr. Chope: I had the opportunity to speak to Sir As the hon. Member for Cambridge (David Howarth) James Munby since his appointment and I know that he said, they might look technical, but they will have a real takes this issue very seriously. I wonder whether the effect on our constituents’ lives. Minister is able to give him a piece of news today about It is a great privilege for my Department to be associated what the Government are going to do in respect of each with the Law Commission. The Commission has made of the reports on which the Government’s decision a significant contribution to law reform since it was remains outstanding. If she cannot answer me across founded in 1965, and that contribution is much valued the Dispatch Box now, will she write to hon. Members by the Government and those in the legal and judicial and place her answer in the Library for us? world. Contrary to what people might infer from earlier contributions to the debate, many Government Bills Bridget Prentice: I will certainly raise it with the have originated with the Law Commission. I can cite Minister within whose portfolio the Law Commission two current examples in my Department. The first is the sits, and I will ensure that either he or I write to hon. Perpetuities and Accumulations Bill, which is nearing Members or put in the Library a response to the question the end of its parliamentary stages. I hope that, by the that the hon. Gentleman rightly asks. end of Monday, it will have completed most of its Commons stages. The second is the bribery Bill, which We see the Bill as a key mechanism for delivering is included in the draft legislative programme for 2009-10. higher implementation rates of Law Commission reports, which will benefit both law reform and the taxpayer. As my hon. Friend the Member for Islington, South The requirement on the Lord Chancellor to report on and Finsbury has said, the task of the Law Commission the extent of implementation of Law Commission reports is fundamentally important because its aim is to make each year will keep up the pressure on us, the Government, the statute book fairer, more appropriate to the to account for decisions on implementation. Of equal circumstances of the time, simpler, more easily or perhaps more importance is the protocol that will set comprehensible and more cost-effective. The good health out best practice in terms of working relationships of our statute book is fundamental to the good health between the Law Commission and Departments on of our democracy. individual projects. That is what should assist in developing As my right hon. Friend the Lord Chancellor has the collaborative relationship between the Law Commission previously said to the House, we are committed to and Departments that experience teaches us is the key strengthening the role of the Law Commission. I should to successful implementation. 603 Law Commission Bill [Lords] 16 OCTOBER 2009 604

Finally, I want to stress our commitment to the work Crown Employment (Nationality) Bill of the Law Commission. The more effective the Law Consideration of Bill, as amended in the Public Bill Commission is in having its reports on reform accepted Committee. and then implemented, the more successful it will be in achieving its overall objective of making the law fairer, more modern, simpler and as cost-effective as possible, New Clause 1 which I believe the whole House would want to support. I am thus very pleased indeed to support the Bill. My APPEALS hon. Friend the Member for Islington, South and Finsbury ‘(1) A person who is ineligible to be employed or hold office in can go back to her constituency, having shown herself a civil capacity under the Crown by reason of the rules made to be a true parliamentarian in taking through a private under section 2 may appeal to a Crown Employment Member’s Bill. That is not an easy thing to do and it (Nationality) Rules Tribunal (“the Tribunal”) for an exemption does not happen very often. My hon. Friend has every from the rules. reason to be proud of her achievements today. (2) The Secretary of State shall make regulations with respect to the composition, conduct and operation of the Tribunal. Emily Thornberry rose— (3) The Secretary of State may not make regulations under this section unless a draft of the regulations has been laid before and Mr. Deputy Speaker: Order. I am about to put the approved by a resolution of each House of Parliament. question. We do not want any obstacles at this late (4) The power to make regulations under this section is stage. exercisable by statutory instrument.’.—(Mr. Chope.) Question put and agreed to. Brought up, and read the First time. Bill accordingly read the Third time and passed, with an amendment. Mr. Christopher Chope (Christchurch) (Con): I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following: Amendment 1, page 1, clause 2, leave out lines 13 to 16 and insert ‘in a reserved post. (1A) A post is a reserved post if— (a) it is a post in any of the security and intelligence services, or (b) it is within subsection (1B) or (1C), and a Minister of the Crown has determined that it is necessary for requirements as to nationality to be satisfied in relation to the post. (1B) The posts within this subsection are— (a) posts in Her Majesty’s Diplomatic Service and posts in the Foreign and Commonwealth Office, and (b) posts in the Defence Intelligence Staff. (1C) The posts within this subsection are posts whose functions are concerned with— (a) access to intelligence information received directly or indirectly from any of the security and intelligence services, (b) access to other information which, if disclosed without authority or otherwise misused, might damage the interests of national security, (c) access to other information which, if disclosed without authority or otherwise misused, might be prejudicial to the interests of the United Kingdom or the safety of its citizens, or (d) border control or decisions about immigration. (1D) A determination under subsection (1A)(b) may relate to a particular post or posts, or to posts falling within a description specified in the determination. (1E) In this section “the security and intelligence services” means— (a) the Security Service, (b) the Secret Intelligence Service, and (c) the Government Communications Headquarters.’. Amendment (a) to amendment 1, line 3, after ‘services’, insert ‘, or the Home Office’. Amendment 2, page 2, line 9, at end insert— ‘(e) any brother or sister of a person within paragraphs (b) or (c).’. 605 Crown Employment (Nationality) 16 OCTOBER 2009 606 Bill Amendment 3, page 2, line 37, leave out from ‘section’ “a post in any of the security and intelligence services”. to ‘House’ in line 38 and insert I do not think any Member present would disagree with ‘may not be made unless a draft of the instrument has been laid that proposal. They also suggest that a post should be before, and approved by a resolution of, each’. designated a “reserved post” if Amendment 4, page 3, line 3, clause 4, leave out “it is within subsection (1B) or (1C), and a Minister of the Crown subsection (2). has determined that it is necessary for requirements as to nationality to be satisfied in relation to the post.” Mr. Chope: I feel as though we have discussed the That brings in posts within the subject of Crown employment and nationality before. “Diplomatic Service and posts in the Foreign and Commonwealth When I looked at my records, I found that I was not Office” wrong. Indeed, new clause 1 has been put forward in and also similar terms on previous occasions, using the iterative process. That concept is well known to the hon. Member “posts in the Defence Intelligence Staff”, for Hendon (Mr. Dismore), as I cannot recall how many which, together, cover a significant number of posts. times this Bill has been before the House. Each time, the If the Minister were to decide that it is necessary for Bill has been an improvement on its previous incarnation, nationality requirements to be satisfied in relation to but it still lacks that extra ingredient of new clause 1, those posts, that could have significant implications for which would improve the Bill enormously. people who wanted to apply, hence the importance of new clause 1 in order to satisfy applicants that justice 2.15 pm has been done, the rule of law has been applied and decisions are not arbitrary. That is important because New clause 1 introduces the concept of natural justice one way of challenging arbitrary decisions by Government into these procedures rather than requiring them to rely is by seeking judicial review, but that process is extremely on a ministerial fiat. If there is no right of appeal, long-winded, very hard and expensive to access. That is people may rightly feel aggrieved. This is the last time another reason why I think it would be better to establish that I shall draw the analogy today, but some Members a specific tribunal with responsibility for the matter. of this House feel that they should have a right of appeal against the rulings of Sir Thomas Legg. I think The next group of posts is set out in proposed new that the House is likely to find some means of ensuring subsection (1C). They include that there is such a system of appeal, and it is in exactly “posts whose functions are concerned with— the same spirit that I tabled the new clause. People who (a) access to intelligence information received directly or indirectly are aggrieved as a result of a decision by the Government from any of the security or intelligence services” under the terms of clause 2 will ask “What can I do and about this? Am I unable to obtain any remedy for the Minister’s decision?”I consider that it would be reasonable, “access to other information which, if disclosed without authority and in accordance with the system of British fairness or otherwise misused, might damage the interests of national and justice, to enable that to happen. security.” A significant number of people will be affected by I think most people would agree with the inclusion of clause 2. I understand that if Government amendment 1 those two groups. Indeed, their inclusion reflects concerns —which deals with reserved posts—is accepted, as many expressed by me, my hon. Friend the Member for as 5 per cent. of all civil service posts may be affected. I Shipley and my right hon. Friend the Member for East stand to be corrected on that figure, but in view of the Yorkshire when we were members of the Committee size of the civil service at present, we are talking about considering the Bill back in 2007. potentially tens of thousands of posts. The proposed new subsection also covers posts involved We no longer have full employment, as we did when in the hon. Gentleman first presented the Bill. We “border control or decisions about immigration.” now have a desperate and significantly increasing level My hon. Friend and I have proposed an additional of unemployment. I believe that, in the last year, group, however. We seek to include people involved unemployment has effectively doubled in my constituency. with the Home Office—that requirement would be inserted Against that background, we should expect many more into the Government’s proposed new subsection (1A)(a)— applicants for any such posts than there may have been because the Home Office has control over many aspects in the past. There is scope for many more people to be of security. Those responsibilities may be more junior in disappointed, and therefore many more people will feel the hierarchy than those addressed by the intelligence that their rights have been trampled on. New clause 1 and security services, but I know precious little about offers a safety valve by allowing appeals to be made to them because of reasons of confidentiality. We all know the tribunal. about the Home Office, however, and we are aware that I know that my right hon. Friend the Member for there are people in that Department who deal with East Yorkshire (Mr. Knight)—who could not be present serious organised crime, which is a lot more rife than it today—is enthusiastic about the new clause, and I am used to be. grateful to my hon. Friend the Member for Shipley Those people are charged with dealing with our (Philip Davies) for supporting it today. national security at a local level. For example, I know Government amendment 1 effectively rewrites clause 2 that the Dorset police constabulary is charged with by removing the generalities contained in lines 13 to 16 dealing with security at the water events and sailing and explaining the concept of reserved posts much activities that are to take place down in Weymouth more specifically. The Government are suggesting that during the forthcoming Olympics. Many people are reserved posts should include expected to attend and the Dorset police constabulary 607 Crown Employment (Nationality) 16 OCTOBER 2009 608 Bill is already involved in working out what security precautions Business without Debate are needed to ensure that those activities take place without disruption. EQUALITY AND DIVERSITY (REFORM) BILL Motion made, That the Bill be now read a Second Mr. Anthony Steen (Totnes) (Con): My hon. Friend time. mentions the Dorset police, but is he aware that the Devon and Cornwall police are also considering the Hon. Members: Object. problems for Torbay, should the tall ships be racing Bill to be read a Second time on Friday 6 November. there during the Olympics? Would that situation not be similar to that which he talks about in Dorset? ARMENIAN GENOCIDE REMEMBRANCE DAY BILL Mr. Chope: Similar but probably different in scale, Motion made, That the Bill be now read a Second because the ships are bigger in Torbay but there are time. more of them in Weymouth. My hon. Friend—it is wonderful that he is in the Chamber assiduously dealing Hon. Members: Object. with these matters on a Friday, as is so often the Bill to be read a Second time on Thursday 22 October. case—has drawn attention to the fact that my example of the Dorset constabulary is not unique and is replicated SAFETY OF MEDICINES (EVALUATION) BILL in a lot of other constabularies. However, it is an Motion made, That the Bill be now read a Second example of a Home Office activity that makes Home time. Office posts wholly relevant for consideration as additions to those already listed in Government amendment 1, Hon. Members: Object. which in general I support because it brings more detail Bill to be read a Second time on Friday 23 October. into the Bill. I want to speak briefly to amendment 2, which would ROYAL MARRIAGES AND SUCCESSION TO insert into clause 2 the phrase THE CROWN (PREVENTION OF “any brother or sister of a person within paragraphs (b) or (c)”. DISCRIMINATION) BILL Resumption of adjourned debate on Question (27 March), Why should parents and spouses, deceased parents, civil That the Bill be now read a Second time. partners or people living together as though they were spouses or civil partners be the only groups of people Hon. Members: Object. deemed connected, such that they might have a relationship Debate to be resumed on Friday 23 October. that could involve undue influence? I should have thought that siblings come into that category as well, which is SALE OF MOBILE HOMES (INTERVIEWS) BILL why we have tabled amendment 2. Motion made, That the Bill be now read a Second Amendment 3 would ensure that we have to use the time. affirmative procedure for any draft instrument instead of the negative procedure, so at least we could ensure its Hon. Members: Object. being debated in this House. We could not of course Bill to be read a Second time on Friday 23 October. ensure that it could be amended if we did not like it, but at least we would have the chance to debate it. For all I SCHOOL BUS (SAFETY) BILL know, the hon. Member for Hendon, the Bill’s promoter, Motion made, That the Bill be now read a Second may well have wanted to include an affirmative resolution time. but was dissuaded by the Government, who, as we know, want as little legislation as possible to be subject Hon. Members: Object. to scrutiny in this House, and therefore prefer the Bill to be read a Second time on Friday 23 October. negative resolution procedure. However, that is as may be and we will no doubt hear from the Bill’s promoter in BROADCASTING (PUBLIC SERVICE CONTENT) due course about why the affirmative resolution was not BILL in the Bill to start with. Resumption of adjourned debate on Question (12 June), That brings me conveniently to amendment 4, which That the Bill be now read a Second time. would leave out subsection (2) of clause 4. I tabled it Hon. Members: Object. because I thought it would concentrate the minds of the Debate to be resumed on Friday 6 November. Government on the whole Bill. I got the impression when it was last discussed in Committee that they were EMPLOYMENT OPPORTUNITIES BILL getting rather lukewarm about it because of the change in the employment situation, the rapid rise in unemployment Motion made, That the Bill be now read a Second and the conflict that could be caused by opening up time. posts in the Government service to aliens who are Hon. Members: Object. currently unable to qualify for those posts. The Government Bill to be read a Second time on Friday 6 November. could see that there might be— FUEL POVERTY BILL 2.30 pm Resumption of adjourned debate on Question (20 March), The Deputy Speaker interrupted the business (Standing That the Bill be now read a Second time. Order No. 11(2)). Hon. Members: Object. Bill to be further considered on Thursday 22 October. Debate to be resumed on Friday 23 October. 609 Business without Debate 16 OCTOBER 2009 610

BROADCASTING (TELEVISION LICENCE FEE PROTECTION OF GARDEN LAND ABOLITION) BILL (DEVELOPMENT CONTROL) BILL Motion made, That the Bill be now read a Second Motion made, That the Bill be now read a Second time. time. Hon. Members: Object. Hon. Members: Object. Bill to be read a Second time on Friday 6 November. Bill to be read a Second time on Friday 23 October. EUROPEAN UNION (AUDIT OF BENEFITS AND COSTS OF UK MEMBERSHIP) BILL Motion made, That the Bill be now read a Second time. AIRPORT EXPANSION (PARLIAMENTARY APPROVAL) BILL Hon. Members: Object. Motion made, That the Bill be now read a Second Bill to be read a Second time on Friday 6 November. time. HUMAN RIGHTS ACT 1998 (MEANING OF Hon. Members: Object. PUBLIC AUTHORITY) BILL Resumption of adjourned debate on Question (3 July), Bill to be read a Second time on Friday 23 October. That the Bill be now read a Second time. Hon. Members: Object. BRITISH MUSEUM ACT 1963 (AMENDMENT) Debate to be resumed on Thursday 22 October. BILL Resumption of adjourned debate on Question (15 May), ILLEGALLY LOGGED TIMBER (PROHIBITION That the Bill be now read a Second time. OF SALE) BILL Resumption of adjourned debate on Question (26 June), Hon. Members: Object. That the Bill be now read a Second time. Debate to be resumed on Thursday 22 October. Hon. Members: Object. Debate to be resumed on Thursday 22 October. TORTURE (DAMAGES) (NO. 2) BILL HOME REPOSSESSION (PROTECTION) BILL Motion made, That the Bill be now read a Second time. Motion made, That the Bill be read a Second time. Hon. Members: Object. Hon. Members: Object. Bill to be read a Second time on Thursday 22 October. Bill to be read a Second time on Thursday 22 October.

EMPLOYERS’ LIABILITY INSURANCE BUREAU BILL ONLINE PURCHASING OF GOODS AND Motion made, That the Bill be read a Second time. SERVICES (AGE VERIFICATION) BILL [LORDS] Motion made, That the Bill be now read a Second Hon. Members: Object. time. Debate to be resumed on Thursday 22 October. Hon. Members: Object. PHARMACEUTICAL LABELLING (WARNING Bill to be read a Second time on Thursday 22 October. OF COGNITIVE FUNCTION IMPAIRMENT) BILL Motion made, That the Bill be now read a Second GOVERNMENT OF CORNWALL BILL time. Motion made, That the Bill be now read a Second Hon. Members: Object. time. Bill to be read a Second time on Thursday 22 October. Hon. Members: Object. LAND USE (GARDENS PROTECTION ETC) BILL Bill to be read a Second time on Friday 23 October. Resumption of adjourned debate on Question (8 May), That the Bill be now read a Second time. ACCESS TO PARLIAMENT (UNITED KINGDOM Hon. Members: Object. MEMBERS OF THE EUROPEAN PARLIAMENT) Debate to be resumed on Thursday 22 October. Motion made, That the Resolutions of the House of 30 January 1989 relating ROAD SIGNS (TOURIST DESTINATIONS AND to House of Commons Services and 6 December 1991 relating to FACILITIES) BILL Access (Former members and United Kingdom members of the Motion made, That the Bill be now read a Second European Parliament) shall cease to have effect insofar as they time. relate to United Kingdom members of the European Parliament.— (Mr. Nicholas Brown.) Hon. Members: Object. Debate to be resumed on Friday 23 October. Hon. Members: Object. 611 Business without Debate 16 OCTOBER 2009 612

Mr. Andrew Dismore (Hendon) (Lab): On a point of Dentistry (Nottingham, North) order, Mr. Deputy Speaker. As you know, motion 52 Motion made, and Question proposed, That this House excludes Members of the European Parliament from do now adjourn.—(Mr. Mudie.) gaining access to the House through passes, which would of course mean that the newly elected British National party Members would not be allowed to get 2.39 pm into this place. Most Members are of the view that that Mr. Graham Allen (Nottingham, North) (Lab): As I should be the case. Is there any way of recording— have just had my tonsils removed, I intend to make an equally truncated introduction to this very important Mr. Deputy Speaker (Sir Alan Haselhurst): Order. debate. The Minister has had a copy of my full speech That is not a point of order but a point of debate, so since Monday, and it also appears on my website. bad luck. In essence, I should like the Minister to comment on Mr. Dismore rose— how we can improve NHS dentistry in my constituency. The state of children’s dental health in Nottingham is Mr. Deputy Speaker: I have ruled. That is not a point the second worst in the country—it is at the average of order so I will not take it as a point of order. level found in England 35 years ago. Half the under-fives have never been to a dentist. A local teacher told me about primary school children who had dirty or black Mr. Dismore: On a point of order, Mr. Deputy Speaker. teeth or who had lost their second teeth, and described Is there any way of recording in Hansard that it was the the excitement of a six-year-old girl at having a hon. Member for Christchurch (Mr. Chope) who objected toothbrush—she had never had one before. to motion 52? Children in the most deprived fifth of schools, typical Mr. Deputy Speaker: I am sure that Hansard will of my constituency, have four times as many decayed, merely record that an objection has been taken. missing and filled teeth as those in the top fifth. Local dentists, the local NHS and the Government have worked Mr. Christopher Chope (Christchurch) (Con): Further hard on the problems but it seems that recent reforms, to that point of order, Mr. Deputy Speaker. Will you including changes to the dentist contract and payments, confirm that the only way in which one can ensure that may even have made the situation worse. Quick extractions there is a debate on the issue, irrespective of whether are up, time-consuming repair work is down. one supports or objects to the motion, is to object to Three simple steps would help to put things right: motion 52, which is what I have done? I have done that first, registering every child and every adult with their so we can have a debate and I reserve my position on local dentist; secondly, ensuring that the dentist contract how I might vote— rewards prevention, and not only extraction; and thirdly, giving every child and adult a free dental check-up Mr. Deputy Speaker: Order. The hon. Gentleman is every year. That dental MOT for everyone could be also getting into debate. I think that sufficient detail is paid for through a reformed charging scale and revised now on the record for everyone to be clear. dental contracts. Nothing less than that ambition will meet the scale of the problem in constituencies such as mine. Incidentally, Nottingham would be the perfect REGIONAL SELECT COMMITTEE place to hold the pilot. I should like the Minister to (WEST MIDLANDS) comment on that. Motion made, I hope the Minister agrees that never again should That Dr Richard Taylor be a member of the West Midlands the House hear of a girl in my constituency or anywhere Regional Select Committee.—(Mr. Nicholas Brown.) else who only gets her first toothbrush when she is six years old. Hon. Members: Object. 2.42 pm REGIONAL SELECT COMMITTEE (YORKSHIRE AND THE HUMBER) The Minister of State, Department of Health (Mr. Mike O’Brien): I congratulate my hon. Friend the Member Motion made, for Nottingham, North (Mr. Allen) on securing the That Mary Creagh be discharged from the Yorkshire and the debate. He takes a keen interest in the challenges faced Humber Regional Select Committee and Mr Austin Mitchell be by commissioners of primary care dental services for added.—(Mr. Nicholas Brown.) Nottingham. I offer him my sympathy on his tonsillectomy, which comes at a most frustrating time, and means he is Hon. Members: Object. not able to make as detailed a contribution to the debate as he might like, but I certainly admire his REGIONAL SELECT COMMITTEE fortitude in speaking when his throat is somewhat raw. (SOUTH WEST) Before I deal with some of the issues relating to Motion made, dental services in Nottingham, I shall set out the national That Linda Gilroy be discharged from the South West Regional context for dentistry. I certainly share my hon. Friend’s Select Committee and Roger Berry be added.—(Mr. Nicholas view that children throughout the country should regularly Brown.) be using toothbrushes and toothpaste well before they are six years old. Children should be taught at an early Hon. Members: Object. age how to clean their teeth, and I hope that we can reach a level of improved dental care. 613 Dentistry (Nottingham, North)16 OCTOBER 2009 Dentistry (Nottingham, North) 614

[Mr. Mike O’Brien] that in Nottingham. My hon. Friend may be interested to know that the North West Public Health Observatory We have increased spending on dentistry; it was up will publish the latest figures, for 2007-08, next week. 11 per cent. in 2008-09 and 8.5 per cent. this year. Apart from rates of tooth decay, what are the differences Funding is running at a record £2.25 billion, net of between Sandwell and Nottingham? For a start, fluoride patient charges. Since 2004, funding for dentistry has is added to Sandwell’s water supply to bring it up to the gone up by 70 per cent., which is an additional 1 part per million level at which it can help to protect £900 million. people’s teeth. I realise that fluoridation is controversial, As a result of the increased investment that we have which is why no new schemes can be introduced until a made since then, 850 dental students are expected to strategic health authority has consulted the local population, graduate next summer—an increase of 25 per cent. As but it offers one way of reducing inequalities in oral part of our expansion programme, two new dental health which does not require individual parents and schools opened in 2007, in the south-west and in central families to take action, because fluoride is in the water Lancashire, thereby reversing the Conservative closure supply. of two dental schools in 1991. The number of dentists In addition to population-wide measures such as working in the NHS rose last year by 528, on top of an fluoridation, dentists and members of their team can increase of 655 in the previous year. More dentists in intervene to improve oral health. For example, we have the NHS meant that last year an extra 1.4 million developed the Brushing for Life scheme, which targets courses of treatment were delivered. young children in areas with the highest levels of tooth We believe that the best decisions are made as close to decay. When their families visit child health clinics or those affected by them as possible, so in 2006, in line Sure Start centres, they get a free pack of fluoride with the rest of the health service, we reformed NHS toothpaste, a toothbrush and a leaflet containing advice dentistry. The new system gave power to primary care on oral hygiene. Many such interventions will take place trusts to commission the right dentistry services for before children are six years old, and we need to ensure their communities. PCTs have provided incentives to that at an early age they are able to get the benefits of encourage prevention and improve quality, but in some fluoride toothpaste, a toothbrush and an explanation of areas—I suspect Nottingham is among them—progress the best way to protect their teeth and ensure that their has been slow and sometimes much too patchy, so in full adult set of teeth is healthy. Parents or carers are December 2008, the then Secretary of State asked Professor also given a demonstration of how to brush their children’s Jimmy Steele to conduct a review of the new contract, teeth, or of how to teach their children how to brush and that was published in June. I am delighted that the their teeth—obviously far better. review has joined the Select Committee on Health in In June last year, Nottingham city primary care trust supporting the principle of local commissioning and started the City Smiles programme to combat poor oral providing a firm basis for the future of NHS dentistry. health in children. Its main objectives were to reduce The review also showed the range of services that are tooth decay; to ensure that children received appropriate needed; that different generations need different types dental care; and to increase knowledge about oral health. of dental care; that simply drilling and filling is no The three principal messages were to improve diet, for longer acceptable; that we need to improve oral health; example, by limiting sugars to meal times; to improve and that preventing decay and disease must become a oral hygiene habits, for example, by brushing teeth twice real priority for NHS dentistry. We wholeheartedly a day; and to promote better access to dental care so welcome Professor Steele’s review, and we will rigorously that children saw a dentist at least once a year. Those test its recommendations in a series of pilots throughout messages are being given to all pregnant women and England over the coming months. I am very pleased pre-school and school-age children in the Nottingham that the British Dental Association, patient groups and area. other stakeholders have welcomed the review. In similar places to those where Brushing for Life In the years since the foundation of the NHS, we applies, families with young children are given the have seen substantial improvements in our dental health. opportunity to have their children’s teeth treated with Half of adults in 1948 had no teeth at all; now, we are fluoride varnish, as recommended by the Department about to carry out the latest national adult dental of Health. Then, because the varnish needs to be reapplied health survey and we expect the figure to have fallen to at six-monthly intervals, the families are advised about about 6 per cent. Whereas 35 years ago more than how they can access a high street dentist for their 90 per cent. of all 12-year-olds in England had tooth continuing dental care needs. That provides the initial decay, today the figure is less than 40 per cent. We are contact with a dentist that some families need to ensure making substantial improvements, and it is arguable that they are subsequently in regular contact. that our children have the lowest rate of tooth decay in The regular application of fluoride varnish is one of Europe and are comparable with the best in the world, the most effective ways in which to deal with dental including countries such as America. health and prevent future dental problems. Where that The association between social deprivation and tooth has happened, it has reduced tooth decay in young decay is clear, and we know that the link can be broken. children’s primary or milk teeth by a third, and by 46 Sandwell in the west midlands has only a slightly better per cent. in adult, permanent teeth. We know that if socio-economic profile than Nottingham city; however, children have healthy milk teeth, the chances are that according to the most recent British Association for the they will have healthy adult teeth. If they have decayed Study of Community Dentistry survey of dental decay milk teeth, that may well lead to problems with their in the milk teeth of five-year-old children, from 2005-06 adult teeth. Getting to children early—certainly well the average number of decayed, missing and filled teeth before they are six—is an important part of improving among such children in Sandwell was about one third of oral health in this country. 615 Dentistry (Nottingham, North)16 OCTOBER 2009 Dentistry (Nottingham, North) 616

Mr. Allen: Does the Minister agree that early intervention been assured that it is carefully monitoring the situation. is the key? If a child is registered with a dentist, that I think that it needs to do a bit more than that and to be dentist can call the child in for a pain-free experience of proactive in dealing with the situation. understanding how the surgery works, and how to The PCT has, however, conducted extensive research brush and look after teeth, well before the fear sets in and consultation, including through focus groups and and the feeling of, “Whenever I go to the dentist, it’s questionnaires, to understand why people in Nottingham going to be a painful experience.” are not going to the dentist and to find out which services they would use. As a result of the consultation, Mr. O’Brien: I was going to come to registration, but the PCT is opening two new dental practices, in Bulwell given that my hon. Friend has raised it, let me deal with and Bilborough, with a mobile dental service to work it now. There is a demand from some dentists to reintroduce flexibly across the city. In addition, it will be initiating a registration. If we look back at the history of that, targeted communications campaign to promote uptake dentists when my hon. Friend and I were young did not of dental services. Those initiatives will be backed by have registration as it existed after 1990, when dentists increased funding for dental services in Nottingham were paid to keep a register. That practice was ended, City, with £16.2 million allocated for the current financial mainly because it did not seem to make much of a year. difference. Before 1990, and by and large—though not The expanded national dental access programme is in all cases—since then, dentists have kept a list of helping Nottingham City PCT to implement its dental patients. That enables dentists to keep their customers— strategy. The programme, led by Dr. Mike Warburton, dentistry is a business, albeit contracted to the NHS. It supports the NHS to expand dental services rapidly enables them to keep in contact with their customers—their where they are needed. It will work closely with Professor patients—and ensure that they send regular notices to Jimmy Steele’s independent review of NHS dentistry. those patients to get them to come in for check-ups. Professor Steele’s review is helping us to understand Then the dentists can make the appropriate claim under how dentists can deliver consistently high quality care the NHS dentistry contract. while providing the right level of preventive work, as Whether we should pay dentists for doing what the well as looking at how we can go further to reduce vast majority currently do without payment is debated. inequalities in oral health. Some people say that we should reintroduce registration, The core of our dentistry reforms—that the dental which would mean that dentists were paid a fee for budget is held locally and that PCTs commission dentists doing what most of them already do, because some directly to deliver NHS care—is here to stay. We need to dentists do not keep a list. It appears, though, that the ensure that PCTs such as Nottingham City increase the vast majority still do, and the evidence suggests that the work that they are doing to ensure that we get much numbers on the lists are similar to those when people more effective responses regarding dental care. were registered. It is difficult, because we do not have Demonstrating that and echoing the national picture, regular records, to be entirely sure about how many the number of dentists in Nottingham City PCT increased keep a full and proper list. from 138 in March 2007 to 143 in March 2009. Of course, because it is in some sense voluntary to do The NHS is confident that it can achieve its aim of so, dentists who are anxious to run an efficient business delivering access to a dentist for all who seek it within for their patients keep in regular contact with them, but the next 18 months. We strongly welcome the level of those who are less efficient or who have enough patients commitment from SHAs and PCTs to tackle dental without lists may well not do so. However, I am not access while we have that ambitious time frame in place. convinced at the moment that reintroducing a system of It is going to take quite a lot of work to ensure that we registration would be the best way of using NHS funding. hit the targets; we do not underestimate the challenge. We will look at the evidence—my mind is not entirely The problems of access are considerable and they have closed on the matter. The position is that the vast grown over time, so they will not be turned around majority of dentists try to keep in contact with their overnight or without significant effort. I assure my hon. patients, which is how they generate income under the Friend that the NHS in general and Nottingham City NHS contracts. PCT in particular are committed to improving oral Nottingham City PCT has been paying dentists to health and that the development of dental services in apply fluoride varnish to children, in line with Department Nottingham is an integral part of the PCT’s priorities of Health guidance. There is a great deal more that we for local health services. can do to prevent tooth decay in communities, but I My hon. Friend raised a couple of other issues. First, accept that we also need to improve access to dental he asked about an annual adult and child check for practices. As I said, access to NHS dentistry is already tooth decay and other oral health issues. He will know improving across the country. A recent Which? survey that there used to be a system of annual checks of published in June showed that nine out of 10 people children’s teeth, which was done by the school dentist. It who tried to find an NHS dentist in the past two years cost some £17 million, but an independent review found were able to get one, but we need to go further to ensure that it did not have any effect on improving oral health that every person who wants an NHS dentist can have in deprived areas. What happened was that children one. The 10 SHAs in England, with the 152 PCTs, have would be looked at by the school dentist and be told set themselves the task of delivering access for all who that they had some decay, but they would not be taken seek it by March 2011. to the dentist. That is a problem, because it is in In the year to June 2009, just over 64 per cent. of deprived areas in particular that we need to ensure that people in the Nottingham PCT area saw a dentist. we improve oral health. The question is what is the best Unfortunately, that figure represents a fall on preceding way to spend that £17 million. The view is that a better years. Nottingham City PCT is aware of that. We have approach is to target areas of significant deprivation 617 Dentistry (Nottingham, North)16 OCTOBER 2009 Dentistry (Nottingham, North) 618

[Mr. Mike O’Brien] contract by which we reward dental practices in a vast variety of ways. One of the problems with the old and ensure that effective resources are put into a real contract was its complexity, so we have tried to simplify programme to teach children and adults about the it. We now need to examine the results of the independent importance of dental health. review carried out by the team led by Jimmy Steele, and The British Dental Association has considered whether to ensure that the proposals in the document are considered we should have children’s dentists, and it takes the view carefully and properly piloted. If the pilots show that that that is not the best way to spend such resources. We they are the best way of making changes, we should have acted on independent advice, but I hear what my implement them as soon as possible. hon. Friend says and, in principle, the idea that both Nottingham City PCT and East Midlands SHA are adults and children should have an annual check for committed to ensuring improved oral health for the decay or any other problems is a good one. I shall residents of Nottingham and to improving NHS dental discuss it with my hon. Friend the Under-Secretary of services in the area. The increasing number of dentists State for Health, who has responsibility for dental demonstrates a real commitment. I applaud my hon. service issues. Friend’s presence today, despite his operation just a My hon. Friend the Member for Nottingham, North couple of days ago. It demonstrates his level of commitment also talked about the 2006 contract and how it has to, and determination to serve, his constituents. His developed. Professor Steele’s review of that contract is contribution today might have been painful for him, but important and bears close examination. Issues did arise I hope that it will at least prove worth while in raising with the contract. It was not piloted, and we have the concerns of parents and children in Nottingham lessons to learn from that. Indeed, in looking at Professor about the future of children’s oral health. Steele’s review we have decided that we do need to pilot Question put and agreed to. his proposals so that we have a process for the introduction of changes to the contract that is broadly acceptable to dentists, the Government and the taxpayer. That process 3.5 pm will also ensure that we do not create an over-complex House adjourned. 41WS Written Ministerial Statements16 OCTOBER 2009 Written Ministerial Statements 42WS

already proposed following extensive stakeholder consultation, Written Ministerial as well as any findings from the investigatory work we will carry out. CLG is due to commence an evaluation of part E of Statements the Building Regulations later this year. This is the first stage of a full review of part E that could lead to revised Friday 16 October 2009 regulations and guidance in 2013. The NDCS will be asked to contribute to this process and my Department will be fully involved on any aspects relating to schools to ensure consistency with my Department’s guidance. CHILDREN, SCHOOLS AND FAMILIES Finally, in the light of the major study that the NDCS has undertaken into recent testing in schools, I have asked DCSF officials to work with CLG officials Auditory Standards for School Buildings to examine the implications of introducing mandatory acoustic testing in all new schools. I have asked for this The Minister for Schools and Learners (Mr. Vernon advice by June 2010. Depending on the outcome of this Coaker): Good acoustics are essential to a successful work, it would be our intention to issue a formal learning environment for all children, particularly for consultation on the question of mandatory testing. those with special hearing requirements, and my My officials will place details of these proposals on Department works hard to achieve this, in partnership teachernet. with other Government Departments such as Communities and Local Government and with the National Deaf Children’s Society (NDCS). I should place on record my appreciation to the NDCS for their commitment to HEALTH breaking down the barriers faced by deaf children. To continue our drive for improvement, I am announcing a package of measures designed to ensure that school buildings have good acoustics and that the needs of Pandemic Influenza those with special hearing requirements are met. My Department and Communities and Local Government are taking a number of actions to improve The Minister of State, Department of Health (Gillian acoustics in schools. These include: Merron): The Government’s response to the House of Lords Science and Technology Committee Report on Partnerships for Schools (PFS) will ensure, through the Approvals Process, that all future funding for Building Schools for the Pandemic Influenza has today been laid before Parliament Future (BSF) schools will not be approved without contractual (Cm 7722). commitment to meeting appropriate standards through acoustic The Committee’s report was published on 28 July of test certification. this year. The report highlights a range of issues relating In local authorities where schools have already been constructed with BSF funding, a certificate of compliance with acoustic to pandemic influenza planning in general and to the standards for the most recently funded school, or plan Government’s response to the current swine flu pandemic. demonstrating how that will be achieved, will be required The report focuses on: before further funding is released to that LA. “end-to-end” testing of planning, particularly in the NHS; My Department will publish a design practice note for clients the design and capacity of the National Pandemic Flu Service ; by December 2010, emphasising the importance of good acoustics, including a strong recommendation for testing and reminding critical care capacity in the NHS; them of funding conditions under the BSF programme that I support for health and social care workers during a pandemic; set out earlier in this statement. communications to the public and healthcare workers; and My Department and CLG will write jointly to every building vaccine supply and distribution. control body (BCB) in England and Wales, reminding them of the importance of acoustics in all schools, including primary The Government response addresses the points raised schools, especially for pupils with impaired hearing. We will by the Committee individually, setting out the work and also remind Building Control Bodies that where acoustic testing planning undertaken prior to the outbreak of swine flu is being carried out to satisfy requirements to secure funding, and the reasoning behind the various stages of the they should use this data to assess compliance with the regulations. response to the pandemic. Where proposals are being considered to adopt alternative performance standards to those set out in Building Bulletin 93, Our response clearly demonstrates that United Kingdom we will also ask BCBs to alert applicants to the latest guidance planning prior to the swine flu pandemic made the UK on acoustics and ask them not to approve alternative performance one of the best-prepared countries in the world, a fact standards unless a full and proper case has been made in widely recognised in the international community. With accordance with Building Bulletin 93. one of the largest stockpiles of antivirals in the world In addition, my Department will: and every NHS organisation with a pandemic contingency Produce an evaluation of the acoustic environment of up to 10 plan in place, we were in a very strong position to face schools and disseminate the lessons learnt by March 2010; and the threat of swine flu when it emerged earlier this year. Widen the scope of our Spaces for Personalised Learning Our response to the Committee’s report also testifies project to include a detailed consideration of acoustics in innovative learning spaces with immediate effect. to the tremendous work that has been done since the Go out to public consultation during 2010 on an updated outbreak of swine flu—at the front line and behind the version of “Building Bulletin 93: Acoustic design of Schools: scenes—in trying to limit the spread of the initial wave A Design Guide”, the key document for ensuring good acoustic of infection and in preparing ourselves for a second standards in schools. This will take on board improvements wave this autumn or winter. On behalf of the Government, 43WS Written Ministerial Statements16 OCTOBER 2009 Written Ministerial Statements 44WS

I would like to thank all those involved in helping to in Homes and Electrical Equipment in Homes”published mitigate our worst fears, which a pandemic inevitably in 2007. SAGE is a group of stakeholders representing brings. sectors engaged with electricity transmission, regulation, property valuation, academic research and public concern The staff of the national health service, Health Protection campaigning. The remit of SAGE is to explore the Agency, the devolved Administrations and Government implications for a precautionary approach to extremely Departments, in collaboration with those from many low frequency electric and magnetic fields (ELF EMF) other organisations, responded tremendously to a very and to make practical recommendations to Government. difficult situation. We were able to limit the spread of This first assessment considered two sources of EMF: the virus from the initial cases entering the UK and high voltage overhead power lines and electrical wiring cope with very significant levels of infection in some and equipment inside the home. SAGE is jointly funded areas during the initial wave. by the Department of Health, the National Grid Company, We now have further stockpiles of antivirals and the Energy Networks Association and the charity Children antibiotics and we have tested the resilience of NHS with Leukaemia. planning in exercise peak practice. We are also beginning to receive the first batches of a new swine flu vaccine, SAGE made recommendations for relatively low-cost which will be given initially to those most at risk and to and proportionate action in four key areas. The Government health and social care workers, in order to minimise the have decided to take forward these measures proposed potential harm that the virus could still cause. This is a by SAGE on: very significant development and one that the Government i. optimal phasing of high voltage overhead power lines; greatly welcome. ii. electrical appliances in homes; I would like to take this opportunity to express the iii. household wiring practices; and Government’s thanks to the House of Lords Science iv. the provision of advice to the public on ELF EMF. and Technology Committee for its work on this subject. SAGE also put forward an option to introduce a Scrutiny by such a distinguished group of experts has moratorium on building new homes and schools near been a valuable part of the development of our policy. high voltage power lines and new high voltage power lines near homes and schools. However, SAGE’s cost Extremely Low Frequency Electromagnetic Fields benefit analysis does not support this option. The Government therefore consider this option to be disproportionate given the evidence base on the potential The Minister of State, Department of Health (Gillian health risks arising from exposure to ELF EMF and Merron): I am making this statement on behalf of my has no plans to take it forward. hon. Friends, the Minister of State for the Department The Department for Communities and Local of Energy and Climate Change ,Lord Hunt of Kings Government will take forward recommendations relating Heath, and the Parliamentary Under-Secretary of State to planning, buildings and house wiring. The Department for the Communities and Local Government, my hon. of Energy and Climate Change will take forward Friend the Member for Dudley North (Mr. Austin) and recommendations on high voltage electricity transmission. myself. The Department of Health will take forward provision Today, we have placed in the Library the Government of health protection information about electromagnetic response to the “Stakeholder Advisory Group on Extremely fields and support of health risk research. Low Frequency Electromagnetic Fields (SAGE) First Copies of the Government’s response are available to Interim Assessment: Power Lines and Property, Wiring hon. Members from the Vote Office. 1097W Written Answers16 OCTOBER 2009 Written Answers 1098W

Mr. McFadden: The current size of the accounting Written Answers to deficit as reported in the Royal Mail’s 2008-09 report and accounts is £6.8 billion. The last formal actuarial Questions valuation of the pension deficit was given as £3.4 billion in March 2006. The trustees are undertaking the next triennial actuarial valuation, which started in March Friday 16 October 2009 2009 and will need to finish by June 2010. The following table shows both accounting and actuarial pension deficit values since March 2003, which is when the scheme first fell into deficit. BUSINESS, INNOVATION AND SKILLS Funding of the pension scheme remains an operational matter between Royal Mail and the trustees. Employment Agencies: EU Law Royal Mail pension deficit figures since financial year 2002-03 Mr. Djanogly: To ask the Minister of State, Department £ billion for Business, Innovation and Skills what recent meetings Financial year Accounting deficit Actuarial deficit have taken place between his Department and 2002-03 4.7 2.5 representatives of the Trades Union Congress on the 2003-04 4.4 — EU Agency Workers Directive. [292177] 2004-05 4.0 — 2005-06 5.6 3.4 Mr. McFadden [holding answer 15 October 2009]: 2006-07 5.0 — Since October 2008, when the EU Agency Workers 2007-08 2.9 — Directive was agreed, my officials have met a wide range 2008-09 6.8 — of organisations to discuss implementation of the Directive. Note: This includes National consultation events held in London Figures are rounded to the nearest £100 million and the regions as part of the public consultation exercise held between 8 May and 31 July 2009. Officials have also had a number of bilateral discussions with representatives of not only the Trades Union Congress CABINET OFFICE but also organisations representing hirers and agencies to explore specific issues arising from the consultation Civil Service: Manpower paper in more detail. Royal Mail: Industrial Disputes Mr. Hurd: To ask the Minister for the Cabinet Office how many full-time equivalent staff were employed in Mr. Willis: To ask the Minister of State, Department each department and agency of the Civil Service in for Business, Innovation and Skills what discussions 1996-97. [290136] he has had on the terms of proposals put by the Communication Workers Union to Royal Mail on Angela E. Smith: The information requested falls 13 October 2009 on the postal services dispute; and if within the responsibility of the UK Statistics Authority. he will make a statement. [293843] I have asked the Authority to reply. Letter from Jil Matheson, dated October 2009: Mr. McFadden: Ministers have met with both parties over the past weeks to listen to their views and to As National Statistician I have been asked to reply to your recent Parliamentary Question concerning how many full-time encourage dialogue but have made it very clear that equivalent staff were employed in each department and agency of strikes are not the way to resolve differences or safeguard the Civil Service in 1996-97. (290136) the future of our postal service. It is for Royal Mail’s The number of full-time equivalent staff employed by each management and the union to resolve the dispute through government department and agency in 1996-7 has been published talks. by Cabinet Office and is available in hardcopy from the House of Commons Library. Mr. Willis: To ask the Minister of State, Department An online edition of Civil Service Statistics 1997 is available at: for Business, Innovation and Skills what steps his Department is taking to resolve the industrial dispute http://www.civilservice.gov.uk/Assets/css97_tcm6-2540.pdf affecting Royal Mail. [293844] Cybercrime Mr. McFadden: I have remained in close contact with the unions and Royal Mail management throughout Mr. Blunt: To ask the Minister for the Cabinet Office this dispute. Our message to them has been clear —strikes what procedures the Government have in place to are not the way to resolve differences or safeguard the respond to a cyber attack against (a) Government future of our postal services and we urge them to networks and (b) the networks of private companies resolve all issues through dialogue. comprising UK critical national infrastructure; and if Royal Mail: Pensions she will make a statement. [292497]

Mr. Gordon Prentice: To ask the Minister of State, Tessa Jowell: Her Majesty’s Government have a wide Department for Business, Innovation and Skills what ranging set of measures in place to protect the United the size of the Royal Mail pension fund deficit is; what Kingdom from all forms of electronic attack including it has been in each year since 2000; and if he will make cyber-terrorism and cyber crime, and to respond a statement. [293539] appropriately. 1099W Written Answers16 OCTOBER 2009 Written Answers 1100W

These measures include: CPNI facilitates regular forums with private and The establishment in September of the Office of Cyber Security public sector organisations, including research bodies, (OCS) and the Cyber Security Operations Centre (CSOC), to during which electronic security issues and any appropriate direct and coordinate the new national cyber security strategy. mitigating measures are discussed. These meetings are CPNI, Centre for the Protection of National Infrastructure, held under agreed confidentiality rules among participants. provides advice on electronic or cyber protective security measures General, non-classified protective advice and best to the businesses and organisations that comprise the UK’s practice about countering the threat from cyber attacks critical national infrastructure, including public utilities companies is also provided on the CPNI website. and banks. It also runs CSIRTUK, the Combined Security Incident Response Team (UK) which advises partners in industry who operate elements of the national infrastructure, how to manage the response to incidents. CHILDREN, SCHOOLS AND FAMILIES GovCertUK, part of GCHQ, works closely with CSIRTUK; it provides warnings, alerts and assistance in resolving serious IT Centre for Excellence and Outcomes in Children and incidents for the public sector. Young People’s Services When GovCertUK becomes aware of an incident it provides the affected Department (usually through its IT Security Officer) Tim Loughton: To ask the Secretary of State for with all the available information and offers relevant advice to Children, Schools and Families how much has been help resolve the situation. On occasion, and as necessary, GovCertUK spent on the Centre for Excellence and Outcomes in also provides on-site support to affected departments. Children and YoungPeople’s Services in each year since CESG, also part of GCHQ, provides government departments its creation; and what the projected spending on the with advice and guidance on how to protect against, detect and centre is in each of the next five years. [293544] mitigate various types of cyber attack. Dawn Primarolo: The Centre for Excellence and In addition: Outcomes in Children and Young People’s Services was All Government Departments have access to the Government created in 2008-09 and spent £2.783 million. Projected Secure Intranet (GSi) which securely connects around 200 Government spending is currently £5.573 million for 2009-10 and Departments and Agencies. £5.466 million for 2010-11. The grant expires on The Government’s Data Handling Review published in June 31 March 2011. 2008 mandated a number of minimum data security measures for HMG such as penetration testing of Government IT systems. Children: Databases

Mr. Blunt: To ask the Minister for the Cabinet Office Tim Loughton: To ask the Secretary of State for what steps the Government are taking to achieve Children, Schools and Families what the projected cost common standards of cyber security between EU is of the annual review of ContactPoint in 2009-10. member states; and if she will make a statement. [293377] [292498] Dawn Primarolo: ContactPoint security arrangements are under a continuous review and its full security Tessa Jowell: The Government are working closely accreditation will be validated annually. The current with the Commission, other European member states projected cost of the annual security penetration test is and ENISA (the European Network and Information £50,000, which will be met from within the overall Security Agency) to increase levels of security and £44 million annual operating budget for ContactPoint. resilience in the communications sector at many different levels. This includes collaborative efforts aimed at increasing Class Sizes European cooperation on policy to enhance cyber security, such as developing European priorities, principles and Mr. Laws: To ask the Secretary of State for Children, guidelines on long-term internet resilience and stability. Schools and Families how many (a) infant, (b) (c) The Government also takes an active part in major primary and secondary classes in each local standards bodies (including ETSI—the European authority area have at least 30 pupils; and if he will Telecommunications Standards Institute), organisations make a statement. [277513] and discussions concerned with ICT standards, to ensure Ms Diana R. Johnson: Class size information for 2009 that processes are in place to create an effective standards can be found at: regime in this area. http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000843/ index.shtml Mr. Blunt: To ask the Minister for the Cabinet Office The latest available information can be found in the whether the Government has a framework in place to following table. Class size legislation allows for classes share cyber incident event data with (a) the private of up to 30. Our usual measure of large classes is 31 or sector and (b) relevant research institutions; and if she more pupils. will make a statement. [292499] Classes as Taught1: Number of classes with 30 pupils2 or more by local authority area, position in January 2008 (Final), England Tessa Jowell: CPNI, the Centre for the Protection of Maintained State-funded the National Infrastructure, runs the Combined Security Key Stage primary secondary Incident Response Team (CSIRTUK) a service that 1 classes3 school4 classes school4, 5 classes provides advice for the private sector on managing England 14,170 42,180 18,250 responses to electronic incidents.

Details of security incidents reported to CPNI are City of xx 0 treated in the strictest confidence. London 1101W Written Answers16 OCTOBER 2009 Written Answers 1102W

Classes as Taught1: Number of classes with 30 pupils2 or more by local Classes as Taught1: Number of classes with 30 pupils2 or more by local authority area, position in January 2008 (Final), England authority area, position in January 2008 (Final), England Maintained State-funded Maintained State-funded Key Stage primary secondary Key Stage primary secondary 1 classes3 school4 classes school4, 5 classes 1 classes3 school4 classes school4, 5 classes

Camden 50 110 10 Barnsley 30 160 70 Greenwich 60 170 70 Doncaster 50 190 90 Hackney 70 130 40 Rotherham 50 200 70 Hammersmith 60 100 40 Sheffield 160 500 180 and Fulham Bradford 310 650 150 Islington 40 90 50 Calderdale 60 170 100 Kensington 20 50 20 Kirklees 100 340 120 and Chelsea Leeds 180 550 240 Lambeth 90 190 40 Wakefield 50 240 180 Lewisham 100 180 40 Gateshead 30 110 70 Southwark 60 130 40 Newcastle 90 200 110 Tower 110 220 50 upon Tyne Hamlets North 40 120 90 Wandsworth 80 150 60 Tyneside Westminster 40 70 20 South 30 100 30 Barking and 50 140 50 Tyneside Dagenham Sunderland 40 130 70 Barnet 160 370 80 Isles of Scilly 0 0 0 Bexley 110 310 160 Bath and 40 130 100 Brent 160 350 80 North East Bromley 150 380 130 Somerset Croydon 190 430 100 Bristol, City 130 280 60 of Ealing 180 350 90 North 70 220 100 Enfield 200 460 100 Somerset Haringey 120 250 10 South 60 210 120 Harrow 100 230 30 Gloucestershire Havering 80 260 90 Hartlepool 10 70 30 Hillingdon 90 230 80 Middlesbrough 10 60 20 Hounslow 110 220 90 Redcar and 20 70 40 Kingston 80 170 60 Cleveland upon Thames Stockton-on- 30 130 60 Merton 70 130 40 Tees Newham 100 220 110 Kingston 50 190 90 Redbridge 200 490 130 Upon Hull, City of Richmond 100 160 30 upon Thames East Riding 40 190 150 of Yorkshire Sutton 90 250 100 North East 20 100 70 Waltham 130 280 80 Lincolnshire Forest North 30 130 80 Birmingham 570 1,360 300 Lincolnshire Coventry 110 270 100 North 60 290 180 Dudley 60 200 120 Yorkshire Sandwell 120 310 100 York 30 100 50 Solihull 80 230 90 Bedfordshire 70 140 210 Walsall 100 260 70 Luton 110 240 70 Wolverhampton 50 170 60 Buckinghamshire 150 410 250 Knowsley 50 140 30 Milton 60 180 100 Liverpool 80 230 130 Keynes St Helens 50 170 70 Derbyshire 140 580 310 Sefton 80 240 130 Derby 60 220 70 Wirral 40 180 80 Dorset 90 270 190 Bolton 110 330 90 Poole 60 150 40 Bury 30 150 70 Bournemouth 70 170 60 Manchester 140 390 100 Durham 50 300 180 Oldham 90 290 70 Darlington 40 120 50 Rochdale 60 210 80 East Sussex 130 500 170 Salford 50 170 40 Brighton and 130 300 80 Stockport 60 230 80 Hove Tameside 70 190 90 Hampshire 380 1,180 420 Trafford 80 270 80 Portsmouth 60 170 40 Wigan 90 290 100 Southampton 70 200 40 1103W Written Answers16 OCTOBER 2009 Written Answers 1104W

Classes as Taught1: Number of classes with 30 pupils2 or more by local Classes as Taught1: Number of classes with 30 pupils2 or more by local authority area, position in January 2008 (Final), England authority area, position in January 2008 (Final), England Maintained State-funded Maintained State-funded Key Stage primary secondary Key Stage primary secondary 1 classes3 school4 classes school4, 5 classes 1 classes3 school4 classes school4, 5 classes

Leicestershire 110 420 250 West Sussex 220 710 270 1 Leicester 70 210 120 Includes CTCS and Academies. 2 This table is based on classes of 30 pupils or more, the normal Rutland 10 20 10 measure is 31 pupils or more. Staffordshire 150 510 330 3 One teacher classes as taught during a single selected period in each school on the day of the census in January. Stoke-on- 70 170 80 4 Trent Includes middle schools as deemed. 5 Includes children in reception and key stage 1 classes. Wiltshire 80 320 160 Note: Swindon 60 160 90 Totals may not appear to equal the sum of the component parts because numbers have been rounded to the nearest 10. Bracknell 30 90 40 Source: Forest School Census Windsor and 20 100 50 Maidenhead West 40 120 50 Departmental Public Expenditure Berkshire Reading 40 100 30 Tim Loughton: To ask the Secretary of State for Slough 90 180 50 Children, Schools and Families pursuant to the answer Wokingham 40 150 50 to the hon. Member for Surrey Heath of 9 September Cambridgeshire 130 490 230 2009, Official Report, columns 1937-8W, on schools: Peterborough 70 170 60 finance, which individual programmes are included in Cheshire 120 470 270 the category Positive Activities for Young People Halton 20 60 30 Programmes; and how much funding has been allocated to each such programme. [293269] Warrington 60 180 110 Devon 110 500 260 Ms Diana R. Johnson [holding answer 15 October Plymouth 70 240 120 2009]: In the reply given on 9 September 2009, Official Torbay 40 130 50 Report, column 1936W, by the Parliamentary Under- Essex 350 1,140 600 Secretary of State for Schools, we offered a figure of Southend-on- 60 180 70 £94 million for the expenditure in 2010-11. Sea The Positive Activities for Young People Programme Thurrock 40 140 80 is now a single programme which is paid to local Herefordshire 20 80 80 authorities as part of their Area Based Grant. Worcestershire 110 300 260 Kent 500 1,380 570 Medway 50 200 60 Pupil Exclusions: Disadvantaged Lancashire 210 920 480 Blackburn 50 160 70 Michael Gove: To ask the Secretary of State for with Darwen Children, Schools and Families what the rate of permanent Blackpool 50 170 50 exclusion from school was in each income deprivation Nottinghamshire 160 580 310 affecting children index decile of deprivation in the last Nottingham 50 180 40 year for which figures are available. [293608] Shropshire 40 220 100 Dawn Primarolo: Information on the rate of permanent Telford and 40 170 60 Wrekin exclusion in each income deprivation affecting children index decile of deprivation, according to the location of Cornwall 80 410 180 the school, is shown in the table. Cumbria 70 280 230 Primary, secondary and special schools1,2,3 rate of permanent exclusion Gloucestershire 140 470 260 by level of deprivation of school4, England—2007-08 (estimates)5 Hertfordshire 420 1,140 490 Level of deprivation of school 4 5,6 Isle of Wight 10 40 70 based on IDACI (percentage) Rate of permanent exclusion Lincolnshire 100 500 260 0-10 most deprived 0.12 Norfolk 100 480 250 10-20 0.13 Northamptonshire 170 520 210 20-30 0.14 Northumberland 40 110 220 30-40 0.11 40-50 0.12 Oxfordshire 110 380 180 50-60 0.10 Somerset 90 360 240 60-70 0.09 Suffolk 70 260 200 70-80 0.09 Surrey 420 1,030 500 80-90 0.08 Warwickshire 130 470 210 90-100 least deprived 0.09 1105W Written Answers16 OCTOBER 2009 Written Answers 1106W

Primary, secondary and special schools1,2,3 rate of permanent exclusion Dawn Primarolo [holding answer 21 July 2009]: The by level of deprivation of school4, England—2007-08 (estimates)5 hon. Member will have received a copy of the Secretary Level of deprivation of school of State’s letter of 31 July, which addresses all the 4 5,6 based on IDACI (percentage) Rate of permanent exclusion points raised in this parliamentary question. I attach a Total for all schools 0.11 copy for ease of reference. 1 Includes middle schools as deemed. Letter from Ed Balls, dated 31 July 2009: 2 Includes city technology colleges and academies (including all-through academies). The new Vetting and Barring scheme as it applies to Members of 3 Includes maintained and non-maintained special schools. Excludes Parliament and schools general hospital schools. 4 I am writing to all Members of Parliament (MPs) representing 2007 Income Deprivation Affecting Children Index at Super Output constituencies in England and Wales about the new Vetting and Area level based on the location of the school. Barring Scheme (VBS), with a courtesy copy to MPs representing 5 Figures relating to permanent exclusions are estimates based on incomplete pupil-level data. constituencies in Scotland and Northern Ireland. 6 The number of permanent exclusions in each IDACI band as a Following recent questions in the House, which were prompted percentage of the number (headcount) of all pupils (excluding dually by some misleading media coverage, I want to make clear how the registered pupils) in January 2008. VBS will operate and, in particular, how it will apply to MPs Source: when they work for schools, but not when they make visits to School Census schools without working for those schools. (The same principles would also apply in relation to work for children’s centres.) Schools: Standards As you may be aware the VBS is being introduced in response to a recommendation from the independent Bichard Inquiry, Tim Loughton: To ask the Secretary of State for established following the Soham murders by school caretaker Ian Children, Schools and Families pursuant to the answer Huntley. Sir Michael Bichard’s Inquiry into these tragic events of 24 June 2009, Official Report, column 996W, on found that there was more we could reasonably do so that people schools: standards, what the estimated cost of who have already shown they pose a threat to children are prevented from taking up positions in schools. The VBS is designed collecting the information would be; which data to achieve precisely this in relation to schools. protection rules would be contravened by collecting it; on what basis the estimate of £90 million was made; All new entrants to the schools workforce will have to register how much of the £90 million was paid by his under the VBS from November 2010. For those who were already doing such work before November 2010, starting with those who Department; and from which budgetary headings the have never been subject to CRB checks, we will phase in registration money came. [293542] between 2011 and 2015. In the schools context, people who are not members of the Dawn Primarolo: We do not hold the information on schools workforce will be required to register with the VBS for each individual adviser or their cost for 2008-09. We one of only two reasons. The first reason is because they frequently estimate that the cost of collecting this would exceed work for a particular school or schools. Conversely, someone who the cost threshold of £750 applicable to central Government. just visits schools, for example to watch a school play or attend a Furthermore, to provide information on individual advisers prize-giving, to meet the head teacher or to observe a lesson in a would infringe the rights of an individual’s personal classroom, will not have to register under the VBS. information and therefore be in breach of the Data MPs will therefore not have to register with the VBS in the Protection Act 1998. course of their normal duties such as visits to schools or children’s centres in their constituencies. The only circumstances in which The estimate of £90 million was derived from information they would have to register are if, for example, an MP has collected through the Department’s review of its field arranged to go into schools to, say, teach politics to groups of forces in 2008. It is difficult to provide a precise breakdown pupils once a month for several successive months, as this means of expenditure on each of the field forces, since they are they would be classed as working for schools. Anyone doing this delivered through a range of mechanisms—some are as paid work would have to pay a one-off charge of £64 to register directly contracted (so the cost of advisers is incorporated under the VBS, but if an MP is doing this as a volunteer the £64 within a larger contract), some are located in Government fee would not apply. Offices as secondees, and some are employed directly by The second and only other situation, in the schools context, in DCSF or its NDPBs. The £90 million includes some which people who are not members of the school and children’s funding from other Government Departments in the workforce will have to register with the VBS is by virtue of the delivery of improvement support where there is shared particular post and decision-making powers they hold. For this reason some local councillors and council officers will be required policy interest. It is difficult to disaggregate the proportion to register, including all Lead Members for Children and Directors paid by this Department. of Children’s Services. On this basis, I and my DCSF ministerial The Department’s contribution forms a proportion team plan to register with the Independent Safeguarding Authority of its allocation from the Comprehensive Spending as soon as registration starts in 2010. Review (CSR). Further information about the VBS can be found at www.isa- gov.org.uk . In addition, I also enclose a note setting out the facts Schools: Vetting in response to some of the myths about the VBS which have appeared recently in the media. My Department, which leads for the Government in relation Mr. Lidington: To ask the Secretary of State for to policy on the safeguarding of children, is the main funder of Children, Schools and Families whether (a) hon. the VBS together with the Department of Health, which has the Members, (b) Ministers and (c) elected members of a parallel lead for vulnerable adults. The VBS in England and local education authority will be required to register Wales is being delivered for DCSF and for the Department of with the Independent Safeguarding Authority before Health by the Home Office, which also leads for the Government visiting a school under the provisions of the Vetting on criminal records information. and Barring Scheme; and if he will make a statement. I am copying this letter to Gwenda Thomas AM, Deputy [288813] Minister for Social Services in the Welsh Assembly Government. 1107W Written Answers16 OCTOBER 2009 Written Answers 1108W

COMMUNITIES AND LOCAL GOVERNMENT Barbara Follett: A complete list of funding to charitable institutions over the past five years could be made Analytical Services Research Programme available only at a disproportionate cost. However, I refer the hon. Member to the list of Mrs. Spelman: To ask the Secretary of State for charitable institutions that this Department funded Communities and Local Government what research in 2008-09 as published in our resource accounts on projects have been commissioned by his Department’s 14 July 2009 (HC449, pages 17-21) and also those (a) Analytical Services Research Programme and (b) funded in 2007-08 as published in the departmental Communications Directorate in the last 24 months. annual report in May 2008 (Cm 7394). [292704] Civil Service Compensation Scheme Barbara Follett: Details of research projects commissioned from the Analytical Services Research Programme are available from our Research Database Mrs. Spelman: To ask the Secretary of State for (RD) at: Communities and Local Government whether the proposed http://www.rmd.communities.gov.uk/ changes to the Civil Service Compensation Scheme will have implications for compensation schemes in (a) The database provides information on projects local government and (b) non-departmental public bodies commissioned by Communities and Local Government overseen by his Department. [292664] and predecessor departments going back to 30 November 2001. This includes the subject, contractor and cost of each research commission. Barbara Follett: Proposed changes to the Civil Service Compensation Scheme will have no implications for the For details of research commissioned by the compensation scheme available to local government Communications Directorate I refer the hon. Member employees or for NDPBs who have separate provisions. to the reply given on 2 June 2008, Official Report, column 538-39W, as amended on 9 July 2008, Official Report, column 9MC. From that date onward all research Community Development Foundation commission by Communications is on the Research Database. Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what funding his Atherton Associates Department is providing to the Community Development Foundation in 2009-10; and what the (a) function and Mrs. Spelman: To ask the Secretary of State for (b) purpose of the foundation is. [292579] Communities and Local Government whether officials of his Department have met representatives of Atherton Barbara Follett: Communities and Local Government Associates in the last 18 months. [292826] are providing £1,706,000 in grant in aid to our NDPB the Community Development Foundation in 2009-10. Barbara Follett: This information is not held centrally CDF’s charitable objects are: to develop the capacity and could be provided only at disproportionate cost. and skills of members of socially and economically or socially disadvantaged communities in such a way that Building Alterations they are better able to identify, and help meet, their needs and to participate more fully in society. Mrs. Spelman: To ask the Secretary of State for The aims of the Community Development Foundation Communities and Local Government what changes to are to maintain contact with grassroots experience, permitted development rights which have restricted the through consultancy and managed programmes and rights of property owners to extend a dwelling have projects, links with individual practitioners, and indirectly been made in the last 36 months. [292809] through collaborative work with partner organisations; identify transferable good practice, through research, Mr. Ian Austin: The Government introduced a new evaluation and collaborative activity; advise policy-makers regime of permitted development rights for householders and disseminate good practice, through policy work, in October 2008. This replaced the previous volume training and conferences, publications and consultancy. based limits approach with one which sets clearer limits on the size and position of household developments that can benefit from permitted development rights. Council Housing: Construction The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order Mrs. Spelman: To ask the Secretary of State for 2008 allows householders to extend their properties Communities and Local Government how many without the need for planning permission subject to the council homes he expects to be built in each year under limitations and conditions that are set out in the order. the local authority new build programme. [293000]

Charities Mr. Ian Austin: The housing pledge, a centrepiece of our building Britain’s future plan, announced an extra Bob Spink: To ask the Secretary of State for £1.5 billion to build new houses over this year and next. Communities and Local Government what grants his Funds from this Pledge have been earmarked to support Department made to charitable organisations in each direct development by local authorities, to add to the of the last five years. [292654] £100 million already announced in the Budget. 1109W Written Answers16 OCTOBER 2009 Written Answers 1110W

Round 1 of the local authority new build programme Barbara Follett: On 21 September 1994 the then announced in September resulted in 49 councils being Department of Environment sent to chief finance officers awarded funding to build 217 schemes across the country of billing authorities the following guidance: providing 2,174 new homes. Bidding in Round 2 closes “Under class E of S1 1992/551, the owner of a at the end of October. dwelling is liable to pay the council tax in respect of it if We expect the programme to provide around 3,500 it is new homes, completed in 2010-11 and 2011-12. “a dwelling which is inhabited by a minister of religion of any religious denomination as a residence from which he performs the Council Housing: Finance duties of his office.” Under class H of SI 1992/558, a dwelling is exempt Mrs. Spelman: To ask the Secretary of State for from the council tax if it is Communities and Local Government what his most “an unoccupied dwelling which is held for the purpose of being recent estimate is of the revenue raised by local authorities available for occupation by a minister of any religious denomination from reducing their council tax discount on empty as a residence from which to perform the duties of his office.” homes; and whether this revenue will (a) continue to be kept by local authorities after the 2011-12 settlement The term “minister of religion” is not defined in the and (b) be taken into account in the calculation of their Act. Neither is the concept of occupying a property as a tax-base for the purposes of allocating central government residence from which to conduct the duties of the office of a minister of religion. Authorities must consider the grant. [292891] facts of each case in determining whether or not the Barbara Follett: As at October 2008, reductions to person who inhabits, or for whom a property is held, is council tax discounts for empty homes generated an a minister of religion, and whether or not the property annual additional revenue of £104 million over England. is used or held for use as a residence from which a “Additional revenue” refers to the extra amount raised minister of religion conducts the duties of his office. by applying a discount smaller than 50 per cent. We In the Department’s view a person might normally be expect to calculate the council tax projections for the considered a minister of religion if his duties include at 2011-12 settlement based on the Council Tax Base least some of the following: (CTB) returns that authorities supply in 2008, 2009 and conducting religious worship; 2010. These will take into account the reduction in providing pastoral care, especially to those who are sick, council tax discount on empty homes. distressed or needy; Council Housing: Tenants conducting weddings, funerals or baptisms (or their equivalent); providing leadership to local members of his denomination; Bob Spink: To ask the Secretary of State for Communities overseeing the ministry of others who perform these functions, and Local Government what estimate he has made of providing them with support and pastoral care. the number of families required to move home by a It is also the Department’s view that, in considering local authority following the expiry of the right to whether or not a minister conducts his duties from a statutory succession to a local authority property in property, regard may normally be had to whether he is each of the last five years; and if he will make a available at that property to provide pastoral care, or statement. [292668] whether business relating to his role as minister is conducted there. It is the Department’s view that it Mr. Ian Austin: No estimate has been made. would not normally be sufficient for a minister merely to reside in the property and undertake his private Council Tax worship there.”

Mrs. Spelman: To ask the Secretary of State for Council Tax: Valuation Communities and Local Government what proportion of the expenditure of each local authority in England Mrs. Spelman: To ask the Secretary of State for was raised from council tax in the latest period for Communities and Local Government whether the Valuation which figures are available. [292695] Office Agency’s automated valuation model has been used to assist in the amendment of council tax bandings; Barbara Follett: I have placed in the Library of the and whether the model is connected to his Department’s House a table showing the latest estimates of the percentage council tax banding support tool. [292714] of revenue expenditure financed by council tax by each local authority in England for 2008-09. Barbara Follett: The information is as follows. Council Tax: Ministers of Religion (a) The AVM has not been used directly to assist in the amendment of council tax bandings. Mrs. Spelman: To ask the Secretary of State for (b) The council tax banding support tool was developed using Communities and Local Government what recent guidance automated valuation modelling techniques. his Department has given to billing authorities on (a) the categories of duty which a minister of religion Mrs. Spelman: To ask the Secretary of State for should be able to demonstrate in order to be eligible for Communities and Local Government how much has a Class E or Class H council tax exemption, (b) the been spent from the public purse to date on (a) the definition of a minister of religion and (c) the religions 2007 council tax revaluation and (b) computer databases which are recognised for the purpose of this exemption. and data gathering associated with that revaluation. [292708] [292739] 1111W Written Answers16 OCTOBER 2009 Written Answers 1112W

Barbara Follett: I refer the hon. Member to the Barbara Follett: The number of properties with each answer given by my right hon. Friend the Member for individual dwellinghouse code and each value significant East Ham (Mr. Timms) on 7 July 2009, Official Report, code, for all local authority areas I England, will be column 775W. placed in the Library of the House.

Mrs. Spelman: To ask the Secretary of State for Mrs. Spelman: To ask the Secretary of State for Communities and Local Government pursuant to the Communities and Local Government what the minimum answer of 30 June 2009, Official Report, column 190W, size is of an external building next to a domestic dwelling on council tax, (1) how many dwellings in England have which can be classified as an outbuilding by the Valuation been assigned the value significant code of OS (patio) in Office Agency for the purposes of its dwellinghouse each local authority area, or in each equivalent local coding for council tax valuations. [293321] administrative area that the Valuation Office Agency’s database uses, in the most recent period for which Barbara Follett: None, but an external structure must figures are available; [292853] be value significant to be recorded as an outbuilding for the purposes of dwellinghouse coding. (2) how many homes in each local authority area have a (a) GG value significant code and (b) OS code; Mrs. Spelman: To ask the Secretary of State for [293206] Communities and Local Government what changes (3) with reference to the Valuation Office Agency’s have been made to the (a) eligibility and (b) ability of reply to request 11437929.1/CEO/TE made under the households to appeal against their council tax banding Freedom of Information Act 2000, if he will place in since May 1997. [293346] the Library a copy of the chart showing the number of dwellings assigned with each individual dwellinghouse Barbara Follett: There have been no changes to the code and each individual value significant code across eligibility of households to make proposals against England in the most recent period for which figures are their council tax bands. available; [293257] Facilities to make a proposal became more accessible (4) how many dwellings in each local billing in June 2002 when the Valuation Office Agency introduced authority, or closest administrative unit used by the an application onto its website that allowed proposals Valuation Office Agency, have been recorded with a to be made online. (a) VC and (b) VE value significant code. [293350] Since 1 April 2008, taxpayers who have made a proposal and are unhappy with the decision of the Mrs. Spelman: To ask the Secretary of State for Valuation Office Agency’s listing officer can now appeal Communities and Local Government pursuant to the directly to an independent Valuation Tribunal. answer of 29 June 2009, Official Report, column 25W, on council tax: valuation, for what reasons the Mrs. Spelman: To ask the Secretary of State for automated valuation model (AVM) is not being used Communities and Local Government during what for council tax valuations and revaluations; what use is period of time a homeowner is able to appeal against being made of the AVM database; and whether the the council tax band of their property. [293349] database is being updated with property attribute information. [293015] Barbara Follett: There are limited circumstances in which a formal challenge (known as a ‘proposal’) will be accepted by the Valuation Office Agency as having Barbara Follett: The automated valuation model (AVM) been validly made, some of which are subject to a time is not being used for a council tax revaluation as there is limit. A person may, for example, make a proposal to no revaluation taking place. It is not being used for alter the council tax banding of their property within individual council tax valuations, as it was developed as six months of becoming the council tax payer. Further a tool for mass appraisal and is not an efficient tool for details of the circumstances and time limits are available valuing individual properties. from the Valuation Office Agency’s website at: There is no AVM database. The AVM accesses the http://www.voa.gov.uk/council_tax/can_i_appeal.htm Valuation Office Agency’s digitised database of property If, having made a valid proposal, a householder is records. unhappy with the decision made by the Valuation Office The Valuation Office Agency’s digitised database of Agency’s Listing Officer; an appeal can be made to an property records, is continually updated with property independent Valuation Tribunal within three months of attribute information as part of ongoing work in connection that decision. with maintaining current council tax valuation lists. Anyone who has concerns that their property’s council tax band is incorrect should contact the local listing Mr. Gray: To ask the Secretary of State for Communities officer who may amend the banding if there is sufficient and Local Government how many properties within the evidence to justify it. Wiltshire County Council area are recorded with each individual (a) dwelling house code and (b) value significant Departmental Cost Effectiveness code, including each individual (i) type, (ii) number of rooms, (iii) number of bedrooms, (iv) number of bathrooms, Mrs. Spelman: To ask the Secretary of State for (v) number of floors, (vi) floor level, (vii) parking, (viii) Communities and Local Government what targets his garaging, (ix) conservatory type, (x) age, (xi) outbuilding Department has been set for achieving value for money and (xii) modernisation code according to electronic in its operations; and what progress has been made in records held by the Valuation Office Agency. [293105] meeting those targets. [293260] 1113W Written Answers16 OCTOBER 2009 Written Answers 1114W

Barbara Follett: The Department’s value for money (2) which datasets are contained on his Department’s targets and its plans to achieve these are set out in the Places Database. [292754] 2009 Department annual report (chapter 9, page 150). In summary, the comprehensive spending review 2007 Mr. Ian Austin: All the data and information that is (CSR07) set the Department a target to achieve £887 held within the Places Database are accessible to the million vfm gains by March 2011, comprising of: public. £734 million through the supply of new affordable housing; The information requested on each the datasets contained £110 million from the Fire and Rescue Service; on the Places Database has been deposited in the Library £43 million by reducing the cost of running the Department. of the House. Progress against these targets will be published in the Departmental Manpower Department’s 2009 autumn performance report. Mrs. Spelman: To ask the Secretary of State for Communities and Local Government pursuant to the Departmental Databases answer of 9 September 2009, Official Report, column 2007W, on departmental manpower, what the (a) job titles and (b) divisions are of each of the 59.5 full-time Mrs. Spelman: To ask the Secretary of State for equivalent staff on fixed term contracts. [292861] Communities and Local Government (1) what (a) information and (b) datasets held on the Places Barbara Follett: The following table sets out the Database (i) are not accessible to the public via the division and grade of the full-time equivalent staff on Places internet interface and (ii) are only accessible fixed term contracts, according to our personnel records from within his Department; [292750] as requested.

Grade AO and EO and HEO and SEO and G7and G6 and Location equivalent equivalent equivalent equivalent equivalent equivalent SCS

Communities Group 12222—3 CorporateDeliveryGroup— 2 4———— Housing and Planning 1978321 HR & Business Change —————— 1 Group Local Government and — 2———— 1 Regeneration Group Regions and Communities —————— 1 Strategy and Performance — — — — — — 3 The Planning Inspectorate —————— 1 On loan to other —————— 2 Government Departments

Departmental Procurement Boundary Commission for Wales British Broadcasting Corporation (BBC) Mrs. Spelman: To ask the Secretary of State for British Council Communities and Local Government pursuant to the British Geological Survey (BGS) answer of 12 May 2009, Official Report, column 714W, British Waterways on departmental procurement, what the cost was of Cabinet Office procuring aerial photographs from Infoterra for the Centre for Ecology and Hydrology (CEH) digital mapping project; and which public sector bodies Charity Commission are parties to the Pan-Government Agreement. [293028] Child Maintenance and Enforcement Commission Church Commissioners Mr. Ian Austin: The Pan-Government Agreement currently provides 106 central Government bodies (listed Coal Authority (The) as follows) with geographic data. The data is used for a Commission for Rural Communities variety of purposes including environmental analysis Communities and Local Government and land registration. The aerial photography component Consumer Council for Water is worth a maximum of £9.54 million +VAT in the first Consumer Focus four years. Countryside Council for Wales (CCW) 4NW Crown Estate (The) Advantage West Midlands Deer Commission for Scotland (DCS) Amgueddfa Cymru—National Museum Wales Defence Estates (DE) Arts Council of Wales Department for Business, Innovation and Skills (BIS) Association of North East Councils Department for Children, Schools and Families Audit Commission Department for Culture, Media and Sport (DCMS) Boundary Commission for England (BCE) Department for Environment, Food and Rural Affairs (DEFRA) 1115W Written Answers16 OCTOBER 2009 Written Answers 1116W

Department for Transport (DfT) South West Councils Department for Work and Pensions (DWP) South West Observatory Department of Energy and Climate Change (DECC) South West Regional Development Agency (SWRDA) Department of Health (DH) Sport England East Midlands Development Agency (EMDA) Sports Council for Wales East Midlands Regional Assembly Tenant Services Authority East of England Development Agency The National Library of Wales East of England Regional Assembly Thurrock Thames Gateway Development Corporation Electoral Commission (The) Training and Development Agency for Schools English Heritage Transport Scotland Environment Agency (EA) Tribunals Service Food Standards Agency (The) UK Border Agency Forensic Science Service Valuation Office Agency (VOA) Forestry Commission Wales Centre for Health (WCfH) Government Offices for the English Regions (GON) Welsh Assembly Government Health and Safety Executive (HSE) Welsh Health Estates Health Protection Agency West Midlands Regional Assembly Her Majesty’s Revenue and Customs (HMRC) Yorkshire and Humber Assembly High Speed Two Yorkshire Forward Higher Education Funding Council for Wales Highways Agency Departmental Public Expenditure Historic Scotland Mrs. Spelman: To ask the Secretary of State for Home Office Communities and Local Government pursuant to the Homes and Communities Agency answer to the hon. Member for Peterborough of 8 July House of Commons Library 2009, Official Report, column 901W, on departmental Information Centre for Health and Social Care public expenditure, when he expects his Department’s Joint Nature Conservation Committee (JNCC) impact assessments to be published. [292978] Land Registry Barbara Follett: Departmental impact assessments Local Government Boundary Commission for Wales will be published alongside Bills on their introduction London Thames Gateway Development Corporation to Parliament in the usual way after the Queen’s Speech. Maritime and Coastguard Agency The Department is continuing to work with lead Met Office Departments to identify costs for inclusion in individual Ministry of Defence impact assessments for each new Bill. Ministry of Justice Mrs. Spelman: To ask the Secretary of State for National Assembly for Wales Parliamentary Service Communities and Local Government pursuant to the National Audit Office answer of 9 September 2009, Official Report, column National Housing and Planning Advice Unit 2007W, on departmental finance, what the breakdown National Policing Improvement Agency (NPIA) by budgetary subheading is of his Department’s other current spending for 2008-09. [293044] Natural England NHS Connecting for Health Barbara Follett: The Department’s other current NHS Counter Fraud and Security Management Service expenditure in 2008-09 was £15.8 millions (page 50, line North West Regional Development Agency G Resources Accounts 2008-09). The breakdown of this is as follows: Nuclear Decommissioning Authority (NDA) Office for National Statistics (ONS) £ million Office of Communications (OFCOM) Pay 13.4 Office of Government Commerce (OGC) Non-pay 211.0 Oil and Pipelines Agency Non-cash 31.4 Olympic Delivery Authority (ODA) Total 15.8 One North East 1 Expenditure on outward secondees fully offset by income received Potato Council Ltd (including in appropriation in aid column of accounts) 2 Includes a range of compensation payments over the course of the Royal Commission on the Ancient and Historical Monuments year, most notably a £9.3 million payment following parliamentary of Scotland(RCAHMS) commissioner for administration ruling on a planning case. Royal Commission on the Ancient and Historical Monuments 3 Balance of provision for compensation payments to ex-PSA staff of Wales (RCAHMW) which are non discretionary. Royal Parks (The) Departmental Research Scottish Water Mrs. Spelman: To ask the Secretary of State for Serious Organised Crime Agency (SOCA) Communities and Local Government what research South East England Development Agency (SEEDA) projects his Department has commissioned in the last South East England Regional Assembly 24 months. [292703] 1117W Written Answers16 OCTOBER 2009 Written Answers 1118W

Barbara Follett: Details of research projects Barbara Follett: The planned reduction in Communities commissioned by Communities and Local Government and Local Government’s London estate from two buildings and its predecessors are available from our research to one was achieved on 5 October 2009 with the final database (RD) at: relocation of staff from Ashdown House to Eland http://www.rmd.communities.gov.uk/ House, thus enabling savings of £4.5 million per annum The database provides information on projects on reduced operating costs. commissioned by Communities and Local Government The success of the migration to flexible desking will and predecessor Departments going back to 30 November be formally assessed in early 2010. A staff survey was 2001. This includes the subject, contractor and cost of carried out in January 2009 to establish a baseline for each research commission. how staff in Communities and Local Government assessed their working environment. The same survey will be run Departmental Visits Abroad in March 2010, some three months after the last moves to flexible desking, to measure the level of improvement. Mrs. Spelman: To ask the Secretary of State for The survey will be supplemented by workshops, focus Communities and Local Government pursuant to the groups and individual interviews. answer to the hon. Member for Bromley and Chislehurst of 1 June 2009, Official Report, columns 190-1W, on departmental visits abroad, which divisions of his Government Office for London Department sent civil servants to represent his Department and to provide expert advice on policy and subject Mrs. Spelman: To ask the Secretary of State for issues in (a) North America, (b) Australia and (c) Asia Communities and Local Government what functions in the 12 months to 31 March 2009. [292863] and responsibilities in relation to housing are undertaken by the Government Office for London. [293002] Barbara Follett: Records on civil servants sent by divisions of the Communities and Local Government Mr. Ian Austin: Housing is the policy responsibility (CLG) to represent the Department and to provide of Communities and Local Government, and GOL expert advice on policy and subject issues in (a) North works to deliver a number of the Department’s housing America, (b) Australia and (c) Asia in the 12 months targets in London. GOL uses its local knowledge both to 31 March 2009 are not held centrally. As a consequence, to work with a range of partners, including the Mayor this information can be obtained only at disproportionate of London, The Homes and Communities Agency (HCA) cost. and the London boroughs, to promote and improve All travel is undertaken in accordance with the Civil understanding of the Government’s housing policy and Service Management Code. to influence the development of new housing initiatives. Fire Services: Pensions GOL’s housing role includes, advising CLG Ministers on the Mayor’s housing strategy and his recommendations Mrs. Spelman: To ask the Secretary of State for on the allocation of funding from the regional housing Communities and Local Government what the monetary pot in London, negotiating housing targets in London cost of employers’ contributions to fire service pensions boroughs’ local area agreements, and advising Ministers was (a) in cash terms and (b) as a proportion of the on housing growth issues in north London and Croydon. total expenditure of fire and rescue authorities in (i) the In addition, GOL’s planning work contributes to the most recent year for which figures are available and (ii) housing agenda through its planning responsibilities. in 1997-98. [292592] These include advising on and scrutinising the London Plan and Local Development Frameworks on behalf of Barbara Follett: The Firefighters’ Pension Schemes the Secretary of State for Communities and Local 1992 and 2006 are unfunded, pay as you go schemes Government to ensure that provision is made for both and under the financing arrangements in operation in affordable and market housing. GOL also has a national 1997-98 pensions were paid from revenue: there were no role in confirming planning, housing and regeneration employers’ contributions. compulsory purchase orders in England on behalf of New financing arrangements came into operation in the Secretary of State for Communities and Local April 2006 for English fire and rescue authorities, since Government, which facilitates regeneration and housing when employers have paid a contribution of 21.3 per schemes nationwide. cent. of pensionable pay for members of the Firefighters’ Pension Scheme 1992 and 11 per cent. for members of Greater London Authority: Finance the New Firefighters’ Pension Scheme 2006; in addition a charge is paid to cover the cost of any ill-health retirement. Mrs. Spelman: To ask the Secretary of State for In 2008-09, employers’ contributions from English Communities and Local Government what estimates authorities totalled £203.477 million, which was 9.6 per were made by his predecessor Department of the (a) cent. of total expenditure. cost and (b) staffing complement of the Greater London Authority prior to its creation. [293352] FlexSpace Barbara Follett: The White Paper, A Mayor and Mrs. Spelman: To ask the Secretary of State for Assembly for London, which set out the Government’s Communities and Local Government what assessment proposals for the creation of the Greater London Authority he has made of the outcome against objectives of the (GLA) in March 1998 provided an indicative estimate operation of the FlexSpace initiative in his Department’s that the GLA would have around 250 staff and an accommodation. [292728] annual cost of around £20 million a year. 1119W Written Answers16 OCTOBER 2009 Written Answers 1120W

This initial estimate was subsequently refined as the and will be seeking to ensure maximum benefits for GLA’s specific duties and responsibilities became clearer young and/or unemployed people living in the vicinity following the passage of the GLA Act 1999. The then of their developments. Minister for Local Government announced in February The new apprenticeships places will comply with 2000 that the GLA’s first full year budget for 2000-01 current UK legislation. would be £32.5million, to be funded by grant and precept. This first budget assumed an indicative staff Housing: Construction complement of 400 FTE staff for the GLA.

Housing Mrs. Spelman: To ask the Secretary of State for Communities and Local Government how many residential new build planning applications were granted in each of Mrs. Spelman: To ask the Secretary of State for the last five years; and what estimate his Department Communities and Local Government what recent estimate has made of the proportion of residential new build his Department has made of the average age of a sites with planning permission which have not been first-time buyer of a domestic property. [292702] developed. [292694] Mr. Ian Austin: The average (median) age of a first time buyer of a residential property in the UK in Mr. Ian Austin: The number of planning applications August 2009 was 29 years old. for residential developments that have been granted for last five years is set out in the table: Source: 1 The Council of Mortgage Lenders. Planning applications granted on residential developments in England Applications granted on Mrs. Spelman: To ask the Secretary of State for residential dwellings Communities and Local Government whether an impact 2003-04 49,500 assessment has been prepared in relation to the housing 2004-05 56,600 policies announced in the draft legislative programme. 2005-06 51,300 [292733] 2006-07 49,500 2007-08 50,500 Mr. Ian Austin: No housing policies were announced 1 England figures have been rounded to the nearest 100 and include as part of the Draft Legislative Programme 2009-10. estimates for non-responding authorities. Notes: Mrs. Spelman: To ask the Secretary of State for Information for 2008-09 to be published on 29 October 2009. Communities and Local Government in which regions Source: Communities and Local Government General Development Control regional housing executives have been established. Returns [292816] Information on whether planning applications have Mr. Ian Austin: The only region with a body known been developed or not is not held centrally. as a regional housing executive is the West Midlands. This was established in September 2006. Other regions Housing: Finance have similar bodies, with responsibilities including the preparation of a regional housing strategy and advising Grant Shapps: To ask the Secretary of State for Ministers on bids for elements of the regional housing Communities and Local Government how much he pot. expects the Homes and Communities Agency to pay to These bodies include representatives from local housing developers for completion of homes under the authorities (and are mainly chaired by a local authority National Affordable Housing programme in each of member) as well as key stakeholders and the HCA. the next three years. [292460]

Housing: Apprentices John Healey: As set out in the Homes and Communities Agency’s Corporate Plan we are expecting to invest, Mrs. Spelman: To ask the Secretary of State for £3,248 million and £2,480 million in 2009-10 and 2010-11 Communities and Local Government with reference to respectively through the Affordable Housing programme his Department’s press release of 14 September 2009 on either starts on site or completions. Budgets for on apprenticeships and new housing, whether the 2011-12 will be subject to the outcome of the next apprenticeships with the projects’ developers will be spending review. Housing developers are eligible to open to (a) EEA nationals, (b) A2 nationals and (c) submit bids for this grant funding. A8 nationals. [292839] Mrs. Spelman: To ask the Secretary of State for Mr. Ian Austin: On 14 September 2009 my right hon. Communities and Local Government with reference to Friend the Housing Minster announced that all projects his Department’s press release of 17 July 2009, on funded from future rounds of the housing pledge will housing, how much funding will be transferred from be required to offer apprenticeships places. The aim of (a) the Growth Fund, (b) the Decent Homes Arms this policy is to increase opportunities for young and/or Length Management Organisation Programme, (c) the unemployed people who have been particularly hard hit Private Sector Renewal programme and (d) each of the by the current economic climate. Many of these projects Homes and Communities Agency programmes to will be carried out by registered social landlords who contribute to the £1.5 billion of funding announced in have a commitment to support their local communities the Building Britain’s Future. [293035] 1121W Written Answers16 OCTOBER 2009 Written Answers 1122W

John Healey: To enable investment to build an extra 2007-08 20,000 new affordable homes for rent and low cost sale, £ I have reduced £128 million from the Growth Fund and New Build First Time £75 million from the Private Sector Renewal Fund Social HomeBuy HomeBuy Buyers Initiative through 2009-11 and rescheduled £150 million from the East Midlands n/a 132,801 174,370 Decent Homes ALMO programme. In addition, I have Eastern 143,500 173,207 n/a charged the Homes and Communities Agency with London 151,672 219,574 236,573 producing £183 million of the overall £1.5 billion package North East 135,000 115,333 159,958 through more efficient and flexible management of its North West 183,449 132,781 127,732 range of housing and regeneration programmes. South East 164,488 175,040 230,826 South West n/a 152,171 200,642 Housing: Low Incomes West Midlands 153,375 135,135 138,104 Yorkshire and the n/a 116,030 161,520 Humber Grant Shapps: To ask the Secretary of State for Communities and Local Government what the average 2008-09 grant per unit for a home sold under (a) Rent to £ First HomeBuy, (b) HomeBuy Direct, (c) New Build New Time HomeBuy, (d) MyChoice HomeBuy, (e) OwnHome, Social Build Buyers My Own (f) the First Time Buyers Initiative and (g) Social HomeBuy HomeBuy Initiative Choice Home [292480] HomeBuy was in each of the last three years. East n/a 141,341 130,747 123,134 139,651 Midlands John Healey: The following is a breakdown of the Eastern 192,500 158,578 210,129 162,854 173,112 average grant per unit for homes completed in the last London 205,020 226,977 211,702 259,098 217,958 three years: North East 77,571 113,813 130,141 118,956 130,970 Average grant per unit on completions for the last three years North West 80,207 128,114 130,498 130,079 139,687 2006-07 2007-08 2008-09 South East 180,150 181,285 195,949 171,414 181,717 South West n/a 161,091 175,575 151,598 168,713 Rent to Homebuy n/a n/a 35,503 West 113,542 114,302 131,166 128,685 141,015 Homebuy Direct n/a n/a n/a Midlands New Build 12,676 17,752 24,173 Yorkshire 130,000 121,344 138,049 122,830 142,275 HomeBuy and the Humber MyChoice n/a n/a 35,795 HomeBuy OwnHome n/a n/a 27,577 There were no Rent to HomeBuy sales recorded in FTBI 91,713 91,149 77,915 2008-09. New Build HomeBuy and Social HomeBuy Social Homebuy1 11,413 12,179 10,464 purchasers are able to purchase a share of the property 1 The grant relates to sales in the Housing Association sector only as grant is value from 25 per cent. upwards. not given in the local authority sector. Source: Homes and Communities Agency. Grant Shapps: To ask the Secretary of State for Communities and Local Government how many Grant Shapps: To ask the Secretary of State for households renting under the Rent to HomeBuy Communities and Local Government what the average scheme have subsequently acquired a share in their purchase price for a home sold via (a) Rent to home. [292482] HomeBuy, (b) HomeBuy Direct, (c) New Build HomeBuy, (d) MyChoice HomeBuy, (e) OwnHome, John Healey: The Rent to HomeBuy scheme was (f) the First Time Buyers Initiative and (g) Social introduced in July 2008 to help eligible households HomeBuy was in each region in each of the last three benefit from an affordable rent while they save for a years. [292481] deposit for a pre-specified period (up to five years). There were no sales returns from registered social landlords John Healey: The following tables show average regional recorded on the CORE (continuous recording) database market value of HomeBuy properties completed in the held by the Tenants Services Authority as at 31 March last three years. 2009. 2006-07 £ Housing: Public Expenditure New Build First Time Social HomeBuy HomeBuy Buyers Initiative Mrs. Spelman: To ask the Secretary of State for East Midlands 83,333 129,202 n/a Communities and Local Government what the central Eastern n/a 174,470 n/a Government expenditure on housing was in (a) cash London 221,125 229,374 197,297 terms and (b) real terms in each year since 1996-97. North East 62,000 125,830 n/a [292635] North West 90,500 129,706 n/a South East 165,000 165,380 222,566 Barbara Follett: Data on public expenditure by function South West n/a 150,841 n/a is published annually in “Public Expenditure Statistical West Midlands n/a 140,823 172,143 Analyses”. The latest edition was published in June Yorkshire and the 78,333 104,995 n/a Humber 2009 (Cm 7630) and includes data from financial year 1987-88 up to and including 2008-09. 1123W Written Answers16 OCTOBER 2009 Written Answers 1124W

Housing: Standards Ongar of 26 June 2007, Official Report, on housing: valuation, what method the Valuation Office Agency Mrs. Spelman: To ask the Secretary of State for uses to establish how much a permanent greenhouse is Communities and Local Government (1) what obligations worth. [293024] local authorities have to (a) undertake a private sector housing condition survey and (b) provide resulting Barbara Follett: The Valuation Office Agency uses information to his Department; [292554] the comparison method to value domestic property for council tax purposes, whatever features it may have. (2) what the timetable is for the completion of the Individual items would not be considered in isolation latest round of private sector housing condition but by reference to the effect they have on the value of surveys. [292878] the whole. Mr. Ian Austin: All local authorities are expected to Institute of Revenues Rating and Valuation Wales have in place a local housing strategy. This provides an Conference analysis of the housing needs of an area, covering housing across all tenures and provides a framework for ensuring that all parties act in a co-ordinated way to Mrs. Spelman: To ask the Secretary of State for tackle housing problems. It is in local authority’s interests Communities and Local Government if he will place in to collect information across all housing tenures through the Library a copy of the speech, presentation and housing condition surveys, including those privately handouts made by the representative of the Valuation owned, to ensure it has a plan in place for its current Tribunal Service at the Institute of Revenues Rating and future housing needs for all local residents. The and Valuation Wales conference held in Bournemouth Government do not stipulate either the precise detail of on 30 September 2009. [292879] local housing condition surveys, the timetable of these or that local authorities share the information collected Barbara Follett: I have placed in the Library a copy of with Communities and Local Government, it is for the presentation given by Anne Galbraith OBE, Chairman local authorities to decide the best way to take this of the Valuation Tribunal Service, entitled the Modern forward. Appeals Service given at the Institute of Revenues Rating and Valuation’s Annual conference in Bournemouth on 30 November 2009. Housing: Valuation Land: Databases Mrs. Spelman: To ask the Secretary of State for Communities and Local Government whether the Valuation Mrs. Spelman: To ask the Secretary of State for Office Agency takes into account the potential for Communities and Local Government (1) which planning permission, where such permission has not organisations have subscribed to the new Pan-Government been explicitly granted, when its district valuer arm Agreement on geographical information; [292752] values homes for right to buy purposes. [292552] (2) which public sector organisations have purchased data from the colour infra-red product through the new Barbara Follett: The Valuation Office Agency reflects Pan-Government Agreement. [292753] any realistic potential for further development when valuing dwellings for right to buy purposes. This is Mr. Ian Austin: The following government organisations required under the statutory basis of valuation, as are members of the PGA. contained within section 127 Housing Act 1985 and is in full accordance with the Royal Institution of Chartered Organisations annotated with * have licensed aerial Surveyors’ code of practice, “Valuations for Right to photography and therefore have access to the colour Buy, Right to Acquire and Equity Sharing of Social infra-red product. Housing”. 4NW Advantage West Midlands* Mrs. Spelman: To ask the Secretary of State for Amgueddfa Cymru - National Museum Wales* Communities and Local Government how many Arts Council of Wales* domestic dwellings in England have been assigned the Association of North East Councils notification code CL26 by the Valuation Office Agency Audit Commission in each year since 2006-07. [292731] Boundary Commission for England (BCE) Barbara Follett: The number of properties, in England, Boundary Commission for Wales reviewed and cleared with notification change code British Broadcasting Corporation (BBC)* CL26 is as follows. British Council British Geological Survey (BGS) Number British Waterways* 2006-07 39,017 Cabinet Office 2007-08 63,233 Centre for Ecology and Hydrology (CEH) 2008-09 51,068 Charity Commission Child Maintenance and Enforcement Commission Mrs. Spelman: To ask the Secretary of State for Church Commissioners* Communities and Local Government with reference to Coal Authority (The) the answer to the hon. Member for Brentwood and Commission for Rural Communities 1125W Written Answers16 OCTOBER 2009 Written Answers 1126W

Communities and Local Government* One North East Consumer Council for Water Potato Council Ltd* Consumer Focus Royal Commission for Ancient and Historical Monuments Countryside Council for Wales (CCW)* Scotland (RCAHMS)* Crown Estate (The)* Royal Commission on the Ancient and Historical Monuments of Wales (RCAHMW)* Deer Commission for Scotland (DCS)* Royal Parks (The)* Defence Estates (DE)* Scottish Water* Department for Business, Innovation and Skills (BIS) Serious Organised Crime Agency (SOCA)* Department for Children, Schools and Families South East England Development Agency (SEEDA) Department for Culture, Media and Sport (DCMS) South East England Regional Assembly Department for Environment, Food and Rural Affairs (DEFRA)* South West Councils Department for Transport (DfT) South West Observatory Department for Work and Pensions (DWP) South West Regional Development Agency (SWRDA) Department of Energy & Climate Change (DECC) Sport England* Department of Health (DH)* Sports Council for Wales* East Midlands Development Agency (EMDA)* East Midlands Regional Assembly Tenant Services Authority East of England Development Agency* The National Library of Wales* East of England Regional Assembly* Thurrock Thames Gateway Development Corporation Electoral Commission (The)* Training and Development Agency for Schools English Heritage* Transport Scotland* Environment Agency (EA)* Tribunals Service Food Standards Agency (The) UK Border Agency Forensic Science Service Valuation Office Agency (VOA) Forestry Commission Wales Centre for Health (WCfH)* Government Offices for the English Regions (GON) Welsh Assembly Government* Health and Safety Executive (HSE) Welsh Health Estates* Health Protection Agency* West Midlands Regional Assembly Her Majesty’s Revenue and Customs (HMRC)* Yorkshire and Humber Assembly High Speed Two* Yorkshire Forward* Higher Education Funding Council for Wales* Highways Agency Mrs. Spelman: To ask the Secretary of State for Historic Scotland* Communities and Local Government pursuant to the Home Office answer to the hon. Member for Peterborough of Homes and Communities Agency* 11 March 2009, Official Report, columns 487-8W, on land: databases, what aerial and satellite photography House of Commons Library members of the Pan-Government Agreement will have Information Centre for Health and Social Care access to; and what associated photography products Joint Nature Conservation Committee (JNCC) are provided by (a) Ordnance Survey, (b) Landmark Land Registry and (c) Dotted Eyes. [292856] Local Government Boundary Commission for Wales* London Thames Gateway Development Corporation* Mr. Ian Austin: Members of the Pan-Government Maritime and Coastguard Agency Agreement have access to a range of data from three Met Office suppliers (Landmark-Dotted Eyes, Next Perspectives Ministry of Defence* and Ordnance Survey). The Next Perspectives consortium provides aerial photography (25 cm resolution colour Ministry of Justice imagery; colour infra-red data); and height data (contour National Assembly for Wales Parliamentary Service* and digital terrain models). Satellite data is not included. National Audit Office There are no other suppliers of aerial photography National Housing and Planning Advice Unit products under the PGA. Ordnance Survey provides a National Policing Improvement Agency (NPIA)* range of products including large, medium and small Natural England* scale data; transport; boundaries; address and gazetteer NHS Connecting for Health data. The Landmark-Dotted Eyes consortium supplies NHS Counter Fraud and Security Management Service the PGA with postcodes and points of interest data. North West Regional Development Agency* Local Government Finance Nuclear Decommissioning Authority (NDA) Office for National Statistics (ONS)* Office of Communications (Ofcom) Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what guidance Office of Government Commerce (OGC)* his Department has issued to local authorities on their Oil and Pipelines Agency* implementation of Financial Reporting Standard 12. Olympic Delivery Authority (ODA)* [292737] 1127W Written Answers16 OCTOBER 2009 Written Answers 1128W

Barbara Follett: The Department has not issued any Standards in financial year 2010-11. We are considering guidance on Financial Reporting Standard (FRS) 12. the effects in relation to staff leave costs as well as other The application of FRS 12 to local authorities is governed costs and propose to consult local authorities shortly. by the ‘Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Local Government: Accountability Practice’, published by the Chartered Institute of Public Finance and Accountancy. This code is identified as a Margaret Moran: To ask the Secretary of State for proper practice in relation to the accounts of local Communities and Local Government (1) which local authorities by regulation 31 of the Local Authorities authorities have passed (a) delivery of and (b) (Capital Finance and Accounting) (England) Regulations ownership of services in respect of their duty to involve 2003 (SI 2003 No 3146). to social enterprises; and whether any such transfer has also involved a transfer of premises; [292646] Mrs. Spelman: To ask the Secretary of State for (2) what steps he is taking to assess the effectiveness Communities and Local Government what guidance of (a) local authorities and (b) other public agencies his Department has issued to local authorities on the in discharging their obligations in respect of their (i) operation of their financial reserves. [292738] duty to promote democracy and (ii) duty to involve; [292647] Barbara Follett: The Department has not issued guidance to local authorities on the operation of their financial (3) what information his Department holds on those reserves. Decisions on the level of reserves are a matter local authorities which have not yet put in place for local authorities. The Chartered Institute of Public mechanisms in respect of their duty to (a) involve and Finance and Accountancy (CIPFA) publish professional (b) promote democracy obligations; and if he will guidance on the establishment and maintenance of local make a statement; [292649] authority reserves. (4) what information his Department holds on whether local authorities and other public agencies are Mrs. Spelman: To ask the Secretary of State for engaging representatives of vulnerable persons as Communities and Local Government with reference to required under the provisions of the 7. [292650] his Department’s press release of 29 September 2009, on council efficiency, which local authorities reported Barbara Follett: The duty to promote democracy is efficiency savings in relation to (a) adopting alternate included in the Local Democracy, Economic Development weekly refuse collections and (b) introducing wheeled and Construction Bill currently in Parliament. It is not refuse containers. [293023] yet, therefore, a statutory duty. In terms of the duty to involve, it is principally for Barbara Follett: The Department does not collect local authorities and relevant public bodies to which information from councils on the value of efficiencies this currently applies, to assess for themselves the broken down by individual service sectors. Councils are effectiveness of when and how they involve others, and required to report only the total net value of ongoing how this improves services and community cohesion in cash-releasing value for money gains that have impacted an area. My Department does not collate and hold since the start of the 2008-09 financial year. detailed information on how individual authorities are implementing the duty to involve, including any transfers Mrs. Spelman: To ask the Secretary of State for of services to social enterprises. Under the new Communities and Local Government pursuant to the Comprehensive Area Assessment, the independent answer to the hon. Member for Bromley and inspectorate of local services will be considering how Chislehurst of 21 May 2009, Official Report, column well local authorities and partners understand and respond 1510W, on national insurance contributions: local to the needs and aspirations of local people. The authorities, whether the planned additional cost of first set of CAA reports are due to be published on national insurance contributions for local authorities 10 December. will be treated as a new burden for the purposes of Inspectorates have made clear that they will pay determining local authority grant. [293025] particular attention in their assessments to people whose personal circumstances present a risk to themselves or Barbara Follett: The increase in national insurance to others. They will report clearly where their needs are contributions for employers announced in the pre-Budget not being met or where they have concerns about them report 2008 applies to all employers and does not impact being met in future, allowing for the different levels of disproportionately upon local authorities. Consequently, risk and urgency associated with such circumstances. the new burdens doctrine does not apply. Margaret Moran: To ask the Secretary of State for Mrs. Spelman: To ask the Secretary of State for Communities and Local Government how much Communities and Local Government what assessment funding his Department has allocated to (a) local he has made of the effect of the introduction of the authorities and other public bodies and (b) other International Financial Reporting Standard to local organisations in respect of their (i) duty to involve and government on (a) staff leave costs in local (ii) duty to promote democracy obligations over the government and (b) other local government costs. next three years. [292648] [293322] Barbara Follett: The Department has not allocated Barbara Follett: The Department is currently assessing additional funding for the duty to involve. Involving the financial implications of the introduction for local and consulting local people is not a new task. Better government of the International Financial Reporting engagement of local people should help public bodies 1129W Written Answers16 OCTOBER 2009 Written Answers 1130W to deliver better and more efficient local services. It is repossession or eviction in each year since the grant’s reasonable to expect authorities to factor in value for inception; and what assessment he has made of the money when considering the appropriate level of likely effects of the scheme in the next two years. engagement. [292082] The duty to promote democracy is included in the Local Democracy, Economic Development and John Healey: The £20 million Preventing Repossessions Construction Bill currently in Parliament. It is not yet, Fund was announced by the Chancellor in the Budget therefore, a statutory duty. Final decisions about funding to enable local authorities to offer small loans up to a allocations have not yet been made. maximum value of £5,000 to families at risk of homelessness through repossession or eviction. A list of allocations Local Government: Barnet made in June 2009 to individual local authorities for 2009-10 has been placed in the House Library.Information Mrs. Spelman: To ask the Secretary of State for about the use councils have made of this grant and Communities and Local Government how much funding number of households who have received a payment his Department has provided to the London borough of from the fund will be published later this year. Barnet to test behavioural economics to date. [292883] The fund forms part of the range of assistance that has been put in place at every stage to help struggling Barbara Follett: The Department gave £350,000 to households. It provides additional support to local the London borough of Barnet in 2008-09 for pilot authorities in their work to prevent repossessions and projects on behavioural change on recycling. eviction in difficult cases where households may have multiple debts or negative equity. Local Government: Influenza Grant Shapps: To ask the Secretary of State for Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what information Communities and Local Government if he will place in was used to establish the areas where advertising for the the Library a copy of his Department’s pandemic influenza Mortgage Help campaign was to be concentrated; and contingency plan. [293351] if he will make a statement. [292477] Barbara Follett: A copy of the pandemic influenza contingency plan will be placed in the Library of the John Healey: 22 priority areas were identified for House. additional targeting as part of the Mortgage Help campaign to help prevent repossessions by encouraging Met Office concerned homeowners to seek help and advice. These areas were identified as facing a greater risk of increased Mrs. Spelman: To ask the Secretary of State for repossessions using labour market data and mortgage Communities and Local Government whether his possession data. Department provides funding to the Met Office. [292663] Grant Shapps: To ask the Secretary of State for Communities and Local Government what the annual Barbara Follett: Communities and Local Government budget for the Mortgage Help campaign is; and how provides funding to the Met Office for the provision of much is expected to be spent on (a) campaign advertising the web-based Firemet service. FireMet is a weather and (b) the campaign’s website in 2009-10. [292478] system designed to provide the Fire and Rescue Service with the latest weather information to help them identify John Healey: In the financial year 2009-10 the total a safe approach when dealing with a major incident. allocated budget for the Mortgage Help campaign is Funding provided to date is as follows and covers £1.855 million. The campaign is still running, and so costs associated with the development of the Firemet spend allocations for different aspects of the campaign system, associated training and operational delivery of have not yet been finalised. The Department will publish the service. a breakdown of the actual campaign spend at the time 2006-07: £21,385 of its next annual report. 2007-08: £86,010 2008-09: £53,716 Mrs. Spelman: To ask the Secretary of State for Communities and Local Government with reference to Mortgages: Government Assistance his Department’s press release of 8 September 2009 on support for homeowners, what criteria were used to Justine Greening: To ask the Secretary of State for select the 22 hotspot areas; and what account was Communities and Local Government how much taken of mortgage repossession figures held by the funding has been (a) distributed to each local Ministry of Justice in that selection. [293021] authority through the Preventing Repossession Revenue Grant and (b) subsequently spent by each John Healey: 22 priority areas were identified for authority; how many people applied for grants; how additional targeting as part of the Mortgage Help many grants were issued in the ranges (i) £0 - £249, (ii) campaign to help prevent repossessions by encouraging £250 - £499, (iii) £500 - £999, (iv) £1,000 - £1,999, (v) concerned homeowners to seek help and advice. These £2,000 - £2,999, (vi) £3,000 - £3,999, (vii) £4,000 - areas were identified as facing a greater risk of increased £4,999 and (viii) £5,000 or more; what assessment he repossessions using labour market data and mortgage has made of the effect of the scheme in preventing possession data. 1131W Written Answers16 OCTOBER 2009 Written Answers 1132W

Non-Domestic Rates Non-Domestic Rates: Diplomatic Missions

Mrs. Spelman: To ask the Secretary of State for Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what statistics Communities and Local Government pursuant to the (a) his Department and (b) the Valuation Office Agency answer to the hon. Member for Peterborough of 6 July are compiling on the level of take-up of deferred business 2009, Official Report, column 547W, on diplomatic rates under his Department’s scheme to allow partial missions, if he will allow local authorities to withdraw deferral of 2009-10 increases. [292746] services from diplomatic missions which do not pay the national non-domestic rates billed to them. [292977] Barbara Follett: On (a), the Department is planning to collect figures on the total number of deferrals Barbara Follett: Local authorities are under statutory granted and the total amount deferred for each local obligations to provide certain services in their areas and billing authority. cannot therefore withdraw such services where a diplomatic On (b), the Valuation Office Agency does not collect mission fails to pay the element of its business rates bill this date. for which it is responsible.

Mrs. Spelman: To ask the Secretary of State for Non-Domestic Rates: Empty Property Communities and Local Government whether he plans to reduce average business rate bills in April 2010 if Mrs. Spelman: To ask the Secretary of State for retail price index inflation is negative in September Communities and Local Government how much net 2009. [292884] revenue has been raised from the new regime of empty property business rates in each year since their Barbara Follett: Under schedule 7 of the Local introduction. [292589] Government Finance Act 1988 the increases in the business rates multipliers each year are capped by the Barbara Follett: Local authorities reported that they previous September’s RPI. Therefore the September granted £487 million of empty property relief in 2008-09 2009 RPI of -1.4 per cent. will exert a downward and estimate that in 2009-10 they will grant empty pressure on the multipliers and 2010-11 rates bills. property relief of £570 million. Under the same legislation, the multipliers will also be adjusted to ensure that the overall tax yield does not These data are available in the National non-domestic increase as a result of the 2010 revaluation. The Government rates statistics releases that are available on the Communities have no plans to amend the way that the multipliers are and Local Government website at: calculated. http://www.communities.gov.uk/localgovernment/ localregional/localgovernmentfinance/statistics/ Mrs. Spelman: To ask the Secretary of State for nondomesticrates/ Communities and Local Government what assessments have been made of the effects of the introduction of Mrs. Spelman: To ask the Secretary of State for the new regime of empty property business rates to Communities and Local Government whether he plans date. [293368] to introduce anti-avoidance measures following the lowering of the threshold on empty property business Barbara Follett: An Impact Assessment was published rates in April 2010. [292590] with the Explanatory Memorandum to the Non-Domestic Ratings (Unoccupied Property) (England) Regulations Barbara Follett: The Government have no plans to 2009. It may be viewed on the Office of Public Sector introduce any empty property rates anti-avoidance measures Information website at the following address: at this time. http://www.opsi.gov.uk/si/si2009/em/uksiem_20090353_en.pdf Mrs. Spelman: To ask the Secretary of State for Communities and Local Government which local Non-Domestic Rates: Advertising authorities have responded to his Department’s information-gathering exercise on empty property business rates. [292628] Mrs. Spelman: To ask the Secretary of State for Communities and Local Government pursuant to the answer to the hon. Member for Ludlow of 16 September Barbara Follett: All 354 billing authorities in existence 2009, Official Report, column 2288W, on the Valuation as of 31 March 2009 provided data on (a) the numbers Office Agency: publications, whether an advertising of empty properties as of 31 March 2009 and (b) of station which is not let out, not reserved and not those, the number of empty properties with a rateable displaying any image is eligible for empty property rate value of less than £15,000. The data were provided on relief if its rateable value is under the empty property the billing authority’s annual NNDR3 return. rate relief threshold. [293031] Mrs. Spelman: To ask the Secretary of State for Barbara Follett: I refer the hon. Member to the Communities and Local Government what (a) answer given to the hon. Member for Bromley and individuals and (b) organisations have responded to Chislehurst (Robert Neill) on 11 February 2009, Official his Department’s consultation on modernising empty Report, columns 2065-066W. property relief. [292710] 1133W Written Answers16 OCTOBER 2009 Written Answers 1134W

Barbara Follett: A list of respondents to the consultation Non-Domestic Rates: Valuation is contained in the summary of responses document at Annex A. The summary can be found at the following Mrs. Spelman: To ask the Secretary of State for link: Communities and Local Government what the http://www.communities.gov.uk/publications/ timetable is for the 2010 business rates revaluation; and localgovernment/meprresponse when he expects bills reflecting the revaluation to be A copy of the document has already been placed in issued to those liable for business rates. [294101] the Library of the House. Barbara Follett: The 2010 rating list will come into Non-Domestic Rates: Ports force on 1 April 2010. Regulations implementing the 2010 transitional arrangements will be made before the Mrs. Spelman: To ask the Secretary of State for end of December 2009 and the small business non-domestic Communities and Local Government whether (a) multiplier and the national non-domestic multiplier will yacht clubs and (b) fishing companies located within be confirmed in the new year after Parliament approves the curtilages of ports are liable to pay business rates the Local Government Finance Report. The issuing of on a retrospective basis following the Valuation Office rates bills is a matter for Billing Authorities, but we Agency’s review of port valuations. [292817] expect that rate bills for 2010-11 will be issued by Billing Authorities during March 2010. Barbara Follett: The Government do not hold information on the identity of ratepayers liable for Official Hospitality business rates. A liable party for business rates will have paramount control of a property. Whether a yacht club Mrs. Spelman: To ask the Secretary of State for or a fishing company has paramount control of a Communities and Local Government pursuant to the property within the curtilage of a port will depend on answer of 1 June 2009, Official Report, column 203W, the facts of each case. If there is paramount control on official hospitality, if he will place in the Library a then it would warrant a separate assessment and if they copy of each page of his Department’s staff handbook were not previously assessed then they would have been relating to guidance on the declaration of gifts, affected by the review. hospitality and financial interests. [292865]

Mrs. Spelman: To ask the Secretary of State for Barbara Follett: A copy of the pages of the Department’s Communities and Local Government how many staff handbook relating to guidance on the declaration assessments of individual hereditaments there have of gifts, hospitality and financial interests will be placed been by the Valuation Office Agency to date in relation in the House of Commons Library. to the new regime of business rates on ports; and how many of these have subsequently been corrected or Oxford Economic Forecasting subjected to an appeal. [292875]

Barbara Follett: The assessment of separate occupations Mrs. Spelman: To ask the Secretary of State for is not new and was not introduced by the Valuation Communities and Local Government what (a) Office Agency’s review of ports. Over 1,600 properties research and (b) reports have been commissioned from within the 45 ports in England were separately assessed Oxford Economic Forecasting by his Department and immediately prior to the completion of the review of its agencies in the last 36 months. [292813] each port. As at 8 July 2009 the number of properties within ports that are separately assessed with an effective Barbara Follett: Details of research projects date of 1 April 2005 is 2,207, a net increase of around commissioned by Communities and Local Government 600 compared to the position immediately prior to the and its predecessors are available from our Research review of each port. Database (RD) at: As at 9 September, the Valuation Office Agency has http://www.rmd.communities.gov.uk/ applied fast track arrangements to 703 appeals made by The database provides information on projects port businesses, 355 of which relate to new business commissioned by Communities and Local Government rating assessments with an effective date of 1 April and predecessor departments going back to 30 November 2005. 2001. This includes the subject, contractor and cost of each research commission. Of the 355 appeals, 154 have been settled, 48 by agreement and 106 withdrawn. Where agreement has Planning Permission been reached this has resulted in a reduction in the rateable value. Mrs. Spelman: To ask the Secretary of State for Non-Domestic Rates: Take-Away Food Communities and Local Government what guidance his Department issues to (a) councillors and (b) local Mrs. Spelman: To ask the Secretary of State for planning authorities on consideration to be given to Communities and Local Government whether issues of (i) predisposition and (ii) predetermination in operators of mobile food vending vans are liable for the determining the outcome of planning applications. payment of business rates. [292757] [292712]

Barbara Follett: Mobile food vending vans are not Mr. Ian Austin: Predisposition and predetermination rateable. The sites they park on and any operational in relation to the conduct of councillors and officers fall base from which they work may have a liability for rates. within the wider consideration of probity. 1135W Written Answers16 OCTOBER 2009 Written Answers 1136W

The Local Government Act 2000 introduced a land is set out in Planning Policy Statement 7 (PPS7): requirement for each local authority to adopt a code of “Sustainable Development in Rural Areas” published conduct for councillors, based on the Model Code of in August 2004. Conduct set by the Government and endorsed by The new Planning Policy Statement 4 (PPS4): Planning Parliament. All councillors have to give a written for Prosperous Economies will not include any policies undertaking to observe the code, or cease to be a on BMV agricultural land. The relevant policies in member of the authority. The current Model Code, PPS7 will continue to apply. introduced in 2007, sets new rules on personal and prejudicial interests. The Code may be viewed at: Planning Permission: Fees and Charges http://www.opsi.gov.uk/si/si2007/uksi_20071159_en_1 The Standards Board for England, the strategic regulator Paul Farrelly: To ask the Secretary of State for for local authority standards committees and the body Communities and Local Government (1) what discretion which works with councillors and conduct regime local authorities have in determining the fees payable by practitioners, issues guidance on the code of conduct. applicants seeking to extend existing planning consents The Standards Board has also issued a paper on for up to three years from 1 October 2009; [293036] predisposition, predetermination and bias. (2) what statutory level of fees is payable by The Department has not issued any guidance for applicants seeking to extend existing planning consents local authority employees. Local authority employees’ by up to three years from 1 October 2009; [293037] behaviour regarding the consideration of planning (3) what recent assessment he has made of the merits applications would be determined by their terms and of setting at £500 the fee charged by local authorities conditions of employment. In addition, the employing applying for an extension to existing planning authority may have a code of conduct for employees permissions for up to three years from 1 October 2009. addressing this issue. The Local Government Association [293038] has issued guidance in “Probity in Planning: The Role of Councillors and Officers - Revised Guidance Note Mr. Ian Austin: Fees are currently set through The on Good Planning Practice for Councillors and Officers Town and Country Planning (Fees for Applications and Dealing With Planning Matters”. This can be viewed Deemed Applications) Regulations 1989 as amended by at: The Town and Country Planning (Fees for Applications http://www.lga.gov.uk/lga/aio/1940404 and Deemed Applications) (Amendment) (England) Regulations 2008. Local authorities are not able to Mrs. Spelman: To ask the Secretary of State for apply discretion to the regulations. Until the fees regulations Communities and Local Government what types of are further amended later this year, the level of fee planning application were not considered by local payable for an application to extend the time limits for planning authorities, prior to the establishment of the implementation of an existing planning permission is as Infrastructure Planning Commission. [292899] it would be for a new application for the same development. When the fees regulations are amended, a reduced fee Mr. Ian Austin: Planning applications under the Town level will be payable. Proposed fee levels, which are and Country Planning Act 1990 are made to the relevant currently under consideration, are for £500 for a major local planning authority. In London, the Mayor has development, £50 for a householder application and powers to take certain planning decisions. The Secretary £170 for any other application. The fee levels will be of State deals with appeals and projects called in for subject to parliamentary debates in both Houses before determination. coming into force. Nationally significant infrastructure projects will in future be considered by the Infrastructure Planning Planning Permission: Parking Commission which will in general replace consents granted by Ministers under a range of different Acts Mrs. Spelman: To ask the Secretary of State for such as the Highways Act 1980, Electricity Act 1989 Communities and Local Government (1) whether section and Transport and Works Act 1992. 51 of Planning Policy Statement 3 on parking overrides the maximum parking standards for residential development Planning Permission: Agriculture contained in the 2001 edition of Planning Policy Guidance 13 on Transport; [292546] (2) what changes his Department and its predecessors Mrs. Spelman: To ask the Secretary of State for have made to (a) minimum and (b) maximum parking Communities and Local Government with reference to standards in planning guidance since 2001; [292621] the answer to the hon. Member for Brentwood and Ongar of 17 October 2007, Official Report, column (3) whether his Department has set any targets to 1339W, on planning: agriculture, what changes there reduce car ownership through the application of have been to planning policy on the protection of the planning policy; [292692] best and most versatile agricultural land since October (4) whether his Department has issued any recent 2007; and whether the new Planning Policy Statement 4 guidance to local planning authorities on the grant of will include further changes to the regime. [293224] planning permission for the construction of new garages for purposes other than the storage of vehicles; Mr. Ian Austin: The have been no changes to planning [292699] policy on the protection of best and most versatile (5) whether an impact assessment was produced to (BMV) agricultural land since October 2007. The accompany (a) the 2000 edition of PPG3 and (b) the Government’s planning policy on BMV agricultural 2001 edition of PPG13; [292808] 1137W Written Answers16 OCTOBER 2009 Written Answers 1138W

(6) if he will make it his policy to amend planning Public Works Loan Board policy guidance to abolish maximum parking standards. [292824] Mrs. Spelman: To ask the Secretary of State for Communities and Local Government whether his Mr. Ian Austin: PPS3 paragraph 51 does not override Department plans to review the costs to local authorities PPG13. Planning Policy Statement 3: Housing (PPS 3) of making early repayments to the Public Works Loan and Planning Policy Guidance Note 13: Transport (PPG Board. [292874] 13) should be read together. The original Planning Policy Guidance Note 3: Housing Barbara Follett: The UK Debt Management Office, (2000) contained a reference to minimum parking for together with the Public Works Loan Board and HM residential units of 1.5 spaces per unit. This policy was Treasury is currently reviewing the frequency with which removed in PPS 3 (2006). PPG 13 makes it clear that fixed interest rates are set. The consultation document there should be no minimum parking standards for is available on the Debt Management Office website at: development, other than for disabled people. The maximum car parking standards in PPG 13 remain unchanged http://www.dmo.gov.uk/ documentview.aspx?docname=PWLB/ since 2001. The requirement for maximum standards condoc20090928.pdf&page= continues in the current draft Planning Policy Statement 4:Planning for Prosperous Economies. Quirk Review The Government have not set any targets to reduce car ownership through planning policy. Mrs. Spelman: To ask the Secretary of State for A specific regulatory impact assessment was not prepared Communities and Local Government which for the 2001 edition of PPG 13. The sustainable site recommendations of the Quirk Review have (a) been location policies set out in PPG 13 are repeated in other and (b) not been implemented. [292999] Planning Policy Statements (including 1, 3 and draft PPS 4) which do have impact assessments. The draft PPS 4 consultation impact assessment considers non- Barbara Follett: “Making Assets Work”, the Quirk residential parking policy issues. The impact assessment Review of Community Management and Ownership of is part of the consultation document available on the Public Assets, was published in May 2007. The Government Communities and Local Government website: accepted its recommendations and published their response http://www.communities.gov.uk/documents/ to the Quirk Review “Opening the Transfer Window”. planningandbuilding/pdf/consultationeconomicpps.pdf Action has been taken to implement all the recommendations and has included a widespread A regulatory impact assessment was produced for promotional campaign; publishing guidance on managing PPS 3, which superseded PPG 3, and is available on the risks in asset transfer; updating local authority asset Communities and Local Government website: management guidance; the Advancing Assets http://www.communities.gov.uk/publications/ demonstration programme to support local authority planningandbuilding/pps3ria and community partners in asset transfer. The Advancing This impact assessment considers residential parking Assets programme is continuing and a dedicated Asset policy issues. Transfer Unit has been established to provide independent guidance, advice and support on asset transfer. Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what planning Rates and Rating applications the Planning Inspectorate has allowed at appeal in the last 12 months where a condition of granting the application included a requirement that Mr. Laurence Robertson: To ask the Secretary of the garage accommodation which formed part of the State for Communities and Local Government what application be kept available for the parking of vehicles assessment he has made of the effects of the rating at all times. [292697] system for on-sale premises on their competitive position in relation to supermarkets; and if he will make a statement. [293651] Mr. Ian Austin: Data in relation to conditions imposed as a result of planning appeals that have been allowed are not held centrally by the Planning Inspectorate and Barbara Follett: We have made no assessment of the could be recovered only at disproportionate cost. effects of the rating system on public houses.

Recycling Public Houses: Postal Services Mrs. Spelman: To ask the Secretary of State for Mrs. Spelman: To ask the Secretary of State for Communities and Local Government what guidance Communities and Local Government how many public his Department issues to local authorities on the treatment houses have post offices facilities within them, of (a) local authority collection of garden waste and according to rating list records held by the Valuation (b) home composting of garden waste for the purposes Office Agency. [293366] of assessing progress towards local authority recycling targets. [292804] Barbara Follett: This information could be provided only at disproportionate cost. Dan Norris: I have been asked to reply. 1139W Written Answers16 OCTOBER 2009 Written Answers 1140W

Local authorities in England no longer have centrally Data provider’s Property Reference Number imposed statutory targets on recycling and composting— Supporting People Administering Authority Reference Number this is consistent with Government policy to give local Confirmation of ownership areas more freedom and flexibility on how they deliver Code of the Owner national objectives. Confirmation of manager The Government believe local authorities are better Data provider’s estate name placed to make decisions on the best waste management Data provider’s estate reference number strategy for their local area, so it does not direct or interfere in the decisions they make. Data provider’s block or scheme name DEFRA has not provided any specific guidance but Data provider’s block or scheme reference number provides a range of targeted support to help local Social Rented Housing Categories authorities deliver their targets through bodies such as Self contained or not self contained the Waste Implementation Programme and the Waste Furnished or unfurnished and Resources Action Programme (WRAP). Valuation WRAP has also been working on a model to calculate Cloned valuation how much waste is diverted from landfill via home Date of valuation composting. The model, once complete, could help Type of dwelling councils include home composting in targets to divert Form of structure biodegradable municipal waste from landfill under the Landfill Allowance Trading Scheme. Number of floors in the dwelling Floor in the block on which the dwelling is located Regional Planning and Development: Green Belt Purpose built or converted Year built Mrs. Spelman: To ask the Secretary of State for Year built is estimate Communities and Local Government in which Type of Construction locations the draft regional spatial strategies submitted Number of private living rooms to his Department recommend a review of green belt Number of bedrooms protection. [292735] Number of bed spaces Mr. Ian Austin: A Regional Spatial Strategy whether Basis for SAP Rating in draft or in its final form issued by the Secretary State Decent Homes Standard date of inspection would not affect the level of protection afforded to Standard of thermal efficiency Green Belt, this is set out in National Planning Policy. Dates occupied Policies in Regional Spatial Strategies may recommend Dates vacated that, in a particular area, there should be a review of Choice based lettings land designated as green belt. Tenure Type Regional Planning and Development: South East Rent payments per year Rent Mrs. Spelman: To ask the Secretary of State for Target rent Communities and Local Government whether his Helpline Department plans to undertake new strategic environmental assessments on the South East Regional Social Rented Housing: Foreigners Spatial Strategy. [292802] Mrs. Spelman: To ask the Secretary of State for Mr. Ian Austin: There are currently a number of legal Communities and Local Government how much and challenges to the south-east regional spatial strategy what proportion of social housing was allocated between which relate to the adequacy of the strategic environmental 2002 and 2007 to tenants who were not born in the assessment that was undertaken and we are awaiting the United Kingdom. [293262] outcome of court proceedings. Social Rented Housing Mr. Ian Austin: This information is not available. Information on the number of social housing lettings Mrs. Spelman: To ask the Secretary of State for is collected through the Continuous Recording of Letting Communities and Local Government what 39 data form (CORE). Place of birth is not recorded. items are recorded for an average property on the For estimates of allocations by nationality, I refer the National Register of Social Housing. [292872] hon. Member to the answer I gave her on 1 September 2009, Official Report, column 1844W. Mr. Ian Austin: The National Register of Social Housing records, on average, 39 data items for each Social Rented Housing: Standards dwelling. The following are the 39 most-recorded data items, as of 6 October 2009. Mrs. Spelman: To ask the Secretary of State for NROSH data item description: Communities and Local Government how much Local Authority Location of Dwelling funding his Department has allocated for achievement National Land and Property Gazetteer Unique Property Reference of the Decent Homes standard in each of the next Number three years. [292876] 1141W Written Answers16 OCTOBER 2009 Written Answers 1142W

Mr. Ian Austin: Decisions on future years’ funding for Sustainable Communities Act 2007 Decent Homes have not yet been taken. Mrs. Spelman: To ask the Secretary of State for Solution Establishment Workshop Communities and Local Government what timetable his Department has set for the (a) consideration and (b) approval of local authority proposals under the John McDonnell: To ask the Secretary of State for Sustainable Communities Act 2007. [292822] Communities and Local Government what the (a) purpose and (b) nature of the Solution Establishment Barbara Follett: The timetable for the consideration Workshop (SEW) set up under FireControl is; when and approval of local authority proposals made under SEW commenced work; what functions SEW has been the Sustainable Communities Act 2007 will be determined assigned; when SEW is expected to complete its work; by the number and complexity of proposals shortlisted and whether he expects outcomes from the SEW by the selector. exercise to be published. [289210] Wind Power: Valuation Mr. Malik [holding answer 12 October 2009]: The purpose of the FireControl Solution Establishment Mrs. Spelman: To ask the Secretary of State for Workshops (SEWs) is to bring together key partners in Communities and Local Government if he will place in the Fire and Rescue Service, the Department and EADS the Library a copy of the Valuation Office Agency’s to design and develop the IT system. The SEWs will guidance and methodology for valuing wind turbines; ensure that the system meets mandatory requirements, and what criteria apply to the inclusion of power the operational needs of the users and builds on the generation in the (a) national and (b) local rating list. work completed so far in order to deliver an effective, [292617] resilient network. The SEWs build on an extensive series of technical workshops which have taken place Barbara Follett: The guidance and methodology for since the project was awarded in 2007. valuing wind turbines for rating purposes is set out in SEWs began work on 22 June 2009 and are scheduled the VOA Rating Manual, which can be found on the to complete their work in November 2009. The outcomes VOA website: from the SEW exercise will be communicated to key http://www.voa.gov.uk/instructions/chapters/rating_manual/ stakeholders. vol5/sect530/frame.htm Since April 2000 power generators have appeared in Surrey Police: Council Tax local rating lists. The identity of the occupier, the purpose of occupation and the extent of property occupied is generally straightforward and normally within a small Mrs. Spelman: To ask the Secretary of State for geographical area and a single billing authority. Communities and Local Government what outturn The central rating list contains network properties total Band D council tax bill was levied in each billing such as the Transco gas networks and the clean water authority in Surrey in 2009-10 following the capping of supply companies, these hereditaments cover large areas Surrey Police Authority. [292545] and numerous administrative boundaries. Barbara Follett: Details of the average band D council Working Conditions tax payable in 2009-10 in each billing authority in Surrey following the designation of the Surrey police Mrs. Spelman: To ask the Secretary of State for authority are shown in the table. Communities and Local Government if he will place in the Library a copy of the guidelines given to staff of £ his Department on the flexi-desk environment in [292755] Elmbridge 1,483 operation in his Department. Epsom and Ewell 1,442 Barbara Follett: Communities and Local Government Guildford 1,447 adopted a core brief for all staff moving to flexible Mole Valley 1,438 desking and applied small modifications to this if a Reigate and Banstead 1,482 Directorate should have any particular needs. Runnymede 1,416 Spelthorne 1,450 Briefings material issued to the Human Resources Directorate have been lodged in the Library of the Surrey Heath 1,482 House as an example. Tandridge 1,484 Waverley 1,482 Woking 1,483 CULTURE, MEDIA AND SPORT The information is also available in table 6 of the statistical release “Council Tax levels set by local authorities Casinos in England 2009-10 (Revised)” that was published on the Communities and Local Government website on 30 Mr. Ellwood: To ask the Secretary of State for July and is available at the following link: Culture, Media and Sport what assessment he has http://www.communities.gov.uk/localgovernment/ made of progress in establishing a casino in each of the localregional/localgovernmentfinance/statistis/counciltax/ local authority areas where (a) a large and (b) a small rates/ casino is permitted. [293853] 1143W Written Answers16 OCTOBER 2009 Written Answers 1144W

Mr. Sutcliffe: Officials attend regular meetings with South, were first informed of the recent announcement the 16 licensing authorities permitted to issue large and of proposals for the sale of the Tote. [293845] small casino premises licences in order to provide advice and support where it is requested by them. It remains Mr. Sutcliffe: Discussions on possible plans to realise up to the individual licensing authorities to decide when the full value of various assets, including the Tote, have to announce their process and timetable for applications been taking place over the last few weeks. A decision in for the new premises licences. principle was made by Ministers to include the Tote in the list of assets to be sold on 23 September 2009, Horse Racing: Betting subject to agreement by colleagues. Licensing Laws: Languages Mr. Laurence Robertson: To ask the Secretary of State for Culture, Media and Sport what recent progress has been made in relation to the modernisation of the Mr. Ellwood: To ask the Secretary of State for Culture, Horse Race Betting Levy; what progress he expects to Media and Sport what information his Department be made in the next three months; and if he will make a holds on the number of languages in which tests related statement. [293749] to obtaining a personal licence for the retail sale of alcohol are administered. [293854] Mr. Sutcliffe: The recently ratified 49th Levy scheme will bring some much needed stability and certainty for Mr. Sutcliffe: The Department’s criteria for accredited the racing and bookmaking industries. They must now personal licence course providers do not stipulate that build on this momentum to work together for the examinations must be taken in languages other than benefit of racing and come to their own agreements English. Course providers are free to make a commercial rather than relying on Government to adjudicate. I am decision to allow the examination to be taken in other very pleased Paul Lee has taken on the role of Levy languages if there is a demand for such a service. Board chair as I believe he will provide the kind of leadership needed to proceed with modernising the Levy. I am meeting him shortly and look forward to DEFENCE hearing his thoughts on the next steps. Aircraft Carriers Horserace Totalisator Board Mr. Hoyle: To ask the Secretary of State for Defence Mr. Laurence Robertson: To ask the Secretary of what estimate has been made of the number of (a) State for Culture, Media and Sport (1) what recent direct and (b) indirect jobs in the supply chain which representations he has received from organisations would be created as a result of the construction of the interested in buying the Tote; and if he will make a two proposed new aircraft carriers; what information statement; [293745] his Department holds on the number of such jobs (2) how much his Department has spent on which would be created in each constituency; and if he consultancy fees in relation to the sale of the Tote; how will make a statement. [293221] much he expects to spend on such fees; and if he will make a statement; [293746] Mr. Quentin Davies: It is anticipated that work on the Queen Elizabeth Class Aircraft Carriers will create or (3) whether he plans to guarantee the jobs of Tote sustain between 7-8000 jobs at the Tier 1 shipyards in staff on the sale of the Tote; and if he will make a Glasgow, Rosyth, Portsmouth and Devon. We do not statement; [293747] hold information relating to the number of indirect jobs (4) if he will take steps to ensure that the internet or the breakdown of jobs in each constituency.Throughout services provided by the Tote are not transferred the supply chain we expect companies to employ local abroad on the sale of the Tote; and if he will make a people thereby boosting local economies across the UK. statement. [293748] Cyprus: Military Bases Mr. Sutcliffe: The arrangements for the sale of the Tote are yet to be determined and discussions are Andrew Rosindell: To ask the Secretary of State for continuing with all the relevant parties. The present Defence what green technologies have been installed in intention is that the sale process itself will not start until the Sovereign Base Areas of Akrotiri and Dhekelia. summer 2010 with a latest completion date of March [293299] 2011. We expect to be able to give further details on the process in the next few months. Mr. Kevan Jones: All Service family accommodation The Government’s position remains that we will honour built in the last 15 years and all new single living our commitment to return half of the net proceeds of accommodation in Cyprus includes green technology in any market sale to racing subject to the requirements of the form of solar panels to provide supplementary European state aid and competition rules. I am unable heating of hot water. These panels are also fitted into to disclose commercially confidential or sensitive older properties where it is cost effective to do so. information about the valuation of the tote or prospective A number of other environmental initiatives are in Government payments to agents. place within the Sovereign Base Area, including the installation of showers in all new-builds to conserve Mr. Ellwood: To ask the Secretary of State for Culture, water, designing buildings to maximise thermal efficiency Media and Sport when (a) he and (b) the Parliamentary thereby minimising the requirement for air conditioning, Under-Secretary of State, the hon. Member for Bradford and a recycling service. 1145W Written Answers16 OCTOBER 2009 Written Answers 1146W

Israel: Military Aid Mr. Kevan Jones: The Army has taken a number of savings measures in order to stay within agreed funding allocation for this financial year. As part of these savings, Clare Short: To ask the Secretary of State for all University Officer Training Corps (UOTC) cadet Defence what official links there are between UK and and volunteer instructor pay will cease until April 2010. Israeli armed forces; and if he will make a statement. This will generate savings of £3 million. [293011] It is hoped that the majority of core training activity, specifically the Military Leadership and Development Bill Rammell: Our defence relationship with Israel is Programme, will continue on a voluntary basis. in line with HMG’s policy in support of the Middle Undergraduates and volunteer instructors will continue East Peace Process of having a balanced relationship to be reimbursed for travel and subsistence costs. with the Israelis and the Palestinians. We periodically have formal strategic level dialogue and engagement Non-core training activities may also continue on a with Israeli military and civilian defence staff counterparts, voluntary basis at the discretion of Commanding Officers including some direct contact in support of our equipment subject to the availability of volunteer instructors. procurement programmes. Wind Power Radar: Wind Power Danny Alexander: To ask the Secretary of State for Defence with reference to the answer of 11 March Danny Alexander: To ask the Secretary of State for 2008, Official Report, column 296W, on wind power, to Defence pursuant to the answer of 1 April 2008, which wind farm proposals his Department has Official Report, column 797W, on radar: wind power, objected since January 2008; and for what reasons in how many pre-planning applications his Department each case. [293342] had objected to on the grounds of interference with defence equipment on the latest date for which figures Mr. Kevan Jones: Since January 2008 the Ministry of are available; how many such applications related to Defence (MOD) has objected to 52 wind farm planning sites in Scotland; and how many such applications in applications, the details of which are recorded in the (a) the UK and (b) Scotland were subsequently following table. withdrawn. [293446] Site name Planning authority Reason for MOD objection

Mr. Kevan Jones: Between January 2006 and 7 October 2008 Waun Garno Powys County Unacceptable restriction 2009, the Ministry of Defence has been consulted on Council on operational low flying 3,502 pre-planning applications and has expressed concerns East Skichen Angus Council Interference with air to 1,054 of the pre-planning applications on the grounds traffic control (ATC) of interference with defence equipment and or operations. radar Of those concerns, 233 are related to onshore sites in Dusty Drum Angus Council Interference with ATC Scotland. Information appertaining to applications that radar have been withdrawn is not held centrally and could North Hall East Riding Interference with ATC Council radar only be provided at disproportionate cost. Redland Caradon County Interference with ATC The following table provided illustrates each years Council radar total number of pre-planning applications. Hook Moor Leeds City Council Interference with ATC radar Chittering South Interference with ATC Total number of pre- Cambridgeshire radar applications Concerns District Council 2006 731 343 Gwyndy Isle of Anglesey Interference with ATC Quarry Gaia 1 radar 2007 802 327 French Farm Peterborough City Interference with ATC 2008 1037 320 Council radar 2009 932 64 Rothes Scottish Interference with ATC Extension Government radar Typically assessments take several months to complete Little White Kerrier District Interference with Fleet due to the complexity of each individual assessment Alice Council radar and the volume of pre-planning applications consulted Kingsthorpe West Lindsey Interference with ATC on. As a result 846 pre-planning applications submitted stables District Council radar Withernwick East Riding Interference with air in 2008-09 are currently undergoing assessment. It is Council defence (AD) radar likely that concerns will be raised for some of these The Firs Aberdeenshire Interference with AD outstanding pre-applications. However, where concerns Council radar are raised, mitigation options will be suggested to the Brunel Hillingdon London Interference with ATC developer where possible. University Borough radar Maer Hills Newcastle under Interference with ATC Lyme Borough radar University Officer Training Corps Council Woodside Moray Council Interference with ATC Farm radar and statutory Ann Winterton: To ask the Secretary of State for safeguarding concerns Defence what plans he has for the operation of the Everest Hampshire County Interference with ATC University Officer Training Corps in the next six Community Council radar College months. [293150] 1147W Written Answers16 OCTOBER 2009 Written Answers 1148W

Site name Planning authority Reason for MOD objection Site name Planning authority Reason for MOD objection

Briar Lodge North Shropshire Interference with ATC Infinis Fife Council Interference with Met District Council radar Westfield Office radar Bower Hinton South Somerset Interference with Fleet District Council radar 2009 Todd Hill Castle Morpeth Interference with threat Borough Council radars Monynut Scottish Interference with AD Government radar Close Farm Hambleton District Interference with ATC Council radar Trevena Cross Kerrier District Interference with Fleet MOD only objects to planning applications for wind Nurseries Council radar farms where it is essential to do so. All wind farm Race Bank Department of Interference with AD applications that we assess are subject to individual Energy and Climate radar consideration. We consider a range of factors such as Change safety or the impact on Air Defence or Air Traffic Neslam Farm South Kesteven Interference with ATC Council radar radars and objections will only be lodged against planning Greenacre Kerrier District Interference with Fleet applications if the operational impact is assessed as Council radar being unmanageable. Even where concerns are raised, Docking Department of Interference with ATC mitigation options will be suggested to the developer Shoal Energy and Climate radar where possible. Change Linton Uttlesford District Interference with ATC Council, South radar Cambs District Council ENERGY AND CLIMATE CHANGE Cloffrickford Aberdeenshire Interference with Met Council Office radar Heysham Lancaster City Interference with ATC Coal: Industrial Health and Safety Council radar Sycamore North Kesteven Interference with ATC Farm District Council radar John Mann: To ask the Secretary of State for Energy Howe Hills Durham County Interference with ATC and Climate Change how many (a) live optional risk Wind Farm Council radar offer scheme and (b) dead optional risk offer scheme Burnthouse Fenland District Interference with ATC coal health compensation scheme applications have radar been made by the 50 solicitors’ firms which have made Dun Law II East Lothian Interference with threat the highest number of each type of claim. [292010] Council radar Woodlane Selby District Interference with ATC Council radar Mr. Kidney: Number of awards made under the Live Carnebone Cornwall Council Interference with Fleet Optional Risk Offer Scheme (LOROS) and Dead Optional radar Risk Offer Scheme (DOROS) for Chronic Obstructive Dusty Drum Angus Council Interference with ATC Pulmonary Disease (COPD) claims submitted by the 50 radar highest claimants’ representatives under the coal health Solwaybank Dumfries and Unacceptable restriction compensation scheme is shown in the following tables Galloway Council on low flying, interference with ATC as at 4 October 2009. radar Coal compensation claims where applications have been made under the LOROS Bishopwood Selby District Interference with ATC scheme Council radar and statutory Chronic Obstructive Pulmonary Disease safeguarding concerns Total LOROS Branston Lincolnshire Interference with ATC Claimants’ representatives Location claims Community County Council radar College Beresfords Solicitors Doncaster 11,104 Baumber East Lindsay Interference with ATC Browell Smith and Co Newcastle Upon Tyne 6,414 District Council radar Raleys Solicitors Barnsley 5,740 Llwchyrhal Ceredigion Interference with ATC Union of Democratic Mansfield 4,627 Uchaf radar Mineworkers St. Ivo Huntingdon Interference with ATC Thompsons Solicitors Newcastle Upon Tyne 4,318 Outdoor District Council radar Centre Hugh James Respiratory Disease Dept 3,743 Rosewain Allerdale Borough Interference with NATS Avalon Solicitors Warrington 3,379 Farm Council radar (military) and Watson Burton LLP Newcastle Upon Tyne 3,117 threat radar Graysons Solicitors Sheffield 2,673 H&H Celcon East Riding of Interference with ATC Beresfords Solicitors Doncaster (Scottish 1,499 Yorkshire radar Claims) Auckland Wiltshire Council Interference with ATC Delta Legal Manchester 1,471 House radar Barber and Co Liverpool 1,446 Saughmont Angus Council Interference with ATC Gorman Hamilton Newcastle Upon Tyne 1,249 radar Solicitors CleekHall Selby District Interference with ATC TLW Solicitors North Shields 1,242 Council radar Thompsons Solicitors Edinburgh - Scottish 1,215 Saywell Boston Borough Interference with ATC Claims Only Council radar Beresfords Solicitors Doncaster (UDM Only) 1,172 Carlesgill Dumfries and Interference with threat extension Galloway Council radar and Eskdalemuir Corries York York 1,007 Seismological Recording Randell Lloyd Jenkins Llanelli 933 Station and Martin 1149W Written Answers16 OCTOBER 2009 Written Answers 1150W

Coal compensation claims where applications have been made under the LOROS Coal compensation claims where applications have been made under the DOROS scheme scheme Chronic Obstructive Pulmonary Disease Chronic Obstructive Pulmonary Disease Total LOROS Total DOROS Claimants’ representatives Location claims Claimants’ representatives Location claims

Corries Solicitors Glasgow - Scottish Claims 833 Mark Gilbert Morse Newcastle Upon Tyne 1,707 Only Randell Lloyd Jenkins Llanelli 1,578 Ingrams Solicitors Hull - COPD Only 802 and Martin Moss Solicitors Loughborough 760 Hilary Meredith Wilmslow 1,483 Kidd and Spoor Harper Newcastle Upon Tyne 721 Solicitors Solicitors Ingrams Solicitors Hull - COPD Only 1,330 Towells Solicitors Wakefield 702 Watson Burton LLP Newcastle Upon Tyne 1,282 Ashton Morton Slack Sheffield 672 Corries York York 1,201 LLP 1 Legal Solicitors Swansea 1,197 Birchall Blackburn Preston 660 Onyems and Partners Essex 927 1 Legal Solicitors Swansea 620 Bailey Bravo Jobling London 880 Hilary Meredith Wilmslow 608 Ryan Carlisle Thomas Victoria 783 Solicitors Lawyers Ashton Morton Slack AMS UDM Claims Only 587 Beresfords Solicitors Doncaster (Scottish 772 LLP Claims) Saffmans Solicitors Leeds 470 Graysons Solicitors Sheffield 734 Moss Solicitors Moss UDM Claims Only 465 Corries Solicitors Glasgow - Scottish Claims 700 Shaw and Co Solicitors Doncaster 426 Only Atteys Rotherham 417 Mark Gilbert Morse Newcastle Upon Tyne 691 (Scottish Only) O H Parsons and London 412 Partners Solicitors Cordner Lewis Solicitors Cardiff 686 Recompense Limited Totnes 399 TLW Solicitors North Shields 676 Bailey Bravo Jobling London 389 Kidd and Spoor Harper Newcastle Upon Tyne 628 Solicitors Latham and Co Solicitors Leicester 363 Birchall Blackburn Preston 576 Morisons Solicitors Edinburgh - Scottish 344 Claims Only Wake Smith and Tofields Sheffield 539 Solicitors BHP LAW Belmont 339 Recompense Limited Totnes 514 Simpson Millar Solicitors Leeds 335 McConville O’Neill Glasgow - Scottish 403 Onyems and Partners Essex 312 Solicitors McConville O’Neill Glasgow - Scottish 299 Atteys Rotherham 327 Solicitors Simpson Millar Solicitors Leeds 319 Irwin Mitchell Solicitors Sheffield 288 Raleys Solicitors Barnsley (Scottish Claims) 300 Meloy Whittle Robinson Preston 286 SIS Law Menai Bridge 288 BRM Solicitors Chesterfield 282 MK Legal LLP Solicitors Milton Keynes 226 Avalon Solicitors Manchester (Scottish 277 Gorman Hamilton Newcastle Upon Tyne 216 Only) Solicitors Oxley and Coward Rotherham 228 Union of Democratic Mansfield 213 Solicitors Mineworkers Mortons Solicitors Sunderland 199 Meloy Whittle Robinson Preston 197 Cordner Lewis Solicitors Cardiff 184 Shaw and Co Solicitors Doncaster 182 Mark Gilbert Morse Newcastle Upon Tyne 173 Irwin Mitchell Solicitors Sheffield 177 Gorman Hamilton Newcastle - SPSSG only 157 Moss Solicitors Loughborough 175 Solicitors Irwin Mitchell Solicitors St Peters House (Scottish 172 Total 70,358 COPD claims only) Corries Solicitors York Scottish claims only 156 Coal compensation claims where applications have been made under the DOROS MLM Solicitors Cardiff 145 scheme Marrons Solicitors Newcastle Upon Tyne 141 Chronic Obstructive Pulmonary Disease Wake Smith and Tofields Sheffield - UDM Claims 135 Total DOROS Solicitors Only Claimants’ representatives Location claims T S Edwards and Son Ystrad Mynach 129 Solicitors Beresfords Solicitors Doncaster 16,337 Total 95,793 Hugh James Respiratory Disease Dept 11,021 Raleys Solicitors Barnsley 9,564 Avalon Solicitors Warrington 9,087 John Mann: To ask the Secretary of State for Energy Barber and = Co Liverpool 5,125 and Climate Change how much his Department has Browell Smith and Co Newcastle Upon Tyne 4,486 paid in probate costs in relation to the coal health Delta Legal Manchester 4,214 compensation scheme to each firm of solicitors Thompsons Solicitors Newcastle Upon Tyne 3,701 operating for claimants in (a) Bassetlaw constituency Avalon Solicitors Manchester (Scottish 2,696 Only) and (b) England and Wales; and how many such BRM Solicitors Chesterfield 2,394 claims for probate costs have been received. [292533] Thompsons Solicitors Edinburgh - Scottish 2,256 claims only Mr. Kidney: I will place in the Libraries of the House Ashton Morton Slack Sheffield 2,127 tables which show how much in probate costs the LLP Department has paid out under the coal health 1151W Written Answers16 OCTOBER 2009 Written Answers 1152W compensation schemes in respect of Bassetlaw constituency Joan Ruddock [holding answer 9 September 2009]: and in England and Wales as at 4 October 2009. The Gas Act 1986 (as amended), which amongst other There were no probate costs in Bassetlaw constituency things set up the gas regulatory bodies, exempted heating under the Vibration White Finger scheme. oil and liquefied petroleum gas (LPG) from its provisions. The Gas Act principally addressed the issues of setting The figures reflect probate costs that were paid after up a regulatory regime to ensure that the national May 2006. Prior to this date probate costs were not transmission system for gas users was not exploited. In recorded separately and the Department is unable to contrast, there is no natural monopoly in the transport report on them. The Department is unable to provide of heating oil or LPG by road. The heating fuels market the number of claims made for probate costs as these operates with a number of distributors competing for are also not recorded separately. supply using alternative supply sources. In that sense, it is broadly similar to other products such as diesel and Departmental Buildings: Energy petrol. The Department therefore has no plans for the economic regulation of the heating fuels sector. Greg Clark: To ask the Secretary of State for Energy The Renewable Heat Incentive (RHI) which will and Climate Change if he will place in the Library a encourage the uptake of renewable heat generation, to copy of the (a) display energy certificate and (b) meet our renewable energy and carbon targets, will be advisory report for public buildings issued in respect of funded through a levy on suppliers of fossil fuel for each property occupied by (i) the Coal Authority, (ii) heat. It is intended that the scheme will be introduced the Nuclear Decommissioning Authority, (iii) the from April 2011 with the detail of the scheme being set United Kingdom Atomic Energy Authority, (iv) the out in secondary legislation under Section 100 of the Advisory Committee on Carbon Abatement Energy Act 2008. Technologies, (v) the Fuel Poverty Advisory Group, Housing: Carbon Emissions (vi) the Renewables Advisory Board, (vii) the UK Chemical Weapons Convention National Authority Advisory Committee, (viii) the Committee on Climate Mr. Evans: To ask the Secretary of State for Energy Change, (ix) the Committee on Radioactive Waste and Climate Change what steps his Department has Management and (x) the Office of Gas and Electricity taken to assist park home residents to reduce their (a) Markets. [289840] carbon dioxide emissions and (b) heating bills. [293635] Joan Ruddock: It is difficult to reduce the carbon Mr. Kidney: Copies of the display energy certificate emissions and heating bills of park homes due to the (DEC) and advisory report for buildings occupied by lack of scope for key energy efficiency measures, such as the Nuclear Decommissioning Authority and Ofgem cavity wall and loft insulation. Where scope does exist, will be placed in the Libraries of the House. A display such as through draught-proofing and high-efficiency energy certificate and advisory report for the Coal lights and appliances, assistance is available to park Authority’s headquarters in Mansfield is awaited and homes residents through schemes such as the Carbon will be placed in the Library as soon as they are available. Emissions Reduction Target and Warm Front. A display energy certificate (DEC) rating has not Warm Front is currently working in partnership with been completed for the building that the CCC currently a gas distributor and a local residents association to occupies. If and when it is conducted, the CCC will enable 61 residents of Elm Tree caravan park in Hartlepool send it to the House Libraries for display. The decision to be connected to the mains gas network. This project over whether to apply for a DEC rating for the building meant these homes, previously utilising liquid petroleum is up to the building manager and the CCC has no gas, coal or forms of electric heating, reduced their jurisdiction over this. The CCC recently had an energy likely energy bills and likely carbon consumption. The performance certificate produced for its offices. The project considerably reduced the otherwise prohibitive CCC’s offices were awarded an E-rating for energy cost that had prevented each park home individually efficiency. Copies of the energy performance certificate connecting to the gas network. have been placed in the Libraries of the House. The Warm Front scheme has also begun a piloting The Advisory Group on Carbon Abatement exercise of external wall insulation for 100 park home Technologies, Fuel Poverty Advisory Group, Renewables properties. If this trial is successful, then this may be Advisory Board, the UK Chemical Weapons Convention included as a main measure offered through the scheme. National Authority Advisory Committee and the Free expert advice on practical ways to save energy in Committee on Radioactive Waste Management do not the home is also available through the ACT ON C02 occupy their own property. advice line. The Department for Business, Innovation and Skills has lead responsibility for the UK Atomic Energy Authority. Warm Front Scheme UKAEA does not have any properties which fall within the requirements of the legislation. Bob Spink: To ask the Secretary of State for Energy and Climate Change what recent estimate he has made Heating: Fuels of the proportion of the referrals generated by the Warm Front marketing team which are second surveys. [293441] Mr. Charles Kennedy: To ask the Secretary of State for Energy and Climate Change whether he plans Mr. Kidney: Warm Front has assisted 2,069,069 further regulation of the heating fuels sector; and if he households to date (30 September 2009), of which will make a statement. [290882] 0.5 per cent. (10,725) have received a second survey. 1153W Written Answers16 OCTOBER 2009 Written Answers 1154W

Bob Spink: To ask the Secretary of State for Energy implementing statutory measures to control bovine and Climate Change what criteria were used to assess tuberculosis in each of the next five years; and what the (a) cost-effectiveness and (b) reliability of Ideal estimate he has made of the likely reduction in such ISAR (i) 24HE and (ii) 30He condensing boilers for use costs consequent on control measures introduced by by Eaga plc under the Warm Front scheme. [293444] his Department. [293848]

Mr. Kidney: The Ideal ISAR 24HE and 30HE boilers Jim Fitzpatrick: Forecasting spend on bovine TB is were approved by DECC’s predecessor Department, extremely difficult not least because there has often DEFRA, for use on the Warm Front Scheme at the been significant year to year fluctuations in the number start of the current phase of the scheme in 2005. of infected cattle disclosed through testing and The Ideal ISAR boiler and other boilers were reviewed slaughterhouse surveillance. Spend on testing and by the Grant Aided Installer Network (GAIN) who compensation forms a major part of our TB control concluded that the ISAR range of boilers was the most costs—future spend in these areas is highly dependent reliable and cost effective on the market at the time. on the number of TB infected cattle disclosed and Eaga, the scheme manager, and the Department prevailing open market prices for cattle (since compensation continually reviews feedback from customers, installers, paid through table valuations is directly linked to open inspectors and the scheme aftercare providers to identify market prices). major reliability issues with any of the products used on the scheme. Dan Rogerson: To ask the Secretary of State for Environment, Food and Rural Affairs when the Bob Spink: To ask the Secretary of State for Energy requirement under EU Directive 64/432/EEC that all and Climate Change what representations he has farms in a country where bovine tuberculosis (bTB) is received on Eaga plc’s commercial interest in Warm greater than one per cent. of the cattle herd be tested Sure Ltd. in relation to the Warm Front Scheme. for bTB annually was abandoned. [293855] [293445] Jim Fitzpatrick: EU Directive 64/432/EEC requires Mr. Kidney: The use of WarmSure for the provision annual testing where bTB prevalence is greater than 1 of Warm Front aftercare services was agreed with Eaga per cent. in a ’defined area’. Historically, England has as part of their contract with DECC to deliver the used parishes (not the country as a whole) as the Warm Front Scheme. defined area for setting TB testing intervals, and these It is not possible to provide information on third have been reviewed annually. party representations specifically in relation to Eaga’s In accordance with a recommendation from the TB commercial interest in WarmSure, without incurring Eradication Group for England we are developing a disproportionate cost. new approach for determining routine TB testing intervals, that more effectively takes account of local TB risks. While this work is ongoing, an interim regime will be in place from 1 January 2010. ENVIRONMENT, FOOD AND RURAL AFFAIRS Bottles: Recycling Dan Rogerson: To ask the Secretary of State for Environment, Food and Rural Affairs what the cost to Mr. Marsden: To ask the Secretary of State for his Department and its predecessor of (a) compensation Environment, Food and Rural Affairs what assessment paid directly to farmers for removal of animals, (b) he has made of the merits of a national bottle deposit veterinary tuberculin testing, (c) haulage for removal scheme in reducing littering. [293628] of animals, (d) abattoir and official veterinary surgeon services in respect of slaughter, (e) on-farm slaughter, Dan Norris: In December 2008 DEFRA published a (f) disposal and incineration and (g) valuation fees report looking at the features of packaging deposit was in respect of the implementation of statutory testing systems and the role they might play in increasing and slaughter under bovine tuberculosis regulations of recovery and recycling and reducing littering in the UK. (i) cattle classed as bovine tuberculosis reactors, The report found little hard evidence to suggest that inconclusives or dangerous contact animals and (ii) all deposit schemes reduce littering and thought that the other mammals (A) between 1986 and 1996 and (B) major impact of such a scheme would be to divert since 1997. [293860] packaging from waste bins to recycling bins. Jim Fitzpatrick: The following table provides a summary Overall, the report concluded that resources could be of TB related expenditure incurred by DEFRA in relation more effectively used in improving current systems than to compensation, testing, haulage/disposal of livestock in developing a parallel one for deposits on packaging. compulsorily slaughtered on TB control grounds, and Improving household collections and developing the valuers’ fees. The way in which financial data has been away from home recycling infrastructure are likely to be collected/collated means that we are not able to provide more cost-effective in increasing recycling and tackling a detailed breakdown of spend, in the form you have litter. requested, for the years prior to 1999. Bovine Tuberculosis: Disease Control I am unable to provide details of Government staff costs related to ’in-abattoir’ controls: policy responsibility Dan Rogerson: To ask the Secretary of State for for a key element of this work (verifying that meat is fit Environment, Food and Rural Affairs what estimate he for human consumption) rests with the Food Standards has made of the cost to the public purse of Agency, rather than DEFRA. Also, the costs of on-farm 1155W Written Answers16 OCTOBER 2009 Written Answers 1156W slaughter for the small minority of cattle unfit to be sent electricity, (ii) heat, (iii) water and sewerage services to licensed abattoirs are not recorded separately. and (iv) disposal of waste on the latest date for which figures are available; what proportion of such (A) (£ million) electricity and (B) heat was from renewable sources; Compensation Haulage / Cattle what the weight was of such waste; what proportion of paid1 Disposal Valuers fees testing2 such waste was recycled; at what cost such waste was 2007 13.6 1.3 0.0> 32.6 recycled; and what area of office floor space (1) his Department and (2) its agencies own or lease. [290456] 2006 16.4 1.2 0.2 37.7 2005 31.4 1.0 0.5 35 Dan Norris: The following amounts were spent on 2004 23.7 0.9 0.4 36.4 energy and water in 2007-08. 2003 25.7 0.7 0.5 33.2 2002 21.7 0.7 0.4 24.7 Cost (£) 2001 4.6 0.2 0.1 5.4 Organisation Electricity Gas Oil Water 2000 5.7 0.5 0.1 13.3 1999 3.4 0.1 0.1 17.6 DEFRA 1,171,745 199,292 29,101 89,651 1998 3.6 — — 7.3 Animal 192,356 59,655 9,853 58,152 1997 2.4 — — 5.5 Health 1996 2.3 — — — MFA 15,379 3,986 2,034 2,820 1995 2.0 — — — RPA 537,396 113,370 18,277 72,001 1994 2.0 — — — CEFAS 379,799 90,529 0 165,069 1993 2.1 — — — FERA 1,198,146 460,979 291 81,782 (formerly 1992 0.7 — — — CSL) 1991 0.7 — — — VLA 1,352,292 996,636 229,056 117,190 1990 1.1 — — — Total 4,847,113 1,924,447 288,612 586,665 1989 0.6 — — — 1988 0.4 — — — Data for 2008-09 have not yet been verified by OGC 1987 0.5 — — — therefore cannot be released. 1986 0.3 — — — DEFRA is unable to identify the cost for waste 1. Compensation includes payments to farmers for ’reactors’ and disposal and recycling as this activity is part of a ’direct contact’ animals which are compulsorily slaughtered, and non-bovine species. composite facilities management contract specifically 2 Cattle testing—the cost of carrying out the testing of cattle for TB engineered to offer value for money, accordingly the by arranging, assessing and monitoring tests, conducting investigations individual costs for waste disposal and recycling are not of incident herds and diagnostic testing by Local veterinary Inspectors identified. Similarly, the costs of recycling and recovered across GB. waste set out below are not individually identifiable. Notes: 1. Data from 1999 has been taken from the DEFRA Oracle Financial In 2007-08 55.9 per cent. of electricity purchased was System. Information pre1999 has been taken from the respective from renewable sources. DEFRA did not purchase any annual reports of the Chief Veterinary Officer. gas/heat from renewable sources. 2. Data is provisional and subject to change. 3. DEFRA holds the testing budget for the whole of GB. The DEFRA estate generated 4,816 tonnes of waste, 4. The 1997 figure is for the calendar year - figures for 1998/99 29 per cent. of the waste was recycled (recycled, composted, onwards are per financial year. re-used externally). 5. Valuers’ fees - expenditure in 2007 and 2008 was below £100,000. It should be noted that DEFRA incinerates With regards to livestock disposal costs, no such approximately 30 per cent. of its waste, from which estimate has been made. For most cattle compulsorily significant quantity of heat and energy is recovered. slaughtered on TB control grounds, DEFRA has received Current Sustainable Development Commission reporting a net payment from abattoirs rather than incurred a does not acknowledge energy recovery from waste cost. incineration as recycling or waste recovery under current MHS officials inspect carcasses of such cattle when Sustainable Operations on the Government Estate (SOGE) slaughtered in licensed abattoirs, a small proportion of guidelines. It is expected that energy recovered from TB affected cattle are condemned as unfit for human incineration will be included in future SOGE targets. consumption e.g. if TB lesions are identified in more DEFRA recovers 60 per cent. of the waste generated than one part of the carcase. In such cases DEFRA (recycled, composted, reused externally, incinerated with does makes a payment to the abattoir to cover its energy recovery). disposal costs. It is not possible to provide details of DEFRA and its core Executive agencies own and slaughter costs in the form requested: typically an abattoir lease 230,000 square metres of office space. will receive batches of cattle being slaughtered on disease control grounds rather than single animals—if one (or more) of these animals is condemned, the cost to DEFRA Departmental Energy will be offset by the total salvage value received from those passed as fit for human consumption. Greg Clark: To ask the Secretary of State for Environment, Food and Rural Affairs if he will place in Departmental Buildings the Library a copy of the (a) display energy certificate and (b) advisory report for public buildings issued in Simon Hughes: To ask the Secretary of State for respect of each property occupied by (i) the Forestry Environment, Food and Rural Affairs how much (a) Commission and (ii) the Office of Water Services. his Department and (b) its agencies spent on (i) [289928] 1157W Written Answers16 OCTOBER 2009 Written Answers 1158W

Dan Norris: There are no Display Energy Certificates All farm types in Forestry Commission buildings in England as they (£ per farm) have all been assessed as outside the requirement for a England Cumbria certificate. In almost all cases this is due to the buildings Farm Farm having a useful floor area of less than 1,000 square March/ Net farm business Net farm business metres. February income income income income Ofwat are in the process of obtaining a display energy 2007-08 38,600 48,100 17,800 25,600 certificate and advisory report. These will be published 2006-07 26,700 34,400 6,700 15,600 by the Office of Government Commerce when available 2005-06 21,100 28,600 19,100 18,500 and a copy will be placed in the Library. 2004-05 21,200 28,300 18,400 18,600 2003-04 29,500 36,800 17,800 18,400 2002-03 16,600 n/a 14,000 n/a Dogs: Quarantine 2001-02 14,900 n/a 22,800 n/a 2000-01 10,600 n/a 14,300 n/a Bob Russell: To ask the Secretary of State for 1999-2000 8,700 n/a 9,100 n/a Environment, Food and Rural Affairs if he will relax 1998-99 11,500 n/a 10,600 n/a the quarantine rules in respect of rescue dogs returning 1997-98 15,200 n/a 14,500 n/a to the UK from service overseas; and what Source: representations he has received in respect of the Business Survey, England quarantine of rescue dog Darcy of the urban search LFA grazing livestock and rescue section of the Essex fire and rescue service. (£ per farm) [293847] England Cumbria Farm Farm Jim Fitzpatrick: The Government recognises the excellent March/ Net farm business Net farm business work carried out by search and rescue dogs in responding February income income income income to overseas disasters, such as the recent earthquake in 2007-08 5,000 10,400 6,000 9,800 Indonesia, and their rapid and valuable response to 2006-07 6,100 10,500 2,200 8,800 such emergencies. 2005-06 11,800 15,800 15,700 15,100 We also appreciate the difficulty the current quarantine 2004-05 13,400 16,200 19,600 18,900 requirements cause for owners of these rescue dogs, 2003-04 15,000 17,400 17,500 16,200 particularly the rule requiring that dogs coming into the 2002-03 17,700 n/a 20,100 n/a UK from certain countries, including Indonesia, are 2001-02 7,400 n/a 17,700 n/a placed in quarantine on their arrival. This long standing 2000-01 5,900 n/a 14,200 n/a rule is in place to protect the UK from the incursion of 1999-2000 5,600 n/a 10,700 n/a serious diseases such as rabies. 1998-99 6,200 n/a 12,400 n/a DEFRA has not received any formal representation 1997-98 12,700 n/a 21,500 n/a in respect of the rescue dog Darcy. However, we are Source: happy to consider ways to support rescue dogs, consistent Farm Business Survey, England with the law and the overriding need to protect the UK Note: population from disease. The Farm Business Survey sample covers businesses with a Standard Labour Requirement (SLR) of at least 0.5, i.e. a size considered sufficient to occupy a farmer for at least half their time. Farmers: Income Hill Farming

Tim Farron: To ask the Secretary of State for Tim Farron: To ask the Secretary of State for Environment, Food and Rural Affairs what the average Environment, Food and Rural Affairs how many hill annual income of (a) farmers and (b) hill farmers in farmers left the industry in each year since 1997. (i) England and (ii) Cumbria was in each year since [291923] 1997. [291917] Jim Fitzpatrick: DEFRA does not collect figures on Jim Fitzpatrick: The following tables show Farm the number of farmers who leave the industry each Business Income1 (FBI) for England and Cumbria for year. The information collected from the June Survey of all farm types and for grazing livestock farms in the less Agriculture only allows an indication of net change. favoured areas (LFA). Farm Business Income is the The total number of holdings classified within Less most robust measure of income but is not available Favoured Areas (LFAs) from 2000-08 are shown in the prior to 2003-04. Equivalent data are also shown for following table, along with the number of principal 2 Net Farm Income (NFI). farmers working on these holdings. As many holdings 1 Farm Business Income represents the financial return to all are very small, we have also provided an estimate excluding unpaid labour (farmers and spouses, non-principal partners and the very smallest holdings considered to require a farmer directors and their spouses and family workers) and on all their less than half-time. This gives a better indication of capital invested in the farm business, including land and buildings. trends. 2 Net farm income is defined as the return to the principal farmer and spouse alone for their manual and managerial labour and on Figures are only available from 2000 onwards as the the tenant type capital of the business. An imputed rent is method of classifying holdings within LFAs changed in deducted for owner-occupied farms as is a charge for other 2006 and results were only backdated to 2000. Therefore, unpaid labour. results pre-2000 are not comparable. 1159W Written Answers16 OCTOBER 2009 Written Answers 1160W

Nitrate Vulnerable Zones Number of Number of farmers1 on Total Number of farmers1 on LFA number of LFA LFA holdings of LFA holdings Mr. Evans: To ask the Secretary of State for holdings >0.5 SLR2 holdings >0.5 SLR2 Environment, Food and Rural Affairs what assessment 2000 36,046 21,174 26,806 10,943 he has made of the financial effect on farmers of 2001 38,187 20,092 28,092 10,064 operating inside the new Nitrate Vulnerable Zones with 2002 36,524 20,376 29,668 10,360 effect from 1 January 2010. [293634] 2003 35,279 19,969 30,058 10,289 2004 36,120 20,057 30,365 10,185 Huw Irranca-Davies: The Nitrate Pollution Prevention 2005 36,131 19,301 30,678 10,310 Regulations (2008), which implement the EU Nitrates 2006 36,348 19,709 31,501 10,387 Directive in England, increase the area designated as 2007 35,811 18,459 32,666 10,108 nitrate vulnerable zones (NVZs) to approximately 70 per 2008 35,828 18,015 33,163 10,148 cent. of the country and tighten the mandatory action 1 Farmers are defined as full- and part-time principal farmers, partners, directors programme of measures that apply within these zones. and spouses working on holdings. The impact assessment estimates the total annual cost 2 Standard Labour Requirement. The theoretical number of workers required to run a holding, based on its cropping and livestock activities. Results above to farmers of complying with the regulations to be 0.5 SLR cover farms which require more than half a full-time farmer. £48.5 million-£68.6 million. The UK’s successful negotiation Notes: 1. Less Favoured Areas (LFAs) were established in 1975 as a means to provide of a derogation from the livestock manure N farm limit, support to mountainous and hill farming areas. The present LFAs in England one of the more demanding requirements set by the are subdivided into two areas. The more environmentally challenging areas Nitrates Directive, means these costs could be reduced within the LFA are classed as ‘Severely Disadvantaged Areas’ (SDA). The remainder is classified as ’Disadvantaged Areas’ (DA). by £16.9 million to £21.7 million per annum. 2. There has been an increase in registered holdings in recent years for several The impact assessment can be downloaded via reasons. The introduction of the Single Payment Scheme in 2005 led to large increases in the numbers of holdings registered with the RPA. Large numbers of www.opsi.gov.uk/si/si2008/em/uksiem_20082349_en.pdf holdings were also registered for animal tracing purposes particularly following the foot and mouth disease outbreak in 2001. Source: June Survey of Agriculture and central DEFRA definitions of LFA boundaries. Ragwort: Disease Control

Tim Farron: To ask the Secretary of State for Mr. Greg Knight: To ask the Secretary of State for Environment, Food and Rural Affairs how many hill Environment, Food and Rural Affairs what research farms ceased operating as hill farms in each of the last his Department has undertaken on the extent of five years. [291924] ragwort poisoning of horses; and if he will make a statement. [293861] Jim Fitzpatrick: DEFRA does not collect figures on Huw Irranca-Davies: DEFRA has not undertaken the number of holdings that cease operating each year. any specific studies on the extent of ragwort poisoning The information collected from the June Survey of of horses. However, DEFRA’s policy under the Weeds Agriculture only allows an indication of net change. Act 1959 is to control injurious weeds where there is a The total number of holdings classified within Less threat to animal welfare or agricultural activities. Favoured Areas (LFAs) for the past five years are Natural England investigates complaints about ragwort shown in the following table. As many holdings are very on behalf of DEFRA and will take enforcement actions small, we have also provided an estimate excluding the where there is a risk of: very smallest holdings considered to require a farmer less than half-time. This gives a better indication of Weeds spreading to land used for grazing horses and other animals; trends. Weeds spreading to land used for the production of conserved Total number of LFA Number of LFA forage; holdings holdings >0.5 SLR1 Weeds spreading to land used for other agricultural activities; and 2004 30,365 10,185 2005 30,678 10,310 The complainant has already made reasonable efforts to contact 2006 31,501 10,387 the landowner and occupier where the weeds are growing. 2007 32,666 10,108 DEFRA’s code of practice on how to prevent the 2008 33,163 10,148 spread of Ragwort was published in July 2004. DEFRA 1 Standard Labour Requirement. The theoretical number of workers required worked with the British Horse Society, rural consultancy to run a holding, based on its cropping and livestock activities. Results above 0.5 SLR cover farms which require more than half a full-time farmer. ADAS, English Nature, Wildlife and Countryside Link Notes: and other stakeholders to draw up the code. It provides 1. Less Favoured Areas (LFAs) were established in 1975 as a means to provide comprehensive guidance on how to develop a strategic support to mountainous and hill farming areas. The present LFAs in England are subdivided into two areas. The more environmentally challenging areas and cost-effective approach to weed control. The code within the LFA are classed as ‘Severely Disadvantaged Areas’ (SDA). The gives advice on: remainder is classified as ‘Disadvantaged Areas’ (DA). 2. There has been an increase in registered holdings in recent years for several Identification of Common Ragwort; reasons. The introduction of the Single Payment Scheme in 2005 led to large Risk assessment and priorities for Ragwort control; increases in the numbers of holdings registered with the RPA. Large numbers of holdings were also registered for animal tracing purposes particularly following Control methods their suitability and efficacy; the foot and mouth disease outbreak in 2001. Source. Environmental considerations; and June Survey of Agriculture and central DEFRA definitions of LFA boundaries. Health and safety issues. 1161W Written Answers16 OCTOBER 2009 Written Answers 1162W

Water I have, in addition, written to the Chairman of Foreign Affairs Committee, outlining the work we do in Colombia. David Taylor: To ask the Secretary of State for A copy of this letter is in the Library of the House. Environment, Food and Rural Affairs how many water resource management plans have been submitted by water companies in England. [293756] Overseas Territories

Huw Irranca-Davies: In spring 2008, all 21 English John Mann: To ask the Secretary of State for Foreign water companies submitted their draft water resources and Commonwealth Affairs what estimate he has made management plans and consulted publicly on them of the net cost to the Exchequer of each UK overseas during summer 2008. The Secretary of State has now territory. [292503] considered the draft plans, the representations made in respect of the drafts and the water companies’ statements Chris Bryant: The following Government Departments of response to the representations. On 3 August 2009 he meet the costs of, and provide the majority of the issued decision letters to the water companies on the assistance to, the Overseas Territories: the Foreign and next steps. Commonwealth Office (FCO), the Department for 10 of the water companies are now able to publish International Development (DFID), the Ministry of their final plans and three have already done so. The Defence (MOD), the Department for Transport (DFT) remaining 11 are either providing further information and the Department for Environment Food and Agriculture in support of their plan, or their plan will be considered (DEFRA). further at a public inquiry or hearing. The UK is responsible for 14 Overseas Territories. The following figures cover staff and administration costs in support of defence, sustainable development, safety and security, good governance and the environment. FOREIGN AND COMMONWEALTH OFFICE Department Cost (£ million) (2008-09) Burma: Asylum FCO Mr. Martyn Jones: To ask the Secretary of State for Overseas Territories Directorate— 2.5 Foreign and Commonwealth Affairs what Home costs representations his Department has made to the Overseas Territories Directorate— 3.1 Overseas costs (including capital Burmese authorities over the recent attack by Burmese costs) forces on the Ler Per Her refugee camp. [293757] Overseas Territories Directorate— 6.5 Programme allocation (Overseas Chris Bryant: We continue to be deeply concerned Territories Programme Fund) about the situation in Karen State, and closely followed Gibraltar—Home costs 0.3 reports of fighting in June 2009, including reports of an Gibraltar—Overseas costs 1.1 attack on the Ler Per Her refugee camp. We raised our concerns in a UN Security Council discussion on the DFID protection of civilians in armed conflict on 26 June Administration costs (home and 2.1 2009. The EU, with strong UK support, issued a statement overseas) on 11 June 2009 calling for an end to hostilities. It Assistance to Pitcairn, Montserrat, 55.87 expressed particular concern about the humanitarian St. Helena, Ascension,Tristan da impact of the ongoing conflict. Cunha, TCI and cross-territory We have repeatedly urged both the military regime in projects Burma and the Karen National Union to intensify their efforts to find a peaceful settlement that will bring MOD about a permanent end to the conflict. Direct British Forces in Falklands and 78.51 representations on this issue were made most recently at Ascension meetings between our ambassador and Burmese Ministers Gibraltar 55.60 on 18 and 19 June 2009. Our embassy in Rangoon British Indian Overseas Territories 2.3 continues to monitor the situation closely. DFT Colombia: Military Aid Programme and running costs for 3.1 aviation and maritime safety and Mr. Watson: To ask the Secretary of State for air accident investigations Foreign and Commonwealth Affairs what the Government’s plans are for the future provision of UK DEFRA military aid to Colombia; and if he will make a Costs to Kew and Joint Nature 0.5 statement. [293008] Conservation Committee British Antarctic Survey (BAS) 4.0 Chris Bryant: The Government do not provide military costs aid to Colombia. I refer my hon. Friend to the written Darwin Projects 0.04 ministerial statement on Colombia, laid before the House by my right hon. Friend the Foreign Secretary on 30 Total 215.52 March 2009, Official Report, column 40WS. 1163W Written Answers16 OCTOBER 2009 Written Answers 1164W

South Africa: Politics and Government Mr. Mike O’Brien: It is for primary care trusts to assess the efficiency and effectiveness of the accident Mr. Sanders: To ask the Secretary of State for and emergency (A&E) services they commission. The Foreign and Commonwealth Affairs what steps his Department has set an operational standard that 98 per Department is taking to encourage (a) South Africa cent, of patients should not spend more than four hours and (b) the South African Development Community in A and E departments. National annual performance to seek to ensure President Mugabe complies with the against the standard was 98.1 per cent., in 2008-09. terms of the power-sharing agreement with Morgan Performance of individual trusts is published on the Tsvangirai. [293121] Department’s website, but performance of individual A and E departments is not collected centrally. As seen in Mr. Ivan Lewis: We are in regular touch with both the 2008 Healthcare Commission survey of A and E, South Africa and Southern African Development nationally patient ratings of care are continue to be Community (SADC) as a part of our contact with positive—patient satisfaction with the overall quality of international partners on Zimbabwe. The SADC, as care is high: 88 per cent., rate it as “excellent”, “very sponsor and guarantor of the Global Political Agreement good” or “good”. (GPA), has a key role to play in supporting reform in Zimbabwe. South Africa, although no longer in the Mr. Gordon Prentice: To ask the Secretary of State SADC chair, remains closely involved in the organisation’s for Health which NHS hospital trusts in England have discussions. It is a member of the new SADC Troika on (a) one, (b) two, (c) three and (d) four or more Zimbabwe. President Zuma visited Harare in August accident and emergency departments. [293196] 2009 and called for the full and timely implementation of the GPA. He reiterated this jointly with the EU at the Mr. Mike O’Brien: A list of national health service EU-Africa summit on 11 September 2009. hospital trusts sorted according to whether they have My right hon. Friend the Prime Minister discussed one, two, three, four or more type 1 or type 2 accident Zimbabwe with President Zuma when they met at the and emergency departments has been placed in the G8 in June 2009, as did my right hon. Friend the Library. Foreign Secretary in his telephone call with the South African Foreign Minister in July 2009. Mr. Gordon Prentice: To ask the Secretary of State My noble Friend, the then Minister for Africa, Asia for Health what services must be provided in a and the UN, Lord Malloch-Brown, regularly encouraged designated (a) accident and emergency department SADC Ministers to support implementation of the and (b) Urgent Care Centre. [293197] GPA, most recently in the margins of the World Economic Forum meeting in Cape Town in June 2009. We will Mr. Mike O’Brien: Configuration of services is a continue to make working with the region to promote matter for local decision-making by primary care trusts. reform in Zimbabwe a priority. For the purposes of performance data collection, the Department uses the following definitions: USA Type 1 Accident and Emergency (A&E) department: A consultant led 24 hour service with full resuscitation facilities and designated Andrew Rosindell: To ask the Secretary of State for accommodation for the reception of accident and emergency Foreign and Commonwealth Affairs what recent patients; requests his Department has made to the US Type 2 A&E department: A consultant led single specialty administration for talks between the President of the accident and emergency service (eg ophthalmology, dental) with United States of America and Government designated accommodation for the reception of patients; and representatives. [293827] Type 3 A&E department: Other type of A&E/minor injury units (MIUs)/Walk-in Centres with designated accommodation Mr. Ivan Lewis: The Foreign and Commonwealth for the reception of accident and emergency patients. A type 3 department may be doctor led or nurse led. It may be co-located Office has made no recent requests for discussions with a major A&E or sited in the community.A defining characteristic between President Obama and representatives of the of a service qualifying as a type 3 department is that it treats at Government. least minor injuries and illnesses (sprains for example) and can be My right hon. Friend the Prime Minister and US routinely accessed without appointment. A service mainly or President Barack Obama have regular Video Teleconference entirely appointment based (for example a general practitioner practice or outpatient clinic) or one mainly or entirely accessed discussions on key issues. They most recently spoke on via telephone or other referral (for example most out of hours 8 October 2009. and primary care services)is not a type 3 A&E service even though it may treat a number of patients with minor illness or injury. The Department has not set a definition for ‘urgent HEALTH care centre’. Accident and Emergency Departments Ambulance Services: Lancashire Mr. Gordon Prentice: To ask the Secretary of State for Health what recent assessment he has made of the Mr. Gordon Prentice: To ask the Secretary of State efficiency and effectiveness of those accident and for Health what (a) number and (b) percentage of emergency departments in England whose annual ambulances attending 999 calls in East Lancashire in volume of attendances is below 55,000; and if he will each year since 2004 had a trained paramedic on make a statement. [293195] board. [293199] 1165W Written Answers16 OCTOBER 2009 Written Answers 1166W

Mr. Mike O’Brien: Information about paramedics on development of the ‘Fit note’, which will give employers board ambulances responding to 999 calls is not collected more information about what steps they can take to centrally. help people to return to work. Charities Copies of these documents have been placed in the Library. Bob Spink: To ask the Secretary of State for Health what grants his Department made to charitable General Practitioners: Rural Areas organisations in each of the last five years. [292660]

Ann Keen: Information on all Department grant funding Tim Farron: To ask the Secretary of State for Health to charitable organisations is not available in the format what estimate he has made of the number of rural requested from central records and could only be provided parishes without a GP in each year since 1997. [293202] at disproportionate cost. Tables showing grant awards from the funding years Mr. Mike O’Brien: The information requested is not 2004-05 up to the current funding year 2009-10 with the held centrally. identifiable data available including; Social Enterprise Pathfinders, Social Enterprise Investment Fund, Children’s Hospice and Hospice at Home, Dignity in Care (one Health Services: Christchurch year capital awards), Tobacco policy programme, Section 64 General Scheme of Grants, Innovation, Excellence Mr. Chope: To ask the Secretary of State for Health and Service Development Fund, Strategic Partner when he expects the sale of the vacant premises of the Programme and the Opportunities for Volunteering former health centre at Saxon Square, Christchurch to grant scheme, have been placed in the Library. be completed. [293753] Departmental Consultants Mr. Mike O’Brien: Following the decision of the Mr. Fallon: To ask the Secretary of State for Health local national health service trust not to utilise the how many management consultants were employed on property and the landlord’s decision not to accept a short- and long-term contracts in his Department in surrender of the lease, agreement is being finalised with the last 12 month period for which figures are available. the landlord on the extent of repair works to be undertaken [293629] in compliance with a previously served Repairs Notice. Once agreement is reached, the works will be undertaken Ann Keen: The Department does not collect the and the property formally marketed. The availability of information requested. It is preferred practice to award the property has for some time been included on the consultancy contracts based on outcomes for a fixed Electronic Property Information Mapping Service fee. As a result it is at the discretion of the management (e-PIMS)—the central database of Government civil consultancies to manage the number of staff allocated estate managed by the Office of Government Commerce. to projects at any one time to most effectively deliver the required outcomes. Midwives: Training The Department publishes its overall expenditure on management consultancy, which is available on the Department’s website: Norman Lamb: To ask the Secretary of State for www.dh.gov.uk/en/FreedomOfInformation/ Health how many student midwives were in receipt of a Freedomofinformationpublicationschemefeedback/ bursary in each of the last five years; what the average FOIreleases/DH_103938 bursary paid to a student midwife was in each such year in (a) cash and (b) real terms; how much was Endometriosis paid out to student midwives in bursaries in each such year, expressed in (i) cash and (ii) real terms; what the Mr. Jenkins: To ask the Secretary of State for Health cost was of all bursaries paid to student midwives; and what steps he is taking to raise awareness amongst by how much in real terms the bursary changed in each employers of the needs of people with endometriosis. of those years. [292666] [292562] Ann Keen: The number of midwifery students who Gillian Merron: There is no specific Government held a bursary and the average bursary paid to those advice for employers in relation to endometriosis in the students can be found in the following table. workplace. The Government’s response ‘Improving Health and Average Average Work: changing lives’ in November 2008 to Dame Carol Average Average bursary bursary basic basic (inc. (inc. Black’s review of the health of Britain’s working age Number bursary bursary allowances) allowances) population, ‘Working for a Healthier Tomorrow’, published of in cash in 2009 in cash in 2009 Academic bursary terms1 prices1,2 terms1 prices1,2 in March 2008, is putting in place support for individuals, 1 health care professionals and employers to enable year holders (£) (£) (£) (£) individuals to return to work at the earliest opportunity 2004-05 3,738 5,326 5,882 5,521 6,097 and to remain in work. This includes widespread reforms 2005-06 3,901 5,437 5,886 5,657 6,124 to occupational health services through NHS Plus, the 2006-07 3,812 5,494 5,788 5,716 6,022 development of a ‘Fit for Work Service’, and the 2007-08 3,996 5,588 5,718 5,813 5,948 1167W Written Answers16 OCTOBER 2009 Written Answers 1168W

NHS Foundation Trusts: Governing Bodies Average Average Average Average bursary bursary basic basic (inc. (inc. Number bursary bursary allowances) allowances) Mr. Bone: To ask the Secretary of State for Health of in cash in 2009 in cash in 2009 how many people serve on the governing council of a Academic bursary terms1 prices1,2 terms1 prices1,2 foundation hospital; and by what method they are year holders1 (£) (£) (£) (£) selected. [292565]

2008-09 4,265 5,524 5,524 5,715 5,715 Mr. Mike O’Brien: The National Health Service Act 2006 does not stipulate the number of governors at an 1 Includes EU students who are not eligible for a bursary and those who receive a nil award after income assessment. NHS foundation trust. Each NHS foundation trust 2 Based on Consumer Price Index (CPI) at April in the middle of the academic decides how many governors should be included in its year i.e. constitution. The members of the NHS foundation CPI for 2004-05 taken at April 2005. Sources: trust must elect the majority of the governors. The Office for National Statistics other governors are appointed by organisations such as NHS Business Services Authority the primary care trust, the local authority and the university, where the NHS foundation trust has medical The average bursary awarded to students reflects the or dental school. Schedule 7 of The National Health change in the proportion of diploma to degree students Service Act 2006, sets out the statutory requirements because bursary awards to degree students are means-tested. for an NHS foundation trust’s constitution. Degree students are also eligible for a student loan. Since 2004, the number of midwifery degree programmes Mr. Bone: To ask the Secretary of State for Health commissioned by the national health service has increased what process is followed to (a) select and (b) remove and the number of diploma programmes reduced (i) the chairman, (ii) the chief executive and (iii) significantly. directors of a foundation hospital. [292566] The total cost of the bursaries can be found in the Mr. Mike O’Brien: The process for selecting and following table. removing the chairman, chief executive and directors of

Total spend Total spend Total spend Total spend a foundation trust hospital is contained in Schedule 7 of (exc. (exc. (inc. (inc. the National Health Service Act 2006. The board of allowances) allowances) allowances) allowances) governors at a general meeting appoint or remove the Academic in cash at 2009 in cash at 2009 year terms (£) prices1 (£) terms (£) prices1 (£) chairman and the other non executive directors. The non-executive directors appoint or remove the chief 2004-05 19,908,213 21,984,897 20,637,109 22,789,826 executive. It is for a committee consisting of the chairman, 2005-06 21,209,791 22,961,632 22,067,168 23,889,825 the chief executive and the other non-executive directors 2006-07 20,944,277 22,066,650 21,787,618 22,955,184 to appoint or remove the executive directors. 2007-08 22,327,766 22,846,534 23,228,490 23,768,185 2008-09 23,560,311 23,560,311 24,373,689 24,373,689 NHS: Finance 1 Based on CPI at April in the middle of the academic year i.e. CPI for 2004-05 taken at April 2005. Sources: Norman Lamb: To ask the Secretary of State for Office for National Statistics NHS Business Services Authority Health how many NHS trusts are borrowing money from his Department; what interest rates are being The rates for the basic NHS bursary, at 2009 prices, charged on each loan; what the term of each loan is; are set out in the following table. In addition to the and how much interest has been paid on each to date. NHS bursary, degree students are eligible for a non-means [292689] tested student loan. Mr. Mike O’Brien: The Department makes loans to Diploma Degree national health service trusts and national health service Parental foundation trusts. The information requested is provided London1 Elsewhere1 London1 Elsewhere1 home1 in the following table. (£) (£) (£) (£) (£) National 2008 7,629.00 6,531.00 3,306.00 2,739.00 2,287.00 2 loan fund (new) rate Term of Interest 2008 7,374.00 6,275.00 3,050.00 2,483.00 2,031.00 (fixed for loan paid to (existing)2 term) (years/ date 2007 7,615.93 6,520.05 3,299.93 2,734.08 2,282.84 NHS trust name (percentage) months) (£000) (new)2 Ashford and St Peter’s Hospitals 5.40 6 years 1,641 2007 7,361.15 6,264.24 3,045.14 2,478.27 2,055.68 NHS trust (existing)2 Avon and Wiltshire Mental Health 5.45 5 years 541 2006 7,406.73 6,303.62 3,063.84 2,493.84 2,068.19 Partnership NHS trust 2005 7,425.53 6,319.11 3,071.32 2,499.71 2,045.02 Barnet and Chase Farm Hospitals 3.97 3 years 89 2004 7,390.06 6,289.06 3,056.74 2,488.02 2,035.25 NHS trust 1 Based on CPI at the April in the middle of the academic year i.e. CPI for Barnet and Chase Farm Hospitals 5.45 4 years 1,773 2004-05 taken at April 2005. NHS trust 2 In 2007 certain allowances were removed from the scheme to make it Barnet, Enfield and Haringey 4.02 25 years 0 compliant with age discrimination legislation. Existing students remained on Mental Health NHS trust the previous rules and new rates introduced for new entrants. Source: Basildon and Thurrock University 4.70 25 years 180 Office for National Statistics Hospitals NHS Foundation trust 1169W Written Answers16 OCTOBER 2009 Written Answers 1170W

National National loan fund loan fund rate Term of Interest rate Term of Interest (fixed for loan paid to (fixed for loan paid to term) (years/ date term) (years/ date NHS trust name (percentage) months) (£000) NHS trust name (percentage) months) (£000)

Basildon and Thurrock University 4.90 25 years 803 Hereford Hospitals NHS trust 5.50 3 years 298 Hospitals NHS Foundation trust Homerton University Hospital 5.60 23 years 364 Birmingham and Solihull Mental 4.06 25 years 0 NHS Foundation trust Health NHS Foundation trust Homerton University Hospital 4.90 10 years 81 Bradford Teaching Hospitals NHS 3.04 10 years 152 NHS Foundation trust Foundation trust Homerton University Hospital 4.90 25 years 204 Brighton and Sussex University 4.01 5 years 265 NHS Foundation trust Hospitals NHS trust Hull and East Yorkshire Hospitals 3.65 20 years 225 Brighton and Sussex University 5.40 6 years 2,971 NHS trust Hospitals NHS trust Hull and East Yorkshire Hospitals 5.45 5 years 906 Buckinghamshire Hospitals NHS 4.88 5 years 324 NHS trust trust Humber Mental Health Teaching 4.07 24 years 25 Calderdale and Huddersfield NHS 4.48 15 years 358 NHS trust 8months Foundation trust Ipswich Hospital NHS trust 5.35 7 years 2,663 Cambridge University Hospitals 4.40 25 years 2,578 King’s College Hospital NHS 5.34 1 years 196 NHS Foundation trust Foundation trust Cambridge University Hospitals 3.94 25 years 153 NHS Foundation trust King’s College Hospital NHS 5.21 20 years 129 Foundation trust Cambridge University Hospitals 2.98 10 years 0 NHS Foundation trust London Ambulance service NHS 2.65 8 years 0 trust Central Manchester University 2.67 4 years 115 Hospitals NHS Foundation trust London Ambulance service NHS 2.73 8 years 5 trust 2months Central Manchester University 2.92 5 years 154 Hospitals NHS Foundation trust Mayday Healthcare NHS trust 5.50 3 years 999 Central Manchester University 2.86 10 years 0 Mid Essex Hospital services NHS 5.45 5 years 1,958 Hospitals NHS Foundation trust trust Chelsea and Westminster Hospital 4.85 10 years 1,144 Mid Yorkshire Hospitals NHS 5.29 3 years 1,526 NHS Foundation trust trust Chesterfield royal Hospital NHS 2.84 10 years 0 Moorfields eye Hospital NHS 5.05 10 years 97 Foundation trust Foundation trust City Hospitals Sunderland NHS 4.25 25 years 736 Moorfields Eye Hospital NHS 4.65 25 years 270 Foundation trust Foundation trust City Hospitals Sunderland NHS 4.30 10 years 250 Moorfields Eye Hospital NHS 4.60 10 years 768 Foundation trust Foundation trust Dartford and Gravesham NHS 1.90 5 years 0 Moorfields Eye Hospital NHS 4.50 10 years 273 trust Foundation trust Derby Hospitals NHS Foundation 4.85 12 years 1,447 Moorfields Eye Hospital NHS 4.45 15 years 89 trust Foundation trust Doncaster and Bassetlaw 5.05 15 years 402 Moorfields Eye Hospital NHS 4.40 25 years 823 Hospitals NHS Foundation trust Foundation trust Doncaster and Bassetlaw 2.45 10 years 0 Newham University Hospital 1.90 5 years 0 Hospitals NHS Foundation trust NHS trust Dorset Healthcare NHS 5.50 15 years 255 Norfolk and Waveney NHS 3.87 20 years 113 Foundation trust Foundation trust East and North Hertfordshire 5.45 5 years 844 North Bristol NHS trust 5.05 20 years 5,781 NHS trust North Bristol NHS trust 4.02 25 years 0 East and North Hertfordshire 4.02 25 years 0 NHS trust North Cumbria Acute Hospital 5.20 15 years 1,447 East Cheshire NHS trust 5.50 3 years 635 NHS trust East Cheshire NHS trust 2.39 8 years 30 North Cumbria Acute Hospital 5.10 14 years 38 NHS trust 6months East Lancashire Hospitals NHS 2.39 6 years 11 trust 2months North Cumbria Acute Hospital 4.34 14 years 25 NHS trust East Lancashire Hospitals NHS 2.28 6 years 0 trust North Essex Partnership NHS 5.33 10 years 0 Foundation trust East Sussex Hospitals NHS trust 3.48 10 years 38 3months North Middlesex University 5.45 5 years 1,622 Hospital NHS trust East Sussex Hospitals NHS trust 5.45 4 years 405 North West London Hospitals 5.45 5 years 2,577 George Eliot Hospital NHS trust 5.45 3 years 689 NHS trust Gloucestershire Hospitals NHS 4.95 25 years 1,972 Northumberland, Tyne and Wear 2.91 10 years 0 Foundation trust NHS trust Great Western Ambulance Service 2.82 5 years 49 Oxford Radcliffe Hospital NHS 5.40 6 years 2,231 NHS trust 3months trust Heatherwood and Wexham Park 5.45 4 years 304 Oxford Radcliffe Hospital NHS 2.69 10 years 107 Hospitals NHS Foundation trust trust Heatherwood and Wexham Park 4.69 25 years 17 Oxford Radcliffe Hospital NHS 4.19 10 years 366 Hospitals NHS Foundation trust trust Heatherwood and Wexham Park 4.08 5 years 141 Oxfordshire and Buckinghamshire 5.45 4 years 252 Hospitals NHS Foundation trust Mental Health NHS Foundation Hereford Hospitals NHS trust 2.69 10 years 11 trust 1171W Written Answers16 OCTOBER 2009 Written Answers 1172W

National National loan fund loan fund rate Term of Interest rate Term of Interest (fixed for loan paid to (fixed for loan paid to term) (years/ date term) (years/ date NHS trust name (percentage) months) (£000) NHS trust name (percentage) months) (£000)

Oxfordshire and Buckinghamshire 3.92 25 years 0 Stockport NHS Foundation trust 4.80 25 years 3,396 Mental Health NHS Foundation Stockport NHS Foundation trust 3.43 25 years 57 trust Surrey and Sussex Healthcare 4.95 25 years 4,999 Papworth Hospital NHS 5.55 5 years 358 NHS trust Foundation trust The Rotherham NHS Foundation 2.57 10 years 0 Pennine Acute Hospitals NHS 4.07 24 years 48 trust trust 8months The Rotherham NHS Foundation 3.23 20 years 160 Pennine Acute Hospitals NHS 4.05 24 years 0 trust trust 6months Trafford Healthcare NHS trust 5.50 3 years 154 Plymouth Hospitals NHS trust 2.69 10 years 94 Trafford Healthcare NHS trust 4.19 10 years 179 Portsmouth Hospitals NHS trust 2.48 7 years 0 6months University Hospital of South 3.51 20 years 89 Manchester Foundation trust Princess Alexandra Hospital NHS 5.45 5 years 1,476 trust University Hospitals of Coventry 5.31 5 years 737 and Warwickshire NHS trust Queen Elizabeth Hospital Kings 4.86 8 years 279 Lynn NHS trust University Hospitals of 5.50 3 years 513 Morecambe Bay NHS trust Queen Elizabeth Hospital Kings 5.50 3 years 572 Lynn NHS trust Warrington and Halton Hospital 5.50 3 years 758 NHS Foundation trust Rob Jones and A Hunt 4.85 10 years 41 Orthopaedic NHS trust Warrington and Halton Hospital 4.88 5 years 209 NHS Foundation trust Rob Jones and A Hunt 5.50 3 years 307 Orthopaedic NHS trust West Hertfordshire Hospitals 5.45 5 years 1,211 NHS trust Royal Berkshire NHS Foundation 4.12 18 years 247 trust West Hertfordshire Hospitals 5.40 10 years 798 NHS trust Royal Bolton Hospitals NHS 5.50 3 years 409 Foundation trust West Hertfordshire Hospitals 5.40 9 years 710 NHS trust 6months Royal Cornwall Hospitals NHS 5.32 7 years 2,607 trust West Middlesex University NHS 5.31 5 years 890 trust Royal Cornwall Hospitals NHS 1.16 2 years 15 trust West Suffolk Hospitals NHS trust 5.50 3 years 177 Royal Devon and Exeter NHS 4.55 20 years 2,132 West Suffolk Hospitals NHS trust 4.69 5 years 222 Foundation trust Western Sussex NHS trust 5.35 8 years 1,976 Royal Devon and Exeter NHS 5.05 25 years 980 Western Sussex NHS trust 4.07 7 years 61 Foundation trust Western Sussex NHS trust 5.20 14 years 1,787 Royal united Hospital Bath NHS 5.05 20 years 4,189 Western Sussex NHS trust 5.15 7 years 99 trust 6months Salisbury NHS Foundation trust 1.88 5 years 0 Weston Area NHS trust 1.40 3 years 6 Scarborough and North East 5.45 5 years 827 Weston Area NHS trust 5.32 7 years 808 Yorks NHS trust Whipps Cross University Hospital 5.30 9 years 3,074 Scarborough and North East 5.20 4 years 66 NHS trust Yorks NHS trust 6months Winchester and Eastleigh 5.45 4 years 507 Scarborough and North East 3.98 4 years 39 Healthcare NHS trust Yorks NHS trust Worcestershire Acute Hospitals 5.45 5 years 2,703 Sheffield Teaching Hospitals NHS 4.80 25 years 995 NHS trust Foundation trust Shrewsbury and Telford Hospital 5.50 3 years 1,116 NHS trust Obesity: Magnetic Resonance Imagers South Central Ambulance service 4.88 5 years 160 NHS trust Mr. Gordon Prentice: To ask the Secretary of State South Central Ambulance Service 3.48 10 years 89 NHS trust 3months for Health what estimate he has made of the number of South Central Ambulance Service 1.90 5 years 0 NHS patients who were too obese to fit into a magnetic NHS trust resonance imaging scanner in the last 12 months; and South Warwickshire Gen Hosps 5.35 8 years 2,041 what alternative provision is available for such patients. NHS trust [293181] Southampton University 4.85 10 years 247 Hospitals NHS trust 6months Mr. Mike O’Brien: The Department does not collect Southampton University 5.45 4 years 2,532 Hospitals NHS trust information on the size of patients undergoing diagnostic imaging examinations using an magnetic resonance imaging Southampton University 4.19 10 years 448 Hospitals NHS trust (MRI) scanner. Southampton University 4.85 10 years 378 Immediately prior to an MRI scan, the patient’s Hospitals NHS trust weight is determined in order to assess the appropriate Southport and Ormskirk Hospital 1.90 5 years 0 scanning parameters. This will also establish if the NHS trust patient may be accommodated by the particular MRI St George’s Healthcare NHS trust 5.45 5 years 3,675 scanner. MRI scanners have table weight limits and St George’s Healthcare NHS trust 5.20 4 years 21 6months aperture diameters which may differ between different St George’s Healthcare NHS trust 3.98 4 years 238 manufacturers’ models. In some instances, the imaging service may have an MRI scanner to accommodate an 1173W Written Answers16 OCTOBER 2009 Written Answers 1174W obese patient, but where they do not, the radiologist men being admitted to hospital following non- will select the most appropriate alternative imaging consenting consumption of Rohypnol in England in procedure, such as ultrasound. each of the last five years. [292318] Quality and Outcomes Framework Ann Keen [holding answer 13 October 2009]: Information about how many cases were recorded of women and Sandra Gidley: To ask the Secretary of State for men being admitted to hospital following non-consenting Health (1) in which geographical areas the 2011-12 consumption of Rohypnol in England is not collected Quality and Outcomes Framework pilot indicator centrally. studies will take place; [292798] (2) what criteria were used to select (a) the disease Mr. Hoyle: To ask the Secretary of State for Health areas and (b) the geographical areas for inclusion in what guidance his Department has issued to primary the pilot indicator studies for the 2011-12 Quality and care trusts on the testing of admitted patients Outcomes Framework. [292903] suspected of being given Rohypnol or associated drugs. [292319] Mr. Mike O’Brien: Details of the geographical areas used for piloting potential indicators for inclusion in the Mr. Mike O’Brien [holding answer 13 October 2009]: Quality and Outcomes Framework (QOF) are a matter While there is no specific guidance on the testing of for the National Institute for Health and Clinical Excellence admitted patients suspected of being given Rohypnol or (NICE). NICE intends to publish its recommendations associated drugs, guidance and training about testing on indicators for piloting in due course. patients who have been sexually assaulted is available to The criteria used for prioritisation of potential topics health care professionals on the Care and Evidence for inclusion in the QOF are set out in NICE’s interim website at: process guide for the development of indicators. A copy www.careandevidence.org/2b.asp has already been placed in the Library. The taskforce on the health aspects of Violence Against Women and Girls is currently examining how the national Sandra Gidley: To ask the Secretary of State for health service can improve the way it meets the needs of Health when he expects the list of 13 new indicators for victims of sexual assault. inclusion in the Quality and Outcomes Framework to be published. [292828] Tuberculosis Mr. Mike O’Brien: On 10 August, the National Institute for Health and Clinical Excellence (NICE) published its Dan Rogerson: To ask the Secretary of State for recommendations on indicators for potential inclusion Health what the (a) location, (b) date of diagnosis, in the Quality and Outcomes Framework for financial (c) date of completion of treatment, (d) age, year 2010-11. The recommendations included the (e) occupation and (f) suspected cause of infection introduction of four new indicators and the retirement was of each person who contracted Mycobacterium of eight existing indicators. bovis in each of the last 10 years; and how many NICE has also published details of indicators in persons were diagnosed with tuberculosis complex in development and in need of further review on its website. each such year. [293850] A copy has already been placed in the Library. Ann Keen: The available information is shown in the Rohypnol following tables. The exact location is not available because of the risk of deductive disclosure. These data Mr. Hoyle: To ask the Secretary of State for Health are available by strategic health authority (SHA) region. how many cases were recorded of (a) women and (b) Data are therefore presented by SHA region.

Table 1: Isolates of Mycobacterium bovis (M. bovis) from humans by region, England, 1998 to 2007 Year Region 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Total

EastMidlands350301213119 EastofEngland331231133121 London 634625544544 North East1 ——003002218 Yorkshire and the ——4321021114 Humber1 Northern and 2 1———————— 3 Yorkshire1 NorthWest 131101213215 South East 342042033526 South West 585332026438 West Midlands 112332262426 England 24281924171514242623214 1 Change of region boundaries 1 April 2002 (boundaries recalculated for 2000 and 2001). Source: M. bovis database 27 October 2008, Health Protection Agency (HPA) 1175W Written Answers16 OCTOBER 2009 Written Answers 1176W

The data on date of diagnosis and date of completion Percentage of offences resulting in a certain method of detection by offence of treatment are not available because they are not part group of HPA routine data outputs. Percentage of offences recorded resulting in: Penalty Offence Table 2: Isolates of Mycobacterium bovis in humans by age group, Offence group and Charge or notice for taken into United Kingdom, 1998 to 2007 financial year summons Caution disorder consideration Age group (years) Violence against the 0 to 14 15 to 44 45 to 64 65+ Total1 person 2002-03 28 7 0 0 1998 0 7 10 21 38 2003-04 26 7 0 0 1999 0 8 16 17 41 2004-05 25 8 3 0 2000 0 7 10 12 29 2005-06 25 12 6 0 2001 0 5 8 20 33 2006-07 24 15 7 0 2002 0 3 2 13 18 2007-08 26 16 7 0 2003 1 2 6 12 21 2008-09 27 15 5 0 2004 083920 2005 0 12 10 17 39 Sexual offences 2006 0 7 4 22 33 2002-03 28 4 0 0 2007 0 9 3 15 27 2003-04 26 4 0 0 Total 1 68 72 158 299 2004-05 24 4 0 0 1 Where age was known. 2005-06 25 5 0 1 Source: M. bovis database 27 October 2008, HPA 2006-07 24 5 0 0 These data are also available on the HPA website at: 2007-08 25 6 0 0 2008-09 26 5 0 0 www.hpa.org.uk/web/HPAweb&HPAwebStandard/ HPAweb_C/1225700808961 The data on occupation and suspected cause of infection Robbery of each person who contracted M. bovis are not available 2002-03 15 0 0 1 because they are not part of the HPA routine data 2003-04 16 0 0 1 outputs. 2004-05 16 1 0 1 2005-06 16 1 0 1 Table 3: Number of culture confirmed cases with Mycobacterium 2006-07 17 1 0 1 Tuberculosis (MTB) complex, UK, 1998 to 2007 2007-08 18 1 0 1 Culture confirmed cases1 of MTB 2008-09 19 1 0 1 complex All TB cases Burglary 1998 3,059 5,658 1999 2,980 5,704 2002-03 7 0 0 4 2000 3,016 6,323 2003-04 7 1 0 4 2004-05 7 1 0 5 2001 3,373 6,652 2005-06 7 1 0 5 2002 3,833 6,861 2006-07 7 1 0 6 2003 3,922 6,970 2007-08 7 1 0 6 2004 4,225 7,321 2008-09 7 1 0 6 2005 4,594 8,113 2006 4,702 8,113 Offences against 2007 4,511 8,009 vehicles 1 Notifications in ETS with matches to MycobNet laboratory data 2002-03 5 1 0 3 (culture confirmed results) 2003-04 4 1 0 3 Source: Enhanced Tuberculosis Surveillance (ETS) and MycobNet, HPA 2004-05 4 1 0 4 2005-06 4 1 0 5 2006-07 4 1 0 5 2007-08 5 1 0 5 HOME DEPARTMENT 2008-09 5 1 0 5 Crime Other theft offences Chris Grayling: To ask the Secretary of State for the 2002-03 14 4 0 1 Home Department with reference to Table 6.02 in 2003-04 13 4 0 1 Home Office Statistical Bulletin 11/09, Crime in 2004-05 12 5 0 1 England and Wales 2008-09, what proportion of 2005-06 12 5 2 2 offences in each offence group has resulted in (a) a 2006-07 11 6 3 2 charge or summons, (b) a caution, (c) a Penalty 2007-08 12 6 4 2 Notice for Disorder and (d) an offence taken into 2008-09 14 6 4 2 consideration, in each year since 2002-03. [289594] Fraud and forgery Alan Johnson: The information requested for the 10 2002-03 14 2 0 7 offence groups and the overall total has been provided 2003-04 14 3 0 6 in the following table. 1177W Written Answers16 OCTOBER 2009 Written Answers 1178W

Percentage of offences resulting in a certain method of detection by offence into clusters in relation to their population characteristics, group such as the nature of employment and industry and Percentage of offences recorded resulting in: socioeconomic characteristics, from the 2001 census Penalty Offence Offence group and Charge or notice for taken into (see Section 6.4, Crime in England and Wales 2007/08, financial year summons Caution disorder consideration http://www.homeoffice.gov.uk/rds/crimeew0708.html).

2004-05 14 3 0 7 Tables showing recorded crime figures at different 2005-06 16 4 0 7 geographic levels are also available on the Home Office 2006-07 15 5 0 7 website at: 2007-08 17 7 0 7 http://www.homeoffice.gov.uk/rds/crimeew0809.html 2008-09 17 6 0 5 This website allows users to download the recorded crime tables. This provides users with the recorded Criminal damage crime figures which they may then use for mapping 2002-03 7 3 0 0 levels of recorded crime against different indicators of 2003-04 6 3 0 0 social deprivation. 2004-05 6 3 0 0 2005-06 6 4 1 1 Chris Grayling: To ask the Secretary of State for 2006-07 6 5 2 1 the Home Department with reference to the 2007-08 6 5 2 1 supplementary table, Crime and Disorder Reduction 2008-09 7 5 1 1 Partnership areas: Recorded crime for seven key offences and BCS comparator 2007-08 to 2008-09 in the Home Office Statistical Bulletin, Crime in England Drug offences and Wales 2008-09, for what reasons the number of 2002-03 51 34 0 0 total recorded offences are not provided for each Crime 2003-04 49 32 0 0 and Disorder Reduction Partnership. [289597] 2004-05 39 34 0 0 2005-06 33 23 0 0 Alan Johnson: Following the introduction of Crime 2006-07 30 21 0 0 and Disorder Reduction Partnerships (CDRP) under 2007-08 28 21 0 0 the Crime and Disorder Act 1998, data were only 2008-09 30 20 0 0 collected for six key offences for 1999-2000. From 2000-01 onwards data were collected for all offences at CDRP Other offences level but the supplementary tables continued to concentrate 2002-03 64 6 0 0 on the key offences. 2003-04 60 7 0 0 Data for the total number of offences recorded at 2004-05 54 9 1 0 CDRP level are readily available and have been provided 2005-06 57 9 1 0 when requested for parliamentary questions and for 2006-07 54 12 1 0 inquiries from the general public. 2007-08 57 13 0 0 The Home Office also makes available crime rates per 2008-09 59 12 0 0 head of population (including rates for total crime) at CDRP level in the form of crime maps for the years Total 2002/03 to 2008/09. This can be accessed at: 2002-03 13 4 0 2 http://www.homeoffice.gov.uk/rds/ia/atlas.html 2003-04 13 4 0 2 Data prior to 2002-03 are not directly comparable 2004-05 13 5 1 2 because of the introduction of the National Crime 2005-06 13 6 2 2 Recording Standard in April 2002. 2006-07 13 7 3 2 2007-08 14 7 3 2 2008-09 15 7 2 2 Crimes of Violence

Chris Grayling: To ask the Secretary of State for the Crime: Statistics Home Department with reference to Table 7.12 in the Home Office Statistical Bulletin, Crime in England and Chris Grayling: To ask the Secretary of State for the Wales 2008-09, how many offences of (a) wounding Home Department what work has been done to map with intent to do grievous bodily harm (GBH) and levels of recorded crime in a given geographical area (b) wounding or inflicting GBH without intent were against different indicators of social deprivation in the carried out with a knife in 2008-09. [289595] last five years. [289591] Alan Johnson: The information requested is given in Alan Johnson: In the last five years, the Home Office the following table. has analysed levels of recorded crime by type of area It should be noted that GBH offences for 2008-09 and this information has been presented as graphs and will not be comparable with those published for 2007-08. text but not mapped. This is due to a change in the clarification rules for In 2008, the Home Office published an analysis of recording GBH with intent, and a change in the definition recorded crime in local authority districts by type of of GBH without intent. Under advice from the National area. Crime varies by area according to factors such as Statistician the offences of GBH with and without levels of social deprivation. These variations were explored intent and ABH and other injury were combined when using recorded crime by grouping local authority districts published. 1179W Written Answers16 OCTOBER 2009 Written Answers 1180W

Further information is given in Box 2.1 on page 14 of Number of GBH and ABH offences involving a knife or sharp Crime in England and Wales, 2008-09: Volume 1. instrument recorded by the police for 2008-091 Actual Number of GBH and ABH offences involving a knife or sharp Inflicting bodily Total 1 instrument recorded by the police for 2008-09 Inflicting GBH harm and ABH and Actual GBH with without other GBH Inflicting bodily Total Police force intent intent injury Offences Inflicting GBH harm and ABH and GBH with without other GBH Metropolitan 2,168 592 1,968 4,728 Police force intent intent injury Offences Police London 2,174 593 1,977 4,744 Cleveland 70 14 164 248 Region Durham 65 3 42 110 Northumbria 145 48 422 615 Hampshire 119 52 295 466 North East 280 65 628 973 Kent 158 20 161 339 Region Surrey 26 1 60 87 Sussex 130 36 324 490 Cheshire 70 17 354 441 Thames 112 46 413 571 Cumbria 26 3 31 60 Valley Greater 571 13 544 1,128 South East 545 155 1,253 1,953 Manchester Region Lancashire 286 14 246 546 Merseyside 287 12 132 431 Avon and 195 13 288 496 North West 1,240 59 1,307 2,606 Somerset Region Devon and 144 32 358 534 Cornwall Humberside 108 8 133 249 Dorset 9 2 15 26 North 28 10 39 77 Gloucestershire 27 7 64 98 Yorkshire Wiltshire 32 7 95 134 South 202 15 157 374 South West 407 61 820 1,288 Yorkshire Region West 322 71 693 1,086 Yorkshire England 7,097 1,541 9,581 18,219 Yorkshire 660 104 1,022 1,786 and the Humber Dyfed-Powys 40 4 21 65 Region Gwent 73 17 80 170 North Wales 65 19 81 165 Derbyshire 88 10 189 287 South Wales 101 10 134 245 Leicestershire 123 26 143 292 Lincolnshire 47 4 45 96 Wales 279 50 316 645 Northamptonshire 99 50 172 321 Nottinghamshire 162 8 225 395 British 16 6 54 76 East 519 98 774 1,391 Transport Midlands Police Region England and 7,392 1,597 9,951 18,940 Staffordshire 94 14 211 319 Wales 1 Includes racially or religiously aggravated wounding or inflicting Warwickshire 62 23 88 173 GBH. West Mercia 78 7 52 137 West 556 304 859 1,719 Entry Clearances: Pakistan Midlands West 790 348 1,210 2,348 Mr. Soames: To ask the Secretary of State for the Midlands Home Department what response his Department has Region made to the report by Chris Taylor of the UK Border Agency on travel permits from Pakistan; what the Bedfordshire 64 4 127 195 principal conclusions of the report were; and if he will Cambridgeshire 116 11 99 226 place a copy of the report in the Library. [291205] Essex 158 8 181 347 Mr. Woolas [holding answer 16 September 2009]: A Hertfordshire 60 13 3 76 member of staff in the Islamabad visa section was Norfolk 28 0 30 58 asked in 2006 to conduct an internal review of a number Suffolk 56 22 150 228 of visa cases for the purpose of maintaining and improving East of 482 58 590 1,130 processes and decision-making. This was part of routine England procedure to monitor and continuously improve Region performance. As such, the observations made in the review were one of many contributions to the continuous London, City 61916business improvement process within UKBA International of Group, previously UK Visas. 1181W Written Answers16 OCTOBER 2009 Written Answers 1182W

As a result of this process, there have been significant In 2008 we introduced paragraph 320 7a and 7b into the improvements made to visa processing in Pakistan since immigration rules which allows entrance clearance staff to ban 2006, for example: those who use forged or fraudulent documents in visa applications from entering the UK for up to 10 years. In 2007 we began recording biometrics of all Pakistani visa applicants, which are cross-checked against UK Police and immigration As a result of these and other actions, refusal rates databases. for visa applications for Pakistani nationals have risen 14 per cent. since 2006 (32 per cent. in 2006 to 46 per We have increased verification checks on key documentation. cent. in 2008-09). For example, all education certificates are verified with the Pakistan Higher Education Commission. Forced Marriage We have improved our risk profiling of Pakistani visa applications, meaning that extra checks are made on applications considered Margaret Moran: To ask the Secretary of State for higher risk. the Home Department which organisations in England We have introduced the Points Based System, which has and Wales in receipt of Government funding undertake consolidated about 80 immigration routes into a five tier system work relating to forced marriage; and how much each and introduced still tougher standards on UK employers and has received from the Government in each of the last colleges seeking to bring migrants into the UK. three years. [292426] Since the beginning of 2007, we have provided counter-terrorism and forgery training to all entrance clearance and intelligence Mr. Alan Campbell: The following table contains staff being posted overseas. information on organisations dealing with issues concerning We have run specific counter-terrorism training sessions in forced marriage who received Government funding over high risk posts, including Islamabad. the past three years.

£ Amount Amount Amount funded in funded in funded in Total Government Department Organisation funded Purpose of funding 2007-08 2008-09 2009-10 funding

Forced marriage Unit Changing lives Peer support to 7,000 — — 7,000 victims of FM and HBV Forced marriage Unit Karma Nirvana Survivors Network 15,000 28,000 — 43,000 and male victim support officer (2008- 09) Forced marriage Unit Iranian, Kurdish Campaign on FM — 28,000 — 28,000 Women’s Rights targeting Iranian, Organisation Kurdish and Arabic (IKWRO) communities Forced marriage Unit Doli Project Training for — 2,516 — 2,516 (Birmingham) education welfare officers Forced marriage Unit Refuge Study on service — 6,635 — 6,635 provision Forced marriage Unit Ethnic Minority Website for young — 25,000 — 25,000 Foundation people Forced marriage Unit ACPO Training DVD on — — 10,000 10,000 FM Forced marriage Unit Domestic 8 organisations—yet — — 84,000 84,000 Programme Fund to be announced GEO Ethnic Minority Forcedmarriage.net — 6,000 — 6,000 Foundation website MoJ 11 organisations Forced Marriage ——1— 220,000 IDVA pilot OCJR Victim and Witness Unit Thames Valley LCJB Victim support and 14,600 15,000 — 29,600 service delivery OCJR Victim and Witness Unit Cleveland LCJB ‘Way Forward’ — — 10,000 10,000 network Government Funding to Regional Government Offices and Welsh Assembly Government Welsh Assembly Government South Wales Police FM leaflets and 4,000 9,000 — 13,000 training Welsh Assembly Government Henna Foundation Conference — — 12,000 12,000 Government Office for the South Safer Bristol training package — 2,740 4,600 7,340 West Government Office for the South Bristol Somali FM support and — — 10,000 10,000 West Development Group counselling programme 1183W Written Answers16 OCTOBER 2009 Written Answers 1184W

£ Amount Amount Amount funded in funded in funded in Total Government Department Organisation funded Purpose of funding 2007-08 2008-09 2009-10 funding

Government Office for the North Cleveland Police Forced Marriage and 2,000 — — 2,000 East Honour Based Violence Conference Government Office for the North Safe in Tees Valley Forced Marriage — 5,985 — 5,985 East and Central Office of Conference and Information related promotional activity Government Office for the North Cleveland Police Conference to launch — 6,757 — 6,757 East Honour Based Violence helpline Government Office for the North Karma Nirvana Establish and — 27,920 — 27,920 East manage regional Honour Network to support forced marriage victims North Tyneside Training from Karma — — 3,500 3,500 CDRP( via PSV) Nirvana Government Office for the North Northumberland County wide FM — — 2,000 2,000 East CDRP(via PSV) road show HBV training 1,500 — — 1,500 Sunderland CDRP Consultation with — 4,000 — 4,000 (via PSV) Karma Nirvana Durham CDRP (via FM training — 10,000 — 10,000 PSV) Government Office for the East Safer Luton Contribution to set — 10,000 — 10,000 Partnership up of project to support victims of HBV and FM in Luton Year Totals 42,600 189,053 356,100 — Total 587,753 1 Min.£20,000 per organisation.

Sentencing: Homicide Mr. Alan Campbell [holding answer 12 October 2009]: Information provided by the Ministry of Justice on the Margaret Moran: To ask the Secretary of State for number of offenders cautioned for sexual offences, England the Home Department what discussions he has had and Wales 1998 to 2007 (latest available) is shown in the with the Sentencing Guidelines Council on the length following table. of sentences for murder committed by members of Data for 2008 will be published in November 2009. gangs. [292793] Number of offenders issued with a caution for sexual offences, England and Wales 1998 to 20071,2,3 Claire Ward:: I have been asked to reply. I have had no discussions with the Sentencing Guidelines Number Council on the length of sentences for murder committed by gangs. I have consulted the Council on the review of 1998 1,726 the starting point for determining the minimum term for murder using a knife and I await its formal response. 1999 1,469 Guidance on setting the minimum term to be served for 2000 1,301 murder is set out in Schedule 21 to the Criminal Justice Act 2003 and the Council guideline on the overarching 2001 1,240 principle of seriousness states that offenders operating 2002 1,203 in groups or gangs should be treated as an aggravating factor for the purposes of sentencing. I note that the 2003 1,359 Crown Court recently handed down sentences with 39 2004 1,553 and 35 minimum terms to the top members of a gang in Manchester and a 35 year minimum term for a gang 2005 1,761 member from Sheffield who ordered a murder from his 2006 1,922 prison cell. Sexual Offences 2007 1,966 Mrs. Maria Miller: To ask the Secretary of State for 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 the Home Department how many cautions have been replaced them with reprimands and warnings. These figures have been issued for sexual offences in each of the last 10 years. included in the totals. [289346] 2 These data are on the principal offence basis. 1185W Written Answers16 OCTOBER 2009 Written Answers 1186W

3 Every effort is made to ensure that the figures presented are accurate Additionally, information provided by the Ministry and complete. However, it is important to note that these data have of Justice showing the number of persons proceeded been extracted from large administrative data systems generated by the police forces. As a consequence, care should be taken to ensure against at magistrates’ courts and found guilty at all data collection processes and their inevitable limitations are taken courts for violent and non-violent offences, broken into account when those data are used. down by age group, in England and Wales from 2003 to Source: 2007 (latest available) can be viewed in table B. OCJR—Evidence and Analysis Unit IOS ref: 382-09 The Ministry of Justice does not centrally collect charging data; proceeded against data is provided in Young Offenders lieu. The court proceedings database held by the Ministry of Justice does not hold information on convictions and Chris Grayling: To ask the Secretary of State for the prosecutions data for persons aged under 10 who are Home Department how many people aged (a) under under the age of liability. Data on court proceedings are 10, (b) 10 to 17, (c) 18 to 20 and (d) 21 years and over published on a calendar year basis. were (i) arrested, (ii) charged and (iii) convicted for (A) Data for 2008 will be available in the autumn of 2009. violent and (B) non-violent offences in each of the last The court statistics provided by the Ministry of Justice five years. [289592] relate to persons for whom these offences were the principal offence for which they were dealt with. When Alan Johnson: Available information on numbers of a defendant has been found guilty of two or more persons arrested, broken down by age group is given in offences the principal offence is the offence for which table A. The table covers the period from 2003-04 to the heaviest penalty is imposed. Where the same disposal 2007-08 (latest available). There is no link from these is imposed for two or more offences, the offence selected centrally reported data to any subsequent outcome. is the offence for which the statutory maximum penalty Data on arrests are published on a financial year basis. is the most severe.

Table A: Number of persons arrested for recorded crime (notifiable offences) by age group and type of offence1 2003-04 to 2007-08: England and Wales Number of arrests2 Aged 21 and Notifiable offence group Aged under 10 Aged 10-17 Aged 18-20 over Age unknown All ages

2003-04 Violent offences 100 83,000 56,900 256,000 900 396,800 Other offences 500 230,300 145,200 555,600 1,900 933,800 Total 700 313,200 202,200 811,700 2,700 1,330,400

2004-053 Violent offences 200 96,700 66,800 294,000 900 458,400 Other offences 500 236,100 137,000 519,500 1,900 894,900 Total 800 332,800 203,700 813,400 2,800 1,353,400

2005-06 Violent offences 200 108,500 74,500 331,800 800 515,800 Other offences 500 239,900 140,300 531,100 2,000 914,000 Total 800 348,500 214,700 863,100 2,700 1,429,800

2006-07 Violent offences 93 115,173 81,617 362,585 1,037 560,505 Other offences 353 238,197 144,293 536,643 2,165 921,651 Total 446 353,370 225,910 899,228 3,202 1,482,156

2007-08 Violent offences 41 102,802 77,864 363,629 1,685 546,021 Other offences 122 212,599 145,759 568,021 2,744 929,245 Total 163 315,401 223,623 931,650 4,429 1,475,266 1 Violent offences includes the offence categories of: violence against the person; sexual offences; robbery offences. Other offences includes the offence categories of: burglary; theft and handling stolen goods; fraud and forgery; .criminal damage; drug offences; other offences. 2 Figures from 2003-04 to 2005-06 are rounded to the nearest 100 therefore figures for these years may not add up to the totals, subsequent years’ figures are unrounded. Additionally, figures for violent and other offences may not be accurate due to the summing of rounded figures. 3 Figures updated since publication of 2004-05 bulletin. Note: 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 police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when these data are used. 1187W Written Answers16 OCTOBER 2009 Written Answers 1188W

Table B: The number of persons proceeded against at magistrates courts, and found guilty at all courts for offences relating to violent, and non violent offences, in England and Wales, by age group, 2003 to 20071,2,3 Proceeded against Found guilty Age group 2003 2004 2005 2006 2007 2003 2004 2005 2006 2007

10-17 Violent 18,618 18,217 18,123 18,457 18,555 9,668 10,457 11,061 11,713 12,337 offences Non violent 122,172 118,445 113,608 107,732 107,979 82,873 85,733 85,096 81,976 85,104 offences

18-20 Violent 15,798 14,604 14,433 14,653 14,230 8,129 8,520 8,821 9,449 9,849 offences Non violent 205,968 191,682 174,739 165,256 158,361 154,359 148,231 137,806 133,612 130,763 offences

21 and over Violent 68,049 60,914 57,853 53,953 50,938 31,897 32,438 32,938 33,708 33,669 offences Non violent 1,556,205 1,603,373 1,502,837 1,408,127 1,371,432 1,194,295 1,252,609 1,199,530 1,143,315 1,136,243 offences

All ages Violent 102,465 93,735 90,409 87,063 83,723 49,694 51,415 52,820 54,870 55,855 offences Non violent 1,884,345 1,913,500 1,791,184 1,681,115 1,637,772 1,431,527 1,486,573 1,422,432 1,358,903 1,352,110 offences 1 Data are on the principal offence basis. 2 Data includes the following offence types: Violent offences: Violence against the person Sexual Offences Robbery Non Violent offences: Burglary Theft and handling stolen goods Fraud and forgery Criminal damage Drug offences Other indictable offences Indictable motoring offences Summary offences (excluding motoring) Summary motoring offences 3 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts, other agencies, 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: Court proceedings data held by CJEAU—Office for Criminal Justice Reform—Ministry of Justice

Justine Greening: To ask the Secretary of State for crime and justice through a triple track approach of the Home Department (1) what the stated aim of the prevention, non-negotiable support, and tough enforcement. Youth Crime Action Plan Initiative is; how much The action plan is backed by £100 million of new funding has been (a) distributed to and (b) spent by funding, including funding for 71 local areas to implement local authorities through the grant in each year since a package of intensive measures to address youth crime. the grant’s inception; and how much his Department In 2008-09, the 69 areas in England received a total of expects to spend in the next two years; [292421] £4.5 million, plus an additional £1.7 million for positive (2) what categories of expenditure are covered by activities on Friday and Saturday nights, and the areas funding through the Youth Crime Action Plan report that this money has been spent in its entirety. The Initiative grant; and what assessment has been made 69 areas will receive £24.2 million in 2009-10, plus an of the success of the funding against its objectives of additional £1.4 million for summer alcohol activity, and (a) preventing youth offending, (b) reducing re- a further indicative amount of £24.2 million in 2010-11. offending, (c) building public confidence and offering In addition, two areas in Wales will receive a total of better support to young victims and (d) ensuring that £350,000 in 2009-10 and can expect the same in 2010-11 those in the youth prison system are able to achieve the to implement the elements of the package that are five Every Child Matters outcomes. [292422] non-devolved. The action plan funding covers expenditure to support Mr. Alan Campbell: The Youth Crime Action Plan, the triple track approach. For example, to provide support published in July 2008, is the cross-Government strategy for families in the greatest difficulty; police and social for dealing with the full range of issues around youth workers taking unsupervised young people off the streets 1189W Written Answers16 OCTOBER 2009 Written Answers 1190W at night; and to ensure that more young offenders carry Tidal Power Commission and the commercial, fiscal out unpaid work to repay their communities in their and legislative regimes necessary to regulate the harvesting leisure time. of this resource. The action plan’s achievements so far are set out in Youth Crime Action Plan One Year On, published in Councillors: Data protection July 2009, and build on the Government’s earlier successes which have seen recently a fall in the number of children Mrs. Spelman: To ask the Secretary of State for entering the criminal justice system for the first time Justice what recent guidance his Department has issued and a fall in the rate of reoffending. to local authorities on whether councillors are required to register individually under the provisions of the Data Protection Act 1998. [292638] INTERNATIONAL DEVELOPMENT Mr. Wills: The Information Commissioner’s Office Building Britain’s Future (ICO) is the UK’s independent authority with responsibility for enforcing the Data Protection Act 1998 and Andrew Rosindell: To ask the Secretary of State for administering the register of data controllers under that International Development how many recent functions Act. The ICO produces guidance to help individuals he has attended to promote the proposals contained in and organisations understand their rights and obligations Building Britain’s Future, Cm 7654. [290431] and has published a good practice note entitled “Advice for the elected and prospective members of local authorities” Mr. Douglas Alexander: I attended one official function which includes advice on the issue of councillors’ for Building Britain’s Future which took place on 16 July notification under section 18 of the Act. This advice is 2009 in Swindon. available on the ICO’s website and I have placed a copy in the Library.

JUSTICE Crown Dependencies: Prisons

Burges Salmon Solicitors Andrew Rosindell: To ask the Secretary of State for Justice what the prison (a) capacity and (b) population Dan Rogerson: To ask the Secretary of State for is in each of the British Crown Dependencies. [293450] Justice when the Solicitors Regulation Authority expects to complete its investigation of Burges Salmon Mr. Wills: The maximum capacity of prisons in the LLP; and whether he expects the adjudication process Crown Dependencies is as follows: HMP La Moye to be expedited in that case. [290072] (Jersey) 258, Guernsey Prison 122, and 138 on the Isle of Man. On 13 October 2009 their prison populations Bridget Prentice: Although the Solicitors Regulation were 187, 72 and 110 respectively. The capacity of each Authority (SRA) does not usually comment on ongoing prison is restricted in terms of limits on male, female investigations, it is aware that matters relating to this and special categories. particular investigation are already in the public domain. The SRA has informed me that it is giving high priority Departmental Manpower to this case. The SRA considers the investigation to be complex but expects it to be completed within a few months, at which time a decision will be made about John Mann: To ask the Secretary of State for Justice appropriate action. how many staff there were in (a) his Department’s predecessor in 1997 and (b) his Department on the Channel Islands: Tidal Power latest date for which figures are available. [292067]

Andrew Rosindell: To ask the Secretary of State for Mr. Wills: In 1997 the Ministry of Justice’s predecessor Justice pursuant to the Answer of 7 May 2009, Official was the Lord Chancellor’s Department, which had Report, column 359W, on British Overseas Territories: responsibility for appointing and advising on the renewable energy, what progress has been made by the appointment of judges, running the court system and a Islands of Jersey and Guernsey in establishing tidal certain number of tribunals and assisting in the reform energy commissions. [293421] of the English law. To this end it controlled the Public Trust Office, the Courts Service, the Official Solicitor’s Mr. Wills: Guernsey has put in place a ‘shadow’ Office, the Office of the Judge Advocate General, the Renewable Energy Commission. In June 2009 the States Legal Aid Board and several more government agencies. of Guernsey directed the drafting of legislation for Since 1997 there has been a number of machinery of arranging the licensing of the operation and deployment government changes, which resulted in the establishment of macro renewable energy systems in Guernsey. The of the Ministry of Justice in May 2007. These changes intention is to establish a commission by the end of included the establishment of the Department of 2010. Constitutional Affairs from the Lord Chancellors Jersey has put in place a ‘shadow’ Tidal Power Department in June 2003; the creation of Her Majesty’s Commission that is looking at the feasibility of harvesting Courts Service from the Magistrates Courts Service and offshore renewable energy resources. Should this appear the Courts Service in April 2005; the setting up of the economically viable they will make recommendations Tribunals Service from other Government Departments to Jersey Ministers in respect of the composition of the in April 2006; and the transfer of HM Prison Service, as 1191W Written Answers16 OCTOBER 2009 Written Answers 1192W part of the National Offender Management Service, against under the various fraud offences contained in with the creation of the Ministry of Justice in May the Fraud Act 2006. The common law offence of conspiracy 2007. to defraud might also be relevant, depending on the Along with the organisational changes, the management circumstances of the case. Data covering offences under information systems and the data they hold have been the relevant sections of these acts for the number of subject to significant change. As a consequence, information persons proceeded against at magistrates’ courts and on numbers of staff in all the Department’s predecessors found guilty at all courts in England and Wales, for the for 1997 could be obtained only at disproportionate years 2005 to 2007 (latest available) is shown in the cost. following table. However, it is possible to provide for 1 April 1997 Data for 2008 are planned for publication at the end published information on civil service staff numbers of January 2010. from the Cabinet Office website. The number of full-time Number of defendants proceeded against at magistrates’ courts and equivalent staff recorded as working within the Lord found guilty at all courts for selected offences relating to fraud, Chancellor’s Department was 10,652 and for HM Prison England and Wales, 2005 to 20071,2,3,4 Service it was 37,704. 2005 2006 2007 The latest staff figures for the Ministry of Justice are Proceeded against 9,955 7,983 8,200 published quarterly by the Office for National Statistics Found guilty 7,625 6,266 6,107 (ONS) and they form part of their public sector employment 1 The statistics relate to persons for whom these offences were the statistics. The latest published data for the Ministry of principal offences for which they were dealt with. When a defendant Justice (30 June 2009) are set out in the table. The table has been found guilty of two or more offences the principal offence is provides full-time equivalent (FTE) figures for the Ministry the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is of Justice (as published by the ONS). the offence for which the statutory maximum penalty is the most Staff numbers (FTEs) as at 30 June 2009 severe. 2 Number Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have MOJ HQ 3,020 been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken NOMS1 50,660 to ensure data collection processes and their inevitable limitations are HMCS 18,940 taken into account when those data are used. Tribunals Service 2,850 3 Defendants may be proceeded against in one year and found guilty Office of the Public Guardian 360 in the following year. 4 Includes the following statutes and corresponding offence description: Scotland Office 110 Theft Act 1968 Sec 15. Wales Office 60 Obtaining property by deception. Total2 76,000 Theft Act 1978 Sec 1. 1 The figures for the National Offender Management Service (NOMS) Obtaining services by deception (except railway frauds). refer to HQ and directly employed staff in public sector prisons only. Common Law. They do not include the National Probation Service where the responsibility Conspiracy to defraud. for staffing lies with the 42 areas and trusts who employ these staff. Fraud Act 2006 S.1(2aX3X4) & 2 2 The total figures do not include the Land Registry (5,860) or Dishonestly makes a false representation to make a gain for himself National Archives (630) recorded by the ONS under the category of or another or to cause loss to another or to expose another to a risk. Justice. These agencies are not reported as part of the Ministry of Fraud Act 2006 S.1(2bX3) Justice’s departmental annual report. Dishonestly fails to disclose information to make a gain for himself or another or to cause loss to another or to expose another to a risk. Family Courts Fraud Act 2006 S.6 Possession etc. of articles for use in frauds Mr. Andrew Turner: To ask the Secretary of State for Fraud Act 2006 S.7 Make, adapt, supply or offer to supply any article knowing that it is Justice which family courts have plans to hold open designed or adapted for use in the course of or in connection with days. [291658] fraud, or intending it to be used to commit or facilitate fraud Source: Bridget Prentice: Open days are held by many courts Evidence and Analysis Unit - Office for Criminal Justice Reform across HMCS covering a broad range of jurisdictions Human Trafficking including family. The extent and regularity of these are determined locally, by local managers, according to local needs, and there is no central record kept of past Jim Cousins: To ask the Secretary of State for Justice events or future plans. what services will be available for trafficked women under the POPPY project in the City of Newcastle Fraud: Prosecutions upon Tyne in (a) 2009-10 and (b) 2010-11. [292800]

Miss McIntosh: To ask the Secretary of State for Claire Ward: The Council of Europe Convention on Justice how many prosecutions which resulted in a Trafficking which the Government ratified in December conviction there have been for offences related to credit last year commits the UK to provision of sheltered card fraud in each of the last three years. [293487] accommodation for all those trafficked women who need it. Claire Ward: There is no specific offence of credit The Government have consequently invested £4million card fraud. Prior to January 2007 persons involved in into specialist support services for victims of human this type of activity are likely to have been prosecuted trafficking over the next two years. This includes an under the deception offences in the 1968 and 1978 Theft investment of £3.7 million into the Poppy project to Acts relating to obtaining property by deception. From expand and improve the services that are available to January 2007 offenders are likely to have been proceeded victims that have been trafficked into the sex-industry 1193W Written Answers16 OCTOBER 2009 Written Answers 1194W and domestic servitude. The additional investment will Party Conferences see an expansion of supported accommodation, with refuge places for victims of trafficking for sexual exploitation Mr. Don Foster: To ask the Secretary of State for and domestic servitude in London, Sheffield and Cardiff. Justice whether any of his Department’s non- The investment will also fund a new national co-ordinator departmental public bodies sent representatives to who will help set best practice standards and work with attend one or more political party conferences in 2009. areas to raise awareness with local agencies and funding [293472] commissioners. There will also be an increase in advocacy workers to help provide one-to-one tailored support Mr. Wills: No non-departmental public bodies sponsored and the community outreach team will also be extended by the Ministry of Justice sent representatives to any of with two link workers based within the UK Human the political party conferences in 2009. Trafficking Centre to work in partnership with the police, UK Border Agency and other partners to help Political Parties: Finance with victim identification and onward referral into support. Additionally, £300,000 is being invested into the UK Human Trafficking Centre to develop flexible support Mr. Tyrie: To ask the Secretary of State for Justice if services for victims of labour trafficking. he will ask each of the three participating political parties if they will consent to place all background Trafficked women in the City of Newcastle upon papers and minutes from the inter-party talks on the Tyne can therefore access the full range of support funding of political parties in the public domain; and if provided by the Poppy project; including tailored support he will place in the Library a copy of those papers. from the community outreach team and if needed, be [292599] relocated to supported accommodation in the identified locations, safety permitting. Mr. Straw: As I said in the debate on the publication Legal Profession: Fees and charges of the White Paper, Party finance and expenditure in the United Kingdom, on 16 June 2009, Official Report, column 695 release of these papers is a matter for Sir Mr. Drew: To ask the Secretary of State for Justice Hayden Phillips, not the Government. how many clients have been represented by no-win no-fee solicitors in employment tribunals in the most recent 12 month period for which figures are available. Prisons: Drugs [292601] David Howarth: To ask the Secretary of State for Bridget Prentice: The Ministry of Justice (MOJ) does Justice whether there was any discrepancy between the not hold the information requested. A survey of number of drugs received into prison pharmacies in Employment Tribunal Applications (SETA) conducted England and Wales and the number prescribed in these by the (then) Department of Trade and Industry in prisons in the most recent 12 month period for which 2003 suggests that damages-based agreements funded figures are available; and what arrangements are in 11 per cent. of cases. A further survey was conducted in place for regular auditing to verify such information. 2008 the results of which are expected to be published [292604] later this year. Phil Hope: I have been asked to reply. Means Warrants: Greater London This information is not collected centrally. The responsibility for commissioning offender health services Jim Dowd: To ask the Secretary of State for Justice in publicly run prisons in England has been fully devolved what his most recent assessment is of the monetary to national health service primary care trusts since 2006 value of means warrants written off in Greater London and as such pharmacy services are commissioned locally. in each of the last five years for which figures are available. [290080] Local clinical audit and governance is in place for offender medication management as in the wider NHS. Bridget Prentice: The total values of financial penalties administratively cancelled by the HMCS London area Prisons: Manpower in the last five years are shown in the table. Lynne Jones: To ask the Secretary of State for Justice Amount administratively which staff (a) grades, (b) rates of pay and cancelled (£) (c) vacancies there were in the prison service in each of 2008-09 21,154,762.19 the last three years; what his Department’s policy on 2007-08 14,299,628.59 recruitment in the prison service has been in each such 2006-07 13,157,208.52 year; if he will consider proposals for a new prison 2005-06 573,379.42 officer grade, including rate of pay; and if he will make 2004-05 1,038,403.34 a statement. [292436] The amount shown equates to all administratively Maria Eagle: The grades at which staff were employed cancelled financial penalties not just the monetary value in HM Prison Service is shown in the following table of means warrants which have been written off. The together with the maximum and minimum rate of pay Department is unable to provide data solely relating to for each grade or payband in each year of the last three means warrants without incurring disproportionate costs. years. 1195W Written Answers16 OCTOBER 2009 Written Answers 1196W

2006-07 2007-08 2008-09 Grade Min Max Min Max Min Max

Sen Man A 60,442 78,832 60,442 80,858 62,515 82,071 Sen Man B 55,528 76,793 55,528 78,483 58,165 79,661 Sen Man C 53,357 69,157 53,357 70,679 55,060 71,740 Sen Man D 44,589 63,535 44,589 64,933 41,725 60,433 Manager E 29,184 43,927 29,184 44,894 31,210 45,568 Manager F 26,280 37,262 26,280 38,082 27,690 38,654 Manager G 23,434 30,676 23,434 31,351 24,235 31,822

Prison Officer 17,744 27,530 18,135 28,136 18,135 28,643 Senior Officer 29,371 29,371 30,165 30,165 30,708 30,708 Principal Officer 30,926 31,913 31,762 32,616 31,762 33,204 Asst stores person 12,796 13,847 12,796 14,152 12,796 14,407 Auxiliary 12,008 13,318 12,008 13,611 12,008 13,856 Night patrol 12,726 14,084 12,726 13,611 12,008 13,856 OSG 14,767 17,371 15,092 17,754 15,092 18,074 Stores person 13,698 14,942 13,698 15,271 13,698 15,546

Admin Asst 12,376 14,089 12,626 14,372 12,626 14,372 Admin Offr 14,444 19,877 14,762 20,315 14,762 20,315 Catering Manager 21,525 27,348 21,525 27,348 21,525 27,348 Chaplain Band 1 23,082 35,799 23,082 35,799 23,082 35,799 Chaplain Band 2 20,277 31,447 20,277 31,447 20,277 31,477 Drugs worker 18,536 22,291 18,536 22,291 18,536 22,291 Exec Officer 21,419 24,143 21,998 24,795 21,998 24,795 Farm Manager 21,525 27,348 21,525 27,348 21,525 27,348 Instructional Off 17,989 23,666 17,989 23,666 17,989 23,666 Medical Officer 51,267 61,045 51,267 61,045 51,267 61,045 Personal Sec 14,810 19,877 15,136 20,315 15,136 20,315 Prof & Tech Offr 20,996 26,675 20,996 26,675 20,996 26,675 Psych asst 14,444 19,290 14,444 19,290 14,444 19,290 Scientific Officer 18,444 25,632 18,444 25,632 18,444 25,632 Senior Med Offr 54,159 70,897 54,159 70,897 54,159 70,897 Senior Pers Sec 21,419 23,430 21,998 24,063 21,998 24,063 SGB1 14,089 15,412 14,372 15,723 14,372 15,723 SGB2 12,563 14,089 12,816 14,372 12,816 14,372 SGB2 cleaner 12,012 13,139 12,253 13,404 12,253 13,404 Stores Officer C 19,680 25,000 19,680 25,000 19,680 25,000 Stores Officer D 18,170 23,082 18,170 23,082 18,170 23,082 Tech Grade 1 18,170 23,082 18,170 23,082 18,170 23,082 Trainee Psych 17,285 19,581 17,285 19,581 17,285 19,581 Typing Manager 21,419 23,430 21,998 24,063 21,998 24,063 Typist 12,563 15,412 12,816 15,723 12,816 15,723

Ind 1 pattern A 19,166 20,967 19,651 21,496 19,651 21,496 Ind 1 pattern B 22,041 24,113 22,599 24,721 22,599 24,721 Ind 1 pattern C 24,916 27,258 25,547 27,945 25,547 27,945 Ind 2 pattern A 17,696 19,553 18,143 20,047 18,143 20,047 Ind 2 pattern B 20,351 22,486 20,865 23,055 20,865 23,055 Ind 2 pattern C 23,005 25,419 23,586 26,062 23,586 26,062 Ind 3 pattern A 16,836 17,874 17,261 18,325 17,261 18,325 Ind 3 pattern B 19,362 20,556 19,851 21,074 19,851 21,074 Ind 3 pattern C 21,887 23,237 22,440 23,823 22,440 23,823 Ind 4 pattern A 14,862 16,177 15,237 16,587 15,237 16,587 Ind 4 pattern B 17,092 18,604 17,523 19,076 17,523 19,076 Ind 4 pattern C 19,321 21,031 19,089 21,564 19,809 21,564 Ind 5 pattern A 14,000 15,314 14,353 15,700 14,353 15,700 Ind 5 pattern B 16,100 17,612 16,506 18,055 16,506 18,055 Ind 5 pattern C 18,200 19,909 18,659 20,410 18,659 20,410 Note: The figures (shown in £ sterling) do not include location, unsocial hours or other allowances, overtime or other additional payments. 1197W Written Answers16 OCTOBER 2009 Written Answers 1198W

The pay and allowances of operational grades within Occupancy rate HM Prison Service (officers and operational managers) Contracted places (percentage) is subject to annual review by the Prison Service Pay Review Body (PSPRB). The pay and allowance of other Aycliffe 30 73 grades are set through collective bargaining. Barton Moss 20 85 Vacancy data was not collated centrally or subject to Clayfields House 12 100 full data assurance until recently although the information Eastmoor 34 97 was created in local business units. Reliable data available Hillside 15 93 nationally shows that the number of vacancies across Kyloe House 3 67 prisons and NOMS headquarters, reported on 31 March Lincolnshire 9 100 2009, was 2,564. Providing data from earlier years could Redbank 28 86 be collected only by requesting information from a Swanwick Lodge 12 92 large number of business units, which would entail Vinney Green 21 79 disproportionate cost. Recruitment policies within the Prison Service and STCs NOMS have undergone significant change to use Hassockfield 58, 62 information technology better and administer processes Medway 76 76 through a shared service centre. As a result most of the pre and post assessment recruitment activity takes place Oakhill 80 91 on line and has been centralised. Prison officers are the Rainsbrook 87 79 largest group of staff recruited, reflecting increases in prison capacity, and recruitment activity for this group YOIs of staff has been streamlined so that application and Contracted Places Occupancy rate (%) initial testing occurs on-line followed by a single day Ashfield 400 69 assessment event that includes work based simulations Brinsford 112 90 and a fitness test. Castington 168 86 All new prison officers appointed on or after 1 October Cookham Wood 157 62 2009 are subject to new terms and conditions based on Downview 16 88 a 37 hour week with associated new rates of pay. There Eastwood 16 100 are two paybands for new Prison Officers, depending on Feltham 240 85 the role undertaken. All new Prison Officers start Foston Hall 16 100 employment in the Prison Officer 2 core officer role in Hindley 440 76 the lower payband. Huntercombe 360 64 The total appointment salary for new appointments New Hall 26 73 in Prison Officer 2 roles is £17,1871. This is composed Parc 64 97 of £14,690 base pay plus £2,497 for unsocial hours Stoke Heath 202 63 working. This rate may be reviewed by the PSPRB as Warren Hill 222 94 part of their annual review of Prison Service salaries. These new staff may elect to work up to four additional Werrington 160 84 hours on top of the standard 37 net hours per week. Wetherby 408 83 These additional hours will be paid at an enhanced rate to reflect they are non-pensionable. In parts of the Solicitors Regulation Authority country, officers will receive a location allowance also. Secure Accommodation: Secure Training Centres Dan Rogerson: To ask the Secretary of State for Justice how many cases have been processed by the David Howarth: To ask the Secretary of State for Solicitors Regulation Authority in each year since its Justice what the maximum capacity is of each creation; and how many such cases resulted in (a) no (a) secure children’s home, (b) secure training centre further action decision and (b) sanctions against a and (c) young offender institution; what the solicitor. [290069] occupancy rate of each is; and if he will make a statement. [292607] Bridget Prentice: The information I have received Maria Eagle: The following table shows the number from the Solicitors Regulation Authority (SRA) states of contracted places at each (a) secure children’s home that over 18,000 investigations have been concluded (SCH), (b) secure training centre (STC), and (c) young since it’s creation in January 2007. This breaks down as offender institution (YOI) in the under-18 secure estate. follows: The occupancy rate of each, as at 9 October 2009, is shown as a percentage. Data have been provided by the Date Number of cases Youth Justice Board and have been drawn from 2007 16,883 administrative computer systems. 2008 27,341 2009 (January to June) 33,838 Occupancy rate 1 A monthly average of 573.6 Contracted places (percentage) 2 A monthly average of 611.8 3 SCHs A monthly average of 639.7 Aldine House 4 50 Where regulatory action is deemed appropriate, outcomes Atkinson Unit 3 67 for these investigations can be categorised in one of three ways. First a sanction may be applied with no 1199W Written Answers16 OCTOBER 2009 Written Answers 1200W action required or secondly the case may be referred to Bridget Prentice: At the end of the 2008-09 financial the Solicitors Disciplinary Tribunal or thirdly a case is year there was a total of £545 million outstanding in closed due to ongoing action elsewhere. The SRA has unpaid financial penalties across England and Wales. provided me with a break down of sanctions against Her Majesty’s Courts Service systems do not identify solicitors for this period. These are as follows: the number of individuals to which the outstanding balance relates. The outstanding balance has risen through Number Disciplinary the application of a strict policy that only allows fines regulatory referral/ action Percentage Sanction Percentage ongoing Percentage to be written off in certain circumstances. The outstanding required of cases applied of cases action of cases balance includes fines imposed a number of years ago during the period when fines could not be cancelled 2007 5,257 76 960 14 666 10 (2004-06) and fines which are being paid by instalments. 2008 5,750 78 784 11 807 11 20091 2,956 77 408 11 474 12 The national payment rate for financial penalties at 1 January to June the end of the 2008-09 financial year was 85 per cent. and 71 per cent. excluding the value of administrative cancellations. Dan Rogerson: To ask the Secretary of State for Justice what the average length of time taken by the HMCS is currently implementing the ‘Criminal Solicitors Regulation Authority to determine a case Compliance and Enforcement Services—A Blueprint was in the latest period for which figures are available. for 2008 to 2012’ which was launched in July 2008 and is [290070] currently being implemented by all of the HMCS regions. The blueprint sets out HMCS’s strategic objective which is for a cheaper, faster and more proportionate system Bridget Prentice: The information I have received that primarily focuses on ‘first time’ compliance while from the Solicitors Regulation Authority (SRA) states continuing to apply the principles of rigorous enforcement that, based on a total number of 3,838 cases closed to the hard core of defaulters. between January and June 2009, standard cases were closed within 3.1 months on average. This includes time taken for referral for adjudication where necessary. Young Offenders: Restraint Techniques The SRA has further explained that, where allegations are assessed as being high-risk, and it is deemed necessary to do so, field-based investigations may be undertaken. David Howarth: To ask the Secretary of State for Based on 211 such investigations concluded between Justice if he will place in the Library a copy of the January and June 2009, these cases took an average of documentation relating to AdaptedC&Rpiloted in 9.8 months from authorisation to completion, including Feltham and Cookham Wood Young Offender the issue of a report where necessary. In addition, 11 Institutions in May 2006 and as referred to in extremely complex cases were concluded within this paragraph 8.30 of the 2008 Independent Review of period, taking an average of 16.0 months to complete. Restraint in Juvenile Secure Settings. [292605] Maria Eagle: I refer the hon. Gentleman to the Dan Rogerson: To ask the Secretary of State for answer I gave on 12 October 2009, Official Report, Justice what the average length of time is between the column 181W. determination of a case by the Solicitors Regulation Authority and its conclusion by adjudication in the A pilot of juvenile restraint techniques (JRT) for use latest period for which figures are available. [290071] on young people (15-17 year olds) commenced in May 2006. An interim evaluation report was produced in April 2007 and I have arranged for a copy of this to be Bridget Prentice: The information I have received placed in the House of Commons Library. Shortly after from the Solicitors Regulation Authority (SRA) states the completion of this report, the “Independent Review that cases adjudicated upon internally are dealt with of the Use of Restraint in Juvenile Secure Settings” was either by an individual adjudicator or a panel of announced and a decision was taken to suspend further adjudicators. Over 1,000 adjudications took place in work on JRT pending the outcome of the review. between January and June 2009. Decisions by an individual adjudicator had a turnaround time of 23 days on average The Government’s response to the independent review (0.8 months). An adjudication panel decision took an was published in December 2008 and part of this average of 34 days (1.1 months). announced the development of a more comprehensive system of restraint for young people as part of a wider Matters referred for disciplinary proceedings may be behaviour management system. Piloting of this new combined with others into single cases brought before system of restraint is expected to begin early next year. the Solicitors Disciplinary Tribunal (SDT). It takes an average of 184 days (6.0 months) to put these cases together, and the SDT then aims to schedule a hearing David Howarth: To ask the Secretary of State for within six months of issue of proceedings. Justice if he will place in the Library a copy of the Prison Service review into the case for extending the use of the baton to young people’s estates, as referred Unpaid Fines to in paragraph 8.39 of the 2008 Independent Review of Restraint in Juvenile Secure Settings. [292606] Mr. Fallon: To ask the Secretary of State for Justice how much was outstanding in unpaid fines to the Maria Eagle: I refer the hon. Gentleman to the courts in the latest year for which figures are available; answer I gave on 12 October 2009, Official Report, and from how many people. [292507] column 181W. 1201W Written Answers16 OCTOBER 2009 Written Answers 1202W

I have arranged for a copy of the Prison Service Gatwick Airport report, “Review of the Potential Use of the Baton in the Young People’s Estate” to be placed in the House of Mr. Hoyle: To ask the Minister of State, Department Commons Library. for Transport what the Government’s role is in establishing the future (a) operation and (b) ownership of Gatwick Airport; and if he will make a statement. NORTHERN IRELAND [293849] Administration of Justice: Translation Service Paul Clark: Gatwick is a designated airport under the Mark Durkan: To ask the Secretary of State for Airports Act 1986 and as such its future operation is a Northern Ireland whether the National Framework matter for its operator and the Civil Aviation Authority. Agreement on arrangements for the use of interpreters, The sale of Gatwick airport was required by the translators and language service professionals within Competition Commission following its investigation the criminal justice system applies to Northern Ireland. into the supply of airport services by BAA. The [292834] Competition Commission’s requirements for any new owner of Gatwick were set out in detail in its report Paul Goggins: I refer the hon. Member to the answer (which was published on 19 March 2009). These include I gave on 7 July 2009, Official Report, column 656W. that it should have appropriate expertise and financial resources to operate and develop the airport, as well as a sufficient degree of independence from BAA. OLYMPICS The sale is a commercial matter for BAA subject to it Olympic Games 2012: Heating satisfying the Competition Commission’s requirements. The Government have no formal role in the transaction John Mann: To ask the Minister for the Olympics and have no statutory powers to intervene in it. Department how many buildings which will be used for the London for Transport officials have ensured that the various 2012 Olympics will use heat generated by (a) solar bidders for the airport have had equal access to information panels and (b) ground source heat pumps. [292002] on the regulatory context and broader aviation policy Tessa Jowell: There are no plans to use solar panels framework as it affects Gatwick. Officials have also or ground source heating pumps to heat the venues on shared information on these matters with the Competition the Olympic Park. Heat for these buildings will be Commission to assist in the Competition Commission’s provided from a purpose built Energy Centre and formal consideration of the suitability of various bidders. Community Energy Network. The Energy Centre comprises BAA has challenged the legality of certain of the biomass boilers fuelled by renewable wood pellets and is Competition Commission’s findings, and its appeal is designed to capture enough heat during the electricity due to be heard by the Competition Appeals Tribunal production process to supply heating and hot water to on 19-21 October. all the buildings on the Olympic Park. These measures are part of the Olympic Delivery Northern Rail: Rolling Stock Authority’s strategic approach to energy supply on the Olympic Park, which seeks to achieve the ambitious Norman Baker: To ask the Minister of State, target that carbon emissions from the built environment Department for Transport for what reasons the number in the Park should be reduced by 50 per cent., against of new rail carriages originally planned for Northern 2006 standards’ levels, by 2013. The strategic approach Rail has been reduced. [290300] includes designing permanent venues to make them 15 per cent. more energy efficient than the 2006 Building Chris Mole: No decision has yet been made on the Regulations require and building a wind turbine that total number of vehicles that Northern Rail should add will produce the energy equivalent to supplying 1,000 to its train fleet. The Department for Transport is homes over an average year. currently working with Northern Rail on a first phase of additional rolling stock to address overcrowding issues. TRANSPORT Parking Aviation: Greater London Mrs. Spelman: To ask the Minister of State, Bob Spink: To ask the Minister of State, Department Department for Transport whether revenue raised by for Transport whether he has made an assessment of local authorities from (a) on-street parking charges the likely environmental impact of an airport located in and (b) parking fines is ring-fenced. [292586] the Thames Estuary. [293392] Paul Clark: Options for offshore or coastal airports Mr. Khan: The revenue raised from on-street parking were considered extensively in the work leading to the charges must be used in accordance with Section 55 (as Air Transport White Paper in 2003. A summary assessment amended) of the Road Traffic Regulation Act 1984, of their impacts was presented in the report ‘Development which limits the use of surplus funds to transport of Airport Capacity in the Thames Estuary’, December related objectives or for environmental purposes. 2003, available on the Department for Transport website Local authorities in England operating under the at: Civil Parking Enforcement (CPE) regime issue Penalty www.dft.gov.uk/about/strategy/whitepapers/air/docs/ Charge Notices (PCNs) for parking contraventions. lopmentofairportcapacity5669.pdf The revenue raised from PCNs must also be used in 1203W Written Answers16 OCTOBER 2009 Written Answers 1204W accordance with Section 55 (as amended) of that Act. Chris Mole: Data on trains which may have departed Where the local authority has not taken on the CPE from stations before their scheduled time is not held by powers under the Traffic Management Act 2004 to the Department for Transport, but by Network Rail. enforce parking contraventions, enforcement is carried Please contact Iain Coucher, chief executive of Network out under criminal law by the Police who issue parking Rail, at the following address for this information: fines for parking offences. The revenue raised from Mr. Iain Coucher parking fines goes to the Treasury. Chief Executive Network Rail Railway Stations: Ticket Offices Kings Place 90 York Way Lynne Featherstone: To ask the Minister of State, Department for Transport how many non-Transport London for London railway station ticket offices in each N1 9AG London borough have (a) been closed and (b) had Of all train arrivals, 91.3 per cent. arrived at their opening hours reduced in each of the last four years; destination within the specified punctuality margin in and if he will make a statement. [293059] the 12 months up to 19 September 2009.

Chris Mole: The Department for Transport does not hold this information in the form requested. Full detail TREASURY of National Rail ticket office opening hours are listed in Schedule 17 of the Ticketing and Settlement Agreement Council Tax: Valuation Office (TSA) and a copy of this document, for years 2005 to 2009, has been placed in the Library of the House. Mrs. Spelman: To ask the Chancellor of the A number of National Rail ticket offices in London Exchequer pursuant to the answer of 16 September have closed permanently as part of railway infrastructure 2009, Official Report, column 2287W, on the Valuation improvement schemes: Office Agency, on what date the Valuation Office King’s Cross Thameslink station where the National Rail Agency published its guidance on council tax bands station closed as part of the Thameslink Programme. A new and self-contained units. [293030] station and ticket office was opened at St. Pancras International. Ian Pearson: Practice Note 5 of the Valuation Office Custom House, Silvertown and North Woolwich where the National Rail stations closed to enable an extension to the Docklands Agency (VOA) council tax manual contains the instructions Light Railway to be built. giving guidance on council tax bands and self contained units. These instructions were published online when the VOA website was originally set up in January 2000. Lynne Featherstone: To ask the Minister of State, Department for Transport what assessment his A new fact sheet designed to assist the public in Department has made of the effects on passenger understanding council tax law on self-contained units safety of the closure of railway station ticket offices on was published in May 2007 and is also available on the the First Connect line through Hornsey and Wood VOA website. Green; and if he will make a statement. [293058] Private Finance Initiative

Chris Mole: First Capital Connect (FCC) has followed Jim Cousins: To ask the Chancellor of the Exchequer the Ticketing and Settlement Agreement processes for what guidance he has given to Government changing ticket office opening hours. The Ticketing and departments on the fair valuation of risk and risk Settlement Agreement is an inter-operator agreement transfer in the evaluation of bids under the private which sets out, among other things, arrangements for finance initiative where (a) RBS and (b) Lloyds ticket retailing. A safety assessment is not required Banking Group are partners in such bids. [292799] under this Agreement. Since the start of the franchise FCC has invested Ian Pearson: None, guidance on public private heavily or achieved the following: partnerships in general is available on the Treasury Has achieved Secure Stations at all of their stations within the website at: Greater London area; www.hm-treasury.gov.uk/ppp_index.htm Improved relationships and joint working with the British Transport Police to manage out crime and improve response to Public Expenditure crime. Mrs. Villiers: To ask the Chancellor of the Railways: Standards Exchequer with reference to the Pre-Budget Report and Comprehensive Spending Review 2007, page 49, what his most recent estimate is of the projected levels Bob Spink: To ask the Minister of State, Department of long-term funding for his Department in order to for Transport what records his Department holds on provide for the 2.25 per cent. real growth in the the number of rail services which departed stations Long-Term Funding Guideline to 2018-19 set out in prior to their scheduled departure time in the last that document. [290160] 12 months; what proportion of these services arrived at their destination on time; and if he will make a Mr. Byrne: Departmental budgets for the next spending statement. [293599] review period will be set in due course. 1205W Written Answers16 OCTOBER 2009 Written Answers 1206W

Public Expenditure: Transport Ian Pearson: Valuation Office records do not show whether non-domestic property entered in the rating Mrs. Villiers: To ask the Chancellor of the lists in England and Wales are either occupied or Exchequer with reference to the Pre-Budget Report unoccupied. and Comprehensive Spending Review 2007, page 49, what his most recent estimate is of the projected levels of spending on transport to 2018-19. [290159] WOMEN AND EQUALITY Mr. Byrne: Departmental budgets for the next spending Government Equalities Office: Manpower review period will be set in due course. Andrew Rosindell: To ask the Minister for Women Revenue and Customs: Telephone Services and Equality how many people aged over (a) 55 and (b) 65 years are employed by the Government Mr. Oaten: To ask the Chancellor of the Exchequer Equalities Office. [290384] how many people would pay (a) more, (b) less and (c) the same for calls to HM Revenue and Customs Michael Jabez Foster: The Government Equalities helplines with 0845 prefixes if they were changed to Office employs less than five staff over the age of 55 and numbers with 0300 prefixes. [293637] none over 65 years. The Government Equalities Office does not confirm numbers less than five in order that Mr. Timms: HM Revenue and Customs does not individuals may not be identified. hold this information. The cost of calls to 0845 and other non geographical numbers is dependent on several factors. Calls are charged to the customer based on the tariff arrangements they have with their service provider, WORK AND PENSIONS the device they use for the call and the location from Pathways to Work which they call. There are therefore many hundreds of variations of call costs. Mr. Harper: To ask the Secretary of State for Work Stamp Duties and Pensions how many and what proportion of people on incapacity benefit have voluntarily joined Sarah Teather: To ask the Chancellor of the Pathways to Work in each year for which information Exchequer what estimate he has made of the cost to the is available. [288619] Exchequer of only levying stamp duty on the Jonathan Shaw [holding answer 21 July 2009]: Official individual dwellings in a bulk rental purchase. [292901] statistics on the number of participants in Pathways to Sarah McCarthy-Fry: No such estimate has made. Work are available up to January 2009, these are published at: Taxation: Pensions http://research.dwp.gov.uk/asd/workingage/ib_ref_p2w.asp We cannot estimate the proportion of the eligible Steve Webb: To ask the Chancellor of the Exchequer population who have volunteered for Pathways each whether lump sum arrears of basic state pension paid year without incurring disproportionate cost. We do, under the reinstatement of deficiency notices project however, hold information of the number of volunteers are taxable; and if he will make a statement. [292837] in each year, up to January 2009. This is shown in the following table. Mr. Timms: HM Revenue and Customs does not seek Number of individuals who volunteered for Pathways to Work to assess any tax arising on arrears of state pension paid Individual under reinstatement of deficiency notices. Jobcentre Plus Individual starts Provider starts Valuation Office October to December 2003 500 n/a Mrs. Spelman: To ask the Chancellor of the January to December 2004 7,500 n/a Exchequer what data sources the Valuation Office January to December 2005 9,210 n/a Agency uses to determine the plot size when gathering January to December 2006 11,870 n/a data on a dwelling. [292736] January to December 2007 22,390 1,960 January to December 2008 13,620 61,760 Ian Pearson: The Valuation Office Agency (VOA) January to end of January 2009 710 4,570 uses digital mapping software to calculate plot size. Note A person is counted once in each year, though they may appear in Valuation Office: Empty Property several years. As a result, the total number of individuals which have volunteered for Pathways since its inception cannot be derived by adding the number of individuals which have volunteered each year. Mrs. Spelman: To ask the Chancellor of the Sources: Exchequer what records the Valuation Office Agency DWP Jobcentre Plus and Provider-Led databases holds on the number of empty non-domestic properties DWP Information Directorate 100 per cent. Work and Pensions Longitudinal Study. on the Rating List. [292709]

WRITTEN MINISTERIAL STATEMENTS

Friday 16 October 2009

Col. No. Col. No. CHILDREN, SCHOOLS AND FAMILIES...... 41WS HEALTH—continued Auditory Standards for School Buildings ...... 41WS Pandemic Influenza ...... 42WS

HEALTH...... 42WS Extremely Low Frequency Electromagnetic Fields ..... 43WS WRITTEN ANSWERS

Friday 16 October 2009

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS...... 1097W COMMUNITIES AND LOCAL GOVERNMENT— Employment Agencies: EU Law ...... 1097W continued Royal Mail: Industrial Disputes...... 1097W Local Government Finance ...... 1126W Royal Mail: Pensions ...... 1097W Local Government: Influenza...... 1129W Met Office ...... 1129W CABINET OFFICE...... 1098W Mortgages: Government Assistance ...... 1129W Civil Service: Manpower...... 1098W Non-Domestic Rates ...... 1131W Cybercrime ...... 1098W Non-Domestic Rates: Advertising ...... 1131W Non-Domestic Rates: Diplomatic Missions...... 1132W Non-Domestic Rates: Empty Property ...... 1132W CHILDREN, SCHOOLS AND FAMILIES ...... 1100W Non-Domestic Rates: Ports ...... 1133W Centre for Excellence and Outcomes in Children and Non-Domestic Rates: Take-Away Food...... 1133W Young People’s Services...... 1100W Non-Domestic Rates: Valuation ...... 1134W Children: Databases...... 1100W Official Hospitality ...... 1134W Class Sizes ...... 1100W Oxford Economic Forecasting ...... 1134W Departmental Public Expenditure ...... 1104W Planning Permission ...... 1134W Pupil Exclusions: Disadvantaged...... 1104W Planning Permission: Agriculture ...... 1135W Schools: Standards ...... 1105W Planning Permission: Fees and Charges...... 1136W Schools: Vetting...... 1105W Planning Permission: Parking...... 1136W Public Houses: Postal Services...... 1137W COMMUNITIES AND LOCAL GOVERNMENT...... 1107W Public Works Loan Board ...... 1138W Analytical Services Research Programme ...... 1107W Quirk Review...... 1138W Atherton Associates...... 1107W Rates and Rating ...... 1138W Building Alterations ...... 1107W Recycling ...... 1138W Charities ...... 1107W Regional Planning and Development: Green Belt...... 1139W Civil Service Compensation Scheme ...... 1108W Regional Planning and Development: South East ...... 1139W Community Development Foundation ...... 1108W Social Rented Housing ...... 1139W Council Housing: Construction...... 1108W Social Rented Housing: Foreigners...... 1140W Council Housing: Finance ...... 1109W Social Rented Housing: Standards...... 1140W Council Housing: Tenants ...... 1109W Solution Establishment Workshop...... 1141W Council Tax ...... 1109W Surrey Police: Council Tax...... 1141W Council Tax: Ministers of Religion...... 1109W Sustainable Communities Act 2007...... 1142W Council Tax: Valuation...... 1110W Wind Power: Valuation...... 1142W Departmental Cost Effectiveness ...... 1112W Working Conditions ...... 1142W Departmental Databases ...... 1113W Departmental Manpower ...... 1114W Departmental Procurement ...... 1113W CULTURE, MEDIA AND SPORT ...... 1142W Departmental Public Expenditure ...... 1116W Casinos...... 1142W Departmental Research ...... 1116W Horse Racing: Betting...... 1143W Departmental Visits Abroad...... 1117W Horserace Totalisator Board...... 1143W Fire Services: Pensions...... 1117W Licensing Laws: Languages ...... 1144W FlexSpace ...... 1117W Government Office for London ...... 1118W DEFENCE...... 1144W Greater London Authority: Finance...... 1118W Aircraft Carriers ...... 1144W Housing...... 1119W Cyprus: Military Bases ...... 1144W Housing: Apprentices ...... 1119W Israel: Military Aid...... 1145W Housing: Construction ...... 1120W Radar: Wind Power ...... 1145W Housing: Finance ...... 1120W University Officer Training Corps ...... 1145W Housing: Low Incomes...... 1121W Wind Power ...... 1146W Housing: Public Expenditure...... 1122W Housing: Standards ...... 1123W Housing: Valuation...... 1123W ENERGY AND CLIMATE CHANGE ...... 1148W Institute of Revenues Rating and Valuation Wales Coal: Industrial Health and Safety ...... 1148W Conference ...... 1124W Departmental Buildings: Energy...... 1151W Land: Databases ...... 1124W Heating: Fuels ...... 1151W Local Government: Accountability...... 1128W Housing: Carbon Emissions ...... 1152W Local Government: Barnet ...... 1129W Warm Front Scheme...... 1152W Col. No. Col. No. ENVIRONMENT, FOOD AND RURAL AFFAIRS ..... 1153W JUSTICE—continued Bottles: Recycling ...... 1153W Channel Islands: Tidal Power ...... 1189W Bovine Tuberculosis: Disease Control...... 1153W Councillors: Data protection ...... 1190W Departmental Buildings...... 1155W Crown Dependencies: Prisons...... 1190W Departmental Energy ...... 1156W Departmental Manpower ...... 1190W Dogs: Quarantine ...... 1157W Family Courts...... 1191W Farmers: Income...... 1157W Fraud: Prosecutions...... 1191W Hill Farming...... 1158W Human Trafficking ...... 1192W Nitrate Vulnerable Zones...... 1160W Legal Profession: Fees and charges...... 1193W Ragwort: Disease Control...... 1160W Means Warrants: Greater London...... 1193W Water ...... 1161W Party Conferences...... 1194W Political Parties: Finance ...... 1194W FOREIGN AND COMMONWEALTH OFFICE...... 1161W Prisons: Drugs ...... 1194W Burma: Asylum ...... 1161W Prisons: Manpower...... 1194W Colombia: Military Aid...... 1161W Secure Accommodation: Secure Training Centres ...... 1197W Overseas Territories ...... 1162W Solicitors Regulation Authority ...... 1198W South Africa: Politics and Government ...... 1163W Unpaid Fines...... 1199W USA ...... 1163W Young Offenders: Restraint Techniques...... 1200W

HEALTH...... 1163W NORTHERN IRELAND ...... 1201W Accident and Emergency Departments...... 1163W Administration of Justice: Translation Service...... 1201W Ambulance Services: Lancashire...... 1164W Charities ...... 1165W OLYMPICS ...... 1201W Departmental Consultants...... 1165W Olympic Games 2012: Heating ...... 1201W Endometriosis...... 1165W General Practitioners: Rural Areas...... 1166W TRANSPORT ...... 1201W Health Services: Christchurch...... 1166W Aviation: Greater London ...... 1201W Midwives: Training ...... 1166W Gatwick Airport ...... 1202W NHS: Finance...... 1168W Northern Rail: Rolling Stock...... 1202W NHS Foundation Trusts: Governing Bodies ...... 1168W Parking ...... 1202W Obesity: Magnetic Resonance Imagers ...... 1172W Railway Stations: Ticket Offices...... 1203W Quality and Outcomes Framework...... 1173W Railways: Standards...... 1203W Rohypnol ...... 1173W Tuberculosis...... 1174W TREASURY ...... 1204W HOME DEPARTMENT...... 1175W Council Tax: Valuation Office...... 1204W Crime...... 1175W Private Finance Initiative...... 1204W Crime: Statistics...... 1177W Public Expenditure ...... 1204W Crimes of Violence ...... 1178W Public Expenditure: Transport...... 1205W Entry Clearances: Pakistan...... 1180W Revenue and Customs: Telephone Services...... 1205W Forced Marriage ...... 1182W Stamp Duties...... 1205W Sentencing: Homicide...... 1183W Taxation: Pensions...... 1205W Sexual Offences...... 1183W Valuation Office...... 1205W Young Offenders...... 1185W Valuation Office: Empty Property ...... 1205W

INTERNATIONAL DEVELOPMENT...... 1189W WOMEN AND EQUALITY ...... 1206W Building Britain’s Future ...... 1189W Government Equalities Office: Manpower...... 1206W

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CONTENTS

Friday 16 October 2009

Issue of Writ [Col. 551]

Damages (Asbestos-related Conditions) Bill [Col. 552] Not amended, further considered; read the Third time and passed

Law Commission Bill [Lords] [Col. 581] Further considered; read the Third time and passed

Crown Employment (Nationality) Bill [Col. 604] As amended, considered

Dentistry (Nottingham, North) [Col. 612] Debate on motion for Adjournment

Written Ministerial Statements [Col. 41WS]

Written Answers to Questions [Col. 1097W] [see index inside back page]