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Monday Volume 577 10 March 2014 No. 133

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Monday 10 March 2014

£5·00 © Parliamentary Copyright House of Commons 2014 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. HER MAJESTY’S GOVERNMENT

MEMBERS OF THE CABINET

(FORMED BY THE RT HON.,MP,MAY 2010)

PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt Hon. David Cameron, MP DEPUTY PRIME MINISTER AND LORD PRESIDENT OF THE COUNCIL—The Rt Hon. , MP AND SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS—The Rt Hon. , MP CHANCELLOR OF THE EXCHEQUER—The Rt Hon. , MP CHIEF SECRETARY TO THE TREASURY—The Rt Hon. , MP SECRETARY OF STATE FOR THE HOME DEPARTMENT—The Rt Hon. , MP SECRETARY OF STATE FOR DEFENCE—The Rt Hon. , MP SECRETARY OF STATE FOR BUSINESS,INNOVATION AND SKILLS—The Rt Hon. , MP SECRETARY OF STATE FOR WORK AND PENSIONS—The Rt Hon. , MP AND SECRETARY OF STATE FOR JUSTICE—The Rt Hon. , MP SECRETARY OF STATE FOR EDUCATION—The Rt Hon. , MP SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT—The Rt Hon. , MP SECRETARY OF STATE FOR HEALTH—The Rt Hon. , MP SECRETARY OF STATE FOR ENVIRONMENT,FOOD AND RURAL AFFAIRS—The Rt Hon. , MP SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT—The Rt Hon. , MP SECRETARY OF STATE FOR SCOTLAND—The Rt Hon. , MP SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE—The Rt Hon. Edward Davey, MP SECRETARY OF STATE FOR TRANSPORT—The Rt Hon. Patrick McLoughlin, MP SECRETARY OF STATE FOR CULTURE,MEDIA AND SPORT AND MINISTER FOR WOMEN AND EQUALITIES—The Rt Hon. , MP SECRETARY OF STATE FOR NORTHERN IRELAND—The Rt Hon. , MP SECRETARY OF STATE FOR WALES—The Rt Hon. David Jones, MP LEADER OF THE AND CHANCELLOR OF THE DUCHY OF LANCASTER— The Rt Hon. Lord Hill of Oareford, CBE

DEPARTMENTS OF STATE AND MINISTERS Business, Innovation and Skills— SECRETARY OF STATE AND PRESIDENT OF THE BOARD OF TRADE—The Rt Hon. Vince Cable, MP MINISTERS OF STATE— The Rt Hon. , MP (Minister for Universities and Science) The Rt Hon. , MP § Matthew Hancock, MP § (Minister for Skills and Enterprise) Lord Livingston of Parkhead (Minister for Trade and Investment) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Jenny Willott, MP § Viscount Younger of Leckie — MINISTER FOR THE CABINET OFFICE AND —The Rt Hon. , MP MINISTERS OF STATE— The Rt Hon. , MP (Minister for Government Policy) The Rt Hon. , MP § Nick Hurd, MP (Minister for Civil Society) The Rt Hon. , MP PARLIAMENTARY SECRETARIES— Joseph Johnson, MP § Communities and Local Government— SECRETARY OF STATE—The Rt Hon. Eric Pickles, MP SENIOR —The Rt Hon. Baroness Warsi § PARLIAMENTARY UNDER-SECRETARIES OF STATE— Nick Boles, MP , MP Stephen Williams, MP Kris Hopkins, MP Baroness Stowell, MBE ii HER MAJESTY’S GOVERNMENT—cont.

Culture, Media and Sport— SECRETARY OF STATE FOR CULTURE,MEDIA AND SPORT AND MINISTER FOR WOMEN AND EQUALITIES—The Rt Hon. Maria Miller, MP PARLIAMENTARY UNDER-SECRETARY OF STATE— Edward Vaizey, MP Helen Grant, MP § PARLIAMENTARY UNDER-SECRETARIES OF STATE FOR WOMEN AND EQUALITIES Jenny Willott, MP § Helen Grant, MP § Defence— SECRETARY OF STATE—The Rt Hon. Philip Hammond, MP MINISTERS OF STATE— The Rt Hon. , MP (Minister for the Armed Forces) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Dr Andrew Murrison, MP Philip Dunne, MP , MP Lord Astor of Hever, DL Duchy of Lancaster— LEADER OF THE HOUSE OF LORDS AND CHANCELLOR OF THE DUCHY OF LANCASTER—The Rt Hon. Lord Hill of Oareford, CBE Education— SECRETARY OF STATE—The Rt Hon. Michael Gove, MP MINISTER OF STATE— The Rt Hon. David Laws, MP § (Minister for Schools) Matthew Hancock, MP § (Minister for Skills and Enterprise) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Edward Timpson, MP Elizabeth Truss, MP Lord Nash Energy and Climate Change— SECRETARY OF STATE—The Rt Hon. Edward Davey, MP MINISTERS OF STATE— The Rt Hon. Gregory Barker, MP The Rt Hon. Michael Fallon, MP § PARLIAMENTARY UNDER-SECRETARY OF STATE—Baroness Verma Environment, Food and Rural Affairs— SECRETARY OF STATE—The Rt Hon. Owen Paterson, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— George Eustice, MP Dan Rogerson, MP Lord de Mauley, TD Foreign and Commonwealth Office— SECRETARY OF STATE—The Rt Hon. William Hague, MP SENIOR MINISTER OF STATE—The Rt Hon. Baroness Warsi § MINISTERS OF STATE— The Rt Hon. , MP (Minister for Europe) The Rt Hon. , MP The Rt Hon. Hugh Robertson, MP Lord Livingston of Parkhead § PARLIAMENTARY UNDER-SECRETARY OF STATE— Mark Simmonds, MP Health— SECRETARY OF STATE—The Rt Hon. Jeremy Hunt, MP MINISTER OF STATE— Norman Lamb, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Jane Ellison, MP Daniel Poulter, MP The Rt Hon. Earl Howe HER MAJESTY’S GOVERNMENT—cont. iii

Home Office— SECRETARY OF STATE—The Rt Hon. Theresa May, MP MINISTERS OF STATE— The Rt Hon. , MP (Minister for Policing and Criminal Justice) § Norman Baker, MP (Minister for Crime Prevention) James Brokenshire, MP (Minister for Security and Immigration) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Karen Bradley, MP Lord Taylor of Holbeach, CBE International Development— SECRETARY OF STATE—The Rt Hon. Justine Greening, MP MINISTER OF STATE—The Rt Hon. , MP PARLIAMENTARY UNDER-SECRETARY OF STATE—, MP Justice— LORD CHANCELLOR AND SECRETARY OF STATE—The Rt Hon. Chris Grayling, MP MINISTERS OF STATE— The Rt Hon. Simon Hughes, MP The Rt Hon. Damian Green, MP (Minister for Policing and Criminal Justice) § Lord Faulks PARLIAMENTARY UNDER-SECRETARIES OF STATE— Shailesh Vara, MP , MP Law Officers— ATTORNEY-GENERAL—The Rt Hon. , QC, MP SOLICITOR-GENERAL—, QC, MP ADVOCATE-GENERAL FOR SCOTLAND—The Rt Hon. Lord Wallace of Tankerness, QC Leader of the House of Commons— LEADER OF THE HOUSE OF COMMONS AND —The Rt Hon. , MP PARLIAMENTARY SECRETARY—The Rt Hon. , MP Northern Ireland— SECRETARY OF STATE—The Rt Hon. Theresa Villiers, MP MINISTER OF STATE— The Rt Hon. Andrew Robathan, MP Privy Council Office— DEPUTY PRIME MINISTER AND LORD PRESIDENT OF THE COUNCIL—The Rt Hon. Nick Clegg, MP Scotland Office— SECRETARY OF STATE—The Rt Hon. Alistair Carmichael, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—The Rt Hon. , MP Transport— SECRETARY OF STATE—The Rt Hon. Patrick McLoughlin, MP MINISTER OF STATE—Baroness Kramer PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP Stephen Hammond, MP Treasury— PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt Hon. David Cameron, MP CHANCELLOR OF THE EXCHEQUER—The Rt Hon. George Osborne, MP CHIEF SECRETARY—The Rt Hon. Danny Alexander, MP FINANCIAL SECRETARY—, MP EXCHEQUER SECRETARY—David Gauke, MP ECONOMIC SECRETARY—, MP COMMERCIAL SECRETARY—Lord Deighton, KBE PARLIAMENTARY SECRETARY—The Rt Hon. Sir George Young, MP LORDS COMMISSIONERS— Anne Milton, MP David Evennett, MP , MP § Mark Lancaster, MP Karen Bradley, MP , MP John Penrose, MP iv HER MAJESTY’S GOVERNMENT—cont.

ASSISTANT WHIPS— Joseph Johnson, MP Mark Hunter, MP Jenny Willott, MP , MP Claire Perry, MP Gavin Barwell, MP Harriet Baldwin, MP Wales Office— SECRETARY OF STATE—The Rt Hon. David Jones, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Stephen Crabb, MP § Baroness Randerson Work and Pensions— SECRETARY OF STATE—The Rt Hon. Iain Duncan Smith, MP MINISTERS OF STATE— The Rt Hon. Esther McVey, MP Steve Webb, MP The Rt Hon. , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Lord Freud Ministers without Portfolio— The Rt Hon. , QC, MP The Rt Hon. , MP The Rt Hon. John Hayes, MP Her Majesty’s Household— LORD CHAMBERLAIN—The Rt Hon. Earl Peel, GCVO, DL LORD STEWARD—The Earl of Dalhousie MASTER OF THE HORSE—Lord Vestey, KCVO TREASURER—The Rt Hon. , MP COMPTROLLER—The Rt Hon. Don Foster, MP VICE-CHAMBERLAIN—The Rt Hon. Desmond Swayne, MP CAPTAIN OF THE HONOURABLE CORPS OF GENTLEMEN-AT-ARMS—The Rt Hon. Baroness Anelay of St Johns, DBE CAPTAIN OF THE QUEEN’S BODYGUARD OF THE YEOMEN OF THE GUARD—The Rt Hon. Lord Newby, OBE BARONESSES IN WAITING—Baroness Northover, Baroness Jolly LORDS IN WAITING—Lord Ahmad of Wimbledon, Earl Attlee, TD, Lord Gardiner of Kimble, The Rt Hon. Lord Wallace of Saltaire, Lord Popat, Lord Bates § Members of the Government listed under more than one Department

SECOND CHURCH ESTATES COMMISSIONER, REPRESENTING CHURCH COMMISSIONERS—Sir Tony Baldry, MP HOUSE OF COMMONS THE SPEAKER—The Rt Hon. , MP CHAIRMAN OF WAYS AND MEANS—The Rt Hon. Lindsay Hoyle, MP FIRST DEPUTY CHAIRMAN OF WAYS AND MEANS—Mrs , MP SECOND DEPUTY CHAIRMAN OF WAYS AND MEANS—The Rt Hon. , MP PANEL OF CHAIRS Mr David Amess, MP, Hugh Bayley, MP, Mr Joe Benton, MP, Mr Clive Betts, MP, Mr Peter Bone, MP, Mr Graham Brady, MP, Annette Brooke, MP, Martin Caton, MP, Mr Christopher Chope, MP, Katy Clark, MP, Mr David Crausby, MP, Philip Davies, MP, Jim Dobbin, MP, Nadine Dorries, MP, Sir Roger Gale, MP, Mr James Gray, MP, Mr Dai Havard, MP, Mr Philip Hollobone, MP, Mr Jim Hood, MP, The Rt Hon. George Howarth, MP, Sir Edward Leigh, MP, Dr William McCrea, MP, Miss Anne McIntosh, MP, Mrs Anne Main, MP, Sir Alan Meale, MP, Sandra Osborne, MP, Albert Owen, MP, Mark Pritchard, MP, Mrs Linda Riordan, MP, John Robertson, MP, Andrew Rosindell, MP, Mr Adrian Sanders, MP, Jim Sheridan, MP, Mr , MP, Mr Andrew Turner, MP, Mr Charles Walker, MP, Mr Mike Weir, MP, Hywel Williams, MP SECRETARY—Matthew Hamlyn HOUSE OF COMMONS COMMISSION The Rt Hon. The Speaker (Chairman), Sir Paul Beresford, MP, Mr Frank Doran, MP, Ms Angela Eagle, MP, The Rt Hon. Andrew Lansley, MP, , MP SECRETARY OF THE COMMISSION—Robert Twigger ASSISTANT SECRETARY—Liz Bolton ADMINISTRATION ESTIMATE AUDIT COMMITTEE Dame Janet Gaymer, DBE (Chair), Ms Angela Eagle, MP, The Rt Hon. Sir Alan Haselhurst, MP, John Thurso, MP, Stephen Brooker, Barbara Scott SECRETARY OF THE AUDIT COMMITTEE—Ben Williams LIAISON COMMITTEE The Rt Hon. Sir Alan Beith, MP (Chair), Mr Graham Allen, MP, The Rt Hon. , MP, Mr Adrian Bailey, MP, The Rt Hon. Kevin Barron, MP, Dame Anne Begg, MP, Mr Clive Betts, MP, The Rt Hon. Sir , MP, Mr William Cash, MP, Geoffrey Clifton-Brown, MP, Mr Ian Davidson, MP, DavidTCDavies, MP, The Rt Hon. , MP, James Duddridge, MP, Mrs Louise Ellman, MP, Natascha Engel, MP, Dr Hywel Francis, MP, The Rt Hon. Sir Alan Haselhurst, MP, The Rt Hon. Margaret Hodge, MP, Mr Bernard Jenkin, MP, Miss Anne McIntosh, MP, Andrew Miller, MP, Mr George Mudie, MP, Sir Richard Ottaway, MP, Mr Laurence Robertson, MP, Mr Graham Stuart, MP, John Thurso, MP, Mr Andrew Tyrie, MP, The Rt Hon. , MP, Mr Charles Walker, MP, Joan Walley, MP, Mr , MP, Mr Tim Yeo, MP CLERKS—Andrew Kennon, Philippa Helme MANAGEMENT BOARD Sir Robert Rogers, KCB (Clerk of the House and Chief Executive), David Natzler (Clerk Assistant and Director General, Chamber and Committee Services), , CB (Director General, Information Services), Andrew Walker (Director General, HR and Change), John Borley, CB (Director General, Facilities), Myfanwy Barrett (Director of Finance), Joan Miller (Director of Parliamentary ICT) (External Member), Dame Janet Gaymer, DBE (External Member), Barbara Scott (External Member) SECRETARY OF THE MANAGEMENT BOARD—Tom Goldsmith

SPEAKER’S SECRETARY—Peter Barratt SPEAKER’S COUNSEL—Michael Carpenter, CB SPEAKER’S CHAPLAIN—Rev. Rose Hudson-Wilkin

PARLIAMENTARY COMMISSIONER FOR STANDARDS—Kathryn Hudson PARLIAMENTARY SECURITY DIRECTOR—Paul Martin, CBE

10 March 2014

THE PARLIAMENTARY DEBATES OFFICIAL REPORT

IN THE THIRD SESSION OF THE FIFTY-FIFTH PARLIAMENT OF THE OF GREAT BRITAIN AND NORTHERN IRELAND [WHICH OPENED 18 MAY 2010]

SIXTY-THIRD YEAR OF THE REIGN OF HER MAJESTY QUEEN ELIZABETH II

SIXTH SERIES VOLUME 577 FIFTEENTH VOLUME OF SESSION 2013-2014

to the plea of the director of public health for Stockport, House of Commons who is concerned that the action of the alcohol industry is, to some extent, holding licensing authorities to ransom? Monday 10 March 2014 Will she include that in her consideration of this important matter?

The House met at half-past Two o’clock Mrs May: My right hon. Friend makes an important point, and we want to ensure that licensing authorities PRAYERS can use the tools and powers that the Government have given them. We gave them those tools and powers for a very good reason and because of our concern on two [MR SPEAKER in the Chair] counts relating to alcohol abuse and the problems that arise from it—the cost to the police and society generally of crime and disorder related to alcohol, and also the Oral Answers to Questions health costs that arise. 19. [902921]Alex Cunningham (Stockton North) (Lab): A report by The Lancet estimated that there were more HOME DEPARTMENT than 200,000 alcohol-related crimes in the north-east in just a year, and that a minimum unit price would save 860 lives a year and cut hospital admissions by 30,000. The Secretary of State was asked— Is it time that the Secretary of State totally disregarded the drinks industry lobby and introduced a minimum Excessive Drinking unit price to help make people healthier and safer at home? 1. Sir Andrew Stunell (Hazel Grove) (LD): What resources her Department is making available at a local Mrs May: We are going to introduce a ban on the sale level to help tackle the harmful effects on communities of alcohol below the cost of duty plus VAT. That was a of excessive drinking. [902903] coalition agreement commitment, which will be introduced this April. We are also working with the industry and The Secretary of State for the Home Department challenging it to ensure that it raises its game in dealing (Mrs Theresa May): The Government are providing with problems related to excessive binge drinking and direct support to 20 areas in and Wales, including alcohol use, and we will watch what happens. Obviously Greater Manchester, to tackle the harmful effects of Scotland is moving on the minimum unit price. There excessive drinking, particularly alcohol-fuelled crime are legal issues and it will be interesting to see what and disorder. We have also overhauled the Licensing evidence arises from that. Act 2003, giving local areas the tools and powers they need to deal with problem premises, and to secure a Kelvin Hopkins (Luton North) (Lab): Following the financial contribution towards policing the night-time question from my hon. Friend the Member for Stockton economy. North (Alex Cunningham), some of us believe that the primary problem with alcohol is a health problem rather Sir Andrew Stunell: I thank the for than one of disorder and crime. Is the Home Secretary that answer, and particularly for the work that will be working closely with the Department of Health to done in Greater Manchester. May I draw her attention ensure that we deal with alcohol seriously? 3 Oral Answers10 MARCH 2014 Oral Answers 4

Mrs May: Yes, I assure the hon. Gentleman that we what plans do the Government have to reform that part work closely with the Department of Health on this of the EU strategy? It might have been suitable for issue. Although the Home Office leads on alcohol strategy, the founding fathers, but given that there are now the strategy work is done by both the Home Office and 28 member states with disparate economic cycles, it is the Department of Health. past its sell-by date. Otherwise, we should stop talking about targets. Immigration Mrs May: My hon. Friend makes an important point 2. Mr Laurence Robertson (Tewkesbury) (Con): What about free movement. I have been party to discussions steps she is taking to bring about a reduction in gross and have raised the issue, particularly on the question of and net immigration to the UK. [902904] the abuse of free movement, within the EU. Many other member states are concerned. We are taking action with The Secretary of State for the Home Department them to cut out the problems of the abuse of free (Mrs Theresa May): Since 2010 we have reformed all movement. routes to the UK, tightening areas where abuse was rife. My hon. Friend also mentioned the disparity of In particular, around 700 colleges can no longer bring incomes among accession countries. My right hon. students into the UK, but at the same time, sponsored Friend the Prime Minister, in an article he wrote some visa applications for university students increased by weeks ago, suggested that a future approach might be 7% in the past year. In the areas where we can exert not allowing full free movement rights until accession control, our reforms are working and have cut non-EU countries have reached a certain income level compared migration to its lowest level since 1998. with the rest of the EU.

Mr Robertson: I thank the Home Secretary for that Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) answer. Most statistics are quoted as net migration (SNP):When will we see an end to the persecution of figures, although most people are concerned about the Scottish fishing boats and their good foreign crews by number of people coming to this country. Is it important the UK Border Agency? Boats from my constituency to assess gross immigration figures when talking about have been tied up and money is being lost because of these issues? the stupid obsession with immigrant numbers. The message should be that immigrants are good and we need them. Mrs May: Obviously it is important to consider all Will the Home Secretary help Scottish fishing boats to migration figures, and uncontrolled gross immigration work rather than cause them to waste their time and to does put pressure on our public services and infrastructure. be tied up? As the immigration Minister pointed out, the people who suffer most from the impact of uncontrolled Mrs May: My understanding is that there is a limit immigration are those at the lower end of the income on the number of days that fishing boats can go out to scale. Indeed, the hon. Member for Dagenham and fish, and that that is absolutely nothing to do with UK Rainham (Jon Cruddas) said that the previous Labour Visas and Immigration—if I might remind him, the Government used migration UK Border Agency was abolished close to a year ago. I “to introduce a covert 21st-century incomes policy.” know that good work is being done—I saw this in Aberdeen recently—by UK Border Force, UK immigration Keith Vaz (Leicester East) (Lab): Last Thursday the enforcement, the National Crime Agency, Police Scotland immigration Minister scolded the metropolitan elite, and others to ensure that we get rid of the abuse that which included members of the Cabinet, for employing takes place in the fishing industry, particularly on issues people who were born outside this country.Some 4.4 million such as trafficking. people who were born outside this country are contributing to our economy, and what the immigration Minister said 25. [902927] Andrew Selous (South West Bedfordshire) came dangerously to endorsing the discredited slogan (Con): May I encourage the Home Secretary’s review of of “British jobs for British workers.” When the Minister free movement within Europe, which is incredibly speaks in Harrow next Wednesday, will the Home Secretary important? We would all like to hear more from her on ask him to return to his normal sensible demeanour, how we take it forward and let us have a constructive debate on immigration, rather than relying on stereotypes and clichés? Mrs May: I am grateful for my hon. Friend’s encouragement. As I have said, in the past nearly four Mrs May: A constructive debate on immigration was years, I have seen growing concern on free movement exactly what my hon. Friend was contributing to, and I among European Union member states. The UK has do not accept the right hon. Gentleman’s description of raised and pursued the matter. We are now working his speech. As I said in answer to the question from my with other member states, particularly on the abuse of hon. Friend the Member for Tewkesbury (Mr Robertson), free movement, but we need to look ahead to future the immigration Minister was pointing out that uncontrolled accession treaties, and the terms in which free movement immigration has greatest impact on those at the lower is included in them. end of the income scale. I would have thought that as a Labour Member of Parliament, the right hon. Gentleman Mr David Hanson (Delyn) (Lab): The Prime Minister should care about that. has said that the Government would get net migration down to the tens of thousands by 2015, “no ifs, no 23. [902925]Mr John Baron (Basildon and Billericay) buts”, and yet this month, the figure has risen to more (Con): Given that freedom of movement within the EU than 212,000. The question is simple. Will the Government is the elephant in the room of the immigration issue, meet their net migration target—yes or no? 5 Oral Answers10 MARCH 2014 Oral Answers 6

Mrs May: We are continuing to deal with net migration. out the measures which will be used to manage the threats [Interruption.] I fully accept that the most recent figures, that individuals may pose to the UK after TPIMs which show an increase in migration from the EU, have expire. Why is there a delay in providing the details of made the task more difficult, but it ill behoves Labour those measures? Members to talk in those terms when they had an immigration policy that meant there was uncontrolled James Brokenshire: There is no delay. The UK has immigration throughout their period in office. some of the most robust and effective legislation in the world to deal with terrorist suspects and we will not Duncan Hames (Chippenham) (LD): A successful hesitate to use every power at our disposal to protect the Wiltshire businesswoman who has created jobs for dozens security of this country. The hon. Lady makes a fair of local people and paid her fair share of taxes faces her point in relation to travel to Syria. We are very clear that family being wrenched apart on account of her mother people should not travel to Syria, and our counter-terrorism being denied leave to remain. How can we ensure that legislation is there to uphold the law. We are using the wealth creators—people who create jobs for our constituents royal prerogative to remove passports from British nationals —are not made to feel unwelcome here by changes to who it is believed wish to travel abroad to take part in the family migration route? activities such as terrorist training or other fighting.

Mrs May: I am sure that the hon. Gentleman will Charlie Elphicke (Dover) (Con): Does the Minister want to raise individual cases with my hon. Friend the agree that many of the problems we have with counter- Minister for Security and Immigration. In overall terms, terrorism and TPIMs would be made vastly easier if we we have changed all routes of entry into the United had reform of European human rights so that we can Kingdom, which has had an impact on non-EU migration, ensure that the Supreme Court is supreme once again? which is at its lowest since 1998. The hon. Gentleman talks about wealth creators, and it is important that we differentiate in the system. We are cutting out abuse James Brokenshire: My hon. Friend has consistently and ensuring that the brightest and the best can come to made this point about human rights, and he is obviously the UK. well aware of a number of the measures that we have been looking at. Clearly, we have taken steps to ensure, TPIMs for example, that we are better able to deport individuals and that our focus remains on deportation with assurance to ensure that those who would cause us harm and can 3. Cathy Jamieson (Kilmarnock and Loudoun) (Lab/ be removed are removed from this country. Co-op): What additional funding she has made available to the security agencies to cover costs associated with the ending of TPIMs. [902905] Mr Robert Buckland (South Swindon) (Con): Does my hon. Friend agree that TPIMs are but a part of the 11. Gemma Doyle (West Dunbartonshire) (Lab/Co-op): array of powers available to the police and surveillance What additional funding she has made available to the services to protect us from harm, and that they are far security agencies to cover costs associated with the more able to withstand the sort of legal challenges that ending of TPIMs. [902913] caused huge problems under the previous control order regime? The Minister for Security and Immigration (James Brokenshire):Additional funding of tens of millions of James Brokenshire: My hon. Friend makes an important pounds has been made available to the police and the point. What the Opposition do not say when they raise Security Service each year for surveillance, technical this issue is that control orders were struck down on a capabilities and other measures to mitigate the overall number of occasions for a range of reasons. I am clear risk as part of the TPIMs package. That has significantly that prosecution is always the best route to deal with enhanced the police and Security Service’s counter-terrorism terrorists, and we should recognise the success of our capabilities. agencies in securing the conviction of 40 individuals for terrorism-related offences in the past year. Cathy Jamieson: Will additional funding continue to be made available to the police and the security services Female Genital Mutilation specifically to manage those suspects who otherwise would have been on TPIMs? 4. Karl Turner (Kingston upon Hull East) (Lab): James Brokenshire: I am grateful to the hon. Lady, What steps she is taking to increase the number of because her question allows me to confirm that there is people who are investigated and charged for carrying no intention of reducing the additional funds that have out female genital mutilation. [902906] been made available. We have also increased spending on the security and intelligence agencies, and protected The Secretary of State for the Home Department counter-terrorism policing budgets to ensure that capabilities (Mrs Theresa May): Government Ministers have signed are maintained. That includes resources for surveillance a declaration which reaffirms our commitment to protecting and the management of TPIMs subjects. current and future generations of girls from this abuse. We are working closely with the Director of Public Gemma Doyle: There are reports that around 400 Brits Prosecutions to increase investigations for FGM and have travelled to Syria to fight in the terrible conflict are considering suggestions for strengthening the criminal there, and that around 250 of them have returned to the law. The Government are determined to do all we can to UK. There is therefore a pressing and urgent need to set bring perpetrators to justice. 7 Oral Answers10 MARCH 2014 Oral Answers 8

Karl Turner: I congratulate the Government on the young women who are threatened—and their family work that they have done recently to deal with this members—have a confidential way to report the possibility shocking criminal offence, but will the Home Secretary that it will happen to them? commit to a national campaign to raise awareness of FGM and the fact that it is a serious criminal offence, Mrs May: We are taking a genuine cross-Government similar to campaigns such as that on domestic violence? approach to the issue. It is being co-ordinated by the Minister for Crime Prevention, my hon. Friend the Mrs May: The hon. Gentleman makes an important Member for Lewes (Norman Baker), but we are bringing point in two ways for those who are potentially at risk in the , the Department of of being victims of female genital mutilation. First, it is Health and the Department for International Development, important that they understand their situation. Secondly, which is putting in significant funds to try to deal with it is important that those who are aiming to undertake the problem at source overseas, both in those communities or arrange for others to undergo FGM know what where the culture is strong—feeding back into diaspora the law is and where they stand in relation to it. The communities in the UK—and where there are individuals Government have indeed produced a campaign. We performing this act on young girls, to ensure that we can have launched a new communications campaign in relation eradicate it. to this issue. I also refer the hon. Gentleman to the “Statement opposing female genital mutilation”, which Huw Irranca-Davies (Ogmore) (Lab): One of the is a pocket-sized leaflet that sets out the law. About greatest challenges in tackling this issue—in terms of 41,000 statements have already been distributed across prosecutions and protecting the young women and, the UK in 11 languages. often, babies who are affected—is the level of awareness among social workers, police and other agencies. That Nicola Blackwood (Oxford West and Abingdon) (Con): challenge has been identified in Wales, and I suspect it is FGM by its nature is a secretive crime, often perpetrated the same in England. What is the Home Secretary doing by close relatives of the victims, too many of whom are in Whitehall and on a cross-border basis with colleagues very young and too frightened to seek help. What is the in Wales to ensure that we have a uniform approach to Home Secretary doing to ensure that the police and the tackling the issue? Crown Prosecution Service have the training and expertise necessary to take a proactive approach to identifying Mrs May: I am happy to say to the hon. Gentleman and protecting these very young victims, rather than that on issues of this sort—and on the violence against simply hoping that they will come forward of their own women and girls agenda generally—we work with the volition? Welsh Government and others. We are always willing to look at experience and practice, as well as at what others Mrs May: My hon. Friend also makes important have found useful in dealing with this appalling crime. points about this issue. We are working with the victims that she mentions and, in particular, we are doing some Mr James Clappison (Hertsmere) (Con): May I warmly work with the Director of Public Prosecutions. Everybody welcome the Government’s declaration on female genital in the House is frustrated that there has not been a mutilation? Does my right hon. Friend agree that political prosecution yet. We want to see prosecutions because or cultural sensitivities should never get in the way of that can make it clear to people what they are doing and tackling what is an awful abuse and crime? what is at risk when they undertake this crime. Mrs May: My hon. Friend is right. This is an appalling 17. [902919]Andrew Gwynne (Denton and Reddish) abuse of young girls and we should ensure that we deal (Lab): The Education Secretary has agreed to write to with it as such. It is right that we should not allow all schools in England about FGM, following intense cultural sensitivities or concerns to get in the way of pressure from this side of the House and the brave dealing with what is, at root, a crime. campaign by Fahma Mohamed. Given that, what further discussions has the Home Secretary had with her colleagues in government in order to ensure that Bogus Students health staff, social workers and those working for other Departments and agencies report to the police any 5. Steve McCabe (, Selly Oak) (Lab): instances of FGM they have identified? How many sponsor notifications of potentially bogus higher education students there have been since 2010; Mrs May: Ensuring that incidents are reported is and how many have been actioned to date. [902907] important, and on 6 February the Department of Health announced that for the first time ever, from April, all The Minister for Security and Immigration (James NHS acute hospitals must provide information on patients Brokenshire): UK Visas and Immigration received 315,598 who have undergone female genital mutilation. That notifications between 2010 and 2013 from all Tier 4 will provide key information about the incidence and sponsors, of which 299,586 were actioned in the same prevalence of FGM and will support social services and period. All notifications receive an initial consideration the police in their work by ensuring that they can target within 28 days of receipt. those areas where it is taking place. Steve McCabe: May I wish the Minister well in his Greg Mulholland (Leeds North West) (LD): The House new post? The issue of bogus students figured strongly is united in wanting to see people prosecuted for this in his recent Demos speech, even if it did not get quite appalling crime. Even more, we want to see it stamped the same prominence in the press. Of the backlog of out all together. What is being done to ensure that those 153,000 notifications that the chief inspector has identified, 9 Oral Answers10 MARCH 2014 Oral Answers 10 how many have now been attended to? When I next ask which even now have been neglecting the whole citizenship him this question, will that backlog figure have gone up agenda? Is he as disturbed as I am by certain spokespeople or come down? on the radio and television denigrating democracy as a form of government? Is it not at school that we should James Brokenshire: As I said, all notifications received be extolling the virtues of living in a free and open from sponsors receive an initial consideration within democratic system? 28 days of receipt. Notifications can be for a number of different reasons, whether that is failure to enrol or James Brokenshire: I thoroughly endorse what the whether there is something serious that may mean students, hon. Gentleman says. Many Members from across the or their dependents, have their leave curtailed. As the House go to schools to underline key points on democracy hon. Gentleman knows, I am looking closely at sponsorship and the values that define our country, and that work and whether the thresholds for sponsors on the failure continues in our schools. The Department for Education rates for students that they put forward, are appropriate. is a key partner in the work of Prevent and in examining I assure him that I am looking very closely at this issue. steps to be taken forward by the Prime Minister’s extremism taskforce. Mr Julian Brazier (Canterbury) (Con): My hon. Friend will be aware that net movements of students are the 22. [902924] Michael Fabricant (Lichfield) (Con): My largest non-EU contributor to net inflow. Will he look hon. Friend will know that there are websites and beyond bogus students and ask whether, at a time when social media that seek to radicalise young Muslims in we have very high levels of graduate unemployment, it our community. What steps is the Home Office taking is right that there is an automatic right to remain for to try to interfere with, or completely stop, those someone who graduates here and gets a job? websites and social media?

James Brokenshire: Our focus is on attracting the James Brokenshire: My hon. Friend makes an important brightest and the best. It is important to note that point on the impact of online radicalisation. The counter applications for visas from outside the EU to universities terrorism internet referral unit is removing more illegal have gone up by 7%. My hon. Friend will know that terrorist content than ever before—since 2010, it has requirements and rules are in place to restrict how removed more than 26,000 pieces of illegal terrorist students can stay on—university graduates can stay if material online—but there is more work to do. We they get a graduate job earning £20,300, and there are continue to work with the industry to ensure that, certain other requirements—but we keep them under where we can prevent extremist material from getting review. into people’s homes, that is precisely what we will do.

Extremism Dr Julian Huppert (Cambridge) (LD): Has the Minister seen the evidence which shows that counter-speech is 6. Henry Smith (Crawley) (Con): What steps she is one of the most effective ways of driving people away taking to prevent extremism. [902908] from information online? Will he put more effort into supporting it, so that we can divert people from extremism? The Minister for Security and Immigration (James Brokenshire): Under the Government’s Prevent strategy, James Brokenshire: As the hon. Gentleman says, it is which aims to stop people becoming involved in and important to ensure that different perspectives and points supporting terrorism, we work closely with local authorities, of view are articulated online. I continue to have discussions the police, and other agencies to confront and disrupt with internet service companies about how we can best extremism. The Prime Minister’s extremism taskforce help them with the good work that many are doing in has identified further practical steps to strengthen our helping community organisations to provide that counter- response to all forms of extremism, and these are being narrative. taken forward. Rape Henry Smith: What increased steps are being taken to meet the security threat from British-born foreign fighters coming back from Syria? How can local communities in 7. Mrs Madeleine Moon (Bridgend) (Lab): What this country, where they identify radicalisation, be better assessment she has made of the proportion of reported supported? rapes which resulted in prosecution or conviction in the last two years. [902909] James Brokenshire: I thank my hon. Friend. I know the particular focus he attaches to this issue in relation The Minister for Crime Prevention (Norman Baker): to his constituency. Syria is the number one destination Rape is a devastating and under-reported crime. However, for jihadists anywhere in the world. Our priority, through the coalition Government is committed to improving the Prevent strategy, is to dissuade people from travelling the response to rape at every point in the criminal there. Messages are given at a local level, and I note that justice system, which includes improving referrals from in my hon. Friend’s Crawley constituency there has the police to the Crown Prosecution Service. been a community briefing event to discuss Syria-related issues and that faith leaders are taking an active role. Mrs Moon: Whatever the rate of civilian success in I welcome that community action. prosecuting and investigating rape, it is higher than that in the Ministry of Defence system. Will the Minister Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Does agree to work with the MOD to improve joint police the Minister agree that if we are to tackle extremism at investigation and service prosecution of rape in the the roots we must do something about our schools, military justice system? 11 Oral Answers10 MARCH 2014 Oral Answers 12

Norman Baker: We are, of course, aware of one leaders to achieve effective outcomes for their areas, particular instance, of which the hon. Lady is doubtless and we encourage them to continue to do so. In . also aware. I know that the Ministry of Defence has for example, fire and police authorities and the county apologised to the family concerned for the failures that council are joining up corporate services, and expect to the coroner identified in that case. I shall be happy to save up to £4 million a year. work with my colleagues in the Ministry of Defence to ensure that all the help that we can give them is available. Mr Cunningham: Street wardens, neighbourhood wardens and police community support officers are key to Mr James Gray (North Wiltshire) (Con): Successful neighbourhood policing, but huge cuts in local authority prosecutions and help for victims have increased significantly budgets are forcing councils such as Coventry city council, in recent years. That is great, but does the Minister West Midlands county council and others throughout agree that rape is one of those crimes which are often the country to cut their funding for what local communities not reported, particularly in certain communities in the want: wardens and PCSOs on their streets. Does the United Kingdom, because of perceived shame or reticence? Home Secretary not recognise the damage being done Could we not do more to encourage victims to discard to neighbourhood policing, and the increasing burden that shame and be prepared to come forward and report that she is placing on our police service? the crime to the police? Damian Green: I disagree with the premise of that Norman Baker: I entirely agree. It is important for question, and so do the hon. Gentleman’s constituents victims to come forward and to have confidence in the and others across the west midlands. Some 87% of the police. Indeed, I believe that that is the trend we are now public say that they are satisfied with the West Midlands seeing. Although, according to the Crime Survey for police—a greater percentage than in the country as a England and Wales, there has been a decrease in the whole—and the west midlands has amongst the highest number of sexual assaults, there has been a significant levels of victim satisfaction in the country. The reason increase in the number of rapes reported to the police. for that is probably that the most recent statistics show That suggests that more people are confident about that, in the year to September 2013, recorded crime in coming forward, which I welcome. the west midlands was down 1%.

Helen Jones (Warrington North) (Lab): Will the Minister 21. [902923] (Witham) (Con): Does the admit that, while on his watch the number of reported Minister agree that central to cutting crime is how we rapes is increasing, the number of files passed to the deploy our police forces? This is not about targets or Crown Prosecution Service has fallen by a third, and in bureaucracy; it is about ensuring that the police are the Met the number of referrals is down by 43%? When deployed in the right way to focus on cutting neighbourhood will he accept responsibility for that, and admit that the crime. Government’s decisions to remove suspected rapists from the DNA database and to cut the police force have Damian Green: My hon. Friend is right. Indeed, the let victims down and are allowing criminals to get away inspectorate of constabulary has found that a higher with it? proportion of police officers are visible on the front line, where people want to see them. That is why our Norman Baker: I did expect a very authoritarian streets are safer now than they have been for decades. question from a Labour Member. I wonder what the Labour party’s supporters in Islington and Hampstead Jack Dromey (Birmingham, Erdington) (Lab): Police make of its approach to Home Office questions. community support officers, local men and women on The serious issue is that the CPS is currently involved the beat, are much loved and much respected in communities in discussions with the police about rape referral levels throughout the country and the bedrock of neighbourhood in a number of forces. The Ministry of Justice and policing. With councils now hit hard by the biggest cuts others are implementing the six-point plan to which in local government history, 3,366 PCSOs have gone the Attorney-General referred last year. The hon. Lady since the general election. Does the Minister recognise may also be aware that, along with the Minister for local communities’ mounting concern about the loss of Policing, Criminal Justice and Victims, I have written to their PCSOs? Will he join me in welcoming the commitment all chief constables and police and crime commissioners to put 500 PCSOs back on the beat, which is now being urging them to take rape even more seriously than they honoured by Labour Wales? do already. Damian Green: I agree with the hon. Gentleman to Police Funding the extent that I absolutely value the work of PCSOs, but he is deluding himself if he thinks that the streets 8. Mr Jim Cunningham (Coventry South) (Lab): What are becoming less safe and that neighbourhood policing assessment she has made of the effect of reductions in is in retreat. Neighbourhood policing is at the heart of funding to local authorities on police forces. [902910] the policing model operated by this country’s forces. Over the past few years, they have collaborated better The Minister for Policing, Criminal Justice and Victims with local government and the NHS so that every (Damian Green): Funding for local authorities is a pound they spend is more visible on the streets and is matter for the Secretary of State for Communities and being shown in the consistent reduction in crime. Local Government. The Police Reform and Social Responsibility Act 2011 introduced two related, reciprocal James Morris (Halesowen and Rowley Regis) (Con): duties for police and crime commissioners to co-operate The reality is that crime is falling. Does the Minister with partners. PCCs are already working with local agree that it is precisely at a time of pressure on budgets 13 Oral Answers10 MARCH 2014 Oral Answers 14 that the police should look at innovative ways of working of control. It is their mess that this Government continue with local authorities, the voluntary sector and other to sort out and with our reforms cutting non-EU migration partners to deliver services that keep people safe in their to their lowest levels since 1998, we are having an effect. communities? Indian Students (Scottish Universities) Damian Green: My hon. Friend is right. He represents part of the west midlands, as does the hon. Member for Coventry South (Mr Cunningham) who asked the original 10. John Robertson (Glasgow North West) (Lab): question. My hon. Friend will know that the police What estimate she has made of the number of students innovation fund had a successful bid from the west from India who have received visas to undertake midlands. That will mean that a new public sector studies at universities in Scotland in the latest period intelligence hub will be created, bringing together local for which figures are available. [902912] councils, the NHS, other services and the police. That will enable them to share information in a way that will The Minister for Security and Immigration (James make them much more effective at fighting child sexual Brokenshire): We do not have figures for the numbers of exploitation. It is that kind of work that reduces crime. visas issued to Indian nationals for study at Scottish universities, but the latest higher education statistics Immigration show that India remains within the top five most common non-EU nationalities at universities in Scotland. We 9. Stephen Metcalfe (South Basildon and East Thurrock) have cut abuse of student visas, but continue to attract (Con): What comparative assessment she has made of the brightest and best students from around the world. trends in the levels of EU and non-EU migration; and if she will make a statement. [902911] John Robertson: The Higher Education Statistics Agency says that Indian student numbers on higher education The Minister for Security and Immigration (James courses are down by 25% since 2011 alone and in Brokenshire): Our reforms have cut non-EU migration Scotland they are down by 32%. What does the Minister to its lowest level since 1998 and there are now 82,000 think is the reason for that and why is Scotland so much fewer non-EU nationals arriving annually than when worse off than the rest of the UK? this Government came to power. Net migration of EU nationals and their family members, who are not subject James Brokenshire: We have seen falls in student to formal immigration controls, has doubled over the numbers from India, but we have also seen that in the last year. Across Government, we are working hard to USA and Australia, so a similar picture has been seen. address the factors that draw people to Britain for the However, visa applications from sponsored UK universities wrong reasons. increased by 7% in 2013 and he may want to look at the figures for sponsored visa applications relating to the Stephen Metcalfe: Does my hon. Friend agree with , which are up 24%; for Heriot-Watt the comments of the German Chancellor, Angela Merkel, university, which are up 13% and for the university of that freedom of movement should not mean freedom to Strathclyde, which are up 16%. We continue to attract claim and that the only way to tackle this is through the the brightest and best and that is what our policy is Prime Minister’s plan to reform the EU? doing.

James Brokenshire: I agree with what my hon. Friend Andrew Bridgen (North West Leicestershire) (Con): has said. Freedom of movement is not and cannot be a Will the Minister outline to the House how the highly freedom to claim benefits. The Government have introduced trusted sponsor scheme will allow the assessment of the a series of domestic measures to restrict access to benefits ability and intention of students to complete their courses and we are committed to working with our partners in this country? to reform the rules on access to benefits, which were designed for a different era and are no longer fit for James Brokenshire: As my hon. Friend has highlighted, purpose. sponsors do have responsibilities, and I responded to a previous question on the notifications they provide in Mr Steve Reed (Croydon North) (Lab): Does the relation to their students. We do need to keep a clear Home Secretary agree with the Institute of Directors focus on those responsibilities and it is my view that that the Immigration Minister’s first major speech in his where the Home Office is receiving applications from new job was those universities, the failure rate is high and that does “feeble, pathetic and divisive and more about political positioning need to be examined further. than what is good for the country”? Did she see it in advance? Mr Speaker: Keeping our clear focus on Scotland, I call Mr Pete Wishart. James Brokenshire: I did not know that I had been promoted but I will obviously answer the hon. Gentleman’s Pete Wishart (Perth and North Perthshire) (SNP): Of question. There is nothing feeble and weak about an course the Minister knows the rises he pointed out in immigration policy that continues to attract the brightest his answer to the hon. Member for Glasgow North and the best to this country while resolutely focusing on West (John Robertson) are all down to the reciprocal reducing net migration to sustainable levels. That is why arrangement with China. That figure is down 25% from our policies are having an effect, reducing net migration Pakistan, and down 14% from Nigeria. This Government’s from outside the EU by 82,000. What was feeble was the United Kingdom Independence party-based immigration last Government’s failures that let immigration get out policies are hurting our universities and our ability to 15 Oral Answers10 MARCH 2014 Oral Answers 16 attract students to Scotland. Why should our universities During the Immigration Bill Committee, the former suffer because of the appalling race to the bottom Immigration Minister, the hon. Member for Forest of between the Minister’s Government and UKIP? Dean (Mr Harper), promised that there would be a mechanism to enable constituents who were extending James Brokenshire: It is important to welcome the their leave to remain to have the right documents in fact that we have seen an increase from China of 6%. order to prove that to landlords and others, as required The figure is also up 3% from Malaysia and 15% from under the Bill. Can the Minister give me any update on Hong Kong. That shows there is nothing intrinsic in how long that will take to come into place? If not, our policies that is putting off high quality students. perhaps she could write to me. That is why we are focused on ensuring that we continue to attract the brightest and the best to the whole of the Karen Bradley: I thank the hon. Lady for her question. UK and Scotland, and there is nothing to suggest that I know that she worked very hard on the Immigration our policies are having any negative impact on that. Bill Committee. We will look carefully at what she said and respond shortly. BME Police Officers (Tamworth) (Con): I congratulate my hon. Friend on joining the Treasury Bench. 12. Stella Creasy (Walthamstow) (Lab/Co-op): What assessment she has made of the change in the number Michael Fabricant (Lichfield) (Con): Staffordshire of black and minority ethnic police officers in England for ever! and Wales since 2010. [902914] Christopher Pincher: Staffordshire for ever, indeed. The Minister for Policing, Criminal Justice and Victims The previous Labour Government were guilty of not (Damian Green): From March 2010 to March 2013 the imposing red tape on transition controls, which led to proportion of black and minority ethnic officers has thousands of European migrants coming to this country. increased from 4.6% to 5%. While the police work force Does my hon. Friend agree with the former Home is more representative in terms of gender and ethnicity Secretary, the right hon. Member for Blackburn (Mr Straw), than it has ever been, there is still much more to be done when he said that that was a spectacular mistake? by forces. Karen Bradley: I thank my hon. Friend, a fellow Stella Creasy: One in three of my constituents is from Staffordshire MP, for his question. He is quite right. a black and minority ethnic background but that is true The Immigration Bill is a sensible measure that will help of only one in 10 of our police. Does the Minister this country to protect against illegal immigration. It is recognise that in communities like mine in east London a well-needed measure and something we should be that can lead to an undermining of confidence that our bringing in sooner rather than later. police are drawing from the widest talent pool possible in serving our capital city? If he does agree that that is a problem, will he back our plans to fast-track action to Antisocial Behaviour do something about it? 14. Bridget Phillipson (Houghton and Sunderland Damian Green: I agree completely with the hon. Lady South) (Lab): What recent steps she has taken to reduce that this issue needs addressing. I am happy to tell the antisocial behaviour. [902916] House that it is being addressed. The Metropolitan police plan to recruit 5,000 new constables between now The Minister for Crime Prevention (Norman Baker): and 2015, and their aim is that 40% of them should be We are introducing measures through the Anti-social from a minority background, to reflect the population Behaviour, Crime and Policing Bill that put victims at of London as a whole. This indeed is a serious issue, the heart of the response to tackling and reducing which the Metropolitan police are addressing. antisocial behaviour. Front-line professionals will have faster, more effective powers better to protect the public, and people will have a voice in how agencies tackle their Immigration Bill (Red Tape) problems through the community trigger and the community remedy. 13. Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op): What assessment she has made of the Bridget Phillipson: I am grateful to the Minister for potential effect of the Immigration Bill on red tape for that answer, but he knows that antisocial behaviour businesses. [902915] remains a major concern. Constituents stress to me that agencies need to work together more quickly, and especially The Parliamentary Under-Secretary of State for the Home more effectively, to tackle it. What more can the Minister Department (Karen Bradley): The Government have do to make that happen? published a number of impact assessments in relation to the provisions in the Immigration Bill, setting out the Norman Baker: I recognise that the hon. Lady thinks costs and benefits of the proposals. These include an this is a problem in her constituency and has done some assessment of the impacts on businesses. work on it. I acknowledge that. The measures we are taking through the new range of powers will not only Meg Hillier: I welcome the Minister to the Dispatch give more flexibility to agencies. The community remedy Box. It is good to see another woman on the Conservative will encourage agencies to work together, as I mentioned Front Bench—one who is speaking this time. a moment ago, and the fact that perpetrators will have 17 Oral Answers10 MARCH 2014 Oral Answers 18 to take responsibility for their actions—dealing with Mrs May: My hon. Friend raises an important issue. them that way, through the new powers—will help to The Government are already taking action to tackle drive down antisocial behaviour. rogue websites which masquerade as legitimate Government services, exaggerating the nature of the services they 18. [902920]Julian Sturdy (York Outer) (Con): Will the provide or deliberately underplaying the services that Minister join me in welcoming proposals from students people can get for free or at a lower cost from official at York university to establish a Street Angels-style sources. The Government Digital Service is leading a initiative? The aim is to combat antisocial behaviour cross-government exercise with organisations such as and to prevent alcohol and drug-related tragedies for the Advertising Standards Authority, the National Trading those who find themselves in particularly vulnerable Standards Board, Which? and search engines to raise situations. awareness of the issue and ensure that enforcement action is taken, where appropriate. Ministerial colleagues Norman Baker: I very much welcome that sort of have also met Google to discuss the enforcement of its local initiative and I congratulate those involved in the policies for advertising on its search results pages. Google York university activity. That is why we have done away will continue to support us by removing misleading with the old top-down approach and given the agencies adverts and by closing the accounts of repeat offenders. the freedom and flexibility that they need to make a difference locally. (Normanton, Pontefract and Castleford) (Lab): I congratulate the hon. Member for Old Bexley Topical Questions and Sidcup (James Brokenshire) on his promotion and his ability to generate headlines in his new job, and T1. [902895] Alec Shelbrooke (Elmet and Rothwell) welcome the hon. Member for Staffordshire Moorlands (Con): If she will make a statement on her departmental (Karen Bradley) to her post in the home affairs team. responsibilities. I join the Home Secretary in paying tribute to the Lawrence family, who have had to endure further betrayal The Secretary of State for the Home Department with the information from the shocking Ellison review (Mrs Theresa May): Since my statement last Thursday, last week. Twenty-one years after the death of Stephen hon. Members will have had the opportunity to read for Lawrence, reforms are needed so that those failures do themselves Mark Ellison’s report into the investigation not continue to cast a long shadow over the vital and of the murder of Stephen Lawrence, as well as that of valiant work that so many police officers do each day Operation Herne into allegations of misconduct by the and, in particular, so that we can build confidence special demonstration squad. Both reports’ findings among the black and ethnic minority communities. are deeply shocking. They will have an impact for the Does the Home Secretary therefore agree that the police, particularly the Metropolitan police, for years Independent Police Complaints Commission should now to come. be replaced with a new, stronger police watchdog? Will I have asked the chief inspector of constabulary to she tell me whether she agrees with the four proposals I look at the anti-corruption capability of forces so that made in my letter to her on reforming stop and search—on we can ensure that forces have all the capability that section 60 of the Criminal Justice and Public Order Act they need to pursue corruption. We must continue the 1994; on section 1 of the Police and Criminal Evidence programme of integrity and anti-corruption measures Act 1984; on race discrimination; and on banning targets? that I set out on Thursday. Our reforms are changing the culture of the police Mrs May: Of course it is important that we ensure through direct entry, a new code of ethics, greater that the IPCC is able to deal with the cases of complaints transparency and professionalisation, and reform of against police officers. I have been concerned for some Police Complaints Commission. I am time about the fact that the police have, in effect, been also, as I said on Thursday, tabling amendments to the investigating serious and sensitive complaints against Criminal Justice and Courts Bill to introduce a new police officers themselves. That is why I am changing offence of police corruption. the arrangements for the IPCC, increasing its resources From this autumn, the police will for the first time and ensuring that in future it will be taking on the have the opportunity to bring in talented and experienced serious and sensitive cases. It is also why we have leaders from other walks of life to senior ranks, opening provided a number of other new powers to the IPCC to up policing culture. I believe that that is one of the most ensure that it has the capability it needs. However, as I important reforms in shaping the police of the future. said on Thursday, I am of course continuing to look at this issue. Finally, I am sure the whole House will want to join me in paying tribute to the family of Stephen Lawrence, I assure the right hon. Lady that we do need to look who continue to live through experiences that the rest of at stop and search. I have consulted on it and the us cannot imagine. They have done so with dignity and Government are now finalising the package we wish to stoicism. They deserve truth and justice. put in place in response to that consultation.

Alec Shelbrooke: I very much associate myself with Yvette Cooper: I thank the Home Secretary for her my right hon. Friend’s comments. My constituents have answer, but given the seriousness of this, I urge her to go raised with me the issue of scam sites dealing with further and faster, both on the IPCC, which is simply passports and European health insurance cards, of which not strong enough, and on stop and search. She and I, too, have been a victim. What pressure is she is I agree that its targeted use is really important, but too bringing to bear on search engines to stop that shoddy many searches are simply not targeted at all. We have ripping off of hard-working people? not heard anything from her since her statement in July; 19 Oral Answers10 MARCH 2014 Oral Answers 20 the critical Equality and Human Rights Commission into crisis care. Will the Home Secretary outline what was four years ago; and we are told now that reform is the Government are doing to ensure that when vulnerable being blocked by regressive attitudes in No. 10. It turns people with mental health problems come into contact out that the Prime Minister said before the election that with the police, they get an appropriate level of care? he wanted to “free the police to do far more stopping and far more searching.” The Minister for Policing, Criminal Justice and Victims Does the Home Secretary agree with the Prime Minister (Damian Green): I congratulate my hon. Friend on his or is she losing the argument within the Government? work on the all-party group, to which I gave evidence last week. On vulnerable people, my right hon. Friend Mrs May: What we all want is to ensure that stop and the Home Secretary has commissioned Her Majesty’s search, a particularly valuable tool for the police, is inspectorate of constabulary to undertake a specific properly used by the police. The recent report by Her inspection of the treatment of all vulnerable people in Majesty’s inspectorate of constabulary, which I requested, custody, because that is an extremely important area, found that the stop and search powers were not being which requires improvement in the performance of the used properly in far too high a percentage of cases—about health service and the police and across the criminal a quarter of the cases it looked into. Stop and search is justice system, which we are determined to make happen. important and a very valuable tool; when it is used properly and well targeted, it has the right impact. I am Nick Smith (Blaenau Gwent) (Lab): When a retired pleased to say that the Metropolitan police have already police officer says that senior officers briefed him to started to make some changes in their operation of stop report a fight involving alcohol as just drunk and and search, which is having some impact. disorderly rather than as a public order offence, I am concerned. What steps is the Home Secretary taking to T3. [902898] (Hereford and South ensure that targets do not lead to the massaging of Herefordshire) (Con): Trading standards officers and crime figures? local police have seized more than 189,000 illegal cigarettes and more than 16 kg of illicit tobacco from shops in Norman Baker: I assure the hon. Gentleman that we my constituency in the past 12 months. All of that is take alcohol issues very seriously indeed, including the untaxed and much of it is counterfeit, but the existing way in which they are recorded by the police. There is a penalties do little to stem the flow of this harmful trade. great deal of alcohol harm in this country: £21 billion is Does the Home Secretary share my view that trading the cost to the public purse from antisocial behaviour, standards officers should be given the power to shut damage to the health service and lost productivity. As down these shops where all other enforcement methods Ministers, we all expect the police to record crime have failed? accurately. The Minister for Crime Prevention (Norman Baker): I T5. [902901] Mr Stewart Jackson (Peterborough) (Con): agree that Trading Standards needs to take that issue One consequence of an unfettered free movement seriously, as I believe it does. Of course, Her Majesty’s directive is that illegal gangmasters from the European Revenue and Customs, which is responsible for criminal Union operating in the fens are linked to antisocial investigation of fiscal offences, is well aware of the loss behaviour and human trafficking. What action is the of money to the Treasury as a consequence of that Minister taking to end that phenomenon? activity. The good news is that the UK Border Force is successfully active on this front. The Crown Prosecution The Parliamentary Under-Secretary of State for the Service will decide whether to charge and prosecute in Home Department (Karen Bradley): I thank my hon. particular cases. Friend for his question and I know how hard he works T2. [902896] Debbie Abrahams (Oldham East and locally on that issue. The Government are taking firm Saddleworth) (Lab): Two women a week die at the action to combat illegal gangmasters in his constituency hands of their partners or former partners. In Oldham, and elsewhere. We have set up a cross-Government between October 2012 and September 2013, more than multi-agency taskforce to apply the full range of 5,300 women were subject to abuse, a third of whom enforcement powers. We are doubling the penalties on were abused in front of children. With 13% fewer domestic employers for breaching the national minimum wage violence cases being prosecuted, what are the implications and for employing illegal migrant workers, and we will for justice for these women? bring forward a modern slavery Bill next Session to deal with that heinous crime. Mrs May: The hon. Lady raises an important point. Last year, the figures showed that 76 women lost their Graham Jones (Hyndburn) (Lab): Is the Home Secretary lives at the hands of a partner, ex-partner or lover. That aware of the numbers of UK nationals who are subject is lower than in previous years, but even one such case is to an overseas arrest warrant for serious offences such one too many, and we are all agreed on that across the as murder and child sex crimes? House. My hon. Friend the Minister for Crime Prevention is doing work on such issues, looking at prosecutions Mrs May: Of course I am aware that a number of and at ensuring that the right response is available so UK nationals are subject to such warrants. Indeed I that women can indeed see justice when they have applaud the work that is done by the National Crime suffered at the hands of a partner or ex-partner. Agency, particularly in some of the areas that the hon. Gentleman has identified, in relation to working with T4. [902899] James Morris (Halesowen and Rowley other police forces across the world to ensure that Regis) (Con): The all-party parliamentary group on whoever and wherever the perpetrators are, they are mental health, which I chair, recently launched an inquiry brought to justice. 21 Oral Answers10 MARCH 2014 Oral Answers 22

T6. [902902] Priti Patel (Witham) (Con): Does the The Minister for Security and Immigration (James Secretary of State agree that alongside the police, Brokenshire): We welcome those who wish to make a the public and social services have a vital role to play in life in the UK with their family, work hard and make helping to identify the victims of domestic abuse and, a contribution, but family life must not be established importantly, ensuring that they are signposted to the here at the taxpayer’s expense, and family migrants right services that will help them? must be able to integrate. That is precisely what our rules are about. We believe that this is fair to applicants Norman Baker: Yes, I wholly agree. If we are to end and to the public. The hon. Lady may know that there is violence against women and girls, all front-line services an ongoing court case. Therefore, while we absolutely have to play a crucial role. A multi-agency approach is maintain our position on this, applications are currently vital, as indeed is a cross-departmental approach, and being put on hold pending the outcome of that case. that is reflected in the updated action plan that we published at the weekend. Several hon. Members rose—

Ms Diane Abbott (Hackney North and Stoke Newington) Mr Speaker: I want to hear a couple more of my (Lab): Ministers will be aware of how upset and repelled colleagues, but extreme brevity is now required. the community is that the self-same police force that was supposed to be finding Doreen and Neville’s son’s Margot James (Stourbridge) (Con): The Facewatch killers was actually engaged in spying on them to undermine online crime reporting system makes it much quicker their campaign. Inquiries are all very well, and reforms for businesses to report crime. Will my hon. Friend are all very well, but can we be given an assurance that encourage more businesses and local authorities to we will know who authorised the spying on Doreen and follow the lead taken by the west midlands crime reduction Neville Lawrence? team and introduce Facewatch elsewhere to reduce crime further? Mrs May: The hon. Lady raises a very important point. I think that everybody in this House and across Karen Bradley: I thank my hon. Friend, who is a the country was shocked at the findings of the Ellison doughty champion for businesses both large and small review, particularly at somebody from the special in her constituency. I am very interested by the Facewatch demonstration squad effectively being, in the terms business, and I look forward to seeing it tomorrow in that Mark Ellison put it, a spy in the camp around the Farnborough at the security and policing exhibition, Lawrence family. Every effort will be made to ensure where I shall promote it and other UK businesses in that the truth comes out about that. If the hon. Lady selling these great services globally. has read the Ellison report, she will know that the record-keeping of the special demonstration squad was, Huw Irranca-Davies (Ogmore) (Lab): The Welsh to put it mildly, sadly lacking. However, every effort will Government have put their money where their mouth is be made. The Metropolitan Police Commissioner has and are funding 500 additional police community support made it clear that they will want to ensure that they are officers. Will the Minister for Crime Prevention, the providing every piece of evidence possible to the inquiries hon. Member for Lewes (Norman Baker), explain why that are taking place. his colleagues up and down the country are openly accusing Conservative councils of being hypocritical Mr Simon Burns (Chelmsford) (Con): Does the Home for not putting their money where their mouth is and Secretary accept that, with regard to the despicable supporting PCSOs? crime of FGM, her announcement earlier about the involvement of hospitals in helping to bring people to Damian Green: I—[Interruption.] I am terribly sorry justice will be widely welcomed? Does she also accept to disappoint the hon. Gentleman and Opposition Front that, if it is not already being done, there is also surely a Benchers by answering a question about policing, since role for GPs in being able to report where they come I am the Policing Minister. He will know that across the across instances of this terrible crime? country crime is coming down and a higher proportion of police officers are on the front line. The streets of Norman Baker: I entirely agree that it is very important Britain are safer today in England and in Wales than that the NHS plays a particularly good role. The public they ever have been since we started recording crime health Minister, the Under-Secretary of State for Health, statistics. the hon. Member for Battersea (Jane Ellison), has been very active on this front and has made great steps Mr Speaker: Last but not least, I call Sir James Paice. forward. She is looking at how the whole NHS can help the cross-departmental effort to tackle this appalling Sir James Paice (South East Cambridgeshire) (Con): crime. Following the question asked by my hon. Friend the Member for Peterborough (Mr Jackson), does my right Sheila Gilmore (Edinburgh East) (Lab): In my hon. Friend the Home Secretary accept that there are constituency, many fairly young couples are struggling countless employers in the food and farming sector who with the new rules on being able to marry someone do not use illegal gangmasters and who instead pay from outside this country. They feel that they are being good pay and provide good accommodation for their made to pay the price of the Government’s failure to workers, and that where there is job displacement it is keep to its migration targets. Has the Home Secretary because British workers are not prepared to do that now decided how to respond to the various reports on work, rather than because employers are somehow taking this or on whether any changes are going to be made? on illegal migrants on the cheap? 23 Oral Answers10 MARCH 2014 Oral Answers 24

Mrs May: My right hon. Friend will be aware of the speech to the Oxford Farming Conference recently, seasonal agricultural workers scheme, which was a very we need to look at ensuring that people here in the particular scheme that ensured that people were brought United Kingdom are able to take on the jobs that are across to do work in the agricultural sector. However, available to them, and at the moment we have no as my right hon. Friend the Secretary of State for intention of reintroducing the seasonal agricultural workers Environment, Food and Rural Affairs made clear in his scheme. 25 10 MARCH 2014 European Council 26

European Council these sanctions, plus the measures already agreed against Yanukovych and his circle, will be the focus of a meeting 3.35 pm here in London tomorrow with key international partners. There is an urgent need to de-escalate tension in Crimea. The Prime Minister (Mr David Cameron): With We are all clear that any referendum vote in Crimea this permission, Mr Speaker, I would like to make a statement week will be illegal, illegitimate and will not be recognised on last week’s emergency European Council. by the international community. In addition, I have to What has happened to Ukraine is completely indefensible. say that any campaign would be completely impractical Its territorial integrity has been violated and the aspirations as well as illegal. There is no proper register or proper of its people to chart their own future are being frustrated. campaign, and the territory is covered with troops. It is This European Council sent a clear and united message completely impossible for a proper referendum campaign to Russia that its actions are in flagrant breach of to be carried out. As I discussed with Chancellor Merkel international law and will incur consequences. We agreed last night in Hanover, Russia can choose the path of on a three-phase approach to stand up to this aggression de-escalation by signalling it understands that the outcome and uphold international law: first, some immediate cannot be acted on as legitimate. Chancellor Merkel steps to respond to what Russia has done; secondly, and I were clear that any attempt by Russia to legitimise urgent work on a set of measures that will follow if an illegal referendum would require us to respond by Russia refuses to enter dialogue with the Ukrainian ratcheting up the pressure further. Government; and thirdly, a set of further, far-reaching Thirdly, and most significantly, we agreed that it was consequences should Russia take further steps to destabilise essential to stop Russia taking further unacceptable the situation in Ukraine. steps in Ukraine. The Council agreed that if further Let me say a word on each of those steps. First, as a steps are taken by Russia to destabilise Ukraine, there response to what Russia has already done, we agreed on will be additional and far-reaching consequences for some immediate steps. We have suspended preparations the relationship between the Russian Federation on the for the G8 in Sochi indefinitely. As I told the House last one hand and the European Union and its member week, my view is that it would be completely wrong states on the other. The Council conclusions state that for a G8 summit to go ahead at all under current these consequences would circumstances. We decided to stop work on a comprehensive “include a broad range of economic areas.” new agreement on relations between Russia and the Britain played a leading role in helping to reach this European Union, and we immediately suspended the agreement, including through a meeting I convened talks that were under way on a more liberal visa regime with fellow leaders from France, Germany, Italy and in the Schengen area—the thing that Russian Ministers Poland on the morning of the Council. Such sanctions and business delegations have pushed for more than would have consequences for many EU member states, anything else. including Britain, but as I argued at the meeting, the Here in Britain, I have ordered an urgent review of all costs of not standing up to aggression are far greater. Government business with Russia. We have already Britain’s own security and prosperity would be at risk if announced that no Ministers or members of the royal we allow a situation where countries can just flout family will visit the Sochi Paralympics. Many other international rules without incurring consequences. planned ministerial-level contacts will be cancelled in Finally, we decided to send a political message of current circumstances. All bilateral military co-operation support to the Ukrainian Government and people. is under review, with the presumption that we will The interim Ukrainian President spoke at the European suspend it, except for work carried out to fulfil international Council with great power and force. The Ukrainian treaty obligations, such as European arms control people want the freedom to be able to choose their own inspections. I have ordered a review of licences for arms future and strengthen their ties with Europe, and they exports to Russia. It is hard to see how anything that want a future free from the awful corruption that could be used in Ukraine could be justified. As with they have endured for far too long. other measures, it is best if possible to take these At the request of the Ukrainian Prime Minister, we decisions in concert with our European allies. therefore agreed to bring forward the signing of the There has been intense work to persuade Russia to political part of the EU’s association agreement with come to the negotiating table with the Government of Ukraine, and we agreed to help Ukraine tackle corruption. Ukraine and to discuss its stated concerns face to face. The EU has now frozen the assets of 18 people linked to The idea of such a contact group, including other the former regime, and Britain has deployed a team to countries and organisations, was one I first proposed to Kiev from our National Crime Agency to help the new the Polish Prime Minister back in January. The European Ukrainian Government go after ill-gotten funds and Council agreed it was essential for such talks to start return them to the Ukrainian people. within the next few days and for them to deliver progress It is now vital that Ukraine proceeds towards free quickly. We also agreed that if Russia did not co-operate and fair elections that enable all Ukrainians, including there would need to be further measures—the so-called Russian speakers and minorities, to choose their leaders second phase—which would need to start rapidly. freely, so Britain is now providing substantial and immediate Therefore, at my instigation, the Council tasked the technical assistance to Ukraine to support elections and European Commission to begin work on additional assist with reforms on public finance management, debt measures which could be taken against Russia if these management and energy pricing. Ukraine also needs talks do not get going or do not start producing results. support to stabilise and repair its economy. The EU These will include asset freezes and travel bans. We are agreed unilaterally to lower trade tariffs, and to work working closely with our American, European and other with the International Monetary Fund on a package of international partners to prepare a list of names, and financial assistance to the Ukrainian Government. 27 European Council10 MARCH 2014 European Council 28

[The Prime Minister] he confirm that the time frame for their implementation will be days and not weeks, particularly given that the As I agreed with President Obama during our call United States is committed to such action? On the this weekend, there is still an opportunity for Russia to EU-Russia summit, which is referred to in the Council resolve this situation diplomatically. It should engage in conclusions, surely it makes sense at the very least, direct talks with the Ukrainians, return Russian troops unless there is an immediate change of course by the to their bases in Crimea, withdraw its support for this Russian Government, to suspend preparations for it, as illegal and unconstitutional referendum in Crimea, and has been done for the G8 summit in Sochi. work with the rest of the international community to Beyond that, I welcome the Prime Minister’s statement support free and fair elections in Ukraine in May. No that we need to look actively at other measures. I urge one should be interested in a tug of war. Ukraine him in the days ahead to build support for further should be able to choose its own future and act as a measures among our European and other allies to prepare bridge between Russia and Europe. for the eventuality that they will be required. Britain’s own future depends on a world where countries Let me ask the Prime Minister about some specific obey the rules. In Europe, we have spent the past matters. Will he confirm that, if Russia does not change 70 years working to keep the peace, and we know from course, he will consider working with the G7 to suspend history that turning a blind eye when nations are trampled Russia from the G8—something that he called for over stores up greater problems for the longer term. We specifically at the start of the crisis in Georgia in 2008? must stand up to aggression, uphold international law That would go beyond simply withdrawing from the and support the Ukrainian Government and the Ukrainian preparatory talks for Sochi or from the Sochi summit people, who want the freedom to choose their own itself. Following the announcement that the UK future. That is right for Ukraine, right for Europe, right Government are reviewing every outstanding arms export for Britain. I commend this statement to the House. licence to Russia, to which he referred, will he confirm what the time scale is for the conclusions on that issue? 3.43 pm What scope does he believe there is for an EU-wide Edward Miliband (Doncaster North) (Lab): I thank agreement on arms exports? the Prime Minister for his statement, and I join him in Finally, will the Prime Minister not only confirm that expressing deep concern about the situation in Ukraine. he is open to wider economic and trade sanctions, as Since we discussed this issue in the House last Wednesday, he said in his statement, but tell the House in what we have seen the illegal referendum announced in Crimea, circumstances it would be appropriate to go down that Organisation for Security and Co-operation in Europe road? He said in his statement, with a reference to observers prevented from crossing into the region by Chancellor Merkel, that there would need to be a ratcheting Russian forces for four days running and, yesterday, up of pressure on Russia if it used the referendum in violence on the streets against anti-Russian demonstrators. Crimea to strengthen its hold on Crimea. Will he say We support the twin-track approach of encouraging specifically whether economic and trade sanctions would dialogue and at the same time maximising pressure on be appropriate in those circumstances, given that the the Russian Government, but nobody looking at the referendum is a pressing matter and will take place in a unfolding situation on the ground would conclude that week or so? this is yet having the desired effect. It is on that basis In conclusion, we should continue to use all possible that we should examine the discussions taking place, channels to facilitate dialogue and encourage the Ukrainian the outcome of the EU summit and the steps that Government to be as broad based as possible. We should be taken in the days ahead. recognise the constraints on the Prime Minister in seeking It is worth saying that getting agreement among the to reach EU-wide agreement. However, I urge him, EU 28 is always difficult, particularly when a number of particularly as we approach the referendum in Crimea, member states are vulnerable to Russian action on to apply maximum influence on our allies, so that issues such as energy. However, as we agreed last week, maximum pressure can be applied on the Russian this is a test of EU resolve and of its commitment to Government. Hesitancy or weakness in the EU’s response uphold the rule of law, democracy and human rights— will send precisely the wrong message. The UK has a values on which it prides itself as an institution. vital position of responsibility in ensuring that that Let me welcome the summit measures that were does not happen and that, instead, the EU and the US agreed. Those include the unity of the EU in condemning stand together in clear and united resolve. We will Russia’s actions and the decision to provide support provide him with all the necessary support as he seeks and encouragement to the Ukrainian Government, to achieve that. including ¤11 billion of aid. The Prime Minister referred to the suspension of visa talks and a new agreement The Prime Minister: I thank the right hon. Gentleman on EU-Russia relations. Those measures are welcome, for what he has said. He has welcomed our approach, although they had been announced on 3 March before which is a combination of pressure and dialogue. That the developments that I referred to at the start. Does he is absolutely right: we should be trying to de-escalate accept that the evidence from recent days suggests that the crisis, but an element of deterrence is required to those measures alone will be insufficient to get Russia discourage further aggressive steps from Russia. to change course, and that further action will be required? Let me try to answer each of the right hon. Gentleman’s Turning to what more needs to be done, I welcome questions. He is right that this is a test of European the European Council’s decision to look at further resolve. It is clearly difficult, as he says, to get agreement measures, although the agreed language is weaker than among 28 countries. There are countries in the European we would have wished. I welcome what the Prime Union that have a heavy dependence on Russian energy, Minister said about asset freezes and travel bans. Will for instance, so we have to try to bring everyone along in 29 European Council10 MARCH 2014 European Council 30 the argument. That is what happened at the European together, and that is exactly what I believe we achieved Council. A lot of people were expecting a strong US last week. Also, behind his questions was the idea that response and an EU response that was well behind it. we should be trying strategically to make the European That did not happen. Given everything, the EU response Union member states less dependent on Russia. Some was a relatively good one. are heavily dependent on it for oil and gas, and it is right The right hon. Gentleman asked whether further that the European Union should spend more time thinking measures will be needed. That will obviously depend on about that. the Russian response. We are trying to be clear, predictable and consistent in setting out what has been done, what Sir Peter Tapsell (Louth and Horncastle) (Con): will need to be done if the talks do not get going, and Why is it acceptable for the Scottish nationalists to be what further steps would be taken if Russia took further granted a referendum in Scotland on constitutional aggressive steps, for instance in eastern Ukraine. Setting arrangements dating back to 1707, but unacceptable for that out in advance helps people to understand the depth Russian nationalists in the Crimea to have a referendum of concern in the EU and the preparedness for action. about constitutional arrangements that date back only The right hon. Gentleman asked whether asset freezes to 1954? Does my right hon. Friend agree that, if the would be put in place in days rather than weeks. Obviously, Crimean referendum could be postponed until such that depends on whether the Russians set up the contact time as international observers could be put in place to group and start the dialogue with the Ukrainian ensure that the referendum was genuine, that would be Government. If they do not, asset freezes and travel by far the most sensible solution to the problem? bans will follow, and yes, that should follow in a matter of days not weeks, because the setting up of the contact The Prime Minister: To answer the Father of the group and the starting of talks is not a particularly House directly, the difference between the Scottish difficult step for the Russians to take if they genuinely referendum and the one in Crimea is that the Scottish want to see this ended through a process of dialogue, referendum is legal. It was discussed and debated in this rather than continuing with this conflict. House and in the Scottish Parliament, and we went a The right hon. Gentleman’s comment about linking long way to put in place arrangements that I have the EU-Russia summit with the G8 is absolutely right. described as not only decisive and fair but legal. The It would be unthinkable for a G8 not to go ahead while difference between those arrangements and the Crimean an EU-Russia summit did go ahead; these things have referendum is that the Crimean referendum is illegitimate to be considered in tandem. He also asked whether it and illegal under the Ukrainian constitution. That is would be right to resuscitate the G7, rather than going not to say that the people of Ukraine or of Crimea ahead with the G8. If we do not make progress on a cannot, over time, find a way of expressing their own contact group and if Russia takes further steps, clearly preferences. That is what we have done in Scotland, and one of the measures that we could bring forward relatively of course they can do it there too, but the way in which quickly would be to take a different approach by going this referendum has come about is clearly illegitimate back to a G7, rather than holding a G8, but let us hope and illegal; that is the difference. that that is not necessary. In relation to arms, the right hon. Gentleman made Mr Jack Straw (Blackburn) (Lab): Against the the point that we should try to take action across the background of thugs in Crimea blocking the admission EU, and I very much agree with that. I have set out of OSCE monitors into Crimea, what does the Prime today my own view about arms licences from Britain, Minister think of Russian Foreign Minister Lavrov’s and we will be working within the European Council to claim last week that one of the ways of resolving the try to achieve the greatest possible common ground on matter peacefully is by using the OSCE? this. The fact is that some countries have substantial exports to Russia, but as I said at the Council, everyone is going to have to consider things that might be painful The Prime Minister: The right hon. Gentleman, who and difficult for their own country, and I think that the served as , speaks with great knowledge. countries concerned are prepared to take those steps. The fact is that a number of things our Russian interlocutors The right hon. Gentleman asked about the issue with have said have turned out simply not to be true. We have Crimea, and about what consequences could follow to be very clear in challenging them on that. Of course there. It is very clear that the international community Russia has an interest in having a strong and positive is not going to recognise that illegal and illegitimate relationship with Ukraine, which we understand and referendum. As I said, it is a fairly farcical referendum, welcome, but in these circumstances some of the things because people cannot get out and campaign across that have been said about what is happening on the Crimea. There is not even a proper electoral register ground, the consequences that would follow certain there, there are troops all over the territory and Ukrainian actions, and indeed the point he has just made, show politicians are unable to travel from one part of their that they have not been entirely straightforward with us. country to another. So the referendum is clearly not only illegal but rather farcical. Again, the answer lies in Martin Horwood (Cheltenham) (LD): I welcome the Russia’s hand, because this is about how it reacts to this steps that have already been taken and the option of illegal and illegitimate referendum. If it reacts by saying much stronger economic sanctions, but the presence of that it is somehow legitimate, consequences should follow small but visible numbers of neo-fascist thugs on the from that. streets of Ukraine, and indeed on the TV screens of The right hon. Gentleman asked whether we should Russia, is clearly just playing into Vladimir Putin’s put maximum influence on our allies in Europe to try to hands. Can we assist the Government of Ukraine in strengthen these statements and measures, and we will. returning control of law and order on the streets to the He made the point that the EU and the US should work regular police as soon as possible? 31 European Council10 MARCH 2014 European Council 32

The Prime Minister: My hon. Friend is clearly right country that wants to can hold a referendum under its that in Ukraine, as in all countries, we need to see constitution—that is what constitutions are able to legitimate forces of law and order—the police and the deliver—but it has to be fair and legal. It is quite military—with responsible roles, rather than militias. But clear—everybody agrees, except the Russians—that this I think that we should be very careful not to do what the referendum is illegitimate, illegal and will not be recognised Russians are doing, which is to exaggerate the claims by the international community. they are making in order to justify some of their actions. Of course, as I have said, what we need in Ukraine is Sir Richard Ottaway (Croydon South) (Con): With respect for all minorities and all the different languages, the so-called referendum due to be held on Sunday, time including the Russian language speakers. I am confident is not on our side. Now that Russia is far more integrated that the Ukrainian Government understand that. into the world economy, the most effective short-term pressure that can be applied is financial and economic, Ms Gisela Stuart (Birmingham, Edgbaston) (Lab): I but we should not be looking just at national assets. welcome the fact that the Prime Minister has come to Does the Prime Minister agree that Russian banks and the House to make a statement on the European Council, corporations that are contemplating taking over Ukrainian something he has not done quite as assiduously as I assets in Crimea should be warned that if they go down think he should have done in the past. Did he have an that road, they will be denied access to western financial opportunity to speak in the margin to other NATO institutions? members, given that he is preparing for a NATO council in September in Wales? Presumably at that stage article 5 The Prime Minister: My right hon. Friend makes an will suddenly have acquired a new pertinence to quite a important point. The three-phased approach sets out number of EU member states. that if there are further Russian moves on eastern Ukraine or to further destabilise Ukraine, we as the The Prime Minister: First, I say to the hon. Lady, for European Union would be prepared to bring forward whom I have considerable respect, that I think that I a range of economic and other sanctions which, as it have made more statements following European Councils states in the European Council conclusions, would cover than my predecessors, not least because their number a broad range of areas. Nothing is off the table. Of has gone up. Every now and again we make a written course, these things are never easy for democracies to statement, but normally we make an oral one. carry out. It was pointed out at the meeting that some Secondly, on the issue the hon. Lady raised, I took the countries might suffer more with energy sanctions, some time to speak to as many colleagues as I could, including with financial sanctions, and some more with defence a number of NATO colleagues. Obviously there is great sanctions. As the European Union, and as member concern, particularly from our colleagues in the Baltic states, we must consider what steps would be necessary states and in Poland, and I listened very carefully to to send a clear message to Russia. My right hon. Friend’s what they said. I think that it is very important that we point is a good one. emphasise the security guarantees that NATO provides and that they should have confidence and certainty in (Rhondda) (Lab): I am glad that the them. I think that those countries also speak with great Prime Minister has scotched the idea that some seem to knowledge about what works when standing up to, and have that it is somehow acceptable for Russia to subsume being clear about, these threats from Russia. Crimea on the basis that a majority of Crimeans speak Russian. That is the language of 1938, and it did not do Nicholas Soames (Mid Sussex) (Con): Although we very well for Czechoslovakia in the end. May I urge the all want to see the emergence of a reliable new Russia Prime Minister to do one thing immediately? The United that abides by the rules, does my right hon. Friend agree States of America has already done this, and the European that, in order to ensure that the costs of standing up to Parliament has called on all countries in Europe to do aggression are fully met, we need a serious rethink as so, as has the Council of Europe. Will he tell the we approach the next strategic defence review and the Russian officials who were involved in the murder of agenda of the NATO summit? Sergei Magnitsky and in the corruption he unveiled that they are not welcome in this country? The Prime Minister: I think that my right hon. Friend is right. All these events should always cause us to look The Prime Minister: As ever, the hon. Gentleman again at our strategy and at the decisions we have made. speaks powerfully about these issues, and those are the I think that they emphasise the importance of standing sorts of things we can take into account when looking by our NATO allies and strengthening NATO. They at individuals who will be affected by travel bans and also emphasise the importance of dealing with new asset freezes. On historical analogies—a number of threats, such as cyber. Obviously we will take all those people are making such points—I think that perhaps things into account in the next strategic defence review. the best ones to draw are by looking at what happened to Georgia and the frozen conflicts of South Ossetia Mr Dennis Skinner (Bolsover) (Lab): Since the Prime and Abkhazia, and in Transnistria. There is a pattern, Minister has become an expert on promising referendums and we need to interrupt it by the European Union and on the EU, then postponing them, and then promising member states, with our American allies and others, another, what right has he to tell Putin that he cannot taking a strong stance. have one in Crimea? Mr (Wokingham) (Con): Will the Prime The Prime Minister: I think that I answered that Minister now seek fundamental changes in EU energy question pretty comprehensively in response to my right policy? Some member states are far too dependent hon. Friend the Father of the House. Of course, any on Russian gas, and the rest of us are far too dependent 33 European Council10 MARCH 2014 European Council 34 on intermittent, dear and scarce sources of energy, about what progress we could make on the association owing to EU directives. Do we not need to get control agreement. It was an important debate, because European of our power to be able to reply? colleagues felt strongly that we could not indicate that we would have been happy to sign an association agreement The Prime Minister: My right hon. Friend is entirely with the previous President but hold back from signing right. Here in the UK, we are not reliant to any significant one with the current Administration. We therefore came degree on Russian supplies of gas, but some countries forward with the idea of signing the political part of the in Europe receive 60% or 70% more of their gas from association agreement, lowering European tariffs as a them. As a European Union we need to think about unilateral gesture to help the Ukrainian economy, and how to make ourselves more resilient as a group of pressing ahead with the rest of the agreement in a countries, and part of that will be by completing the proper time frame. European energy single market, which will make a difference to those countries. This is clearly a good moment (Rossendale and Darwen) (Con): My to press that concern in Europe and get more done. right hon. Friend has spoken of the inability of Ukrainian politicians to campaign on the Crimea. Will he confirm Mr David Winnick (Walsall North) (Lab): I happen that a referendum scratched together in 10 days at to believe that there should be a legal and responsible gunpoint at the behest of a foreign power can never be referendum as far as Crimea is concerned—one that is regarded as legitimate, fair or free? under international control and not the sort of effort the Russians are organising. Whatever views we hold The Prime Minister: My hon. Friend puts it extremely about Crimea, should we not totally condemn what well. The referendum is obviously not free, fair or legitimate, Russia has done? Outright thuggery against part of a and we should have no hesitation in saying so. neighbouring and sovereign state should certainly be condemned. Jeremy Corbyn (Islington North) (Lab): A week ago, the Foreign Secretary assured the House that there was The Prime Minister: The hon. Gentleman is absolutely no question of Ukraine joining NATO. Since then, we right, and we should not only condemn the Russian have had a steady stream of statements from the NATO action, but set out the consequences that will follow. On Secretary-General, who has spoken at great length and the referendum, a number of Members of this House expansively of expanding NATO and once more getting have taken part in election campaigns and referendum very close to Russia. Does the Prime Minister believe campaigns, and it is worth thinking about how practical that the NATO Secretary-General should calm down a it is to hold a referendum between now and Sunday bit, and that there should be less talk of expansion, to when there is no register, no campaign, and Ukrainian try to de-escalate the tensions rather than increase politicians cannot travel round their country. It is not them? only illegal but literally farcical to think of that going ahead and in any way being respected, responded to, or The Prime Minister: Ukrainian membership of NATO legitimised by the Russians or anybody else. is not on the agenda at present, but it is absolutely right that NATO countries are responding as strongly and Dr Julian Lewis (New Forest East) (Con): Have the as clearly to the threat of Russian aggression and arrangements we have put in place for the safe withdrawal destabilisation as they are. We should listen particularly of troops and especially heavy equipment from Afghanistan to countries such as the Baltic states and Poland that by the end of this year in any way been affected by the wanted to join NATO. We made absolutely the right tension that has arisen between us and Russia? decision to allow them to do so.

The Prime Minister: We have not received any (Portsmouth North) (Con): Does information that would lead us to think that. If we are my right hon. Friend agree that accepting a Russian going to take steps—diplomatically, politically and, seizure of part of Ukraine is against the national interests potentially, economically—we should take them because of the UK? it is the right thing to do. We should recognise that there may be consequences from some of those things. There The Prime Minister: My hon. Friend makes an important could be consequences for the City of London and some point. We should define what our national interest is in European defence industries, or for energy or other this instance, and I think it is that Britain benefits from interests around Europe. However, we should proceed there being a world where countries obey the rules and knowing that what we are doing is sensible, legitimate, where there is a rules-based global system. We are an proportionate, consistent and right. international country—a country that relies on the world’s markets being open, and on countries obeying norms Keith Vaz (Leicester East) (Lab): I welcome the Prime and standards of behaviour. We know what price is paid Minister’s commitment to sign the association agreement if we turn a blind eye when such things happen: we before the elections on 25 March. A poll of Ukrainians build up much bigger problems for the future. last year showed that the vast majority want to be members of the EU. Were there any discussions about Mr Pat McFadden (Wolverhampton South East) (Lab): Ukraine joining the EU as a candidate country, because At the critical moment a few weeks ago, and during that could provide focus for the Ukrainians at this time the street protests in Kiev, the Foreign Ministers of of instability? Germany, France and Poland represented the European Union. Why was Britain absent from that group? Was it The Prime Minister: I have great respect for the right a deliberate choice of the UK Government, or was it a hon. Gentleman. There were no discussions on Ukraine’s reflection of our threat to leave the European Union in long-term aims to join the EU. The discussion was three years’ time? 35 European Council10 MARCH 2014 European Council 36

The Prime Minister: We strongly supported the work The Prime Minister: The best way that Britain can that the Foreign Secretaries of Poland, Germany and help to de-escalate this crisis is by encouraging a talks France did. They had the strong support of the UK process. That is why we came up with the idea of a Foreign Secretary, who was in Brazil at the time of that contact group to help Russia and Ukraine talk each meeting. That meeting was important, but if anyone other in the company of important European powers wants to say that Britain has somehow not played a and organisations, and that is what we should push very leading role in bringing together international action on hard. However, I take issue with my hon. Friend’s the crisis, they would have quite a hard argument to description of the Ukrainian Government. The Ukrainian make. The Foreign Secretary was the first leading politician Parliament had to react to the fact that the President to get to Kiev and listen to the politicians themselves left the country, and it took constitutional steps to put a after the events. We helped to co-ordinate that important transitional Government in place. That transitional EU statement, and we are helping to bring the United Government have said it is important to respect the States and the EU together on a concerted set of actions. rights of Russian speakers and minorities, and they I commend all the work my Foreign Secretary has done. have had that point put to them by others as well. I do not think it is fair in any way to blame the European Sir Tony Baldry (Banbury) (Con): I refer to the Union for this crisis. The European Union rightly has answer to our right hon. Friend the Member for partnership and neighbourhood approaches to its Wokingham (Mr Redwood). Does the Prime Minister neighbours but these are voluntarily entered into, and it agree that recent events demonstrate the need for the is right that the European Union has those arrangements. UK to be as energy self-sufficient as possible, to maximise the returns from North sea oil and gas, and to utilise Pete Wishart (Perth and North Perthshire) (SNP): I fully the potential of UK fracking to help ensure that thank the Prime Minister for his statement and early the UK can be as energy self-sufficient as possible? sight of it. Notwithstanding his response to the right hon. Member for Blackburn (Mr Straw), does he share my disappointment at the way the OSCE has been The Prime Minister: My right hon. Friend makes a treated and prevented from carrying out an important strong argument. Britain has a diverse source of energy task on the ground? What extra support can the UK supplies—we have North sea oil and gas, we have long-term Government give the OSCE to ensure that it does that supply contracts with countries such as Qatar, we have vital task? our nuclear industry which we are now reinvigorating, and a large investment in renewables. One of the arguments The Prime Minister: We will keep supporting the that colleagues were making at the European Council OSCE in the work that it does. The hon. Gentleman is was that we should encourage the US to start exporting right that the way potential observers and observer some of its gas. That would be hugely beneficial and missions have been treated is appalling. They should be something that we should support, but in my view it there; they play a vital role. We will do everything we raised the question why the European Union is not doing can to support them. The fact that they are not being more to support and promote recovering unconventional allowed in is a material consideration in thinking about gas. We should be doing that ourselves in order to the steps that we take next. enhance our energy security, and that goes for all the countries of the European Union. Several hon. Members rose—

Helen Goodman (Bishop Auckland) (Lab): Can the Mr Speaker: Order. The hon. Member for The Wrekin Prime Minister tell the House what the international (Mark Pritchard) has perambulated across the Bench community might do to protect the Crimean Tatars? By from its middle to its end. Some people might think it is the same token, what message have the British Government almost as difficult for me to keep an eye on him as it given to the new Ukrainian Government about the is for the Government Whips. I call Mr Mark Pritchard. protection of Russian minorities? Mark Pritchard (The Wrekin) (Con): I have a Panel The Prime Minister: The hon. Lady makes an important of Chairs meeting to attend—I am grateful for being point. In all our dealings with the Russians and with the appointed to the panel. new Ukrainian Government, we have set out the importance Instead of listening to the criticism of some Opposition of making sure that the new Ukrainian Government are Back Benchers, the Prime Minister should be commended inclusive and that the Ukrainian elections give proper not only for his statement but for his leadership on this rights to minorities and to Russian speakers. As I say, issue in Europe along with the Foreign Secretary. On we emphasised that point to the Russians as well, and the issue of European unity, is it not the case that while obviously the Tatars in Crimea are a case in point. Germany, Hungary and the energy axis aligned with Russia might agree on phase 1 on the European strategy, Mr Bernard Jenkin (Harwich and North Essex) (Con): phases 2 and 3 may be more challenging? I join my right hon. Friend in his condemnation of Russian action and duplicity in Ukraine. How does he The Prime Minister: I am grateful for what my hon. think the west can help de-escalate, given that Ukrainian Friend says. All those countries—Hungary included— society is deeply divided and the present Government signed up to the European Council conclusions that represent only one faction and are unelected? Should were extensively debated around the table at that meeting, we not call for new elections in Ukraine—the election of so they are committed. It states clearly that if further a national Government—and should we not take the steps are taken to destabilise Ukraine, the European EU association agreement off the table as an unnecessary Union will take steps covering a range of economic provocation in the current situation? areas. Nothing is ruled out from those areas. Yes, it 37 European Council10 MARCH 2014 European Council 38 will be difficult, but I am confident that were that countries to join the European Union and NATO? Yes, eventuality to come to pass, we would be able to respond it was. It gave them the security and stability to make appropriately. economic progress, combat corruption and have the sort of free and open societies that the House supports. Alison McGovern (Wirral South) (Lab): Further to They draw a lot of strength and succour from that, and the point made by my right hon. Friend the Leader of we should not forget it. the Opposition and the right hon. Member for Croydon South (Sir Richard Ottaway), it is good to hear the John Woodcock (Barrow and Furness) (Lab/Co-op): Prime Minister talk about asset freezes. He said in his The Prime Minister is right to say there is a pattern to statement that the Council has asked the European President Putin’s aggressive expansionism. Is the right Commission to begin work on these additional measures. hon. Gentleman not concerned that the measures he What work will the UK Government do to support the has committed to, or set out as possibilities, may prove Commission in that, and what conversations has he had insufficient to disrupt that pattern? Will we not look with our European partners on this specific subject? back with great regret if this emboldens Russia to continue on this path, potentially to the door of NATO The Prime Minister: We will hold a meeting tomorrow members themselves? that will include representatives from the European Commission and from Britain, to go through and look The Prime Minister: If we pursue the steps we are in detail at which individuals could potentially be named. contemplating and the steps the EU has agreed to take There should be maximum co-operation between the in a strong, predictable and consistent way, we can various European countries and European organisations demonstrate to Russia that there is a pathway where it about this. chooses dialogue and diplomacy to settle these issues, rather than further destabilisation. That would be the right Mr Crispin Blunt (Reigate) (Con): Europe is littered outcome. I do not think that this approach is doomed with potential conflicts like that now afflicting Crimea. not to work, for the simple reason that there are long-term Is my right hon. Friend clear that the security of the costs to Russia in not recognising the importance of its whole of Europe depends on countries obeying the economic and diplomatic relationship with Europe. For rules in this area, and while Russia remains outside instance, we talk a lot about Russian gas. Yes, Europe is those rules, she must be made to pay a very serious reliant on Russian gas to the tune of 25% of the EU economic price? market as a whole, but approximately 50% of Gazprom’s sales are to Europe. There are, therefore, strong arguments The Prime Minister: My hon. Friend is right. As I to say that Russia needs a sensible relationship with have said, we have these frozen conflicts that we still Europe more than Europe needs a sensible relationship struggle with across Europe. We are making a concerted with Russia. We should not talk ourselves down in any effort to ensure that this does not turn into another one. way. If we are tough, predictable and consistent we can We have to accept that there will be real and quite help to emphasise to Russia that she should choose a painful consequences for European countries if we have path of diplomacy, not conflict. to go ahead with sanctions, but we should do so because it would be a greater evil to allow this situation to continue. Geoffrey Clifton-Brown (The Cotswolds) (Con): Does my right hon. Friend agree that one of the excuses for Mr Dave Watts (St Helens North) (Lab): Has the President Putin unleashing his troops in Crimea was Prime Minister carried out any review of whether Russians that he wanted to protect the Russian minorities? When are already moving their assets outside the UK before the Prime Minister next contacts the Ukrainian interim any freeze is introduced? Prime Minister, will he urge him to broadcast and do whatever he can to promote an inclusive message to The Prime Minister: I have not seen any evidence of every citizen of Ukraine that they have nothing to fear that. Sometimes the City of London is unfairly painted from him, either as an interim Government or as an as somewhere that does not have tough rules on money elected Government, and will he also urge the BBC to laundering. It does. It is painted as somewhere that does broadcast that inclusive message? not have tough rules on transparency. It does. Part of the G8 agenda was aimed at making sure that we get The Prime Minister: My hon. Friend makes a very greater transparency, particularly on issues such as tax. good point, which is that we should keep saying to the We will take the necessary steps, if that becomes appropriate, interim Ukrainian Government, and indeed to any new and the City of London will play its full part. elected Ukrainian Government, that they should respect the rights of minorities and the rights of Russian speakers. Bob Stewart (Beckenham) (Con): The Baltic republics We should also uncover how much of the propaganda border on Russia and they have substantial Russian we have been told about these sorts of things is made populations. My right hon. Friend has already hinted up, exaggerated and fabricated. We must not let the that they must be somewhat nervous. They are NATO Russians get away with a propaganda campaign that members, so does he think it appropriate that NATO says that were it not for the action of Russian troops in should reaffirm the principle of collective security for Crimea there would somehow have been an appalling all its members? bloodbath. I do not think that that is the truth at all, and we should challenge that at every opportunity. The Prime Minister: The collective security approach is at the heart of NATO, and we should reaffirm it every Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co- time NATO countries meet. Looking back, was it right op): The Prime Minister made reference in his statement to allow Latvia, Lithuania, Estonia, Poland and other to the importance of stabilising the new Ukrainian 39 European Council10 MARCH 2014 European Council 40

[Cathy Jamieson] of supply, greater competition, and unbundling between producers and distributors, all of which can help to economy, and to the role of the EU and the International provide a more resilient set of energy conditions. We are Monetary Fund. Can he give us more information on encouraging such action throughout Europe, not least when the EU will be bringing forward a clear timetable through the completion of the energy single market. and the milestones for the release of the financial assistance package? Gemma Doyle (West Dunbartonshire) (Lab/Co-op): Last week the Foreign Secretary said that the chances of The Prime Minister: The hon. Lady asks a very the United Kingdom signing a multi-technical co-operation important question. The EU, rightly, is being guided by agreement with Russia were now greatly reduced. The the IMF team in Ukraine. The IMF has the real expertise Prime Minister says that he wants to be tough. Is he on what is needed in terms of conditions, guarantees now going to rule out the signing of that agreement? and undertakings on economic reforms to release an IMF programme. The majority of the EU money is The Prime Minister: As I have said, we are reviewing conditional on that IMF programme going ahead. all our military co-operation with Russia. Obviously, the arrangements that we will want to continue are Andrea Leadsom (South Northamptonshire) (Con): those linked to international arms agreements, inspections Has the Prime Minister been able to assess reports that and the like, but I think that there will be an increasingly up to £100 billion was stolen by the previous Ukraine strong case for cancelling other arrangements. I repeat regime? What steps is the EU Council making to try to that I think that it is worth our doing this in conjunction retrieve that money? Do we need more international with other European Union member states. I think that action to ensure that offshore banks take very seriously we maximise our influence and leverage in this regard if their duty to check where money is coming from to we act together, and I am keen that we should do so. avoid authoritarian regimes impoverishing their countries? Sir Edward Leigh (Gainsborough) (Con): The Prime The Prime Minister: My hon. Friend’s point is absolutely Minister is right to stress the importance of history. For key. As I said in the House last week, the reaction of the instance, ultra-nationalist Lviv was once 80% Polish Ukrainian people against their former President was as Lvov, and before that was Lemberg in the Austro-Hungarian much about being against corruption, and the massive empire. I wonder whether the Prime Minister—with his larceny that has taken place on an industrial scale in well-known charm, diplomatic skills and all the rest, that country, as it was about making a statement on and with no obvious self-interest, as a Briton—can act whether to move closer to Europe or in another direction. as a bridgehead between those in the European Union I have seen reports of vast sums and figures. We should who want to alarm Russia by detaching Ukraine from redouble our commitments to get to the bottom of traditional spheres of influence and Russian imperialists. whether we can recover any of the stolen money and I should have thought that he could play a very useful return it to the Ukrainian people. In our international role in promoting diplomacy and good relations. and diplomatic work, and in our aid work, we should The Prime Minister: I am very grateful for my hon. redouble our efforts to tackle corruption right across Friend’s suggestion. I have spoken to President Putin, I the world. think, four times since the crisis began, and one of the points that I always make is that Britain understands—and John Cryer (Leyton and Wanstead) (Lab): The Prime I think many in the European Union understand—that Minister will be aware that the European Union consistently Russia has a very close interest in what happens in supported the breakaway of Kosovo from Yugoslavia. Ukraine, and wants to have a strong relationship with it Does that not hand a fairly useful argument to Russia, in the future. The point that I make—and tried to make which will deploy it consistently with regard to Crimea? in my statement—is that this should not be a tug of war between Russia and Europe, but should be a chance for The Prime Minister: Obviously the Russians do use the Ukrainian people to decide their own future. They that argument, and we hear it frequently. The events to could easily choose a future in which they act as something which the hon. Gentleman has referred happened under of a bridge between Europe and Russia, and we should an earlier Government, but the point that I would be actively encouraging that. We should be saying to the make, very much in their defence, is that there was a Russians, “Of course we want a Ukraine where Russian clear and present danger to the Kosovans who lived in speakers and minorities are properly treated, and a Ukraine Serbia. There was a real danger there, and we had to act which has a proper relationship with both Russia and in order to avert it. The steps that have been taken from the European Union.” that point onwards have been taken in a very deliberate and consistent way. Nic Dakin (Scunthorpe) (Lab): Can the Prime Minister comment on whether his party is still sitting in the same Neil Carmichael (Stroud) (Con): I noted the Prime political grouping as President Putin’s United Russia in Minister’s earlier answers in connection with energy. the Parliamentary Assembly of the Council of Europe? Does he agree that Britain could make a really important If it is—and it may well not be—what is he going to do contribution by encouraging other nation states to be as about it? liberal and competitive as possible in relation to energy, in order to strengthen his case for saying that Russia The Prime Minister: I can satisfy the hon. Gentleman needs Europe more than Europe needs Russia? by saying that that is no longer the case. The Prime Minister: My hon. Friend has made an Mr John Baron (Basildon and Billericay) (Con): Events important point. If countries liberalise and open up in Crimea are reminding us yet again that powerful their energy markets, they can secure greater diversity countries which are not necessarily friendly to the west 41 European Council10 MARCH 2014 European Council 42 are not only increasing their defence spending, but are Charles Hendry (Wealden) (Con): The Prime Minister prepared to project their capability. Was there any will be aware that, as a result of the policies he has put discussion, or indeed recognition, in the European Council in place, our trade with Russia has grown dramatically of the need to raise defence spending from its present in recent years and there are now over 600 British low levels? companies operating in Russia. Does he agree that, even in times of political stress, it should be a last resort The Prime Minister: We were very much discussing to jeopardise those links, not just because of their the diplomatic, political and economic steps that needed economic importance but because they are a vital way to be taken, rather than any military steps, but I agree of improving understanding between our countries? with my hon. Friend that it is important for us to maintain a proper level of defence spending. Britain has The Prime Minister: My hon. Friend makes an important one of the top five defence budgets anywhere in the point. I support a good relationship between Britain world. However, I think that even more important than and Russia and have taken steps as Prime Minister to the amount of money that we spend are the capabilities try to put that in place. We have huge issues and that we buy with that money. It is very important for us difficulties between us still, not least the Litvinenko to modernise the way in which we spend our money, measures that remain in place, and clearly this is going and we should encourage all European countries to do to be a major impediment to a strong relationship that as well. between Britain and Russia, unless Russia takes the diplomatic path. We should hope that it does and work Debbie Abrahams (Oldham East and Saddleworth) towards encouraging it to do so. If that happens, I see (Lab): I appreciate that last week the UN special envoy no reason why important economic relations, as we to Ukraine ran into some difficulties, but what discussions have discussed, could not continue. have taken place about the UN’s role in the escalating crisis in Crimea? Mark Lazarowicz (Edinburgh North and Leith) (Lab/ Co-op): Is it not important to emphasise time and again The Prime Minister: It is important that the UN is at that to divide Ukraine simplistically into Russian-speakers the centre of this, not least because it makes it even and Ukrainian-speakers is not a representation of the more difficult for the Russians to slide away from their true situation? There are communities, families and responsibilities—they often appeal to the UN and cite individuals who are both Ukrainian and Russian-speaking. the UN charter when making their arguments. Therefore, It is important to recognise the rights of minorities the UN should be part of the contact group that would across Ukraine and to recognise the rights of different include the EU, the United States and European countries regions, but is not that intermingling of culture and such as the UK. In that way, the UN can play a major languages a reason why there needs to be a commitment role in helping to pursue a path of talks and diplomacy, to a united and independent Ukraine? which is the right way to de-escalate the conflict. The Prime Minister: I echo every word that the hon. Henry Smith (Crawley) (Con): Obviously, the EU Gentleman has said. It is important to recognise how Council meeting was dominated by events in Crimea, many Russian speakers in Ukraine have said that they but on a related matter can the Prime Minister update support a strong and independent Ukraine and do not the House on the association agreements with Georgia welcome Russian intervention. As I have said, we should and Moldova? not fall into the trap of believing a lot of the Russian propaganda—a lot of what we have heard has turned The Prime Minister: We want to see these association out to be just that. agreements proceed. As I said in answer to an earlier question, the EU has different instruments for having Richard Drax (South Dorset) (Con): I congratulate friendly relations with neighbours and other nearby my right hon. Friend and the Foreign Secretary on all countries. It is right to pursue those and to offer such they have done. As I see it, the key is the port of agreements, so on all those cases we should see progress. Sebastopol. If Ukraine continues to look to the west, As was the case with Ukraine, we should not sign these how do we square that circle with the Russians, who have agreements without thinking carefully about the steps concerns about its use and access to the Mediterranean? that we expect the countries to take at the same time. The Prime Minister: The point I would make, and Nick Smith (Blaenau Gwent) (Lab): Given that OSCE indeed have made, to President Putin is that a proper, observers have been prevented from crossing into Crimea independent, prosperous Ukraine will want to emphasise by armed men, what steps is the Prime Minister taking its links and relationship with Russia as much as its to persuade President Putin to agree the mandate for links and relationship with the EU. Clearly, there were the OSCE’s monitoring mission? pre-existing agreements in place for the Russians to have their Black sea port in Crimea and there is no The Prime Minister: I spoke to President Putin most reason why those things should not continue. What we recently on Sunday morning. One of the points I made need to get back to, as I have said, is a diplomatic track to him was the importance of ensuring that the OSCE is where Ukraine and Russia can have sensible conversations properly handled and allowed to continue its missions. about the future. This is part of the argument we need to have with the Russians about how to get off the track that they are on Steve McCabe (Birmingham, Selly Oak) (Lab): Further and to get on a diplomatic, political and talks track. to the question of my hon. Friend the Member for West The OSCE, which is an organisation they respect, should Dunbartonshire (Gemma Doyle), does the Prime Minister be part of that. not think it might be more reassuring for the British 43 European Council10 MARCH 2014 European Council 44

[Steve McCabe] energy supplies give it tremendous muscle in eastern Europe and in other parts of Europe too. That has been public if he were completely to rule out any sharing of reiterated many times this afternoon. Specifically, over military and technical information with the Russians the medium term will he encourage the development of for the foreseeable future? the southern corridor gas and oil pipelines from the south Caucasus across Turkey and into southern Europe— The Prime Minister: I think I have given a fairly clear pipelines promoted by BP, which will go a long way to answer, which is that we are reviewing all the military helping to develop diversification of Europe’s energy relations and contacts between Britain and Russia. I landscape? have said that export licences for anything that could be used in Ukraine would obviously be very difficult to The Prime Minister: My hon. Friend makes a very justify and that we should continue with the military important point. Diversifying Europe’s energy supplies co-operation where it is about, for instance, inspections requires looking at what action we can take to link mandated under international treaties. I have also said Europe to some of the supplies in the Caucasus. I that we should take this area of military co-operation remember discussing this issue with President Aliyev and, with our European Union partners, try to agree on when I met him recently, and I know the Foreign a set of principles that would follow as part of either Secretary has had those discussions as well. This is part phase 2 or phase 3, as I set out. of a larger pattern of diversifying Europe’s energy supplies and making us more resilient in this sort of (Gillingham and Rainham) (Con): I situation. very much welcome the statement by the Prime Minister. Russia is a member of the United Nations Security Andrew Gwynne (Denton and Reddish) (Lab): Further Council and it is violating the UN charter by violating to the question asked by my hon. Friend the Member another country’s sovereignty. Russia has also in the for Edmonton (Mr Love), Gazprom has already warned past vetoed United Nations humanitarian action around Ukraine that it may cut off gas exports unless it pays the world. Is it the right time to look at reforming the back the $1.89 billion debt it owes. Surely now is the UN Security Council and its vetoing system? time for the timely transfer of financial support to allow Ukraine to pay off that debt to prevent a repeat of The Prime Minister: My hon. Friend raises a subject 2009, but what contingency plans are in place should that can get diplomats talking for ever and ever, possibly that not happen? without a conclusion. I think that what this demonstrates is the need to consider at the UN Security Council The Prime Minister: Clearly, Ukraine needs to pay its resolutions that may require Russia to show her colours bills, as well as paying its pensioners and funding in this regard. I remember a number of occasions when its Government to ensure—[Interruption.] I know that Russia, and indeed China, have talked about the importance the hon. Member for Bolsover (Mr Skinner) misses the of non-interference in the affairs of another nation old days of the Soviet Union, but perhaps he will stop state, yet what we see here is interference in the affairs of speaking from a sedentary position for five minutes. It another sovereign nation state, Ukraine. is important that Ukraine pays its bills, and an IMF Mr Andrew Love (Edmonton) (Lab/Co-op): Further programme and IMF action can help that to happen. to the Prime Minister’s response to my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson) Huw Irranca-Davies (Ogmore) (Lab): Sometimes it is on the International Monetary Fund, Ukraine is facing the weight of small diplomatic acts, as well as the large, economic collapse, and Gazprom is threatening to cut that make a breakthrough that can help. Back in 2008, off gas supplies. There is an urgency that does not seem the Prime Minister, then the Leader of the Opposition, to be recognised in the IMF timetables. What efforts are made the bold pledge to withdraw his MPs, as well as, I the Prime Minister and the EU making to get it to hope, the people who sit in the other place, from the address the urgent need for financial assistance? European Democrat Group in the Parliamentary Assembly of the Council of Europe, following the invasion of The Prime Minister: The hon. Gentleman makes an Georgia. Is it now right to think about membership of important point and I discussed this specific issue with that group again, following the issues in Ukraine and Chancellor Merkel last night in Hanover. The IMF has Crimea? the ability to move very quickly, should it judge it necessary, to support Ukraine’s economy and national The Prime Minister: It just shows that in politics, even finances. There is a team there at the moment which is if you give a straight answer to a straight question, you looking at the sort of programme that could be put can still get the question again. I thought I said a together, but even before a programme becomes deliverable, minute ago that we have made sure that the Russians if it needs to step in and act faster, it can. are out of the group that we sit in as part of the Council of Europe. We have taken that step, which is the right Christopher Pincher (Tamworth) (Con): My right step. There may be steps for other political parties to hon. Friend is absolutely right to say that Russia’s think about taking now. 45 10 MARCH 2014 Points of Order 46

Points of Order Chair. The Government Chief is present, but at least as importantly the Leader of the House is also 4.41 pm present. As colleagues know and as people who attend our Pete Wishart (Perth and North Perthshire) (SNP): proceedings appreciate, I am the servant of the House. I On a point of order, Mr Speaker— love listening to my colleagues on matters of local, national and global importance. My appetite for listening Mr Speaker: I was about to thank the Prime Minister to them is pretty much unlimited. I would love there to and the 47 Back Benchers who questioned him, in be a full day’s debate and I would love to be in the Chair 47 minutes of exclusively Back-Bench time, which shows to hear the bulk of it, but I am dependent on a superior just what we can do when the questions and answers are power in these matters, namely the Leader of the House. pithy. But things would not be complete without points The hon. Gentleman, however, has made his point, and of order. the Leader of the House cannot fail to have heard his point and my response. As for the response of the Pete Wishart: I am grateful, Mr Speaker. Last Thursday, Leader of the House, it has to be said that it should the Secretary of State for Defence made a statement on probably be best described by Hansard as impassive. the radiation leak at the Government’s Vulcan nuclear reactor test establishment at Dounreay. He said that The Leader of the House of Commons (Mr Andrew “there has been no measurable change in the radiation discharge.”— Lansley) indicated assent. [Official Report, 6 March 2014; Vol. 576, c. 1085.] We have since learned that all the environment agencies Mr Speaker: He nodded. throughout the UK have found a tenfold increase in radioactive emissions. Clearly, both cannot be right. Have you had any indication, Mr Speaker, whether CARE BILL [LORDS] (PROGRAMME) (NO. 2) either the Secretary of State or the Prime Minister will Ordered, come forward to put the record straight? If it is the Prime Minister, may we also have an explanation as to That the Order of 16 December 2013 (Care Bill [Lords] (Programme)) be varied as follows: why Scottish Ministers were not told and perhaps even an apology for that omission? (1) Paragraphs (5) and (6) of the Order shall be omitted. (2) Proceedings on Consideration shall be taken in the order Mr Speaker: The short answer is that I have had no shown in the first column of the following Table. indication from any Minister of an intention to make a (3) The proceedings shall (so far as not previously concluded) statement on this matter. Whether intentions will change be brought to a conclusion at specified in the second on the back of the hon. Gentleman’s observations, I column of the Table. leave time and speculation by colleagues to reveal. We Table will leave it there for today, but the hon. Gentleman has Time for conclusion of put his point on the record. Proceedings proceedings New Clauses and new 7.00pm on the first day Sir Edward Leigh (Gainsborough) (Con): On a point Schedules relating to Part 1, of order, Mr Speaker, I hope you will not mind me amendments to Part 1 sucking up to you for a bit. In my view, you are one of New Clauses and new 9.00pm on the first day the best Speakers that we have had in recent years, Schedules relating to Part 2, because you have tried to make this place more topical. amendments to Part 2 We have had an interesting statement and questions on New Clauses and new 6.00pm on the second day Ukraine, but such issues are complex, and it is hard to Schedules relating to Chapter express difficult economic and historical arguments in a 4 of Part 3, amendments to 30-second question. As we have a House of Commons Chapter 4 of Part 3, new Clauses and new Schedules in which we are not overburdened with work at the relating to Part 4, moment, will you use your good offices with those who amendments to Part 4, new decide things—I do not know how much power you Clauses and new Schedules have—to get a full day’s debate on Ukraine, which after relating to Part 5, all is an extraordinarily important issue that we need to amendments to Part 5, discuss urgently? remaining proceedings on Consideration

Mr Speaker: I am grateful to the hon. Gentleman for (4) Proceedings on Third Reading shall (so far as not previously his point of order and for his characteristic good humour concluded) be brought to a conclusion at 7.00pm on the second in putting it. As he knows, that is not a matter for the day.—(Norman Lamb.) 47 10 MARCH 2014 Care Bill [Lords] 48

Care Bill [Lords] (c) provide that the authorised officer shall be accompanied by a constable; and (d) specify the period for which the order is to be in force. [1 ST ALLOCATED DAY] (6) An adult safeguarding order may attach other conditions, Consideration of Bill, as amended in the Public Bill including— Committee (a) specifying restrictions on the time that the power of access conferred by the order may be exercised; New Clause 1 (b) providing for the authorised officer to be accompanied by another specified person; ADULT SAFEGUARDING ACCESS ORDER (c) requiring notice of the order to be given to the occupier of the premises and to the person suspected ‘(1) An authorised officer may apply to a circuit judge of being an adult at risk of abuse; or authorised by the Court of Protection for an order (an adult safeguarding access order) in relation to a person living in any (d) such other conditions at the authorised circuit judge premises within a local authority’s area if the authorised officer deems it necessary to attach. has reasonable cause to suspect a third party is preventing access (7) A constable accompanying the authorised officer may use to allow enquiries to be made under section 42. reasonable force under section 117 of the Police and Criminal (2) The purposes of an adult safeguarding access order are— Evidence Act 1984 if necessary in the circumstance in order to fulfil the purposes of an adult safeguarding access order set out (a) to enable the authorised officer and any other person in subsection (2). accompanying the officer to speak in private with a person suspected of being an adult at risk of abuse or (8) On entering the premises in accordance with an adult neglect; safeguarding access order the authorised officer must— (b) to enable the authorised officer to assess the mental (a) state the object of the visit; capacity of a person suspected of being an adult at (b) produce evidence of the authorisation to enter the risk of abuse; premises; and (c) to enable the authorised officer to ascertain whether (c) provide an explanation to the occupier of the premises that person is making decisions freely; and of how to complain about — (d) to enable the authorised officer properly to assess (i) the decision to apply for an order; and whether the person is an adult at risk of abuse or (ii) how the order has been exercised. neglect and to make a decision as required by section (9) In this section “an authorised officer” means a person 42(2) on what, if any, action should be taken. authorised by a local authority for the purposes of this section. (3) While an adult safeguarding access order is in force, the (10) Regulations may set restrictions on the persons or authorised officer, a constable and any other specified person categories of persons who may be authorised. accompanying the officer in accordance with the order, may enter the premises specified in the order for the purposes set out in (11) Subsections 2(c) and 4(d) refer to a person under subsection (2). constraint, or subject to coercion or undue diligence, or for some other reason deprived of the capacity to make the relevant (4) The authorised circuit judge may make an adult decision or disabled from making a free choice, or incapacitated safeguarding access order if satisfied that— or disabled from giving or expressing a real and genuine (a) the authorised officer has had regard for the general consent.’. —(.) duty in section 1 (Promoting individual wellbeing) in making a decision under subsection (1); Brought up, and read the First time. (b) all reasonable and practicable steps have been taken to obtain access to a person suspected of being an adult 4.45 pm at risk of abuse or neglect before seeking an order Paul Burstow (Sutton and Cheam) (LD): I beg to under this section; move, That the clause be read a Second time. (c) the authorised officer has reasonable cause to suspect that a person is an adult who is experiencing or at risk of abuse or neglect; Mr Speaker: With this it will be convenient to discuss the following: (d) the authorised officer has reasonable cause to suspect that a person is unable to make decisions freely; New clause 2—Review of the case for establishing a (e) it is necessary for the authorised officer to gain access commissioner for older people in England to the person in order to make the enquiries needed ‘(1) The Secretary of State shall establish an independent to inform the decision required by section 42(2) on review of the case for establishing a statutory office of Commissioner what, if any, action should be taken; for Older People in England. (f) making an order is necessary in order to fulfil the (2) The review will consider the— purposes set out in subsection (2); (a) increasing diversity of the older population in (g) exercising the power of access conferred by the order England; will not result in the person being at greater risk of abuse or neglect; and (b) UN Principles for Older Persons in 1991 (UN 1991) and other relevant developments in international (h) all reasonable and practicable steps have been taken to policy on ageing; serve notice of the intention to apply for an order on— (c) lessons from the establishment of such offices in Wales (i) the person suspected of being an adult at risk of and Northern Ireland; abuse or neglect; and (d) balance of advocacy, investigatory and enforcement (ii) any relevant third party who the authorised officer duties and powers to be granted to the office in has reasonable cause to suspect is preventing statute; access to allow enquiries to be made under section (e) jurisdiction of the office in relation to other public 42 and for the purposes set out in subsection (2); bodies; (5) An adult safeguarding access order must— (f) relationship of the office to Ministers; (a) only be executed once; (g) accountability of the office to Parliament; (b) specify the premises to which it relates; (h) appointment of the office holder; 49 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 50

(i) human and financial resources necessary to support the (5) The Secretary of State shall lay before each House of office; and Parliament a copy of the final report by the end of July 2015. (j) any other matters the Secretary of State sets out in the (6) At no more than five year intervals, the Secretary of State terms of reference of the review. shall make arrangements for the updating of the report of the (3) The review will report and make recommendations to the review mentioned in subsection (1) with the same objective and Prime Minister, Deputy Prime Minister, Chancellor of the approach as mentioned in subsections (2) and (3), and including Exchequer and the Secretary of State by December 2014.’. such matters as are provided for in paragraph (3)(c), and shall prepare and lay before each House of Parliament a report on the New clause 3—Duty to identify carers outcomes. ‘Each NHS body in a local authority’s area, as defined in (7) The Secretary of State shall prepare and lay before each section 6(8), shall co-operate with the local authority to ensure House of Parliament, as appropriate, a statement on the extent that effective procedures exist to identify patients who are or are to which the reports mentioned in subsections (1) and (6) inform about to become carers and make arrangements for carers to the Government‘s wider fiscal and economic strategy and receive appropriate information and advice.’. decisions in each public spending review.’. New clause 4—Local authority duty to make reasonable New clause 9—Reporting on the funding for new costs charges arising from the Care Act ‘Where a local authority that meets an individual’s needs ‘(1) The Joint Care and Support Reform Programme Board under sections 18 to 20 of Part 1 of this Act is satisfied that the must inform the Secretary of State by an annual written report individual’s means are insufficient for it to be reasonably that it is satisfied whether sufficient funding is in place to ensure practicable for the individual to pay the amount which would that social care is adequately funded and that the provisions in otherwise be charged, the authority shall not require the the Act can be implemented satisfactorily. individual to pay more for it than it appears to them that it is reasonably practicable to be paid.’. (2) In subsection (1), the “Joint Care and Support Reform New clause 5—Portability of care Programme Board” means the board of that name consisting of representatives of (but not limited to): the Local Government ‘(1) The Secretary of State must prepare a report containing Association, the Association of Directors of Adult Social an assessment of what primary or secondary legislation would be Services and the Department of Health. required to ensure people in receipt of care and support in the (3) The report mentioned in subsection (1) should include a community in the UK receive continuity of such care and statement of the satisfaction of the Joint Care and Support support if they change their place of residence, with particular Reform Programme Board with (but not limited to)— reference to moves between countries of the United Kingdom. (a) adequacy of the funding of the provisions in this Act, (2) The report under subsection (1) must be laid before each House of Parliament six months after this Bill receives Royal (b) on-going costs of implementation, Assent.’. (c) an additional five yearly review of the short and New clause 7—Independent review of future demand medium term cost of setting the eligibility criteria at for social care and healthcare the level set out in regulations.’. ‘(1) The Secretary of State shall make arrangements for an New clause 11—Provision of certain care and support independent review of, and report on, the likely demand for adult services to be public function social care, public health and healthcare services in England over ‘(1) A person (“P”) who provides regulated social care for an the next twenty years. individual under arrangements made with P by a public (2) The objective of the review mentioned in subsection (1) authority, or paid for by a public authority, is to be taken for the shall be to identify the key factors determining the financial and purposes of subsection (3)(b) of section 6 of the Human Rights other resources required to ensure that social care and health Act 1998 (acts of public authorities) to be exercising a function functions as a cost effective, high quality, equitable, integrated of a public nature in doing so. and sustainable single system which— (2) This section applies to persons providing services regulated (a) promotes individual well-being (as defined in Part 1 of by the Care Quality Commission. this Act), (3) In this section “social care” has the same meaning as in the (b) enables access to be determined on the basis of need, Health and Social Care Act 2008.’. and New clause 13—Deferred payment data (c) can meet forecast demand. ‘The Health and Social Care Information Centre shall make (3) The arrangements for the conduct of review shall include arrangements to collect and publish data including, but not provision for a fully integrated modeling and analysis of health limited to— and social care including examination of— (a) the number of individuals entering into a deferred (a) the technological, demographic and health status trends payment arrangement, over the next two decades that may inform or affect demand for adult social care and health services; (b) the proportion of those individuals who received— (b) the inter-dependencies between adult social care, (i) regulated financial advice, public health and healthcare and the appropriate (ii) other forms of advice, and balance between different types of intervention, in (iii) no advice particular between:— before entering into a deferred payment arrangement, (i) health and social care, (c) the average length of time a deferred payment (ii) primary and secondary care, arrangement is held, (iii) physical and mental health, and (d) the numbers of individuals holding such arrangements (iv) treatment and prevention; and broken down by different periods of time held, and (c) any other matter that the Secretary of State sets out in (e) the amount of money deferred under such arrangement.’. the review‘s terms of reference. New clause 15—National framework for local authority (4) The Secretary of State shall lay before each House of Parliament a copy of an interim report on emerging themes and fees for care providers trends identified by the first such review by the end of November ‘(1) The Secretary of State shall establish an indicative 2014 and make arrangements for a consultation process to be national formula with which local authorities shall determine the undertaken in relation to those interim findings. costs of care provision in their area. 51 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 52

[Mr Speaker] student carers and have a policy in place on providing support for student carers. (2) In having regard to the matters mentioned in section 5(2)(b), (2) This section applies to— a local authority must derive fee levels for independent providers (a) a university; of care and support services from the formula mentioned in (b) any other institution within the higher education subsection (1). sector; and (3) The Secretary of State shall make arrangements for the (c) an institution within the further education sector. audit of local authority fee levels to determine their compliance with the duty mentioned in subsection (2) and the extent (3) A responsible body is— to which this contributes to the effective delivery of the (a) in the case of an institution in subsection (2)(a) or (b), requirements of section 5(2), with particular reference to the governing body; paragraphs (b), (d), (e) and (f). (b) in the case of a college of further education under the (4) The formula in subsection (1) shall be made by regulations management of a board of management, the board laid in pursuance of section 123(4) of this Act.’. of management; and New clause 17—Duty to review economic, financial (c) in the case of any other college of further education, and other factors affecting provision of care services any board of governors of the college or any person responsible for the management of the college, ‘(1) The Secretary of State shall make arrangements for— whether or not formally constituted as a governing (a) a review of the economic and financial factors affecting the body or board of governors.’. employment (including recruitment, training and development, New clause 22—Duty for Financial Services Consumer effective deployment and retention) of care workers and the Panel extent to which current policies, mechanisms and relevant compliance by regulated providers of care services make it more ‘(1) The Financial Services Consumer Panel at the Financial or less likely that the objectives of this Act will be realised; and Conduct Authority shall have a duty to review the availability, quality, adequacy and effectiveness of financial advice being (b) a public consultation on the conclusions and recommendations provided to care users and their families on the implications of of the review. the relevant provisions of this Act, and make an annual report (2) The Secretary of State shall lay a report of the review and thereon to the Secretary of State containing recommendations public consultation before each House of Parliament by 1 September for steps to take to remedy any deficiencies identified by the 2014.’. Panel. New clause 18—Impact of working conditions on quality (2) The Secretary of State shall lay a copy of the report of care mentioned in subsection (1) before each House of Parliament. ‘(1) In exercising their functions under Part 1 local authorities The first such report must be so laid within 12 months of this Act must assess and consider how working conditions for people receiving Royal Assent.’. employed in care and support services impact on the fulfilment New clause 23—Financial advice for care users: of local authority duties under Part 1 of this Act. qualification to provide (2) “Care and support services” means— ‘(1) The Financial Conduct Authority shall prepare and (a) services provided by a local authority; and conduct a review of the implications of the relevant provisions of (b) services commissioned by a local authority. this Act for— (a) training and development; and (3) Regulations may specify particular matters local authorities must have regard to in relation to subsection (1).’. (b) the level of the required qualifications New clause 19—Promoting health of carers for advisers seeking licences to provide financial advice to care users and their families. ‘(1) In exercising their functions health bodies shall— (a) promote and safeguard the health and well-being of (2) The Authority shall submit a report of the findings of the carers; review mentioned in subsection (1) to the Secretary of State, along with recommendations. (b) ensure that effective procedures exist to identify patients who are or are about to become carers; (3) The Secretary of State shall lay a copy of the report mentioned in subsection (2) before each House of Parliament. (c) ensure that appropriate systems exist to ensure that The first such report must be so laid within 12 months of this Act carers receive appropriate information and advice; receiving Royal Assent.’. and New clause 24—Public awareness (d) ensure that systems are in place to ensure that the relevant general medical services are rendered to their ‘(1) Local authorities shall have a duty to prepare, publish, patients who are carers.’. consult on and implement a plan for raising and maintaining awareness amongst the residents of their areas of the arrangements New clause 20—Local authorities: duties with respect for social care, and in particular of any changes to such arrangements to young carers brought about by Part 1 of this Act. ‘(1) A local authority must ensure that it takes all reasonable (2) The Secretary of State shall prepare and lay before each steps to ensure that in relation to— House of Parliament an annual report on the level of public (a) any school within its area and under its control; and awareness and understanding of the arrangements for social (b) any functions it discharges in pursuance of its care, in particular— responsibilities as a children’s services authority, (a) awareness and understanding of the changes brought there is in place a policy that both identifies young about by the provisions of this Act; and carers and makes arrangement for the provision of (b) the effectiveness of local authorities’ implementation support for pupils who are young carers. of their plans for raising public awareness in their (2) In discharging its duty under subsection (1), a local areas.’. authority must have regard to any guidance given from time to New clause 26—Declassification of a police station as time by the Secretary of State.’. a place of safety for the purposes of section 136 of the New clause 21—Further and higher education: duties Mental Health Act 1983 with respect of student carers ‘(1) The definition of a place of safety in section 135(6) of the ‘(1) The responsible body of an institution to which this Mental Health Act 1983 shall no longer be read to include a section applies must identify or make arrangements to identify police station for the purposes of section 136 of that Act. 53 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 54

(2) With regard to persons removed to a place of safety under Government amendment 3. section 136(1) of the Mental Health Act 1983, subsection (1) above shall have effect from— Amendment 32, in clause 27, page 25, line 8, leave out ‘keep under review generally’ and insert ‘review regularly’. (a) 1 April 2015, where such a person is aged 18 years or under; and Amendment 33, page 25, line 42, at end insert— (b) 1 April 2017, where such a person is aged over 18 years. ‘(5A) The Secretary of State shall, after suitable consultation, (3) By 31 March 2015 the Secretary of State shall prepare and establish by regulation appropriate arrangements and timetable lay before each House of Parliament a report setting out the for the regular review of care and support plans and of support progress made by that date towards fulfilling the objective set out plans by local authorities provided for in subsection (a).’. in subsection (1) above.’. Government amendments 4 and 5. New clause 31—Register of persons who provide regulated Amendment 27, in clause 42, page 38, line 24, at end social care insert— ‘(1) Health Education England must make arrangements for ‘(2A) There are different types of abuse, as defined in the compilation, publication and maintenance of a register of guidance.’. persons as set out in section [Provision of certain care and support services to be public functions] who provide regulated Amendment 28, page 38, line 29, at end add— social care for an individual under arrangements paid for by a ‘(4) A relevant partner, as defined in section 6(7) has a duty, public authority that have undertaken education and training in where it has reasonable cause to suspect a person is an adult at accordance with the duty set out in section 95. risk of abuse or neglect, and the adult appears to be within the (2) This duty may be delegated by HEE to Local Education local authority’s area, to inform the local authority of that fact.’. and Training Boards established under section 101.’. Government amendments 6 and 14. New clause 32—Funding and remuneration of home Amendment 22, in clause 76, page 69, line 33, after care workers ‘adults’, insert ‘and children’. ‘(1) The Secretary of State shall establish an independent review of the funding and remuneration of home care workers Amendment 23, page 69, line 37, after ‘adults’, insert with a view to a report making recommendations regarding— ‘and children’. (a) hourly salary, Amendment 24, page 69, line 42, after ‘adults’, insert (b) remuneration of travel time, ‘and children’. (c) remuneration of travel costs, Amendment 25, page 69, line 44, after ‘adults’, insert (d) minimum time required properly to fulfil each of the ‘or child’. care tasks and duties to be performed, Government amendment 7. (e) establishment of an efficient means of recording arrival and departure times at residential settings, and Paul Burstow: I hope that the House will forgive my (f) the charging basis of the agency employing the care having a number of new clauses to explain in the time worker with a view to ensuring that all the costs of available to discuss part 1 of the Bill. I will try to crack providing for (a) to (e) above are adequately met. on as quickly as possible to explain the thinking behind (2) The Secretary of State shall lay a copy of the report of the each of them. I will do so not in numerical order, but in review mentioned in subsection (1) before each House of Parliament.’. order of importance, starting with the new clauses on which I particularly want to hear the Minister’s response. Amendment 26, in clause 1, page 2, line 5, at end insert— First, I wish to discuss new clause 11, which deals with the Human Rights Act 1998 and its application to (j) the right to living independently and being included in the community.’. social care. The Act has enormous potential to improve the lives of those most vulnerable to human rights Amendment 21, in clause 5, page 6, line 2, leave out abuses in social care settings. People who are being from ‘must’ to end of line 4, and insert— provided care in their own homes or in care homes face ‘(a) have regard to the need to ensure that sufficient risks in respect of their privacy, their family life, being services are available for meeting the needs for care and support of adults in its area and the needs for safe and not suffering degrading treatment. Such matters support of carers in its area; and are all very much at the heart of how we ensure that we (b) ensure that the fee levels provided to independent provide dignified care. providers for the delivery of care and support I am sure that the Minister knows, as do other hon. services are derived from a national formula which Members, that a loophole has opened up in our law as a determines the accurate cost of care in each local consequence of a judgment made by the courts some authority area, the result of which will mean that the years ago. It arose in 2007 following the decision by the provisions of paragraphs (2)(b), (d), (e) and (f) can be House of Lords in the YL v. Birmingham city council delivered effectively.’. case. The Law Lords held that a private care home Amendment 20, in clause 12, page 11, line 31, at end providing residential care services under contract to a insert— local authority was not performing a “public function”, ‘(aa) require the local authority, when carrying out the so its residents were excluded from the protections of assessment, to capture an individual’s main and other the Human Rights Act. In practice, that means that disabling conditions.’. domiciliary care users, or their families or carers, can Government amendments 1 and 2. complain to the care company, depending on the terms Amendment 31, in clause 24, page 22, line 39, at end of their contract, but in many cases they will not be able insert— to take their complaint any further. Contractual terms ‘(3A) The Secretary of State shall, after suitable consultation, and conditions are important, but they can often fail to establish by regulation a specified timeframe for the conclusion give the protection that we would want to see, and of the steps required of local authorities by virtue of this residents in care homes have no security of tenure and section.’. are often afraid to complain because of fear of eviction. 55 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 56

[Paul Burstow] In our debates in Committee, my hon. Friend the Minister of State said that when officials were asked to Many people with care needs face additional challenges provide the evidence behind their advice that the new asserting their contractual rights, particularly if they power was unnecessary, there was an opaqueness lack the capacity to do so because of dementia or surrounding the issue. There was not the necessary level learning disabilities. of clarity to understand what powers could be used and The decision that private and third sector care home in what scenario. I must say to the Minister that the providers were not directly bound by the Human Rights scenarios that have been offered up to justify the position Act meant that thousands of service users had no direct that there is no need for legislation do not address the legal remedy to hold their providers to account for circumstance that I and my new clause 1 seek to address. abuse, neglect and undignified treatment, even though I am talking about someone who legally has capacity the public body commissioning those services remains but who is under duress and unable therefore to exercise bound in law by the Human Rights Act. There is need their individual right to seek protection. As a consequence for change in this area. The loophole was partly closed of that, we need this power. by the previous Government, with cross-party support, through section 145 of the Health and Social Care Act Meg Munn (Sheffield, Heeley) (Lab/Co-op): I added 2008, which covers residential care services. However, my name to the right hon. Gentleman’s new clause. under changes that this Bill will introduce, it will need Does he agree that the Bill is putting in place a range of to be reinstated by order, but there is a far better and measures on new safeguarding boards, and that this more elegant way in which that could be done—by power would complement the work that is now being implementing new clause 11. done to raise the whole issue and to ensure that vulnerable New clause 11 seeks to clarify the law so that all people get the protection they need and their circumstances providers of publicly arranged or paid-for care are properly investigated? within the scope of the Human Rights Act. Service Paul Burstow: The hon. Lady is right, and with her users who experience serious human rights abuses will own experience in social work practice, she will know then have direct means of legal redress. However, this is why this matters so much. She is right to say that in the not just about going to law; it is about what goes on in Bill, for the first time, many aspects of adult safeguarding the hearts and minds of those organisations and the are put on a statutory basis, which is welcome. None the attitude they take towards how they provide services, so less, there is still a gap, which the Government with this the Human Rights Act has a part to play in culture Bill should seek to fill. We have had a lot of back and change as well. For example, the Act has been successfully forth between the Minister of State and his officials, invoked in an argument about a local authority’s refusal and I am grateful to him for the patience that he has to place a married couple in the same nursing home. shown. I just hope that the patience translates into The Government have accepted that there is a loophole, something else. However, he has told Members that and we very much welcome that. We raised the matter there is a balance of risks, and his judgment is that the during consultation on and scrutiny of the draft Bill, powers are not needed. I say to him and to officials that and we offered up a suggestion, which their lordships if that is the case, why, in the scenario that I have adopted. In response to the Joint Committee, the Minister described, can he not produce the evidence? told us that organisations that were not covered by the Act should none the less consider themselves bound by I welcome the fact that the Social Care Institute for it. Lord Hope, the recently retired Deputy President of Excellence has been commissioned to do work on this the Supreme Court had this to say about that: issue, but if there is a gap in the law, that will not fix it. It has been suggested that the problem is that practitioners “Comments of the kind that were made, that people should consider themselves bound by a convention right, however well are ignorant of the law. Again, I have to ask where the intentioned, do not have the force of the law”.—[Official Report, evidence is for that. Thanks to Action on Elder Abuse, House of Lords, 16 October 2013; Vol. 748, c. 549.] which instituted a freedom of information request, we That is why we need to give it the force of law, which is know that the evidence does not support that line either. what new clause 11 attempts to do. It puts back the law So far, 84 out of 152 local authorities have responded. to where Members of all parties expect it to be, and Twenty-nine councils have reported at least one instance ensures that a poor judgment by the court is corrected. in the past 12 months in which they have been unable to gain entry because a third party had denied them access. New clause 1 deals with the issue of power of access. In 21 of those cases, they never gained access. Therefore, Last week, I handed in a letter to the Prime Minister, all the arts of negotiation and relationship building that setting out the case for the measure. It was signed by are essential to good social work practice did not gain 602 organisations and individuals, including Age UK, those people access, and who knows what happened to Mencap, the National Autistic Society and many others those individuals. Let us hope that they do not find with expertise in the area of adult safeguarding. They their way on to the front page as a tragic story. all share a common concern that there is a gap in the law when it comes to protecting vulnerable people who Not a single one of the 84 authorities that responded have the ability to make decisions for themselves but to that request have suggested that a failure to gain who are living in a home with someone else who is access was the result of a lack of knowledge. It is really abusing them or neglecting them and who is denying about a lack not of knowledge but of that backstop them, because of their ability to exert their authority power, which the new clause provides. In a survey of over that person, the ability to get the protection that front-line practitioners, 365 of whom have responded, they need. The Law Commission took that view in its 82% believe that the power is necessary. review of mental capacity legislation, and the Equality New clause 1 provides a proportionate power for a and Human Rights Commission also took that view in circuit judge, approved by the Court of Protection, to its analysis of the legislation. determine whether an entry warrant should be granted 57 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 58 where a person is believed to be under duress and a As a result, it lets carers down institutionally, and that is victim of abuse. Let me be clear that the measure should what the new clause says we need to address. We need to be rarely used, but it is required for those circumstances change the NHS’s mindset institutionally to make sure in which a person is in the situation that I have described. that it recognises its responsibility for millions of people I agree with the Minister about good social work, but with caring responsibilities and asks the necessary questions. just talking about good social work is not an adequate Macmillan Cancer Support has found that 78% of answer. health care professionals have come across a cancer patient who has been admitted because their carer Mr John Redwood (Wokingham) (Con): Who drafted could not cope at home. Here is why the NHS must fully new clause 1 and which main outside organisations engage with carers: only one in three professionals who support it? sees an accompanied patient always goes on to check Paul Burstow: Organisations that have supported the whether the person with them is their carer. new clause, which I have drafted, include people with a Sarah Newton (Truro and Falmouth) (Con): I, too, legal background, social workers, Age UK and Mencap— have supported my right hon. Friend’s new clause, those who often provide a voice for the voiceless. One of because this is an essential point. This Government my concerns is that the people whom the Bill seeks to should be proud of the support that they have introduced benefit are very likely to be those who are under duress for the legion of unpaid carers who do such a fantastic and therefore unlikely or unable to express an opinion. job, but if their doctors, district nurses and health care That is why the new clause has been crafted to try to professionals do not let them know about these rights, ensure that the necessary safeguards are built in. they are not really worth having. New clause 3 addresses the issue of carers, particularly the identification of carers. Carers are the backbone of Paul Burstow: That is absolutely right. This is not, as our care and support systems. Without them, those it can sometimes be portrayed, a case of “Let’s just have systems could not function in delivering the quality of a tick-box”; it is about signalling a set of changes that care that we would expect. Those carers make huge need to happen in the culture of the organisation, so sacrifices to care for their loved ones. Their health, their that when a patient visiting their GP or a consultant is wealth and their lives are often sacrificed as a result of accompanied by a member of their family or someone what they do. We know from the census that a carer is else who is supporting them, that instinctively forms twice as likely to be in bad health as a non-carer. part of the conversation about signposting and information The Government should be applauded for the fact about carers. that in this Bill and in the Children and Families Bill At the moment, just 7% of practitioners always signpost they have taken great strides to improve the rights of for a carers assessment. That is why we need to make adult carers, parent carers, and young carers. They have sure, through this new clause, that we place a simple listened, engaged and responded to the concerns that duty on the NHS so that it plays its part in identifying Members in all parts of this House and in the other carers. One of the most shocking statistics is that 64% place, and many carers’ organisations, have raised with of health professionals think that that is necessary. them. However, all this hinges on whether carers are They think that it will help them in their day-to-day aware of these new rights and whether their council is practice and in ensuring that the issue is put up the successful in its new duty of identifying them, as required agenda. under the Bill. The problem is that the NHS is still left untouched. Millions of people caring for someone with 5pm a health problem may never come into contact with In Committee, the Minister talked about the work their council or be aware that that would be the next that NHS England is doing and its commitment to step in coping with their situation. carers and the action plan that is being developed Barbara Keeley (Worsley and Eccles South) (Lab): I through consultation with carers and carers organisations. welcome the right hon. Gentleman’s conversion to the That is incredibly welcome and a good step in the right identification of carers by NHS bodies, because when direction, but what are needed are effective procedures he was in the role of Minister he did not support that. I and systems to identify carers right across the NHS. hope that he can convert the current Minister. Is it not The Government must make that a priority and the Bill the case that, as Macmillan Cancer Support has said, provides an opportunity to do so; otherwise, only those 95% of carers for people with cancer, who may care for places that get it will continue to do it, while those only a short time but for people with terminal illness, do places that do not will not, and we will not see the not have any contact with local government and do not progress we need. have a carers’ assessment, and is not that the key? Are The Minister also said in Committee that he would we just going to let those people struggling in those give consideration to statutory guidance. If there is to difficult circumstances carry on doing so? be such guidance, it has to have very clear requirements on the NHS. As I have said, it should be not a tick-box Paul Burstow: The hon. Lady is not a convert. She exercise, but a kick-start for the culture change to make has been consistent and clear in her pursuit of this sure that carers are properly valued and respected and provision, both with her own Government and with this given access to the support intended by the Bill. Government, and I hope that eventually her persistence New clause 4 is about charging. The change proposed will pay off. It has persuaded me, along with many is small, but its potential impact is huge. The Bill carers’ organisations, of the need for such a change. provides for regulations to be used to govern the way in Institutionally, the NHS is not good at grasping the which charges are set for local authorities with regard to different responsibilities it has towards carers compared providing or arranging care and support. In Committee, with those who are its immediate concern—the patients. I raised a concern that I first raised in the Joint Committee’s 59 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 60 scrutiny of the draft Bill—that the removal of section 17(3) unintended consequences of some of the measures. of the Health and Social Services and Social Security When I met UKHCA members in February, they were Adjudications Act 1983, which requires that charges very clear that below-cost pricing by local authorities should not be more than is “reasonably practicable”, is was a growing problem. According to Laing and Buisson, an important issue of principle and of protection and English councils are paying £480 on average for residential safeguarding in the system. The Minister undertook to care, although the assessment of a fair market price was give the issue careful consideration and in a letter to about £651. The issue concerns the use and abuse of members of the Committee on 12 February he offered monopsony power in a financially challenged market. It some reassurance. He wrote that, under the Bill, a local also relates to new clauses 7 and 9, which I will come on authority would have to consider what a person to in a moment. “would be likely to be able to pay towards the cost”. Regulations would then go on to prescribe the formula Mike Thornton (Eastleigh) (LD): My right hon. Friend for calculating the minimum amount of income with mentions Laing and Buisson. I believe that it has come which a person should be left. up with a formula that should enable people to work My hon. Friend also pointed to the duty on both the out a fair funding system in advance. Is that something local authority and the Secretary of State to have we could look at? regard to the duty for well-being, which is the first guiding principle of the Bill. Will he confirm, therefore, Paul Burstow: My hon. Friend is absolutely right. that, in coming to a view about the reasonableness or That is the basis of the average fair rate, which I otherwise of a charge, a court would examine it against mentioned. New clause 15 would provide a mechanism whether someone was for establishing a formula by which fee rates are set “likely to be able to pay” transparently for both domiciliary and residential care. and the duty under clause 1? It would be very helpful The organisations representing the sector believe that for future interpretation if he clarified that. that would lead to much greater transparency, and I think that it would deal with some of the rather toxic New clause 13 deals with another issue that was relationships that sometimes appear to exist, both nationally raised in Committee, but it takes a slightly different and locally. tack. Many, particularly the Local Government Association, have suggested that we should have a national scheme New clause 2 is about older people, particularly the to operate deferred payments. However, they have also proposition that we should take a leaf out of the book said—many think this is necessary—that at this stage, of our colleagues in Wales and Northern Ireland in given that deferred payments can be equated with other relation to having a commissioner for older people. financial instruments that are regulated in a more strict Ageism and ageist attitudes are endemic in our society way than that intended for deferred payments, the and, indeed, in public services. Our society is ageing, Government should at the very least provide assurances with life spans increasing, and that profound change that they will carefully monitor what will happen with will affect us all. It has implications for how the NHS the increased numbers of direct payments, not least and care services behave, but it goes far wider. because of the concern that we may wind up with My new clause simply calls on the Government to people being mis-sold the products with less redress work on the mechanics of establishing such a post than they might have with regard to other financial so that there is someone to listen to and give a voice products. to older people; to champion their vital contribution to New clause 15 relates to fair fees and to new clause 9, our economy—in work, as care givers and as volunteers, which I will come on to in a moment. It was striking mentors and community leaders—rather than their being that in Committee we returned on a number of occasions seen as burdens, which is how older people are all too to issues relating to procurement decisions by local often portrayed; to challenge the complacent and lazy authorities. I proposed a mechanism for adjudicating stereotypes; and to hold public services to account. disputes between councils and providers about the fees Such a role already exists in Northern Ireland, Wales on offer to the providers. However, it is not adjudication and other parts of the world. It would involve asking that we really need, because that is the wrong end of the such questions as: why do the 360,000 cases of abuse pipe—it is what happens when things have broken down, suffered by older people every year lead to so few relationships have not worked and fees have been set at prosecutions, why are older people excluded from clinical an unsustainable level. What is needed is transparency trials and other research, and why do we stop reporting and certainty in the way the fees are set. people’s cancer survival rates once they pass the age of The Bill provides for people paying for their own care 75? I hope that the Minister is open to the idea, and I to ask the council to arrange their care in return for a look forward to his response. fee. The concern is that, without transparency on the New clause 26 deals with the issue of mental health, rate setting, councils will drive the price for care to which came up very briefly in Committee. I know that unsustainable levels. Indeed, that is already happening the Minister is a passionate champion of mental health in some care markets around the country. Only providers concerns. The new clause simply says that if a person that sacrifice quality, reduce staffing and generally cut has an accident—for example, breaks their arm—suffers corners would still be able to stay in the market. For a stroke or has a heart attack, the last place they would those who rely on such services, the consequences would expect it to be sorted out is a cell in a police station, but be higher staff turnover, limited choice and poorer that that is exactly where people who have a mental quality. health crisis find themselves. The statistics are stunning: In that regard, both Care England, which represents 36% of all people who are taken to a place of safety find residential care providers, and the United Kingdom themselves in a police station and stay there for more Homecare Association have grave concerns about the than 10 hours. Not only have adults been subject to that 61 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 62 process, but 263 children, on the most recent figures. expect. Some of that—although I do not pretend that My new clause simply seeks to place a sunset provision this covers anywhere near all of it—can be explained by on the definition of a place of safety, including a police the changes to the way in which services are organised. station, which should create a way of concentrating Some of it can be explained by the need to do more to minds to ensure that services are provided in the right re-able people and to enable them to maintain their place at the right time for children and adults. independence. I do not say that to evade the question. I come to new clauses 7 and 9 last because they are That is why I have put new clauses 7 and 9 before the about addressing what we might regard as the elephant House. I genuinely think that whoever is in government in the room in any conversation about care services and in future will have to have a much more systematic the Bill’s noble intentions of improving the quality of approach to making decisions about how we meet demand. care and of driving well-being into the heart of how That brings me on to new clause 7, which simply says care and support are delivered. The new clauses raise that the Government should take a longer-term view. It interconnected questions about the future funding of states that every five years, the Government should look care and support, and about the independent nature of 20 years forward and take an independent assessment our health and care systems. Social care has for far too of the future demand for care and health services. That long—for decades—been the poor relation to health in could be done by the Office for Budget Responsibility. decisions about public expenditure. Today’s funding It could provide modelling for the whole health and challenges are chronic and are not simply the result of social care system that looks at the impact on demand, deficit reduction. technology, demography and health status, and at the New clause 9 reflects the concern of a remarkable balance between all those factors. It could also look at coalition of interests outside this place, including the the interactions between health and care, primary and Local Government Association, the Care and Support secondary care, physical and mental health, and treatment Alliance, hundreds of non-governmental organisations, and prevention. That would finally implement a directors of social services and chief executives, and recommendation that was made by Derek Wanless in many more besides. They all want to serve notice on the his review for the Government in 2000. That is supported Government that they are concerned about the serious by the King’s Fund, which has suggested much the impact that the continuing pressure on local government same thing. spending will have on the ability of councils to deliver In Committee, neither the Government nor the the care and support that everybody in this House Opposition were able to make any funding commitments wants to be delivered under the Bill. The picture is about part 1 of the Bill. I entirely understand why that complex. Different councils are coping differently—some is the case. However, we know that as the eligibility are overspending their care budgets and some are criteria are drawn more tightly, more people are excluded underspending them—but the trend is clear, despite the from help. In the long run, that does not save money, extra £7.2 billion that was allocated in the 2010 spending but shunts the costs. It pushes people away from living review and the transfer of money as part of the better an independent life and towards a life of dependency. I care fund in the most recent spending review. hope that all parties will, in the end, sign up to something New clause 9 simply provides for an assessment to be like new clause 7 as a good part of the future sound made and signed off by the programme board that governance of our health and social care system. I hope oversees the implementation of the Bill. It is not an that the Minister will support that. unreasonable request that we check that the sums add I apologise to the House for speaking at such length, up and that the money is sufficient to deliver what the but I have put forward a number of issues that I hope Bill is about. I hope that the Minister will reassure us will provide a framework for debating this important about how transparent that process will be. Impact set of reforms. I look forward to the Minister’s response. assessments are one thing; this process would be another. I think that it would provide considerable reassurance (Leicester West) (Lab): We are discussing to those who will have the job of implementing the a huge number of new clauses and amendments, and legislation. I will try to keep my comments brief to allow Back Benchers on both sides time to speak. I want to start Grahame M. Morris (Easington) (Lab): I apologise with our new clauses 17 and 18, which deal with the for breaking the right hon. Gentleman’s flow. I agree critical issue of linking the quality of care with standards with virtually everything that he has said. On the need in the care work force. New clause 17 would require the to ensure that the Bill does everything that it says on the Secretary of State to review the economic and financial tin, may I draw attention to the fact that when I met my factors affecting the employment of care sector workers, constituent, Jason Roche, who is very active in the including their recruitment, training, employment and Royal National Institute of Blind People, he pointed retention, and the extent to which the policies of care out that 43% of blind and partially sighted people in providers were making it more or less likely that the England have lost access to adult social care services aims of the Bill were being achieved. since 2005. Does the right hon. Gentleman agree that the Bill must address the needs of working-age adults 5.15 pm who suffer from disabilities? New clause 18 would ensure that local authorities assessed and considered how the working conditions of Paul Burstow: I am grateful to the hon. Gentleman people employed in care and support were affecting the for that intervention. He makes an important point. If ability of councils to fulfil their duties under part 1 of one looks at the trends, one sees that there is no doubt the Bill. This would apply to staff who were directly that there are questions to be asked about why some employed by the councils as well as those working for people are not receiving the service that one would private and voluntary organisations that councils had 63 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 64 contracted out to. The two new clauses state that if we We also know that many care workers do not even get want to improve the quality of care, we need to take a the minimum wage at the end of the week, because they serious look at what is happening in the care work force, are not paid for their travel time, among other things. and to assess how people’s pay, terms and conditions Her Majesty’s Revenue and Customs recently undertook and training are impacting on the better provision of an evaluation of minimum wage enforcement in the care and support that we all want to see. social care sector. It found that a staggering half of all We know that an increasing number of frail, elderly care providers had failed to pay the minimum wage to at people are getting home visits that last barely 15 minutes. least one of their employees, yet despite Ministers’ That does not give the carer enough time to make a cup insistence that such people will be named and shamed, of tea, never mind get a frail, elderly person up, washed, not a single provider in the care sector has so far been dressed and fed, particularly if that person has dementia. identified. Anyone who knows someone with dementia will know We need to look at all those employment issues, that mornings are a particularly difficult time for people which I think have a fundamental impact on the quality with that condition. Care staff are being forced to rush of care. If the Bill is to promote well-being, shift services from one person to another because of the way the care towards prevention and improve standards, we must get is commissioned and because of the squeeze on council to grips with those issues; otherwise, it will not work. budgets. According to the United Kingdom Homecare New clause 17 would require the Secretary of State to Association, one in 10 visits is now only 15 minutes conduct an overall review of the economic and financial long, and Leonard has found that the proportion factors affecting employment, publish the results and of visits lasting that long has risen by 17% over the past consult on the findings. five years. Care workers often do not get the proper training Mr Redwood: I quite agree that we need a high quality that they need. Camilla Cavendish’s review found that work force who are well trained and supported, but if for many staff no minimum educational training the review concludes that they are not, is the hon. Lady requirements had to be met before they started working saying that controls should be imposed on local authorities in social care. She heard from some home care workers from the national level? whose induction had consisted simply of their being given a DVD to watch before they were sent out to Liz Kendall: If the right hon. Gentleman reads our work. new clause 18, he will see what our approach is. Local It is estimated that about 300,000 care workers are on councils commissioning social care and having to fulfil zero-hours contracts. Some people might genuinely want their obligations under the Bill will need to look at to be employed on that basis, but thousands do not, employment terms and conditions. We have tabled the because it makes it virtually impossible for them to new clause because unfortunately the Government are budget for themselves and their families, to secure a removing the Care Quality Commission’s role in assessing home—some cannot even afford to rent a home, never how well councils are commissioning services, which I mind get on the housing ladder—or to plan their lives. think is a mistake. Those arrangements are also not good for the people using the care services: they need to know who is Alison McGovern (Wirral South) (Lab): Given the coming to look after them. Imagine having someone point my hon. Friend has just made, does she agree that different coming in each morning to get you out of bed, it is all the more important that councils up and down take you to the toilet and wash you. You would want to the country follow the lead that Labour Wirral has know who was coming in; you would want continuity of shown in sticking to the principles of Unison’s ethical care. care charter, which tries to rid us of 15-minute appointments and limit zero-hours contracts? Jonathan Edwards (Carmarthen East and Dinefwr) (PC): The Social Services and Well-being (Wales) Bill is Liz Kendall: I know about the approach that has been going through the Welsh Parliament. My party tabled taken in Wirral and think that it is an excellent example. an amendment to the Bill that would have prohibited If we kept the CQC’s role in assessing how well councils the use of zero-hours contracts in the care sector in are commissioning services, that is just the sort of thing Wales, but the Labour Government there voted against that it would be able to spread. It is a real problem that it. How disappointed is the hon. Lady with her colleagues that role is being removed. We will come later to our in Wales? amendments that seek to return it to the CQC. I will now turn to a group of new clauses on how Liz Kendall: I am sure that my colleagues in the Welsh better to identify and support carers. They stand in the Assembly want to do everything they can to improve name of Opposition Front Benchers, but really they are care and support. Today we are discussing the care the work of my hon. Friend the Member for Worsley sector in England, and I hope that the hon. Gentleman and Eccles South (Barbara Keeley), who has made will give his support to what we are proposing. sterling efforts in this regard. We have tabled them to give carers the focus and attention they deserve. They David T. C. Davies (Monmouth) (Con): Will the hon. pick up on some of the points that the right hon. Lady give way? Member for Sutton and Cheam (Paul Burstow) made. New clause 19 would ensure that all health bodies have Liz Kendall: I am really sorry, but I want to make a effective procedures in place to identify people who are bit more progress. I have a lot of new clauses to get or are about to become carers and ensure that they get through, and Back Benchers have also tabled new clauses the help and advice they need. New clause 20 would and amendments. require local authorities to take all reasonable steps to 65 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 66 ensure that schools in their area identify young carers talked to the Financial Conduct Authority about whether and put support in place. New clause 21 would require the training of financial advisers should change as a universities and colleges to do the same. result of the Bill? Is he confident that all financial As the right hon. Member for Sutton and Cheam advisers can give people advice about the products they said, family carers—unpaid family members looking might want to take out to protect themselves against after the people they love—are the absolute backbone future costs, on the basis of the Bill? of our care system. They need and deserve more support. I am concerned that unless people get high quality, They are looking after their relatives because they want proper financial advice, we could be in for another to, but they really need help. One in five family carers mis-selling scandal because the issue is complicated. provide more than 50 hours of care every single week, People will have to figure out how much their average and their own health suffers as a result. One in three local authority rate will be for their area in five, six or have to give up work or reduce their hours, which means seven years’ time, and how different that will be from their income suffers and the cost to the taxpayer goes what private providers charge. Will people’s care needs up. enable them to start counting towards the cap on care The Bill puts in place welcome new rights for carers, costs if they are not defined as “substantial”, as under building on the approach taken by the previous Labour current eligibility criteria? I would struggle to figure out Government, but they will be meaningless if carers are all those finances, and we must ensure that financial not identified in the first place. Many carers do not advisers are properly trained. actually come into contact with local authorities. Macmillan New clause 22 states: Cancer Support has made a powerful case, showing that “The Financial Services Consumer Panel at the Financial 95% of the over 900,000 carers of people with cancer in Conduct Authority” England have not received a carer’s assessment—only should publish an annual report on the one in three of them have even heard of it. That is because they are mostly in touch with the health system. “availability, quality…and effectiveness of financial advice” Unfortunately, hospitals and GPs still do far too little available to care users and their families. New clause 23 to identify carers of people who have cancer and other states that the FCA should consider raising the level of conditions, such as stroke and heart disease. I understand qualifications that financial advisers must have. We that GPs identify only around 7% of carers, and other must ensure that people get high quality financial advice health professionals, particularly in hospitals, identify so that they are not mis-sold any products. only one in 10. We need clear duties on those bodies and We also want much greater efforts to raise public proper processes in place, because too often at the awareness of the new capped cost model introduced by moment there is just a tick-box approach. I recently had the Bill. Under the Bill, local authorities have a duty to to move GP practice, and the form I filled out contained raise awareness, but new clause 24 would make that two pages on how much alcohol I drank, which was much stronger and require them welcome, and a little box that asked, “Are you a carer?” “to prepare, publish, consult on and implement” I knew what that meant—but did it mean a paid care worker, or a health care worker? That is not good a proper plan for raising awareness among their local enough and needs to be thought through. residents. That is important so that people know about the new system and what it means for them. I also stress the need to do far more to identify young carers, who we know can see their lives and life chances I support new clause 11, which would ensure that all suffer because of what they do to help look after sick or users of publicly funded or arranged care have direct disabled parents. Many schools might not understand if protection under the Human Rights Act 1998. Under kids are not doing their homework or not turning up on the law as it stands, the fundamental protection and time because of their responsibilities. If young carers access to individual redress offered by the Act are not are lucky enough to get to university or college, they applied equally in all care settings. In the other place, may find their studies hard because they are travelling Lord Low tabled the former clause 48, which sought to to and from home to try to help support their loved close that loophole. There was a long discussion on it in ones. We believe there should be clear duties on those Committee—the clause was passed in the House of bodies to identify young carers. Lords but the Government voted to remove it in Committee. The Minister’s argument was that it went too far, because New clauses 22, 23 and 24 are about getting people it would mean that the Human Rights Act applied to the right financial advice—an issue we discussed a lot in entirely privately funded and arranged care. He also Committee. The Bill introduces a new and complicated claimed that the clause was not needed because the system of social care funding with the so-called cap on CQC could deal with the problems. care costs and new deferred payment schemes. It is complicated and I have lost track of the number of times people have said to me, “Well, it’s okay because at 5.30 pm least my care costs will be capped at £72,000 now”, and Since that Committee, the Joint Committee on Human I have to go through the process of explaining to them Rights has published its analysis of the measure. It that that is not actually the case. People are unaware of states: the new system, and if they are looking at financial “The Bill provides an opportunity to fill the gaps in human products to help them cope with later costs, they need rights protection for all those receiving publicly arranged care…and decent financial advice. we recommend that the opportunity to legislate to this effect not Currently, financial advisers must have studied a be missed”. range of different financial and regulatory subjects, and The Joint Committee proposed new clause 11, to which they must sign up to a statement of professional standing the right hon. Member for Sutton and Cheam and I and a code of ethics and conduct. Has the Minister have put our names. It differs from the former clause 48 67 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 68 by making it clear that its scope is confined to regulated and does not make sense for taxpayers. If older people care services that are either publicly arranged or publicly do not get the grab rail that helps to prevent them from funded. falling, or decent care and support at home that helps The Joint Committee on Human Rights says that the them get up, washed, dressed and fed, and they end up law must be clarified. Organisations including Age UK, having to go into hospital or more expensive residential Mind, the Alzheimer’s Society, Mencap, the Law Society care, it is not good for them and it costs us all more. and the Equality and Human Rights Commission agree. For working-age disabled people— New clause 11 deals with the concerns that Ministers and others have raised. It is an important point. Why Mr David Ward (Bradford East) (LD): Will the hon. should people who have their care arranged by the local Lady give way? authority but pay for it themselves not have the same rights? Someone who has entirely publicly funded and Liz Kendall: Perhaps the hon. Gentleman will let me arranged care can get redress under the Human Rights finish this point. Act. We need to fill that gap. For working-age disabled people, the level at which I support new clause 9, which is an important one. It the eligibility criteria are set is crucial and could mean would require the Department of Health’s joint care the difference between being able not just to get access and support reform programme board to produce an to training and a job but to spend time with their family assessment of the adequacy of funding for the provisions or go out into their community—things that we take for of the Bill and the ongoing costs of implementation. It granted. As hon. Members know, Scope and other would also require the programme board to conduct a organisations have warned that the Bill could risk shutting five-yearly review of the short and medium-term costs more than 100,000 disabled people out of the system, of setting the eligibility criteria at the level set out in the with all the human and economic costs that that entails. regulations, which, according to the Government, will The Minister will know that in Committee many hon. be substantial. Members cited the economic modelling that has been Local councils will be required to take on substantial done by organisations such as Deloitte, which shows new work as a result of the Bill. That includes assessing that shifting the focus of investment and resources up thousands of additional users and carers, who currently front can save more money further down the line. The do not get an assessment because they fund their own Deloitte modelling predicts that for every £1 invested in care; setting up new care accounts to keep track of how care for disabled people with moderate needs, savings of much money people have spent, in order to figure out £1.30 per person are created. It predicts £700 million when they reach the so-called cap on care costs; establishing of savings for central Government from helping disabled and running the deferred payment schemes; running people and their family carers to get work, and £570 million information campaigns about the new system; and training of savings to local NHS and local council services by staff in the new capped-cost model of funding. avoiding the use of more expensive residential and crisis care and by reducing the need for more expensive The Local Government Association and the Association medical care. of Directors of Adult Social Services have strongly Such a long-term approach, whereby we assess the argued that there needs to be a thorough assessment—it true costs and benefits over a longer term, is a good is only an assessment—of the costs of delivering the framework for making decisions about where priorities new roles, so that the Bill can be properly implemented. lie— Why is that so important? Many councils thought they would get additional resources to support the Bill’s Mr Ward: Will the hon. Lady give way? provisions. In the spending review, the Government said that the money would be new funds for the Bill. However, Madam Deputy Speaker (Mrs Eleanor Laing): Order. when the details of the local government funding formula Before the shadow Minister considers taking further were revealed in July, it transpired that the money was interventions, she may not have realised that although not new money for the Bill—the Government were the House appreciates that she is making some important simply top-slicing existing council budgets. That means points on a complex matter, she has spoken for some that councils will have to take money from existing care 24 minutes. She will not be aware, but I am, that a very users, many of whom are desperately struggling with large number of colleagues wish to speak in this debate low levels of, and poor quality, care and support, to set and there is a limited time, so she might consider up the extremely complicated new system of care accounts, bringing her remarks to a close. the capped-cost model and deferred payments. We need openness and transparency about what the measure will Liz Kendall: Thank you, Madam Deputy Speaker. I cost and where the money will come from if we are to have two more paragraphs. I agreed that I would speak assess whether the priorities are correct. for 25 minutes, so at 24 minutes I am almost in. The five-yearly review of the short and medium-term New clause 9 would help secure that shift in approach. costs of the eligibility criteria for social care is extremely I ask hon. Members to consider the new clause seriously important. Hon. Members will know that many because we need to introduce the up-front prevention, organisations that work with older and disabled people help and support, which requires a change in the way and their family carers welcome the framework set out we look at the costs and benefits in the system. in the Bill to promote well-being, to prevent the need for care and support, and to integrate local care and health Several hon. Members rose— services, but those organisations are very concerned that these objectives will not be achieved if the eligibility Madam Deputy Speaker: Order. Before I call anyone criteria are set too high, which will mean that people from the Back Benches, let me say that the shadow lose out on care and support. This is not good for them Minister has been most courteous in bringing her remarks 69 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 70 to a conclusion when I indicated that that might be a are commendable and high ideals, but if we do not have good idea. It would also be a good idea, if Members the funding in the system to be able to deliver them, wish to be courteous to their colleagues, if they would the Bill will not achieve the potential that we all know limit their remarks to some five minutes. That way is there. everyone will get to speak. If anybody speaks for more I spoke on Second Reading about transformation, than 10 minutes, I will remind them of the fact. and I look forward to welcoming the Minister to Salford on Wednesday to show him how we are transforming Sir Tony Baldry (Banbury) (Con): I am not quite sure the system for dementia care in the city by bringing who to be bad-tempered with. As the House knows, I together £97 million of our total health and social care am not characteristically bad-tempered, but I think my budgets to try to squeeze every bit of impact out of bad temper should probably be directed at the usual every last penny to give better care for people with channels, given that the timetable motion went through dementia. I hope he will be impressed, but more than on the nod. We have to deal with 21 new clauses and that I hope he will help us to do this with his better care 20 amendments on an important Bill in two hours, fund. That fund should be used for the transformation which by my calculation allows three minutes per clause of our services at a time of austerity when we need more or amendment. The hon. Member for Leicester West money in the system. (Liz Kendall) spoke perfectly reasonably, given the number The second part of the new clause is about having a of amendments that have been tabled, but it is impossible five-yearly review of eligibility criteria, which is essential—to to do justice to all this in two hours. The usual channels be frank, I would like to see that happen more often should bear in mind that some of us feel rather bad- than every five years. Eligibility criteria are now set at tempered about the time provision. These things, as we “substantial” instead of “moderate”, which means that all know, are agreed between the usual channels; it is in Salford 1,000 fewer families are being helped, and the not one side or the other that is responsible. heartache and misery that that causes are enormous. It I wish to speak briefly about new clause 3. The Bill also goes against the second fundamental principle of does fantastic things for carers, and I think it would be the Bill. If we do not have eligibility criteria at the right a real tragedy if, once the Bill completes its passage, level, how can we transform the system to be preventive? carers or their advocates felt that it was a missed If we only pick up people when they are in crisis, they opportunity. I shall not repeat what my right hon. Friend are escalated into the acute sector, which costs a fortune. the Member for Sutton and Cheam (Paul Burstow) If we invest in lower level community-based interventions said. The Minister will doubtless say that clause 6 and by social enterprises and voluntary groups, we can save the duty to co-operate deal with this point. Clearly, the money in the acute sector. duty to co-operate is very important for local authorities and the NHS. In the past, GPs may not have sought to Meg Munn: Does my right hon. Friend agree that identify carers as well as they could because they did even when people’s needs are substantial, they are often not think there was much they could do for them. Now not getting the support they need because the local they will be able to ensure that there is a carer’s assessment. authorities are not recognising that low level services, If the Minister intends to resist new clause 3, could he such as shopping and cleaning, help to support the care seek to ensure that we have statutory guidance for the that is being provided by families? The Government NHS on the services that it should provide for carers? need to have clear guidance on this. I fully understand that for those aged over 75 the aim will be to have named clinicians, and those clinicians Hazel Blears: My hon. Friend, as ever, makes an should, as part of their duty, ensure that carers are extremely worthwhile and practical point. Simply having identified, but of course many carers, including young the words in statute does not always portray the real carers, are under the age of 75. It would be a real pity if position on the ground. A small intervention can often the Bill missed this opportunity on carers. If we could help to stop things becoming a crisis. have some statutory guidance on what the Minister, the Department and all of us expect the NHS to do to 5.45 pm identify carers, we can then have a quick rendition of In Salford we are having to make cuts of £600,000 from the “Hallelujah Chorus” and I will not be so grumpy. transport for disabled people. For many, this could lead to family breakdown. We are in consultation to see Hazel Blears (Salford and Eccles) (Lab): I shall do my whether we can alleviate the worst of the impact, but best not to be grumpy and to be as quick as the right some of the most disabled people one can imagine, who hon. Member for Banbury (Sir Tony Baldry). I wish to have complex needs, face the possibility of not having speak in support of new clauses 9 and 19. New clause 9 transport. has support across the breadth of organisations from I support new clause 19(1)(d), which would the Association of Directors of Adult Social Services to “ensure that systems are in place to ensure that the relevant the Care and Support Alliance. It makes fundamental general medical services are rendered to their patients who are good sense, when setting up a new system, to have the carers.’.” ability to have an annual report about whether there is I commend my hon. Friend the Member for Worsley sufficient money in the system. Whichever Government and Eccles South (Barbara Keeley) for her commitment are in charge, we need to know that. We are in danger of on this issue, and I want to give one brief, personal willing the ends but not the means for social care, and example. Last year, my father, who is 84 years old and a we have to make sure that this issue is kept under close full-time carer for my mother who has dementia, had review. a medical problem. It took us some time to get him the We all support the two fundamental principles of the simplest of medical attention, and in that time my Bill, which are about promoting individual well-being mother had to be admitted to respite care. She was there and moving towards a more preventive system. Those for four weeks, during which time her condition declined 71 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 72 dramatically. It would have made much more sense, as are not always reported, and, sadly, there is also under- well as being in the economic interests of the health reporting of concerns from hospitals. While there are service, for my father to have received fast-track medical many examples of local excellence in the development treatment. of safeguarding procedures, I fear, as do others, that Will the Minister consider having a system that flags there will be too much of a patchwork and not enough up people who are 24/7 carers, so that when they need of a national framework. It is essential for us to know, fast-track treatment they can receive it? That would wherever we live, that the standards of reporting and save not just money, but misery and distress to the obligations placed on agencies and other partners to whole family. I therefore commend new clause 19(1)(d): make that all-important report about abuse are consistent. its two lines could transform people’s lives. I ask the Because adults are often much more isolated than children Minister to take this simple and practical step, which and young people who are surrounded by a framework, would make such a difference. a duty to report when an adult is at risk could be considered to be more crucial. Mr Robert Buckland (South Swindon) (Con): My amendments 27 and 28 are on safeguarding. Clause 42 Mrs Emma Lewell-Buck (South Shields) (Lab): I contains a raft of measures that will go some way to shall speak briefly about new clauses 17 and 18 and enhancing the powers and role of the authorities in amendments 31 to 33, which stand in my name. dealing with disturbing and worrying cases of abuse or New clauses 17 and 18 go to the heart of the social neglect, which we hear about all too often when it care profession. They say a great deal about how much comes to the care of vulnerable adults. we value the care of vulnerable and older people. New clause 17 would reveal the full extent of poor employment Amendment 27 relates to the definition of abuse in practices in the care sector, including zero-hours contracts clause 42(3), which rightly makes reference to financial and failure to pay the national minimum wage. Good abuse. We are all aware of the rising phenomenon of social care thrives on the provision of well-trained, financial abuse, where older people and those with motivated staff who can develop proper relationships learning difficulties have been preyed on, sometimes by with the people whom they visit, but we know that that their own family, for financial gain. My worry is that, does not happen. According to the Social Care Workforce while a distinct reference to financial abuse is welcome, Research Unit, more than 150,000 people in the care there is a danger of creating an imbalance that will work force earn less than the national minimum wage. make other forms of abuse less relevant or important. Poor pay not only affects employee morale, but makes it Statistics from the Health and Social Care Information difficult to attract skilled staff and encourages high Centre on the number of safeguarding referrals in staff turnover. None of that is good for service users, the last year for which records are available show that who need to have confidence and trust in the people the most common causes or types of abuse are physical who visit them. abuse and neglect. My concern is that they do not The Government promised to get tough on employers appear in the Bill. It would perhaps be better to have an who do not pay the national minimum wage, but so far amendment, along the lines of the one I have tabled, only five employers have been “named and shamed”. that acknowledges different types of abuse and refers Not one of them was in the care sector, which is the matter to guidance that could be carefully and worrying given how widespread we know the problem comprehensively drafted, so that practitioners can be to be. New clause 17 would give a clear picture of the safe in the knowledge that one type of abuse does not state of the sector, and would create a foundation for take precedence over another. This is an issue that has possible action. been raised in the other place and in Committee here. New clause 18 would create a requirement for local The Government have said they are concerned that authorities to consider how the employment practices defining abuse further might restrict the scope of a local of providers they commission might affect the quality authority’s duty to inquire, but my concern, and the of care. The aim is to build checks into the system so concern of organisations such as Mencap, is that not that standards are not allowed to slip. Training is a having a reference to other forms of abuse might lead to particular concern: more than 40% of respondents to an undue focus on financial abuse only, to the detriment a Unison survey reported that they had not been given of others. specialised training to deal with the specific needs of Amendment 28 would place a duty on relevant partners, clients with conditions such as dementia. Nearly a such as those providing care and support, to notify quarter reported that they were required to carry out the local authority if they believe an adult is at risk of medical procedures or give medicine to clients when abuse. It is clear that local authorities cannot be expected they had not been trained to do so. More worryingly, a to identify all types of abuse themselves, or to rely on care worker who spoke to me recently told me that it the good will of other people or agencies. If relevant was standard practice in the agency to leave tablets for partners, including providers of care, had a duty to clients by their bedsides to save the cost of another visit report that adults were at risk of abuse, that would later in the evening to ensure that the client had taken make their responsibilities clear, and would help to his or her medication. That means, essentially, that secure greater transparency. I, and others, fear that hundreds of vulnerable, confused people who are not in leaving the matter to guidance would pose a risk that control of their own care are left to control their own the duty would not be taken seriously enough. A legal medicine. duty for relevant partners has already been introduced The issue of 15-minute care visits has rightly attracted in Wales, and the amendment seeks to mirror that. considerable attention, not just because they often make We are familiar with the existing framework relating the practicalities of care impossible, but because they to adult safeguarding boards and the joint agency working eliminate almost any chance for a relationship to develop that takes place, but concerns that arise day in, day out between carer and client. An under-reported crisis among 73 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 74 older people is growing isolation, and the carer may be It is easy to understand how that happens. Under- the only person to whom many of them speak on most resourced departments must set priorities, and routine days. That has real, measurable impacts on people’s steps such as the reviewing of someone’s care plan are well-being, and is made worse by those flying visits. often at the bottom of the list because there is no New clause 18 would force authorities to take such pressure for them to be taken in a timely way. However, factors into account when commissioning services. those steps are very important, because they identify A care worker on a zero-hours contract told me that changes in a person’s condition which, if ignored, might it was common for 15 or 30- minute visits to be scheduled lead them to a crisis point. The amendments would back to back, which gave him time to do only the bare reverse a worrying trend which has seen delayed assessments minimum. He had no time to speak to his clients, or to rise significantly since 2010, when 18.7% of new clients go the extra mile to keep them comfortable. He often waited four weeks or more for an assessment. By 2011-12, drops in on them in his spare time just to ensure that the latest year for which figures are available, the figure they are okay. On one occasion, he arrived at a client’s had risen to 22.7%. In some individual local authorities, home to find that the man had fallen and needed to go the change is even more worrying. In one authority, the to hospital. The man asked whether the care worker—a number of new clients waiting to be assessed jumped constituent of mine—could go with him, and my constituent from 12.6% to 70.7% between 2010 and 2012. It is rang his employers to see whether that was possible. He important to remember that those are not just percentages, was told that it was not. It is extremely worrying to see but represent vulnerable people whose needs are not cases in which social care has lost that basic element of being met. compassion. Employers must be required to build some In Committee, the Minister said that he was concerned kind of flexibility into their practices. about assessments being rushed to meet the timetable, My own experience in adult social care has convinced and that a simplistic time scale would not be tailored to me that a general duty of well-being is simply not meet individual needs. I agree that that is of concern, enough. but it should not be necessary for the time scale drawn up by the Secretary of State to be a “one size fits all”. Mrs Madeleine Moon (Bridgend) (Lab): Because of The timetable for more complex cases could take into the local government cuts, people are no longer thinking account the more complex nature of the assessment and about that general duty of well-being. What is almost a allow more time for completion. It would be much more “something is better than nothing” attitude has crept in dangerous to have no benchmark at all and for those and replaced concern for the well-being and care of the people to have their assessments delayed and their individual, who should be receiving quality care. needs not met. The amendments would improve the situation for people with more complex needs, for whom putting support in place quickly is most important. Mrs Lewell-Buck: I entirely agree. The budgets of council adult social care departments are now so stretched that they fill a gap wherever they can, as cheaply as they 6pm can. The Minister made two points on reviews: that a “regular” review would be too rigid and would impose Andrew George (St Ives) (LD): The hon. Lady is an arbitrary time scale on clients whose needs might be making an excellent point. In new clause 32, I propose very different from each other; and that clause 27’s that the Secretary of State should undertake a review of introduction of a right to review on “reasonable request” care standards, including hourly pay and other kinds would guard against the problem of clients going of remuneration for home care workers. Does she agree unreviewed for long periods. I do not believe that a that unless we have decent national standards for visiting timetable would need to be so rigid. As with assessments, times and remuneration, we shall be faced continually the timetable would not need to be identical for all with a race to the bottom? patients regardless of need. During the consultation, the severity of individual conditions could easily be Mrs Lewell-Buck: I apologise for not having read the addressed, as could other factors such as age, to ensure hon. Gentleman’s new clause. I have been focusing on that local authorities use their time most effectively. A my own new clauses and amendments, but I will look at properly formulated time scale would not have the his new clause at a later stage. disadvantage of inflexibility that the Minister suggests. I hope he will agree that only through legislation can we Amendments 31 to 33 would establish firm time really motivate local authorities to conduct a review in a scales for assessments and reviews of service users’ care timely manner. needs. During the Bill’s passage so far, the Opposition have repeatedly tried to raise the issue of the funding On the Minister’s second point, I agree that a right of gap in adult social care, which threatens some of the request is a step forward, but I worry that it does not positive changes that the Bill would bring about. In my address all, or even the majority of cases. Many of the constituency, our local authority has been forced to people we are talking about live alone, or have issues make £24.3 million-worth of savings, with predictable with mobility or communication. They do not have a consequences. One of the consequences for local authorities family member or other permanent carer to be an has been a decline in the regularity of assessments and advocate on their behalf. Establishing a firm timetable reviews. I have spoken to people whose assessments would ensure that those people are not overlooked. have been grossly delayed; I have also visited care homes The Minister said in Committee that the Government in which some residents have not been reviewed for up would produce indicative time scales for support plans to three years, during which time their needs may have and reviews. Although that is helpful and shows that the changed dramatically and their support may have become Government recognise the problem, I do not think that inadequate. indicators will provide enough motivation for local 75 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 76 authorities to get on top of the issue. As I have explained, some faith that we recognise that it is a big issue and a measure already exists to show how quickly initial that we are seeking to identify and meet our responsibilities assessments are conducted. A measure also exists for to fund what we all want to do and see. reviews to be proportionate, but neither has stopped the gradual slide in performance of recent years. Informal Barbara Keeley: In introducing new clause 3, the measures simply do not carry much weight. right hon. Member for Sutton and Cheam (Paul Burstow) said how he felt that the NHS institutionally must Mr Ward: I will try to hit my five-minute target by change to identify and support carers. Of course I agree excluding a lot of other comments, including on the with that. My hon. Friend the Member for Leicester eligibility criteria, which I have spoken about at length West (Liz Kendall) introduced new clauses 19, 20 and on other occasions. 21. She mentioned my private Member’s Bill, which I The shadow Minister, the hon. Member for Leicester feel is having its last outing today in these new clauses; West (Liz Kendall) effectively made the case about the it proposed measures on the identification of carers. I false economy, whereby the criteria are at the wrong want to touch on how long these issues have been level and people’s conditions deteriorate, so they and around. the state face a greater cost. My right hon. Friend the Eleven years ago, I completed a project on identifying Member for Sutton and Cheam (Paul Burstow) referred and providing support for carers and co-wrote a report to the provision to identify patients who are or may on that. The report made recommendations to Government, become carers. I am concerned about carers who end up NHS bodies, GPs and their teams on how important it becoming patients or needing care because of a lack of was to identify and support carers. That project mapped support. We need to consider that, too. 36 primary care support initiatives for carers run by the Princess Royal Trust for Carers. We are talking about a I will confine my comments to new clauses 7 and 9. long time ago. We felt that the role of carers, including Without those, the rest is almost irrelevant. My right their contribution to the work of the NHS, had generally hon. Friend referred to the elephant in the room. An been under-recognised and under-valued. elephant in the room is something we are vaguely aware of; we know it is there but we are not prepared to talk Through the 1990s, to the point where I wrote that about it. Out there, people are talking about the crucial report, we had carers assessments following the excellent issue of whether these services can be afforded. So Carers (Recognition and Services) Act 1995, introduced much in the Bill is so good, but we are in danger of by Malcolm Wicks. That was strengthened by the Carers casting doubt on the deliverability of what we know is and Disabled Children Act 2000, which enhanced the good and on whether it can be implemented. carer’s right to an assessment. We even had in 1999 standard 6 of the national service framework for mental As is often the case, it is no use relying on the good health, which said: old principle of localism and local authorities making “all individuals who provide regular and substantive care for a the decision to pick up these things. There is a difference person on the Care Programme Approach should have an assessment between localism that is freedom and localism that is an of their caring, physical and mental health needs, repeated on at abrogation of responsibility by Government to fund least an annual basis”. services during a national crisis. If we get that wrong, Even at that point, the Department of Health said that we will simply give local authorities the freedom to fail. the implementation of the carers’ right to an assessment We need to ensure that that does not happen. four years in was The sad thing is that, although there is so much good “patchy. Assessments are not always carried out. Some carers are will out there for the Bill— we are in grave danger of offered very sensitive practical and emotional support. But others not responding to the comments of the voluntary and receive very little, or no help”. community sector and the public sector generally on the Fast-forward 15 years to the Care Bill, and carers are principles of the Bill and many of its provisions—there still in a similar situation. The identification of carers is a suspicion that, at the end of the day, we cannot and referring them to sources of advice and support is deliver on it. The question is why would we not support still not happening on an adequate scale, and we have new clauses 7 and 9. We are asking for assurances, not had all that legislation and good practice. Carers UK for additional money, because the truth is we do not has told us that two thirds of carers that it surveyed said really know. We are asking for assurances through a that, although their GP knew they had caring review. We are asking not for additional funding but for responsibilities, their GP did not give them any extra a commitment to a review. help. We have heard examples of what that can mean. I was going to give a grand finale about the voyage Carers week is in June, and we look forward to that. into the unknown, but it is not unknown, is it? We know We know that in that week we meet carers at events. that huge demands will be placed on the system and There is a common theme: they tell us repeatedly they that that will have grave implications for many people are not getting advice and information to help them who are receiving and providing care. We know that care. They can be carers of people with cancer, carers that is on the way. We think we have a system in place for people with terminal illness, carers of people with through the Bill that will enable us to deliver on that. Parkinson’s or of people with dementia. Does the Minister The big question is not an elephant in the room. The want to start changing that for carers week this year? groups that I am working with on the Bradford Cares Does he want to go along to carers week events and projects, Age Concern, Mencap, Scope and the Bradford have carers start to say to him, “I have been identified and District Disabled People’s Forum say that this is by my GP and my GP does recognise my caring role”? I good and they like so much of the Bill, but they raise hope he does, because I have heard so many people say their eyebrows and say, “Will the funding be there?” how much it would have meant to them and what a That is the big question that is asked over and again. difference it would have made to their caring if their GP Through new clauses 7 and 9, we can at least give them had recognised it. 77 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 78

Even for conditions such as Parkinson’s, only one in negotiation can take place and access can be gained, but 10 carers has been offered an assessment. These are very often that access is only with a rather controlling people who are caring very often more than 50 hours a person in the room as well, and it can be very difficult week, and, as a disease such as Parkinson’s progresses, to make a full assessment of capacity under those up to 24 hours a day. They and the people caring for circumstances, as I am sure the Minister is aware. There somebody who has had a stroke or who has dementia are people who are at risk. We know that 29 local are the people who really need advice, support and authorities have identified that there have been vulnerable breaks. These are the reasons we must support new adults for whom they have been unable to gain access. clauses 3, 19, 20 and 21. New clause 1 is about stating that there needs to be a The Care Bill puts great emphasis on carers assessments final backstop in circumstances where it is clear that the rather than on the identification of carers, and I introduced safeguarding of a vulnerable adult at risk is paramount. a private Member’s Bill on that in September 2012. The I know there are those who say we already have right of clauses in that Bill, which we see again today, would access under the Police and Criminal Evidence Act 1984, have ensured that NHS bodies had procedures in place but unfortunately the bar is set too high and there is to identify carers and to promote their health and uncertainty about the ability to gain access. New clause well-being and ensure they receive information and 1 sets out very clearly the thresholds, and also the advice. I believe the key reason in identifying carers safeguards, because this is not about riding roughshod should be because we have a concern for their health, over individuals who do not wish to have a social particularly those with the heaviest caring commitments. worker entering their home. Instead it is about setting That is one in five of all carers, and that is more than out the rights of an individual who may be under the 1 million people, which is just too many. control of a coercive third party. We need to have Those caring for more than 50 hours a week are twice greater clarity and I hope the Minister will consider this as likely to suffer ill health, particularly those caring for new clause. Having a final backstop works well in a person with dementia or stroke. My right hon. Friend Scotland; it is very rarely used but we need to have it in the Member for Salford and Eccles (Hazel Blears) has place as a final resort. just talked to us meaningfully and movingly about the impact of that caring role on her family. We want early 6.15 pm identification and support for those carers so they can On new clause 26, I asked the Minister to imagine a maintain their health and manage and sustain their circumstance when he might have crushing central chest caring role. I agree with my right hon. Friend that they pain and the ambulance takes him not to a casualty should be fast-tracked for appointments. As hopefully department but to a police cell because a cardiologist is we move towards integration and, beyond that, whole- not available to make the assessment or a bed is not person care, local authorities cannot be expected to act available on a coronary care unit. That is completely alone to identify and support carers. unthinkable yet that is the reality in the UK for people As has been touched on in this debate, we also have to experiencing a mental health crisis. It has gone on for face the fact that the number of people receiving social far too long. I am perhaps one of the few Members of care services is shrinking. In Salford this year, because this House who has been in a police cell in the middle of budget cuts, 1,000 people are going to lose their of the night because I was a forensic medical examiner eligibility for social care services and 400 people who for several years. These are extraordinarily scary places would have become eligible for care will not become for anyone, let alone an individual experiencing an eligible. The unpaid carers in those families will be acute mental health crisis. taking on that substantial burden, yet, sadly, the GPs and doctors around them will not identify them, will Mr (Enfield, Southgate) (Con): I, not help them, will not make sure they get advice and too, have had experience of being in a police station, as support. a duty solicitor in my case, and therefore have seen for myself that the very last place these most vulnerable of This Care Bill is the place to make the change, and people should be is a police station. Given that the I say to the Minister let us not wait another 15 years to Government have made commitments—indeed, financial make the change and place such a requirement on commitments—on a diversion service, to ensure that health bodies—and schools, universities, colleges and the principle of diverting these vulnerable people is further education colleges in the case of young and recognised, surely the next step is to support the principle student carers. Let them just have policies in place to of my hon. Friend’s new clause? identify carers and to provide support for them. Dr Wollaston: I thank my hon. Friend for those Dr Sarah Wollaston (Totnes) (Con): I would like to comments and I welcome the mental health crisis care speak briefly to new clauses 1, 26 and 9. I hope new concordat, and what is being done to emphasise that clause 1 on the adult safeguarding access orders would prevention is by far the best way forward, but even with rarely ever be necessary because, as the Minister knows, those prevention measures in place I think we would all the vast majority of carers are out there day in, day out, accept there will still be circumstances where people will night after night providing dedicated care, often at the reach crisis, and unfortunately a police station is absolutely expense of their own health. There is a tiny minority of the last place anyone, let alone a child, would wish to be people, however—and I am afraid I have met some of in crisis. In Devon and Cornwall alone, 27 children last them—who are coercive, controlling and manipulative, year were taken to police cells for long periods of time. particularly if there is money at stake. At the moment On three occasions those children were as young as 12 there is no right of entry even if other relatives or and 13. That is simply unacceptable. One of the reasons neighbours and friends have raised concerns, and even it is likely to continue is that there is no penalty currently if clinicians have concerns. Of course in most cases a for the NHS in continuing to use such facilities. It does 79 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 80

[Dr Wollaston] people. That is why I support new clause 11; people need their human rights to be ensured in the Bill. New not have to pick up any of the financial tab. That is clause 2 is important, because we have a Children’s putting enormous pressure on our police forces. They Commissioner and we need a commissioner for the do not wish this to happen, of course. If we cannot at elderly and other care services, so that there is someone least have this sunset clause, which I think is eminently to speak out for people. I support new clauses 7 and 9, sensible, I hope the Minister will consider making sure because I agree that introducing legislation without that the NHS has to pay to use the police cells, and that funding is meaningless. We place local authorities in an there is a significant financial penalty, because that impossible position, as they struggle to provide the would be a driver. That would make it financially much services. more sensible for the NHS to put in place measures for With regard to the work force, we need to ensure pay these vulnerable people—who often have been found by and adequate training, so that we fully professionalise the police at the point where they are about to take their the work force. In my area, we have a high turnover of own lives. It cannot be acceptable for this situation to care workers, which leads to distressing results. In case, continue. an elderly lady was burgled and on the next day a new Moreover, the variation in such use of police cells is carer came in, but she thought that she was being extraordinary. There are some areas where that is not burgled all over again, because she did not recognise the used at all and others where it is very heavily relied on. person. That is the instability in the industry at the I hope the Minister will say in his response that he is moment. That is why I support new clauses 17 and 18. prepared to consider a sunset clause, or at least a financial On the amendments in my name, new clause 31 is penalty, so we see drivers in place and we continue to generated by one of my constituents called Jonathan move away from such a practice. However, I absolutely Kay, who asked me to get the matter dealt with in the recognise the point made by my hon. Friend the Member Bill. For many years, Jonathan has been funded by the for Enfield, Southgate (Mr Burrowes) that prevention is local authority to employ a personal assistant to enable far better, and I know all areas are working towards that him to carry out his day-to-day tasks—he is a disabled and that the Minister fully supports it. person—but he has experienced serious problems with New clause 9 is an extraordinary measure that is personal assistants in the past, even suffering abuse on widely welcomed because of the principles to which the more than one occasion. When employing personal right hon. Member for Salford and Eccles (Hazel Blears) assistants, Jonathan has found assessing the suitability referred about well-being and prevention. These are at of candidates extremely difficult, and he has not been the heart of the Bill and everybody welcomes them. able to obtain reliable recommendations from any public However, I think the Minister recognises that there body, despite using public funds to employ them. could be unintended consequences if we were to introduce Part 3 of the Bill provides that the training and education many new statutory obligations without their being funded —but no qualifications—of carers will be undertaken fully. As he will know, we have two tests—a needs test by Health Education England. The purpose of my new and a means test—for people to pass in accessing social clause is for Health Education England to allow scope care, and 88% of needs tests are now set at a substantial for the local education and training boards to do such level, which has been quite a considerable change. There work and to compile, publish and maintain a register of is also the means test, which stands at £23,250. On all persons who provide regulated social care for individuals many occasions as a GP, I remember coming across the under arrangements made by or paid for by a public absolute shock encountered by people when they realised authority. That would allow people such as Jonathan to that they would get no help whatever. access a list of trained professionals whom they can The change under the Bill will be extraordinarily employ with confidence, we hope, in future. welcome, although we should be under no doubt about With amendment 26, I am simply seeking to install the burdens that it will place on local authorities, into the Bill a provision on the right to live independently, in particular in my area. Devon has the third oldest as recommended by the Joint Committee on Human demographic in the country, but funding of local authorities Rights, but dismissed by the Government. The Government for health care does not have sufficient emphasis on the might well have been concerned about the legal actions age structure of the population. There will be great that were taking place with regard to the independent impact on Torbay and on other areas in Devon, such as living fund, but the Committee’s report made its my constituency. disappointment very clear that the Govt had not taken New clause 9 is a sensible measure about how we plan the opportunity of the Bill to be explicit about their for the future and make an appraisal of whether we are support for the convention on the rights of people with fulfilling the important provisions in the Bill, ensuring disabilities and article 19—“Living independently and that we have sufficient resources directed towards prevention being included in the community”—being a human and well-being. I hope that the Minister will see the right. It should therefore be included in the Bill. The new clause as helpful and as one that will assist us in Government have given assurances that the general planning for the future. direction of the Bill might achieve the same ends, but that is not good enough in that it does not enforce the John McDonnell (Hayes and Harlington) (Lab): I will rights in law. speak to the amendments in my name. I share the view My amendment 21 covers the same ground as new of the right hon. Member for Banbury (Sir Tony Baldry) clause 15, so I will not dwell on it in any depth, but I will that we should not have nodded the programme motion give an example. Whether with our parents or in our through blithely. Many of my constituents have contacted community, we all know about the uncertainty of charges me about the Bill, because care in my area is on the edge for residential care. They cause real concern and anxiety of crisis, with the new threshold rolling it back for many among families. Yes, the ability of local authorities to 81 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 82 negotiate rates influences the overall market, but that is area, but his family is from Edinburgh and he wanted to why there is a need for some form of indicative price. A move back to his family. For four years, he got absolutely care funding calculator is used to set the care of people nowhere, because neither authority would take responsibility with learning difficulties, and that model has worked for him being able to move. They argued backwards and and saved public funds. We should at least be considering forwards. Eventually, his family helped him to move in the Bill that sort of process for care overall. physically, but for a period none of his care costs was My proposals in amendment 20 would being met, until Edinburgh relented and began to meet those costs. By that time, he had incurred quite a lot of “require the local authority, when carrying out the assessment, to capture an individual’s main and other disabling conditions”. debt. A whole group of organisations, including the Parkinson’s I first raised the issue in 2011. The right hon. Member Disease Society, Sue Ryder, the Motor Neurone Disease for Sutton and Cheam (Paul Burstow), who was then Association, the Multiple Sclerosis Society, the Epilepsy the Minister, said that it should be covered in the White Society, the Neurological Alliance and the Alzheimer’s Paper, but when that came out it only related to portability Society, have all campaigned for this simple change in of care within England and not to the devolved authorities. the assessment process, which merely requires local I kept raising the matter and I was assured that something authorities to collect and record information about an would be in the Bill, but when it was published the individual’s main and other disabling conditions when measures related to the portability of residential care they are conducting their social care assessments and packages but not home care packages. arranging care packages. Why is that important? It is important for local authorities to be aware of the different 6.30 pm conditions in their community, so that they can plan I did not serve on the Public Bill Committee, but I long-term services, but it is also important for us to be know that this matter was examined there. Warm words aware of the information nationally, so that care services have been spoken, but I tabled the new clause because I and our investment can be planned in the long term. hope to tie the Government down to a timetable. I want Taking that into account seems to be a minor amendment. them to make some progress and report back in six Amendment 22, which I also tabled, was proposed by months on what further legislative or regulatory changes the Royal National Institute of Blind People and lobbied are needed to make this portability of care a reality; I for by a number of my constituents. In clause 76, the do not want this to keep being argued backwards and duty is placed on the local authority to establish forwards, as has happened for such a long time. As my “a register of sight-impaired and severely sight-impaired adults new clause is modest, I hope the Government may be who are ordinarily resident in its area.” prepared to accept it at this stage, so that six months after Royal Assent we will be coming back with practical The existing provision relates only to adults and does steps that can be taken to move this on. In that way, I not include children. My amendment simply ensures hope that people such as Mr Kenny will not in the that the local authority is required to collect information future be faced with having this argued over their head, on both adults and children. The reason for this is that, with their not being able in the meantime to have the under the Children Act 1989, there is a requirement on care they need—care near to their family, which of local authorities to collect information with regard to course will probably, in the end, result in a saving to blind and partially sighted children, but 20% of local everyone. authorities admitted failing to meet that legal requirement. Furthermore, 20% of local authorities have no register; Grahame M. Morris: I echo the sentiments of other three councils include just 1% of disabled children hon. Members about the lack of time we have been known to the authority on the registers; one in four allocated. I appreciate that it is not your fault, Madam authorities have whole registers with fewer than 2% of Deputy Speaker, but we have so much to get through disabled children known to the council; and almost six and the shortage of time means that although I would in 10 councils include 10% or fewer of the disabled like to speak in support of a raft of amendments and children. The RNIB therefore emphasises that in clause new clauses, I will limit my remarks to a discussion of 76 we should place on local authorities a duty, when new clause 9. collecting information, to include children ordinarily resident in their area. Again it is the same mechanism; it I am supportive of the Care Bill—changes that make is about the planning of services to ensure that they are care simpler and fairer are to be welcomed—but there properly invested in over the long term. are real concerns about the sustainability of the changes this Bill seeks to make. I do not doubt the integrity and Overall, I welcome the Bill, but I fear that it will good will of the Minister of State, Department of Health, disappoint many as a result of the failure to address the hon. Member for North Norfolk (Norman Lamb), some of the considerable issues with regard to funding, but with all the good will in the world the proposals in rewards to the work force and professional training, the Bill can be implemented successfully only if they are and the appropriateness of the cap on costs. properly funded. Other hon. Members have raised concerns about the Sheila Gilmore (Edinburgh East) (Lab): I am pleased funding implications, and the original Dilnot report, to have the opportunity to speak to new clause 5, which one of the foundation stones of the Bill, made it clear is in my name. I thank the many Members who have that insufficient funding would hamper the effectiveness supported the clause. of any attempts to implement reforms, including the I have been pursuing the issue since 2011, initially on ones in this Bill, and that long-term social care funding behalf of a constituent, a Mr Kenny, who suffered an will work only if the current crisis in social care is injury when he was serving in the Army and is paralysed addressed first. So we must not forget that the success from the waist down. He originally lived in the London of the Bill will be jeopardised by laying reforms over a 83 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 84

[Grahame M. Morris] this new clause, but I was unable to be here because I spent three days in Southport and Formby district system that is underfunded. I do not have time to go general hospital. I saw the pressures in the accident and into the figures, save to say that adult social care budgets emergency department resulting from beds not being alone have been reduced by £2.7 billion over the past available for the transfer of patients to the wards; the three years—that amounts to 20% of average council pressures arising from chronic staff shortages; the difficulty budgets. in helping patients to return home because of a lack of The impact of such cuts is compounded by rising support in the community; and general practitioners demand resulting from demographic changes. It has sending older people to A and E with complex needs as been estimated that to meet the demographic pressures there was a lack of other choice or care available. In the nation needs to spend another £400 million a year. So large part, the cuts in social services funding meant that local government has real concern that the implementation I saw all those things. Meanwhile, staff in the NHS are costs and ongoing running costs of the reforms being working incredibly hard, often doing double shifts to implemented through this excellent Bill have not been look after patients, for which I am extremely grateful, as fully costed and will not be funded, other than as new are many others. I take this opportunity to thank them burdens. and everybody in the ambulance service for what they did for me and have done for many other people. It is unacceptable—and it will damage public confidence and trust—to pretend that new standards will be able to The evidence I collected during those three days be met if the resources are not in place to deliver them. shows just why we need to be confident that funding is That is why it is so important that an additional reporting in place. Unless the funding is adequate, both in social mechanism is in place, such as new clause 9 would care and in the NHS, the challenges faced day by day, establish, to provide assurance that the social care system hour by hour in our NHS will grow worse. We need and reforms in the Bill are adequately funded. If the greater integration, provided through the all-party approach Government really intend the Bill to be their flagship advocated by Sir John Oldham in the report by his piece of legislation on social care, we need to know that Independent Commission on Whole Person Care. As the numbers add up. Despite councils’ best efforts to the report says, practice needs to move on so that we protect front-line services, the reality of cuts on this can see more care provided at home, with professionals scale has meant that adult social care has not been working closer together in the interests of the individual. immune to their impact. The whole-person care approach would reduce the number A number of hon. Members have indicated the scale of hospital admissions; it would keep more people at of the impact in their own areas, but the eligibility home for longer, reducing hospital admissions and avoiding criteria level for social care has risen dramatically across the huge pressures that I witnessed. In the context of a range of authorities. It is unclear how the new eligibility the Bill, we need to be confident that the funding is threshold will work in practice, both in terms of the sufficient to deliver the new responsibilities, which is effectiveness of care that older and disabled people will why we tabled new clause 9. I hope that Members will receive and the impact that the threshold will have on support it this evening. local government finances. But it is a concern that an New clause 19 calls for health bodies to promote the eligibility threshold set at “substantial” will, as the hon. health and well-being of carers. As the independent Member for Totnes (Dr Wollaston) has said, fail to commissions report states: create a preventive care system—that is what we all want, “Most care is delivered by people themselves and their families.” along with well-being. That makes the health of carers vital. My dad cares A failure to create a preventive care system could for my mum, and his health is a major concern. Carers result in a false economy in the long term—my hon. up and down the country face declining health as they Friend the Member for Leicester West (Liz Kendall) care for loved ones. Caring for the people who care is mentioned the figures from the Deloitte study. By not also a vital aspect of care provision, and paid staff in delivering the £1.2 billion of investment needed to the health and social care sectors are also carers. My lower the national eligibility threshold, central Government right hon. Friend the Member for Salford and Eccles could be missing out on savings as great as £700 million. (Hazel Blears) talked about priority treatment going to The well-being principle of the Bill will fail to become a volunteer carers—family members, friends and other reality as many old and disabled people will be ineligible volunteers. We should also consider that approach for to have their needs met, so it is important that the everyone who works in the NHS or in social care. If we effectiveness and sustainability of the eligibility threshold read the new clause in its widest sense, we should is reviewed and changed when appropriate. consider paid carers too, be they in the NHS or in social We have a unique opportunity to improve care, which care. is why I am in favour of establishing the joint care and support reform programme board set out in our new Some 1.3 million people work in the NHS, and clause 9, which provides for a report on performance 1.5 million in social care. We should promote the health and implementation. A failure to do so could render the of NHS and social care staff as well that of unpaid well-intentioned reforms in the Care Bill meaningless. carers who do a fantastic job up and down the country. I hope that new clauses 9 and 19 receive the support of the House. Bill Esterson (Sefton Central) (Lab): Social services are under huge funding pressure, which has a knock-on effect on the NHS. New clause 9 highlights the crucial The Minister of State, Department of Health (Norman issue of funding and will contribute to addressing it. Lamb): I share the frustration of many Members at the Just 10 days ago, I experienced at first hand those shortness of time that we have had to discuss such pressures on the NHS. I would have added my name to important issues. 85 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 86

Part 1 of the Bill brings in a long overdue and On new clause 26, I completely agree that police cells fundamental reform of care and support. It has been are a totally inappropriate place for someone in a brought before the House after around five years of one mental health crisis. The crisis care concordat, which, of the most collaborative processes ever used to develop for the first time ever, sets standards of crisis care, lays legislation, and I am very proud of this historic set of out our clear expectation that the use of police cells will reforms. drop by half by 2014-15. However, that must only be a I hope to have time to explain Government start. The Home Secretary announced last year that amendments 1 to 7 and 14, relating to clause 123 on there will be a review of the operation of sections 135 regulations, but before that I shall try to address some and 136 of the Mental Health Act 1983 on places of of the key points that have been made. I fear that I do safety, and that is the right approach to take. However, I not have time to do justice to all the points, but I shall agree that we must end this awful practice of people do my best. ending up in police cells completely inappropriately. On new clause 1 on power of access, which was tabled I sympathise with new clause 11 on the Human Rights by my right hon. Friend the Member for Sutton and Act, but do not feel that it adds anything in terms of Cheam (Paul Burstow), it is my view that there is no gap protection for individuals. None the less, I recognise the in powers that would prevent care or other professionals strength of feeling on the matter, so I expect that it will from accessing those in urgent need of assistance. I am be discussed further in the final stages of the Bill’s not alone in that view. The Association of Chief Police passage in the other place. In the meantime, I am Officers says: prepared to reflect on the points made and consider “Powers of entry are provided to us under both common law whether legislative clarification might be justified in and PACE and I am satisfied that these would afford us access to order to make the Government’s position clear. premises where vulnerable individuals are considered to be at risk.” 6.45 pm The Association of Directors of Adult Social Services, which is an important organisation, agrees: On new clause 2, I sympathise with the case for an “We have no evidence that the proposed powers of entry would older person’s commissioner. I have communicated with add significantly to the range of tools currently available to the Care Quality Commission, Healthwatch England practitioners, rather we are concerned that this would encourage and NHS England to ensure that the organisations a coercive rather than negotiated approach to complex and difficult that are responsible for functions that guarantee, or situations, and increase risk of harm or abuse. Any such power seek to guarantee, good care for people take absolutely would not assist the complex next steps in assuring and supporting seriously their responsibilities towards older people. individuals, who have capacity, to stay safe.” I have had initial responses that I am happy to share That view is confirmed by the chief social worker for with hon. Members. I am also happy to set up a round adults, who said: table meeting with our system partners and interested “An additional power of entry or access on its own would be parties to discuss this matter further if that would be insufficient, and indeed could make the situation worse.” helpful. The inherent jurisdiction of the High Court to intervene provides a crucial final safety net. Beyond that, the Paul Burstow: That is a helpful way forward, but I ask critical thing is to issue, as we intend to do by the end of the Minister to say a little bit more about new clause 11 March, clear guidance on existing powers to ensure that and the Human Rights Act issue. all professionals working in this important area understand what powers they have available to them. I know that Norman Lamb: I have already confirmed that we will my right hon. Friend has been assiduous in pursuing return to the matter later in the process, and I hope that that issue, and I am happy to involve him in the process we will then end up in a satisfactory place. of confirming those final guidelines that we intend to Turning to new clauses 7 and 9 to which a number of publish by the end of March. hon. Members have spoken, the spending review considers On amendment 27 about the definition of abuse, the spending pressures across adult care and support, the Joint Committee on the Draft Bill stated: NHS and public health. In the current spending review “Abuse is an ordinary English word, capable of being understood period, we allocated significant additional funding to without being defined…to attempt an exhaustive definition always local authorities for adult care and support, including a has the danger of omitting something which, as subsequent transfer from the NHS of £1.l billion a year by 2014-15 events make clear, should have been included.” to be spent on social care with a health benefit. That is We agree and believe that the Bill is clear as drafted. Last not to say that I do not recognise how challenging the week, I spoke to the all-party group, which is chaired financial environment is for local authorities, but we by my hon. Friend the Member for South Swindon know from figures provided by the local authorities (Mr Buckland). I promised to go away and look at the themselves that the vast majority of cost savings have matter and to talk to officials, but I am absolutely been achieved as a result of efficiencies and not of satisfied that the plain English words are very clear. The cutting services for people. explanatory notes will be expanded to ensure that it is However, as the hon. Member for Leicester West made clear. The guidance and explanatory notes will (Liz Kendall) said in Committee, the answer is not just both have legal force, and courts will use them to to throw more money at the system, but to look at how interpret the intentions of the Bill. public funding is spent and to deliver a more radical Turning to amendment 28, the overarching well-being reform of health and social care. That is why, in the principle applies to safeguarding duties. Where partners spending review for 2015-16, we announced the better become aware of abuse or neglect, it is imperative that care fund, which is a £3.8 billion pooled budget for they act, and the guidance will be absolutely clear on health and social care. That not only provides the that point. resources needed to protect access to social care, but 87 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 88

[Norman Lamb] in statutory guidance. It would not be appropriate to have a nationally set formula that would lead to standard breaks absolutely new ground in establishing structures rates or “tariff prices” for care and support, as this is that will drive further and faster integration between best left to local negotiations in the open market. health and social care. On new clause 24, local authorities are already under As hon. Members have noted, the better care fund a duty to work with their local clinical commissioning includes £135 million of additional funding for groups and others through the health and wellbeing implementing the Bill in 2015-16. Some have argued boards to undertake joint strategic needs assessments that including that in the better care fund means that and to develop joint health and well-being strategies. local authorities will face a choice between implementing Statutory guidance published in March 2013 makes it the Bill and investing in integrated services. In my view, clear that these must be published and have specific that is a false choice. On the contrary, our reforms are regard to part of the same agenda, and we cannot afford to see “what health and social care information the community needs, those as separate issues. Both systems need to work including how they access it and what support they may need to more effectively together to help people live independently understand it”. for longer. Awareness-raising will be an important part of the Bill’s Barbara Keeley rose— implementation. The Department will co-ordinate involvement of wider interests, including local authorities Norman Lamb: I am conscious that I owe it to hon. and the private and voluntary sectors, to raise the Members to respond to all the issues that have been public’s awareness of the new arrangements, specifically raised. on the need for people to plan for care costs. We will The reforms in the Bill to extend assessments and add to what is already available to monitor the effectiveness support for carers can play a big part in keeping people of information and advice, public accessibility and public out of hospital. The spending review provided £335 million awareness. in 2015-16 to help local authorities’ transition to the On new clauses 22 and 23 about financial advice, the capped cost system and to offer universal deferred Financial Conduct Authority already has a responsibility payments. Locally, health and wellbeing boards have a to keep under review the financial advice market as statutory responsibility to analyse current and future regards how it is serving customers, and qualifications health and care needs and to develop a strategy to for advisers, and this includes those looking to fund address them. Given such an approach, there is no need long-term care costs. These requirements are published for the proposed amendments. in FCA rules. Such an addition to the Bill would therefore be unnecessary. Paul Burstow rose— I understand the intention behind new clauses 17, 18 Norman Lamb: I am sorry; I must ensure that I get and 32—it is to ensure fair payment for care sector through all the amendments. workers. In response to the Cavendish review, statutory On new clause 13, I am clear that the current lack of guidance for the Bill will include guidance to local good information on deferred payment agreements is authorities on commissioning services and arranging not acceptable, given the importance of the scheme. contracts that will explicitly require them to have regard That is why we are working with national partners in to ensuring that provider organisations adhere to minimum local government and the National Association of Financial wage legislation, including, crucially, the payment of Assessment Officers to develop a range of questions travel time between social care visits. We are also working that will improve and expand the data we already have. closely with Her Majesty’s Revenue and Customs to The new clause is therefore unnecessary as we already ensure that the national minimum wage guidance is have plans under way to achieve a similar goal. appropriate to the care sector. We have amended the Bill to enable specified bodies to provide training standards On new clause 4 on local authorities making “reasonable for groups of workers, initially focusing on health care charges”, the Government’s proposal to set a clear assistants and social care support workers. This will amount beyond which a person’s income cannot be form the core of the new care certificate. reduced is much clearer and provides stronger protection. I have written to my right hon. Friend the Member for New clause 31 is outside the remit of Health Education Sutton and Cheam and other Committee members on England, which has a delegated duty under the National this subject, and I would be happy to share the letter Health Service Act 2006. The duty relates to education with other Members. I have nothing to add to that and training in relation to persons working, or considering analysis and do not agree that the new clause is required. working, in connection with the provision of services as part of the health service in England. The duty does not On amendment 21 and new clause 15, the Bill makes extend to regulated social care, which is taken to mean it clear that local authorities must work to maintain a social care delivered by providers registered with the sustainable market that delivers a wide variety of high Care Quality Commission. quality services for people who need care and support in the local area. Local authorities’ own commissioning On new clause 5, given the inherent complexity presented is an important part of this process. Additionally, local by the different legislative frameworks operating in the authorities will have to have regard to the well-being of different territories of the United Kingdom, we will individuals when commissioning services. Therefore, look to develop principles on cross-border continuity of any local authority that commissions inappropriately care that achieve the same practical effect as further short care visits or does not consider the actual cost of legislation. I absolutely agree with the hon. Member for care when setting fee levels is highly unlikely to be Edinburgh East (Sheila Gilmore) about the importance fulfilling their duties. These matters will be set out fully of this issue. We have started discussions with colleagues 89 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 90 in the devolved Administrations and we will aim to Amendment 26 is unnecessary because the concepts publish the principles by November. I hope that that of independent living and inclusion in the community helps her. are already core parts of the duty to promote individual On new clauses 3 and 19 about NHS work to identify well-being. We have merely captured them in more and promote the health of carers, I can confirm that the concrete ways rather than using those terms, which are guidance will absolutely reinforce the importance of too unclear, as the Law Commission agreed. co-operation between the NHS and local authorities on Schedule 2 to the Children Act 1989 requires local local authorities’ duty to identify carers. NHS England authorities to keep registers of sight-impaired children, is developing its own action plan for identifying and and amendments 22 to 25 would only duplicate that. supporting carers. In addition, our vision for out-of-hours We have committed to explicitly reinforcing this duty in hospital care, which will be published in April, will the forthcoming code of practice for children and young build on changes to the GP contract for 2014-15. All people with special educational needs or disabilities. patients aged 75 and over will have a named accountable I turn briefly to the Government amendments. GP with responsibility for their care, and we will consider Amendments 1 and 2 simply clarify the scope of the how we can extend this approach to all people with regulation-making powers as set out in the other place long-term conditions. The plan will emphasise the by Lord Howe, the Under-Secretary with responsibility importance of GPs identifying carers and supporting for quality. They ensure that regulations can specify them in their caring role by directing them to information, where local authorities do have the power to be more advice and support. generous and contribute to the costs of an adult with On new clauses 20 and 21, a legislative approach that resources above the financial limit, as well as where they compels schools, universities and colleges to identify do not. young carers and student carers would not be in keeping Amendment 3 allows regulations to specify where with the Government’s drive to reduce burdens. The certain costs do not have to form part of the personal Department for Education has already been doing a lot budget and thus do not count towards the cap on care in this regard, and it is now working with the National costs. It has always been the intention that some provision, Governors Association in raising awareness in schools. such as reablement, should be a universal, free service The Department of Health has invested in many initiatives and therefore should not be incorporated in the personal to help to identify and support young carers. We have budget. Such exemptions will not apply to general care trained over 150 school nurses as young carers’ champions. and support that a local authority can charge for. Along with other Departments, we will also explore the Amendments 4 and 5 correct small drafting omissions factors that are challenging in young adult carers’ transition in clause 34. Amendment 6 will enable us to make from school to college or university. Along with ministerial provision in the regulations for the appeals system for colleagues, I will shortly write to Universities UK and the investigation of the appeals body itself—for example, the Association of Colleges to seek their engagement regarding allegations of maladministration. Amendment 14 in this work. sets out that, as per usual practice, we will use affirmative Amendment 20, tabled by the hon. Member for Islington regulations if we need to amend primary legislation as North (Jeremy Corbyn), is not required because the part of the appeals regulations. scope of the new powers in clause 12 already allows for Finally, on amendment 7, the feedback from local the collection of such information if we choose to authorities is that it would make sense for them to have require it. flexibility to be able to delegate functions relating to On amendments 31 to 33, we have carefully considered direct payments if they so wish. We agree and have the issue of time frames in the care planning process, accordingly tabled an amendment to remove the prohibition including reviews. On balance, we feel that a flexible related to that. approach is best. It is important for local authorities to retain the ability to be proportionate to the needs to be Paul Burstow: I give notice that I would like to press met. For some people—[Interruption.] new clause 9 to a vote and beg leave to withdraw new clause 1. Madam Deputy Speaker (Mrs Eleanor Laing): Order. Clause, by leave, withdrawn. The Minister must be heard. Hon. Members are being rude in speaking. 7pm Proceedings interrupted (Programme Order, this day). Norman Lamb: Thank you very much, Madam Deputy Speaker. The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that For some people, the care planning process may be time (Standing Order No. 83E). relatively simple, but for people with complex needs it is important that the plan is carefully produced and agreed with the person in order to meet their care and support needs effectively and appropriately. New Clause 9

Mrs Lewell-Buck: Will the Minister give way? REPORTING ON THE FUNDING FOR NEW COSTS ARISING FROM THE CARE ACT Norman Lamb: I do not have time, I am afraid. ‘(1) The Joint Care and Support Reform Programme Board must inform the Secretary of State by an annual written report We will set out in guidance best practice on conducting that it is satisfied whether sufficient funding is in place to ensure care plans. I hope that that reassures the hon. Member that social care is adequately funded and that the provisions in for South Shields (Mrs Lewell-Buck). the Act can be implemented satisfactorily. 91 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 92

(2) In subsection (1), the “Joint Care and Support Reform Fuller, Richard Lidington, rh Mr David Programme Board” means the board of that name consisting of Garnier, Sir Edward Lilley, rh Mr Peter representatives of (but not limited to): the Local Government Garnier, Mark Long, Naomi Association, the Association of Directors of Adult Social Gauke, Mr David Lopresti, Jack Services and the Department of Health. Gibb, Mr Nick Loughton, Tim (3) The report mentioned in subsection (1) should include a Gilbert, Stephen Luff, Sir Peter statement of the satisfaction of the Joint Care and Support Gillan, rh Mrs Cheryl Lumley, Karen Reform Programme Board with (but not limited to)— Glen, John Maude, rh Mr Francis (a) adequacy of the funding of the provisions in this Act, Goldsmith, Zac Maynard, Paul (b) on-going costs of implementation, Grant, Mrs Helen McCartney, Jason Gray, Mr James McIntosh, Miss Anne (c) an additional five yearly review of the short and medium term cost of setting the eligibility criteria at Greening, rh Justine McPartland, Stephen the level set out in regulations.’.—(Paul Burstow.) Grieve, rh Mr Dominic McVey, rh Esther Griffiths, Andrew Menzies, Mark Brought up. Gummer, Ben Mercer, Patrick Question put, That the clause be added to the Bill. Gyimah, Mr Sam Miller, rh Maria Halfon, Robert Mills, Nigel The House divided: Ayes 13, Noes 276. Hames, Duncan Milton, Anne Division No. 222] [7 pm Hammond, Stephen Mitchell, rh Mr Andrew Hancock, Matthew Moore, rh Michael AYES Hands, rh Greg Mordaunt, Penny Harper, Mr Mark Morgan, Nicky Blackman, Bob McDonnell, John Harrington, Richard Morris, Anne Marie Burstow, rh Paul Morris, Grahame M. Harris, Rebecca Morris, David Campbell, Mr Ronnie (Easington) Hart, Simon Morris, James Corbyn, Jeremy Sanders, Mr Adrian Harvey, Sir Nick Mosley, Stephen Edwards, Jonathan Skinner, Mr Dennis Haselhurst, rh Sir Alan Mowat, David Field, rh Mr Frank Hayes, rh Mr John Mulholland, Greg Huppert, Dr Julian Tellers for the Ayes: Heald, Oliver Munt, Tessa Llwyd, rh Mr Elfyn Mr David Ward and Heaton-Harris, Chris Murray, Sheryll Lucas, Caroline Andrew George Hemming, John Murrison, Dr Andrew Henderson, Gordon Neill, Robert NOES Hendry, Charles Newmark, Mr Brooks Adams, Nigel Carmichael, Neil Herbert, rh Nick Newton, Sarah Afriyie, Adam Carswell, Mr Douglas Hoban, Mr Mark Nokes, Caroline Aldous, Peter Chishti, Rehman Hollingbery, George Norman, Jesse Amess, Mr David Chope, Mr Christopher Hollobone, Mr Philip O’Brien, rh Mr Stephen Andrew, Stuart Clappison, Mr James Holloway, Mr Adam Offord, Dr Matthew Arbuthnot, rh Mr James Clark, rh Greg Horwood, Martin Ollerenshaw, Eric Bacon, Mr Richard Clarke, rh Mr Kenneth Howarth, Sir Gerald Opperman, Guy Baker, Norman Clifton-Brown, Geoffrey Howell, John Ottaway, rh Sir Richard Baker, Steve Coffey, Dr Thérèse Hughes, rh Simon Paice, rh Sir James Baldry, rh Sir Tony Colvile, Oliver Hunt, rh Mr Jeremy Paterson, rh Mr Owen Baldwin, Harriett Cox, Mr Geoffrey Hurd, Mr Nick Pawsey, Mark Barclay, Stephen Davey, rh Mr Edward Jackson, Mr Stewart Penning, rh Mike Barker, rh Gregory Davies, David T. C. Javid, Sajid Penrose, John Baron, Mr John (Monmouth) Jenkin, Mr Bernard Percy, Andrew Bebb, Guto Davies, Glyn Johnson, Gareth Perry, Claire Beith, rh Sir Alan de Bois, Nick Johnson, Joseph Phillips, Stephen Bellingham, Mr Henry Djanogly, Mr Jonathan Jones, Andrew Pickles, rh Mr Eric Benyon, Richard Dorrell, rh Mr Stephen Jones, rh Mr David Pincher, Christopher Berry, Jake Dorries, Nadine Jones, Mr Marcus Poulter, Dr Daniel Bingham, Andrew Doyle-Price, Jackie Kawczynski, Daniel Pritchard, Mark Birtwistle, Gordon Drax, Richard Kelly, Chris Pugh, John Blackwood, Nicola Duddridge, James Kirby, Simon Raab, Mr Dominic Blunt, Mr Crispin Duncan Smith, rh Mr Iain Knight, rh Sir Greg Randall, rh Sir John Boles, Nick Dunne, Mr Philip Kwarteng, Kwasi Reckless, Mark Bottomley, Sir Peter Ellis, Michael Lamb, Norman Redwood, rh Mr John Brady, Mr Graham Ellison, Jane Lancaster, Mark Rees-Mogg, Jacob Brake, rh Tom Ellwood, Mr Tobias Lansley, rh Mr Andrew Reid, Mr Alan Bray, Angie Elphicke, Charlie Latham, Pauline Rifkind, rh Sir Malcolm Bridgen, Andrew Evans, Graham Laws, rh Mr David Robertson, Mr Laurence Brine, Steve Evans, Jonathan Leadsom, Andrea Rogerson, Dan Brokenshire, James Evennett, Mr David Lee, Jessica Rudd, Amber Browne, Mr Jeremy Fabricant, Michael Lee, Dr Phillip Ruffley, Mr David Bruce, Fiona Fallon, rh Michael Lefroy, Jeremy Rutley, David Bruce, rh Sir Malcolm Farron, Tim Leigh, Sir Edward Sandys, Laura Buckland, Mr Robert Foster, rh Mr Don Leslie, Charlotte Scott, Mr Lee Burns, rh Mr Simon Francois, rh Mr Mark Letwin, rh Mr Oliver Selous, Andrew Burrowes, Mr David Freeman, George Lewis, Brandon Shelbrooke, Alec Burt, Lorely Freer, Mike Lewis, Dr Julian Shepherd, Sir Richard Cable, rh Vince Fullbrook, Lorraine Liddell-Grainger, Mr Ian Simpson, Mr Keith 93 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 94

Skidmore, Chris Tyrie, Mr Andrew Clarke, rh Mr Tom Johnson, rh Alan Smith, Chloe Uppal, Paul Clwyd, rh Ann Johnson, Diana Smith, Henry Vaizey, Mr Edward Cooper, Rosie Jones, Graham Smith, Julian Vara, Mr Shailesh Cooper, rh Yvette Jones, Helen Smith, Sir Robert Vickers, Martin Corbyn, Jeremy Jones, Mr Kevan Soames, rh Nicholas Villiers, rh Mrs Theresa Crausby, Mr David Jones, Susan Elan Spelman, rh Mrs Caroline Walker, Mr Charles Creasy, Stella Kane, Mike Spencer, Mr Mark Wallace, Mr Ben Cruddas, Jon Kaufman, rh Sir Gerald Stanley, rh Sir John Watkinson, Dame Angela Cryer, John Keeley, Barbara Stephenson, Andrew Weatherley, Mike Cunningham, Alex Kendall, Liz Stevenson, John Webb, Steve Cunningham, Mr Jim Khan, rh Sadiq Stewart, Bob Wharton, James Cunningham, Sir Tony Lammy, rh Mr David Stewart, Iain Wheeler, Heather Danczuk, Simon Lavery, Ian Stewart, Rory White, Chris David, Wayne Lazarowicz, Mark Streeter, Mr Gary Wiggin, Bill De Piero, Gloria Leslie, Chris Stride, Mel Williams, Mr Mark Denham, rh Mr John Lewell-Buck, Mrs Emma Stuart, Mr Graham Williams, Roger Dobbin, Jim Llwyd, rh Mr Elfyn Stunell, rh Sir Andrew Williams, Stephen Dobson, rh Frank Long, Naomi Sturdy, Julian Williamson, Gavin Docherty, Thomas Love, Mr Andrew Swales, Ian Willott, Jenny Donohoe, Mr Brian H. Lucas, Caroline Swayne, rh Mr Desmond Wilson, Mr Rob Doran, Mr Frank Lucas, Ian Syms, Mr Robert Wilson, Sammy Doughty, Stephen Mactaggart, Fiona Tapsell, rh Sir Peter Wright, Jeremy Dowd, Jim Malhotra, Seema Teather, Sarah Wright, Simon Doyle, Gemma Marsden, Mr Gordon Thornton, Mike Yeo, Mr Tim Dromey, Jack McCabe, Steve Thurso, John Young, rh Sir George Dugher, Michael McCann, Mr Michael Timpson, Mr Edward Tellers for the Noes: Eagle, Maria McCarthy, Kerry Tomlinson, Justin Gavin Barwell and Edwards, Jonathan McClymont, Gregg Turner, Mr Andrew Mark Hunter Efford, Clive McDonagh, Siobhain Elliott, Julie McDonald, Andy Ellman, Mrs Louise McDonnell, John Question accordingly negatived. Engel, Natascha McFadden, rh Mr Pat Esterson, Bill McGovern, Alison New Clause 11 Evans, Chris McGuire, rh Mrs Anne Field, rh Mr Frank McKenzie, Mr Iain Fitzpatrick, Jim McKinnell, Catherine PROVISION OF CERTAIN CARE AND SUPPORT SERVICES TO Flello, Robert Meacher, rh Mr Michael BE PUBLIC FUNCTION Flint, rh Caroline Meale, Sir Alan ‘(1) A person (“P”) who provides regulated social care for an Fovargue, Yvonne Mearns, Ian individual under arrangements made with P by a public Francis, Dr Hywel Miller, Andrew authority, or paid for by a public authority, is to be taken for the Gapes, Mike Mitchell, Austin purposes of subsection (3)(b) of section 6 of the Human Rights Gardiner, Barry Moon, Mrs Madeleine Act 1998 (acts of public authorities) to be exercising a function Gilmore, Sheila Morris, Grahame M. of a public nature in doing so. Glindon, Mrs Mary (Easington) (2) This section applies to persons providing services regulated Goodman, Helen Mudie, Mr George by the Care Quality Commission. Greatrex, Tom Mulholland, Greg (3) In this section “social care” has the same meaning as in the Green, Kate Munn, Meg Health and Social Care Act 2008.’.—(Liz Kendall.) Greenwood, Lilian Murphy, rh Paul Brought up. Griffith, Nia Murray, Ian Gwynne, Andrew Nandy, Lisa Question put, That the clause be added to the Bill. Hain, rh Mr Peter O’Donnell, Fiona The House divided: Ayes 208, Noes 280. Hamilton, Mr David Onwurah, Chi Hamilton, Fabian Osborne, Sandra Division No. 223] [7.13 pm Hanson, rh Mr David Owen, Albert Harris, Mr Tom Pearce, Teresa AYES Havard, Mr Dai Perkins, Toby Abrahams, Debbie Betts, Mr Clive Healey, rh John Phillipson, Bridget Ainsworth, rh Mr Bob Blears, rh Hazel Hendrick, Mark Pound, Stephen Alexander, rh Mr Douglas Blunkett, rh Mr David Heyes, David Powell, Lucy Alexander, Heidi Brennan, Kevin Hillier, Meg Qureshi, Yasmin Ali, Rushanara Brown, Lyn Hilling, Julie Raynsford, rh Mr Nick Allen, Mr Graham Brown, rh Mr Nicholas Hodge, rh Margaret Reed, Mr Jamie Ashworth, Jonathan Brown, Mr Russell Hoey, Kate Reed, Mr Steve Austin, Ian Bryant, Chris Hood, Mr Jim Reeves, Rachel Balls, rh Ed Buck, Ms Karen Hopkins, Kelvin Reynolds, Emma Banks, Gordon Burden, Richard Howarth, rh Mr George Riordan, Mrs Linda Barron, rh Kevin Burnham, rh Andy Hunt, Tristram Robertson, John Beckett, rh Margaret Campbell, rh Mr Alan Irranca-Davies, Huw Robinson, Mr Geoffrey Begg, Dame Anne Campbell, Mr Ronnie Jackson, Glenda Roy, Mr Frank Benn, rh Hilary Champion, Sarah James, Mrs Siân C. Ruane, Chris Benton, Mr Joe Chapman, Jenny Jamieson, Cathy Ruddock, rh Dame Joan Berger, Luciana Clark, Katy Jarvis, Dan Sarwar, Anas 95 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 96

Sawford, Andy Twigg, Stephen Hands, rh Greg Morris, Anne Marie Seabeck, Alison Umunna, Mr Chuka Harper, Mr Mark Morris, David Sharma, Mr Virendra Vaz, rh Keith Harrington, Richard Morris, James Shuker, Gavin Vaz, Valerie Harris, Rebecca Mosley, Stephen Skinner, Mr Dennis Watson, Mr Tom Hart, Simon Mowat, David Slaughter, Mr Andy Watts, Mr Dave Harvey, Sir Nick Munt, Tessa Smith, Angela Whitehead, Dr Alan Haselhurst, rh Sir Alan Murray, Sheryll Smith, Nick Williamson, Chris Hayes, rh Mr John Murrison, Dr Andrew Smith, Owen Wilson, Phil Heald, Oliver Neill, Robert Spellar, rh Mr John Winnick, Mr David Heath, Mr David Newmark, Mr Brooks Stringer, Graham Winterton, rh Ms Rosie Heaton-Harris, Chris Newton, Sarah Stuart, Ms Gisela Woodcock, John Henderson, Gordon Nokes, Caroline Tami, Mark Woodward, rh Mr Shaun Hendry, Charles Norman, Jesse Thomas, Mr Gareth Wright, David Herbert, rh Nick O’Brien, rh Mr Stephen Thornberry, Emily Wright, Mr Iain Hoban, Mr Mark Offord, Dr Matthew Trickett, Jon Tellers for the Ayes: Hollingbery, George Ollerenshaw, Eric Turner, Karl Tom Blenkinsop and Hollobone, Mr Philip Opperman, Guy Twigg, Derek Nic Dakin Holloway, Mr Adam Ottaway, rh Sir Richard Horwood, Martin Paice, rh Sir James Howarth, Sir Gerald Parish, Neil NOES Howell, John Paterson, rh Mr Owen Adams, Nigel Coffey, Dr Thérèse Hughes, rh Simon Pawsey, Mark Afriyie, Adam Colvile, Oliver Hunt, rh Mr Jeremy Penning, rh Mike Aldous, Peter Cox, Mr Geoffrey Huppert, Dr Julian Penrose, John Amess, Mr David Davey, rh Mr Edward Hurd, Mr Nick Percy, Andrew Andrew, Stuart Davies, David T. C. Jackson, Mr Stewart Perry, Claire Arbuthnot, rh Mr James (Monmouth) Javid, Sajid Phillips, Stephen Bacon, Mr Richard Davies, Glyn Jenkin, Mr Bernard Pickles, rh Mr Eric Baker, Norman de Bois, Nick Johnson, Gareth Pincher, Christopher Baker, Steve Djanogly, Mr Jonathan Johnson, Joseph Poulter, Dr Daniel Baldry, rh Sir Tony Dorrell, rh Mr Stephen Jones, Andrew Pritchard, Mark Baldwin, Harriett Dorries, Nadine Jones, rh Mr David Pugh, John Barclay, Stephen Doyle-Price, Jackie Jones, Mr Marcus Raab, Mr Dominic Barker, rh Gregory Drax, Richard Kawczynski, Daniel Randall, rh Sir John Baron, Mr John Duddridge, James Kelly, Chris Reckless, Mark Barwell, Gavin Duncan Smith, rh Mr Iain Kirby, Simon Redwood, rh Mr John Bebb, Guto Dunne, Mr Philip Knight, rh Sir Greg Rees-Mogg, Jacob Beith, rh Sir Alan Ellis, Michael Kwarteng, Kwasi Reid, Mr Alan Bellingham, Mr Henry Ellison, Jane Lamb, Norman Rifkind, rh Sir Malcolm Benyon, Richard Ellwood, Mr Tobias Lancaster, Mark Robertson, Mr Laurence Berry, Jake Elphicke, Charlie Lansley, rh Mr Andrew Rogerson, Dan Bingham, Andrew Evans, Graham Latham, Pauline Rudd, Amber Birtwistle, Gordon Evans, Jonathan Laws, rh Mr David Ruffley, Mr David Blackman, Bob Evennett, Mr David Leadsom, Andrea Rutley, David Blackwood, Nicola Fabricant, Michael Lee, Jessica Sanders, Mr Adrian Blunt, Mr Crispin Fallon, rh Michael Lee, Dr Phillip Sandys, Laura Boles, Nick Farron, Tim Lefroy, Jeremy Scott, Mr Lee Bottomley, Sir Peter Foster, rh Mr Don Leslie, Charlotte Selous, Andrew Brady, Mr Graham Francois, rh Mr Mark Letwin, rh Mr Oliver Shelbrooke, Alec Brake, rh Tom Freeman, George Lewis, Brandon Simpson, Mr Keith Bray, Angie Freer, Mike Lewis, Dr Julian Skidmore, Chris Brazier, Mr Julian Fullbrook, Lorraine Liddell-Grainger, Mr Ian Smith, Chloe Bridgen, Andrew Fuller, Richard Lidington, rh Mr David Smith, Henry Brine, Steve Garnier, Sir Edward Lilley, rh Mr Peter Smith, Julian Brokenshire, James Garnier, Mark Lopresti, Jack Smith, Sir Robert Brooke, Annette Gauke, Mr David Loughton, Tim Soames, rh Nicholas Browne, Mr Jeremy Gibb, Mr Nick Luff, Sir Peter Spelman, rh Mrs Caroline Bruce, Fiona Gilbert, Stephen Lumley, Karen Spencer, Mr Mark Bruce, rh Sir Malcolm Gillan, rh Mrs Cheryl Maude, rh Mr Francis Stanley, rh Sir John Burns, rh Mr Simon Glen, John Maynard, Paul Stephenson, Andrew Burrowes, Mr David Goldsmith, Zac McCartney, Jason Stevenson, John Burt, Lorely Grant, Mrs Helen McIntosh, Miss Anne Stewart, Bob Cable, rh Vince Gray, Mr James McPartland, Stephen Stewart, Iain Campbell, rh Sir Menzies Greening, rh Justine McVey, rh Esther Stewart, Rory Carmichael, Neil Grieve, rh Mr Dominic Menzies, Mark Streeter, Mr Gary Carswell, Mr Douglas Griffiths, Andrew Mercer, Patrick Stride, Mel Chishti, Rehman Gummer, Ben Miller, rh Maria Stuart, Mr Graham Chope, Mr Christopher Gyimah, Mr Sam Mills, Nigel Stunell, rh Sir Andrew Clappison, Mr James Halfon, Robert Mitchell, rh Mr Andrew Sturdy, Julian Clark, rh Greg Hames, Duncan Moore, rh Michael Swales, Ian Clarke, rh Mr Kenneth Hammond, Stephen Mordaunt, Penny Swayne, rh Mr Desmond Clifton-Brown, Geoffrey Hancock, Matthew Morgan, Nicky Syms, Mr Robert 97 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 98

Tapsell, rh Sir Peter Wharton, James Docherty, Thomas Love, Mr Andrew Teather, Sarah Wheeler, Heather Donohoe, Mr Brian H. Lucas, Caroline Thornton, Mike White, Chris Doran, Mr Frank Lucas, Ian Thurso, John Wiggin, Bill Doughty, Stephen Mactaggart, Fiona Timpson, Mr Edward Williams, Mr Mark Dowd, Jim Malhotra, Seema Tomlinson, Justin Williams, Roger Doyle, Gemma Marsden, Mr Gordon Turner, Mr Andrew Williams, Stephen Dromey, Jack McCabe, Steve Tyrie, Mr Andrew Williamson, Gavin Dugher, Michael McCann, Mr Michael Uppal, Paul Willott, Jenny Eagle, Maria McCarthy, Kerry Vaizey, Mr Edward Wilson, Mr Rob Edwards, Jonathan McClymont, Gregg Vara, Mr Shailesh Wilson, Sammy Efford, Clive McDonagh, Siobhain Vickers, Martin Wollaston, Dr Sarah Elliott, Julie McDonald, Andy Villiers, rh Mrs Theresa Wright, Jeremy Ellman, Mrs Louise McDonnell, John Walker, Mr Charles Wright, Simon Engel, Natascha McFadden, rh Mr Pat Wallace, Mr Ben Yeo, Mr Tim Esterson, Bill McGovern, Alison Ward, Mr David Young, rh Sir George Evans, Chris McGuire, rh Mrs Anne Watkinson, Dame Angela Tellers for the Noes: Field, rh Mr Frank McKenzie, Mr Iain Weatherley, Mike Mark Hunter and Fitzpatrick, Jim McKinnell, Catherine Webb, Steve Anne Milton Flello, Robert Meacher, rh Mr Michael Flint, rh Caroline Meale, Sir Alan Fovargue, Yvonne Mearns, Ian Question accordingly negatived. Francis, Dr Hywel Miller, Andrew Gapes, Mike Mitchell, Austin New Clause 19 Gardiner, Barry Moon, Mrs Madeleine Gilmore, Sheila Morris, Grahame M. Glindon, Mrs Mary (Easington) PROMOTING HEALTH OF CARERS Goodman, Helen Mudie, Mr George ‘(1) In exercising their functions health bodies shall— Greatrex, Tom Munn, Meg (a) promote and safeguard the health and well-being of Green, Kate Murphy, rh Paul carers; Greenwood, Lilian Murray, Ian (b) ensure that effective procedures exist to identify Griffith, Nia Nandy, Lisa patients who are or are about to become carers; Gwynne, Andrew O’Donnell, Fiona (c) ensure that appropriate systems exist to ensure that Hain, rh Mr Peter Onwurah, Chi carers receive appropriate information and advice; Hamilton, Mr David Osborne, Sandra and Hamilton, Fabian Owen, Albert (d) ensure that systems are in place to ensure that the Hanson, rh Mr David Pearce, Teresa relevant general medical services are rendered to their Harris, Mr Tom Perkins, Toby patients who are carers.’.—(Liz Kendall.) Havard, Mr Dai Phillipson, Bridget Healey, rh John Pound, Stephen Brought up. Hendrick, Mark Powell, Lucy Question put, That the clause be added to the Bill. Heyes, David Qureshi, Yasmin Hillier, Meg Raynsford, rh Mr Nick The House divided: Ayes 212, Noes 269. Hilling, Julie Reed, Mr Jamie Division No. 224] [7.26 pm Hodge, rh Margaret Reed, Mr Steve Hoey, Kate Reeves, Rachel AYES Hood, Mr Jim Reynolds, Emma Abbott, Ms Diane Burden, Richard Hopkins, Kelvin Reynolds, Jonathan Abrahams, Debbie Burnham, rh Andy Howarth, rh Mr George Riordan, Mrs Linda Ainsworth, rh Mr Bob Campbell, rh Mr Alan Hunt, Tristram Robertson, John Alexander, rh Mr Douglas Campbell, Mr Ronnie Irranca-Davies, Huw Robinson, Mr Geoffrey Alexander, Heidi Caton, Martin Jackson, Glenda Roy, Mr Frank Ali, Rushanara Champion, Sarah James, Mrs Siân C. Ruane, Chris Allen, Mr Graham Chapman, Jenny Jamieson, Cathy Ruddock, rh Dame Joan Ashworth, Jonathan Clark, Katy Jarvis, Dan Sarwar, Anas Austin, Ian Clarke, rh Mr Tom Johnson, rh Alan Sawford, Andy Balls, rh Ed Clwyd, rh Ann Johnson, Diana Seabeck, Alison Banks, Gordon Cooper, Rosie Jones, Graham Sharma, Mr Virendra Barron, rh Kevin Cooper, rh Yvette Jones, Helen Shuker, Gavin Beckett, rh Margaret Corbyn, Jeremy Jones, Mr Kevan Skinner, Mr Dennis Begg, Dame Anne Crausby, Mr David Jones, Susan Elan Slaughter, Mr Andy Benn, rh Hilary Creasy, Stella Kane, Mike Smith, Angela Benton, Mr Joe Cruddas, Jon Kaufman, rh Sir Gerald Smith, Nick Berger, Luciana Cryer, John Keeley, Barbara Smith, Owen Betts, Mr Clive Cunningham, Alex Kendall, Liz Spellar, rh Mr John Blears, rh Hazel Cunningham, Mr Jim Khan, rh Sadiq Stringer, Graham Blunkett, rh Mr David Cunningham, Sir Tony Lammy, rh Mr David Stuart, Ms Gisela Brennan, Kevin Danczuk, Simon Lavery, Ian Tami, Mark Brown, Lyn David, Wayne Lazarowicz, Mark Thomas, Mr Gareth Brown, rh Mr Nicholas De Piero, Gloria Leslie, Chris Thornberry, Emily Brown, Mr Russell Denham, rh Mr John Lewell-Buck, Mrs Emma Timms, rh Stephen Bryant, Chris Dobbin, Jim Llwyd, rh Mr Elfyn Trickett, Jon Buck, Ms Karen Dobson, rh Frank Long, Naomi Turner, Karl 99 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 100

Twigg, Derek Wilson, Sammy Howell, John Paterson, rh Mr Owen Twigg, Stephen Winnick, Mr David Hughes, rh Simon Pawsey, Mark Umunna, Mr Chuka Winterton, rh Ms Rosie Hunt, rh Mr Jeremy Penning, rh Mike Vaz, rh Keith Woodcock, John Hunter, Mark Penrose, John Vaz, Valerie Woodward, rh Mr Shaun Huppert, Dr Julian Percy, Andrew Watson, Mr Tom Wright, David Hurd, Mr Nick Perry, Claire Watts, Mr Dave Wright, Mr Iain Jackson, Mr Stewart Phillips, Stephen Whitehead, Dr Alan Tellers for the Ayes: Javid, Sajid Pickles, rh Mr Eric Williamson, Chris Tom Blenkinsop and Jenkin, Mr Bernard Pincher, Christopher Wilson, Phil Nic Dakin Johnson, Gareth Poulter, Dr Daniel Johnson, Joseph Pritchard, Mark Jones, Andrew Pugh, John NOES Jones, rh Mr David Raab, Mr Dominic Adams, Nigel Doyle-Price, Jackie Jones, Mr Marcus Randall, rh Sir John Afriyie, Adam Drax, Richard Kawczynski, Daniel Reckless, Mark Aldous, Peter Duddridge, James Kelly, Chris Redwood, rh Mr John Amess, Mr David Duncan Smith, rh Mr Iain Kirby, Simon Rees-Mogg, Jacob Andrew, Stuart Dunne, Mr Philip Kwarteng, Kwasi Reid, Mr Alan Arbuthnot, rh Mr James Ellis, Michael Lamb, Norman Robertson, Mr Laurence Baker, Norman Ellison, Jane Lancaster, Mark Rogerson, Dan Baker, Steve Ellwood, Mr Tobias Lansley, rh Mr Andrew Rutley, David Baldry, rh Sir Tony Elphicke, Charlie Latham, Pauline Sanders, Mr Adrian Baldwin, Harriett Evans, Graham Laws, rh Mr David Sandys, Laura Barclay, Stephen Evans, Jonathan Leadsom, Andrea Scott, Mr Lee Baron, Mr John Evennett, Mr David Lee, Dr Phillip Shelbrooke, Alec Bebb, Guto Fabricant, Michael Lefroy, Jeremy Simpson, Mr Keith Beith, rh Sir Alan Fallon, rh Michael Leslie, Charlotte Skidmore, Chris Bellingham, Mr Henry Farron, Tim Letwin, rh Mr Oliver Smith, Chloe Benyon, Richard Foster, rh Mr Don Lewis, Brandon Smith, Henry Berry, Jake Francois, rh Mr Mark Lewis, Dr Julian Smith, Julian Bingham, Andrew Freeman, George Liddell-Grainger, Mr Ian Smith, Sir Robert Birtwistle, Gordon Freer, Mike Lidington, rh Mr David Soames, rh Nicholas Blackman, Bob Fullbrook, Lorraine Lilley, rh Mr Peter Spelman, rh Mrs Caroline Blackwood, Nicola Fuller, Richard Lopresti, Jack Spencer, Mr Mark Blunt, Mr Crispin Garnier, Sir Edward Luff, Sir Peter Stanley, rh Sir John Boles, Nick Garnier, Mark Lumley, Karen Stephenson, Andrew Bottomley, Sir Peter Gauke, Mr David Maude, rh Mr Francis Stevenson, John Brady, Mr Graham Gibb, Mr Nick Maynard, Paul Stewart, Bob Brake, rh Tom Gillan, rh Mrs Cheryl McCartney, Jason Stewart, Iain Bray, Angie Glen, John McIntosh, Miss Anne Stewart, Rory Brazier, Mr Julian Goldsmith, Zac McPartland, Stephen Stride, Mel Bridgen, Andrew Grant, Mrs Helen McVey, rh Esther Stuart, Mr Graham Brine, Steve Gray, Mr James Menzies, Mark Sturdy, Julian Brokenshire, James Greening, rh Justine Mercer, Patrick Swales, Ian Brooke, Annette Grieve, rh Mr Dominic Miller, rh Maria Swayne, rh Mr Desmond Browne, Mr Jeremy Griffiths, Andrew Mills, Nigel Syms, Mr Robert Bruce, Fiona Gummer, Ben Milton, Anne Tapsell, rh Sir Peter Bruce, rh Sir Malcolm Gyimah, Mr Sam Mitchell, rh Mr Andrew Teather, Sarah Buckland, Mr , Robert Moore, rh Michael Thornton, Mike Burns, rh Mr Simon Hames, Duncan Mordaunt, Penny Thurso, John Burrowes, Mr David Hammond, Stephen Morgan, Nicky Timpson, Mr Edward Burt, Lorely Hancock, Matthew Morris, Anne Marie Tomlinson, Justin Cable, rh Vince Hands, rh Greg Morris, David Turner, Mr Andrew Campbell, rh Sir Menzies Harper, Mr Mark Morris, James Tyrie, Mr Andrew Carmichael, Neil Harris, Rebecca Mosley, Stephen Uppal, Paul Carswell, Mr Douglas Hart, Simon Mowat, David Vaizey, Mr Edward Chishti, Rehman Harvey, Sir Nick Mulholland, Greg Vara, Mr Shailesh Chope, Mr Christopher Haselhurst, rh Sir Alan Munt, Tessa Vickers, Martin Clappison, Mr James Hayes, rh Mr John Murray, Sheryll Villiers, rh Mrs Theresa Clark, rh Greg Heald, Oliver Murrison, Dr Andrew Walker, Mr Charles Clifton-Brown, Geoffrey Heath, Mr David Neill, Robert Wallace, Mr Ben Coffey, Dr Thérèse Heaton-Harris, Chris Newmark, Mr Brooks Ward, Mr David Colvile, Oliver Hemming, John Newton, Sarah Watkinson, Dame Angela Cox, Mr Geoffrey Henderson, Gordon Nokes, Caroline Weatherley, Mike Davey, rh Mr Edward Hendry, Charles Norman, Jesse Webb, Steve Davies, David T. C. Herbert, rh Nick O’Brien, rh Mr Stephen Wharton, James (Monmouth) Hoban, Mr Mark Offord, Dr Matthew Wheeler, Heather Davies, Glyn Hollingbery, George Ollerenshaw, Eric White, Chris de Bois, Nick Hollobone, Mr Philip Opperman, Guy Wiggin, Bill Djanogly, Mr Jonathan Holloway, Mr Adam Ottaway, rh Sir Richard Williams, Mr Mark Dorrell, rh Mr Stephen Horwood, Martin Paice, rh Sir James Williams, Roger Dorries, Nadine Howarth, Sir Gerald Parish, Neil Williams, Stephen 101 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 102

Williamson, Gavin Yeo, Mr Tim (d) transparency and fitness for purpose of resource Willott, Jenny Young, rh Sir George allocation and similar methodologies for determining Wilson, Mr Rob the level of personal budgets and direct payments; Wollaston, Dr Sarah Tellers for the Noes: (e) type and quality of engagement by local authorities Wright, Jeremy Gavin Barwell and with provider organisations, service users and carers, Wright, Simon Amber Rudd prior to procurement action; and (f) ability of provider organisations to meet their statutory Question accordingly negatived. obligations, in particular paying employees at or above the national minimum wage. Clause 17 (3) The review will report and make recommendations to the Secretary of State within twelve months of Commencement of ASSESSMENT OF FINANCIAL RESOURCES Part 1 of this Act.’.—(Paul Burstow.) Amendments made: 1, page 16, line 40, leave out ‘will Brought up, and read the First time. not’ and insert ‘is not permitted to, or may (but need not),’. Paul Burstow: I beg to move, That the clause be read Amendment 2, page 17, line 4, leave out ‘will not’ a Second time. and insert ‘is not permitted to, or may (but need not),’.—(Norman Lamb.) Mr Deputy Speaker (Mr Lindsay Hoyle): With this it will be convenient to discuss the following: Clause 26 New clause 10—Exercise of functions— ‘When exercising functions under section 31 (Urgent procedure PERSONAL BUDGET for suspension, variation etc.) of the Health and Social Care Act Amendment made: 3, page 25, line 5, at end insert— 2008, the Care Quality Commission may not take account of its ‘(4) Regulations may make provision for excluding costs to a functions under section 83 (Trust special administration: appointment local authority from a personal budget if the costs are incurred in of administrator) of this Act.’. meeting needs for which the authority— New clause 12—CQC duty to support integration of (a) does not make a charge, or social and health care— (b) is not permitted to make a charge.’.—(Norman Lamb.) ‘In exercising the functions and duties set out in section 90 (Performance ratings), the Commission must act always to Clause 34 require, enable and encourage the provision of health services in ways that support and facilitate the functions and duties of— DEFERRED PAYMENT AGREEMENTS AND LOANS (a) local authorities set out in section 3 (Promoting Amendments made: 4, page 31, line 5, after ‘amount’ integration of care and support with health services insert ‘or loan’. etc.) of this Act, Amendment 5, page 31, line 7, after ‘amount’ insert (b) the NHS Commissioning Board set out in section ‘or loan’.—(Norman Lamb.) 23(1) 13N (The NHS Commissioning Board: further provision) of the Health and Social Care Act 2012, Clause 72 and (c) clinical commissioning groups set out in section 26 PART 1 APPEALS (14Z1) (Clinical commissioning groups: general Amendment made: 6, page 64, line 31, at end insert— duties etc.) of the Health and Social Care Act 2012 ‘(k) investigations into things done or not done by a where it considers that this— person or body with power to consider an appeal.’.— (i) improve the quality of those services (including the (Norman Lamb.) outcomes that are achieved from their provision), Clause 78 (ii) reduce inequalities between persons with respect to their ability to access those services, or DELEGATION OF LOCAL AUTHORITY FUNCTIONS (iii) reduce inequalities between persons with respect to Amendment made: 7, page 70, line 27, leave out the outcomes achieved for them by the provision paragraph (d).—(Norman Lamb.) of those services.’. New clause 27—Corporate responsibility for neglect— New Clause 8 ‘(1) This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 (a “registered CQC THEMATIC REVIEW OF LOCAL AUTHORITY care provider”) in respect of the carrying on of a regulated COMMISSIONING PRACTICES activity (within the meaning of that Part) has reasonable cause to ‘(1) The Secretary of State shall require the Care Quality suspect that an adult in their care is experiencing, or at risk of, Commission to conduct a special review and investigation under abuse and neglect. section 48 of the Health and Social Care Act 2008 into the (2) The registered care provider must make (or cause to be impact of local authority commissioning and procurement made) whatever enquiries it thinks necessary to enable it to practices on the quality and sustainability of adult social care. decide whether any action should be taken in the adult’s case (2) The review shall examine the— and, if so, what and by whom. (a) implementation and operation of sector-led improvement; (3) Where abuse or neglect is suspected, the registered care (b) transparency of decision-making in determining rates provider is responsible for informing the Safeguarding Adults for care and support services including the setting of Board in its area and commits an offence if (without reasonable arbitrary ceilings on the amounts local authorities cause) it fails to do so. will pay for care and support services and the use of (4) A registered care provider is guilty of an offence if the way time and task-orientated contract specifications; in which its activities are managed or organised by its board or (c) impact of procurement action on the diversity and senior management neglects, or is a substantial element in, the quality of care and support services; existence and or possibility of abuse or neglect occurring. 103 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 104

[Mr Deputy Speaker] (b) provide or arrange confidential advice and support for persons working in the health and social care sector (5) A person guilty of an offence under this section is liable on considering making a disclosure in the public conviction to imprisonment for a term not exceeding two years, interest, or to a fine, the range of which will be specified by regulations, or (c) provide or arrange advice and support for persons in to both.’. the sector who have made such a disclosure, and New clause 28—Review of protections for persons in (d) monitor the treatment, employment and re-employment the health and social care sector making disclosures in the of persons mentioned in paragraph (c) within the public interest— sector. ‘(1) Within six months of this Act receiving Royal Assent, the (3) The Commissioner shall report to the Secretary of State, Secretary of State must make arrangements for an independent with recommendations— review of— (a) on any issue within the Commissioner’s remit as she/he (a) the adequacy and effectiveness of provisions for the sees fit, protection of persons employed within the health (b) making an assessment of the extent to which persons and social care sector who make disclosures in the and bodies within the sector are protecting and promoting public interest (whistleblowers) about matters of a culture of candour, with particular reference to the concern to their employer, a prescribed person or treatment, employment and re-employment within body or another person or body; the sector of persons who have previously made a (b) the treatment and experience of past whistleblowers; disclosure in the public interest. and (4) The Secretary of State shall lay a copy of the (c) the need and opportunities to improve existing protections. Commissioner’s annual report before each House of Parliament (2) The review shall take account of— accompanied by an explanatory statement setting out the steps that the Government plan to take to remediate any shortcomings (a) the efficacy of existing legal provisions, policies, procedures identified by the Commissioner.’. and practices for the protection of whistleblowing and whistleblowers and access to redress for Amendment 19, in clause 90, page 81, line 27, at end whistleblowers who suffer adversely consequent upon insert— their disclosures; ‘(2A) The Commission must, in respect of such English local (b) the available evidence on— authorities as may be prescribed— (i) the impact of whistleblowing on changes in health (a) conduct reviews of the provision of such adult social and social care standards; and services provided or commissioned by the authorities (ii) the treatment of whistleblowers over the last 20 as may be prescribed; years; and (b) assess the performance of the authorities following (c) other matters as required by the Secretary of State. each such review; and (3) The Secretary of State shall arrange for a report with (c) publish a report of its assessment. recommendations (or an interim report as may be required) from this review to be prepared and laid before each House of (2B) Regulations under subsection (2A) may prescribe— Parliament within 12 months of the review commencing.’. (a) all adult social services of a particular description; and New clause 29—Duty to minimise harm— (b) all local authorities or particular local authorities.’. ‘In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (2)(b) insert— Paul Burstow: This part of the Bill and this group of (c) ensuring that the likelihood of harm befalling persons new clauses and amendments are all about ensuring in respect of whom a regulated activity is taking that the system delivers the best possible quality of care place is reduced as far as possible.”.’. and that, when things go wrong, it is clear how the New clause 30—Mandatory incident reporting and situation is to be corrected and what penalties will be patient safety management systems— faced by those who have let people down and, in some ‘In section 20 of the Health and Social Care Act 2008 cases, treated them in an appalling way. There is much (regulation of regulated activities), after subsection (3)(k) in this part of the Bill that is to be applauded, although insert— the nature of the Report stage of a Bill means that we (l) impose requirements as to the reporting by all providers often do not applaud a Bill much, because we are of regulated activities to the affected persons or their focusing on the things that we want to amend further. representative and family of incidents occurring in New clause 8 deals with a subject that was also a the carrying out of such activities which lead to the— feature of our discussions in Committee—namely, the (i) death; concern that the commissioning role of too many local (ii) unexpected deterioration of condition; and authorities, and the discharge of their responsibilities (iii) introduction of a new adverse condition in respect of the person, regardless of the severity of the for planning for the care and support needs in their new condition and the short and long term communities, had degenerated into little more than impact on the person; crude procurements and, worse still, in some cases just (m) impose a requirement for the preparation and publication spot purchasing of care services. In some local authorities, by all providers of regulated services of a safety there was no sense of strategy or of engagement with management system plan.”.’. the local population, and there were no pragmatic New clause 33—Candour Commissioner— conversations with provider organisations ahead of a ‘(1) The Secretary of State shall establish an Office of the Care procurement process. There was no real sense of how to Commissioner for Candour and Disclosures in the Public shape the market to deliver the best possible outcome Interest (the “Candour Commissioner’s Office”). from the point of view of the wider public interest. (2) The Candour Commissioner shall have duties to— Those concerns were expressed a number of times in (a) protect and promote a culture of candour and disclosure Committee, and they have been echoed throughout all in the public interest in the health and care services the stages of the Bill. They were certainly strongly sector, expressed by a number of the representative bodies of 105 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 106 provider organisations when they gave evidence to the but for the whole population who might need care and Joint Committee scrutinising the Bill. Of all the evidence support but will be funding it themselves. I do not see sessions in that Joint Committee, the one that sticks how local authorities can satisfactorily discharge that with me is the one at which the provider organisations new and important responsibility if there is not also a gave evidence. There was a palpable sense of the fairly critical examination of commissioning practices deterioration, and even the collapse, of relationships themselves. That is why I have tabled the new clause. between local authorities and providers as a consequence of the commissioning not being done well in some Andrew George: My right hon. Friend is making an organisations. excellent case. There is another reason why it is essential My new clause is designed to address a concern that inspection in that area becomes paramount, and expressed by a number of organisations about a change that is because of the drivers in the system itself that that the Government made to the Bill in the other place. discourage avoidable hospital and community hospital In that change, they removed from the legislation that admissions and seek the earliest possible discharge into established the Care Quality Commission the provision the community. What we have is a scenario in which for periodic reviews of the performance of local authorities people are being cared for in their homes, in an “out of in regard to their statutory duties on care and support. I sight, out of mind” environment, so inspections become am prepared to accept the arguments that the Minister all the more important because of the need to ensure made before removing that provision, but only if we that they are safe— can have much greater certainty that the Care Quality Commission will undertake regular thematic reviews of Mr Deputy Speaker (Mr Lindsay Hoyle): Order. Paul care and support services. Burstow. New clause 8 sets out a number of the things that I Paul Burstow: My hon. Friend makes an important think such a thematic review should include. For example, point— we have established a regime for sector-led improvement whereby local authorities can seek peer review of their Mr Deputy Speaker: I think he made a speech. delivery of quality commissioning of care and support services. It is working well in some places, but there is Paul Burstow: I defer to you on that point, Mr Deputy certainly evidence that it is not in others. There is a Speaker. concern that arrangements will be made that allow an New clause 8 would ensure first, that there is an inadequate level of peer review and, frankly, people to examination of how sector-led improvement is working; get away with not doing the right thing. That is why a secondly, that the concern about rates for care, which back-stop provision allowing thematic reviews is absolutely we touched on when we debated new clause 15, is essential, and why ideally I would like the CQC to be looked at, particularly time and task commissioning independent in its judgment on that, rather than beholden and procurement; and thirdly, that the way in which to Ministers to authorise it. That is not the situation we resource allocation formula are drafted and how they are in, but the new clause would have us look at those operate—an issue that came up in my Committee’s issues. inquiry into the Bill—and the fact that they are often I was told by a provider that I met at an event which very opaque to the public, with regard to what is and is the United Kingdom Homecare Association organised not in them when it comes to determining the level of with me that CQC inspectors positively discourage a personal budget, are absolutely crucial to the quality comments about local authority commissioning. If a of the care someone might be able to receive. provider has a concern about how they are being constricted, arguably inappropriately, by a commissioner’s decision 7.45 pm or practice and tries to raise that with an inspector, they are told, “That is not a matter for us.” It is absolutely a New clause 10 deals with an interesting unintended matter for the CQC. I hope the Minister can say something consequence of some of the changes the Government about what he will say to the CQC on that issue. It have made to this part of the Bill. The new clause is seems to me that understanding the intervention of intended to bring some clarity to the process whereby commissioners is a really important part of gathering the CQC decides that there is an urgent requirement to intelligence about the robustness of a local care economy, take regulatory action to protect the safety of patients. and the best way to gather that intelligence, at least in The powers it has in that respect are set out in the part, is by inspectors being open to being told about Health and Social Care Act 2008. The new clause is that. needed because the Bill establishes a parallel enforcement regime for NHS trusts and foundation trusts, under Mr Stephen Dorrell (Charnwood) (Con): Does which the CQC has the power to make a recommendation my right hon. Friend agree that it is a matter of not to the NHS Trust Development Authority or Monitor only looking at how competently a local authority that a trust be placed in special administration. The commissioning process is commissioning the service as CQC therefore has two enforcement regimes at its disposal: we know it, but thinking beyond that and enlarging the first, the one set out in the 2008 Act, which allows it to role of commissioning in changing the balance in the take enforcement action; and secondly, the one that the system of care delivery? Care Bill introduces, which will allow it to request another organisation to take enforcement action instead. Paul Burstow: Absolutely. That is why the duty on I made a number of points in Committee about the market shaping set out in the Bill is about stretching the attempt to use the special administration regime on local authority to take that wider population-level interest, quality grounds. I made three simple arguments. First, and not only for the people for whom they will arrange special administration is not a particularly suitable process care and for whose care and support needs they will pay, for addressing quality failures, and I suspect that it will 107 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 108 never be used in that way in practice. Secondly, on a illustrated, as have those of other Government Members. related point, the triggers for using the special administration It is essential that the Government take action to address regime on quality grounds are not clear, which introduces the issues before the House. an element of uncertainty into the regulatory process. I The main issue I wish to raise this evening is the think that a lack of clarity and consistency in enforcement ability of the Care Quality Commission to inspect the powers is a hallmark of an ineffective regulation system commissioning of adult care services by local authorities. in the first place. Thirdly, special administration is A number of new clauses and amendments have been intended to be used in the Care Bill only for NHS-owned tabled, and rather than examine each in extensive detail, organisations, which introduces a rather odd asymmetry it will be better for colleagues if I speak to the principles in regulatory powers, which is not underpinned by any at the heart of the issue. It is, however, crucial that we evidence that I have seen in arguing for the change. understand the background to this group of new clauses Whatever the merits of those arguments, however, I and amendments. believe that the Minister needs to address the extra layer In 2010, the Government announced the cessation of of complexity that is being added to the enforcement annual performance assessments. On application that has regime through the Bill. Where once the CQC alone resulted in the CQC no longer inspecting the commissioning could take action to address quality failures, now the practices of local authorities. One consequences of that CQC, Monitor or the NHS Trust Development Authority has been for local authorities to peer review voluntarily can take action on NHS organisations. I think that that the services provided by neighbouring local authorities, complexity, which was a cause of concern in the Francis and that in turn has resulted in the creation of a kind of review, needs to be addressed further. I hope that the opacity, or a climate of perverse incentives. Local authorities Minister will be able to address that. are more likely to give a neighbouring authority the The purpose of new clause 10 is simple: to ensure benefit of the doubt on such issues. Co-operation has that in the most serious cases of failure, when the CQC become the default in the sector, and although that believes that there is a risk to patient safety, it can, should be welcomed to a degree, there is a disincentive should and must ignore all the added complexity created for any local authority to raise issues of poor care in an by the measure in the Bill and default to its powers to adjoining local authority on which it might rely for protect patients as set out in the 2008 Act. I hope that assistance and other services. Given the financial strain the Minister will be able to confirm that there is a clear on local authorities as austerity bites, they are forced to order of precedence for how the regulator should act. merge functions—and more—with each other, meaning Finally, new clause 12 deals with the CQC and that the disincentive is likely to persist for the time being integration. It simply seeks to do something that we did at least. not do in the Health and Social Care Act 2012. That As was pointed out and discussed in some detail in Act, largely because of colleagues on the Government Committee, a strong effective regulator is as essential Benches and concerns from the Health Committee and in the health and social care system as in any other others, has built into it duties on every part of the sector—perhaps even more so. Only through thorough system to integrate wherever possible, with health and and effective monitoring and enforcement can patients wellbeing boards, clinical commissioning groups, NHS have confidence in the services they receive, or exercise England, the National Institute for Health and Clinical an informed choice when choosing those services. That Excellence and so on—it is hard-wired into the system. is why the previous Government legislated for the creation However, because the Bill we were taking through of the first ever independent regulation of the NHS, Parliament in 2011 was not really focused on the role of and what is today the Care Quality Commission. the CQC, we did not add that clarity of purpose on Regulatory oversight is an iterative process that by its integration into its DNA. I think that is something the very nature tends to be more active in taking remedial CQC wants to do. I know that the Minister has been action than preventive action. It is the responsibility of sympathetic to that in the discussions we had in Committee. every Member of the House to ensure that the regulator This is simply about saying that it is not good enough is given the tools and resources it requires to be as for a regulator simply to regulate institutions in the proactive as possible in preventing problems not just in interests of patients. The interests of patients are the the future following care failures, but before any failures journeys they have through the system and the quality occur in the first place. In short, the best regulatory and experience of the care they receive. That is better systems are intelligent and proactive. That is why it is defined by the way in which different organisations that essential that the Care Quality Commission should be they will rely on for that care are collaborating and allowed proactively to inspect and review the commissioning working together. Therefore, we need to see the creation of adult social care undertaken by local authorities. It is of more measures along those lines. one thing to inspect the service provided—clearly that is I could elaborate further on these points, but I am important—but more information could be revealed, conscious of the time. I hope that the Minister will be and better regulation resulting in better services would able to give us some further words of reassurance, not be enabled, if the regulator could inspect the process of least about the discussion that I think he has had with service commissioning. the chair of the CQC since our deliberations in Committee. When a service fails, we need to understand the root causes of such a failure. How has a poor service come to Mr Jamie Reed (Copeland) (Lab): I thank the right pass? Is it down to a poor operator, a poor service hon. Member for Sutton and Cheam (Paul Burstow) for provider, or is the local authority not commissioning getting this extensive group of new clauses and amendments the right service in the right way? Under the Bill, only under way. I understand that he shares a lot of the once a pattern of poor care is identified can the CQC concerns felt by Labour Members, and the concerns of apply to the Secretary of State for permission to undertake the Chair of the Health Committee have also been a special review. There are a number of issues with that. 109 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 110

First, the quality of care would have to be extremely are quickly becoming the default option for care, rather low for a consistent period to allow a pattern of poor than being used in extreme circumstances—we must all care to be identified, and that does not provide the best surely hear complaints about the consequences and level of protection for service users suffering from effects of such an approach in our surgeries; I certainly inadequate care services. Secondly, the CQC would do so. have to bear a significant burden to prove such a pattern Amendment 19 would give the CQC oversight of before undertaking a special review. Such a burden will commissioning practices and lead to an improvement in consume time and resource, while again prolonging the care, and new clause 8 would put a duty on the CQC to time during which service users may be receiving inadequate undertake a review into commissioning practices within levels of care. a year of the commencement of part 1 of the proposed When the Minister responds, will he outline what Act. While that would be worth while in the short threshold of proof would be required for a Secretary of to medium term, to be useful in the longer term the State to grant the CQC permission for such a review, CQC must be able to repeat inspections when it and say whether that has been modelled within the deems appropriate, not just when the Secretary of State Department at any stage? Surely such issues have been requires it. considered. What mitigation does the Bill contain to Clause 89 is entitled: prevent poor levels of care from continuing to be provided while investigations into care standards are ongoing? “Independence of the Care Quality Commission”. How does the proposed model fit the Ofsted model? On Everyone across the House agrees with that principle the face of it, it does not appear to fit it at all, because except, it would appear, the Government in relation to Ofsted does not wait for schools to fail before stepping this part of the Bill. Rather than giving the CQC in. I think—the Minister knows my views on this—that independence to inspect commissioning services routinely, such a comparison has never been accurate and that they are placing a shackle of ministerial approval on strained and unnatural is a more precise description. inspections that the CQC may deem necessary. That The whole House will appreciate hearing the defence of cannot be right, and to my mind it contradicts everything a regulatory system that regulates only once failure has that the Government have said over the past 12 months occurred. regarding the need for CQC independence. As the Bill stands, it would appear that current provisions New clause 27 is tabled in the name of my hon. are best suited for remedial action to address instances Friend the Member for Blaenau Gwent (Nick Smith). It of failure. The Bill addresses only actions to be taken would create an offence of corporate responsibility for following poor care, but does not give the necessary neglect, which could see directors of care providers face freedom to the CQC to act to prevent poor care from jail if their management of a service led to abuse or occurring in the first instance. That puts a limit on the neglect. I pay tribute to my hon. Friend’s work on this practices of the CQC, and on application would mean issue, and I know he works tirelessly helping those who that the inspection of commissioning would take place have suffered as a result of neglect in the adult social only in special circumstances. My fear is that we are care system. He does superb work in the House and is a knowingly legislating for a leaden-footed regulatory credit to his constituency and his illustrious predecessors. regime—hence the need for amendment 19. It is right that we do everything in our power to ensure The roots of care failures could be lodged firmly in that those who abuse or neglect people in care are held the process of commissioning, and it is right that an to account. We put an inordinate amount of trust and independent regulator has the ability and duty to inspect faith in care providers, and if that trust is betrayed by all issues relating to the quality of provision before wilful neglect or mismanagement, the perpetrators should failures occur. Amendment 19 seeks to address the face real punishment. These services are provided for Government’s clear oversight in that regard. It would some of the most vulnerable people in our society, and give the CQC more freedom to explore all aspects of harm brought about by neglect must be punished. I care provision, rather than just quality, at the point would be grateful if the Minister would speak more where care is administered, and it would provide the about those issues, and say how the Government intend scope for whole-system inspection. Problems can manifest to address them. much earlier in the process of care provision than the point at which care is received, and as such those (Bristol North West) (Con): I shall problems must be dealt with earlier. The only way that speak to new clauses 28, 29, 30 and 33, which stand in is possible is for the CQC to be able to assess the quality my name and those of other hon. Members from both of local authority commissioning. sides of the House. If the Government seek to oppose amendment 19, I would be grateful if the Minister would explain why he There is a huge amount to welcome in the Bill, and thinks that the rather fudged clause in the Bill should on Second Reading I welcomed the steps in part 2 to remain unamended. The commissioning of services is implement many of the recommendations in the Francis clearly linked to the quality of service provided, so to report. I said at the time that although there has been limit CQC oversight to just one aspect, as in the Bill, is a good progress, there remains a lot more to do, which is flawed approach that knowingly turns a blind eye to the reason behind the new clauses. I have tabled four other parts of the system, which are ultimately responsible new clauses—two on whistleblowing and two on patient for the standard of care provided. safety. Those are both vital areas that we must get right. The consequence of refusing to address the issues I welcome the measures that the Government have surrounding commissioning clearly results in the problems taken to improve protection for whistleblowers, including illustrated earlier by my hon. Friend the Member for changes to the Public Interest Disclosure Act 1998 and Leicester West (Liz Kendall). A lack of oversight has the banning of gagging clauses. Whistleblowers are not meant that 15-minute visits and zero-hours contracts only individuals who are able to see where things have 111 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 112

[Charlotte Leslie] If a whistleblower’s complaint were vindicated, a white flag would go up next to their name. Any employer gone wrong when others around them have perhaps within the sector who did not give the whistleblower a gone native and begun to accept the unacceptable, but job would have to say why they are not the right person they are people with the moral backbone and courage for the job. I was hoping that such an amendment to speak out when things are wrong. It is hugely important would go some way to working against the unofficial that we have a culture where people do not need to blacklist that so many of our brave whistleblowers face. become whistleblowers, because their complaints are My other proposals are on patient safety. New clause 29 taken up far earlier and they do not need to go down is on zero harm. We have learned, tragically, in the past routes outside the usual complaints process. We should few months of things that happened over the past have a culture where people are encouraged to speak decade. We would not have expected to have to put out, and where raising concerns is seen as a good thing. minimum requirements of care in law, but they should have been put down in law, because, sadly, on too many 8pm occasions, those basic standards and requirements of As I have said, there are still far too many whistleblower humanity were breached. New clause 29 would put zero cases and there is a lot more to do. That is illustrated by harm—the Hippocratic oath—into law to ensure that the fact that the Secretary of State had to step in last they are not breached. week to intervene in a whistleblower case. The Select Committee on Health was told that the chief executive New clause 30 would introduce mandatory incident of NHS England, Sir David Nicholson, will personally reporting and patient safety management systems. It intervene in such cases to champion whistleblowers. It is would permit the Government to introduce regulations interesting that Sir David is revelling is imminent freedom to ensure that all health care providers tell the patient or to mock the Secretary of State and some of his NHS their family during a patient’s care when death, deterioration England colleagues when he does not seem to have been of condition or the introduction of a new condition that proactive in stepping in to champion whistleblowers occurs. That is not necessarily for blame, but simply for previously. I very much hope that his successor proves information. The worst thing is that when mistakes more effective on that front, but I digress. happen—they will; that is natural in something as difficult as health care—families are not told. That is damaging There is an awful lot more to do. The key thing about to our NHS. If mistakes happen, families must be told. new clause 28 is that it would introduce a report on Even if a deterioration occurs and is not a mistake but a whistleblowing. That would provide an audit of how natural course of events, the family should be told the Government’s recommendations and new policy clearly what has occurred. The new clause would place affects things on the ground, which would be welcome a requirement on all providers to publish a patient to the Government, whistleblowers and hospitals in safety management system, which many good providers general. It would also provide a valuable arena in which do, to describe clearly their procedures for ensuring that historical whistleblowing cases can be looked at. That patients are kept safe. Good providers already do that, would provide a kind of truth and reconciliation process but it should be a minimum requirement for all providers. for many who have not seen justice, including victims of bad care and their families, and whistleblowers who Those would be valuable added safeguards to clause 80. have tried to highlight cases. Crucially, we could look at As we have seen, with the best of intentions and optimism, how those whistleblowers were treated and where they minimum humane standards have not been met. I believe are now. Far too many do not go on to be gainfully that the proposals should be included in the Bill to employed, but they should be the first people to be provide a facility by which those who do not abide by employed in their sector—I will say more on that in a such minimum care standard are held to account. moment. We can also look at whether their concerns have been taken up and whether anything has changed. Nick Smith (Blaenau Gwent) (Lab): New clause 27 One of the most common complaints is that nothing would establish an offence of corporate neglect. The changes after whistleblower cases, when people have problem needs to be tackled following police Operation risked their livelihood to speak up against something Jasmine in south-east Wales. That six-year investigation and try to change things. The proposal would provide of care-home abuse cost £11.6 million. Three care workers an opportunity to look at why those changes are never were prosecuted, but the owners—in my view, they were made and what we can do about it. The report could real culprits—escaped punishment owing to legal hurdles. make recommendations to the Secretary of State on That is not acceptable. One patient had appalling sores. how to ameliorate that. They were so infected that the bone underneath was visible. I was deeply shocked at the photographs of neglect New clause 33 deals with what happens to whistleblowers I was shown from the case. The then deputy chief and the role of candour. It would introduce a candour constable of Gwent police said: commissioner for health and social care to report annually on the culture, which is so damaging to our NHS, “There is a likelihood that there are cases like this occurring whereby problems are hidden as opposed to being brought every day…across the country”. out into the disinfectant of sunshine. The annual review New clause 27 would ensure that care providers are in would give confidence to whistleblowers that someone no doubt that their primary responsibility is the care of independent takes them seriously. The measure might their residents. It is supported by Age UK and was begin to deal with the toxic problem of whistleblowers recommended by the Joint Committee on the draft being effectively surreptitiously blacklisted because they Care and Support Bill, which conducted pre-legislative are not re-employed in their sector. scrutiny. One amendment I wanted to table—it was outside I accept that the Government’s proposals to strengthen the scope of the Bill—would have meant that, instead the Care Quality Commission will go a significant way of a blacklist, there would be a white list of whistleblowers. to preventing horrific abuses such as those at Winterbourne 113 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 114

View, but without the offence of corporate neglect, the to raise it. The culture of the ship was such that it proposals do not do enough. In the Winterbourne View allowed that individual to take the steps necessary to case, the longest sentence for a staff member—they cover the risk. In a sense, the story is most telling pleaded guilty to nine charges of ill treating patients—was because the concern was misplaced but the individual two years. That sentence is mirrored in other cases. It is was celebrated for having had the courage to take only fair that an equal sentence is available in cases of action. That is the kind of culture that we should have corporate neglect. in the health and care system. I do not agree that we need a candour commissioner: Mr Tom Clarke (Coatbridge, Chryston and Bellshill) it is part of the core function of the Care Quality (Lab): I have listened with great interest to my hon. Commission’s inspections of health and care provider Friend, as I did to the hon. Member for Bristol North institutions to make an assessment of whether that West (Charlotte Leslie). Given that many such awful culture exists in an institution. If that culture does not incidents involve people with learning disabilities, will exist, it is hard to see how that institution can deliver the he assure me that he has very much in mind their views standards of care that we would all want to see. as well as those of their advocates and families, and that My main reason for speaking is to pick up the points they will be embraced by the legislation, particularly if raised by my right hon. Friend the Member for his proposals are agreed to? Richmond— Nick Smith: I assure my right hon. Friend that the Paul Burstow: Sutton and Cheam. new clause refers to all adults, so takes on board the people he mentions. Mr Dorrell: Forgive me—the right part of London, but the wrong constituency. Subsection (4) of the new clause seeks to strengthen protection. It would ensure that, if abuse were found to My right hon. Friend is on to an important point and have an element of corporate responsibility, and if I shall listen with care to what the Minister has to say in systems or the approaches taken by the care provider reply. We have been arguing for the best part of a are a contributory factor in the abuse or neglect, the quarter of a century about the role of commissioners, new offence would allow the prosecution of a registered not just in the social care sector but across the health care provider. The Government have the opportunity to and care sector. As my right hon. Friend said, in different shape the culture of the care sector in the Bill tonight. parts of the Health and Social Care Act 2012 this commitment to what is, in the jargon, called integration, but what I prefer to call joined-up services, is introduced Grahame M. Morris: In Committee, the Minister said into different parts of the system. Rightly, my right that he supported the sentiment of the proposal. Does hon. Friend wants to include it in the terms of reference my hon. Friend accept that, although the new fit and of the Care Quality Commission, but we need to think proper person test and the new fundamental standards beyond just introducing it as an add-on into bits of are important, they do not make provision for a custodial legislation, the prime purpose of which lies elsewhere. sentence for proprietors, managers and directors of such establishments in such cases? In my view we have no choice—and I do not particularly want a choice—but to create a health and care system Nick Smith: My hon. Friend has got to the nub of the that puts more emphasis on prevention, on community issue. Managers and directors of organisations such as services and on joining those services to the rest of the care homes have to accept that they set the culture of health and care provider network. For a quarter of a those places, and that they are responsible for looking century we have been seeking, rather spasmodically and after the residents in their care, and for avoiding neglect under Governments of all political complexions, to and abuse. If they get it wrong, they should face the build a commissioner system charged with delivering possibility of a jail sentence. That is what the new clause that type of care system. Ministers need to rise to the would do. challenge of showing how we move from where we are today towards a commissioning system that is fit for We must go that extra mile to ensure that our safeguards purpose to deliver that type of care outcome. The deliver for care home residents. New clause 27 would system that we operate is often described as fragmented, greatly help that cause and. I intend to divide the House and we all know that different parts of the system are on the measure. indeed fragmented. But the fragmentation is worst in the commissioning institutions. We have social service Mr Dorrell: I want to speak primarily to the new authorities that are responsible for commissioning social clauses moved by my right hon. Friend the Member for care, and in the next sentence of our speeches we say Richmond, but first I wish to comment on the speech that that is the same thing as community services, but by my hon. Friend the Member for Bristol North West those are commissioned by CCGs. In the next breath, (Charlotte Leslie), who has been a consistent advocate we say that community health is the same as primary of the importance of ensuring that we have a culture in health, but that is commissioned by NHS England. As our health and care system that creates space for whistle- they say in the modern jargon, “Talk me through it.” blowers, not because we want a world full of whistleblowers, How do we deliver properly joined-up services if the but because we want an open culture—as she rightly people responsible for commissioning the service are so says—in which the whistleblower is redundant. fragmented? The example often cited in this area comes from the US Navy. A junior rating prevented flying from an 8.15 pm aircraft carrier because he was concerned about a safety Paul Burstow: My right hon. Friend is making a very element. As it happened, the concern was misplaced, important point, which he has pursued vigorously as but the rating was celebrated because he had the courage Chair of the Select Committee. Does he agree that 115 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 116

[Paul Burstow] I always add the social housing people. In a properly joined-up service, they would focus their attention on part of the evolution that needs to take place is an the needs of the individual patient service user—an extension of the role that we originally envisaged for awful piece of terminology; we cannot work out precisely health and wellbeing boards, so that they become what to call them. the place where these matters come together? The I wish to highlight a bit of institutional tension. My default should be changed to one that presumes right hon. Friend the Member for Sutton and Cheam integration and joined-up services, rather than the other proposes that this is a function for the CQC, but I am way around. not entirely convinced. A tension underlying several contributions this evening relates to whether the Mr Dorrell: I agree with the thought that my right CQC is the regulator of a provider, or an organisation hon. Friend identifies. I have been choosing my words with responsibility for charting the course, which I am with care—I hope—in inviting the Minister to chart a looking for from the Minister, towards a new form of course towards a more joined-up concept of commissioning. commissioning. The CQC has a full job to do responding Almost as I offer my critique of the commissioning to some of the things that my hon. Friend the Member structures, I can feel officials in the Box writing the next for Bristol North West was talking about—culture and version of the legislation that will have another go at service quality on the provider side—and I am not providing the perfect solution to deliver something that persuaded that trying to manoeuvre it into the space of is better than we have ever dreamt up before. I emphasise developing the kind of joined-up commissioning service that what I am looking for from the Minister is a route I am describing is the right answer to that question. map or journey—a process, not an event—and preferably one that builds on existing institutions rather than Norman Lamb: I reassure my right hon. Friend that I committing what I regard as the mistake of starting want to chart the course with him. I completely agree again with a clean sheet of paper. on the need to bring commissioning together. The better care fund is a good nudge in the right direction, but we Grahame M. Morris: The idea that the right hon. need to go much further in due course. Gentleman propagates, which he has long held—that fragmentation is a bad thing and integration and joined-up Mr Dorrell: I am grateful to the Minister for his services are a good thing—is one that I subscribe to, but encouragement that I am on the right path. does he share my concerns at reports that the commissioning functions through the clinical commissioning groups There is a serious question here. I agree with my right are to be privatised? Is that likely to make for more hon. Friend the Member for Sutton and Cheam that, joined-up services or greater fragmentation? at a local level, the health and wellbeing board is the organisation best placed to move forward with the process of more joined-up commissioning. How we, Mr Dorrell: The hon. Gentleman knows that I do not as MPs, satisfy ourselves that this is happening to the entirely share his concern about who holds the share required standard, with the required levels of economic certificate for a particular service. I am more concerned efficiency across the system as a whole and above about the accountability of a public authority for the the level of the health and wellbeing board, is one of the use of public money to deliver a public service. On that, questions left unanswered by the institutions we currently the hon. Gentleman and I are probably as one. I am also have. I am not entirely persuaded that the CQC should concerned that the system, from the perspective of the be encouraged into what I regard as a vacuum. patient and service user, does not rely on them finding their way under their own steam through an impenetrable morass, but is designed with their needs and instincts in Mrs Lewell-Buck: I will speak to amendment 19 and mind. That is a test that our current system simply does echo some of the excellent comments made by my hon. not pass and has not passed for many years. Friend the Member for Copeland (Mr Reed). Amendment 19 would reinstate the Care Quality Mr Tom Clarke: The right hon. Gentleman speaks Commission’s duty to inspect the commissioning of with enormous authority on these matters. On the issue adult social care services by local authorities. The case of community care, does he agree that for many years for the amendment is very simple: the quality of we have talked about joint planning, which is essential if commissioning has a huge impact on the quality of care community care is to be delivered? Does he feel that, that people receive. It is extremely important that our even with the Bill and the proposed new clauses, the adult social care system includes checks to ensure that commission would have sufficient authority to ensure commissioning is of a high standard. At present, this is that it works as efficiently and sensitively as the House not the case. would expect? The current model of sector-led improvement introduced by this Government in 2010 leaves it to local authority Mr Dorrell: No, I do not believe that simply empowering peer reviews to identify failure. In practice, this means the Care Quality Commission to go into that space is that neighbouring authorities that already work in close the answer to the question that I am posing. My right collaboration inspect each other, but only when a hon. Friend the Member for Sutton and Cheam (Paul neighbouring authority volunteers for inspection. Of Burstow) is closer to the right answer in identifying course, local authorities that are confident in their the health and wellbeing board at a local level as the commissioning practices are happy to volunteer themselves beginnings of an organisation that can deliver a more for scrutiny, but what about those that do not volunteer? joined-up commissioning process, joining up the social It is surely those authorities that we should be most care system, the community health system, the primary concerned about, yet under the current system they are health system and, of course, the hospital service—and not subject to proper oversight. Worryingly, the majority 117 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 118 of authorities have not been assessed under the peer not want to be critical of any local authority’s will to review scheme. In total, 127 local authorities have not ensure the well-being of their service users, but I know had their commissioning reviewed since 2010. We would from personal experience that these departments face not allow this type of reckless leniency with any other intense pressure. If something is not built into the service that looks after our most vulnerable. I am certain system, it is less of a priority. If departments know that that it should not continue. the CQC will not be knocking on the door this year, It is clear that when it comes to inspecting local they will concentrate on more urgent matters—trust authorities’ commissioning practices, some uniformity me, in adult social care there are always urgent matters. and impartiality are needed. The CQC is best positioned Knowing that they are subject to regular oversight to carry out that duty. Certainly, the chief executive of makes departments foster a culture of good practice. the CQC thinks so, commenting that he has not In discussions I have had with providers and “spoken to any national provider association who doesn’t think commissioners, they say they are in favour of reinstating councils should be inspected” the clause. Commissioners, whose day job is to fill gaps and believes that in services and to do so in the most cost-effective way, are worried that their decisions are not properly scrutinised, “the removal of that power from CQC was seen as a retrograde and that any mistakes they may unwittingly make will step”. go unchallenged. Providers want it to be clear when they When this proposal was raised in Committee, the Minister are at fault or when failure is down to poor commissioning. insisted that it was unnecessary. He argued that CQC They do not want under-resourced providers to be punished inspection of providers could identify patterns of poor simply because the rates that they receive from the local commissioning that would be grounds for a special review. authority are too low to provide decent care. I remain puzzled about why, although in June last Mr Tom Clarke: My hon. Friend is making a convincing year the Minister admitted that sector-led improvement case. I have a background in local government. Does had serious shortcomings for weaker-performing councils she agree that if statutory obligations are placed on and, presumably because of his doubts, the Bill originally local authorities, it is important that that they should be included the new clause, yet in October, for some reason, followed by the appropriate resources, but that that is it was removed on Report in the other place, and the not always the case? Minister has now moved from being in favour of CQC inspection of commissioning to being against it. I was Mrs Lewell-Buck: I agree completely, and I will echo also puzzled when the Minister repeated his concern my right hon. Friend’s comments later in my speech. about sector-led improvement in Committee. Following I have some doubts about how effective CQC inspection an intervention from the right hon. Member for Sutton of providers would be in practice. It is not clear at what and Cheam (Paul Burstow), he said that he shared the point the CQC would recognise that poor provision was right hon. Gentleman’s view that caused by poor commissioning practices. A handful of “the danger with sector-led improvement is that those bodies who poor examples could be just that, or it could be evidence are up for change and improvement take part and those who are of a more systemic problem. Given the need for the dysfunctional and failing do not engage.” —[Official Report, Care Secretary of State’s approval before a special review is Public Bill Committee, 28 January 2014; c. 442.] undertaken, I am concerned that the threshold of proof Given that the CQC, providers and commissioners—along needed will be extremely high. Furthermore, CQC with the Minister— recognise the blind spots that exist inspectors will not visit all providers in a single local in the sector-led improvement system, I hope that the authority area at the same time. In practice, it could Minister is open to convincing on the issue. If he is not take some months before information is collated and a convinced, I hope that he will be able to explain what he pattern of failure detected that might indicate sub-standard could not explain in Committee, namely why he and commissioning. There is also a doubt about who will be the Government changed their minds. joining up the dots to link months’ worth of inspections to a local area’s commissioning practices. In short, how 8.30 pm will anyone ever know that poor providers are linked to poor commissioning by a particular local authority? Norman Lamb: Let me begin by thanking all Members The reality is that by the time the CQC recognises that for their contributions to the debate. there is a case for a special review, numerous safeguarding Part 2 of the Bill contains a range of measures to issues could have arisen. implement the Francis recommendations following the I am concerned that, under the model the Minister awful events at the Mid Staffordshire NHS Foundation advocated in Committee, action will be taken only Trust. The changes that we are introducing are intended once patterns of poor care have already taken root in a to make a reality of Robert Francis’s recommendation local authority. Surely that is the wrong way round. We that the NHS, and indeed all care services and those need to prevent poor care arising from substandard who work in them, should adopt and demonstrate a commissioning, rather than wait for problems to become shared culture in which the patient is always the priority. embedded in the system. This not only makes sense I accept the principle that lies behind new clause 8 financially: from a safeguarding perspective, it is essential. and amendment 19, but the oversight of commissioning I am concerned that without rigorous oversight, social is not the core purpose of the CQC. I want the CQC’s care departments will find it easier to allow standards main focus to be on providers and the quality of care to slip. provided for patients and service users. Any review or In Committee, the Minister argued that the duty for investigation of commissioning of services by the CQC local authorities to consider well-being would incentivise will have an impact on its capacity to oversee service good practice. I do not believe that this is enough. I do provision, and should be selected with care. It is therefore 119 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 120

[Norman Lamb] will review evidence of concerns about local authorities’ commissioning practice to establish whether it is appropriate right for any CQC special review or investigation of to ask the CQC to undertake a targeted review under commissioning to continue to be either at the request section 48 of the Health and Social Care Act 2008. of, or subject to the approval of, Ministers—in the case Getting the message out to commissioners that the of reviews of local authority commissioning, the Secretaries powers will be used is important in itself to concentrate of State for both Health and Communities and Local minds. They will be under the spotlight if they fail in Government. their commissioning responsibilities. I want to make my position absolutely clear. If there New clause 12 would require the CQC to consider is strong evidence of a link between commissioning and integration of care as part of its performance assessments poor care, the CQC will be able to examine it. of registered providers of health and adult social care. In Committee, my right hon. Friend the Member for Paul Burstow rose— Sutton and Cheam made a strong case for the new system of performance ratings to be carried out by the Mrs Lewell-Buck rose— CQC to look at care pathways, rather than focusing on separate institutions in isolation. He makes a very good Norman Lamb: I will give way to my right hon. case. I explained that a central tenet for the Government Friend the Member for Sutton and Cheam (Paul Burstow) is that the independence of the CQC improves its first. effectiveness as a regulator. Clause 89 removes nine separate powers for the Secretary of State to intervene Paul Burstow: I apologise for getting in just before the in the day-to-day workings of the commission, and we hon. Lady. have deliberately removed the Secretary of State’s power May I return to a point that I raised in my opening to devise or approve the system for performance assessments remarks? At present, inspectors disavow the opportunity and ratings. of providers to give them the evidence to which the The CQC has to be responsible for the system of Minister has referred. They say that they are not interested performance assessment that it introduces, and placing in it. Will the Minister ensure that the CQC and its specific requirements on the commission in legislation inspectors are open and receptive to such evidence would not help in that regard. That is not to say that the when providers offer it to them? CQC should not look into the integration of care. I told the Committee that I would pursue that matter in my Norman Lamb: Subject to the fact that the CQC is an discussions with the CQC, and I have done so. I have independent body, I will certainly reinforce that point in spoken to the CQC chair, David Prior, and to the chief my discussions with it. In the context of mental health, executive. I am pleased to say that in that regard we are we were discussing with the CQC only last week the pushing at an open door. They absolutely understand importance of the role of commissioning as well as that the case that my right hon. Friend makes. of provision. I entirely accept that good care can be In recent weeks, the commission’s chief executive, provided only if we get both the commissioning side David Behan, has set out plans for the CQC to carry and the provider side right: the two must go together. out thematic inspections to look at the care pathways Is it appropriate to set out the specifics of a review of for different conditions. One such thematic programme commissioning in the Bill? I do not believe that it is. will look at how people with dementia are handled by Flexibility is vital. While the CQC has a power to conduct relevant services in a geographical area—acute health special reviews and investigations of commissioning, care, primary health care and adult social care, for that must be set in the context of other measures in the example. Another is looking at how people move across Bill that will strengthen the duties that local authorities transition points, such as when a disabled child becomes must fulfil in exercising their care and support functions. an adult—a point at which too often services fall down.

Mrs Lewell-Buck: Perhaps I am being impatient—the Minister may deal with this point later in his speech—but Mr Tom Clarke: The Minister has outlined that he I should like to know who will routinely review local wants to work with the commission, local authorities authority commissioning. If no one will be doing that, and others in these important matters. Does he agree how will the CQC know that poor commissioning is that there are issues on which organisations such as taking place in a local authority area? Mencap have a lot to contribute? Would he see the Government’s approach on those matters as being inclusive in that respect? Norman Lamb: I take very seriously the point that the hon. Lady has raised, but if she will allow me to continue to present my argument, I shall be happy to Norman Lamb: I totally agree with the right hon. return to it later if necessary. Gentleman. The more that we talk to organisations The important new measures include an express duty with expertise such as Mencap when we are designing to promote people’s well-being—a duty to shape local the commissioning and inspecting of facilities, the better care markets to ensure that they are sustainable and we are at the job that we do. We must not think that we diverse, and offer high quality care and support. The have all the answers in Whitehall. Department will work with the local government and A future thematic review could consider the integration adult social care sector to produce statutory guidance of health and social care services either in a particular on local authority commissioning of care and support. location or across a particular condition. I am keen that However, a CQC review of commissioning remains an the commission pursue that further, but, as I say, I think option. I reassure right hon. and hon. Members that we that we are pushing at an open door in that regard. 121 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 122

New clause 33 would create the new post of candour Skills, have recently carried out “The Whistleblowing commissioner for England. The commissioner would Framework: Call for Evidence”. This call for evidence is be tasked with protecting and promoting a culture of part of a review of the effectiveness of the legislation candour and disclosure in the health and social care around whistleblowing, specifically considering whether sectors, an ambition that I think we would all share. The the protections available in the Public Interest Disclosure Government are taking steps to make a culture of Act 1998 for those wishing to raise concerns are effective. candour and openness a reality. We will put in place a Members of the public and experts have been asked to statutory duty of candour on providers registered with submit evidence to BIS’s review. The findings will be the CQC—I am personally delighted that we are doing published this spring. My Department has submitted that. That will require providers of health and social evidence to this review on behalf of the health and care care to be open with patients and service users where sectors, having taken the views of the professional regulatory there are failings in care. bodies, but I do not support putting a commitment in I commend to the House the excellent review of the primary legislation to undertake a review such as the duty of candour by Professor Norman Williams and one suggested in the amendment. Sir David Dalton, which was published last week. We New clause 10 relates to the single failure regime for will consider the recommendations of the review—I NHS trusts and foundation trusts. I repeat the assurance repeat that I thought it was excellent—as we develop given in Committee that where the chief inspector of regulations to implement the duty of candour as a hospitals finds that patients are exposed to an immediate requirement for registration with the CQC. We are also risk of harm, he will continue to be able to take swift enhancing the professional duty of candour through and decisive action under section 31 of the Health and changes to professional guidance and codes. Social Care Act 2008. This new clause would prevent the Effective whistleblowing and complaints systems are CQC from being able to trigger trust special administration vital parts of an open and transparent culture. As the on quality grounds while it was using its powers under Committee Chair, my right hon. Friend the Member for section 31. The chief inspector needs to be able to draw Charnwood (Mr Dorrell), pointed out, what we are on the full range of the CQC’s powers to ensure regulatory after is a system in which whistleblowing is no longer action is appropriate in each case. We must not set necessary because the culture is open. That will help unnecessary constraints on the CQC’s ability to address to improve public and patient safety and the quality of failings in quality. There may well be situations where services provided. the CQC needs urgently to suspend a particular service This Government support the right of staff working and also to consider trust special administration to in the NHS to raise concerns and expect all NHS ensure that high quality services can be sustained. organisations to support staff who wish to do so. NHS Let me make it clear that the CQC will be able to organisations have to have in place policies that are trigger trust special administration only where there has compliant with whistleblowing legislation. Also, the been a serious failure of quality and it is appropriate to CQC’s new inspection system will include discussions do so. There are a number of ways to support trusts with hospitals about how they deal with whistleblowers, to improve, ensuring that special administration is only and the CQC is reviewing its arrangement for handling the last resort. Monitor and the NHS Trust Development whistleblowing concerns. The CQC’s national adviser Authority have a range of intervention powers and for patient safety has recently established, and chairs, a can also place trusts and foundation trusts in special forum of whistleblowers, so the CQC understands the measures to provide a package of measures to support issue and recognises its central role in this regard. improvement. I am sure that my hon. Friend the Member for Bristol North West (Charlotte Leslie) will agree with me that 8.45 pm we will only achieve the change in culture that we are Paul Burstow: The Minister mentioned that a number seeking by creating champions for candour and openness of measures may be taken pre-failure in order to avoid throughout every tier of every organisation—people the failure regime being triggered. Before tomorrow’s who really believe in openness in both health and adult debate on clause 119, will he supply the measures by social care. Promoting and protecting candour is the way of example, so that we can debate those very issues? business of every member of staff in health and social care. Indeed, the Dalton-Williams review prefaced Norman Lamb: I am happy to ensure that a note goes its discussion of the candour threshold with a clear to my right hon. Friend and other Members, as he requests. recommendation to establish a culture of candour based New clauses 29 and 30 would introduce a power to on training and support of staff and more accurate create new requirements for registration with the CQC, reporting of safety incidents. one requiring providers to minimise the risk of harm to I would also point out that the creation of a new patients and service users, and the other requiring providers office of candour commissioner would need funding. to inform patients and their representatives where treatment Given the measures we are already putting in place to leads to harm, and to prepare a safety management support candour, I am not convinced that a candour plan. Section 20 of the Health and Social Care Act 2008 commissioner would be the best use of finite resources. sets out the areas in which the Government may impose, New clause 28 would require the Secretary of State to through regulations, requirements on providers registered commission an independent review of whistleblowing with the CQC. It is a broad power and expressly allows arrangements within six months of this Bill coming into regulations for force. I recognise that reviews, as suggested in this “securing the health, safety and welfare of persons” amendment, can play a key role in ensuring that legislation for whom services are provided. This is broad enough to is operating as intended—a form of post-legislative include minimising harm to patients. In addition, it scrutiny. It is for this reason that the Government, expressly includes a power for the registration requirements through the Department for Business, Innovation and to cover 123 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 124

[Norman Lamb] regulated activity (within the meaning of that Part) has reasonable cause to suspect that an adult in their care is experiencing, or at “the manner in which a regulated activity is carried on”, risk of, abuse and neglect. which would cover a requirement to prepare a safety (2) The registered care provider must make (or cause to be management plan. made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult’s case and, if so, Clause 80 also places a duty on the Government to what and by whom. introduce a new registration requirement of informing (3) Where abuse or neglect is suspected, the registered care patients and service users where there have been failings provider is responsible for informing the Safeguarding Adults in their care—the duty of candour. I hope that I have Board in its area and commits an offence if (without reasonable reassured my hon. Friend the Member for Bristol North cause) it fails to do so. West that the power already exists to include the proposed (4) A registered care provider is guilty of an offence if the way areas in the CQC registration requirements. in which its activities are managed or organised by its board or My Department is consulting on draft regulations to senior management neglects, or is a substantial element in, the existence and or possibility of abuse or neglect occurring. put in place new fundamental standards as requirements for registration with the CQC. These would require (5) A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding two years, providers to take “appropriate steps” to mitigate the or to a fine, the range of which will be specified by regulations, or risks of service users receiving care that is “inappropriate to both.’.—(Nick Smith.) or unsafe”. We plan to consult shortly on a new duty of Brought up, and read the First time. candour requirement. We will, of course, develop the final regulations, which will be subject to the affirmative Question put, That the clause be read a Second time. procedure, in the light of the comments received in the The House divided: Ayes 217, Noes 265. planned consultation. Division No. 225] [8.50 pm Finally, I support the sentiment behind new clause 27, that providers of care services should be held to account AYES where they allow abuse or neglect, and that there should Abbott, Ms Diane Cunningham, Mr Jim be serious consequences where this occurs. Under the Abrahams, Debbie Cunningham, Sir Tony fundamental standards on which we are consulting at Ainsworth, rh Mr Bob Danczuk, Simon the moment, all providers registered with the CQC must Alexander, rh Mr Douglas De Piero, Gloria take steps to avoid abuse and neglect, and take action Alexander, Heidi Denham, rh Mr John where those occur. Where providers are responsible for Ali, Rushanara Dobbin, Jim abuse, the CQC will be able to prosecute them. In fact, Allen, Mr Graham Dobson, rh Frank in response to Winterbourne View, I took the view that Ashworth, Jonathan Docherty, Thomas there was a gap in the regulatory framework, which did Austin, Ian Donohoe, Mr Brian H. not allow for proper corporate accountability. I felt that Balls, rh Ed Doran, Mr Frank we had to change the arrangements to ensure that Banks, Gordon Doughty, Stephen companies, trusts and other providers were held to Barron, rh Kevin Dowd, Jim account where they were responsible for abuse or neglect. Beckett, rh Margaret Doyle, Gemma We are achieving that objective. Begg, Dame Anne Dromey, Jack Benn, rh Hilary Dugher, Michael In addition, we have brought forward proposals to Benton, Mr Joe Eagle, Maria respond to the most egregious failures of care. On Berger, Luciana Edwards, Jonathan 27 February, we published our consultation on the Betts, Mr Clive Efford, Clive detailed proposals for a new criminal offence of ill-treatment Blears, rh Hazel Elliott, Julie or wilful neglect. The Berwick report was clear that this Blunkett, rh Mr David Ellman, Mrs Louise offence should apply to individuals and organisations, Brennan, Kevin Engel, Natascha whether or not they are registered with the CQC. We Brown, Lyn Esterson, Bill agree with that approach, and are consulting on the Brown, rh Mr Nicholas Evans, Chris proposal. The new criminal offence, together with the Brown, Mr Russell Field, rh Mr Frank CQC’s responsibility to respond to poor quality care, is Bryant, Chris Fitzpatrick, Jim Buck, Ms Karen Flello, Robert sufficient to ensure that action is taken against unacceptable Burden, Richard Flint, rh Caroline standards of care, and that there are serious consequences Burnham, rh Andy Flynn, Paul where this occurs. Burstow, rh Paul Fovargue, Yvonne Campbell, rh Mr Alan Francis, Dr Hywel Paul Burstow: I am grateful for the Minister’s responses Campbell, Mr Ronnie Gapes, Mike to my three new clauses. I look forward to hearing what Caton, Martin Gardiner, Barry other hon. Members have to say about their provisions, Champion, Sarah Gilmore, Sheila but on the basis of the assurances I have been given, Chapman, Jenny Glindon, Mrs Mary I beg to ask leave to withdraw the clause. Clark, Katy Goodman, Helen Clause, by leave, withdrawn. Clarke, rh Mr Tom Greatrex, Tom Clwyd, rh Ann Green, Kate Cooper, Rosie Greenwood, Lilian Cooper, rh Yvette Griffith, Nia New Clause 27 Corbyn, Jeremy Gwynne, Andrew Crausby, Mr David Hain, rh Mr Peter CORPORATE RESPONSIBILITY FOR NEGLECT Creasy, Stella Hamilton, Mr David ‘(1) This section applies where a person registered under Cruddas, Jon Hamilton, Fabian Chapter 2 of Part 1 of the Health and Social Care Act 2008 Cryer, John Hanson, rh Mr David (a “registered care provider”) in respect of the carrying on of a Cunningham, Alex Harris, Mr Tom 125 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 126

Havard, Mr Dai Murphy, rh Paul Baker, Norman Garnier, Mark Healey, rh John Murray, Ian Baker, Steve Gauke, Mr David Hendrick, Mark Nandy, Lisa Baldry, rh Sir Tony George, Andrew Hepburn, Mr Stephen O’Donnell, Fiona Baldwin, Harriett Gibb, Mr Nick Heyes, David Onwurah, Chi Barclay, Stephen Gilbert, Stephen Hillier, Meg Osborne, Sandra Baron, Mr John Gillan, rh Mrs Cheryl Hilling, Julie Owen, Albert Bebb, Guto Glen, John Hodge, rh Margaret Pearce, Teresa Beith, rh Sir Alan Graham, Richard Hood, Mr Jim Perkins, Toby Bellingham, Mr Henry Grant, Mrs Helen Hopkins, Kelvin Phillipson, Bridget Benyon, Richard Gray, Mr James Howarth, rh Mr George Pound, Stephen Berry, Jake Grayling, rh Chris Hunt, Tristram Powell, Lucy Bingham, Andrew Green, rh Damian Irranca-Davies, Huw Qureshi, Yasmin Birtwistle, Gordon Greening, rh Justine Jackson, Glenda Raynsford, rh Mr Nick Blackwood, Nicola Grieve, rh Mr Dominic James, Mrs Siân C. Reed, Mr Jamie Blunt, Mr Crispin Griffiths, Andrew Jamieson, Cathy Reed, Mr Steve Boles, Nick Gummer, Ben Jarvis, Dan Reeves, Rachel Bottomley, Sir Peter Gyimah, Mr Sam Johnson, rh Alan Reynolds, Emma Bradley, Karen Halfon, Robert Johnson, Diana Reynolds, Jonathan Brady, Mr Graham Hames, Duncan Jones, Graham Riordan, Mrs Linda Brake, rh Tom Hammond, rh Mr Philip Jones, Helen Robertson, John Bray, Angie Hammond, Stephen Jones, Mr Kevan Robinson, Mr Geoffrey Brazier, Mr Julian Hancock, Matthew Jones, Susan Elan Roy, Mr Frank Brine, Steve Hands, rh Greg Kane, Mike Roy, Lindsay Brokenshire, James Harper, Mr Mark Harrington, Richard Kaufman, rh Sir Gerald Ruane, Chris Brooke, Annette Keeley, Barbara Ruddock, rh Dame Joan Hart, Simon Browne, Mr Jeremy Kendall, Liz Sarwar, Anas Harvey, Sir Nick Bruce, Fiona Khan, rh Sadiq Sawford, Andy Haselhurst, rh Sir Alan Bruce, rh Sir Malcolm Lammy, rh Mr David Seabeck, Alison Hayes, rh Mr John Buckland, Mr Robert Lavery, Ian Shannon, Jim Heald, Oliver Lazarowicz, Mark Sharma, Mr Virendra Burns, rh Mr Simon Heath, Mr David Leslie, Charlotte Shuker, Gavin Burrowes, Mr David Heaton-Harris, , Chris Skinner, Mr Dennis Burt, Lorely Hemming, John Lewell-Buck, Mrs Emma Slaughter, Mr Andy Cable, rh Vince Henderson, Gordon Llwyd, rh Mr Elfyn Smith, Angela Campbell, rh Sir Menzies Hendry, Charles Love, Mr Andrew Smith, Nick Carmichael, Neil Herbert, rh Nick Lucas, Caroline Smith, Owen Carswell, Mr Douglas Hoban, Mr Mark Lucas, Ian Spellar, rh Mr John Cash, Mr William Hollingbery, George Mactaggart, Fiona Stringer, Graham Chishti, Rehman Hollobone, Mr Philip Malhotra, Seema Stuart, Ms Gisela Clappison, Mr James Holloway, Mr Adam Marsden, Mr Gordon Tami, Mark Clark, rh Greg Horwood, Martin McCabe, Steve Thomas, Mr Gareth Clarke, rh Mr Kenneth Howarth, Sir Gerald McCann, Mr Michael Thornberry, Emily Clifton-Brown, Geoffrey Howell, John McCarthy, Kerry Timms, rh Stephen Coffey, Dr Thérèse Hughes, rh Simon McClymont, Gregg Trickett, Jon Colvile, Oliver Hunt, rh Mr Jeremy McCrea, Dr William Turner, Karl Davey, rh Mr Edward Huppert, Dr Julian McDonagh, Siobhain Twigg, Derek Davies, David T. C. Hurd, Mr Nick McDonald, Andy Twigg, Stephen (Monmouth) James, Margot McDonnell, John Umunna, Mr Chuka Davies, Glyn Jenkin, Mr Bernard McFadden, rh Mr Pat Vaz, Valerie Djanogly, Mr Jonathan Johnson, Gareth McGovern, Alison Watson, Mr Tom Dorrell, rh Mr Stephen Johnson, Joseph McGovern, Jim Watts, Mr Dave Dorries, Nadine Jones, Andrew McGuire, rh Mrs Anne Whitehead, Dr Alan Doyle-Price, Jackie Jones, rh Mr David McKenzie, Mr Iain Williamson, Chris Drax, Richard Jones, Mr Marcus McKinnell, Catherine Wilson, Phil Duddridge, James Kawczynski, Daniel Meacher, rh Mr Michael Wilson, Sammy Duncan Smith, rh Mr Iain Kelly, Chris Meale, Sir Alan Winnick, Mr David Dunne, Mr Philip Kirby, Simon Mearns, Ian Winterton, rh Ms Rosie Ellis, Michael Kwarteng, Kwasi Miller, Andrew Woodcock, John Ellison, Jane Lamb, Norman Mitchell, Austin Woodward, rh Mr Shaun Moon, Mrs Madeleine Ellwood, Mr Tobias Lancaster, Mark Wright, David Morrice, Graeme (Livingston) Elphicke, Charlie Lansley, rh Mr Andrew Wright, Mr Iain Morris, Grahame M. Evans, Graham Latham, Pauline (Easington) Tellers for the Ayes: Evans, Jonathan Laws, rh Mr David Mudie, Mr George Tom Blenkinsop and Evennett, Mr David Leadsom, Andrea Munn, Meg Nic Dakin Fabricant, Michael Lee, Jessica Fallon, rh Michael Lee, Dr Phillip NOES Farron, Tim Lefroy, Jeremy Adams, Nigel Amess, Mr David Foster, rh Mr Don Letwin, rh Mr Oliver Freer, Mike Lewis, Brandon Afriyie, Adam Andrew, Stuart Fullbrook, Lorraine Lewis, Dr Julian Aldous, Peter Arbuthnot, rh Mr James Fuller, Richard Liddell-Grainger, Mr Ian 127 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 128

Lidington, rh Mr David Sandys, Laura Clause 90 Lilley, rh Mr Peter Scott, Mr Lee Lopresti, Jack Selous, Andrew REVIEWS AND PERFORMANCE ASSESSMENTS Loughton, Tim Shelbrooke, Alec Luff, Sir Peter Simpson, Mr Keith Amendment proposed: 19, page 81, line 27, at end Lumley, Karen Skidmore, Chris insert— Maude, rh Mr Francis Smith, Chloe ‘(2A) The Commission must, in respect of such English local Maynard, Paul Smith, Henry authorities as may be prescribed— McCartney, Jason Smith, Julian (a) conduct reviews of the provision of such adult social McIntosh, Miss Anne Smith, Sir Robert services provided or commissioned by the authorities McPartland, Stephen Soames, rh Nicholas as may be prescribed; McVey, rh Esther Spelman, rh Mrs Caroline (b) assess the performance of the authorities following Menzies, Mark Spencer, Mr Mark each such review; and Mercer, Patrick Stephenson, Andrew (c) publish a report of its assessment. Miller, rh Maria Stewart, Bob (2B) Regulations under subsection (2A) may prescribe— Mills, Nigel Stewart, Iain Milton, Anne Stewart, Rory (a) all adult social services of a particular description; and Mitchell, rh Mr Andrew Streeter, Mr Gary (b) all local authorities or particular local authorities.’.— Moore, rh Michael Stride, Mel (Mr Jamie Reed.) Mordaunt, Penny Stuart, Mr Graham Question put, That the amendment be made. Morgan, Nicky Sturdy, Julian Morris, Anne Marie Swales, Ian The House divided: Ayes 220, Noes 282. Morris, David Swayne, rh Mr Desmond Division No. 226] [9.2 pm Morris, James Syms, Mr Robert Mosley, Stephen Teather, Sarah AYES Mowat, David Thornton, Mike Abbott, Ms Diane Davidson, Mr Ian Mulholland, Greg Thurso, John Abrahams, Debbie De Piero, Gloria Munt, Tessa Timpson, Mr Edward Ainsworth, rh Mr Bob Denham, rh Mr John Murray, Sheryll Tomlinson, Justin Alexander, rh Mr Douglas Dobbin, Jim Murrison, Dr Andrew Truss, Elizabeth Alexander, Heidi Dobson, rh Frank Neill, Robert Turner, Mr Andrew Ali, Rushanara Docherty, Thomas Newmark, Mr Brooks Tyrie, Mr Andrew Allen, Mr Graham Donohoe, Mr Brian H. Newton, Sarah Uppal, Paul Ashworth, Jonathan Doran, Mr Frank Nokes, Caroline Vaizey, Mr Edward Austin, Ian Doughty, Stephen Norman, Jesse Vara, Mr Shailesh Balls, rh Ed Dowd, Jim O’Brien, rh Mr Stephen Villiers, rh Mrs Theresa Banks, Gordon Doyle, Gemma Ollerenshaw, Eric Walker, Mr Charles Barron, rh Kevin Dromey, Jack Opperman, Guy Wallace, Mr Ben Beckett, rh Margaret Dugher, Michael Ottaway, rh Sir Richard Ward, Mr David Begg, Dame Anne Eagle, Maria Paice, rh Sir James Benn, rh Hilary Edwards, Jonathan Parish, Neil Watkinson, Dame Angela Benton, Mr Joe Efford, Clive Paterson, rh Mr Owen Weatherley, Mike Berger, Luciana Elliott, Julie Penning, rh Mike Webb, Steve Betts, Mr Clive Ellman, Mrs Louise Penrose, John Wharton, James Blears, rh Hazel Engel, Natascha Percy, Andrew Wheeler, Heather Blunkett, rh Mr David Esterson, Bill Perry, Claire White, Chris Brennan, Kevin Evans, Chris Phillips, Stephen Wiggin, Bill Brown, Lyn Field, rh Mr Frank Pickles, rh Mr Eric Williams, Mr Mark Brown, rh Mr Nicholas Fitzpatrick, Jim Pincher, Christopher Williams, Roger Brown, Mr Russell Flello, Robert Poulter, Dr Daniel Williams, Stephen Bryant, Chris Flint, rh Caroline Pugh, John Williamson, Gavin Buck, Ms Karen Flynn, Paul Raab, Mr Dominic Willott, Jenny Burden, Richard Fovargue, Yvonne Randall, rh Sir John Wilson, Mr Rob Burnham, rh Andy Francis, Dr Hywel Reckless, Mark Wollaston, Dr Sarah Campbell, rh Mr Alan Gapes, Mike Redwood, rh Mr John Wright, Jeremy Campbell, Mr Ronnie Gardiner, Barry Rees-Mogg, Jacob Wright, Simon Caton, Martin Gilmore, Sheila Rifkind, rh Sir Malcolm Yeo, Mr Tim Champion, Sarah Glindon, Mrs Mary Robertson, Mr Laurence Young, rh Sir George Chapman, Jenny Goodman, Helen Rogerson, Dan Clark, Katy Greatrex, Tom Rudd, Amber Tellers for the Noes: Clarke, rh Mr Tom Green, Kate Rutley, David Gavin Barwell and Clwyd, rh Ann Greenwood, Lilian Sanders, Mr Adrian Mark Hunter Cooper, Rosie Griffith, Nia Cooper, rh Yvette Gwynne, Andrew Question accordingly negatived. Corbyn, Jeremy Hain, rh Mr Peter Crausby, Mr David Hamilton, Mr David Creasy, Stella Hamilton, Fabian 9.2 pm Cruddas, Jon Hanson, rh Mr David Cryer, John Harris, Mr Tom Proceedings interrupted (Programme Order, this day). Cunningham, Alex Havard, Mr Dai The Speaker put forthwith the Question necessary for Cunningham, Mr Jim Healey, rh John the disposal of the business to be concluded at that time Cunningham, Sir Tony Hendrick, Mark (Standing Order No. 83E). Danczuk, Simon Hepburn, Mr Stephen 129 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 130

Heyes, David Nash, Pamela Bacon, Mr Richard Fallon, rh Michael Hillier, Meg O’Donnell, Fiona Baker, Norman Farron, Tim Hilling, Julie Onwurah, Chi Baker, Steve Foster, rh Mr Don Hodge, rh Margaret Osborne, Sandra Baldry, rh Sir Tony Francois, rh Mr Mark Hoey, Kate Owen, Albert Baldwin, Harriett Freeman, George Hood, Mr Jim Pearce, Teresa Barclay, Stephen Freer, Mike Hopkins, Kelvin Perkins, Toby Baron, Mr John Fullbrook, Lorraine Howarth, rh Mr George Phillipson, Bridget Barwell, Gavin Fuller, Richard Hunt, Tristram Pound, Stephen Bebb, Guto Garnier, Mark Irranca-Davies, Huw Powell, Lucy Beith, rh Sir Alan Gauke, Mr David Jackson, Glenda Qureshi, Yasmin Bellingham, Mr Henry George, Andrew James, Mrs Siân C. Raynsford, rh Mr Nick Benyon, Richard Gibb, Mr Nick Jamieson, Cathy Reed, Mr Jamie Berry, Jake Gillan, rh Mrs Cheryl Jarvis, Dan Reed, Mr Steve Bingham, Andrew Glen, John Johnson, rh Alan Reeves, Rachel Birtwistle, Gordon Goldsmith, Zac Johnson, Diana Reynolds, Emma Blackman, Bob Graham, Richard Jones, Graham Reynolds, Jonathan Blackwood, Nicola Grant, Mrs Helen Jones, Helen Riordan, Mrs Linda Blunt, Mr Crispin Gray, Mr James Jones, Mr Kevan Robertson, John Boles, Nick Grayling, rh Chris Jones, Susan Elan Robinson, Mr Geoffrey Bottomley, Sir Peter Green, rh Damian Kane, Mike Roy, Mr Frank Bradley, Karen Greening, rh Justine Kaufman, rh Sir Gerald Roy, Lindsay Brady, Mr Graham Grieve, rh Mr Dominic Keeley, Barbara Ruane, Chris Brake, rh Tom Griffiths, Andrew Kendall, Liz Ruddock, rh Dame Joan Bray, Angie Gummer, Ben Khan, rh Sadiq Sarwar, Anas Brazier, Mr Julian Gyimah, Mr Sam Lammy, rh Mr David Sawford, Andy Bridgen, Andrew Halfon, Robert Lavery, Ian Seabeck, Alison Brine, Steve Hames, Duncan Lazarowicz, Mark Shannon, Jim Brokenshire, James Hammond, rh Mr Philip Leslie, Chris Sharma, Mr Virendra Brooke, Annette Hammond, Stephen Lewell-Buck, Mrs Emma Shuker, Gavin Browne, Mr Jeremy Hancock, Matthew Llwyd, rh Mr Elfyn Skinner, Mr Dennis Bruce, Fiona Hands, rh Greg Long, Naomi Slaughter, Mr Andy Bruce, rh Sir Malcolm Harper, Mr Mark Love, Mr Andrew Smith, Angela Buckland, Mr Robert Harrington, Richard Lucas, Caroline Smith, Nick Burley, Mr Aidan Harris, Rebecca Lucas, Ian Smith, Owen Burns, rh Mr Simon Hart, Simon Mactaggart, Fiona Spellar, rh Mr John Burrowes, Mr David Harvey, Sir Nick Malhotra, Seema Stringer, Graham Burstow, rh Paul Haselhurst, rh Sir Alan Marsden, Mr Gordon Stuart, Ms Gisela Burt, Lorely Hayes, rh Mr John Cable, rh Vince Heald, Oliver McCabe, Steve Tami, Mark McCann, Mr Michael Campbell, rh Sir Menzies Heath, Mr David Thomas, Mr Gareth McCarthy, Kerry Carmichael, Neil Heaton-Harris, Chris Thornberry, Emily McClymont, Gregg Carswell, Mr Douglas Hemming, John Timms, rh Stephen McCrea, Dr William Cash, Mr William Henderson, Gordon Trickett, Jon McDonagh, Siobhain Chishti, Rehman Hendry, Charles McDonald, Andy Turner, Karl Chope, Mr Christopher Herbert, rh Nick McDonnell, John Twigg, Derek Clappison, Mr James Hoban, Mr Mark McFadden, rh Mr Pat Twigg, Stephen Clark, rh Greg Hollingbery, George McGovern, Alison Umunna, Mr Chuka Clarke, rh Mr Kenneth Hollobone, Mr Philip McGovern, Jim Vaz, rh Keith Clifton-Brown, Geoffrey Holloway, Mr Adam McGuire, rh Mrs Anne Vaz, Valerie Coffey, Dr Thérèse Horwood, Martin McKenzie, Mr Iain Watson, Mr Tom Colvile, Oliver Howarth, Sir Gerald McKinnell, Catherine Watts, Mr Dave Cox, Mr Geoffrey Howell, John Meacher, rh Mr Michael Whitehead, Dr Alan Davey, rh Mr Edward Hughes, rh Simon Meale, Sir Alan Williamson, Chris Davies, David T. C. Hunt, rh Mr Jeremy Mearns, Ian Wilson, Phil (Monmouth) Hunter, Mark Miller, Andrew Wilson, Sammy Davies, Glyn Huppert, Dr Julian Mitchell, Austin Winnick, Mr David Djanogly, Mr Jonathan Hurd, Mr Nick Moon, Mrs Madeleine Winterton, rh Ms Rosie Dorrell, rh Mr Stephen James, Margot Morrice, Graeme (Livingston) Woodcock, John Dorries, Nadine Jenkin, Mr Bernard Doyle-Price, Jackie Johnson, Gareth Morris, Grahame M. Woodward, rh Mr Shaun (Easington) Drax, Richard Johnson, Joseph Wright, David Mudie, Mr George Duddridge, James Jones, Andrew Wright, Mr Iain Munn, Meg Duncan Smith, rh Mr Iain Jones, rh Mr David Murphy, rh Paul Tellers for the Ayes: Dunne, Mr Philip Jones, Mr Marcus Murray, Ian Nic Dakin and Ellis, Michael Kawczynski, Daniel Nandy, Lisa Tom Blenkinsop Ellison, Jane Kelly, Chris Ellwood, Mr Tobias Kirby, Simon NOES Elphicke, Charlie Knight, rh Sir Greg Adams, Nigel Amess, Mr David Evans, Graham Kwarteng, Kwasi Evans, Jonathan Lamb, Norman Afriyie, Adam Andrew, Stuart Evennett, Mr David Lancaster, Mark Aldous, Peter Arbuthnot, rh Mr James Fabricant, Michael Lansley, rh Mr Andrew 131 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 132

Latham, Pauline Rifkind, rh Sir Malcolm New Clause 34 Laws, rh Mr David Robertson, Mr Laurence Leadsom, Andrea Rogerson, Dan THE HEALTH AND SOCIAL CARE INFORMATION Lee, Jessica Rutley, David CENTRE: RESTRICTIONS ON DISSEMINATION OF Lee, Dr Phillip Sanders, Mr Adrian Lefroy, Jeremy Sandys, Laura INFORMATION Leslie, Charlotte Scott, Mr Lee ‘(1) Chapter 2 of Part 9 of the Health and Social Care Act Letwin, rh Mr Oliver Selous, Andrew 2012 (the Health and Social Care Information Centre) is Lewis, Brandon Shelbrooke, Alec amended as follows. Lewis, Dr Julian Simpson, Mr Keith (2) In section 253(1) (general duties), after paragraph (c) (but Liddell-Grainger, Mr Ian Skidmore, Chris before the “and” after it) insert— Lidington, rh Mr David Smith, Chloe “(ca) the need to respect and promote the privacy of Lilley, rh Mr Peter Smith, Henry recipients of health services and of adult social care Lopresti, Jack Smith, Julian in England,”. Loughton, Tim Smith, Sir Robert (3) In section 261 (other dissemination of information), after Luff, Sir Peter Soames, rh Nicholas subsection (1) insert— Lumley, Karen Spelman, rh Mrs Caroline Maude, rh Mr Francis Spencer, Mr Mark “(1A) But the Information Centre may do so only if it Maynard, Paul Stephenson, Andrew considers that disseminating the information would be for the McCartney, Jason Stevenson, John purposes of— McIntosh, Miss Anne Stewart, Bob (a) the provision of health care or adult social care; McPartland, Stephen Stewart, Iain (b) the promotion of health.”. McVey, rh Esther Stewart, Rory (4) After section 262 insert— Menzies, Mark Streeter, Mr Gary Mercer, Patrick Stride, Mel “262A Publication and other dissemination: supplementary Miller, rh Maria Stuart, Mr Graham In exercising any function under this Act of publishing or Mills, Nigel Stunell, rh Sir Andrew otherwise disseminating information, the Information Centre must Mitchell, rh Mr Andrew Sturdy, Julian have regard to any advice given to it by the committee appointed Moore, rh Michael Swales, Ian by the Health Research Authority under paragraph 8(1) of Schedule Mordaunt, Penny Swayne, rh Mr Desmond 7 to the Care Act 2014 (committee to advise in connection with Morgan, Nicky Syms, Mr Robert information dissemination etc).”’.—(Dr Poulter.) Morris, Anne Marie Teather, Sarah Brought up, and read the First time. Morris, David Thornton, Mike Morris, James Thurso, John The Parliamentary Under-Secretary of State for Health Mosley, Stephen Timpson, Mr Edward (Dr Daniel Poulter): I beg to move, That the clause be Mowat, David Tomlinson, Justin read a Second time. Mulholland, Greg Truss, Elizabeth Munt, Tessa Turner, Mr Andrew Mr Speaker: With this it will be convenient to discuss Murray, Sheryll Tyrie, Mr Andrew the following: Murrison, Dr Andrew Uppal, Paul Amendment (a) to Government new clause 34, in Neill, Robert Vaizey, Mr Edward Newmark, Mr Brooks Vara, Mr Shailesh subsection (3), after ‘of’, insert ‘improving’. Newton, Sarah Villiers, rh Mrs Theresa Amendment (b) to Government new clause 34, in Nokes, Caroline Walker, Mr Charles subsection (3), after ‘adult social care’, insert Norman, Jesse Wallace, Mr Ben O’Brien, rh Mr Stephen ‘; and if it has satisfied itself that the recipient is competent to Ward, Mr David Offord, Dr Matthew handle the data in compliance with all statutory duties and to Ollerenshaw, Eric Watkinson, Dame Angela respect and promote the privacy of recipients of health services and adult social care.”.’. Opperman, Guy Weatherley, Mike Ottaway, rh Sir Richard Webb, Steve New clause 25—Misuse of data provided by the Health Paice, rh Sir James Wharton, James and Social Care Information Centre: offence— Wheeler, Heather Parish, Neil ‘(1) A person or entity commits an offence if they misuse, or Paterson, rh Mr Owen White, Chris negligently allow the misuse of information they have requested Pawsey, Mark Wiggin, Bill and received from the Health and Social Care Information Penning, rh Mike Williams, Mr Mark Centre. Penrose, John Williams, Roger (2) “Misuse” means— Percy, Andrew Williams, Stephen (a) using information in a way that violates the agreement Perry, Claire Williamson, Gavin with the Health and Social Care Information Centre; Phillips, Stephen Willott, Jenny Pickles, rh Mr Eric Wilson, Mr Rob (b) using information in a way that does not violate the agreement with the Health and Social Care Information Pincher, Christopher Wollaston, Dr Sarah Poulter, Dr Daniel Centre, but that gives rise to use that is outside the Wright, Jeremy agreed limits of use; or Pugh, John Wright, Simon Raab, Mr Dominic (c) using information supplied by the Health and Social Yeo, Mr Tim Randall, rh Sir John Care Information Centre in such a way as to allow or Young, rh Sir George Reckless, Mark enable individual patients to be identified by a third Redwood, rh Mr John Tellers for the Noes: party. Rees-Mogg, Jacob Anne Milton and (3) A person who is guilty of an offence under subsection (1) is Reid, Mr Alan Amber Rudd liable— (a) on summary conviction, to an unlimited fine; Question accordingly negatived. (b) on conviction on indictment, to imprisonment for not more than two years or a fine, or both. 133 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 134

(4) An entity who is guilty of an offence under subsection (1)— The Health and Social Care Act 2012, which established (a) is liable to an unlimited fine; and the Health and Social Care Information Centre, introduced (b) must disclose the conviction on all future applications a raft of safeguards to balance the huge benefits that to access data from the Health and Social Care linking health and care data can bring. That offered Information Centre.’. people greater protection than was previously available. Government amendment 8. It is worth highlighting some sections of the 2012 Act as examples of that. Amendment 29, in clause 116, page 100, line 29, after ‘Authority’, insert Under section 260, the Health and Social Care Information Centre must not publish the information ‘and the Secretary of State’. that it obtains in a form that would enable an individual, Government amendments 17, 18, 15 and 16. other than a provider of care, to be identified. Similarly, under section 261, the HSCIC cannot disseminate share Dr Poulter: The Government are fully committed to data that could be used to identify an individual, other the care.data programme and to the core principles that than a provider of care, except when there is another underpin its use, which are to present and promote legal basis for doing so, which could happen in the event transparency in the quality of health and care services of a civil emergency or public health emergency, such as to patients and the public, while protecting their privacy a flu pandemic. Under section 263, the HSCIC must and confidentiality; to promote health and care research publish a code of practice that makes it clear how it and to help us to understand how to fight disease, cure others should handle confidential data. Under section 264, illness and improve care; and to better integrate health the HSCIC must be open and transparent about the and care services by using the data and information to data it obtains by publishing a register with descriptions understand what good, joined-up and integrated care of the information. Indeed, the HSCIC is currently looks like. working to ensure that it is transparent about all the data it has released to others. 9.15 pm Moreover, the Government have made the commitment The data that are collected across the health and care that if someone has concerns about data being used in system in England are the envy of the world. The this way, they can ask their general practice to note their care.data programme, which draws on the new Health objection and opt out of the system. Following that, no and Social Care Information Centre, offers the ability identifiable data about them will flow from their GP to link existing data securely and safely to produce record to the HSCIC. Directions to the HSCIC under information that can save lives, quickly find new treatments section 254 of the 2012 Act—separate from the amendments and cures, and support research to benefit us all. that the House is considering—will ensure that that I want to say at the outset that, in my view, the commitment to patients has legal force. care.data programme is good news and offers a great We are going further than that. Having listened to deal to help to improve our country’s health and care key stakeholders and to discussions in Parliament, we system in a gradual and progressive way. Care.data is have a further package of measures that, in parallel evolution and not something fundamentally new. We with NHS England’s further engagement activity, will started to collect hospital episode statistics for in-patient respond to the concerns that we have heard and give the data in 1989, for out-patient data in 2003 and for public additional reassurance that their data are safe. accident and emergency data in 2007-08. The aim is to Of course, aggregated and anonymised data, which add primary care data to that list in 2014. cannot be used to identify any individual person, should and will be made generally available. Indeed, a great Grahame M. Morris: Will the Minister give way? deal of research relies on data of this type, where researchers do not need to see any data at the individual Dr Poulter: I have not said anything controversial yet, person level. Such aggregated and anonymous data are so if the hon. Gentleman will let me make some progress, available now, and were available previously through I will happily give way later. the predecessor body to the HSCIC. To realise the huge potential of health care data, New clause 34 sets out a number of changes to the patients and professionals must have absolute trust in 2012 Act which, taken together, clarify when the HSCIC the way that the data will be protected and used, together can and cannot release data. The new clause expressly with an understanding of why collecting the data on prevents the HSCIC from using its general dissemination such a scale is important. I absolutely understand that power where there is not a clear health care, adult social many people have concerns about how the process care or health promotion purpose—for example, for might work, but I am confident that the Government commercial insurance purposes. I am happy to confirm amendments will bring further reassurance to the House that the new clause enables anonymised information to about the care.data programme. be disseminated under the HSCIC’s general dissemination The Government fully support NHS England’s decision power for a wide range of health and care-related to delay the start of the care.data programme so that purposes, including for commissioning for a wide range more work can be done to build understanding and of public health purposes and for research relating to confidence. NHS England will be leading that work. health and care services such as the epidemiological In parallel, having listened to key stakeholders and research that is needed at the earliest stages of developing to discussions in this place, the Government have new treatments. brought forward a package of measures, including amendments to the Bill, to respond to concerns and to Jim Shannon (Strangford) (DUP): Can the Minister give the public greater clarity and reassurance that their reassure us that there will be no possibility of private data are safe. companies obtaining the data and using them for 135 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 136

[Jim Shannon] (Leigh) (Lab): Where in the new clause does it say that? Nowhere does it say that the data their own purposes, instead of their being used for their cannot be passed to private health insurance companies. original purposes in accordance with NHS data protection Proposed new subsection 1A states that such information regulations? could be passed on “for the purposes of…the provision of health care or adult social Dr Poulter: I hope that I have already given the hon. care”. Gentleman some reassurance that the data will have to This is a very wide provision, and I see no clarity in it be used for the benefit of the health and care service, that delivers on the commitment that the Minister is or for the purposes of public health. They are not to be giving to the House. used for insurance purposes, for example. I will go on to outline some of the safeguards involved. Dr Poulter: Hopefully, if I am allowed to make some progress and address the points that have been raised, I Barbara Keeley: Would the Minister like to comment will give further reassurances a little later. It would be on an announcement made at the launch of the MedRed useful—[Interruption.] I will answer the question a BT health cloud—a cloud data system that is using our little later, so there is no point in heckling or being hospital episode statistics data—in the United States? abusive. If the right hon. Gentleman will wait, I will At the launch, it was stated: talk him through the Government’s amendments so “People are using foreign data because it’s available. The UK that he can gain a better understanding — made some gutsy decisions about data liberation. There’s political risk associated and they have a more tolerant climate over there.” Will the Minister comment on the fact that we apparently Grahame M. Morris: Will the Minister give way? have such a tolerant climate that MedRed and BT are now charging for access to our data on that cloud Dr Poulter: No, I will not. system in the United States? Grahame M. Morris: Are you afraid? Dr Poulter: I am not going to be drawn into commenting on an American system. The point is that there are Dr Poulter: No, I am not afraid to give way. The hon. strong safeguards under the 2012 Act to ensure that Gentleman should sit down, because he often has quite confidential data can be used only for the benefit of the enough to say, and it is not always a very valuable health and care system. Of course, data that do not contribution. In this context, he may do well to listen to identify patients need to be used in a transparent way some of the purposes of the amendments. As I have that can help to drive up care and services. already outlined, there are strong safeguards set out in the 2012 Act on how data can be used. Data can be used Barbara Keeley rose— only for the benefit of the health and care system. In order to reassure the public, we have tabled amendments Dr Poulter: I have been generous in giving way to the to clarify further how data may be used. hon. Lady; I hope that she will let me address her point. Speaking to a great many people in recent days, as It is important that we have data that are open and well as considering amendments tabled by other Members, transparent and that are used to expose the quality has prompted the Government to re-table the new of care that is available from different health care providers. clause in order to clarify that these kinds of data may We are one year on from the Francis inquiry, and we also be disseminated for other wider public health purposes, need open and transparent data in order to understand such as research into environmental factors associated and compare the quality of care services in hospitals with asthma, or for healthy eating. We have ensured and in different NHS health and care providers. This is that those other kinds of research can benefit from the about helping us to recognise what good care looks like, data by changing the wording in the new clause to make so that we can extend it throughout the system. It is also it clear that information may be disseminated for the about exposing the few examples of bad care in an open purposes of and transparent way. If we had— “the provision of health care or adult social care” Barbara Keeley rose— or “the promotion of health”. I am sure that the House will agree that it is essential that that valuable data Grahame M. Morris rose— resource is available to support a broad range of health research. Dr Poulter: I am not going to give way. I am still New clause 34 clarifies that in disseminating information, addressing the hon. Lady’s point, and I am not saying and indeed in carrying out any of its functions, the anything controversial. If we had had better, more Health and Social Care Information Centre must have joined-up data that could have been used in a more regard to the need to promote and respect the privacy of transparent way beforehand, we might have been able those receiving health services and adult social care in to head off the events that we saw at Mid Staffs much England. It also requires the HSCIC to take into account earlier. This is about protecting patients and the public, advice from the advisory committee that the Health and about using population-level data in an open and Research Authority is required to appoint under paragraph transparent way. Under the safeguards that we are 8 of schedule 7 to the Bill. The advice from that committee, introducing in the new clause, data will not be used for known as the confidentiality advisory group, will provide commercial insurance purposes. Let me give that a new level of independent scrutiny of the HSCIC’s reassurance. decisions to publish or disseminate information. 137 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 138

Amendment 17 would also enable the confidentiality This Government, both with the amendments and advisory group to advise the HSCIC on the exercise of the 2012 Act, have clearly stipulated that the information functions conferred in regulations under section 251 of can be used only for the benefit of the health and care the National Health Service Act 2006, or more generally system or the health service. That is very clear and on decisions to disseminate information that could be the previous Government never put such a provision used to identify individual patients. For example, when in place. This Government have also given patients an new regulations are made under section 251 of the 2006 opt-out in the use of data—something the previous Act that confer functions on the HSCIC, the confidentiality Government never properly put in place. We have advisory group could advise the HSCIC on proposals introduced good provisions about protecting confidentiality to release data. New clause 34 requires the HSCIC to and using information in the NHS in a responsible have regard to that external advice on its exercise of any manner. If the previous Government had been concerned function under the 2012 Act of publishing or otherwise about the use of data, they should have put in place disseminating information. more robust safeguards when they were in power, but Amendment 18 gives the Secretary of State regulation- they did not. making powers to set out the specific criteria that the confidentiality advisory group will be required to take Barbara Keeley: Will the Minister give way? into account in giving advice to the Secretary of State, the Health Research Authority or the HSCIC in carrying Dr Poulter: No, the hon. Lady has had many out their duties. That provision is intended to enable interventions; I have been very generous—[Interruption.] regulations which would require that the confidentiality I know she does not like hearing about Labour’s record advisory group considers: that the purpose for which in government on these issues, but I am afraid she needs the data will be used should be in the public interest and to. This Government are putting in place safeguards to for the provision of health and care services; that any protect patient confidentiality. The previous Government approved processing must respect and promote the failed on that agenda, and I am proud that we are able privacy of patients and care service users; that the to table these amendments, which will lead to greater purpose cannot be achieved using suitably anonymised reassurance. data, rather than identifiable data; that it is not reasonably The amendments also help to clarify how data can possible to gain explicit patient consent to achieve that be disseminated to support research for health and purpose; and that the applicant requesting the data has care commissioning, health and public health purposes, not misused those kinds of data in the past. medical purposes, or other purposes relating to the That last criterion would effectively introduce a new provision of health care, adult social care or the promotion “one strike and you’re out” deterrent. Potentially, for of health. some organisations, the risk of no longer being able to Government amendment 8 relates to the remit of access those kinds of data may prove a more effective the Health Research Authority. It has always been our sanction than the current maximum monetary penalty intention that the HRA’s functions relate to health of £500,000 that can be imposed under the Data Protection research and adult social care research, and the amendment Act 1998. Taken together, those measures provide an clarifies that remit. It makes explicit that the HRA’s additional level of scrutiny and assurance to the processes functions do not generally extend to research that relates of the HSCIC in publishing or disseminating information. to children’s social care, if that research is solely for The Government’s amendments—new clause 34 and the purposes of children’s social care. We must recognise amendments 17 and 18—provide robust assurance that that research may take place across the boundaries those kinds of data cannot be disseminated for purposes between health or adult social care and children’s such as commercial insurance or for assessing an individual’s social care, and the amendment will not inhibit such mortgage application. research. Although the HRA’s functions will not generally extend to children’s social care, the research ethics Andy Burnham: Before the Minister sits down, I committees that the HRA establishes or recognises under would be very appreciative if he could direct me to the clauses 113 and 114 will be able to consider children’s precise part of new clause 34 that prevents a private social care research in the round when considering a health insurance company accessing data. study that also involves health research or adult social care research. 9.30 pm A lot of research crosses health and social care, and Dr Poulter: It is clear that the information can be some of it involves children. Where such research includes used only for the benefit of the health and care service health elements, it already comes to the HRA special or for the purposes of promoting health. It is about health authority for ethical consideration. Many university benefits to the NHS or to the health and care system. ethics committees accept HRA ethics committee approval That is also what the 2012 Act identifies regarding and do not require separate approval by their own provision of data. Let us not forget that we had to put ethics committees. That will continue when the HRA safeguards in place because at no point did the previous becomes a non-departmental public body. Government place any restrictions on the use of data. Paragraph 12(5) of schedule 7 gives the HRA a Under the previous Government’s regulations, before general power to do anything that appears to be necessary this Government came to power, there was greater or desirable for the purposes of, or in connection with, potential for abuse of the system. Although I am sure the exercise of its functions. That power means that the previous Government would not have intended data HRA can, if it feels it necessary or desirable, publish to be used by private health care companies for insurance guidance that relates to children’s social care research purposes or by others, less rigid safeguards were in where there is also an adult social care element or a place to prevent that from happening. health element that falls within the HRA’s remit. 139 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 140

Barbara Keeley: On a point of order, Mr Speaker. I have the data collected to understand what good integrated understood that this debate was scrutiny of the remaining care looks like, and unless we understand what measures stages of an important Bill. The Minister seems to be of integration are right, we will not be able properly to reading his speech into the record, which for me does inform the debate on delivering integrated care or break not stack up as a debate on the remaining stages of a down the silos that have sometimes existed to the detriment very important Bill, and an aspect of it—care data—that of patients across the health and care system. I hope is crucial to every NHS patient in the country. hon. Members on both sides of the House can support that. I hope they decently recognise that this Government Mr Speaker: The Minister is certainly in order and have put in place not just a patient opt-out if they do there is a continuation of Report stage tomorrow. I am not want their data to be shared, but strong safeguards— sure he will want to be sensitive to the fact that other much stronger safeguards than the previous Government Members wish to contribute. —to protect patient confidentiality.

Dr Poulter: Indeed, Mr Speaker, and I hope that Grahame M. Morris: In principle, I support the utilisation other Members will also be sensitive to that. The more of truly anonymised patient data sharing for the purposes interventions I take, the less opportunities there are for of improving public health, but I take issue with a Members to speak. I have been very generous. I have number of the Minister’s points, not least in relation to taken interventions on a number of occasions from new clause 25, tabled by my hon. Friend the Member those on the shadow Front Bench, and from the hon. for Copeland (Mr Reed). Accountability is important. Member for Worsley and Eccles South (Barbara Keeley) If the Minister and the Government are serious about and others. I have been generous with my time, but I addressing the public’s concern, they would ensure that want to preserve time for other Members to contribute the Secretary of State and Ministers are responsible to the debate, as I see you are keen for me to do, rather than an unelected quango. Frankly, the Minister’s Mr Speaker. assurances at the Dispatch Box this evening, and those Although the HRA amendments are important in given to the Health Committee just a week or two ago, ensuring that its remit is clearly and accurately defined, need to be in the Bill, so that there is a level of accountability it will be able to work with those with an interest in and some comeback. children’s social care research when research crosses When we debated patient data sharing in Committee boundaries, to seek consistency in standards and to and, more recently, in Westminster Hall, my impression avoid unnecessary duplication. was that Ministers have tended to conflate legitimate Government amendments 15 and 16 are minor and patient privacy concerns, which are shared by hon. technical. Amendment 15 is consequential to the addition Members and members of the public, with the general of provisions on the better care fund—part 4—in lack of support for the utilisation of patient data for Committee. It ensures that provisions on commencement further research. They are mistaken, because right hon. cover the better care fund. Amendment 16 removes the and hon. Members are more or less unanimous in privilege amendment inserted in the other place in supporting any move that can lead to better research, accordance with the Commons’ sole privilege to deal improved care and increased safety. with monetary matters. The Government’s proposals ensure that we correct Barbara Keeley: I am grateful to my hon. Friend for the difficulties we inherited from the previous Government giving way, because the Minister was clearly frightened in preserving confidential patient data. They ensure of answering questions from me and from my right hon. that we have in place a system in which NHS and care Friend the shadow Health Secretary. The Minister refused data must be used for the benefit of the health and care even to listen to the question, so I shall ask my hon. system and for public health purposes. They put us in a Friend: does he think that there is scope for confusion much better place to ensure that we enhance transparency because some companies are in the market of insurance and better use information to benefit patients. They products and health and social care? The Minister ensure that we have a better basis on which to understand would not take the question, so we do not have any the basis of disease. If in the first place we had had the answers on how a firm such as BUPA, which is already Health and Social Care Information Centre and the involved in research and already using the data, could benefits we know will come from care.data, we would be dealt with. have been able to deal with and better combat many diseases while protecting patient confidentiality. We Grahame M. Morris: That is a perfect example and would have understood much more quickly the dangers an important question that the Minister and the of thalidomide and other drugs that were harmful to Government should answer. If we are to ensure that we babies in utero. We would have been in a much better have public trust in the data and who will use them, place to expose those examples of poor care, such as such questions must be answered and people be given Mid Staffs; to develop national frameworks for treating the opportunity to consider what the Government propose. diseases such as chronic obstructive pulmonary disease It has become clear in recent months that the public and heart disease; and to understand what good care lack confidence that the implementation of the care.data looks like in the treatment of those conditions by collecting scheme as currently proposed would protect the data data in a fundamentally better and joined-up way. from inappropriate use, not least because of the point The Health and Social Care Information Centre will, that my hon. Friend has just made. I am sure she would for the first time, provide us with a repository for recall that we recently had a Health Committee session joined-up, integrated data across health and care. Hon. on this issue—in fact, the Minister was present—and Members often rightly talk of integrated care, and of certain assurances were given, not by the Minister but the benefits of joining up health and care. Unless we by one of his officials, that companies outside the 141 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 142

United Kingdom would not have access to such data. to make money out of them or trying to change The thought ran through my mind that many private my premium. I am sure that that is very important in health companies are global in their operations. people’s minds.

Andy Burnham: To add to the theme that my hon. Grahame M. Morris: The hon. Gentleman makes an Friend is developing, is not one of the problems with interesting point which echoes a point made on the care.data that we have had so many statements from Labour Benches a few moments ago. The problem is Ministers and officials that have not in the end come to that a number of private health care companies are also be true? At the last Health questions, the Secretary of insurance companies, so it would be quite a task to State said that a leaflet would be sent to every home in ensure that data are not shared with companies that the land to explain what was happening. That also was might have a commercial interest in them. To restrict not true. Does my hon. Friend agree that this is bringing access in the way we would all want is not as simple as the whole scheme into disrepute? the Government would have us believe. Andrew George: The hon. Gentleman and I often Grahame M. Morris: My right hon. Friend has hit the agree on these issues, but I am slightly concerned. Of nail on the head, because there has been a catalogue of course we want reassurances, and while we have the mismanagement. What we need to do if we believe in pause we should seek further reassurances on the the importance of such a database is to ensure that we anonymisation of data and that they will not be misused. rebuild public trust. The Government have an opportunity How far is he prepared to push this point? Is he prepared to do that, but it will not be a simple matter. We have to to push it to the extent that the initiative falls, with all look carefully at the implications of what the Government the consequences for the lack of progress in advances in propose and give the necessary assurances. medical care? In 10 years’ time we could be talking The assurance that the official gave to the Health about hundreds of thousands of lives that could have Committee had a gap that a coach and horses could be been saved as a result of pressing on with this very driven through. Several multinational companies could important development. get round it by establishing a subsidiary based in the UK that would have access to the data, if that were Grahame M. Morris: The hon. Gentleman makes an the only safeguard. excellent point. It is not my intention to do that, but we have to recognise that the public awareness campaign—the Mr Dorrell: I want to return to a theme that we were Government’s early assurances about leaflets and letters— discussing in an earlier debate this evening. The true has been wholly inadequate. At a time when it is important nature of the hon. Gentleman’s concern is unclear. If for the Government to instil public confidence in the his concern is that sensitive patient information should scheme, they keep doing things that undermine public be made available only on the basis that the identity of confidence, for example by giving the hated company the individual can never be traced and the data remain Atos—if you do not mind me using the term, Mr Speaker, properly anonymised and confidential, I think that because of the debacle in the Department for Work and concern would be shared on both sides of the House. Pensions—the contract to extract the data. There seems But is that his real concern, or is it that the information to have been a catalogue of errors. might be used by a private sector body for the purpose I accept that this proposal has the potential to be a of improving the delivery of health care? I am not huge step forward. The Minister said it was not clear, provided that the information is anonymised and revolutionary, but I am quite often in favour of things patient identity is properly secured, what his objection that are revolutionary. It is revolutionary, because previous could be. data collections from a hospital-based setting, from secondary care, have been largely episodic. This scheme Grahame M. Morris: I thought I was being fairly will harvest data from GPs and primary care to follow clear. In the debate on the earlier group of amendments, the whole of the patient journey, and to identify trends we discussed the privatisation of the clinical commissioning and follow-ups. That is a revolutionary step forward, function. My concern is that that would lead to greater provided we have the necessary safeguards and assurances, fragmentation, not greater co-operation. On data sharing, and that we rebuild public trust. I am not suggesting I think it was my hon. Friend the Member for Leicester that the scheme is unworkable and cannot be reformed, West (Liz Kendall) who gave the example of a questionnaire but there is a huge job to do to ensure that we restore she was asked to fill in by her GP, which contained public confidence. questions relating to alcohol consumption, smoking Barbara Keeley: Will my hon. Friend give way? and so on. If that information was made available to a private health care company and, as a consequence, Grahame M. Morris: I wanted to mention an example premiums were increased, people would have concerns. that has been presented to me in relation to rare illnesses. The Minister said that that has been ruled out and that It is suggested that a patient could never be identified it would not happen, but it is an example of why such from the data, but identification might be possible concerns have been raised. in the case of very rare conditions, particularly if pharmaceutical companies had their own databases. We Oliver Colvile (Plymouth, Sutton and Devonport) need some form of protection to cover those circumstances (Con): It is very important for there to be as much as well. protection for the individual and the patient as possible. I assure the hon. Gentleman that my medical records Barbara Keeley: I thank my hon. Friend: he is being are particularly uninteresting, but I would not want very generous in giving way. Does he agree that scope is them to be leaked to an insurance company seeking an issue? The Hospital Episode Statistics database was 143 Care Bill [Lords]10 MARCH 2014 Care Bill [Lords] 144

[Barbara Keeley] make them an offence. That is not rocket science, is it? If that is the problem, why do we not address it directly by an administrative database, and that is what our data creating an offence? Similarly, if an organisation makes were being used for. My hon. Friend has made an applications for data from the Health and Social Care important point about the loss of trust. When did any Information Centre, it should have to disclose any previous of us sign up to having our data used to recalculate the convictions under that offence. I am a big supporter of cost of insurance cover for long-term illness? When did transparency and the extension of freedom of information. we sign up to have it sold on a chargeable basis by BT Private health care companies should disclose information and by MedRed, on its cloud system in the United that is relevant in those circumstances. States? Once control has gone, it is possible for the It seems bizarre to insist that the public should allow scope to vary all over the place. their private information to be shared with organisations that are allowed to hide their chequered pasts in some Grahame M. Morris: That is a good point. It is very cases behind the cloak of commercial confidentiality. important for the Government to lay down parameters Parliamentary accountability, too, should be introduced for the scope. to the decision-making process. The Secretary of State The sharing of medical data has a fantastic potential should retain the duty to approve any applications. The to do good, as long as the necessary safeguards are buck should stop with the Secretary of State. If there is there, but if it is mishandled, it also has the potential to a serious commitment to win back the public’s trust on do great harm. Patient data consist of very confidential care.data, the buck should stop with the Secretary of information, which could prove damaging to the public State, rather than with a big and unaccountable quango. if it were to end up in the wrong hands. We have already It would be of great benefit to the public if data seen examples of that. I share the public’s fear that the sharing were exercised in an accountable and secure Government are not seeking appropriate safeguards in manner. I have always been an advocate of investment respect of highly personal and sensitive information. in public health. For that to be effective, we need an Despite the Minister’s assurances about new clause 34, I evidence base on which to plan interventions. The scheme do not think that it goes far enough. is set to be disrupted unless the Government can Let me return to the issue of accountability. The demonstrate that they are serious about protecting patients’ benefits for companies that seek to misuse or leak privacy. patient data, for example, are considerable. The Minister has ruled out insurance companies, but I am worried Oliver Colvile: Does the hon. Gentleman think that there about private health care firms. The pharmaceutical will be a problem with patients sharing that information industry could profit from the re-identification of patient with their pharmacists if that meant that they were records, and I believe that the absence of parliamentary going to get better more quickly? accountability to which I referred earlier, and a lack of clear and harsh penalties for those who misuse data, are Grahame M. Morris: On an individual basis, I do not undermining trust in what could be a highly beneficial see a problem with that. The problem arises when scheme. Subsection (2) of new clause 25 defines misuse, dealing with large volumes of harvested data that include and subsection (3) gives an indication of the penalties not just primary care records of patients in the community that would be applied. I think that they might act as a but hospital records, where pharmaceutical companies deterrent. are perhaps able to benefit. Whether that is in patients’ best interests needs further consideration. I do not Mr Jamie Reed: My hon. Friend is making an excellent, think that there is any such concern about individual intelligent and informed speech. The charge has been conversations with GPs or pharmacists, but there are made that pushing our proposals too far risks scuppering still major holes in the Government’s proposals. They the project, but is it not the case that the more safeguards need to be tightened further. A good starting point we can introduce to reassure the public, the better the would be Labour’s new clause 25. prospects of its success will be—and, moreover, the greater the data sample will be, and the better the system Paul Burstow: The hon. Gentleman has been incredibly will be as a result? gracious in giving way on several occasions. He has said that new clause 25 should be commended. I wonder Grahame M. Morris: I entirely agree. I think that that whether he has considered amendment (b), which suggests is vital, because, as we have seen in the case of politicians that one of the other issues about safeguarding data is following the expenses scandal, once public trust has people being satisfied of the competence of the been lost, it is a huge task to win that trust back. There organisations that will receive that data and that they is a mountain to be climbed. I therefore think it important comply fully with the data protection obligations. that we get this right. The Government have an opportunity to pause the Grahame M. Morris: I have considered that, and that implementation of the Bill in order to consult properly, is an important point. Compliance is important. Those and, in the Bill itself, to address issues that have been issues should be addressed in the Bill. If we are to raised by Members in all parts of the House and by ensure that there is public trust, those points must be other interested parties. I believe that if there is to be addressed. public confidence in the scheme, the Government should make a gesture by supporting Labour’s new clauses, Mr Jamie Reed: Does my hon. Friend share my particularly new clause 25. Given that the misuse and concern and that of many GPs that the lack of necessary identification of data are the prime concerns of the safeguards in the Bill may have an unintended consequence, public, I think that it would be eminently sensible to particularly among the hardest to reach groups in society? 145 10 MARCH 2014 Business without Debate 146

Fear about the lack of safeguards in the Bill may stop EUROPEAN UNION DOCUMENTS them from accessing GPs and sharing their details and Motion made, and Question put forthwith (Standing problems with them. Order No. 119(11)), Grahame M. Morris: That is a huge danger. We have GENDER EQUALITY AND WOMEN’S EMPOWERMENT IN an opportunity to address that in this House this evening DEVELOPMENT and when we consider the Bill further tomorrow. I personally am not advocating that people sign up to the That this House takes note of European Union Document opt-out clauses. That is important, but we need assurances No. 17432/13, a Commission Staff Working Paper: 2013 Report on the Implementation of the EU Plan of Action on Gender to be able with confidence to support the Bill and the Equality and Women’s Empowerment in Development 2010–2015; data collection proposals. welcomes the document as a frank assessment of the EU’s implementation of its Action Plan; and supports the Government’s Several hon. Members rose— efforts in encouraging the European Commission to address the weaknesses identified in the Report in order to ensure further Mr Speaker: Order. One might have thought the integration of gender equality in EU development assistance.—(John intervention of the hon. Member for Copeland (Mr Reed) Penrose.) was exquisitely timed. Question agreed to. Bill to be further considered tomorrow. ADMINISTRATION Business without Debate Ordered, That Karen Bradley, David Morris and Nicholas Soames be discharged from the Administration Committee and Harriett DELEGATED LEGISLATION Baldwin, Conor Burns and Mr be added.—(Geoffrey Motion made, and Question put forthwith (Standing Clifton-Brown, on behalf of the Committee of Selection.) Order No. 118(6)), STATUTORY INSTRUMENTS (JOINT PENSIONS COMMITTEE) That the draft Automatic Enrolment (Earnings Trigger and Ordered, Qualifying Earnings Band) Order 2014, which was laid before this House on 15 January, be approved.—(John Penrose.) That Mr Robert Buckland be discharged from the Joint Committee on Statutory Instruments. —(Geoffrey Clifton-Brown, on behalf Question agreed to. of the Committee of Selection.) Motion made, and Question put forthwith (Standing Order No. 118(6)), WELSH AFFAIRS

ELECTRICITY Ordered, That the draft Warm Home Discount (Amendment) Regulations That Hywel Williams be discharged from the Welsh Affairs 2014, which were laid before this House on 20 January, be Committee and Jonathan Edwards be added.—(Geoffrey Clifton- approved. —(John Penrose.) Brown, on behalf of the Committee of Selection.) Question agreed to. PETITIONS Mr Speaker: With the leave of the House, we shall take motions 5 and 6 on family proceedings together. North Corner Quay and Landing Stage, Devonport Motion made, and Question put forthwith (Standing Order No. 118(6)), 10.1 pm

FAMILY PROCEEDINGS Oliver Colvile (Plymouth, Sutton and Devonport) That the draft Access to Justice Act 1999 (Destination of (Con): It is with great delight that I take this opportunity Appeals) (Family Proceedings) Order 2014, which was laid before of presenting Parliament with a petition by about 1,000 of this House on 27 January, be approved. my constituents within the Plymouth travel-to-work area who are concerned about the north corner quay FAMILY PROCEEDINGS and landing stage in Devonport. That the draft Crime and Courts Act 2013 (Family Court: The petition states: Consequential Provision) Order 2014, which was laid before this The Petition of residents of Devonport and Plymouth, and House on 27 January, be approved. —(John Penrose.) others, Question agreed to. Declares that the Petitioners are concerned about the condition Motion made, and Question put forthwith (Standing of the North Corner Quay and Landing Stage, Devonport. Order No. 118(6)), The Petitioners therefore request that the House of Commons urges the Secretary of State for Communities and Local Government under his powers contained in Part IV, Clause 48 of the Plymouth FAMILY COURT City Council Act (1987) to encourage Plymouth City Council to That the draft Justices’ Clerks and Assistants Rules 2014, restore and repair North Corner Quay and Landing Stage as which were laid before this House on 27 January, be approved. contained in Part IV, Clause 26 of the said Act. —(John Penrose.) And the Petitioners remain, etc. Question agreed to. [P001324] 147 10 MARCH 2014 148

South Stoke Plateau (Bath and North East Somerset) St Helier Hospital Motion made, and Question proposed, That this House 10.2 pm do now adjourn.—(John Penrose.) Jacob Rees-Mogg (North East Somerset) (Con): Her Majesty’s Government have been fantastic in saving my 10.5 pm constituency from development in the green belt, and Siobhain McDonagh (Mitcham and Morden) (Lab): the Communities and Local Government Minister, my At the beginning of this month, on a crisp, cold Saturday hon. Friend the Member for Grantham and Stamford morning, I joined a group of residents outside our local (Nick Boles), has been particularly good in recently St Helier hospital to mark a sad moment in its history. stopping these incursions, but my constituents in South For the past four years, St Helier has been adorned by a Stoke are especially concerned about development that 1,000-square-feet banner, proudly saying, “Coming soon— may take place there and I have 1,386 signatures to this We’re spending £219m on a major development of petition. That number is easy to remember because, St Helier hospital”. The residents and I were there to 1386 was the year of the treaty of Windsor. see that banner taken down, and to mark the promise of The petition states: a better hospital finally being taken away. The story of St Helier is a long one. I have raised it in this House on The Humble Petition of the residents of the parish of South Stoke and its neighbouring parishes and wards of Bath and several occasions. This was a low point, but I fear that it North East Somerset, here represented by South Stoke Parish may get lower, and the result of today’s debate does not Council and The South of Bath Alliance, exactly inspire confidence. Sheweth that it is the intention of Bath and North East St Helier was built in the 1930s, at the same time as Somerset District Council’s Amended Core Strategy to develop the St Helier housing estate that encompasses it. At that the land known as the Odd Down/ South Stoke Plateau with the time, it was the biggest housing estate in Europe. The building of 300 new homes. hospital was built there for a reason: it was where the Wherefore your Petitioners pray that your honourable House health needs of the surrounding community were. St Helier ask Her Majesty’s Government to recognise the importance of hospital has had an interesting history. In the second the openness of this land, which forms part of the Setting of the world war, its bold white exterior was painted green Bath World Heritage Site and of the Wansdyke Scheduled Ancient owing to concerns that German bombers would use it Monument, and to maintain the current Statutory protections of the Green Belt and Area of Outstanding Natural Beauty designations for target practice or to line up their bombing missions for all of the South Stoke Plateau and so maintain the site free of on London. Although neighbouring buildings were development in perpetuity. destroyed by bombers, St Helier thankfully survived And your Petitioners, as in duty bound, will ever pray, &c and has continued to serve the community ever since. [P001330] St Helier has had its troubles. In the mid-1990s, there was outrage when it was discovered that people were left to die on trolleys abandoned in the corridor. Back then, under-investment in the NHS of the Government was not unusual. If it was bad on the wards, however, what was happening behind the scenes was almost as disturbing. Even though Mitcham and Morden has always been the most deprived part of the old health area of Sutton, Merton and Surrey, it has always been the poor relation. In my almost 17 years as an MP, and for many before that, I have never known of anyone living in Mitcham and Morden to sit on the board of any NHS body. As a result, we have always had a Cinderella service. No one speaks up for our patients, and we are always first to lose out and last to gain. It was no surprise, therefore, when I discovered recently that health bosses had held secret meetings in the mid-1990s to discuss plans to close St Helier and move services to Croydon. Thankfully, once Labour came to power in 1997, this went no further, but the tone was set. Not long afterwards, it was suggested that St Helier should merge with the hospital in Epsom. Such a merger was a little unusual, but Epsom was struggling financially, and we were persuaded that a merger would make both hospitals more resilient. The two hospitals were not a great match. People living in Epsom are relatively wealthy, and a little older. The area around St Helier is more urban, ethnically mixed, younger and has more health problems associated with poverty.Nevertheless, we accepted the advice, but it soon became clear that we had been sold a pup. A new review, “Better Healthcare Closer to Home” was launched. This was in a time of plenty, the early 2000s, when health spending was on the rise, so a grand 149 St Helier Hospital10 MARCH 2014 St Helier Hospital 150 scheme was drawn up, in which St Helier and Epsom and emergency, and maternity units, in one or more would both close, replaced by a new state-of-the-art hospital. At the same time, finally recognising that they hospital in Belmont, a very leafy, very wealthy community served different demographic groups, the St Helier and two miles south of Sutton. Aside from the terrible Epsom hospitals started to de-merge from the trust. impact of closing St Helier, I never thought that the Both had found new trusts willing to merge with them, scheme was workable; it was too big, too unrealistic and St Helier with St George’s Healthcare NHS Trust and lacked one key ingredient—any public demand for it. Epsom with Ashford and St Peter’s Hospitals NHS Various bureaucrats argued that the site of a hospital Trust, but, thanks to BSBV, those new mergers soon is not important, because new community primary care broke down. Nobody wanted to merge with a hospital services, such as GPs and local care centres, would see that was under threat, particularly when it was revealed the patients that normally go to hospitals instead. The that Epsom’s debts were far worse than originally thought. public never agreed, and in fact the reverse has happened: Originally, BSBV would look only at south-west London, the number of people who would rather go to hospitals covering St Helier, Kingston, Croydon and St George’s is rising. The public consultation at the time clearly in Tooting; one of the four would lose its accident and showed that the most popular site for a hospital with an emergency unit. But after the de-merger fell apart, the A and E was St Helier. The public knew that the people review was extended into Surrey, and two out of five who need hospital the most are the most disadvantaged, hospitals were to be downgraded—inevitably, BSBV with the worst health. They are the most likely to need recommended that St Helier should be one. Not only A and E and the most likely to need acute maternity would its A and E and maternity units go, but so, too, services. would its intensive care unit, paediatric centre, renal Everyone could see that St Helier was the best location unit and 390 in-patient beds. for a hospital if we wanted to reduce health inequalities, I have always said that the sums do not add up. Some and it was backed by all the MPs in Sutton, Merton and 82,000 patients go to St Helier’s A and E each year, with Wandsworth. Local managers overruled us and, even the NHS saying that figure will rise by 20%—100 emergency though their initial assessments showed that St Helier patients are admitted every day. Neighbouring hospitals was a 7% better option than Belmont, they voted for are already overcrowded, and are more expensive per Belmont instead. Thankfully, in those days we had a patient, so it was never clear how the other hospitals Secretary of State for Health who was prepared to step could meet clinical targets, let alone cut costs, if they in and stand up for the NHS. The health managers’ had to treat St Helier’s patients as well as their own. decision was finally called in by Labour councillors in Figures quoted by BSBV—that an astonishing 60% of the London borough of Merton, and the then Secretary patients would use primary care instead of A and E of State decided to save St Helier, recognising that the departments—were ridiculed by the National Clinical area around St Helier had the greatest health needs in Advisory Team, who said: the whole catchment area and people there had up to “Elsewhere in the UK a consistent finding is...far lower, 10 years’ less life expectancy. In contrast, Belmont is usually...15-20%. Reconfiguration based on the higher figure may one of the wealthiest areas in the country. Indeed, not achieve the anticipated benefits.” people living there also made it clear they did not want In fact, NCAT went a lot further than that, saying: a major new hospital built in their backyard. So we were “Successful implementation...depends on a multitude of supporting all delighted when the then Government came down improvements...that are not well defined in the proposals.” firmly on the side of reducing health inequalities and Given the growing birth rate and the higher cost of chose St Helier. giving birth in all other hospitals, closing St Helier’s In early 2010, that decision was further boosted when maternity unit was also never going to deliver clinical a subsequent Health Secretary, my right hon. Friend targets or cut costs. Experts say that maternity units the Member for Leigh (Andy Burnham), announced should not deliver more than 6,000 babies per year. the £219 million renovation. At the time, we were all However, if St Helier closed, the remaining hospitals very aware that the economy could no longer afford the would have to deliver 6,500 babies each per year, plus same generous public sector funding we had in the 2,500 in midwife units and nearly 1,000 home births. It mid-2000s. Decisions had to make financial sense and, was no surprise, therefore, that NCAT said the plans in the case of the £219 million, the numbers stacked up. were As well as improving people’s health, the scheme was “based on an optimistic view of capacity.” shown to offer value for money. It would mean new Everyone in my local community knew the plans were wards, with single rooms to cut down on infections and bonkers. Local campaigners such as Sally Kenny, a improve patient privacy, along with various other former deputy head and Lower Morden resident, set up improvements. The scheme was so well thought out that local groups to fight the plans. Sally has printed thousands just months later it also gained the support of the new of “Save St Helier” posters that are currently in windows coalition Government—the Chancellor still includes across Morden and St Helier. People cannot drive through the funding in the Treasury’s books—but it was not the area without seeing the words “We Love St Helier” long before St Helier’s future was again at risk. displayed on garden stakes. In 2011, the local NHS admitted that it had received As well as a petition signed by more than 30,000 people, Government instructions thousands of local residents attended a protest picnic “to deliver £370 million savings each year...a reduction of around organised by local mums, where the leader of Merton 24% in their costs.” council, Stephen Alambritis, a former football referee, A new body was soon set up, this time called Better waved a red card at the plans. Merton council has Services Better Value, or BSBV— it might properly be always shown its support. Last year, it passed a strongly abbreviated to just BS for all the good it has done. Its worded motion backed by Labour, Liberal Democrat, task soon became clear: to close services such as accident Conservative and Independent councillors, saying any 151 St Helier Hospital10 MARCH 2014 St Helier Hospital 152

[Siobhain McDonagh] The whole community knows what is going on. St Helier is not “safe”. It does not have the Government’s backing. decision on St Helier must go to the Secretary of State. If the Government truly still supported St Helier, why is Thankfully, salvation came from an unlikely source—a it not full steam ahead with a scheme that has funding clinical commissioning group in Surrey. from the Treasury and that has proven its clinical value? In Merton, the new system of CCGs has not been a They are failing to plan, and planning to fail. All this great advert for the Government’s reforms. Last May, I ends in one place: the demise of St Helier. If St Helier attended one of the worst public meetings I have ever loses emergency services, 200,000 people will face longer been to—and that is really saying something. Merton’s journeys in an emergency. A and Es across south London CCG was due to decide St Helier’s future, but it would will struggle to cope with the extra workload, and that allow only a handful of the hundreds of people who will affect millions of patients, including the Minister’s came to the meeting into the public gallery. The chair constituents. would not allow cameras or recordings, and the The Minister has a chance today to offer some hope. microphones did not work. Members of the CCG refused She is a significant person. A word from her could make to register their personal interests, even though it was all the difference. All she has to say is that St Helier will alleged that some would gain personally if St Helier stay open and that she will not allow it to lose its A and were shut and services were moved to other providers E, its maternity unit or any of its other services. She can such as private companies or GP surgeries. Then, just as say today that the £219 million must be spent. When they were due to make a decision, they suddenly walked that money was announced four years ago, construction out of the room to boos and shouts of “cowards”. was due to begin in 2012. Nothing has happened, but Some said that they had adjourned the meeting to a this evening she can turn nothing into something with quiet staircase, others that they went to the kitchen. just a word. She will probably say it is for others to Wherever they went, they made the decision there, in decide, but that is her decision. A decision not to act is secret, without any public witnesses, to accept plans to just as much a decision as any other. What she should close services at St Helier and to go to public consultation. do is show leadership, because leaders decide. Without If Merton’s CCG was not exactly the blueprint of an ministerial commitment to St Helier, it is clear where open, transparent community service, thankfully others this will end. They are planning to fail, and that is why did not follow suit. Having seen the power of GPs in the fight goes on. Lewisham, the CCG in Surrey Downs, recognised that All the while, the population in south London is BSBV was barking up the wrong tree and voted no. As rising, demand for hospital services is increasing, demand a result, earlier this year, BSBV was wound up; it will for A and E is going up by 20%, and the birth rate is not be mourned. However, the threat still hangs over us. rocketing. Doctors oppose the closure of services, Merton I have been shown a letter from NHS England to the council unambiguously opposes any closure, and all CCGs complaining about their decision not to approve parties want to save St Helier. We thought things were closures at St Helier. The letter says: bleak before; they are just as bleak now. “Your approach carries significant and unacceptable risk, both All the while, instead of focusing on improving the financially and clinically.” NHS, this Government have focused on top-down Castigating the CCGs for their decision, it goes on: reorganisations. The UK Statistics Authority has made “We consider your proposed approach would make it difficult it clear that the Prime Minister has broken his election for South West London CCGs to formulate a coherent strategic pledge to increase health spending. If St Helier loses its plan.” A and E or countless other services, my constituents According to NHS England, the decision will know why. They are angry. In Mitcham and Morden “carries unacceptable risks to your ability to develop and deliver a we demand nothing less than a moratorium on A and E strategic plan. We also believe the approach carries significant closures. We want our hospital, St Helier, to continue. operational risks. Firstly that your providers will not be able to The German bombers never destroyed it, nor should meet the London Quality Standards...Secondly, that providers this Government. The Minister needs to say, “Yes, the will not be able to recover their costs against income and therefore...will be unable to become Foundation Trusts.” £219 million is still there, and yes, the building work will start now.” Most damning of all, it says: “This could be interpreted as commissioners planning for clinical and financial failure in some of its providers.” 10.22 pm That letter is very revealing. It proves that those in The Parliamentary Under-Secretary of State for Health charge still cannot bring themselves to rule out the (Jane Ellison): I congratulate the hon. Member for possibility of St Helier closing. They are planning to Mitcham and Morden (Siobhain McDonagh) on securing fail, and if they do not fail, they will not allow St Helier one of a number of debates that she has led in the to become a foundation trust anyway. Either way, the House on this issue. I know that it is important to hospital will fail. That indicates that the announcement her—we have had many private conversations about it not to close St Helier is not real. As if we needed more over the past few years—and to her constituents. She evidence that the Government are not committed to has great faith in my powers, but I fear that so soon St Helier, we heard, just a few weeks later, that the after the collapse of Better Services Better Value, I am £219 million had been withdrawn. After I had repeatedly inevitably not in a position to say anything particularly asked about the lack of progress, the head of Merton’s definite to her tonight. However, I will try to respond to CCG finally conceded the truth. Ruefully, she admitted some of the points she makes and explain to the House that the work was now “probably unaffordable” and no what the road map ahead now looks like. Overall, longer featured as although I understand her frustration, which is felt by “one of the...scenarios being worked up by the Trust at this many of us who represent south-west London, I think stage.” her analysis is a little bleak, but I will try to give her 153 St Helier Hospital10 MARCH 2014 St Helier Hospital 154 some assurance about the potential for the future, if not I do not believe they have been drawn up to the extent about some of the specific points that she asked me to that they have any such permission, so at the moment address. this is wishful thinking on the part of the trust. Before I comment on the issues that the hon. Lady has raised, I want to pay tribute to all those who work Jane Ellison: The trust has announced its intentions, in the NHS in her constituency and in all our constituencies and a proper process will be followed. I am trying to in south-west London. Throughout all the uncertainties make the point that it is wrong to suggest that there are of the past few years, they have continued to show their no plans to invest in and enhance services at St Helier. commitment to providing first-class services to all those That process will be followed and we will respond in due in their care. For that, we thank them. course. That is my understanding of the trust’s plans and it wants to progress with them. As I said, I share the hon. Lady’s frustration about this programme—I say that straight away on the record—as, Paul Burstow (Sutton and Cheam) (LD): I am grateful I am sure, do all those of us affected in the area covered to the hon. Member for Mitcham and Morden (Siobhain by the six clinical commissioning groups. For many of McDonagh) for calling for this debate. Will the Minister us, having spent so much time in consultations, meetings use her good offices to ask the trust to set out very and discussions, it is, to say the least, very frustrating to clearly to all hon. Members representing constituencies find ourselves in this position on BSBV. with an interest in St Helier its plans and the timeline I give the hon. Lady the assurance that the Department for this capital investment? of Health remains committed to investing in NHS infrastructure. The most recent Government spending Jane Ellison: That is an entirely reasonable request review has ensured that capital spending in the NHS is and I will, of course, convey it to the trust following this protected in real terms. That means that the NHS will debate. be getting a real-terms increase in spending in 2015-16 The local CCGs have listened to feedback from local compared with 2014-15. There is, therefore, money people and they have now told us that they want to look available for capital infrastructure, but I realise that the at local health services in a more holistic way. Although hon. Lady’s interest is in her own local capital investment. they have decided against proceeding with BSBV, the At the same time, I fully understand the hon. Lady’s local CCGs have unanimously supported the clinical disappointment that Epsom and St Helier University case for change in south-west London and propose to Hospitals NHS Trust has been unable to progress its use the detailed analysis provided by that exercise to plans for developing St Helier. However, as the hon. plan their future strategy.I accept that that is a broad-brush Lady knows, the problem is that in the absence of explanation and that we have yet to see the detail, but a local agreed strategy for south-west London and a that is essentially the direction of travel. Obviously we decision on which services will be located at the redeveloped are not as far forward as we would have wanted to be site, the trust has recently decided to reconsider the after all the consideration given to the issue over the scheme. past few years. As the hon. Lady is also aware, the proposed The CCGs have also made it clear that if they do not redevelopment has been closely linked to Better Services address the challenges identified under BSBV or, at a Better Value and the review of clinical services right national level, those in NHS England’s “Call to Action”, across south-west London. That has gone on for so local services might decline in quality and not be able to long that, in many ways, events have overtaken it and meet the required safety standards. The CCGs have agreed there is now a need to look at it afresh. that all future hospital services should be commissioned The six clinical commissioning groups in south-west against the London quality standards and that all hospitals London announced on 18 February that they did not must provide seven-day-a-week, consultant-led services. propose to continue with the BSBV programme or to I referred earlier to events overtaking the BSBV consult on the options that emerged from it, so they programme, and the CCGs need to take into consideration have now been withdrawn. As a result of that decision some of the more recent developments, not least Sir Bruce by the CCGs, the trust now needs to reconsider the Keogh’s review of urgent and emergency care. We need business case for the hospital redevelopment and it to look at the whole of the south-west London health plans to work with the local CCGs to see whether they economy in the light of those new expectations, particularly can agree a level of investment in the hospital that is that for seven-day-a-week, consultant-led services. That affordable and that ensures that the services provided is a challenge right across the NHS, not least for those are sustainable. of us in south-west London. Hospitals are expected to The trust has confirmed that over the next five years comply fully with the recommendations set out in the it plans to invest up to £78 million in modernising its Keogh review and, of course, to be financially sustainable. estate, improving facilities for patients and updating IT Should the outcome of discussions mean major changes systems and equipment. I think, therefore, that the at any trust in south-west London, proposals will, of picture the hon. Lady painted was a little bleak, because course, be subject to public consultation. Most importantly, it suggested that there was to be no investment at all, the local NHS has stated that it will involve local people when in fact the trust has announced that it intends to in the work to develop these new solutions to the go ahead with plans that will enhance some of the longer-term challenges faced by the NHS in the area. services for her constituents. As well as involving local people, it is absolutely essential to involve local Members of Parliament. I take Siobhain McDonagh: It is my understanding that any the point made by the right hon. Gentleman in his capital works of that size would have to be approved by intervention. Whenever I meet representatives of NHS the Department of Health and the Treasury, and as yet London, as I do from time to time—another meeting is 155 St Helier Hospital10 MARCH 2014 St Helier Hospital 156

[Jane Ellison] new or updated business case for redeveloping St Helier would initially need to be considered by the NHS Trust in the diary—I always stress the importance of liaising Development Authority, which is responsible for approving very closely with Members of Parliament so that they capital funding and ensuring that the repayments are can best represent their constituents and make sure that affordable for the trust. As much is likely to have they are fully in the picture about developments. For the changed in the four years since the business case was record, I was not particularly impressed by the notice I last considered, it will probably be reviewed again by got of BSBV not going forward, given that I have to the Department of Health and the Treasury. respond in this House about it, and I have made that It is obviously essential that any options must be view clear to some of the people in my local area. sustainable in the long term, both financially and, as I Epsom and St Helier trust has made it clear that the mentioned in relation to the Keogh review, clinically. broad range of in-patient, out-patient and day services When local consultations have taken place and have remains available at its two hospital sites. Local CCGs determined a sustainable service configuration for the will work together—the new umbrella name is South locality and the hospital, we anticipate that requests for West London Collaborative Commissioning—to develop capital funding will be submitted to the Department of a five-year commissioning strategy. The trust will work Health for consideration. with its commissioners in the coming months to contribute In conclusion, I urge the hon. Lady and other Members to those plans. I understand that the trust expects to see of the House to continue to represent their constituents, the strategy in June, which will give it a clear idea of the engage with the process and participate in future future direction of local health services and its role in consultations. What we all want to emerge from the delivering them. As local Members of Parliament, we process is a sustainable, safe and excellent local health all expect to see the strategy at the same time. economy for south-west London that works to the most Once a decision has been made on which services will modern standards of care and is sustainable for the be located at St Helier, the trust will need to revisit its long term. original business case for the redevelopment of the site. Question put and agreed to. I realise that that is frustrating, after everything that local people have campaigned on, but that is in its 10.33 pm nature: it was only ever an outline business case. Any House adjourned. 1WH 10 MARCH 2014 Female Genital Mutilation 2WH

survivors and others. We also need to hear from Members Westminster Hall who have raised the issue on so many occasions during questions—including today’s questions to the Home Monday 10 March 2014 Secretary, when it was raised four times. Although some people may feel that the crime is hidden, it is very much on Parliament’s agenda. [JOHN ROBERTSON in the Chair] The World Health Organisation estimates that 140 million girls and women alive today have been forced to undergo FGM. It further estimates that 66,000 women resident BACKBENCH BUSINESS in England and Wales in 2001 had undergone FGM. There is another estimate that more than 24,000 girls in Female Genital Mutilation the United Kingdom are at risk from FGM.

4.30 pm Kerry McCarthy (Bristol East) (Lab): I do not know whether my right hon. Friend is aware that some time Keith Vaz (Leicester East) (Lab): I beg to move, ago I tabled a number of parliamentary questions to try That this House has considered the e-petition relating to to find out whether the lack of prosecutions was because stopping female genital mutilation in the UK. the Crown Prosecution Service was not willing to prosecute I am delighted to serve under your chairmanship or because the police were not passing such offences today, Mr Robertson. Shortly, I think we shall be joined to it; it looked as if very few cases were being referred to by the Minister for Crime Prevention, the Minister the CPS for consideration. responsible for this area—[Interruption.] Indeed, he is What assessment has my right hon. Friend made of rushing into Westminster Hall as I speak. Well done to the action plan from the Director of Public Prosecutions? the hon. Member for Hexham (Guy Opperman) for When it was launched—quite a while ago now—I thought sitting in for him; I think he was trying out the chair. I it was a really positive step forward in encouraging the am also pleased to see my hon. Friend the Member for police to report more cases of FGM to the CPS, but Warrington North (Helen Jones). nothing seems to have happened as a result of it. This is a critical debate. It takes place on the eve of the start of the first parliamentary inquiry into female Keith Vaz: My hon. Friend is right. We are concerned genital mutilation—an inquiry that begins tomorrow, that despite the action plan—welcome though it was; it with the hearings initiated by the Home Affairs Committee. provided a framework for prosecutions—there have still This is the right time for Parliament to discuss this issue. been no prosecutions. One of the witnesses for our I begin by thanking my hon. Friend the Member for inquiry will be the new DPP, Alison Saunders. Unless North East Derbyshire (Natascha Engel), the Chair of we find out the reasons why there have not been the Backbench Business Committee, for granting this prosecutions for FGM here when there have been debate and I also thank the other members of her prosecutions for it in other countries, we will not be able Committee. I appeared before it for the first time to ask to find those who are responsible for it here and bring for the debate and I was delighted that its members were them to justice. able to say yes. I particularly thank the hon. Member The three figures that I gave the House—140 million for Mid Derbyshire (Pauline Latham), who I think is girls worldwide now, 66,000 women resident in England planning to attend this debate. She certainly supports it; and Wales in 2001 and 24,000 girls at risk in the UK she supported the application for it and we would not today—are only estimates, and we must show caution have secured it without her, so I am extremely grateful when we cite them. Indeed, high-profile figures from the to her. communities affected by FGM have cast doubt on some I also thank the members of the Home Affairs of them. Today in , Nadifa Mohamed, the Committee, who all co-signed the application for the famous Somali novelist, suggested that the estimates debate: my hon. Friends the Members for Dudley North are “crude” and (Ian Austin), for Newport West (Paul Flynn), for South “based on unreliable data…several years out of date”. Ribble (Lorraine Fullbrook), for Bolton South East We rely on the estimates because they are the only (Yasmin Qureshi) and for Walsall North (Mr Winnick), ones we have, but we need to ensure that we are cautious and the hon. Members for Oxford West and Abingdon about how we use them. What we are trying to do in (Nicola Blackwood), for Hertsmere (Mr Clappison), Westminster Hall today, and what I hope the Select for Northampton North (Michael Ellis), for Cambridge Committee will attempt to do in its hearings, is to get to (Dr Huppert) and for Rochester and Strood (Mark the facts, so that we have some accurate way of knowing Reckless). who and how many people are at risk. As my hon. This is the first debate in this House on this subject Friend the Member for Bristol East (Kerry McCarthy) since the relevant legislation was updated in 2003. I said, every Member in Westminster Hall today knows cannot think of a crime as horrible as FGM that has that there have been no prosecutions for FGM, and I not been the subject of a prosecution since it became am sure that they will repeat that fact in their contributions. illegal. On numerous occasions, Members take part in We need to find out why. debates on Home Office and other Bills, passing legislation I also commend the work of Leyla Hussein. Her and bringing in new offences, but this is the only crime documentary “The Cruel Cut” went a long way towards that has not been prosecuted. raising awareness of this issue. The Home Affairs We need to look carefully at the reasons for the lack Committee is due to view it shortly as part of its inquiry of prosecutions; we need to hear, as we will during the and Leyla Hussein will be giving evidence to us tomorrow. Select Committee hearings, the testimony of individual The issue of awareness, exemplified by the number of 3WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 4WH

[Keith Vaz] given has been transformed since he started as a lowly paid legal aid barrister in the north of England. Things people who signed the petition, is extremely important. have changed, and the hon. Gentleman is right. New If people are not aware, they cannot be concerned; if technology provides us with the ability to look carefully they are not concerned, we cannot catch those responsible. at these offences. I am pleased that the Minister for Crime Prevention So far, the Select Committee’s inquiry has received is in Westminster Hall today, because he has been very 53 pieces of written evidence. That is higher than average— clear about this issue. He is a special Minister because by the time we complete our hearings, I expect we will he says what he thinks, does not read from a script and have even more. We are to report in July. We want to is not one of those robotic Ministers who will accept give the Government plenty of time to consider our everything that the civil servants say. He makes up his conclusions, so that we can see whether they are serious own mind—he is going red, but I think that is true—and about adopting the recommendations that we have made. is pretty blunt. He was very blunt when he said that he is Of course, we will want to look at the legislation. not prepared to worry about cultural sensitivities and Does the current legislation need to be toughened up? that if a crime is being committed, it needs to be There are two relevant Acts: the Female Genital Mutilation investigated. Act 2003 and the Prohibition of Female Circumcision This will be one of those rare debates in which every Act 1985. We need to look at them together and see single speaker agrees that something needs to be done, what further changes we need to make. I do not believe although, of course, we need to await the outcome of that there is a reason to toughen up the legislation; the the Home Affairs Committee inquiry and the other issue is not about changing the law, but about how we reviews before we find out precisely what needs to be implement the law. If I am wrong, I am sure that done. witnesses will tell us so as the inquiry progresses. Hundreds of prosecutions have been successfully secured Ms Diane Abbott (Hackney North and Stoke Newington) in France. Protection Maternelle et Infantile, a state-funded (Lab): My right hon. Friend’s Select Committee is to be medical body, conducts check-ups on pregnant women congratulated on its important inquiry. However, is not and on children in the first six years of their lives. I am one of the challenges in securing prosecutions the natural not sure that any equivalent body is doing that in our unwillingness of young girls to inform on their families? country. The process results in the highest rates of FGM detection and it is one of the most significant Keith Vaz: Yes. My hon. Friend is absolutely right. factors behind the high number of successful prosecutions. She is a distinguished Member—a former shadow Public Health Minister and a campaigner. She is viewed with However, we need to be clear that what is being done huge respect in the community, and she is right to raise in France is controversial; it has not been met with this issue. It is not just about one community; it is universal support from individuals and community groups. generally about families, and there is the reluctance that We need to look at and build on the success of what has she mentioned. Somehow we need to approach the happened in countries such as France. I do not know families, and I think we will develop that idea further in whether the Minister has gone to France to meet his our contributions today. opposite number, but the Committee will want to do that as part of its inquiry. Children should not need to give evidence against their parents. That is the sensitivity; it is not a cultural I have just returned from Nairobi, where we have sensitivity. The issue is to do with how the prosecuting been looking at counter-terrorism as part of the authorities need to approach the subject, but that should Committee’s brief. We met a number of Kenyan officials not be used as an excuse—I am sure my hon. Friend who were pleased at the change in law in Kenya and would not want it to be—for why there have been no other countries and wanted to share their experience prosecutions. with us. I was told on my way to this Chamber, by a number of people coming to watch these deliberations, Guy Opperman (Hexham) (Con): I congratulate the that we should also concentrate on countries such as right hon. Gentleman on securing this vital debate. Sierra Leone, because there is a real problem there. As well as looking at our own country, we need to look I started practising as a prosecution barrister in 1990. abroad to see what is happening—in Africa and other Prosecuting FGM cases involves the great difficulty of parts of the world and in those European countries obtaining the evidence and securing convictions, and at where there have been prosecutions. that time there was the same difficulty with sexual abuse and child abuse cases. People were only beginning to come forward then, but the situation has changed during Bob Stewart (Beckenham) (Con): I congratulate the the past 20 years. When the right hon. Gentleman and right hon. Gentleman on securing this debate. It seems his Committee consider this matter, they should learn to me that evidence could come from doctors and the lessons of the ’80s and’90s about how evidence can hospitals; such medical evidence should be sufficient to be given, including the use of televisual transmission, so start a serious investigation to deal with the problem. that victims are able to give evidence about events that That could happen now, although I am not sure whether in many cases took place many years before. it does. Perhaps the right hon. Gentleman will enlighten me. Keith Vaz: I am grateful for the hon. Gentleman’s intervention. He is not just a distinguished former barrister, Keith Vaz: I thank the hon. Gentleman. He is right. but a distinguished author. He is right—things have Common sense dictates that the first thing one would changed. We should not stand by and allow crimes to be do is go to the doctors, because they would know better committed, especially given that how evidence can be than anyone else. We can make suppositions, but at the 5WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 6WH end of the day, when people are being treated in hospital Guy Opperman: I welcome the fact that the right hon. or undergoing other forms of assessment, the doctors Gentleman is looking to take evidence from the French are in the relevant position. example, because surely that is the country we can best I would not want to say that the hon. Gentleman has learn from; it has dealt best with this problem. Does he identified one of the Committee’s recommendations, agree that we will need to be robust with the communities bearing in mind that we are only starting the inquiry where the problem is taking place? As the French former tomorrow, but common sense dictates that the medical Justice Minister, Rachida Darti, said, profession has a huge role to play in trying to help us “This mutilation has no foundation in any religion, philosophy, solve the problem. However, we will not know how until culture or sociology…It cannot be justified in any way”, we have the chance to hear from them. because, quite simply, it is a crime.

Kerry McCarthy: I met a group of women health Keith Vaz: That is helpful. I am glad the hon. Gentleman workers in Bristol on Friday. My right hon. Friend quoted Ms Darti. I do not need to use that quote since knows that Bristol has been at the forefront of the he has cited it so eloquently. campaign against FGM. Some brilliant work has been done by the young women there. The health workers Yes, we need to find out what is happening and we obviously come into contact a lot with women who have need to be robust, but we should also understand that undergone FGM, but usually at the stage when they are this is an area of the criminal justice system; the hon. giving birth and going through maternity services. That Gentleman described how it has improved. My hon. is far too late to identify who carried out the operation Friend the Member for Hackney North and Stoke on them, given that that usually happens before the age Newington (Ms Abbott) warned us about getting children of nine. to give evidence against their parents. These are important The health workers were convinced that the best issues. They are not cultural issues, but about how we solution would be to have examinations of girls in approach our system of justice. schools. I agree with my right hon. Friend that this is an As well as hearing from the Minister and others, we incredibly sensitive matter, but I just wanted to place on hope to hear from health care professionals, the police—we the record that the health workers I spoke to thought need an explanation about why there have been so many that the solution would be for us to have some system of years without a prosecution—and the CPS, because inspecting girls at risk. these matters go to the CPS. We have had an enlightened DPP in the past few years in Keir Starmer, who made Keith Vaz: That is extremely helpful. If my hon. some useful statements about the issue, but unfortunately Friend would like to put the group that she contacted in no one was prosecuted while he was DPP. The inquiry her constituency in touch with the Select Committee, will hear from Alison Saunders, the new DPP. we would very much like to hear from them. One The National Society for the Prevention of Cruelty feature of this inquiry is not just to hear from the men to Children, which gave written evidence to the Committee, in suits, who always want to give evidence to Select set up a helpline last year to see how many calls were Committee inquiries—although I hope that the Minister received and from whom. will come suitably suited and booted when he appears. To date there have been 152 calls, e-mails and other We also want to hear from others, including all the communications to the helpline: 31 were from professionals stakeholders. Local groups know more about this subject seeking general advice on female genital mutilation; than those of us who sit in Westminster. Please put us in 56 were inquiries about more detailed information or touch with the groups, so that we can hear from a wide training, and 65 were referrals by professionals concerned range of individuals and organisations about this subject. about specific young people. That gives us a good breakdown of the number of people involved in the study. Bob Stewart: I apologise for intervening again, but I I thank the NSPCC not only for submitting written recall, colleagues, that when primary schools take children evidence but for sharing that important information in, there is a medical for boys and girls. If that was to be with us. The statistics prove that we need not only somehow tightened up, we might get better evidence prosecutions, but education and awareness, without about what is happening. Again, I may be wrong, but which we will not be able to get to the bottom of this that is what I think. Perhaps the right hon. Gentleman, terrible crime, and we will miss opportunities to prevent who is a friend, will enlighten us again. such crimes and to take appropriate action. I am delighted that my hon. Friend the Member for Keith Vaz: I do not know. It is about 52 years since Kingston upon Hull East (Karl Turner) has joined us. I was in primary school. In the House this afternoon he probed the Home Secretary on female genital mutilation and rightly praised the Bob Stewart: Me too! Government for their work so far, but he also urged more action. He has been one of the great campaigners Keith Vaz: I was going to say that the hon. Gentleman on this issue, and I pay tribute to him. looks younger than me. I cannot remember what happened at primary school, even though I am sure some newspaper Guy Opperman: I am most grateful to the right hon. will find out what I did there 52 years ago. Gentleman for giving way one last time. Does he accept We will find out; this is precisely why we are having that, although prevention is obviously the most important this debate. We will study every contribution from every part of any campaign, the Crown Prosecution Service Member, because these are the kinds of things that we and the police must have a strong emphasis on prosecuting need to find out. events that may have taken place 10, 20 or 30 years 7WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 8WH

[Guy Opperman] consider a mandatory obligation to report any suspicion, whether it is in schools, hospitals or any other field? previously where there is evidence that allows such cases People should be forced by law to report such suspicions to be brought, provided that the victim is willing to because FGM is a serious criminal offence. come forward? Keith Vaz: My hon. Friend speaks with great passion Keith Vaz: I agree with the hon. Gentleman, but I on this subject, and he is right that that is something we caution against taking a historical approach too far. need to consider. I will not pre-empt the Committee’s I understand what he says. If someone has committed a conclusions—the inquiry has not even started—but that crime, no matter how long ago, we have to follow the is something we will need to consider. If people are evidence and search for the truth, but the evidence is in required to report their suspicions, we are more likely to front of us now. Female genital mutilation is happening discover crimes that have been committed. now, so we have to prevent it from happening at this I am nearing the end of my contribution, so I just say very moment. He is right that we need to go back to to hon. Members that I will not give way again because find those responsible. Debates, inquiries and discussions I know that others want to participate, but I thank such as this, and the consequent media attention, will everyone for what they have said. mean that many people come forward to talk about things that happened many years ago, and perhaps they I finish by acknowledging what the newspapers have will now feel stronger about giving evidence than they done. Alexandra Topping of The Guardian has written would have done when it happened to them. many impressive pieces on what has been happening, and Martin Bentham and Anna Davis of the London The urgency is that, as we speak in Westminster Hall Standard won Women on the Move awards for raising today, the statistics show that in some part of the awareness. I am pleased that the Government have country a young girl or woman is being subjected to pledged £35 million of dedicated foreign aid to address FGM. It is happening as we speak. I do not want to say FGM abroad, and I welcome the work of the hon. to how many people it will happen during this three-hour Member for Mid Derbyshire (Pauline Latham) as chair debate because I have already cautioned against being of the United Nations women all-party group and the over-reliant on estimates, but it is happening. We need work of my right hon. Friend the Member for Cynon to act now. Valley (Ann Clwyd). I also welcome the extremely helpful I conclude by congratulating those who initiated the work of the Select Committee on International e-petition, without which we would simply not be holding Development and the right hon. Member for Gordon this debate. It is true that we could have taken our place (Sir Malcolm Bruce). in line to apply to the Backbench Business Committee There is still a huge amount to be done and a long for a debate, but the e-petition has enabled us to come way for us to go to stop this brutal crime. Although the to Parliament with a body of opinion behind us in the wheels have started to turn in recent months, the best country so that we could put that information before way to ensure that the Government act is for Parliament the Backbench Business Committee. I thank those who and the people to come together to ensure that the led and signed the petition to the Government, which Government do not lose the momentum that has begun amassed 106,281 signatures: Leyla Hussein, whom I over the past few weeks and months. It is deeply worrying have mentioned; the Daughters of Eve; and Efua Dorkenoo that when, for example, Leyla Hussein stopped shoppers OBE from Equality Now. I also thank those who signed in Northampton to ask them to sign a petition helping and organised the Change.org petition, particularly Fahma her to protect her culture, tradition and rights, many Mohamed—that petition obtained 229,925 signatures. people did not sign. She asked people to sign the Taken together, a third of a million people have signed petition in good faith, but 19 people declined in a petitions to ensure that female genital mutilation was 30-minute period. It is important that we acknowledge brought before the House today. that, although we know about the problem, there are Some things happened almost immediately, before many more who do not know about it. We must continue this debate and before the Select Committee’s hearings, to raise awareness. which begin tomorrow. I welcome the fact that the Since the debate began, two members of the Home Secretary of State for Education, after meeting Fahma Affairs Committee have joined us: my hon. Friend the Mohamed and others, has agreed to write to all primary Member for Walsall North and the hon. Member for and secondary head teachers to remind them of their Cambridge. They have both been at the forefront of responsibilities. That is very important, but when the securing the Committee’s inquiry. I know that they will Select Committee produced a report on forced marriages want to ensure that the Committee looks for all the because we were concerned about the number of young reasons why there have been no prosecutions, so that we girls who were disappearing in the summer term to be can get those prosecutions and so that women and married abroad and we asked the Secretary of State to young girls in our country and abroad can at last feel write to remind head teachers to look out for sudden that justice is being done. falls in the attendance rolls, he and his Ministers decided not to do so. The FGM reminder is an excellent opportunity to address that responsibility in relation to forced marriages. 4.59 pm (Solihull) (LD): I congratulate the right Karl Turner (Kingston upon Hull East) (Lab): I am hon. Member for Leicester East (Keith Vaz), the organisers obliged to my right hon. Friend for giving way. I apologise of the petition and the many thousands of people who for arriving late, and I congratulate those who secured were good enough to sign it. The right hon. Gentleman the debate. The Secretary of State for Education is mentioned the lady who had some difficulties when writing to schools, but should we not now seriously going up to people and asking for signatures in the 9WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 10WH street, but I do that regularly, so I know that people and we need to be careful that we do not sound too often do not sign if they do not immediately realise judgmental about those women, who are often not very what is being called for. It is not lack of understanding well educated. They genuinely think that FGM is best or of compassion; it is just because someone is approaching for their daughters. them on the street. I am sure that those 19 people, as well as the many others who did not respond, would Lorely Burt: I am grateful for that intervention, but have done so had they begun to appreciate the enormity the right hon. Lady gets to the crux of the matter. She of the problem. says that we should not be too judgmental, but in this I will concentrate my contribution on the honour country that is exactly what we must be. We must be culture, which is from where these practices emanate. I judgmental about the families who perpetrate the practice. commend to colleagues in the House and anyone listening Culture is no excuse for that kind of abuse. to the debate the film, “Honor Diaries”, which was premiered in this House last Wednesday. Paula Kweskin, Ms Abbott: I am the last person in the world to use the writer and producer, addressed hon. Members and culture as an excuse. The fact that we have had no community and business leaders and spoke about the prosecutions is a disgrace, and if I catch the Chair’s eye, making of the film. The whole point of the film is that I will speak on that issue. None the less, we have to while we respect culture in this country—of course we remember that these women think they are genuinely do—it is no excuse for abuse. I have sent a link to the doing the best for their children. film to every Member of Parliament and every Member in the other place. Lorely Burt: I take the right hon. Lady’s point. Another issue is simply the autonomy of women. The film Having watched the film, which is harrowing in places, features an Egyptian lady who is not permitted to drive the basic premise is that in some cultures, a woman is or to go out unless she is accompanied by a male not a person in her own regard. She is part of her guardian. Although I catch the right hon. Lady’s drift, family, led by its male members—her husband or her there should be no room for tolerance of FGM in this father—and male honour depends on the behaviour of country. Even if it is a cultural thing, it cannot be the woman. That is why, in some cultures and some acceptable. areas, she is so very constrained. In the film, we hear harrowing stories about a girl who dared to look at I will briefly address the erudite comments of the some boys as she walked past. Any young girl would right hon. Member for Leicester East on what we need glance at a boy, but that poor girl had acid thrown over to do in this country. The Government have already her, just because she did that. The film spoke to a done some encouraging things, such as the day of zero number of men, who were completely open about the tolerance that we had in February and the fact that it is fact that their honour is the most important thing; more now compulsory in hospitals to report FGM if its important than the life and happiness of their child. perpetration on a patient is detected. The film goes through issues including arranged marriage What worries me a lot—it has been discussed a and honour killings, mutilations and whipping as lot—is the spiriting away of children to other countries punishments for any perceived infringement of the family to have FGM perpetrated on them or to have arranged honour. marriages, with children as young as 10 being married off. The Home Office has managed to obtain £100,000 Bob Stewart: Perhaps the hon. Lady will go on to from the European Commission for community explain this, but what is the role of the mother in this engagement work on FGM, and British charities can arrangement? The mother must have a powerful position bid for up to £10,000 to carry out that work. The within the family and, regardless of what we think, she Government have appointed a consortium of leading is pivotal to sorting this issue out. anti-FGM campaigners to deliver a global campaign to end the practice. Lorely Burt: One would think so, but that is often not We must take affirmative action, and I look forward the case. Indeed, I was going to explain that FGM in to the outcome of the inquiry that the Home Affairs particular is usually perpetrated by the female extended Committee is about to undertake. There is so much family. Shocking though that is, the film shows a woman more that we must do. We in this country are taking the who, because it is part of the culture, does these barbaric lead, which is entirely appropriate not only because it acts on children. She says, “The children will not grow is the right thing to do, but also because a third of a up strong. No one will want to marry this girl if she million people took the trouble to sign the petition for does not have this done.” It is doubly shocking that the today’s debate. Imagine what else we can do with that mother could be the willing participant in something as kind of groundswell of support behind us. awful as that. This issue is about very basic rights. We have done 5.10 pm work in Afghanistan, and we can see the number of Lyn Brown (West Ham) (Lab): I want first to congratulate girls there who can now go to school. Malala Yousafzai my right hon. Friend the Member for Leicester East has so strongly raised the right of young girls to go to (Keith Vaz) and the hon. Member for Mid Derbyshire school, and that has gone all over the world. (Pauline Latham) on securing the debate and to welcome the comments made by the Secretary of State for Ms Abbott: It is absolutely correct to say that more International Development over the weekend. Both sides often than not it is mothers and grandmothers who of the House will unite on female genital mutilation to insist on FGM, but let us not forget that these women ensure that we prosecute those responsible for inflicting think they are doing their best for their children. We are such a brutal practice on girls and women, and that we talking about cultures that are very invested in FGM, eliminate it once and for all. 11WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 12WH

[Lyn Brown] Bob Stewart: I thank the hon. Lady for her speech. I was there when she spoke in the Chamber and thought Shockingly, an NSPCC survey of teachers reported that she did tremendously well. Is the unit to which the that one in six are unaware that female genital mutilation hon. Lady refers able to visit schools in her constituency is a crime, and that 68% of teachers are unaware of any to educate both teachers and children to try to stop this Government guidance on what to do if they believe that abhorrent crime? a girl whom they teach is at risk. It is clear from what we have heard over the past weeks and months that we Lyn Brown: The unit is in its infancy and is currently need to increase awareness of the practice among all developing how it will work within the community. I professionals, such as GPs, midwives, teachers and health will go on to discuss what the unit expects to do in the care and social workers. To do so, however, we must be next bit of my speech. more open as a society about discussing women’s bodies and be more comfortable with the language. Open and When a maternity professional becomes aware of a honest dialogue with boys, girls, men and women about mother who has been the victim of genital mutilation, women’s bodies will help to raise awareness and to they are required to make a referral to safeguarding break down the barriers that cause ignorance and officials for child protection reasons and to invite the embarrassment. We need to use words such as vagina woman to access the genital mutilation prevention service. and clitoris, because the more that we say them, the The service is geared up to support the victims of more comfortable we will become with initiating and female genital mutilation to empower them to understand engaging in such discussions. the negative consequences of mutilation and to enable Some hon. Members present will recall that I spoke them to become an advocate against the female genital in the Chamber during the Adjournment debate before mutilation of their own daughters. The service will Christmas about a procedure called a hysteroscopy, provide advocacy for victims, involving extended family which looks inside a woman’s uterus and is often used and spouses where appropriate, and thereby support to investigate symptoms such as pelvic pain, abnormal women in their own environment to take a stand against bleeding and infertility. I must admit that I found it the practice. difficult to use words such vagina, uterus and cervix in In answer to the hon. Gentleman’s question, Newham the Chamber. council is training community-based female genital mutilation champions and is supporting victims to report Bob Stewart: You did it very well. domestic sexual violence to the police. So it is working with women in the community to work with women in Lorely Burt: Well done. the community in order to raise awareness of the act’s illegality. Lyn Brown: Thank you. If I find it hard to use such language, goodness knows how difficult it must be for a young girl or Keith Vaz: I thank my hon. Friend for her eloquent woman if she needs to talk to someone. speech. I am pleased to hear about what Newham council is doing, which is no doubt a result of her According to my local borough of Newham’s children prompting and campaigning. Will the people involved safeguarding data, there were six recorded cases of in the unit also be members of the community? Units female genital mutilation in 2013, and only five cases that are set up sometimes do not reflect the clients and were reported to the police. In 2007, however, the diasporas involved. Is she confident that the unit will Foundation for Women’s Health and Development, in reach the roots of the community? collaboration with the London School of Hygiene and Tropical Medicine, estimated that the number of maternities to women who had been genitally mutilated in Newham Lyn Brown: I am supportive of the action that Newham from 2001 to 2004 was between 6.7% and 7.2% a year. is taking to try to address the issues that may exist in the Using that as a calculation—rough and open to criticism community, but I will not take the credit. Councillor though it might be—we can estimate that there were Robinson and Councillor Paul have been active in action between 436 and 467 births in Newham to women who tackling violence against women and girls in our community, have been mutilated. Evidence shows that the children and it is their work that effectively led to the unit’s of women who have been mutilated are at greater risk of creation. mutilation. It is therefore clear that there could be a I am told that the unit will be highly sensitive. It is large disparity between what is reported and what is being commissioned in the grass roots of the communities actually happening in the community. The probable themselves and will not be a council office. The service discrepancy in data highlights the need to work with will seek to educate local health visitors, GPs, educational at-risk communities—I hate to use that phrase—to professionals, children’s services and police professionals ensure a greater understanding among the professionals and to support them in making relevant referrals. The charged with supporting victims of genital mutilation. council is also intent on gathering evidence on trends In response, Newham council has commissioned a and issues concerning female genital mutilation in the female genital mutilation prevention service, which, to borough, and I hope that that will help to inform the my knowledge, is the first of its kind in the country. The work not only of Newham council but other councils service is one of many that sit within the one-stop shop and communities that are affected. I am encouraged that supports victims of violence against women and that the CPS thinks a prosecution for female genital girls and was commissioned to intervene when health mutilation is closer, because that would raise the issue professionals first become aware that an expectant mother higher in the mind of the community. Unless we start has been genitally mutilated, which normally occurs to prosecute those responsible, to raise awareness during routine pregnancy examinations. and reduce stigma, I am not sure we will ever begin to 13WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 14WH eliminate the awful practice in question. That is why the explanation about how relationships work, that will not debate is so important, and why I am delighted to speak help those young people to become responsible, happy in it. adults. I urge all Members of the House, and indeed communities across the country, to continue to highlight Guy Opperman: I endorse the broad thrust of what the issue and campaign for appropriate resources to the hon. Lady says, but that is part of a package of tackle a brutal practice. measures. Let us not be blind to what we all acknowledge: there is no one single thing that will change the existing climate, the cultural approach, or the likelihood of a 5.20 pm criminal prosecution. There are several different matters, Guy Opperman (Hexham) (Con): I shall speak briefly, and that is why I welcome the fact that the Home because others should have the opportunity to speak. I Affairs Committee will consider the matter and make confess I did not intend to speak until I saw the debate recommendations, just as I welcome today’s debate. listed, but I felt impelled to come to support the right The first issue I wanted to talk about is international hon. Member for Leicester East (Keith Vaz), who prevention. I welcome the fact that the Government, introduced the debate, and my hon. Friend the Member following on the good work of previous Governments, for Mid Derbyshire (Pauline Latham), who chairs the are making international aid money available; the Secretary all-party United Nations women group. I congratulate of State for International Development is committing the various newspapers who highlighted and publicised several million pounds to education around the world, the issue. The point of a free press is to give exposure to continuing processes established by her predecessors. such things and articulate the case. I pay tribute to The Surely that must be the start, and there are lessons to Guardian, the Evening Standard and various local papers, learn from countries such as France, which has grasped such as those in Bristol that gave particular support to the issue of the horrendous crime in question. Its approach the campaign, and to the individuals who signed the is robust and no-nonsense, and all credit is due to it. petition and brought the issue to wider recognition in the House and generally. Lyn Brown: Does the hon. Gentleman think that the Normally I sit in awe of the Chair of the Home French approach has much to do with the French Affairs Committee, so it is interesting that I should separation of church and state? We do not have the make any recommendations to the Committee, but I same culture here; is there a misguided liberalism around suggest that it might give attention to six matters. The the issue, and is that something we need to understand? first three are international prevention, local prevention and cultural change. The fourth is the identification and Guy Opperman: The hon. Lady makes a fair point support of flag-bearers for potential prosecutions. The and I can only quote the words of Isabelle Gillette-Faye fifth is examining and making conclusions on the extent about Great Britain: to which the two Acts that currently apply to the crime “You have a tradition of multiculturalism, but you cannot in question should be changed; and the sixth is addressing accept everything in the name of tolerance, and certainly not the and identifying the legal processes by which the offence abuse of girls through mutilation and forced marriage…You have would be brought forward. to tell parents cutting is not acceptable and if they don’t listen you threaten them with prosecution and jail.” Dr Julian Huppert (Cambridge) (LD): Perhaps I should She finishes with two simple words: not add to the hon. Gentleman’s list of recommendations “It works.” for the Select Committee, since I am on it, but there is We must be blunt. There is no point beating about the one that might unfortunately be beyond our scope, and bush. The problem comes from certain countries, and it that is sex education in schools. Does the hon. Gentleman will be necessary to engage with those communities. agree that there is a fundamental problem when sex and There is no question that in such countries as Burkina relationships education in schools is not compulsory? Faso and Mali the cultural tradition in question goes Parents can withdraw their children from it, so many on—and, as the hon. Member for Hackney North and children may not get information that would help them Stoke Newington (Ms Abbott) said, in some respects it to understand the issues and what they should do—and, is a normal cultural tradition in those places. That indeed, to use the type of language whose importance needs to be addressed, and the focus of the international has been discussed in the debate. aid money should be on the countries where it is prevalent. Guy Opperman: Far be it from me to disagree with a We all welcome and support the campaigner Fahma member of the Committee, particularly before it has Mohamed. We also welcome and support what The begun to sit, but my answer is yes and no. Yes, there is a Guardian has done, and the changes brought about need for greater awareness of sex education as part of through the decision of the Secretary of State for Education the educational programme that is under way, but I do to write to all the schools in the country, because of the not think that that of itself will provide a panacea or campaign. It can only be a good thing for local prevention solution. It is one aspect of the problem. that several different Departments are engaged in the issue, as evidenced by the recent announcement from Lorely Burt: Perhaps I may elaborate on what my the Department for Education, the money allocated by hon. Friend said. It is not just sex education but sex and the Home Office, and the actions of the Department of relationships education that should be compulsory in Health. It is right and proper to record the campaigning every school in the country. Young people do not know work done by the Under-Secretary of State for Health, how to behave, and that is a great sadness. Things are my hon. Friend the Member for Battersea (Jane Ellison). difficult enough for them when they get to puberty and She was raising the issue for some time before her hormones start rushing. You can give them sex education promotion, and making it a priority was part of her until you are blue in the face, but without guidance or brief at the Department of Health. 15WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 16WH

[Guy Opperman] a successful prosecution for something that has taken place in the past. Again, I make the very strong point to Clearly there is a need for extreme sensitivity about the individual communities—they all know who they the religion and culture of the communities affected. are—where such offending is taking place. They all have However, there is also a need for a robust approach. It is to consider this: given that well over 100,000 people in unacceptable that after successive Governments have this country have suffered this fate, if the evidence is abhorred the practice, it is almost impossible to get a there and they have not come forward thus far, they are witness to give evidence against their parents or relatives. letting their community down if they do not come That is the harsh reality. My first question to the right forward. hon. Member for Leicester East was about the comparison I want to discuss law change. I know and worked with with the situation in the late 1980s and the 1990s, when the previous Director of Public Prosecutions, Keir Starmer, there were child abuse and sex abuse allegations, and who was an outstanding DPP. I do not know the prosecutors encouraged children to give evidence against present DPP—partly because I am so old and I was not their relatives of that abhorrent crime. The issue we are practising when she was—[Interruption.] I am ageing debating is child abuse and sexual abuse just as much as fast. In her submissions earlier this year, she makes the that was. There is no difference. fair point that it is possible that the law may need to be changed. As I understand the legal framework, if I were Bob Stewart: I have been thinking about this carefully. a prosecutor and the individual who had committed the If a successful prosecution were to go ahead, a mother offence was not a UK resident, it would be exceptionally and a father may well be indicted in court. Therefore, difficult to pursue that prosecution. The Select Committee what would happen to the children if the two people needs to look at that and it would be well advised to who normally look after them were jailed? address that. However, while many are being taken Guy Opperman: I can assist my hon. Friend. Procedures away in order for cutting to take place, there are those are in place for prosecutions and, within the confines of who are definitely performing that act in this country, the criminal justice and social services systems, whether and they will have records and payment systems, so the child is taken into care or fostered or supported, there is plentiful evidence that these things took place. there are definitely support mechanisms in place. It is Examinations should be done. Where a victim has not easy. No one should pretend that someone giving suffered that crime in this country, where a prosecution evidence against their family members is easy in any is so much easier to pursue, and continues to live in this way whatsoever. I will come to the degree of support country, that is the best potential avenue for successful that I want to see, but the individual campaigners must prosecutions, and that should be the direction of travel also look hard at their individual communities and ask for the Crown Prosecution Service. themselves: where is the flag-bearer? Where is the woman I finish on the issue of legal processes. When I started who is prepared to stand up and say, “This has happened prosecuting in 1990, there was no such thing as a to me,” and to suffer what is—let us be blunt—a very victim’s statement. The victim gave their witness statement embarrassing process? I have prosecuted well over 100 trials and then, even in sexual cases, they gave evidence live. and giving evidence of sexual allegations against a lady There were no screens and no TV monitors, and judges or a man is exceptionally embarrassing at all times. and counsel were not trained. We have advanced light years in the past 20 or so years: successive Governments Lorely Burt: I suggest to my hon. Friend that we are have introduced everything from police officers who are talking about more than embarrassment. By doing that, trained to take statements, to processes that make it someone would be dishonouring their own family and much easier for children to give evidence, and training the repercussions of that can be much more severe than for individual judges. I could go on. My point is this: a little embarrassment. just as we had to train judges, counsel and court staff in how to handle sexual offences cases—particularly child- Guy Opperman: I accept that at present the prevailing based sexual offences, such as the abuse of five to cultural interpretation is such a dishonouring. But when eight-year-olds, who then have to give evidence in some one compares the situation here with that in France, shape or form—as the Home Affairs Committee reviews one sees that, slowly but surely, it has become the case this matter and as the processes are gone through, we that failing to come forward to make such a case is must make very sure that the appropriate mechanisms dishonouring the culture and community of which they are in place, and that the appropriate judges and counsel are so proud to be a part. In the 21st century, it cannot are in place, to address this type of prosecution and be an appropriate part of that culture and community take that forward. to condone, allow and positively encourage the continuation of this abhorrent act. In the French communities, we Such a prosecution will not be easy to bring. It needs see a change in perception, with support for those to be done with great sensitivity and profound awareness individuals who give evidence from the very same people of all the cultural problems. I had not intended to who perhaps five or 10 or 15 or 20 years ago would have speak, Mr Robertson, but I thank you for your indulgence. named and shamed and made life very difficult for those individuals. That is an example of a country that 5.37 pm has moved further forward and the impact of that Ms Diane Abbott (Hackney North and Stoke Newington) change. (Lab): I congratulate the organisers of the petition. I I come back to the point that this is an offence. Of will deal with the allegation that, in some sense, I was course, we want to stop any such offending taking place preaching tolerance of FGM. I had a different point. In now. Huge efforts will be made by successive Governments some ways, perhaps we have been too tolerant in the and various aspects of Government to stop this happening past. We need prosecutions, partly because of the exemplary now, but the best possible preventive measure would be nature of the process, and we need the duty to report. 17WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 18WH

I believe that—this is quite controversial—we need I was reading about the subject at the weekend in routine medical examinations and we certainly need to preparation for this debate. Quite often, FGM is done raise consciousness among health and education with a knife or razor blade. I have read narratives from professionals. We also need to support the victims of young women who have been held down by family FGM with more units such as those in Newham. I members, and their blood has spurted from between repeat, however, that unless we understand why people their legs on to the face of the cutter. Those women bear who consider themselves conscientious family members those memories for a lifetime. I hope no one is accusing would collude with this process, we cannot eradicate it. me of preaching tolerance of a brutal and ultimately I would like this country to be an FGM-free zone: a profoundly sexist practice. What is FGM about? It is place of safety for young children. However, along with partly about controlling women—controlling their sexuality all that I have set out, we also need to have some and controlling them in their society. understanding of how embedded it is in culture. Even though a new law was passed in 2003 that made it illegal for British-based parents to send girls abroad People are talking about FGM as if it is a brand-new to be cut, no prosecutions have resulted. That is shameful. issue. It is not; it has been spoken about since the ’60s. I would not necessarily use France as an example of Those of us of a literary turn of mind will remember best community relations, but on this question the the American novelist Alice Walker’s 1992 novel, “Possessing French have performed rather better than we have in the the Secret of Joy”, which is about FGM. We also UK. In the past 34 years there have been 29 trials, in remember that whenever FGM has been raised, whether which 100 people—both parents and cutters—have been by women on the continent, writers overseas or health convicted. The most recent was in Nevers in central professionals, it has been met with a ferocious defence France 18 months ago, in which a father and mother of from those countries and communities. Jomo Kenyatta, a small girl were jailed for two years and 18 months who was otherwise a much respected liberator and respectively. Now, one would not want to put children’s leader in Kenya—he was the first Prime Minister—was mothers and fathers in prison, but that can happen in a great defender of FGM. the context of other dreadful crimes. I believe that Let me remind the House about the incidence of unless people know that there is some possibility of FGM in particular countries. The countries with the prosecution, efforts to bear down on FGM will just be highest level of FGM according to UNICEF are as talk. People have to know that when it comes to it, follows. In Somalia, 98% of women are affected; in either the cutter or the family members will bear the full Guinea, it is 96% of women; in Djibouti, it is 93%; in sanction of the law. Egypt, it is 91%; in Eritrea, it is 89%; in Mali, it is 89%; Some people have said to me, “If you simply prosecute in Sierra Leone, it is 88%; and in Sudan, it is 88%. people, that on its own is not going to do it.” Of course it will not do it on its own, but in this society we use the I put it to the House that, despite the fact that we law to signal our abhorrence of certain practices. The have known for perhaps 50 years of the medical harms law should be used at the very least to signal our and the problems associated with FGM, incidence of abhorrence of FGM and to protect not hundreds but FGM in those countries remains very high. That is a thousands of young girls in this city who might be in clue that, on their own, knowledge, education and danger of FGM even as we speak. consciousness raising will not bear down on the practice. As I have said, communities are invested in the process. Another thing that happens in France is systematic Very often mothers and grandmothers collude to have examination of girls for signs of FGM during health the FGM done. In some societies, such as Sierra Leone, checks. We have to look at that. If the possibility for the people who do the cutting are women. They belong prosecution rests on asking young girls who are already to some secret cult, and despite the fact that, I believe, in a patriarchal family structure to inform on their FGM is illegal in Sierra Leone, those women will march parents, it seems to me that our levels of prosecution are to defend their right to cut children. Unless we understand going to remain low to zero. that kind of thing, we will just be talking. It is a difficult Of course it is important to change attitudes—that is and complex subject, which is not new. People have what the campaign in The Guardian and some of the been fighting against it for half a century. It is not local campaigns are doing—and to support victims and simply a function of ignorance, as I say. In those countries, to try to get the information out there. But as I have it is against the law, and there are education programmes, said, if we look at the countries where FGM is an issue, yet still relatively sophisticated people have FGM performed they have had that information. They have made it on their female children. illegal and they have raised consciousness and had poster campaigns, yet levels of FGM remain very high. For 29 years, Britain has specifically banned the In my short-lived career as a public health spokesperson, practice of FGM. At this point, it might be helpful to one of the things I learned was that in public health put on the record what FGM is. FGM can range from matters, although we of course want to change people’s the removal of the clitoris to the sewing up of the personal understanding and practices, the most effective vagina, leaving only a small aperture for urination. It measures are those taken upstream. Nothing has done is not necessary to be a doctor or medical expert to more to bring down levels of smoking in this country understand the medical problems that can arise for than banning smoking in pubs and clubs. That brought someone who has had their vagina sewn up—perhaps in down levels not only of smoking but of adult and adolescence—opened up again so their husband can childhood asthma. I believe that if we deem FGM to be consummate the marriage, sewn back up and then a public health issue, we need upstream measures on it, opened up again to have a baby.It is the most extraordinarily such as prosecutions and looking at the question of cruel procedure. The medical problems are obvious, and medical examinations. Of course we want to change have been so for decades. hearts and minds but if people are contemplating having 19WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 20WH

[Ms Diane Abbott] a court. If people were being mutilated by someone wielding a knife in the street, there would be an outcry FGM done to their daughter or are thinking that they demanding justice for the victim. Yet the victims of can send their daughter home in the school holidays to FGM are mutilated in private. They are subjected to the have it done, they need to know that they are courting most horrific form of child abuse and violence against prosecution. women, which is so bad that it is classified by the UN as We need always to be careful about how we talk torture. Yet their perpetrators are not brought to justice. about communities and cultures. It does no good to try to imply that the mothers of the young girls affected are Ms Abbott: Does my hon. Friend agree that a difficulty in some sense monsters. It is important to understand with these sorts of statutory sexual crimes is that they the cultural context, and to understand that it is because sometimes involve one person’s word against another’s, of that cultural context that mere exhortation of people or that they happened a long time ago? With FGM, the to stop doing FGM to their female children has failed physical consequences are very clear and last a lifetime, in country after country. I am clear: it is a disgrace and which makes the failure to prosecute even worse. a shame that in 2014 we cannot protect those young girls in London and other big cities. We do not need Helen Jones: My hon. Friend makes an excellent simply consciousness raising and educational information. point, and I will come to how we might gather evidence. It is not even a question of the units that we are now She is right. It is simply incredible that no one has yet getting, thankfully, in places such as Newham. We have been prosecuted. The law is fairly clear, although it is to face up to the need for prosecution and for routine worth considering proposals from various places to medical examination. look at offences preparatory to the offence of FGM and at how the law could apply when the cutter is a FGM is a practice to which some of the British foreign national who then leaves the country. I hope the authorities have turned a blind eye for too long. It is Minister will say whether the Government are prepared long overdue that we, as a political class, take serious to consider that. If they are prepared to introduce action on FGM. I am therefore grateful to the people proposals, we will facilitate putting them on to the who organised the petition and made the debate possible. statute book. For all sorts of reasons, the existing law is not being 5.48 pm implemented and Parliament must make it clear that it must be implemented and the necessary steps must be Helen Jones (Warrington North) (Lab): I congratulate taken to do so. As several hon. Members have my right hon. Friend the Member for Leicester East acknowledged, including my hon. Friends the Members (Keith Vaz) and the hon. Member for Mid Derbyshire for West Ham (Lyn Brown) and for Hackney North and (Pauline Latham) on securing the debate. As my right Stoke Newington (Ms Abbott), this is an extraordinarily hon. Friend reminded us, it has been a long time since difficult area. Many girls are too young when they are we debated FGM in this House—far too long. The cut to be able to speak about what has happened to debate today has shown both the strength of feeling them. When they are older, many do not wish to bring among Members of all parties and the vast reserves of shame or trouble on their families. My hon. Friend the knowledge among those who have spoken. Member for Hackney North and Stoke Newington is I also want to congratulate the campaigners who right to say that families may believe that if they do not have done so much to raise the profile of this issue, carry out this mutilation, they could be excluded by including Daughters of Eve and Equality Now, but their community, or their daughters may find it difficult particularly Leyla Hussein and Fahma Mohamed, who to make a decent marriage and so on. represent the best of our young women. They have The Government must work with those communities dared to confront and to speak out on an issue that to improve understanding, to change people’s minds many of us find it difficult to grapple with and would and to encourage them to come together to eradicate often prefer to ignore, and their courage ought to be FGM. One family alone cannot stand against it, but a commended. They are right to remind us of the terrible community with the right leadership can act. I recognise failure for which Governments of all colours have been that, but saying that something is thought to be right or responsible for 28 years. We must face up to that and a cultural norm does not make it right. Alongside the accept the responsibility. We have failed British girls effort to try to change attitudes, there must be an effort who are subject to this horrific abuse, and because of to enforce the law. That effort must begin by training that failure, a child somewhere will be crying as they are professionals to recognise girls at risk of FGM to cut, and a woman somewhere will be forced to endure ensure that they are protected, and to report it when almost unbearable pain in childbirth or sexual intercourse, they encounter it. or will suffer from depression or post-traumatic stress I hope the Government will accept unreservedly the because of what has been done to her. recommendations of the report by the royal colleges. The report from the royal colleges, “Tackling FGM FGM must be treated as child abuse with no ifs, no buts in the UK”, estimates—it is an estimate, as every hon. and no maybes, and front-line professionals, whether in Member who has spoken today has said—that about health, teaching or social work, must be empowered to 66,000 women in England and Wales have undergone protect girls at risk and be assessed on the outcomes. this mutilation and are now living with the resulting That requires early identification of those who may be pain and complications, and that about 24,000 girls subject to FGM, even from babyhood, and especially under 15 are at risk. Yet no one has been brought to those who are born to mothers who have themselves justice for what is an appalling crime. Despite the Prohibition undergone FGM. Their children are at high risk, and of Female Circumcision Act 1985 and its successor, the should be referred for a proper safeguarding plan to be Female Genital Mutilation Act 2003, no one has faced put in place for them. 21WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 22WH

Teachers are also in the front line and are often the the Member for West Ham explained. If it is successful, first people a child looks to for protection. Yet a YouGov and obviously we will wait to the see the outcome of the poll for the National Society for the Prevention of project, does my hon. Friend think that it perhaps Cruelty to Children, which my hon. Friend the Member should be rolled out in other parts of the country where for West Ham mentioned, showed that 83% of the FGM is a real problem? teachers surveyed said they had not been given any training about FGM. I know that the Secretary of State Mr Dai Havard (in the Chair): Ms Jones, perhaps we for Education has finally written to schools drawing should record your remark as “old soul”. attention to the practice following the inspiring campaign led by Fahma Mohamed and other young women in Helen Jones: I am very grateful, Mr Havard. What Bristol, but it is not enough by itself simply to write to my right hon. Friend the Member for Leicester East schools. One in six teachers said in that poll that they said about the project in Newham was very interesting did not know that FGM was even illegal in this country, and, if my hon. Friend the Member for West Ham so there is clearly much more to do in training. permits me, I hope to be able to visit it at some point. Ms Abbott: Does my hon. Friend agree that, sadly, We need to learn from such initiatives about what works teachers may have dozens of letters on their desks every and what can be done on the ground. week? Instead of just writing a letter, the Secretary of As well as identifying young people through the State should look at the whole issue of mandatory sex education system, such as those whose mother or elder and relationship education in schools and, as my hon. sister has undergone FGM, and making sure that robust Friend said, training. Just sending a letter to join the safeguarding plans are in place, in my view, any girl or pile of other papers on a teacher’s desk is not enough. woman who presents to the health service having undergone female genital mutilation should be treated as the victim of a crime, because that is what they are. Appropriate [MR DAI HAVARD in the Chair] safeguarding measures should be put in place. They Helen Jones: My hon. Friend is right. I have long should be referred to the police and to the support been an advocate of compulsory sex and relationship services, so that a proper plan of care and support can education in schools. It is essential for our children to be implemented and medical evidence can be collected. grow up confident in themselves and able to form We are currently not getting that approach, despite the healthy relationships. She is also right about training. efforts that have been made recently, because of a lack As the documentary programme, “The Cruel Cut”, of training for front-line professionals, a lack of a showed, if a young child turns to a teacher for help and joined-up approach and what I can best describe as a does not get that help, it is clear that much more must peculiarly British fear of offending people’s cultural be done. sensibilities. In my view, that is the wrong mindset. Teachers have many demands on their time, but all Although we need to work with communities to change schools need to have safeguarding plans in place and attitudes, our first duty—we should be clear about those safeguarding plans must include dealing with this—is to protect the child. That is absolutely our first female genital mutilation. Teachers must be able to duty and there should be no wavering from that. recognise the signs that a child is at risk or that they have already been cut, and know what to do when that Ms Abbott: Does my hon. Friend agree that if we are happens. to be successful in protecting all British children from this abuse, we may have to take measures that perhaps Kerry McCarthy: I was at St Brendan’s sixth form initially some communities find difficult? college in my constituency on Friday and I met a group of young women to talk about a range of issues. They Helen Jones: That may well be true and I shall come were very strong in their support for the need for on to how we deal with that in a moment. I hope that compulsory sex and relationship education. I had the the Minister will be able to tell me in his reply what the opportunity to sit in at the beginning of a class where Home Office, which has lead responsibility for the issue, four young women from Integrate Bristol, which is at will do to ensure that other Departments play their part the forefront of campaigning against FGM, were explaining and that we have a proper system in place. In a to a roomful of students what FGM was all about by parliamentary answer to me on 24 February, the Minister showing them a film and encouraging them to discuss said that he had written to the Secretary of State for the issue in workshops. Those students were 17 and Education on the issue. Perhaps he can tell us what the 18-year-olds, and I thought that was a valuable initiative. response to that was and what is happening in schools I was impressed by how serious they were. Hon. Members to ensure that proper training and proper safeguarding can imagine that, particularly if there are young lads in measures are in place. a class, they might not take that sort of thing seriously, but they all seemed to take on board the serious message As has been said in the debate, in some countries—France that was being conveyed. is an example—there is systematic screening for female genital mutilation as part of normal health checks. In Helen Jones: My hon. Friend is right. Many young this country, that is often regarded as intrusive. It people take the issue seriously. Peer-provided information would, of course, involve screening a large amount of is often much better for young people than some old people who are not at risk as well. However, I suggest to sod like me going in to lecture to them—[Interruption.] the Minister that it might be worth establishing a task group, including people from the royal colleges, the Keith Vaz: I agree with everything my hon. Friend has NSPCC and other experts in the field, to look at how said so far. She has heard about the initiative by the medical evidence can be sought and how the problems London borough of Newham, which my hon. Friend in this area can be dealt with sensitively and appropriately, 23WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 24WH

[Helen Jones] We have to stop pretending that this is not happening. We have to stop turning our faces away from this so that we can avoid, if necessary, mass screenings of appalling practice. We do not want to see it because it is people who do not need to be screened, but also find so awful, but we have to see it in order to stop it. It medical evidence. is torture. It is child abuse. It has been illegal for over 25 years and it is still carried out with impunity. Let us The report from the royal colleges stated that where call a halt now. Let us put in place the protection our there is a suspicion that a girl has undergone female girls deserve and ensure that in future, they can live genital mutilation, assessments and medicals are helpful their lives without undergoing this torture, and without and examinations need not be intrusive, but they are putting up with the continuing pain that results. I say to vital in providing evidence that leads to prosecution. the House: surely we owe them no less than that. That is very important, because we have heard several times in the debate about the difficulty of getting someone to give evidence against their own family. I absolutely 6.8 pm understand that, particularly in certain cultures. It would be hard for me to give evidence against someone in my The Minister for Crime Prevention (Norman Baker): I family, but when there is a system that links the family’s begin by welcoming the fact that this debate is taking honour to the behaviour of others, it is extraordinarily place. As the Chairman of the Home Affairs Committee, difficult. However, there are ways through that if we the right hon. Member for Leicester East (Keith Vaz), accumulate medical evidence as well, which is what we pointed out, it is the first such debate since 2003, which should be doing. is not a very good record for the House; it is a long, long time since the last debate. To enforce the law requires two things. Yes, it requires There has been interest in the issue of FGM for education and publicity, so that people are clear about almost 30 years, since the first law was passed in 1985, if what constitutes an offence, but it also requires the not before that. I agree that we need to make more deterrent effect of prosecutions, of people knowing progress as a nation than we have to date, and I welcome clearly that if they flout the law, they will be brought the fact that there is renewed interest. We are making before a court, and that if they are found guilty, they progress now as a nation in a way that we were not even will pay the price. That is what we have failed to do. We a year or two ago, but there is much more to do. This must accept that we have got that wrong and look at debate is part of that. ways to move forward. I pay particular tribute to Leyla Hussein, who started In 2012, the then Director of Public Prosecutions the petition that has been the stimulus for tonight’s chaired a round table to discuss why so few cases were debate. It is as a result of her campaign and petition being referred to the Crown Prosecution Service for that we are here discussing in depth how we can tackle charge and prosecution, and in September last year, the what we all agree, across all three parties, is an horrific then DPP chaired a second round table to discuss procedure. I agree that it is child abuse. The Government progress on the FGM action plan. Following that meeting, has been very plain that that is the case and has regularly he said that he believed that a prosecution under the made that point very clear. Leyla is an extraordinary 2003 Act was close. We were told that the CPS was woman, whom I have met on a couple of occasions. She reviewing decisions on prosecutions in four cases and has been very brave in speaking out in the way she has, considering whether to prosecute a more recent case, and we all owe her a debt for doing so. yet we still have not got anyone to court. I also welcome the fact that the Home Affairs Committee I hope that the Minister will tell us whether progress is conducting an inquiry into this matter. That is wholly has been made on bringing charges in any case, and if welcome. I, for one, will be very pleased to give evidence not, what the evidential problems are. If the problem is, to it. I look forward to the conclusions of its work and as I said, the unwillingness of victims or other members undertake to give proper and thorough consideration to of the family to testify, we need to look at what use can any recommendations that come forward. It is wholly be made of medical evidence and of statements from welcome that that debate and inquiry are taking place. medical professionals, teachers and so on, who have all To answer one other point that the Committee Chairman been in contact with the person who has been cut. If made, I should say that I do sometimes read from a that by itself does not demonstrate the need for a much script, but one that I have altered after being given it by more joined-up, robust system of child protection, referral my officials. I just want to make that plain. and recording of evidence right from the start, I do not know what does. Kerry McCarthy: I am not quite sure what the protocol We simply cannot go on failing British girls like is for Ministers from other Departments giving evidence this—for these are British girls, who deserve exactly the to a particular Select Committee. I know that the Home same care and protection as any other British girl. We Affairs Committee was set up to scrutinise the work of know this is happening. Newspapers report frequently this Minister’s Department, but does he agree with me that there is widespread knowledge of where it is happening, that, given that this is such a cross-cutting issue—cutting of where this torture is being carried out—and it is across public health, the Attorney-General’s Department torture. I put it to hon. Members that, in all honesty, we and, particularly, the Department for Education—it have to ask ourselves, “If this was happening to white would be good if all that could be brought together in British girls, would we allow it to go on?” I think we the scope of one inquiry? know the answer to that. There would be a public outcry, and our black or brown British girls deserve no Norman Baker: I will touch on what other Departments less protection and no less care. They are our responsibility. are doing as part of my response to the debate today. In They are all our children. answer to the hon. Lady’s question, I am not sure what 25WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 26WH the protocol is either. However, if the Chairman and the Department. I agree with the hon. Member for members of the Select Committee wanted to invite Hackney North and Stoke Newington (Ms Abbott), other Ministers, I would have no problem with that; if whose speech I very much welcomed. I think that the those Ministers wished to give evidence, they would. I root of this is about male control of women—as a man, am, for example, giving evidence to a Select Committee I find that rather shameful—so there are reasons for about crime figures, which is largely a Ministry of men, as well as women, to be involved in addressing this Justice issue. matter. What has struck me about the practice is that it is one Keith Vaz: To answer my hon. Friend the Member for of the most horrible and unnecessary forms of violence Bristol East through the Minister, yes, we will call against women in the world. It is an extreme manifestation Ministers from other Departments: Health, Education of patriarchal control. As everyone knows, there are and the Attorney-General’s Department. We try to severe and long-term consequences for any girls or share Ministers around as much as we can, as that is women who undergo it. There are not simply physical best for our recommendations. consequences, although there are plenty of those; there are also psychological consequences. That needs to be Norman Baker: There we are; there is an answer to dealt with. that question. Although the Home Office is the lead Department on this issue—I am very pleased to be I also agree with the hon. Lady when she says that leading on it—because of its importance, other some parents—some mothers—will believe that they Departments have an input into it. The reality is that if are doing the right thing. I accept that. It is a tragedy, of Departments do not work more closely together, across course, because it is totally wrong; it is totally the wrong departmental boundaries, we will not get the full result thing to do for their children. Without getting too that we want. It is also the case, of course, that if the personal, I could not bear to think of my daughter Government does not work properly with councils, the undergoing this practice. It is an abhorrent act, and we voluntary sector and communities in our own country all need to ensure that we are challenging it. and abroad, we will not get the result that we want. An A culture change is necessary, as hon. Members on important aspect is the need for a joined-up approach, both sides of the Chamber have accepted this afternoon. both in Government and outside. That needs to be taken forward. As the hon. Member Of course, it is also important to work with the for Hackney North and Stoke Newington said, that is campaigners, who have done so much. I have mentioned not simple, but it is necessary and we have to work out Leyla Hussein. It is also thanks to Nimko Ali, Lisa how best to do so. Some of the campaigners are in a Zimmermann, Efua Dorkenoo, Janet Fyle, Naana Otoo- better position to convince public opinion than perhaps Oyortey and others that FGM now has the prominence Ministers, shadow Ministers or anyone else is, although that it does. we have our role to play, I hope, not least when it comes I join colleagues in thanking the media, because they to the law. I will come to the issue of prosecutions and have been responsible and helpful on this issue. I am so on later. thinking particularly of the Evening Standard, which We have to challenge the assumptions—the lazy has been very resolute in how it has approached this assumptions, perhaps—that do exist in some areas, in matter; and latterly there has been The Guardian as well. some communities. FGM does not make women pure They are running excellent campaigns and show the or clean. It does not increase fertility. It does not assure value of the free press in this country. It is partly as a faithfulness. It is child abuse and needs to be tackled consequence of that and, I hope, what the Government head on. I am clear that Government action to stop has been doing, that data released last week revealed FGM is vital, not just to comply with our international that the number of tip-offs to the Metropolitan police human rights obligations—although it does do that—but, about FGM has more than doubled in the past year. more importantly, to protect and safeguard girls and That is partly down to increased publicity, but is also women from this hopelessly outdated and archaic practice. due to the greater understanding that there now is of It has no place in the 21st century or, indeed, in any what this barbaric practice involves. century. Ms Abbott: The Minister says that the number of I have mentioned that the Home Office has the lead tip-offs has doubled. How many is that altogether? responsibility on this issue, but we are working with other Departments. The shadow Minister, the hon. Norman Baker: I do not have a figure in my notes, but Member for Warrington North (Helen Jones), asked if officials have got it, I will give it to the hon. Lady what was happening in that regard. I am happy to tell before the end of the debate. Actually, I do have the her. I think she may know, but just for the record I point figure: 69 reports involving either direct allegations out that on 6 February I brought Ministers from other about FGM or other information on this practice have Departments, from across Government, together for been received by the Met since the start of April last the international day of zero tolerance to female genital year, so it is still a relatively small number, although it is mutilation, and the Ministers from all the Departments moving in the right direction. who were there signed—this is probably unique or certainly very rare in Government—a document that Since I have joined the Home Office, my concerns made this statement: about FGM have intensified. Although I have always been aware of and opposed FGM, the more I have “There is no justification for FGM—it is child abuse and it is learned about the practice, the more concerned I have illegal. become and the more determined to do something This government is absolutely committed to preventing and about it. It is one of my top priorities as a Minister in ending this extremely harmful form of violence. 27WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 28WH

[Norman Baker] Linked to that, the Home Office is part-funding a prevalence study on FGM, which is designed to update The government is clear that political or cultural sensitivities the figures from the 2007 study. Even the new study must not get in the way of uncovering and stopping this terrible based on 2011 census data will provide only an estimate form of abuse. The law in this country applies to absolutely of prevalence, but the data from the NHS will give us a everyone.” real insight into the incidence and distribution of FGM. In the document, we go on to make a number of Those data will provide local areas with the information statements that I am sure hon. Members would agree that they need to prioritise tackling FGM, and in time with. Let me say for the record that it was not signed they will give us a benchmark against which to monitor simply by me on behalf of the Home Office—it was the effectiveness of our actions and interventions. also signed by the Under-Secretary of State for Health; the hon. Member for Battersea (Jane Ellison), who is Ms Abbott: Does the Minister accept that the prevalence responsible for public health; the Solicitor-General; my data based on census data are particularly unreliable for hon. Friend the Under-Secretary of State for International establishing the prevalence of something among ethnic Development; the Under-Secretary of State for Education, minority communities? Apart from the problem of getting the hon. Member for and Nantwich (Mr Timpson), people to respond to the census, there is the issue of who is responsible for children and families; and the people who are British, and who correctly describe Minister for Policing, Criminal Justice and Victims. themselves as such, but who come from the countries Subsequently, the document was signed by a senior that I listed earlier as having a high prevalence of FGM. Minister at the Foreign and Commonwealth Office and by a Minister in the Department for Communities and Norman Baker: That is a fair point, which I am sure Local Government. It was also signed by the DPP. We the NHS and my colleague the Minister with responsibility are determined to work cross-departmentally on this for public health will take on board. That is only one matter and we take it very seriously. element of the work being done by the Department of Health to improve how the NHS responds to, follows up and supports the prevention of FGM. Helen Jones: No one would disagree with what is enshrined in that agreement, but how will it operate on The Department also liaises closely with other the ground? Will we now see a requirement on teachers Departments and agencies, such as the royal colleges, to identify those who are at risk of FGM or have voluntary organisations, arm’s-length bodies and others, undergone it and to put in place a safeguarding plan? to make sure that they get a comprehensive take on the Will we see a requirement on health workers to treat matter across the NHS. NHS bodies have a duty to anyone who has undergone FGM as a victim of a crime assist and provide information in support of child protection and report it accordingly? inquiries under section 47 of the Children Act 1989. The Government recognises that for the existing legislative framework to succeed, health professionals must report Norman Baker: I will give, I hope, reasonably full both actual and suspected cases of FGM. answers to all those questions as I work through my A lot of the debate has focused on prosecution. We response. We have plenty of time. This is a serious issue, all feel deep frustration that 28 years on there has not and I will address those points as I come to them, been a successful prosecution. Nobody welcomes that including how we will deal with the matter within fact, and we must try to understand why it is and what Government, which is also important. I am delighted we can do to change it. There are many barriers to that the Minister responsible for public health has joined prosecution if we rely solely on a victim’s testimony for us for this debate. evidence, as hon. Members have said. At the time of On Saturday, we published the updated “Violence mutilation, victims may be too young and vulnerable or against Women and Girls Action Plan”, which contains too afraid to report offences, or they may be reluctant more than 100 actions that different Departments have to implicate family members who might be prosecuted agreed to carry out to tackle violence against women as a consequence. Those barriers to prosecution cannot and girls. Every three months, the Home Secretary easily be overcome, so it is important to find ways of chairs an inter-ministerial group on violence against building a case that do not necessarily rely on the women and girls, which I attend as a relevant Minister, testimony of child victims, and that focus particularly to monitor progress on the action plan. This year’s on those who facilitate and perform FGM. action plan has a strong focus on FGM and will be the The Government strongly supports the action plan vehicle for the Home Office to drive the work forward. I that the Director of Public Prosecutions has published also chair separate, specific cross-Government meetings with a view to bringing successful prosecutions for on FGM, in recognition of the need to work together. FGM. I am heartened and encouraged by statements Declarations and cross-departmental working can from the former DPP, Keir Starmer, and his excellent take us only so far, however. My colleague the Minister successor, Alison Saunders, to the effect that it is only a with responsibility for public health, who did so much matter of time before we see a prosecution. Having met to raise the profile of FGM in her role as chair of the the DPP on more than one occasion, I think that she is all-party group on female genital mutilation, announced an extremely good appointment and that she is utterly that all acute hospitals would report information about committed to taking the matter forward. the prevalence of FGM among their patient population The Crown Prosecution Service is currently considering, each month. The full report from that data return will or advising the police on, 11 cases of alleged FGM. be available from the autumn. That is an enormous step Four cases that have previously been considered, in forward in understanding the extent of FGM in this which the police or prosecutors decided to take no country. further action, are being re-reviewed. The CPS is also 29WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 30WH looking at three new cases, and it has had preliminary care of a child and has knowingly sent them overseas to discussions with police in relation to their investigations be cut, it is not at all clear to me why that person cannot into four further cases that are at an early stage. be prosecuted. A joint CPS and police training event was held at CPS headquarters on 10 February this year, which was Norman Baker: The DPP is looking at those sorts of attended by prosecutors and police officers from across issues as part of her work on the matter. That is why a England and Wales. That was the first time such an training event was held to look at cases and work event had been held, and it was used to raise awareness through scenarios to see what the problems were. In of relevant investigation and prosecution strategies by answer to the shadow Minister’s suggestion that there working on hypothetical case studies. It is being seen as should be legislation on offences preparatory to FGM, a model for further CPS and police training events on we are open-minded about the matter and we will look FGM. at sensible suggestions that may help the situation. I simply made the point that we should not fall into the Kerry McCarthy: I thank the Minister for the detail trap of assuming that a law will do our work for us that he has given us. As has already been mentioned, we when it has not done so in 28 years. are talking about a crime of which there is obvious evidence; that is not the same as an allegation of child Lyn Brown: That is exactly the point that I wanted to sex abuse, where the case often relies on a child’s word make: the law has not worked so far, because nobody that something has happened to them. I fail to understand, has been prosecuted. Perhaps the House needs to make when such cases have been referred to the system, where a different law or amend the existing law to enable they are falling down. Is it because it is not possible to prosecution. It is not good enough to say that Members identify exactly who the perpetrator is? It is obviously have a knee-jerk reaction of thinking that a law will possible to identify that a crime has been committed. make a difference. The existing law has made no difference, Can the Minister give us more of an explanation? so let us amend it.

Norman Baker: That leads me to the next section of Norman Baker: We have to be clear about whether my response, which concerns the law. It may help to the law is faulty, whether there is a reluctance to use it or answer that question if I spend one or two minutes whether other obstacles are preventing it from being talking about that. The Chair of the Home Affairs used successfully. I am not ruling out looking at the law; Committee might also want to consider that question in I am merely saying that we have to look at all possible his investigations and see whether there are better answers avenues to find out exactly what the problem is. The than I will give this afternoon. The hon. Lady has asked DPP is doing that through her work with the police, and a perfectly valid, rational, sensible and appropriate I am sure that the Home Affairs Committee will do the question. same in its investigations. The CPS action plan commits to raising any issues about the current law with the Ministry of Justice. The Keith Vaz: The points raised by Members are important DPP wrote to Ministers on 3 February with a paper in answering the question why; however, we must look identifying possible ways in which the criminal law forensically at why there has not been a prosecution. A could be strengthened to make prosecutions for FGM change to the law, or how we implement it, might be not only more likely, but more likely to succeed. Those required, but we must not rush to judgment. Although include clarifying the law in relation to re-infibulation we need to act quickly, we must get it right for the and relaxing the definition of “permanent UK resident”— future. that is part of the problem—in the context of extra- territorial offences. Ministerial colleagues and I are Norman Baker: The Home Office is looking at what giving careful consideration to the areas identified. has happened to date. We are looking at whether there are sufficient referrals, or whether there is a hold-up Helen Jones: Has the Minister considered whether, as elsewhere, and we welcome comments from anywhere in I suggested earlier, there ought to be a law that prohibits the House about how matters might be improved. We offences preparatory to FGM or that criminalises a are open-minded. failure to prevent FGM? Under such a law, the presumption —to be rebutted in law, if necessary—would be that The Ministry of Justice is considering whether a civil those with care of a child were the people who ought to law remedy might provide an additional tool with which prevent the practice from happening. to tackle FGM. The idea is that those afraid of being subjected to FGM, or friends or family of those at risk, Norman Baker: There are other offences under domestic could apply for an order so as to put the potential violence legislation that may be appropriate in this case, victim under the protection of the courts. That would and we must not fall into the trap—an attractive one for be a proactive rather than reactive step. The MOJ is also parliamentarians—of thinking we need only to change seeking views from key stakeholders about the merits of the law to improve matters. The hon. Member for a civil law measure and how that might work alongside Hackney North and Stoke Newington made the point criminal legislation. That aspect is already being considered that the law has been there for 28 years. Ensuring that in Government. prosecutions are successful is about not only the law but the cultural situations that we are dealing with. Katy Clark (North Ayrshire and Arran) (Lab): The Minister will be aware that the Queen’s Speech is coming Ms Abbott: It is a question not only of the law but of up. If the Select Committee is able to offer suggestions implementing the law. I do not see why we cannot on how the law should be strengthened, will there be prosecute someone who is an accomplice or an accessory, opportunities to make legislative changes before the or who has conspired in the practice. If someone has next general election? 31WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 32WH

Norman Baker: As I say, we will be looking very Featherstone), and the Minister for Schools, my right carefully and seriously at any suggestions that the Select hon. Friend the Member for Yeovil (Mr Laws), I met Committee makes on the issue. As for whether there is head teacher and teaching unions in mid-January to legislative time, that is not a matter for me; it is for the discuss how to raise awareness in schools of FGM and Leader of the House of Commons, the right hon. gender-based violence. After a constructive meeting, we Member for South Cambridgeshire (Mr Lansley), to will be working further with the unions on the issue. allocate time. All I would say is that we are now approaching As has been mentioned, following a successful bid to the last Session of this Parliament, which is already the European Union progress funding stream, the Home pretty crowded— Office was awarded approximately ¤300,000 in November 2013 for work to raise awareness of FGM in the UK. Ms Abbott indicated dissent. As part of that work, we are launching a communications campaign aimed at parents and carers of young girls at Lyn Brown: Hardly! risk of FGM. The campaign will include online advertising and posters in changing rooms and shopping centres. Norman Baker: With respect, the hon. Lady has not Materials will also be produced and provided to yet seen what will be in it. communities to run their own educational events and workshops in order to open up the debate on FGM. Lyn Brown: Even the Daily Mail has noticed. Research is currently being undertaken to test messages and campaign materials with parents, professionals and Norman Baker: Members who are making comments partners. from sedentary positions have not yet seen what will be The Government has committed to developing an in the next Session. It also ends before the general e-learning tool so that all practitioners—social workers, election in May 2015, so there is limited time for legislation, teachers, health care professionals, police and the like—will but we will look at suggestions. Given the fact that there be able to undertake an introduction to FGM. We will is unanimity across all three parties on trying to deal raise awareness of the new e-learning tool by carrying with FGM, if legislative change is necessary, whatever out a national outreach programme with local safeguarding the result of the general election, I am confident that children boards. whatever Government we have will try to move the issue We recognise that the long-term and systematic forward. eradication of FGM in the UK will of course require practising communities to abandon the practice themselves. Helen Jones: The Minister is being very generous in We have launched a £100,000 FGM community giving way.From what he said earlier—perhaps I misheard, engagement initiative. Charities have been invited to bid or missed it—I am not clear whether the Government for up to £10,000 to carry out community work to raise accept the recommendations in the joint Royal Colleges’ awareness of FGM, and we are now assessing the bids. report on tackling FGM. If they do not accept any, what are they? The Government also recognises that religious leaders can also play a role in dispelling myths about FGM. It Norman Baker: We will wrap up our response to that is important to make the point that no major religion report when we look at what the Select Committee says, condones or requires FGM. In January, the Under- because I think the two are linked. Secretary of State for International Development and I met faith groups to look for opportunities to work together to raise awareness of FGM. I was heartened by Ms Abbott: They are not linked. the strength of the groups’ condemnation of FGM, across all religions. I am committed to pursuing that Norman Baker: They are linked in terms of our dialogue with them and seeking their advice on how overall response to dealing with FGM. they can help us to take the campaign forward. I welcome the step taken by the Secretary of State for Despite one or two comments to the contrary by Education—to whom I wrote—who, after meeting Fahma elements of our so-called popular press, it is of course Mohamed, the young woman whose campaign has vital that we spend money overseas to tackle FGM, and featured in The Guardian, committed to send to all that we persuade those communities that adhere to the schools guidance on keeping children safe. His Department practice to stop. In my view, that is the most effective expects to publish revised safeguarding in education way to influence the diaspora from such countries here guidance shortly. The statutory guidance, which replaces in the UK. The practice is not going to end in the UK the 2007 guidance, will be clearer and simpler, and will before it ends in Africa. direct schools to the latest expert advice on subjects such as FGM. Ms Abbott: The Minister just said something striking: Over two years, the DFE is also providing more than that the practice will not end here until it ends in Africa. £700,000, split between the Victoria Climbié Foundation Are we going to have to depend on the rate of change in and the Africans Unite Against Child Abuse NGO, for other societies to protect British girls? safeguarding work with black and minority ethnic communities. Such work of course includes FGM. Also, Norman Baker: No. We are going to do our very best DFE funding for the charity Children and Families to protect British girls. I share the hon. Lady’s objective Across Borders has enabled it to produce a training app of an FGM-free zone—she used that phrase and I on FGM. absolutely agree with her. Nevertheless, it is not realistic Along with my colleagues, the Under-Secretary of to assume that we can reach zero while diaspora State for International Development, my hon. Friend communities here are linked with communities elsewhere the Member for Hornsey and Wood Green (Lynne in the world where FGM continues. We must approach 33WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 34WH the issue from both ends—both here in the UK, as I Norman Baker: I do not think any corroboration is have indicated by what we are currently doing, and needed to prove that FGM has occurred, but we might through the money we spend abroad in other communities, need corroboration to demonstrate who was responsible on which DFID is leading. in law. That is a different matter entirely. Last March, DFID announced a new £35 million flagship programme to support the Africa-led movement Lyn Brown: But if a child’s vagina is sewn up, the to end FGM—such a movement is important. That is responsibility of who actually did the cutting is subsidiary the largest donor investment in ending FGM ever, and to the fact that her parents allowed it to happen—the the programme is under way. It includes support to the parents who have care of the child—so there is de facto UN—through UNICEF and the United Nations an offence that has occurred that can be prosecuted. Population Fund—for targeted work with communities and leaders and for work at a national level on policies Norman Baker: If it were as simple as that, we would and legislation in 17 countries. have seen prosecutions over the past 28 years. It is not a The programme will also include a global social case of whether it is the mother, the father or the change campaign, which has just been contracted to a grandparents. It is not as simple as that. [Interruption.] consortium that includes leading anti-FGM campaigners. The hon. Lady is rightly frustrated by the fact that there The campaign will work with communities to support have been no prosecutions. So am I. I do not want to them to abandon FGM, support national and Africa- stand here today defending the fact that for 28 years regional initiatives, and galvanise a global movement to there have been no prosecutions. It is not defensible. raise political and financial commitment. It will also However, I can assure the hon. Lady, as I have assured include up to £1 million to support UK-based diaspora others, that the Home Office takes the matter seriously. organisations for efforts to end the practice in their The CPS and the police are taking it seriously. At the countries of origin. moment, 11 cases are being considered. I agree that if This year, DFID will be launching the research we can get a successful prosecution, that would be component of the overall programme, in order to improve helpful as part of the strategy to try to minimise and understanding of what works to end FGM. In addition, hopefully end FGM in this country. DFID has committed a separate £12 million for a In conclusion, the Government takes FGM very seriously programme to support efforts to end FGM in Sudan, and it is high on our list of priorities, particularly mine. working with the UN. At the weekend, the Prime Minister The Home Office co-ordinates and leads the work on announced that he will be hosting a major event on FGM, but we recognise that tackling FGM and all 22 July to tackle forced marriage and FGM both forms of violence against women and girls needs a internationally and here in the UK. He has set out his robust, sustained and dynamic cross-Government approach personal commitment to demand better rights for women in which every Government Department—criminal justice, and girls worldwide and to tackle these terrible practices. education, health and international development—works Three or four Members referred to what happens in with the others to identify, protect and support victims France. I am advised that FGM is not a specific criminal and bring those responsible to justice. We believe that offence in France; instead, the French choose to prosecute by implementing this approach and working together, under a range of general criminal offences, such as we can end FGM and all forms of violence against exercising violence against or seriously assaulting a women and girls. That is our aim. child under the age of 15. It is true that, as Members I thank all hon. Members who have contributed to mentioned, all girls in France undergo an annual health the debate today for the cross-party commitment. I check that includes genital examination by a medical look forward to working with others in other parties to professional. The Minister responsible for public health drive the matter forward. is present and will have heard that Members have expressed interest in that approach. Mr Dai Havard (in the Chair): Thank you, Mr Baker. It is also important to put it on the record that there Before I conclude, I shall offer Mr Vaz the opportunity are significant differences between the criminal justice to say a few words. I will also offer an imaginative systems in France and England and Wales. There is a opportunity to the Under-Secretary of State for Health, lower standard of proof and less corroboration is required the hon. Member for Battersea (Jane Ellison), if she to support prosecutions in France than in England and wishes to intervene on Mr Vaz, to put something Wales. In practice, an incriminating statement by the formal on the record. However, there is no obligation to accused or a third person suffices for a conviction. That accept it. would not be sufficient to bring a criminal prosecution in England and Wales. The two legal systems are not comparable in that sense, which may explain some of 6.43 pm the differences. Keith Vaz: It is a pleasure to serve under you for the I was taken by the suggestion from the Chair of the first time, Mr Havard. Thank you for coming to chair Home Affairs Committee that I might speak to my this debate. I will put the fact that the Under-Secretary opposite number in France. That is a good idea and I of State for Health, the hon. Member for Battersea will ask my officials to take that forward. (Jane Ellison), is here on the record. I want to pay tribute to her as a Back-Bench MP. No other Member Ms Abbott: The Minister said that under the British in the House has been as assiduous as she has been. I legal system, we need corroboration. If someone’s vagina know that a lot of Members, some of whom are here is sewn up, what further corroboration does he imagine today, have worked very hard with her. I am pleased the legal system would need to say that FGM has that she is now in the Department of Health, because occurred? she will be one of the Ministers who will be called 35WH Female Genital Mutilation10 MARCH 2014 Female Genital Mutilation 36WH

[Keith Vaz] My hon. Friend the Member for Bristol East (Kerry McCarthy) also intervened on a number of occasions, before the Select Committee to explain what she is and it was good to hear from her. I was heartened by doing in Government, having done such excellent work what both the shadow Minister and the Minister said. already. They both seemed committed to making the changes I thank all the right hon. and hon. Members who that are necessary. Tomorrow we begin the first set of have taken part in this debate. The hon. Member for evidence in the Select Committee. I can promise the Solihull (Lorely Burt) rightly told us that in order to House that we will be thorough and we will hold people deal with the issue effectively, there had to be clear to account for the lack of prosecutions. We will ask the leadership, education and awareness. My hon. Friend Government what they are proposing to do, and will the Member for West Ham (Lyn Brown) said that we put forward a series of recommendations that I hope need to be open and honest about names and exactly the Prime Minister can take forward when he hosts the what the processes were. I have never known her to be conference in July. someone, especially having served in the Whips Office, Sometimes at prime ministerial conferences, Parliament not prepared to put even controversial words on the is left out of the discussion. I hope that the Prime record, and she did so today. I was pleased to hear Minister will invite Members of this House to take part. about what is happening in Newham, which the Committee I have today heard some of the most eloquent speeches will visit. I also commend the work of Councillors in my 27 years in this House. There is a lot of expertise Robinson and Terry Paul for what they have done on in Westminster and we should work together. We all this issue. want the same thing. There is a unity in Westminster The hon. Member for Hexham (Guy Opperman) has Hall today that I see too rarely, unfortunately. I know I put out a six-point plan with benchmarks and may sound like a Liberal Democrat, but I want everyone recommendations to the Select Committee. We will to get on together and work together on the same follow what he has to say, not only because he is my agenda, because the real suffering of our children and next-door neighbour in Norman Shaw North, but because the women in this country is there for everyone to see. I know that he, as a Parliamentary Private Secretary in FGM is a cruel, horrific crime and we will bring the the Home Office, will want to make sure that that plan people responsible to justice. is adhered to. My hon. Friend the Member for Hackney Question put and agreed to. North and Stoke Newington (Ms Abbott) was, as usual, passionate and eloquent, and rightly raised issues concerned with the community. She also specifically reminded us 6.47 pm of the international dimension. FGM happens not only to British girls; it also happens abroad. Sitting adjourned. 1WS Written Statements10 MARCH 2014 Written Statements 2WS Written Statements CABINET OFFICE City Deal Monday 10 March 2014 The Minister of State, Cabinet Office (Greg Clark): Following the successful completion of the first wave of city deals in July 2012 with the “core cities”, the Government committed to work with a further 20 cities and their BUSINESS, INNOVATION AND SKILLS wider areas to negotiate a second wave of city deals in October 2012. I can today inform the House that the Government and business and civic leaders in Southend-on-Sea and EU Informal Foreign Affairs Council the South East local enterprise partnership have reached agreement on a city deal. The Southend-on-Sea city deal capitalises on The Minister of State, Department for Business, Innovation opportunities to increase the rates of entrepreneurship and Skills (Michael Fallon): My hon. Friend the Minister and innovation locally, to realise the full potential of for Trade and Investment, Lord Livingston of Parkhead, this major centre within the South East local enterprise has made the following statement: partnership area. The EU informal Foreign Affairs Council (Trade) took place The city deal will deliver incubator space, a one-stop-shop in Athens on 27 and 28 February 2014. I represented the UK on for direct business support and bespoke business support all the issues discussed at the meetings. A summary of those discussions follows. programmes. This will drive jobs growth and increase business start-ups and survival rates. Dinner on 27 February Business and civic leaders in Southend-on-Sea anticipate Doha Development Agenda (DDA) that the deal will create or safeguard more than 555 jobs At a working dinner on 27 February, there was consensus over the next three years and provide support to 1,350 among member states that implementation of the package agreed businesses across south Essex. And as a result of the at last year’s Bali World Trade Organisation (WTO) ministerial conference must remain the priority alongside the rapid conclusion deal there will be a £1.3 million redevelopment of of existing sectoral initiatives such as the information technology central library in Victoria avenue. agreement. Ministers also recognised that further implementation of DDA would require some commitment on agriculture. DEFENCE Main Meeting on 28 February Legislative Defence Infrastructure Organisation Commissioner De Gucht said there was a reasonable chance of reaching agreement on the financial responsibility regulation. Member states refuted pressure from the Commission to get this The Secretary of State for Defence (Mr Philip Hammond): agreed before the final Session of the European Parliament in On 24 May 2012, I informed the House that the Defence April. Infrastructure Organisation (DIO) would commence a Transatlantic Trade and Investment Partnership negotiations procurement process to assess whether the involvement Commissioner De Gucht gave an update on progress and of a strategic business partner offered the best value-for- Ministers discussed key chapters within the EU/US negotiations, money solution for defence. Today, following the successful in particular the importance of regulatory coherence and public conclusion of the competitive stage of the procurement procurement within the agreement. Commissioner De Gucht process, I am pleased to announce our decision that the spoke of his desire to achieve as much as possible over the course appointment of a strategic business partner does represent of 2014. the best way forward for the DIO and value for money Economic Partnership Agreements (EPAs) for the taxpayer. After analysis of the proposals received, Recent progress on the west Africa EPA was welcomed and the I can inform the House that Capita, which is working in prospects for progress with EPAs with eastern and southern conjunction with URS and PA Consulting, is the preferred Africa were discussed. bidder. Final negotiations will now be concluded with a Ukraine view to contracting in the spring. Commissioner De Gucht highlighted that the trade agreement Following the establishment of the DIO in April formed a major part of the association agreement. Ministers 2011, a significant transformation programme was put discussed the timing of implementation of trade liberalisation with Ukraine. in place to ensure that the organisation would deliver better value for money for taxpayers. Alongside this EU—Mercosur process, the defence board considered the outline case Commissioner De Gucht was optimistic on a possible exchange for the introduction of a strategic business partner for of offers in the coming months. The Commission undertook to the DIO. The case set out the potential financial and consult with member states before presenting the EU offer and wider benefits of adopting a different business model in reminded the meeting that the next stock-take would be in September 2014. the DIO whereby a strategic business partner would be engaged to drive the transformation of the DIO further Geographical Indications (GIs) and deliver rationalisation and efficiency improvements. Ministers discussed the economic importance of GIs and the A private sector strategic business partner will enable issues of counterfeit goods, consumer choice and labelling. I recognised the economic significance, citing the ¤5 billion export the DIO to make a significant contribution to departmental market for Scotch whisky, and stressed the importance of consumers savings and asset realisation targets, as set out in the being empowered to make informed decisions by being aware of 2010 strategic defence and security review and will the difference between genuine EU products and local imitations. strengthen and enhance the service the DIO provides 3WS Written Statements10 MARCH 2014 Written Statements 4WS across defence. The strategic business partner will focus Prisoners (Release on Temporary Licence) on improving the skills base across the DIO, enhancing commercial expertise and change management skills and will bring additional capability to the DIO, including The Lord Chancellor and Secretary of State for Justice access to market-competitive knowledge and skills via (Chris Grayling): Carefully managing prisoners into the the partner’s parent organisations; better incentivisation community on temporary licence toward the end of and management of staff against performance through their sentence is a key part of efforts to rehabilitate the introduction of a more commercial approach to the them back into society. But this should never be at the business and access to private funding for “spend-to-save” expense of public safety which remains our absolute efficiency improvements. priority. Capita has been selected as the preferred bidder for a 10-year contract, with payment for services to be made In the summer of 2013, in separate incidents, three through an incentive-based arrangement. Following prisoners failed to comply with the conditions on which contract award in spring 2014, the strategic business they were temporarily released from prison with terrible partner will integrate an executive management team consequences. One of these prisoners has since been into the DIO and assume full executive responsibility convicted of murder and another of attempted armed for the organisation once the mobilisation activities robbery. The case in respect of the third prisoner is still have been completed. For the first phase of the contract, subject to the legal process. the DIO will remain fully within the Ministry of Defence. Such failures should not happen and, as a result, I During this period, however, the strategic business partner immediately commissioned two reviews. We have will help the DIO prepare to move to an incorporated undertaken an internal review of the policy and practice model, currently assumed to occur in 2016, which will of the temporary release of prisoners. I also asked Her entail the creation of a Government Company (GovCo) Majesty’s chief inspector of prisons to examine to manage defence infrastructure. This would be a circumstances around these three serious incidents. I separate legal entity, 100% owned by the Secretary of have accepted the recommendations of the chief inspector’s State for Defence and managed by the strategic business report, which cannot yet be published due to those partner under contract. Under this innovative arrangement, outstanding legal proceedings. The chief inspector’s the MOD will oversee the activities and performance of report and recommendation was focused on the three the new company through a governing authority set up specific incidents and I have incorporated these within the Department. recommendations into a fundamental and wider reform The selection of the preferred bidder to be the strategic of the policy and its procedures. business partner to the DIO, represents an important Release on temporary licence (ROTL) describes the step in the fundamental reform of defence following arrangements under which prisoners can be released Lord Levene’s independent review in 2011, which into the community towards the end of their sentences recommended that for rehabilitative purposes. It will continue to play an “enabling services should be delivered as efficiently, effectively important role in public protection by ensuring that and professionally as possible.” offenders are tested in the community under strict conditions It demonstrates the Department’s continuing before being released. It also provides a valuable means commitment, and ability, to bring in private sector of helping prisoners prepare for their resettlement in skills, where doing so will increase efficiency by cutting the community by, for example, finding work or rebuilding costs and improving delivery. links with their families, which helps to reduce reoffending. In the vast majority of cases ROTL is used effectively and successfully. Prisoners fail to comply with licence conditions in less than 1% of cases. In 2012, around five JUSTICE in every 100,000 releases were recorded as resulting in failure due to arrest on suspicion of a further offence. However, the failures of last summer have highlighted a number of weaknesses in current arrangements which Contingencies Fund Advance I am determined to address. I am making changes to all ROTL releases to improve The Lord Chancellor and Secretary of State for Justice the decision making across the system. ROTL is not a (Chris Grayling): The Ministry of Justice requires an right. At all times during their sentence a prisoner will advance to discharge its commitments which are set out have to demonstrate the right behaviour and commitment in its supplementary estimate 2013-14, published on to change. For ROTL to be granted, there will need to 12 February 2014 as HC 1006 (CG supply estimates, be a very clear benefit to how it will aid rehabilitation supplementary estimates). and increase the chances of an offender leading a Parliamentary approval for additional resources of crime-free life on release. There will also be a more £954.167 million for existing services has been sought in thorough assessment of the risks before temporary a supplementary estimate for the Ministry of Justice. release is authorised and a more consistent and robust Pending that approval, urgent expenditure estimated at response for prisoners who fail to comply with their £93 million will be met by repayable cash advances from licence. the Contingencies Fund. This is a temporary cash advance I am also introducing a new scheme of restricted due to the timing of Royal Assent for the Supply and release on temporary licence for those prisoners who Appropriation (Anticipation and Adjustments) Bill 2013-14, have committed serious crimes in the past. This new and does not reflect an overspend. process will feature: 5WS Written Statements10 MARCH 2014 Written Statements 6WS

More stringent risk-assessment procedures carried out by highly over the 26.5-year DBFO contract. In addition the trained probation professionals. Department is providing a graduated, decreasing resource In addition to tagging, more robust monitoring arrangements availability support grant funding over 12 years starting when an offender is on temporary licence in the community in 2017-18 (following the opening of the bridge) to In the future, all prisoners who are allowed release on 2028-29. temporary licence will be tagged, regardless of the As Halton is a small authority with limited resources, nature of their previous offences. The next generation to ensure that the scheme can proceed the Department of tagging contracts, which are due to come into operation intends to commit that in addition to the availability next year, will improve the way we monitor prisoners’ support grant it will stand behind any shortfall to the whereabouts while they are in the community. The use level of toll revenue required to meet Halton’s financial of this new technology will also serve as a strong obligations. Full details of the Department’s proposed deterrent as prisoners will know that their location can commitment can be found in the departmental minute. be accurately checked. The likelihood and scale of the additional availability These changes will be implemented in the coming support grant required would depend on the robustness months. The new restricted ROTL scheme will be of the base case toll volumes and revenues and also the operational by the autumn. We will introduce electronic scale of the shortfall of the actual revenues against the location monitoring as the technology becomes available. project costs. In an (unrealistic) worst case scenario Taken together, this package of measures will improve where the bridge opens with zero toll revenues, the the consistency, risk assessment and monitoring of releases Department would pay all costs. In addition to the on temporary licence, ensuring we make more effective committed departmental availability support grant, under use of this tool in safely preparing prisoners for permanent this scenario the additional availability support grant release and better protecting the public. which represents the contingent liability would be up to circa £16.6 million in the first year (following utilisation of the £19.0 million liquidity reserve), c. £37.6 million in 2018-19 and thereafter rising by an average of TRANSPORT c. £2 million per annum. The total contingent liability on this basis over the 26.5 years would be c. £1,698 million (following utilising of the £19.0 million liquidity fund). Mersey Gateway Bridge If the liability is called, provision for any payment will be sought through the normal supply procedure. The Secretary of State for Transport (Mr Patrick Subject to successful completion of all remaining McLoughlin): The Chief Secretary to the Treasury on approvals and completion of financial close, construction 4 December re-confirmed as part of the national of the scheme is scheduled to start in April 2014 with infrastructure plan that funding would be made available the scheme opening in 2017. to the Mersey gateway bridge scheme subject to successful completion of procurement and Government approval. As part of that approval process, the Government WORK AND PENSIONS have agreed to provide a commitment to Halton borough council (“Halton”), the promoters of the scheme, to stand behind any shortfall to the level of toll revenue Employment, Social Policy, Health and required to meet Halton’s financial obligations and Consumer Affairs Council I am today laying in the House a departmental minute giving particulars of the contingent liability created. I will also lay a copy of the minute in the Library of the The Minister of State, Department for Work and House of Commons. Pensions (Esther McVey): The Employment, Social Policy, Health and Consumer Affairs Council will be held on The Mersey gateway bridge project involves the 10 March 2014 in Brussels. construction of a new 1 km long cable-stayed, dual three-lane bridge over the River Mersey between Widnes The Council will seek a general approach on a Council and Runcorn plus associated changes to approach roads. decision on the guidelines for the employment policies Congestion associated with the Silver Jubilee bridge is of the member states, and agreement in principle on a seen as a constraint to economic regeneration and growth text of a decision on a tripartite social summit for both locally, within the borough, and across the wider growth and employment. As the latter is subject to the Liverpool city region and the north-west. European Union Act 2011, its final agreement and adoption will require the approval of Parliament by The bridge’s construction and maintenance has been primary legislation. procured under a design, build, finance and operate (DBFO) contract which is on a fixed-price basis and There will be a policy debate on the European semester, under which payments do not start to flow until it for a contribution to the March European Council. opens. The initial development costs, land purchase, The Council will be invited to adopt a recommendation decontamination and other project costs will be funded on a quality framework for traineeships and the Council through a grant from the Department for Transport conclusions and subsequent reports on the 2014 annual (the Department), Halton BC contributions and other growth survey and joint employment report and the third-party contributions. social situation in the EU. Following operations start, the majority of the funding The Commission will present its communication on will be provided through users in the form of tolling of the “The EU 2020 headline targets” which will be both the new bridge and existing Silver Jubilee bridge followed by an exchange of views. 7WS Written Statements10 MARCH 2014 Written Statements 8WS

Under “any other business”, the Commission will and there will be a presentation from the Chairs of the present its proposals for the gender recast directive Social Policy Committee and the Employment Committee report and the report on the two anti-discrimination on their 2014 work programmes. directives. The presidency will report on ongoing issues 1W Written Answers10 MARCH 2014 Written Answers 2W

The FCA has also recently committed that it will Written Answers to consider carrying out a thematic review of market practice in relation to fees and charges across the consumer Questions credit market, once it assumes regulatory responsibility for consumer credit on 1 April 2014. Export Duties: Arts Monday 10 March 2014 Justin Tomlinson: To ask the Chancellor of the Exchequer what recent assessment he has made of the potential TREASURY benefit of introducing export duty exemptions for creative media companies. [190595] Child Benefit Mr Gauke: There are currently no export duties Chris Ruane: To ask the Chancellor of the Exchequer payable on goods exported from the UK. what the value of child benefit for the first child was in However, with regard to corporate tax, there are real terms in each of the last 30 years. [190179] three specific tax reliefs available to the creative industries. These are: film tax relief; animation tax relief; and Nicky Morgan: The information to answer this question high-end television tax relief. A fourth corporate relief is publicly available. for video games will be introduced following state aid Child Benefit Rates for 1977-99 (Table 1): approval. http://www.publications.parliament.uk/pa/cm199899/ Exports cmselect/cmsocsec/114/11404.htm#note12#note12 Child Benefit Rates for 1992-2013 (Appendix B): Justin Tomlinson: To ask the Chancellor of the https://www.gov.uk/government/uploads/system/uploads/ Exchequer how many companies export products from attachment_data/file/286670/ the UK; and how much such firms contribute annually Child_Benefit_statistics_geographical_analysis_August_2013.xls to the Exchequer in (a) corporation tax and (b) export Consumer Prices Indices: duty. [190612] http://www.ons.gov.uk/ons/taxonomy/index.html?nscl= Consumer+Price+Indices Mr Gauke: The number of companies that exported Child benefit is uprated by CPI unless there is a products from the UK in 2012 was 145,7081. policy decision otherwise. In 2010 Government took An estimate of the total amount of corporation tax the decision that CPI was the most suitable measure of paid by exporting companies could be provided only at inflation and switched from using the RPI to CPI for disproportionate cost. This is because there is no reliable the uprating of benefits. This change came in to effect source linking trade in goods data with corporation tax from 2011. data, and it would involve considerable effort to identify and match the relevant data. Credit Unions There are currently no export duties on goods exported from the UK. John Robertson: To ask the Chancellor of the 1 Exchequer what estimate he has made of the number of Source: people who use credit unions in (a) Glasgow North UK Trade in Goods by Business Characteristics, HM Revenue West constituency, (b) Glasgow, (c) Scotland and (d) and Customs the UK. [190336] Financial Services Sajid Javid: The Government does not hold information Mr Bain: To ask the Chancellor of the Exchequer on number of credit unions members. The data is held how many representatives of commercial debt management by the regulatory authorities—the Prudential Regulation firms were formally met by officials of the Financial Authority and Financial Conduct Authority. Conduct Authority between October and December Credit: Interest Rates 2013. [190711] Sajid Javid: This question has been passed on to the Cathy Jamieson: To ask the Chancellor of the Exchequer FCA. The FCA will reply directly to the hon. Member what discussions he has had with the Financial Conduct by letter. A copy of the letter will be placed in the Authority regarding fees charged by payday lenders. Library of the House. [190251] Income Tax: National Insurance Sajid Javid: Government Ministers and officials meet with a wide range of organisations as part of the usual Tom Blenkinsop: To ask the Chancellor of the Exchequer policy making process. what his policy is on merging income tax and national The Government has legislated to require the Financial insurance. [190446] Conduct Authority (FCA) to introduce a cap on the cost of payday loans. The FCA will design a cap to Mr Gauke: The Government undertook detailed include the fees and charges which may be incurred in consultative work with a range of external stakeholders relation to a payday loan, including default fees and in 2011 and 2012 regarding the operational integration charges and rollover fees. of income tax and national insurance. 3W Written Answers10 MARCH 2014 Written Answers 4W

Autumn Statement 2012 announced that the Government Non-domestic Rates: Dartford would wait until existing planned changes to the personal tax system, such as Real Time Information, were further Gareth Johnson: To ask the Chancellor of the established before proceeding with additional external Exchequer how many small businesses in Dartford will consultation. benefit from the extension of the small business rate relief scheme to March 2015. [190628] Minimum Wage: Yorkshire and the Humber Mr Gauke: No estimate has been made by the Treasury Greg Mulholland: To ask the Chancellor of the Exchequer of the number of small businesses in Dartford that will how many fines have been issued to employers in (a) benefit from the extension of the small business rate Leeds North West constituency, (b) West Yorkshire, relief (SBRR) scheme which was announced at autumn (c) Yorkshire and the Humber for not paying the statement 2013. national minimum wage since March 2013; and what The Government estimates that around 540,000 small the total value of fines is in each such area [190684] businesses in England will benefit from the extension of the SBRR and that around 74,000 of these small businesses Mr Gauke: The Government takes the enforcement will be in the south-east. of NMW very seriously and HMRC enforce the national minimum wage legislation on behalf of the Department Proceeds of Crime: Ukraine for Business, Innovation and Skills (BIS) and has done so since the introduction of NMW in April 1999. It does that by investigating all complaints made about Anas Sarwar: To ask the Chancellor of the Exchequer employers suspected of not paying the minimum wage, what steps his Department is taking to prevent money in addition carrying out targeted enforcement where it from Ukraine derived from illegal sources entering the identifies a high risk of non-payment of NMW across British financial system. [189886] the whole of the UK. Sajid Javid: The current situation in Ukraine is of HMRC does not capture complaints or the outcomes deep concern across Government. The UK is committed of its investigations by reference to Government regions, to providing technical advice to the Ukrainian authorities constituencies or county. Its management information with respect to identifying, confiscating and returning relates to the work of teams who are multi-located. improperly acquired assets and is pushing for the immediate Additionally, because it resources to risk, work relating imposition of asset freezing measures across the EU in to a specific geographical area is not always done by the support of this. NMW team based in that area. The Government’s approach to anti-money laundering Prior to 6 April 2009, HM Revenue and Customs is designed to make the UK financial system a hostile (HMRC) issued penalty notices to those employers who environment for money laundering. failed to comply, within 28 days, with an enforcement notice. A new enforcement regime, introduced m April The Treasury has contacted anti-money laundering 2009, saw the introduction of automatic penalties for supervisors highlighting the role that robust beneficial employers who are found to have underpaid their workers. ownership checks by firms can play in preventing the Between 1 April 2013 and 28 February 2104, HMRC facilitation of corrupt asset flight. The Treasury has has issued 561 penalties for non payment of national suggested that supervisors emphasise the increased risk minimum wage, with a combined value of £671,524. in relation to Ukraine to their firms and remind them of the need to have appropriate systems and controls for due diligence, ongoing monitoring and reporting of Money Laundering: EU Law suspicious transactions, including PEP and beneficial ownership checks. Mr Sutcliffe: To ask the Chancellor of the Exchequer The Treasury welcomes the Financial Conduct if he will press for amendments allowing national Authority’s decision to issue a notice to financial institutions governments discretion to exempt low risk industries following recent developments in the country. The notice from the provisions of the fourth EU anti-money laundering reminds firms of their legal obligations under the Money directive; and if he will make a statement. [190268] Laundering Regulations 2007 and the Proceeds of Crime Act 2002. It also notes that developments in Ukraine Sajid Javid: The aim of the fourth money laundering highlight the continuing need for vigilance and robust directive is to update EU member states’ anti money systems and controls in dealing with actual or potential laundering and counter terrorist financing regimes to politically exposed persons (PEPs). reflect the revised global standards agreed through the Financial Action Task Force (FATF), as well as the Research: Finance European Commission’s review of the implementation of the third directive. Oliver Colvile: To ask the Chancellor of the Exchequer The new FATF standards embed a risk-based approach with reference to the Department for Business, Innovation to ensure that measures to combat money laundering and Skills Analysis Paper No. 3, Insights from international and terrorist financing risks are proportionate and effective. benchmarking of the UK science and innovation system, The Government continues to work to ensure that this published in January 2014, paragraph 6, whether he is principle is applied, so EU member states are able to considering proposing targets for increasing public and exempt sectors identified as low-risk from certain provisions private research and development spending to meet the of the new directive. 2.9% average of the UK’s competitors. [190356] 5W Written Answers10 MARCH 2014 Written Answers 6W

Mr Willetts: I have been asked to reply on behalf of EDUCATION the Department for Business, Innovation and Skills. BIS Analysis Paper Number 3 reviews the UK’s Academies performance against relevant comparator countries on a range of science and innovation indicators. The evidence Mr Donohoe: To ask the Secretary of State for Education shows that the UK’s total investment in R&D has been what estimate he has made of the total value of all land relatively static at around 1.8% of GDP, whereas owned by schools where title deeds have been transferred comparator countries spend on average 2.9% of GDP. from local authorities to academies. [189956] It doesn’t suggest that setting a 2.9% R&D target is the best approach to increase our performance. Mr Timpson: The value of trusts’ land in The Government is preparing a Science and Innovation the Department’s consolidated accounts for financial Strategy for autumn statement 2014. Through consultation, year 2012-13 is £5.718 billion. The Department based we will take views on how to deliver the research and this figure on a valuation commissioned to prepare its innovation infrastructure needed to ensure that the accounts. The valuation takes no account of how academy UK’s capabilities remain world-leading, playing a key trusts have valued land in their own accounts or whether role in economic growth and scientific excellence. the academy trusts have title to the land. The Department instead values land that academy trusts own or have the sole long-term use of. We cannot therefore estimate the VAT value of land where local authorities have transferred title to academy trusts. Tom Blenkinsop: To ask the Chancellor of the Exchequer for what reason he decided not to charge VAT on the Academies: Dudley sale of cryptocurrencies. [190434] Margot James: To ask the Secretary of State for Mr Gauke: Although they have a number of unique Education what the financial consequences are of moving characteristics, cryptocurrencies could be used as a to academy status for schools in the Metropolitan Borough speculative investment or in place of a currency in of Dudley. [189857] certain circumstances. The VAT treatment that has been applied to them is therefore consistent with the VAT Mr Timpson: Becoming an academy brings a number treatment for financial products of this sort, which of benefits, including more control over how schools ensures that different instruments being used for the can use their funding. same purpose will receive the same VAT treatment. It is Academies and local authority maintained schools clearly stated in the HMRC brief that the treatment is receive comparable funding. The main difference is that subject to further EU or regulatory developments. as an academy, all the funding intended for schools passes directly to them rather than a proportion being Video Games: Tax Allowances held back by the local authority. Academies receive an Education Services Grant to cover the cost of services Dan Jarvis: To ask the Chancellor of the Exchequer that local authorities provide to maintained schools. what steps his Department has taken with the UK video Schools also receive start-up grants to help with costs gaming industry to supply the relevant information to of becoming an academy, such as legal fees, which have the European Commission on tax breaks for the industry. to be paid prior to the point of opening. [190857] All Party Physical Activity Commission Mr Gauke: The Government remains committed to introducing video games tax relief as soon as possible. John Woodcock: To ask the Secretary of State for As part of its investigation, the Commission has asked Education if he will publish his Department’s evidence for more evidence on the UK video games sector. The to the All Party Commission on Physical Activity. Government responded to this request as quickly and [190581] fully as possible, with support from the industry. The investigation remains confidential and the Mr Timpson: ‘Moving More, Living More’—a cross- Government is not able to provide any more detail at Government strategy to promote physical activity—was this stage. launched on 13 February 2014. A copy of the strategy has been sent to the All Party Commission on behalf of the Government as evidence of its commitment to Working Tax Credit physical activity. A copy of this document will be placed in the Library. Chris Ruane: To ask the Chancellor of the Exchequer how many people changing from a single working tax Care Proceedings credit claim to a joint claim have had to submit a fresh application in each of the last five years; what the Andrew Griffiths: To ask the Secretary of State for average back-dated payment was to such an applicant Education which local authorities offer Family Group in each such year; and what average time was taken for Conferences to families undergoing care proceedings. the joint claim to be paid in each such year. [190400] [190545]

Nicky Morgan: This information is not readily available Mr Timpson: The Department for Education does and could be obtained only at disproportionate cost. not hold this information centrally. 7W Written Answers10 MARCH 2014 Written Answers 8W

The Government recognises the importance of Family Mr Laws: For pupils aged 11 at the end of key stage 2 Group Conferences as good practice in pre-proceedings in the 2012-13 academic year, 14% did not achieve level and is currently funding the Family Rights Group to 4 or above in reading, 26% did not achieve level 4 or develop an accreditation framework to increase quality above in grammar, punctuation and spelling and 17% and consistency of provision and to increase the use of did not achieve level 4 or above in writing teacher them at pre-proceedings stages. assessments. More detail can be found in table 2 of the statistical Children: Day Care first release ‘National curriculum assessments at key stage 2 in England: academic year 2012 to 2013’: Ms Abbott: To ask the Secretary of State for Education https://www.gov.uk/government/publications/national- (1) what services and support his Department plans to curriculum-assessments-at-key-stage-2-2012-to-2013 provide to families who will be ineligible for the Government’s new childcare scheme; [190551] Children: Social Services (2) what steps his Department is taking to support low-income families to access affordable and quality childcare and to ensure that no children miss out on the Mrs Lewell-Buck: To ask the Secretary of State for early stages of education. [190552] Education pursuant to the answer of 24 February 2014, Official Report, column 211W, on Children’s Social Elizabeth Truss: The Government is taking Services, how many local authorities have stopped using comprehensive action to improve the affordability, the Integrated Children’s System since 2006. [190471] availability and quality of child care and early education. Low income families can claim up to 70% of their child Mr Timpson: The Government does not collect care costs through working tax credit. Budget 2013 information on the IT systems used by local authorities. announced that an additional £200 million would be It is the responsibility of local authorities to determine allocated to childcare support through universal credit how ICT systems can be best used to support the (UC) from 2016. Child care support under UC will be delivery of social care services. extended for the first time to those working fewer than 16 hours, enabling parents to take the first steps into Children’s Centres work. In addition to this, the new tax-free child care scheme Andrew Griffiths: To ask the Secretary of State for will cover 20%-equivalent to the basic rate of tax-of Education which children’s centres offer (a) antenatal working families’ child care costs up to a limit of £6,000 appointments, (b) birth registration and (c) parenting per year per child. This will be available to families who classes. [190544] are not already eligible to claim up to 70% of their child care costs through working tax credit. Elizabeth Truss: The Department for Education does All three- and four-year-olds are entitled to a funded not hold information about which children’s centres early education place. In September 2010, we increased offer (a) antenatal appointments, (b) birth registration the number of hours for which children are eligible to and (c) parenting classes. 15 hours. Additionally, since 1 September 2013, local The core purpose of children’s centres is to improve authorities have been under a statutory duty to secure a outcomes for young children and their families and free nursery place for any eligible two-year-old. By reduce inequalities between families in greatest need October 2013, local authorities reported that around and their peers. Within this core purpose, local authorities 92,000 two-year-olds were already accessing a place-70% have flexibility to design and develop the services that of the way towards the 130,000 places planned for the are right for their own communities. first year. From September 2014, this entitlement will be extended to include those low income working families, reaching around 40% of all two-year-olds in England. Sarah Champion: To ask the Secretary of State for Education (1) how many children’s centres have closed The Government is also putting in place a number of since May 2010; [190648] measures to support the development of accessible, affordable high quality childcare provision across the (2) how many children’s centres which moved country, including: outside of local authority control are still in operation under a new legal structure, such as a 1. creating new child minder agencies; charity or co-operative, since 2010; [190649] 2. making it easier for schools to take two-year-olds and to offer out-of-school-hours facilities; (3) how many children’s centres are currently (a) run 3. simplifying the regulatory framework and planning rules so by private sector companies and (b) consulting nurseries can expand more easily; and on proposals to be run by private sector companies. 4. improving the funding system to increase consistency across [190651] local authorities and maximise the funding that reaches the frontline. Elizabeth Truss: As of 30 November 2013, 3,055 local authority designated children’s centres were open. There Children: Literacy were a further 501 sites which were designated as children’s centres in April 2010 that remain open and offering Andrew Selous: To ask the Secretary of State for services to families and children as part of a network of Education what proportion of 11 year olds in England children’s centres. Information from local authorities are not deemed to have the required level of literacy. shows that 65 centres have closed since April 2010. Six [190860] new centres have opened. 9W Written Answers10 MARCH 2014 Written Answers 10W

The Department for Education does not collect the Students whose initial assessment shows they are not number of children’s centres that have moved outside of ready to re-take GCSEs may take one of the interim local authority control which are still in operation under qualifications as a stepping stone to GCSE, which can a new legal structure, such as a charity or co-operative. include functional skills and free-standing mathematics It does not hold information on the number of children’s qualifications recognised by the funding condition. (a) centres that are currently run by private sector Equality companies and (b) consulting on proposals to be run by private sector companies. Mr Raab: To ask the Secretary of State for Education pursuant to the answer of 13 February 2014, Official Sarah Champion: To ask the Secretary of State for Report, column 817W,on equality, what his Department’s Education what funds were ringfenced for children’s total expenditure on equality and diversity was in (a) centres in 2010. [190650] 2008-09 and (b) 2013-14; and what the cost of the full-time equivalent officials who advised on quality Elizabeth Truss: Information on the funding for children’s and diversity was in each year since 2008-09. [190149] centres in 2010-11 is available at: http://webarchive.nationalarchives.gov.Uk/20130903173913/ Elizabeth Truss: We are unable to provide a total http://www.education.gov.uk/childrenandyoungpeople/ expenditure figure for equality and diversity in 2008-09 earlylearningandchildcare/delivery/funding/a0071955/lagrant due to changes in the Department’s financial management The 2010-11 Memorandum of Grant for the Sure system. Expenditure in the 2009-10 was £327,280 and to Start, Early Years and Childcare Grant and Aiming date in 2013-14 is £98,997. High for Disabled Children Grant is also available from We are unable to provide costs of the full-time equivalent this link. This Memorandum contains full information officials who have advised on equality and diversity on the grant, including details of ring-fencing arrangements. since 2008-09 as we do not hold historical data on the individuals and their grades. In 2009-10 there were five full-time equivalent officials supporting equality and Sarah Champion: To ask the Secretary of State for diversity compared with the current 1.2 full-time equivalent Education what funds other than funding for disadvantaged officials at an annual cost of £44,965. two year olds are ringfenced for children’s centres in the current financial year. [190652] Female Genital Mutilation

Elizabeth Truss: The Early Intervention Grant was Helen Jones: To ask the Secretary of State for established in April 2011 to give local authorities the Education (1) what steps he is taking to ensure that freedom to make decisions on how best to target resources schools have policies in place to (a) help to identify on supporting early intervention and other valuable girls who have undergone female genital mutilation and services to meet the needs of their communities. The (b) refer them to appropriate support; [190516] Early Intervention Grant transferred into the new Business (2) what steps he is taking to ensure that teachers Rates Retention system of local government finance in receive adequate training in recognising children at risk 2013-14. It is non-ringfenced and unhypothecated so of female genital mutilation; and if he will make a that local authorities retain the flexibility to make the statement. [190521] most effective use of funding available. £533 million is being provided to local authorities to Mr Timpson: The Secretary of State for Education, deliver early education for two-year-olds this year, rising my right hon. Friend the Member for Surrey Heath to £755 million next year. (Michael Gove), set out our intentions in a statement on 25 February following a meeting with campaigners earlier that day. This statement has been published and Education: Qualifications is available online at: https://www.gov.uk/government/news/michael-gove-guidance- for-schools-on-female-genital-mutilation Mr Marcus Jones: To ask the Secretary of State for Any member of staff in a school who has concerns Education if he will introduce universal qualifications that a child may be suffering, or be likely to suffer, for functional skills to better allow employers to significant harm has a responsibility to take appropriate understand an individual’s competencies. [190405] action, working with other services as needed. All staff members should receive appropriate child Matthew Hancock: As part of the new study programmes, protection training which is regularly updated to enable all young people who have not yet achieved a grade C or them to discharge that responsibility. School governing above in English and/or mathematics at GCSE must bodies and proprietors must ensure that the policies, continue to study these subjects post-16, whether they procedures and training in their schools or colleges are are enrolled with a school, college or work-based learning effective and comply with relevant legislation. provider, or doing a traineeship. This requirement will be enforced by making it a Harperbury Free School condition of 16-19 funding from September 2014. Providers will be funded per student and so providers will lose Mrs Main: To ask the Secretary of State for funding if they do not offer teaching in English and/or Education what recent discussions he has had with the mathematics to students without GCSEs (A*-C) in Secretary of State for Health on Harperbury Free these subjects. School. [190513] 11W Written Answers10 MARCH 2014 Written Answers 12W

Mr Timpson: Officials from the Department for Schools: Standards Education have had many discussions with their colleagues in the Department of Health on Harperbury free school. Mr Marcus Jones: To ask the Secretary of State for They continue to work together to establish whether the Education if he will make employability and employment site owned by the Department of Health demonstrates outcomes key measures of accountability for schools. value for money for the taxpayer if it is developed for [190431] the free school. In addition, my noble Friend Lord Nash, Parliamentary Mr Laws: I announced in October 2013 that we Under-Secretary of State for Education, has recently would like to include destination measures as a headline discussed the matter with my noble Friend Earl Howe, measure for secondary school accountability. This will the Parliamentary Under-Secretary of State for Quality. show the percentage of pupils who went on to sustained Internet education, employment or training during the year after they finished their key stage 4 qualifications. Jim Shannon: To ask the Secretary of State for We currently publish experimental statistics to show Education what services his Department provides that this information. The data can be found here: are (a) available online only and (b) planned to move https://www.gov.uk/government/collections/statistics- to online only. [190363] destinations We are continuing developmental work on these Elizabeth Truss: The Department for Education does experimental statistics and once we are clear that they not have any publically facing digital services which are are robust, we will use the destination measures data as online only, nor does it plan to do so. headline indicators in key stage 4 and key stage 5 Although it is the aim to make Government services performance tables. digital by default, the Government also recognises that not everyone who uses these services is online, so digital Students: Finance support will continue to be available to those users that need it. Alex Cunningham: To ask the Secretary of State for Ofsted Education pursuant to his answer of 13 February 2014, Official Report, column 825W, on students: finance, for what reason his Department has not compared the Dr Thérèse Coffey: To ask the Secretary of State for number of 18-year-olds affected by changes in funding Education when he expects the Ofsted Data Dashboard for full-time education with the 16 to 18 cohort in to be updated with the 2013 results. [190135] full-time education. [190472] Mr Laws: This question is a matter for Ofsted. I have asked Her Majesty’s Chief Inspector, Sir Michael Wilshaw, Matthew Hancock: The impact assessment published to write to the hon. Member. A copy of his response has on 13 January looked at the impact of the funding been placed in the House Library. reduction for 18-year-olds based primarily on data from the 2012-13 Individualised Learner Record. While this Regulation contains data about 16 to 18-year-olds enrolled at colleges, it does not include 16 to 18-year-olds studying in schools. Only around 15% of 18-year-olds funded by the Mr Andrew Turner: To ask the Secretary of State for Department for Education are enrolled in schools. Data Education how many draft regulations were raised by for a number of the variables covered in the impact his Department in each of the last five years; and how assessment are not available from the schools census, many such regulations (a) were and (b) were not which is why we excluded school data from various consulted upon. [190510] parts of the analysis. Elizabeth Truss: The following table shows the number of statutory instruments (Sis), both regulations and Teachers: Training orders, laid in draft by the Department for Education and subject to the approval of Parliament before they Nic Dakin: To ask the Secretary of State for Education were made in each of the last five calendar years. Those what the (a) number, (b) ethnicity, (c) gender and (d) numbers have been taken from the records held by the age was of trainees recruited to each provider’s Initial Legal Adviser’s Office. Teacher Training undergraduate primary programmes Although we believe that these records are reasonably in the (i) 2012-13 and (ii) 2013-14 academic years. accurate, we cannot confirm this. The last column shows [190703] how many of those instruments were the subject of a consultation through the Department’s external website. Mr Laws: Provider-level data for 2012-13 and 2013-14 will be published in the initial teacher training performance Sis laid in draft Sis consulted upon profiles in September 2014 and September 2015 respectively. 2009 4 1 The published data report numbers of undergraduate 2010 3 0 trainees at each provider, but do not identify the characteristics of undergraduate trainees separately. The 2011 1 0 latest published data can be found here: 2012 5 3 2013 4 0 https://www.gov.uk/government/publications/initial-teacher- training-performance-profiles-2013-management-data 13W Written Answers10 MARCH 2014 Written Answers 14W

Nic Dakin: To ask the Secretary of State for Education When teaching about the First World War it is up to what the (a) number, (b) ethnicity, (c) gender and (d) schools and teachers to decide what resources they use. age of trainees recruited to each of School Direct, Schools Direct (salaried), Higher Education Provider and Teach First was in the (i) 2012-13 and (ii) 2013-14 academic years. [190704] NORTHERN IRELAND

Mr Laws: Provider-level data for 2012-13 and 2013-14 Internet will be published in the initial teacher training performance profiles in September 2014 and September 2015 respectively. The published data report numbers of trainees and Jim Shannon: To ask the Secretary of State for Northern their characteristics at each higher education institution Ireland what services her Department provides that are and identifies trainees on Teach First programmes (a) available online only and (b) planned to move to separately. The 2014 and 2015 publications will also online only. [190369] include comparable data about School Direct. Mrs Villiers: My Department does not provide any The latest published data can be found here: online services nor do we have any plans to do so. https://www.gov.uk/government/publications/initial-teacher- training-performance-profiles-2013-management-data Terrorism Nic Dakin: To ask the Secretary of State for Education what account he plans to take of (a) the future viability Lady Hermon: To ask the Secretary of State for of higher education Initial Teacher Training (ITT) provision Northern Ireland (1) pursuant to her written statement in London, (b) the costs and risks of Ofsted inspections of 25 February 2014, Official Report, columns 16-18WS, of ITT, (c) the effect on regional supply and demand, on High Court judgment, what the current status is of (d) the effect on the subject knowledge enhancement the 187 administrative letters sent to on-the-runs; whether programmes provided by universities, (e) the effect on the letters have been rescinded; and if she will make a the capacity of universities to provide support for school statement; [190556] and college improvement, (f) continuous professional (2) whether the IRA members suspected of the murder development and the administration of ITT, (g) student of Chief Superintendant Breen and Superintendent access to learning resources, libraries and services such Buchanan in March 1989 are amongst the 187 on-the-runs as counselling and (h) demand from ITT students for who received so-called comfort or administrative letters; academic qualifications when making 2015-16 ITT and if she will make a statement. [190586] allocations; and if he will make a statement. [190707] Mrs Villiers: On 27 February, the Prime Minister Mr Laws: As we have for previous years, we will announced that a judge would be appointed to undertake consider a range of factors in the allocation of Initial an independent review to provide a full public account Teacher Training (ITT) places for the 2015/16 academic of the operation and extent of the administrative scheme year. However, it is too early in the process to confirm for dealing with so called “on-the-runs” established by exactly which factors can and cannot be taken into the previous Government. This will include a factual account. check of all letters issued. I expect the report to be This summer we will publish information on the provided to me by the end of May 2014 for the purpose range of factors that we will consider in the allocation of its full publication. of places. This information will help schools and ITT providers as they request and plan the delivery of places. Lady Hermon: To ask the Secretary of State for Northern Ireland with reference to the judgment in the World War I: Education case of John Downey, whether she plans to correct the answer of 10 January 2011 given by the right hon. Dan Jarvis: To ask the Secretary of State for Member for North Shropshire to the hon. Member for Education what teaching resources are being provided North Down, Official Report, column 46W, on to schools to help engage students in the centenary of on-the-runs; and if she will make a statement. [190585] the First World War; and who is responsible for the co-ordination of such resources. [190856] Mrs Villiers: At the time of this parliamentary question (January 2010) the general issue of ″on-the-runs″ had Elizabeth Truss: The Department for Education and been raised with my predecessor on a number of occasions Department for Communities and Local Government during the course of regular meetings. are jointly funding the First World War Centenary Battlefield Tours Programme. This is led by the Institute of Education (IOE), the principal co-ordinator of educational resources for schools for the First World WORK AND PENSIONS War centenary.Through a dedicated website and Battlefield Tours Programme, leading educational experts from the IOE are creating and sharing teaching ideas and resources Apprentices on a wide range of topics surrounding the war and these will continue to develop and expand in their range Ms Abbott: To ask the Secretary of State for Work and depth over the next five years. A number of other and Pensions what steps his Department is taking to key organisations are also producing resources to encourage under-19 school leavers to start apprenticeships. commemorate the centenary. [190550] 15W Written Answers10 MARCH 2014 Written Answers 16W

Esther McVey: The Department offers a comprehensive Esther McVey: I refer the right hon. Member to the menu of tailored support to encourage under 19-year-olds, written answer I gave him on 11 February 2014, Official including school leavers, to start apprenticeships. Report, columns 583W. Jobcentre Work Coaches discuss opportunities available Employment Services at fortnightly job search reviews, advising young people to register on the National Apprenticeship Service vacancy Stephen Timms: To ask the Secretary of State for site, in order to apply for apprenticeship vacancies. Work and Pensions what estimate he has made of the Work Coaches also offer an interview with a National cost of introducing a jobseeker classification instrument. Careers Service adviser who can refer young people to a [190525] sector based work academy or Traineeship opportunity, both of which can lead to an apprenticeship job. Esther McVey: DWP has not estimated the cost of In addition to this the Department’s local and national implementing any such tool. Partnership Managers also promote apprenticeships to The JSCI tool piloted in the Department identified employers as part of the menu of services available to 32% of those people who ended up as long-term help with their recruitment needs. unemployed. This means that for every individual who Attendance Allowance is correctly identified and given additional help to get into work, we would also be helping two individuals Steve McCabe: To ask the Secretary of State for who would not become long-term unemployed. Work and Pensions pursuant to the answer of 12 February Because the JSCI tool did not match claimants to the 2014, Official Report, column 675W, on attendance types of intervention that may help reduce their risk of allowance, what steps officials in his Department take becoming long-term unemployed, this could be fully to ascertain that claimants already in receipt of attendance explored only by an operational trial of a segmentation allowance are still eligible for that benefit once they approach. have moved into residential care. [190784] Any assessment about the potential cost of a segmentation model would need to include the relative Mike Penning: I refer the hon. Member to the written effectiveness and costs of interventions alongside the answer I gave him on 26 February 2014, Official Report, costs of administering the tool. column 371W. Housing Benefit Credit Unions Alex Cunningham: To ask the Secretary of State for : To ask the Secretary of State for Work and Pensions if he will review the method used Work and Pensions what assessment he has made of by the Valuation Office Agency to calculate the shared the growth of credit union membership since the award accommodation rate so that those with a specific need of the Credit Union Expansion Project contract to the receive the help to which they are entitled. [190132] Association of British Credit Unions in April 2013. [190433] Esther McVey: The Rent Services in England, Scotland and Wales are responsible for determining the annual Steve Webb: Figures from the Prudential Regulation LHA rates (including the Shared Accommodation Rates), Authority show that over 1 million people are adult in accordance with the legislation which lays down the members of credit unions. appropriate uprating method. The DWP Credit Union Expansion Project contract began in May 2013. We are taking steps to help build Housing Benefit: Disability the capacity and capability of the sector, by developing and introducing to credit unions an automated decision- John Hemming: To ask the Secretary of State for Work making tool, encouraging participating credit unions to and Pensions if he will take steps to encourage local review the services and products they offer, and enhance authorities to make longer term awards of discretionary their business processes. Once these measures are embedded housing payments for those people with disabilities. and credit unions are ready to cope with increasing [190410] membership numbers we will step up the marketing and recruitment phases of the Project. Steve Webb: As announced in the autumn statement discretionary housing payment (DHP) funding will actually While taking these early steps the overall membership be increased by £40 million in 2014-15 to £165 million. of participating credit unions has increased by 34,295. The increase in DHP for 2014-15 is relative to the The Project is more than increasing credit union previously announced Government allocation for 2014-15 membership; it is about taking the right steps to ensure of £125 million. a sustainable future for the sector. This gives local authorities the confidence they need Employment and Support Allowance to make longer-term awards for people with on-going needs. Paul Burstow: To ask the Secretary of State for Work DWP provides local authorities (LAs) with a guidance and Pensions pursuant to the answer of 18 November manual regarding DHPs, along with a good practice 2013, Official Report, column 669W, on employment guide which offers advice on how DHPs can be used to and support allowance, what medical conditions have provide support to claimants affected by some of the been diagnosed in each person transferred from incapacity key welfare reforms. The guidance is clear that LAs can benefit to jobseeker’s allowance after having been seen consider making long term or indefinite awards for by an assessor; and how many such people have been disabled people. Guidance for 2014-15 is currently being diagnosed with each such condition. [190127] reviewed and will continue to highlight this. 17W Written Answers10 MARCH 2014 Written Answers 18W

This information for 2013-14 can be accessed through spare room subsidy. This includes £20 million that local the following link: authorities are able to bid for should they need more https://www.gov.uk/government/uploads/system/uploads/ funding. attachment_data/file/233096/discretionary-housing- In 2014-15 the Government will continue to support payments-guide.pdf those affected by the removal of the spare room subsidy. Out of a total Government contribution for discretionary Housing Benefit: Social Rented Housing housing payments of £165 million in GB, £60 million has been specifically allocated on the basis of the impacts John Hemming: To ask the Secretary of State for Work of the policy. and Pensions what assessment he has made of the use of discretionary housing payment to deal with people affected by the under-occupancy penalty over the next Internet two financial years; and if he will make a statement. [190409] Jim Shannon: To ask the Secretary of State for Work and Pensions what services his Department provides Steve Webb: The Department has commissioned an that are (a) available online only and (b) planned to independent two year evaluation to monitor the effects move to online only. [190374] of the removal of the spare room subsidy, including the use of discretionary housing payments. The final report Esther McVey: We do not provide any service that is will be published in 2015. purely online. All our online services have the provision In addition the Department is collating and publishing of alternative channels to support vulnerable customers information about the use of discretionary housing and those without the skills or access to them. payments by local authorities in Great Britain twice yearly. The information covering the period April 2013 to September 2013 was published on 20 December 2013 Lone Parents and can be accessed at: https://www.gov.uk/government/publications/use-of- Andrew Griffiths: To ask the Secretary of State for discretionary-housing-payments Work and Pensions how many and what proportion of children in each income decile and of each ethnicity John Hemming: To ask the Secretary of State for live in lone parent households. [190547] Work and Pensions how much in discretionary housing payments has been allocated in (a) England and (b) Esther McVey: Figures are drawn from the Households Birmingham for those affected by the under-occupancy Below Average Income and Family Resources Survey penalty in (i) 2013-14, (ii) 2014-15 and (iii) 2015-16. annual reports and have been provided on a three year [190411] average covering 2009-10 to 2011-12 to overcome sample volatility. Esther McVey: The information is as follows: For the analysis lone parents have been identified at (a) Please find below, a table detailing the allocations the family level rather than the household. Families (or for England. The figures for 2015-16 will be decided in benefit units) are defined as a single adult or couple due course. living as married and any dependent children. A household is a single person or group of people living at the same Relevant year Total DHP allocation for RSRS in England (£) address as their only or main residence, who either 2013-14 25,950,209 share one meal a day together, or share the living 2014-15 46,053,525 accommodation (i.e. the living room). A household will 2015-16 1- consist of one or more families. As a result, families are 1 TBD a more suitable level for identifying children with lone parents. (b) Please find below, a table detailing DHP allocations for Birmingham in relation to the Removal of the Spare Table 1: Population and percentage of children in lone parent families by net disposable household income decile, Before Housing Costs, three year average Room Subsidy, including the total allocations for the 2009-10 to 2011-12, UK respective years. The figures for 2015-16 will be decided Decile (three-year Population of children Percentage of children in due course. average) (million) in lone parent families

Decile 1 0.3 26 £ Decile 2 0.6 38 DHP allocation for Total DHP allocation Relevant year RSRS-Birmingham for Birmingham Decile 3 0.6 35 Decile 4 0.5 31 2013-14 789,887 3,770,701 Decile 5 0.3 25 2014-15 1,414,303 4,146,726 Decile 6 0.3 19 2015-16 1- 1- Decile 7 0.1 .13 1 TBD Decile 8 0.1 10 In 2013-14 the Government contribution to discretionary Decile 9 0.1 7 housing payments was increased to £180 million in Decile 10 — 4 Great Britain (GB). While local authorities are able to use all of the funding as they decide in line with local All 3.0 23 priorities, £55 million was specifically allocated on the Source: basis of the estimated impacts of the Removal of the HBAI 2009-10 to 2011-12 19W Written Answers10 MARCH 2014 Written Answers 20W

Table 2: Population and percentage of children in lone parent families Pensions Regulator by ethnicity, three year average 2009-10 to 2011-12, UK Ethnic group of head of Percentage of household (three-year Population of children in lone Dan Jarvis: To ask the Secretary of State for Work average) children (million) parent families and Pensions pursuant to the answer of 3 March 2014, Official Report, column 685W, on pensions regulator, White 2.6 23 on what grounds the regulator did not take action in Mixed/multiple ethnic 0.1 34 three cases; and who the 26 employers were. [190575] groups Asian/Asian British 0.1 12 Steve Webb: The regulator determined that the threshold Indian 1—8for taking regulatory action had not been met in these Pakistani 0.1 16 cases. Bangladeshi 1—12It is not possible to provide any further details given Chinese 2— 2— the information remains commercially sensitive and is Any other Asian 1—12held in confidence. background Black/African/ 0.2 42 Pensions: Financial Assistance Scheme Caribbean/Black British Other ethnic group 1—19Jim Sheridan: To ask the Secretary of State for Work and Pensions what assessment he has made of the All 3.0 23 extent to which the commitment to 90 per cent of 1 Indicates the figure is less than 50,000 children. expected pension entitlement for those involved in the 2 Indicates the figures are not available due to small sample sizes Financial Assistance Scheme has been reached. [190492] (less than 100). Notes: Steve Webb: We have not made such an assessment. 1. These statistics are based on Households Below Average Income (HBAI) data sourced from the 2011-12 Family Resources Survey The rules of the Financial Assistance Scheme are structured (FRS). This uses disposable household income, adjusted using to provide 90% of a person’s accrued pension, as at the modified OECD equivalisation factors for household size and date the scheme began to wind up—subject to a cap. composition, as an income measure as a proxy for standard of Therefore, with the exception of those whose assistance living. is capped—323 individuals as at January 2014—everyone 2. Net disposable incomes have been used to answer the question. involved with the Financial Assistance Scheme will get This includes earnings from employment and self-employment, state support, income from occupational and private pensions, investment a pension on this basis. income and other sources. Income tax payments, national insurance contributions, council tax/domestic rates and some other payments Poverty: Children are deducted from incomes. 3. Families (or benefit units) are defined as a single adult or couple Mr McKenzie: To ask the Secretary of State for living as married and any dependent children, including same sex Work and Pensions what assessment he has made of couples (civil partnerships and cohabitees) from January 2006. 4. All estimates are based on survey data and are therefore subject to the changes in the level of absolute child poverty since a degree of uncertainty. Small differences should be treated with May 2010; and if he will make a statement. [190558] caution as these will be affected by sampling error and variability in non-response. Esther McVey: The absolute poverty threshold has 5. Populations have been rounded to the nearest 100,000 children been rebased. Under the new baseline, absolute child and percentages to the nearest whole percentage point. poverty was reported at 2.3 million (18%) in 2010-11. 6. Three survey years have been combined because single year estimates are considered to be too volatile. Under the old baseline, it was reported at 1.4 million Source: (11%). These changes result from a reclassification and HBAI 2009-10 to 2011-12 in no way represent a real change in children’s circumstances in 2010-11. Older Workers: Training From 2009-10 to 2011-12 the number of children in absolute poverty increased by 300,000. However, combined Robert Halfon: To ask the Secretary of State for low income and material deprivation has remained Work and Pensions what steps he is taking to ensure about the same. This shows that families with children that older workers have access to training to improve have not reported a reduction in their capacity to buy their skills and employability. [190094] goods and services. Over the same period relative poverty decreased by 300,000 and is now at its lowest level since Esther McVey: Local jobcentres have the freedom to the mid-1980s. innovate approaches to help older people. Jobcentre Work Separated People Coaches have the flexibility to offer older people a comprehensive menu of help which includes apprenticeships, Andrew Griffiths: To ask the Secretary of State for skills provision and job search support. All claimants Work and Pensions what assessment he has made of who are long term unemployed can access the tailored, which interventions funded by the Innovation Fund for back to work support, on offer from the Work Programme. new support services for separating parents have been Community Learning is also an important part of effective in fostering collaborative relationships between the wider learning and skills offer for older people. It is parents after separation. [190726] funded through an annual budget of £210 million managed by the Skills Funding Agency and most provision is Steve Webb: It would be premature to make any such delivered or commissioned by local authority providers, assessment in advance of the formal evaluation of these FE colleges, large voluntary organisations and other projects. We have set aside funding to ensure that this providers. evaluation is carried out effectively and have plans in 21W Written Answers10 MARCH 2014 Written Answers 22W place. The results will be made available once the projects Esther McVey: If someone is extradited but not then have had sufficient numbers of participants to enable a imprisoned, the position concerning the individual robust evaluation. In some cases this may mean the circumstances will be considered. It may be possible to project will have to have run its full course. pay a benefit overseas under normal temporary absence rules, however working age benefits are not paid to a Andrew Griffiths: To ask the Secretary of State for person who is resident in the United States, regardless Work and Pensions how many parents have been supported of the reason they are there. by the Innovation Fund for new support services for separating parents to date. [190727] Unemployment: Young People

Steve Webb: As at 31 January 2014, 3,724 parents had Dan Jarvis: To ask the Secretary of State for Work participated in the seven first round Innovation Fund and Pensions what additional help his Department projects. The other 10 round two projects were not up offers to young unemployed people in regions of high and running at that time. unemployment. [190574]

Andrew Griffiths: To ask the Secretary of State for Esther McVey: The number of young people claiming Work and Pensions what plans he has to continue benefit has fallen for the last 20 consecutive months and funding for the Innovation Fund for new support over the last year has fallen in every region of the UK. services for separating parents after 2014. [190728] Young people get the tailored help they need to find work through Jobcentre Plus, the Youth Contract and Steve Webb: The 17 Innovation Fund projects have the Work programme. In addition, through the flexible been set up as pilots to learn what works in helping support fund, Jobcentre Plus district managers have separated parents to resolve conflict and collaborate discretion to provide help to meet the specific needs of better. Consequently, the Innovation Fund is by its the local labour market. nature time limited. The final evaluation of outcomes from these projects will inform funding plans beyond Universal Credit the finishing date of March 2015. This could include the potential wider roll-out of those interventions that : To ask the Secretary of State for Work have proved to represent value for money. and Pensions how many people who have begun claiming universal credit in a pilot area have (a) moved to live in Social Security Benefits an area where universal credit is not being piloted, (b) formed a new relationship such that they are classified Kate Green: To ask the Secretary of State for Work and as part of a couple and (c) have had a child. [190476] Pensions what proportion of all claims for (a) jobseeker’s allowance, (b) incapacity benefit or severe disablement Esther McVey: The specific information requested is allowance or employment and support allowance and not readily available and could be provided only at (c) income support in the last 10 years have lasted for disproportionate cost. (i) less than three months, (ii) between three and six months, (iii) between six and 12 months, (iv) between Rachel Reeves: To ask the Secretary of State for Work one and two years and (v) over two years. [190436] and Pensions when the universal credit programme will start accepting claims from people currently eligible for Esther McVey: Information regarding the number of or claiming employment support allowance. [190478] benefit recipients, at a point in time in each of the last 10 years, by duration can be found at: Esther McVey: I refer the hon. Member to the written ministerial statement made by the Secretary of State for https://www.nomisweb.co.uk/default.asp Work and Pensions, my right hon. Friend the Member Guidance for users can be found at: for Chingford and Woodford Green (Mr Duncan Smith) https://www.nomisweb.co.uk/home/newuser.asp on 5 December 2013, Official Report, column 65WS. The UC service will be fully available in each part of Mr McKenzie: To ask the Secretary of State for Great Britain during 2016, having closed down new Work and Pensions how many people have had their claims to the legacy benefits it replaced; with a majority benefits reduced to the maximum under the benefit cap of the remaining legacy caseload moving to UC during (a) nationally and (b) in Scotland to date. [190509] 2016 and 2017.

Esther McVey: By January 2014, 38,665 households Rachel Reeves: To ask the Secretary of State for Work nationally and 1,476 households in Scotland have had and Pensions how people who begin claiming universal their benefits reduced as a result of the benefit cap since credit in a pilot area will be treated if they (a) move to the cap was introduced. This information is available at: live in an area where universal credit is not being https://www.gov.uk/government/collections/benefit-cap- piloted, (b) form a new relationship such that they are statistics classified as part of a couple and (c) have a child. [190479] Social Security Benefits: British Nationals Abroad Esther McVey: Universal credit (UC) is now live in Andrea Leadsom: To ask the Secretary of State for nine locations across the UK and as a result a number Work and Pensions pursuant to the answer of 28 February of claimants in receipt of UC have had changes in 2014, Official Report, column 532W,on USA, whether UK circumstances which result in: citizens in receipt of benefits extradited to the US will 1. change of address where they have moved out of the still have access to benefits if released on bail. [190795] prescribed post code area; 23W Written Answers10 MARCH 2014 Written Answers 24W

2. starting a relationship which results in them becoming a ENERGY AND CLIMATE CHANGE couple; 3. having a child or a child joining the UC household. Electricity: Prices In each of the above scenarios the claimant will continue to receive UC. Nigel Adams: To ask the Secretary of State for Energy and Climate Change what estimate he has made of likely changes in wholesale electricity prices in the Work Programme period 2014 to 2018; and whether the influence of the Carbon Price Floor has been incorporated into those estimates. [R] [190561] Stephen Timms: To ask the Secretary of State for Work and Pensions what assessment he has made of Michael Fallon: Future wholesale electricity prices the progress of the Work Programme best practice are largely determined by the relative prices of coal and group; and if he will make a statement. [190524] gas, and are therefore uncertain. In September 2013, DECC published projections for Esther McVey: The group will be making its final wholesale electricity prices under three different scenarios recommendations to the Minister for Employment later for fossil fuel prices. These projections include the impact this spring, though it’s already made a number of of the Carbon Price Floor as well as other policies helpful suggestions which have been welcomed, including affecting the costs and mix of generation. building the capability of Voluntary and Community The relevant information is shown in the following Sector, so the huge potential of this sector can be better table. harnessed to support some of the very hardest to help back to work. Wholesale electricity price (including impact of Carbon Price Floor, 2013 prices) Scenario Units 2014 2015 2016 2017 2018 Stephen Timms: To ask the Secretary of State for Work and Pensions (1) how many people have started Reference p/kWh 5.2 5.9 6.1 6.2 6.3 Low fossil p/kWh 4.3 4.7 4.6 4.4 4.3 their own business with support from the work fuel prices [190526] programme; High fossil p/kWh 6.7 7.3 7.6 7.7 7.8 (2) what estimate he has made of the number of fuel prices people who have begun an apprenticeship through Source: support provided on the work programme; and if he DECC Updated Energy and Emissions Projections, September 2013 will make a statement. [190529] Energy Company Obligation

Esther McVey: The data requested are not available. Lilian Greenwood: To ask the Secretary of State for Participants on the work programme are some of the Energy and Climate Change when he expects to publish hardest people to help into work, what we do know his consultation on changes to the Energy Company from the latest industry published statistics is that from Obligation and the equality impact assessment of such June 2011 to December 2013 498,000 people have been changes. [190763] helped into work by the work programme. Gregory Barker: The consultation on the Future of the Energy Company Obligation (ECO) was published Working Conditions: Temperature on 5 March 2014 and is available here: https://www.gov.uk/government/consultations/the-future-of- the-energy-company-obligation Stephen Timms: To ask the Secretary of State for Work and Pensions how many companies have been The consultation runs until 16 April 2014. prosecuted for breaching Regulation Seven of the The Government intends to publish a final impact Workplace (Health, Safety and Welfare) Regulations assessment on the final ECO proposals, following the 1992, specifying the reasonable temperature of indoor consultation, and this will include an equality assessment. workplaces since 1992. [190845] Energy Supply Mike Penning: Two companies have been prosecuted under section 7 of the Workplace (Health, Safety and Nigel Adams: To ask the Secretary of State for Welfare) Regulations since 1992. Energy and Climate Change what comparative estimate his Department has made of (a) clean spark spreads as applicable to gas generation and (b) clean Stephen Timms: To ask the Secretary of State for dark spreads as applicable to coal generation, including Work and Pensions how many complaints about the effect of the Carbon Price Floor, for winter 2015 unreasonable working temperatures have been received and winter 2014; and whether they are consistent with by the Health and Safety Executive since the Workplace recognised market data such as ICIS Heren. [R] (Health, Safety and Welfare) Regulations 1992 came [190579] into effect. [190846] Michael Fallon: The Department does not make its Mike Penning: The information requested is not collated own estimates of short-term clean spark and dark spreads. centrally in a readily retrievable format and could be For short-term spreads, we typically use market data provided only at disproportionate cost. from sources such as ICIS Heren. 25W Written Answers10 MARCH 2014 Written Answers 26W

Energy: Conservation Wide area communications coverage for the mandated roll-out will be provided through the Data and Mr Watts: To ask the Secretary of State for Energy Communications Company (DCC). The DCC is currently and Climate Change how much each of the Big Six developing its infrastructure and services in readiness energy companies should have spent on energy conservation for Initial Live Operations from late 2015. schemes to fulfil their statutory obligations in the last The DCC has committed to WAN coverage targets of three years; and how much those energy companies not less than 99.25% of GB premises by 2020, when spent on such schemes. [190088] suppliers are required to complete the roll-out. In the meantime it is obliged under its licence to seek ways of Gregory Barker: Under both the current Energy providing coverage for the remaining premises subject Company Obligation (ECO) scheme, and the previous to technical feasibility and disproportionate cost. schemes CERT and CESP, energy companies are set targets in terms of outputs rather than expenditure. The relevant orders do not specify how much money energy Fuel Poverty companies have to spend to fulfil their statutory obligations and it is for energy companies to decide how they meet Greg Mulholland: To ask the Secretary of State for their obligations. Energy and Climate Change what steps his Department Under ECO, DECC has received monthly information took to mark cold homes week. [190532] on how much energy companies have spent to meet the obligations. More information on ECO costs is available Gregory Barker: The Department has been providing here: wide-ranging support throughout the winter to help https://www.gov.uk/government/uploads/system/uploads/ people stay warm this winter, including through the attachment_data/file/260907/eco_delivery_costs.pdf Green Deal and Energy Company Obligation and the warm home discount. Lilian Greenwood: To ask the Secretary of State for The Department has also established the Big Energy Energy and Climate Change what recent meetings he Saving Network, committing nearly £2 million to its has had with British Gas to discuss energy efficiency first two years of operation to grant fund community measures in solid wall properties. [190748] organisations to help vulnerable consumers switch to a better deal and take up of energy efficiency offers. In Gregory Barker: DECC officials regularly meet with the week before cold homes week, the Big Energy all ECO obligated energy suppliers to discuss all aspects Saving Week campaign was launched in Parliament by of ECO delivery. the Secretary of State for Energy and Climate Change, All meetings between external organisations and DECC the right hon. Member for Kingston and Surbiton Ministers are published on a quarterly basis on the (Mr Davey), and I. This campaign, which ran from GOV website and are downloadable from this link: 27 to 31 January 2014, highlighted the help that is https://www.gov.uk/government/publications?keyrwords= available to consumers to reduce their energy costs. &publication_f ilter_option=transparency- There were over 300 consumer-facing events throughout data&topics%5B%5D=all&departments%5B%5D=department-of- Great Britain, gaining local and national media coverage. energy-climate-change&direction=after&date=2011-03-01 There will be an evaluation of the success of the week, prepared by campaign co-ordinators Citizens Advice, Dr Whitehead: To ask the Secretary of State for later this spring. Energy and Climate Change when he plans to lay regulations in respect of section 43 of the Energy Act 2011. [190756] Fuel Poverty: Rural Areas

Gregory Barker: The Department intends to publicly Miss McIntosh: To ask the Secretary of State for consult on the regulations relating to Minimum Standards Energy and Climate Change what assessment he has of Energy Efficiency in the Private Rental Sector (secondary made of the incidence of fuel poverty in rural off-gas regulations for section 43 of the Energy Act 2011) grid areas; and what steps he is taking to tackle such before summer 2014. Laying the regulations will be fuel poverty. [190134] determined by parliamentary timetable. Gregory Barker: The 2011 statistics for fuel poverty Energy: Meters in England show that around one in five fuel poor households were located in rural areas. About half of Jonathan Reynolds: To ask the Secretary of State for these households do not have access to mains gas. This Energy and Climate Change how many UK households equates to approximately 269,000 households. In total, currently have insufficient communications coverage to there are 2.4 million fuel poor households. The average enable smart meters to work to their full capability. fuel poverty gap for rural off-gas grid households is [190242] £982 compared to £438 for all households. Since January 2013, we have helped over 450,000 Michael Fallon: Some energy suppliers are already households to stay warm and upgrade their homes offering smart metering services ahead of the Government’s through the Green Deal, Energy Company Obligation mandated roll-out. We do not hold detailed information and cashback offers. We are determined to go further on the extent of communications coverage in relation to and are consulting on options to incentivise the delivery these services, but they typically depend on standard of energy efficiency improvements to the rural fuel poor mobile phone network services. under ECO. 27W Written Answers10 MARCH 2014 Written Answers 28W

We are also looking at new ways to target support Wind farm Owner MW off-grid, including improving access to data on off-gas grid areas to help our delivery partners. Walney 2 Dong 50.1% Scottish and 183.6 Southern 25.1% Ampere Recognising that not every household uses gas, we Equity Fund/PGGM 24.8% target the warm home discount—worth £135 this winter— Beatrice Demonstrator Scottish and Southern (SSE) 10 through electricity bills. The scheme reaches over 2 50% Talisman 50% million low-income households annually. Rhyl Flats RWE Innogy 90 Ormonde Offshore Vattenfall 150 Housing: Insulation North Hoyle RWE Innogy 60 Lynn Centrica 50% EIG Partners 86.4 50% Lilian Greenwood: To ask the Secretary of State for Scroby Sands Eon 60 Energy and Climate Change what proportion of the Kentish Flats Vattenfall 90 Energy Company Obligation has been spent on insulating Greater Gabbard Wind Scottish and Southern (SSE) 504 solid wall properties to date. [190764] Farm 50% RWE Innogy 50% Burbo Bank Dong 90 Gregory Barker: As of the end of December 2013, London Array Phase 1 Dong 50% Eon 30% Masdar 630 27,518 solid wall measures had been installed under the 20% Energy Company Obligation (ECO). Thanet Vattenfall 300 Under ECO obligated companies are set carbon Sheringham Shoal Statoil 50% Statkraft 50% 317 Lines Centrica 50% Dong 25% 270 reduction and home heating cost reduction targets; Siemens Project Ventures 25% there is no requirement as to what companies spend to Gunfleet Sands II Dong 64.8 meet the targets set. Teeside Offshore Wind EDF 62.1 DECC does not hold information on the overall Farm expenditure by energy companies on a particular measure Barrow Dong 50% and Centrica 50% 90 delivered under ECO. Robin Rigg West Eon 90 Blyth Offshore Eon 4 Lilian Greenwood: To ask the Secretary of State for Walney l Dong 50.1% Scottish and 183.6 Southern 25.1% Ampere Energy and Climate Change what estimate he has made Equity Fund/PGGM 24.8% of the number of uninsulated solid-wall properties in Robin Rigg East Eon 90 (a) Nottingham city, (b) Nottinghamshire county, (c) Inner Dowsing Centrica 50% EIG Partners 108 the east midlands and (d) the UK. [190765] 50% Total operational 3,653.5 Gregory Barker: Estimates of the number of uninsulated solid wall properties for the areas specified are not available. DECC publish regular estimates of home (b) Under construction insulation levels in Great Britain. The most recent publication, which contains estimates for the end of Wind farm Owner MW September 2013, estimated that there are around 7.6 Gwynt y Mor RWE Innogy 576 million uninsulated solid wall properties in Great Britain. Humber Gateway Eon 230 This estimate will next be updated on 20 March 2014. Fife Energy Park Samsung Heavy Industries 7 The full publication is available at: Westermost Rough Dong 240.00 https://www.gov.uk/government/publications/green-deal- West of Duddon Sands Dong 50% Scottish Power 50% 389 energy-company-obligation-eco-and-insulation-levels-in- Total under construction 1,442 great-britain-quarterly-report-to-september-2013

Wind Power: Seas and Oceans (c) Awaiting construction

Chris Ruane: To ask the Secretary of State for Energy Wind farm Owner MW and Climate Change what the name and size is of each Galloper Wind Farm Scottish and Southern 50% 504 offshore wind farm around the UK coast that currently RWE Innogy 50% (a) is operating, (b) is under construction, (c) has Kentish Flats 2 Vattenfall 51 been granted planning permission but not started Race Bank Dong 580 construction and (d) is applying for planning permission; Triton Knoll RWE Innogy 900.00 and what the name of the company operating each such NAREC Offshore Wind National Renewable Energy 99.9 Demonstrator Centre wind farm is. [190832] European Offshore Wind Vattenfall 75% Aberdeen 84 Development Centre Renewable Energy Group 25% Gregory Barker: The current status of UK offshore Dudgeon East Statoil 70% Statkraft 30% 350 wind pipeline is: Total awaiting 2,568.9 (a) Operational construction

Wind farm Owner MW (d) Planning submitted Gunfleet Sands Offshore Dong 108 Wind Scheme Wind farm Owner MW Gunfleet Sands—(Demo) Dong 12 Extension Inch Cape Repsol 51% EDP Renovaveis 49% 1,050.00 29W Written Answers10 MARCH 2014 Written Answers 30W

Runnymede and Weybridge (Mr Hammond), on 6 Wind farm Owner MW November 2013, Official Report, columns 251-4, following MacColl Offshore Repsol 33% EDP Renovaveis 67% 500 agreement of a new Heads of Terms for the programme Windfarm (Moray Firth) between the Ministry of Defence (MOD) and the Aircraft Telford Offshore Repsol 33% EDP Renovaveis 67% 500 Carrier Alliance, the programme has been rebaselined Windfarm (Moray Firth) at £6.2 billion. The revised programme will be subject to Stevenson Offshore Repsol 33% EDP Renovaveis 67% 500 Windfarm (Moray Firth) formal re-approval by the MOD approval authorities. Rampion Offshore Wind Eon 700 We expect this to take place in the spring. Farm Beatrice Scottish and Southern 75% Repsol 997.2 Appeals 25% Neart na Gaoithe Mainstream Renewable Power 450 Mr Kevan Jones: To ask the Secretary of State for Dogger Bank Creyke Scottish and Southern 25% Statoil 1,200.00 Beck A 25% RWE Innogy 25% Statkraft Defence how many appeals were brought against his 25%) Department in (a) employment tribunals and (b) Dogger Bank Creyke Scottish and Southern 25% Statoil 1,200.00 other courts in each year since 2010; and of these how Beck B 25% RWE Innogy 25% Statkraft many were granted. [189284] 25% Walney extension Dong 750 Anna Soubry: The Ministry of Defence does not hold Burbo Bank extension Dong 250 the requested information. East Anglia One Vattenfall 50% Scottish Power 50% 1,200.00 Hornsea Project One— Mainstream Renewable Power 33.3% 498.00 Armed Forces: Sexual Offences Heron Siemens Project Ventures 33.3% Dong 33.3% Hornsea Project One— Mainstream Renewable Power 33.3% 498.00 Mrs Moon: To ask the Secretary of State for Defence Njord Siemens Project Ventures 33.3% how many (a) rape, (b) sexual assault and (c) sexual Dong 33.3% harassment referrals there were from the armed forces Seagreen Alpha Fluor 50% Scottish and Southern 525 50% in (i) 2012 and (ii) 2013; how many such cases were Seagreen Bravo Fluor 50% Scottish and Southern 525 directed for trial; how many trials were held; how many 50% guilty verdicts were recorded; what the gender was of Total submitted 11,343.20 each person so referred to in the cases; and if he will make a statement. [188152] We are expecting that other offshore wind projects that are not currently in the planning system will come Anna Soubry: I will write to the hon. Member shortly. forward in future years. Substantive answer from Anna Soubry to Madeleine Moon: In my answer of 24 February 2014 (Official Report, column 64W) I promised to write in response to your question on the DEFENCE number of rapes, sexual assaults and sexual harassment referrals for 2012 and 2013. Aircraft Carriers All allegations of rape, sexual assault and sexual theme harassment made by members of the Armed Forces will be thoroughly Alison Seabeck: To ask the Secretary of State for investigated by either the civil or service police, depending upon Defence whether the re-baselining of the QE Class who has jurisdiction. The following tables provide details of the aircraft carrier has been completed and whether the number of allegations of rape, sexual assaults and sexual theme harassment referred by the Service Police in 2012 and 2013. programme has been re-approved. [190161] Reference to Sexual Assault covers offences under sections 2 and 3 of the Sexual Offences Act 2003 (s2 & s3 SOA 03), and sexual Mr Dunne: As announced by the Secretary of State harassment as offences with a sexual theme within section 2 of for Defence, my right hon. Friend the Member for the Protection from Harassment Act 1997 (s2 PH97).

Total Referrals made by Service Sexual Offence Police in 2012 Total Male Referrals in 2012 Total Female Referrals in 2012

Rape 27 referrals (in 22 cases) 27 0 Sexual Assault (S2 & S3 SOA 03) 50 50 0 Sexual Theme Harassment (s2 PH97) 0 0 0

Total Referrals made by Service Sexual Offence Police in 2013 Total Male Referrals in 2013 Total Female Referrals in 2013

Rape 26 referrals (in 20 cases) 26 0 Sexual Assault (s2 & s3 SOA 03) 56 55 1 Sexual Theme Harassment (s2 PH97) 3 3 0

In addition to the 26 referrals, 13 males remain under investigation offences are made to the Commanding Officer. It is then for the for Rape allegations in 2013. Commanding Officer to decide whether to refer them on to the SPA. Referrals by the Service Police for rape and section 2 sexual assault offences are made to the Service Prosecuting Authority (SPA). Referrals by the Service Police for section 3 sexual assault 31W Written Answers10 MARCH 2014 Written Answers 32W

The following tables provide details of referrals to the SPA each year in 2012 and 2013, the number directed for trial, the number not directed for trial, the number of trials held and the number of convictions.

Cases Referred in Not directed for Sexual Offence 2012 Directed for Trial Trial Trials Held to date Convictions

Rape 22 11 11 10 4

Sexual Assault (s2 & S3 SOA 03) 31 18 13 18 9 Sexual Harassment (s2 PH97) 0 0 0 0 0

Awaiting Cases Referred Directed for Not directed for Decision (at end Trials Held to Sexual offence in 2013 Trial Trial of 2013) date Convictions

Rape 20 9 4 7 1 0

Sexual Assault (s2 & S3 SOA 03) 45 23 8 14 12 7

Sexual Harassment (s2 PH97) 1101000 1 Sexual Assault and Harassment

Service Police records are based on the number of referrals, Military Aircraft whilst SPA records are based on the number of cases (each of which may comprise a number of referrals). Decisions on cases Angus Robertson: To ask the Secretary of State for are therefore best compared to the number of cases referred, Defence when his Department received copies of Martin- rather than the number of individuals referred. Baker’s Special Information Leaflets, SIL 704 and SIL The SPA often receive referrals in one year and the cases are 704A; and what steps it has taken to incorporate the directed, disposed and/or tried in the following year, so there is no direct correlation to the number of cases brought in any one year. revised checks into the appropriate maintenance publications. [190344] Mr Dunne: Special Information Leaflet (SIL) 704 Army: Recruitment was received on 15 November 2011 and SIL 704A on 18 November 2013. Corresponding Ministry of Defence Dan Jarvis: To ask the Secretary of State for Defence (MOD) Technical Instructions were issued on 16 November pursuant to the answer of 24 February 2014, Official 2011 and 5 December 2013 respectively to ejection seat Report, column 66W, on army: training, what further maintenance units. Both Technical Instructions mandated steps he is taking to improve recruiting performance; checks of the ejection seat drogue shackle that were and what targets have been set to assess results. more stringent than those laid down in the SILs. In [190853] both cases, amendment action to the appropriate MOD maintenance publications commenced soon after issue Anna Soubry: The Army assesses recruiting performance of the Technical Instruction. on a regular basis as part of normal internal business. The enlistment targets for reserve forces for the next five Angus Robertson: To ask the Secretary of State for years were set out in the paper placed in the Library of Defence if he will place in the Library a list of Martin- the House on 19 December 2013, Official Report, column Baker’s Special Information Leaflets, with contents 124WS. summary, issued between 1990 and 1996. [190345] Mr Dunne: Martin-Baker Aircraft issues Special Information Leaflets (SIL) to the Ministry of Defence Military Afloat Reach and Sustainability Programme as a contract deliverable for each aircraft type. The Department does not therefore necessarily receive a Alison Seabeck: To ask the Secretary of State for copy of every SIL issued by the company. Information Defence whether the final performance cost and time on SILs relating solely to aircraft types and equipment envelope for the Military Afloat Reach and Sustainability that are no longer in-service is not held centrally and tankers has been agreed with the Ministry of Defence could be provided only at disproportionate cost. A list Approving Authority. [190159] of those SILs that are known to have been received by the Department between 1990 and 1996, with contents Mr Dunne: The performance, cost and time envelope summaries, will be placed in the Library of the House. for the Military Afloat Reach and Sustainability Tankers NATO Response Force was approved by the Ministry of Defence’s Investment Approvals Committee (IAC) in October 2011. This Angus Robertson: To ask the Secretary of State for approval was based on indicative information and allowed Defence on how many occasions the submarine asset the competitive process to be completed. assigned to NATO’s Immediate Response Force has The final performance cost and time envelope was not been available for tasking in each of the last five confirmed by the IAC in December 2012. years. [190347] 33W Written Answers10 MARCH 2014 Written Answers 34W

Dr Murrison: I refer the hon. Member to the answer I Substantive answer from Mark Francois to Tom Watson: gave on 5 March 2014, Official Report, column 847W. I undertook to write to you in answer to your Parliamentary Question about unmanned aircraft systems on 31 October 2013 Publications (Official Report, column 549W). To answer your question, as at 31 October 2013, the number of unmanned aircraft pilots the Army has trained since 2004 is 868. Mr Kevan Jones: To ask the Secretary of State for Since 2004, pilots have operated unmanned aircraft in a variety of Defence what the total cost to his Department has been countries including, the United Kingdom, Iraq, Afghanistan, of the production, publication and distribution of (a) Jordan, Kenya, Canada and the United States of America. KiT!, (b) desider and (c) Defence Focus magazines in In researching this answer, my officials identified an error in an each year since 2010. [189283] earlier response which my predecessor (Andrew Robathan) provided you on 17 June 2013 (Official Report, column 502W). Anna Soubry: The total cost of Kit!, desider and It has been brought to my attention that while the number of Defence Focus for each financial year since 2008-10 is students who passed the UAS ground school course since April shown in the following table. The figures incorporate all 1999 was correctly identified as 461, this information did not fully production, distribution and staff costs and take into address your question. This is because the answer did not take account of those personnel who have undertaken conversion account advertising revenue received by the Ministry of training from earlier systems or refresher training. The answer Defence (MOD) that mitigates these costs; desider shows should therefore have stated that the actual number of Army a net gain to the MOD because advertising revenue personnel who have received training was 1062 not 461, although exceeds production costs. it is likely that this larger number will include a number of individuals who have been trained twice (initially and refresher) £ but these cannot be identified separately. Financial year (net cost) Kit! desider1 Defence Focus

2008-09 106,395 2-18,514 308,384 CULTURE, MEDIA AND SPORT 2009-10 106,774 -32,069 277,970 2010-11 127,474 -184,701 202,731 All Party Physical Activity Commission 2011-12 96,311 -157,686 187,024 2012-13 97,683 -66,709 194,418 2013-14 (to 101,087 -270,653 169,780 John Woodcock: To ask the Secretary of State for date) Culture, Media and Sport if she will publish her 1 All costs are VAT exclusive apart from desider advertising revenue Department’s evidence to the All Party Commission on in FYs 2009-10 and 2010-11.This can only accurately be provided on Physical Activity. [190583] a VAT inclusive basis due to late payments and changes in year to VAT. Mrs Grant: ‘Moving More, Living More’—a 2 desider was launched in May 2008. Government campaign to promote physical activity Kit! is published quarterly and provides information was launched on 13 February. A copy of this document to MOD users on equipment care, maintenance and has been sent to the All Party Commission to set out the safety. desider is the monthly corporate publication for Government’s approach to have a more active nation, Defence Equipment and Support and covers equipment as the physical activity element of the legacy to the 2012 and support activities from acquisition to disposal. Olympic and Paralympic Games. A copy of this document Defence Focus is the principal in-house MOD journal will be placed in the Libraries of both Houses. and includes a wide variety of news and features aimed at ensuring the armed forces and MOD personnel are Betting kept abreast of Defence issues. All three publications are published in print and online. Chris Ruane: To ask the Secretary of State for Culture, Media and Sport (1) what estimate her Department has Tornado Aircraft made of how much was bet per head of population in each local authority area of the UK; [190174] Angus Robertson: To ask the Secretary of State for (2) what data is available to her Department to Defence what criteria were applied when evaluating the monitor levels of betting across the UK; [190175] suitability of the automatic wing sweep for installation (3) what estimate her Department has made of the on the Tornado F3. [190343] number of betting shops per head of population in each local authority area in the UK; [190176] Mr Dunne: I will write to the hon. Member shortly. (4) what estimate her Department has made of the number of fixed odds betting machines per head of Unmanned Air Vehicles population in each local authority area of the UK; [190177] Mr Watson: To ask the Secretary of State for (5) what estimate her Department has made of the Defence how many trained and operational unmanned amount bet each week on fixed odds betting machines aerial vehicle (UAV) pilots there have been in the Army per head of population in each local authority area in since 2004; and in which countries those pilots have the UK; [190178] flown UAVs. [R] [172870] (6) what estimate her Department has made of the number of fixed odds betting machines in each of the Mr Francois: I will write to the hon. Member with the (a) 100 poorest and (b) 100 richest council wards in information requested. the UK. [190180] 35W Written Answers10 MARCH 2014 Written Answers 36W

Mrs Grant: Details of licensed gambling premises are DCMS-sponsored national museums made loans to collated by local authorities and are published on the 2,727 UK venues in 2012-13, a 78% increase in the Gambling Commission website. The Department does number of venues loaned to in 2008-09. In 2012-13, a not hold statistics capturing the amount bet per head of total of 7.3 million visits were made to DCMS-sponsored population, levels of betting or the number of Category national museums outside London (National Museums B2 gaming machines by local authority; however, according Liverpool, the Natural History Museum at Tring, the to the Gambling Commission’s national Industry Statistics, Museum of Science and Industry in Manchester, the the gross gaming yield for 2012-13 for off course betting National Railway Museum, the National Media Museum, in betting shops was £1,480.7 million, and the average the Royal Armouries in Leeds and Fort Nelson, Tate gross gaming yield for 2012-13 for each Category B2 Liverpool, Tate St Ives, IWM North and IWM Duxford). gaming machine in betting shops (including GGY generated These museums plan to host 50 special exhibitions from B3 content on B2 machines) was £1,547.12. during 2013-14. In their grant in aid settlements it is set out that Food: Advertising DCMS-sponsored national museums are expected to work in partnership with other museums in the UK and Luciana Berger: To ask the Secretary of State for the national museums have regional partnerships through Culture, Media and Sport if she will publish the dates, which they develop long-term, mutually beneficial agendas and minutes of meetings Ministers and officials programmes with non-national museums across the in her Department have had on children, child obesity UK. These will include loans, touring exhibitions, exchanges and food advertising with representatives of the (a) of expertise, education programmes, conservation and Advertising Association, (b) Direct Marketing Association community projects. and (c) Internet Advertising Bureau between January 2012 and March 2014. [190442] Music: Exports

Mr Vaizey: There have been no meetings with either Dr Thérèse Coffey: To ask the Secretary of State for the Advertising Association, the Direct Marketing Culture, Media and Sport what estimate he has made Association or the Internet Advertising Bureau in the of the contribution to exports of One Direction. period between January 2012 and March 2014 on the [189325] subject of children, child obesity or food advertising. Mr Vaizey: I want to tell the hon. Member that the Internet Government has made no estimate of the contribution to exports of One Direction. However, the BPI have Jim Shannon: To ask the Secretary of State for Culture, reported one thing: that One Direction are one of a Media and Sport what services her Department provides number of UK artists who in recent years have helped that are (a) available online only and (b) planned to to accelerate export sales of British music to over 13% move to online only. [190361] of the global market—the largest share taken apart from the US. More than this, I wish to tell the hon. Mrs Grant: The Department provides no services Member that the BPI and UK Trade and Investment which are only available online and there are no plans (UKT1) have launched the Music Export Growth Scheme, for any services to move to online only. offering £3 million in grants to small-to-medium-sized independent music companies over a three-year period Members: Correspondence to help them grow their overseas export markets, and UKTI is also holding an Export Week from 7 to 11 April 2014 and is also supporting music companies at SXSW. Mr Winnick: To ask the Secretary of State for Culture, These little things I would suggest will make a big Media and Sport when the hon. Member for Walsall difference. North will receive a reply to his letter of 23 January 2014, case reference CMS 244813. [190523] Tourism

Mrs Grant: I responded to the hon. Gentleman’s Dan Jarvis: To ask the Secretary of State for Culture, letter of 23 January on 4 March. Media and Sport what recent estimate she has made of the contribution of the tourism industry to the economy Museums and Galleries of (a) each English region, (b) Wales, (c) Scotland and (d) Northern Ireland. [190854] Hugh Bayley: To ask the Secretary of State for Culture, Media and Sport how many people visited the National Mrs Grant: Tourism is a major part of the United Railway Museum’s Mallard 75 events; how many other Kingdom economy. The latest regional-breakdown major exhibitions were staged outside London by national estimates from the Office for National Statistics (ONS), museums in 2013-14 and how many people attended published on 20 February 2014, show that in 2011 each of those exhibitions; what plans national museums tourism directly contributed a gross value-added (GVA) have to attract more visitors to exhibitions outside of around £50 billion to the UK (4% of the economy). London; and if she will make a statement. [190350] Further economic analysis by Deloitte, commissioned by Visit Britain, suggests that if indirect economic Mr Vaizey: There were 365,432 visits to the ‘Mallard effects are also included, GVA is forecast to be as high 75’ events at the National Railway Museum, York, as £127 billion (9% of the UK economy) in 2013. which took place on 3 to 17 July 2013, 26 October to Deloitte’s study covers London, the Rest of England, 11 November 2013 and 15 to 23 February 2014. Scotland, Wales and Northern Ireland while the ONS 37W Written Answers10 MARCH 2014 Written Answers 38W provides estimates for each English region as well as to Administration. Our reforms to localise council tax Scotland, Wales and Northern Ireland. A breakdown support now give councils stronger incentives to support of the figures is given in the following table: local firms, cut fraud, promote local enterprise and get people into work. We are ending the last Administration’s Deloitte figures for 2013 ’something for nothing’ culture and making work pay. ONS figures for 2011 (direct and indirect in £ Region (direct in £ billion) billion) Home Information Packs Scotland 5.0 11.6 Wales 2.3 6.9 Ian Mearns: To ask the Secretary of State for Northern 0.3 1.6 Communities and Local Government (1) what estimate Ireland his Department has made of how many people buying London 13.1 36.0 leasehold properties in (a) 2012 and (b) 2013 were Rest of England — 70.0 charged over £500 by management companies for the North East 1.1 — information they needed to complete the purchase; North West 5.1 — [190123] Yorkshire and 2.6 — the Humber (2) what estimate his Department has made of how East Midlands 2.3 — long it took people buying leasehold properties in (a) West Midlands 2.5 — 2012 and (b) 2013 to obtain from management companies East of England 3.4 — the necessary information they needed to complete the South East 6.6 — purchase. [190124] South West 4.4 — Kris Hopkins: This information is not centrally held. Homelessness COMMUNITIES AND LOCAL GOVERNMENT Mr Hepburn: To ask the Secretary of State for All Party Physical Activity Commission Communities and Local Government how much his Department has spent to prevent and tackle homelessness John Woodcock: To ask the Secretary of State for since May 2010. [187498] Communities and Local Government if he will publish his Department’s evidence to the All Party Kris Hopkins: The following table sets out the total Commission on Physical Activity. [190582] amount of Homelessness Prevention Grant funding allocated to local authorities since 2010-11. Brandon Lewis: ‘Moving More, Living More’—a Government campaign to promote physical activity Local authorities Preventing homelessness funding (£) was launched on 13 February. A copy of this document 2008-09 49,204,000 has been sent to the All Party Commission to set out the Government’s approach to have a more active nation, 2009-10 51,434,870 as the physical activity element of the legacy to the 2012 2010-11 52,257,370 Olympic and Paralympic games. A copy of this document 2011-12 81,500,000 will be placed in the Library of the House. 2012-13 81,500,000 2013-14 180,000,000 Council Tax 2014-15 180,000,008 1This is the amount identified within the Start-up Funding Assessment/ : To ask the Secretary of State for Settlement Funding Settlement for 2013-14 and 2014-15. This is Communities and Local Government what he has made partially funded through Revenue Support Grant and partially through retained business rates. The actual amount of retained business rates of the total number of people who will pay (a) increased is subject to the amount of business rates collected by each individual council tax and (b) council tax for the first time from authority. April 2014 as a result of the withdrawal of the council Since 2013-14, the Homelessness Prevention Grant tax support transitional funding that was offered in the has been rolled into the Local Government Finance 2013-14 financial year. [190573] Settlement; For the 2013-14 allocations adjustments were made to take into account new funding mechanisms Brandon Lewis: We do not collect this information for Court Desks. Where authorities had previously received centrally. These are local schemes, and it is for local Court Desk funding through a baseline uplift of the authorities to ensure that the effect on specific groups of Homelessness Prevention Grant the funding was moved council tax payers is proportionate and fair. to the Ministry of Justice. This explains the lower figure The £100 million transition grant was a voluntary since 2013-14. grant for the first year only of the new system of local On top of the baseline grant we provided an additional council tax support. We have been clear from the outset £24,660,699 in 2010-11 to help authorities meet that it was intended to give councils time to transition homelessness pressures in their area and in 2011-12 we to the new localised regime and realise greater efficiencies provided an additional £18,620,000 for authorities to such as cutting fraud and error, which cost £230 million tackle single homelessness. More recently we invested in 2012-13. an additional £1,070,000 over two years (2012-13 to Spending on council tax benefit doubled under the 2013-14) to support local authorities to deliver a ‘Gold last Government, costing taxpayers £4 billion a year— Standard’ homelessness prevention service. We provided equivalent to almost £180 a year per household. Welfare £19,000,002 in 2011-12 to help authorities prevent reform is vital to tackle the budget deficit left by the last repossessions. 39W Written Answers10 MARCH 2014 Written Answers 40W

We are also providing £42,500,000 capital funding Kris Hopkins: The requirement that letting and property under the Homelessness Change Programme over three management agents in England must be a member of years (2011-12 to 2014-15) which falls under the Affordable an approved redress scheme will apply in both the Homes programme. leasehold and the private rented sector. From 1 April 2012, affordable housing funding for London has been devolved to the Mayor of London. This includes £12,760,000 capital funding for the Local Government Finance Homelessness Change programme. We are also providing about a further £2,000,000 Mr Wallace: To ask the Secretary of State for over two years (2013-14 and 2014-15) to help local Communities and Local Government what powers he authorities tackle the use of bed and breakfast has to investigate the financial management of local accommodation to house homeless families. authorities. [190293]

Homelessness: North East Brandon Lewis: Section 10 of the Local Government Act 1999 provides the Secretary of State for Communities and Local Government, my right hon. Friend the Member Ian Mearns: To ask the Secretary of State for for Brentwood and Ongar (Mr Pickles), with the power Communities and Local Government what the cost to to request an inspection of a local authority’s compliance each council in the North East of England of meeting with its best value duties. An inspection under these their statutory homeless obligations was in (a) powers could cover financial management. In line with 2010-11, (b) 2011-12, (c) 2012-13 and (d) 2013-14. the Government’s policy of localism, the Secretary of [187876] State would only seek to use these powers if he had significant concerns about the governance or performance Kris Hopkins: I refer the hon. Member to my answer of a local authority. of 20 January 2014, Official Report, columns 56-7W. Figures for 2013-14 can be found online at: https://www.gov.uk/government/uploads/system/uploads/ Local Government: North East attachment_data/file/225875/RA_2013-14_data_by_LA_- _Nat_Stats_Release_-_31-Jul-2013.xls Mr Nicholas Brown: To ask the Secretary of State for Communities and Local Government when he plans to Housing: Greater London lay the draft Durham, Northumberland and Tyne and Wear Combined Authority Order 2014. [190089] Mr Frank Field: To ask the Secretary of State for Communities and Local Government (1) how much Brandon Lewis: The draft Durham, Gateshead, Newcastle land is available for house building within Greater Upon Tyne, North Tyneside, Northumberland, South London; [190477] Tyneside and Sunderland Combined Authority Order (2) how much brownfield land has been designated 2014 will shortly be laid before Parliament. for house building within Greater London. [190540]

Kris Hopkins: The information requested is not held Maternity Leave centrally. Local planning authorities, as part of their Local Mrs Hodgson: To ask the Secretary of State for Plan, should prepare a Strategic Housing Land Availability Communities and Local Government what proportion Assessment to assess the availability, suitability, and of civil servants in his Department who were on viability of land to meet their identified housing need. maternity leave in each of the last five years returned to work. [189057] Mr Frank Field: To ask the Secretary of State for Communities and Local Government what the average Brandon Lewis: The proportion of civil servants that density of homes per hectare is for new build developments returned to work in the Department following maternity within Greater London in the latest period for which leave in each of the last five years is shown in the data are available. [190508] following table.

Kris Hopkins: Local authority figures, including for Maternity leave year Proportion of staff returned (%) each London borough, can be found in Table P232 at: 2009 97.0 https://www.gov.uk/government/uploads/system/uploads/ 2010 90.0 attachment_data/file/267565/201312_-_Tables_P231-P232_- 2011 94.8 _LUCS_-_Density_of_new_dwellings.xls 2012 96.0 2013 100.0 Leasehold: Complaints The proportion of returners for 2010 and 2011 maternity Ian Mearns: To ask the Secretary of State for leave years was lower owing to the fact that there were Communities and Local Government if he will extend more opportunities for staff to leave on a voluntary the Redress scheme to include management agencies basis in these years under the Department’s broader for leasehold properties. [190125] restructuring programme. 41W Written Answers10 MARCH 2014 Written Answers 42W

To place these figures in context, I would note that INTERNATIONAL DEVELOPMENT the 2012 XpertHR maternity leave survey of private and sector organisations, found that: 58% of organisations had between 90% and 100% of women Developing Countries: Abortion return after maternity leave, 36% of organisations had return rates higher than 50% but less Mark Durkan: To ask the Secretary of State for than 90%, and International Development with reference to her 6% of organisations had return rates of less than 50%. Department’s policy document entitled, Safe and Unsafe Abortion, how much her Department spent on Planning Permission (a) legal and policy reform campaigns to liberalise abortion law and policy in other countries and (b) Mr Laurence Robertson: To ask the Secretary of raising awareness among policy-makers, legislators, State for Communities and Local Government when he national health authorities and health personnel in expects to make an announcement on changes to other countries of the circumstances under which permitted development rights; and if he will make a abortion may be allowed by (i) country, (ii) region and statement. [190683] (iii) nature of recipient in each of the last five years for which figures are available. [190385] Nick Boles: I refer my hon. Friend to the written ministerial statement on local planning made on 6 Lynne Featherstone: The UK Government supports March 2014, Official Report, column 49-51WS. We the prevention of unsafe abortion as part of broader intend to bring forward regulations shortly to implement public health efforts to improve sexual and reproductive changes to permitted development for greater flexibilities health and reduce the number of women who would for change of use. otherwise die or be injured. Data on spend for individual components of sexual and reproductive health and rights are not compiled. Property: Floods

Chris Ruane: To ask the Secretary of State for Developing Countries: Family Planning Communities and Local Government if he will make flood risk part of the mandatory search requirements Mark Durkan: To ask the Secretary of State for for property purchase. [186888] International Development what arrangements her Department has in place to assess the value-for-money Kris Hopkins: The Law Society, which provides guidance of its funding for (a) Programme Partnership to solicitors on this topic, has been consulting on proposals Arrangements Marie Stopes International, (b) the that flood risk will become a mandatory part of solicitors’ International Planned Parenthood Federation and (c) searches before final purchase. The consultation can be the United Nations Population Fund; whether those found at: arrangements include the collection of data on the http://www.lawsociety.org.uk/representation/policy- number of abortions provided by these organisations; discussion/enquiries-of-local-authorities-con29-and-con29o- and if she will make a statement. [190303] consultation/ The Law Society also published a practice note on Lynne Featherstone: DFID makes an annual assessment flood risk in May 2013. This can be found online at: of the extent to which the UK Government is achieving http://www.lawsociety.org.uk/advice/practice-notes/flood-risk/ value for money from its Programme Partnership Moreover, the Department for Environment, Food Arrangement (PPA) funding to Marie Stopes International and Rural Affairs and the Environment Agency are (MSI) and the International Planned Parenthood working to ensure flood risk data are readily available, Federation (IPPF). Similar arrangements apply to the including to prospective home-buyers. funding provided to the United Nations Population Fund (UNFPA). Returning Officers DFID does not collect the data requested on abortions. However, during the period 2012-13 PPA funding to Helen Jones: To ask the Secretary of State for IPPF and MSI is estimated to have prevented 715,929 Communities and Local Government how much was unsafe abortions. paid to returning officers in England for running (a) council by-elections and (b) parish council by-elections in each of the last five years for which figures are Developing Countries: Females available. [190520] Nicola Blackwood: To ask the Secretary of State for Brandon Lewis: The running of local elections, including International Development how her Department plans by-elections, is one of the services covered by the Local to develop, implement and monitor the Strategic Priority Government Finance Settlement and there is no separately on Violence against Womenand Girls in its next operational ring-fenced funding for this. The Government does not plan in 2015. [190766] collect information on payments to returning officers. To the extent that the payments are fees for the chief Lynne Featherstone: I refer the hon. Member to the officer concerned, the council’s annual pay policy statement reply given to her on 5 March 2014, Official Report, will set out their policy on paying such fees. column 887W. 43W Written Answers10 MARCH 2014 Written Answers 44W

Developing Countries: Water Mozambique

Naomi Long: To ask the Secretary of State for Mr Gregory Campbell: To ask the Secretary of State International Development what steps her Department for International Development if she will discuss steps is taking to promote World Water Day; and if she will to mitigate the risk of widespread famine in prioritise financial support for water sanitation and Mozambique with the Government of that country. waste water treatment up to 2015. [190402] [190705]

Lynne Featherstone: For World Water Day, DFID Lynne Featherstone: The Mozambican Government will be running an event in our UK offices involving and UN have confirmed that there has been misreporting DFID’s chief economist and external speakers. This in the Mozambican press in recent days about widespread event will generate increased awareness and highlight famine in that country.However, many poor Mozambicans opportunities to support water security for poor people. still do not have reliable access to the healthy food that We will also be hosting an event for DFID staff and they need. DFID in Mozambique is implementing a members of the UK Water Network on sustainability range of initiatives to tackle food insecurity. of WASH services and making effective use of new technologies to support monitoring and maintenance Overseas Aid of water supplies. The UK Government has committed to support 60 Mr : To ask the Secretary of State for million people gain access to sustainable water and International Development what steps her Department sanitation by the end of 2015. We are on-track to meet has taken to assess the human rights records of states this target and have provided the financial and human in receipt of direct development aid from the UK. resources required to achieve this target. [190468] Egypt Justine Greening: The UK Government monitors human rights overseas very closely and our assessment Mr Hollobone: To ask the Secretary of State for is published annually in the Foreign Office’s Human International Development whether the Minister of Rights and Democracy report. Any budget support to State in her Department discussed the flow of humanitarian partner governments is only provided after we have aid and the normalisation of trade across borders between assessed their respect for human rights through our Sinai and the Gaza Strip on her recent visit to representatives Partnership Principles. of the Egyptian Government in Cairo. [190746] Stephen Doughty: To ask the Secretary of State for Mr Duncan: No DFID Ministers have visited Egypt International Development how much UK official recently. development assistance has been allocated to non- departmental spending in (a) 2012, (b) 2013 and (c) Equality 2014. [190772] Mr Duncan: In 2012 non-departmental Official Mr Raab: To ask the Secretary of State for Development Assistance (ODA) expenditure was £215 International Development pursuant to the answer of million. 24 February 2014, Official Report, column 108W, on equality, what the equivalent figures were for financial Provisional information for 2013 non-departmental year 2013-14. [190598] ODA will be available in April 2014 in DFID’s National Statistics publication “Provisional ODA as a proportion Mr Duncan: During the period April to September of GNI”. Provisional information for 2014 non- 2013 DFID spent a total of £26,500 on the promotion departmental ODA will be available in April 2015. of equality and diversity. This included the costs of one Philippines staff member directly responsible for this work. Since October 2013 DFID no longer has specific Mr Jim Murphy: To ask the Secretary of State for roles responsible for diversity and equality. The delivery International Development what steps her Department of equality and diversity is now a responsibility of has taken to evaluate the UK’s role in the relief effort general HR staff. in the Philippines following Typhoon Haiyan. [190469] Internet Justine Greening: All DFID programmes include monitoring arrangements to continually assess effectiveness Jim Shannon: To ask the Secretary of State for and impact and to ensure UK aid is getting to those International Development what services her Department most in need of assistance. Recipient organisations are provides that are (a) available online only and (b) closely monitored and are required to report regularly planned to move to online only. [190367] to DFID. Mr Duncan: DFID currently provides a dedicated Staff on-line supplier portal that holds suppliers’ registration details when they wish to participate in DFID tendering Mr Jim Murphy: To ask the Secretary of State for competitions. International Development how many full-time officials DFID has no plans to create or move any other in her Department have responsibility for issues related services to a dedicated online facility. to women and girls. [190467] 45W Written Answers10 MARCH 2014 Written Answers 46W

Justine Greening: Gender equality is a top DFID senior members of the Burmese Government and called priority and is mainstreamed across the whole Department. for religious tolerance and dialogue in my speech at the British Council in Rangoon. Mr Jim Murphy: To ask the Secretary of State for Christians comprise a small minority of the Rohingya International Development how many full-time members population. We have consistently called the Burmese of staff in her Department have responsibility for her Government to provide security and resolve the citizenship Department’s role in the post millennium development issues of the Rohingya community as a whole. goals framework. [190733] Our ambassador and embassy officials meet regularly with representatives of all faith communities, both in Justine Greening: The post-2015 development framework Rangoon and in the wider country. The UK is also is a top DFID priority and is mainstreamed across the supporting interfaith dialogue to help build trust between whole Department. communities—for example through a project promoting peace building among youths from different faith groups. UN Commission on the Status of Women Falkland Islands Caroline Lucas: To ask the Secretary of State for International Development what the Government’s Thomas Docherty: To ask the Secretary of State for objectives are for the UN Commission on the Status of Foreign and Commonwealth Affairs what guidance he Women; and if she will make it her policy to (a) has issued to Government Departments and Agencies prioritise women’s social and political participation in on when it is appropriate to refer to the Falkland fragile states and (b) support a gender goal in the Islands as Falkland Islands (Malvinas) or Malvinas post-2015 framework with special reference to fragile when answering parliamentary questions. [190557] states and conflict-affected areas. [190070] Mr Swire: There is no ambiguity on this point. All Lynne Featherstone: Our objective at the 58th session Government Departments and Agencies should refer to of the United Nations Commission on the Status of the Islands by their correct name, which is the Falkland Women is to secure agreed conclusions that reflect Islands. lessons learnt from the millennium development goals and support the UK’s call for a standalone goal on Hezbollah gender equality as well as ensuring that this issue is addressed throughout the post 2015 framework. Women’s Nick de Bois: To ask the Secretary of State for social and political participation in fragile states remains Foreign and Commonwealth Affairs what reports he a priority for the UK Government. has received of involvement by Hezbollah’s political wing in terrorist activities. [190514]

Hugh Robertson: The Foreign and Commonwealth FOREIGN AND COMMONWEALTH OFFICE Office has not received any reports of involvement by Hizballah’s political wing in terrorism. Afghanistan Nick de Bois: To ask the Secretary of State for Mr Gregory Campbell: To ask the Secretary of State Foreign and Commonwealth Affairs what recent assessment for Foreign and Commonwealth Affairs what formal he has made of Hezbollah’s military presence in Syria. response he has made to President Karzai’s view that [190515] Al Qaeda is more a myth than a reality. [190706] Hugh Robertson: We condemn Hizballah’s ongoing Hugh Robertson: We have made no formal response military support for the brutal Assad regime in Syria to President Karzai’s comments regarding Al Qaeda. and its recent involvement in the fighting around Yabroud. Al Qaeda continues to remain a threat. We are in We have consistently called for Iran, Hizballah and all Afghanistan to protect our national security by helping other foreign fighters and forces to withdraw from Afghans to take control of their own and to make sure Syria. Afghanistan does not again become a safe haven for We are very concerned by the impact of the Syrian international terrorists. Since our presence in Afghanistan, crisis on Lebanon. We urge all parties in Lebanon to the terrorist threat to the UK from this region has been abide by Lebanon’s policy of neutrality with respect to substantially reduced. the Syrian crisis. Lebanon’s hard-won peace must not become another victim of Assad’s determination to Burma hang on to power at any cost.

Jim Shannon: To ask the Secretary of State for Foreign Mr Hollobone: To ask the Secretary of State for and Commonwealth Affairs what recent discussions he Foreign and Commonwealth Affairs what assessment has had with his Burmese counterpart on the persecution he has made of Iran’s relationship with Hezbollah. of the Christians within the Rohingya and Kachin [190527] ethnic tribes. [190607] Hugh Robertson: We continue to have serious concerns Mr Swire: During my recent visit to Burma, I met the about Iran’s support for the military wing of Hezbollah. Kachin Baptist Convention, the largest religious This support includes the provision of significant financial organisation in Kachin State, and discussed a wide resources, training and weapons, in contravention of range of issues. I raised our human rights concerns with UN Security Council Resolution 1747. 47W Written Answers10 MARCH 2014 Written Answers 48W

Mr Hollobone: To ask the Secretary of State for Hugh Robertson: We are concerned by reports of a Foreign and Commonwealth Affairs what reports he possible $195 million purchase of arms by Iraq from has received of recent weapons transfers to Hezbollah Iran, and have raised the issue with the Government of from Syria. [190528] Iraq. Importing arms from Iran would be in direct breach of UN Security Council resolution 1747. Hugh Robertson: We remain concerned by reports of continuing weapons transfers to Hezbollah. Any such North Korea transfers are in violation of Security Council resolution 1701 and pose a threat to Lebanese and regional stability. Mr Jim Cunningham: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he has taken to address the persecution of Christians in Indonesia North Korea. [190865]

Mr Clappison: To ask the Secretary of State for Mr Swire: Ministers take every opportunity to raise Foreign and Commonwealth Affairs with reference to our significant concerns about the appalling human the publication by Christian Solidarity Worldwide, rights violations by the Democratic Peoples Republic of Indonesia: Pluralism in peril, what assessment he has Korea (DPRK)—violations, which the recent UN made of the conclusions of that report; what representations Commission of Inquiry report highlighted, including he has made to the Indonesian government about tolerance severe punishments for practising Christianity. I welcomed for religious communities including Christians; and if the report and I urged the DPRK authorities to respond he will make a statement. [190568] to its contents. The UK is actively supporting a strong UN Human Rights Council resolution on the DPRK. I Mr Swire: We welcome the recent Christian Solidarity was in Geneva on 3 March, working to deliver a resolution Worldwide (CSW) report. The promotion and protection which makes clear that there can be no impunity for of the right to freedom of religion is a priority for this human rights violators. Government and one on which we regularly engage with international partners. We recognise many of the Mr Jim Cunningham: To ask the Secretary of State concerns raised and discussed the report’s findings with for Foreign and Commonwealth Affairs what recent representatives from CSW and visiting Indonesian religious representations he has received regarding the persecution leaders at the Foreign and Commonwealth Office on 27 of Christians in North Korea. [190866] February. Indonesia has a strong tradition of religious diversity Mr Swire: On 23 January I met the All Party and tolerance but there has been a rise in recent years of Parliamentary Group on North Korea, along with fellow localised instances of inter- and intra-religious conflict parliamentarians and non-governmental organisations and examples where the rights of religious minority (NGOs) including Christian Solidarity Worldwide. We groups, including Christians, have not been protected. discussed UK policy towards the DPRK and explored The central Government and law enforcement have not how we could use the Commission of Inquiry report to always responded as firmly as expected and, at times, maintain pressure on the DPRK to address its human have been overruled at the local level. We remain concerned rights record, not least with regard to the persecution of that some local bylaws abrogate the rights of women Christians. I also receive regular letters from MPs and and religious minority groups. members of the public on this topic. I will keep the AH We continue to closely monitor the situation and to Party Parliamentary Group on North Korea and interested engage at senior levels with the Government of Indonesia Members of Parliament updated on this issue. about our concerns. Our ambassador in Jakarta has discussed these issues with the Minister of Religious Mr Jim Cunningham: To ask the Secretary of State Affairs, Indonesian civil society and religious leaders. for Foreign and Commonwealth Affairs if he will We have worked with local partners in Indonesia on discuss with his counterparts in other countries engagement with religious leaders and police to improve potential steps that could be taken to stop persecution rights of freedom of religion or belief. We also raise of Christians in North Korea. [190867] freedom of religion or belief concerns at the annual EU-Indonesia Human Rights Dialogue. Mr Swire: In Geneva on 3 March, I discussed with Furthermore, during the UN General Assembly week several of our international partners how the UN Human in September, Senior Minister of State, my noble Friend Rights Council could address the range of shocking Baroness Warsi, brought together Ministers and senior human right violations in the DPRK, not least the officials, including the Foreign Minister of Indonesia, persecution of Christians. Negotiations on the resolution to discuss what more politicians could do to promote are ongoing. We still continue to make every effort to freedom of religion and fight religious intolerance within ensure that it sends a clear message on the need for our societies. accountability for human rights violators.

Russia Iran: Iraq Tom Blenkinsop: To ask the Secretary of State for Guto Bebb: To ask the Secretary of State for Foreign Foreign and Commonwealth Affairs what guidance his and Commonwealth Affairs what recent reports he has Department has issued to Paralympians attending the received of arms sales from Iran to Iraq. [190445] Sochi Paralympics. [190518] 49W Written Answers10 MARCH 2014 Written Answers 50W

Mr Lidington: Foreign and Commonwealth Office Ukraine (FCO) officials are in close contact with the British Paralympic Association (BPA). FCO officials met BPA Miss McIntosh: To ask the Secretary of State for representatives on 15 January, 17 February and 27 February Foreign and Commonwealth Affairs what recent to provide them with advice ahead of their travel to assessment he has made of the political situation in the Sochi. We stand ready to offer further assistance if Ukraine; and if he will make a statement. [190166] necessary. The Prime Minister made clear in his statement of 2 March that, although Ministers will not now be Mr Lidington: I refer my hon. Friend to the statement attending the Paralympics in light of Russia’s actions in made by the Secretary of State for Foreign and Ukraine, he fully supports the participation in the games Commonwealth Affairs, my right hon. Friend the Member of UK athletes. for Richmond (Yorks) (Mr Hague) to the House on 4 March 2014, Official Report, columns 755-780, about Mr Chope: To ask the Secretary of State for Foreign the UK Government’s position on the current situation and Commonwealth Affairs if he will make it the in Ukraine. The Prime Minister also answered questions policy of the Government that the Russian Federation on Ukraine in the House on 5 March 2014, Official be suspended from the Council of Europe until it Report, columns 881-883. complies with its obligations under the 1949 Statute. [190785] Paul Flynn: To ask the Secretary of State for Foreign and Commonwealth Affairs what progress has been Mr Lidington: We have had no discussion with our made since the NATO Bucharest summit in April 2008 Council of Europe counterparts on the Russian Federation’s in inviting Ukraine to join NATO; and whether this Membership at this point. issue is on the agenda for the NATO summit in Newport in 2014. [190407] The UK utterly condemns Russia’s illegal violation of the sovereignty and territorial integrity of the Ukraine Mr Lidington: Since the 2008 Bucharest summit and we continue to use every opportunity, including communiqué, NATO has continued its engagement with through the Council of Europe, to make sure that the Ukraine through a wide range of initiatives. The most Governments of Russia and Ukraine are talking to significant of these were the 1997 Charter on a Distinctive each other. These talks are crucial to resolving the Partnership, the NATO-Ukraine Commission (NUC) situation. and the Annual National Plan, which was established At the European Council meeting on 6 March the following the 2008 Bucharest summit specifically to Prime Minister made it very clear that it cannot be support Ukraine’s reform efforts. These initiatives continue business as usual with Russia. European leaders have to operate into the present. However, in February 2010 agreed to suspend negotiations on a more liberal visa President Yankovych announced that Ukraine would regime for Russians, to stop work on a comprehensive not pursue NATO membership, favouring ’non-bloc’ new agreement on relations between Russia and the EU, status instead. and to pull out of all preparations for the G8 .summit in Sochi in June. Daniel Kawczynski: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent The UK is considering what further measures we discussions he has had with his Russian counterpart on might take to increase diplomatic pressure on Russia if the Russian Government’s perceptions of events in it does not de-escalate the current unacceptable situation. Ukraine; and if he will place in the Library a copy of any written communication he has had on this matter South Sudan with Mr Lavrov. [190444]

Andrew Selous: To ask the Secretary of State for Mr Lidington: The Secretary of State for Foreign and Foreign and Commonwealth Affairs what steps he is Commonwealth Affairs, my right hon. Friend the Member taking to ensure that there is no impunity for people for Richmond (Yorks) (Mr Hague), met Russian Foreign responsible for crimes against humanity being committed Minister Lavrov on 5 March at a ministerial meeting in Paris, at which the Foreign Secretary reiterated his call in the conflict in South Sudan. [190858] for de-escalation of the situation in Crimea and respect for the sovereignty and independence of Ukraine. He Mark Simmonds: We are deeply concerned by continuing also urged Russia to meet its international commitments reports of human rights violations and abuses in South and to talk directly to the Ukrainian Government, Sudan, which the recent UN interim report suggests are through ministerial and military channels. being committed by all sides. Prior to this, the Foreign Secretary spoke to Mr Lavrov We welcome the African Union’s announcement to on 1 March, when the Russian ambassador was also establish the Commission of Inquiry, which should summoned to the Foreign Office. ensure that all human rights allegations are investigated The Foreign Secretary has not communicated with and perpetrators are held accountable. We are urging Mr Lavrov in writing since the situation in Crimea the Commission of Inquiry to act quickly and deploy began. an investigation team to collect all the necessary information. Thorough investigations and genuine accountability will Mr Crausby: To ask the Secretary of State for Foreign be a crucial factor in the national reconciliation process. and Commonwealth Affairs how many requests for When I met the South Sudanese Foreign Minister in consular assistance relating to crime have been made by February 2014, I was clear that there must be no impunity UK citizens at the UK embassy in Kiev since November for those who have committed human rights abuses. 2013. [190474] 51W Written Answers10 MARCH 2014 Written Answers 52W

Mr Lidington: Since November 2013, British embassy Greg Clark: The amounts recoverable by returning officials in Kiev have received no requests for consular officers in respect of services rendered at different national assistance from British nationals relating to crime. polls vary and have been set out in successive orders. It We regularly review and update our travel advice, is the size of the electorate which determines the maximum which includes a section on crime, on the www.gov.uk amounts that returning officers can claim. website. Returning officers are generally entitled to a sum of £475 for every 10,000 electors in their area on a pro rata Mr Crausby: To ask the Secretary of State for Foreign basis with a minimum of £2,500. This rate has remained and Commonwealth Affairs what steps he is taking to unchanged since 2009. ensure the safety of British citizens in Ukraine. [190475] Any returning officers acting in an additional capacity, such as Regional returning officers at European Mr Lidington: The Foreign and Commonwealth Office parliamentary elections or police area returning officers (FCO) is regularly reviewing and updating its travel at police and crime commissioner elections, are entitled advice for Ukraine. At present, the FCO advises against to recover an additional flat rate amount for their all travel to Crimea and that all British nationals currently services in co-ordinating the election over a number of in Crimea should leave immediately. The FCO is unable local authorities. to provide consular services to any British nationals Returning officers are not required to claim the full choosing to remain in Crimea. Given the fast moving amount. They can choose not to claim or to claim only events in Ukraine, we advise British nationals to sign up part of the amount available. They can also choose to to travel advice alerts to ensure they receive any new re-distribute some or all of the amount among any information as soon as it is published. deputies and other staff to whom they delegate their duties.

Chris Ruane: To ask the Deputy Prime Minister how DEPUTY PRIME MINISTER much the 10 most highly-paid returning officers in the UK are paid. [190165] Electoral Register Greg Clark: The amounts recoverable by returning Chris Ruane: To ask the Deputy Prime Minister if he officers in respect of services rendered at different national will introduce the Northern Ireland school registration polls vary and have been set out in successive orders. It programme to increase voter registration on the UK is the size of the electorate which determines the maximum mainland. [189403] amounts that returning officers can claim. Any returning officers acting in an additional capacity, Greg Clark: The Government is implementing a schools such as regional returning officers at European registration approach informed by the Northern Ireland parliamentary elections or police area returning officers Schools initiative. at police and crime commissioner elections, are entitled £4.2 million funding has been made available to all to recover an additional flat rate amount for their 363 local authorities and valuation joint boards in services in co-ordinating the election over a number of Great Britain. Electoral registration officers have been local authorities. encouraged to use this funding to support the delivery Returning officers are not required to claim the full of Rock Enrol! in their area, a learning resource which amount. They can choose not to claim or to claim only not only provides an opportunity for young people to part of the amount available. They can also choose to register to vote, but enables them to discuss the importance re-distribute some or all of the amount among any of doing so. deputies and other staff to whom they delegate their duties. Political Parties The following table sets out the 10 highest maximum recoverable amounts for services rendered available to Hilary Benn: To ask the Deputy Prime Minister what returning officers at the 2014 European parliamentary requirements there are for a political party operating in elections. Regional returning officers will be entitled to another country which has a branch in the UK to claim an additional £12,000. register with the Electoral Commission. [190541] Local authority Region RO fee (£) Greg Clark: Political parties are regulated by the Political Parties, Elections and Referendums Act (PPERA) 1 Birmingham West Midlands 39,564 2000. Under its provisions, parties that wish to field 2 Leeds Yorkshire and 29,406 Humberside candidates at elections and have their name appear on 3 Glasgow City Scotland 22,300 the ballot paper must be registered with the Electoral 4 Sheffield Yorkshire and 20,900 Commission (section 22). There are separate registers Humberside for Great Britain and Northern Ireland. 5 Cornwall South West 20,190 6 Manchester North West 19,711 Returning Officers 7 County of Durham North East 19,455 8 Bradford Yorkshire and 18,270 Humberside Chris Ruane: To ask the Deputy Prime Minister (a) 9 Liverpool North West 16,918 how and (b) by whom pay levels for returning officers 10 City of Bristol South West 16,914 are set. [190156] 53W Written Answers10 MARCH 2014 Written Answers 54W

It is up local authorities to determine whether or not (4) what discussions his Department has had with returning officers are entitled to recover an amount in internet service providers on removing fake or respect of services rendered at local polls. misleading websites for government services. [190164]

Voting Behaviour Mr Hurd: I refer my hon. Friend to the answer given by the Minister for the Cabinet Office and Paymaster Chris Ruane: To ask the Deputy Prime Minister what General, my right hon. Friend the Member for assessment he has made of the potential benefits of (Mr Maude), on 28 February 2014, Official Report, bringing forward legislative proposals to make voting column 586W, to the hon. Member for Bradford West compulsory as a means of increasing voter turnout and (George Galloway). engagement. [190095] Government Digital Service now works cross-government to track the activity of misleading websites or phishing Greg Clark: The Government has made no such attempts. assessment. We share this information with Google so that it can identify and take action against websites that add little or no value to existing online Government services. Google will continue to support us by removing those CABINET OFFICE misleading adverts and by closing the accounts of repeat offenders. We are also engaging with other search engine Electoral Register providers. We will increasingly be working with BIS, the National Chris Ruane: To ask the Minister for the Cabinet Trading Standards Board (NTSB) and key trading Office how many people in each constituency were on standards bodies to ensure enforcement action is taken the electoral register in (a) 2013 and (b) 2014. [190819] where appropriate.

Mr Hurd: The information requested falls within the responsibility of the UK Statistics Authority. I have Fraud, Error and Debt Taskforce asked the authority to reply. Letter from Caron Walker: Chi Onwurah: To ask the Minister for the Cabinet In the absence of the Director General for the Office for National Office if he will publish on his Department’s website Statistics, I have been asked to reply to your Parliamentary the minutes of the Fraud Error and Debt Taskforce Question to ask the Minister for the Cabinet Office how many from June 2013. [190570] people in each constituency were on the electoral register in (a) 2013 and (b) 2014 (190819). Mr Maude: The meeting originally scheduled for The Office for National Statistics produces electoral statistics June 2013 was postponed. using data collected each year for the published annual register. These statistics record the number of people on the electoral register in each constituency who are eligible to vote in Westminster parliamentary elections. Government Departments: Procurement Electoral statistics based on the annual electoral register for December 2012 (in use during 2013) were published on 28 February Mr Burley: To ask the Minister for the Cabinet Office 2013 and are available on the ONS website at: how many firms in (a) Cannock Chase constituency http://www.ons.gov.uk/ons/rel/pop-estimate/electoral- and (b) Staffordshire have been awarded Government statistics-for-uk/2012/index.html procurement contracts in the last four years. [190085] Publication of the latest electoral register (in use during 2014) has been delayed as a result of the transition to individual electoral registration (IER) that is taking place in 2014. Electoral Mr Hurd: I refer my hon. Friend to the answer I gave statistics based on this register are provisionally due to be published on 16 December 2013, Official Report, column 453W,to in May 2014. the hon. Member for Livingston (Graeme Morrice).

Electronic Government High Speed 2 Railway Line Richard Graham: To ask the Minister for the Cabinet Office (1) how many people have reported phishing Mrs Gillan: To ask the Minister for the Cabinet emails purporting to be from a Government department Office if his Department will commission a new report in each year of the last five years; how many such on High Speed 2 from the Major Projects Authority people have been so defrauded; and how many times and publish it in full before the Second Reading of the action has successfully been taken against the sender of High Speed Rail (London - West Midlands) Bill. such emails; [190162] [190786] (2) what steps his Department is taking to identify and remove misleading or fake websites for government Mr Maude: All projects in the Government’s Major services; [190298] Project Portfolio are reviewed at set points in their (3) what action his Department is taking against lifecycle. companies or individuals who set up and profit from An update on all major projects—including High fake and or misleading websites for government Speed Two—will be published in the second annual services; [190299] report of the Major Projects Authority. 55W Written Answers10 MARCH 2014 Written Answers 56W

Internet Norman Baker: This coalition Government has already given powers to the police and local authorities to Jim Shannon: To ask the Minister for the Cabinet tackle alcohol-related crime and disorder. It has overhauled Office what services his Department provides that are the Licensing Act 2013, giving local areas stronger (a) available online only and (b) planned to move to powers to deal with problem premises. The Anti-Social online only. [190359] Behaviour, Crime and Policing Bill will provide frontline professionals with powerful new tools to tackle alcohol Mr Hurd: The Government Digital Service is working related antisocial behaviour. We are also banning the with other Government Departments and agencies across worst cases of cheap and harmful alcohol sales. the country, making 25 of the most significant Government Crime Reduction: Private Sector Involvement services digital by default. The 25 services being transformed can be found at: https://www.gov.uk/transformation 16. Margot James: To ask the Secretary of State for the Home Department what steps her Department is A list of all transactions can be found on the Transactions taking to involve the private sector in crime reduction Explorer at: and prevention. [902918] https://www.gov.uk/performance We recognise that not all users are online, so assisted Karen Bradley: The private sector has a key role to digital support will be available to those users that need play in crime reduction and prevention. We work closely it. with business and industry on a wide range of issues, from tackling cyber crime, to reducing metal theft, to Married People encouraging more responsible drinking. The private sector is well represented on Home Office advisory groups, and we have a team to lead our engagement Andrew Griffiths: To ask the Minister for the Cabinet with the security industry and help promote UK industry Office how many and what proportion of people who abroad. were (a) white, (b) white British, (c) Irish, (d) travellers of Irish heritage, (e) Gypsy or Roma, (f) any other Crime Statistics white background, (g) white and black Caribbean, (h) black Caribbean, (i) white and black African, (j) white and Asian, (k) any other mixed background, (l) Asian, 20. Nick Smith: To ask the Secretary of State for the (m) Pakistani, (n) Bangladeshi, (o) any other Asian Home Department what assessment she has made of background, (p) black, (q) any other black background, the reliability of crime statistics. [902922] (r) Chinese and (s) any other ethnic group were married Norman Baker: Police recorded crime figures and the in each year since 1996. [190729] independent Crime Survey for England and Wales both show that crime has fallen by more than 10% under this Mr Hurd: The information requested falls within the Government. The coalition Government has made clear responsibility of the UK Statistics Authority. I have that crime statistics must be robust, and Her Majesty’s asked the authority to reply. Inspectorate of Constabulary is carrying out an audit Letter from Caron Walker: of the quality of crime recording in every police force. In the absence of the Director General for the Office for National Statistics, I have been asked to reply to your Parliamentary Violent Crime Question to ask the Minister for the Cabinet Office how many and what proportion of people who were (a) white, (b) white British, (c) Irish, (d) travellers of Irish heritage, (e) Gypsy or Mr Hepburn: To ask the Secretary of State for the Roma, (f) any other white background, (g) white and black Home Department what steps she is taking to prevent Caribbean, (h) black Caribbean, (i) white and black African, (j) violent crime. [902926] white and Asian, (k) any other mixed background, (I) Asian, (m) Pakistani, (n) Bangladeshi, (o) any other Asian background, (p) Norman Baker: The coalition Government is taking black, (q) any other black background, (r) Chinese and (s) any decisive action to prevent violence, including violence other ethnic group were married in each year since 1996. [190729] against women, children and vulnerable people, sexual Marriage statistics for England and Wales are based on the violence and gang and youth violence. As well as preventing details collected when marriages are solemnised from information violence happening in the first place, we are making recorded in the marriage register. The marriage register does not contain information on ethnicity, nationality or country of birth. sure that victims are supported and perpetrators brought Information on nationality is collected by Registrars on marriage to justice. notice forms but ONS does not have access to this data. Consequently it is not possible for ONS to provide the figures requested. Asylum

Mr Nicholas Brown: To ask the Secretary of State for the Home Department what non-statutory discretionary HOME DEPARTMENT powers she has relating to accepting (a) wider family members and (b) siblings under family reunion applications by refugees and asylum seekers in the UK. [190099] Alcohol James Brokenshire: The Secretary of State may use 15. Jesse Norman: To ask the Secretary of State for her discretion to grant leave outside the rules in certain the Home Department what steps she is taking to exceptional circumstances. However, the Immigration reduce crime and disorder caused by alcohol. [902917] Rules provide ample opportunity for the family members 57W Written Answers10 MARCH 2014 Written Answers 58W of refugees or persons granted humanitarian protection The information requested falls within the responsibility to join them in the UK, which fully meets our international of the UK Statistics Authority. I have asked the authority obligations. to reply. The criteria for refugee family reunion applications Letter from Caron Walker, dated March 2014: are set out in part 11 of the Immigration Rules and In the absence of the Director General for the Office for allow pre-existing family members (spouse, civil partner National Statistics (ONS), I have been asked to respond to your or unmarried/same-sex partner, plus any children under Parliamentary Question to ask the Secretary of State for the 18 who formed part of the family unit before the Home Department, what estimate she has made of the number of sponsor fled to seek asylum) to apply to be reunited EU migrants who have arrived in the UK for work since 1 with or to have their leave brought in line with a January 2014. [190497] recognised refugee or of a person granted humanitarian ONS does not have any estimates on the number of EU protection in the UK. citizens who have arrived in the UK for work since 1 January 2014. There are also provisions in Appendix FM of the Long-term immigration estimates for the number of EU migrants Immigration Rules to grant entry clearance to the post-flight who have arrived in the UK for work are derived from the partner and children under the age of 18 of a person International Passenger Survey (IPS). The latest estimates are for granted refugee or humanitarian protection in the UK. the year ending September 2013 and show that an estimated Furthermore, there are provisions in Appendix FM 129,000 EU citizens (excluding British) arrived in the UK for work-related reasons, with a margin of error of +/-18,000. The of the Immigration Rules to grant entry clearance to margin of error refers to the 95 per cent confidence interval and is adult dependent relatives (parent, grandparent, child or a measure of the uncertainty associated with making inferences sibling who must be over the age of 18) of a refugee or from a sample survey. person with humanitarian protection in the UK. Long-term immigration estimates from the IPS for the number Children under the age of 18, who have a close of EU citizens who have arrived in the UK for work for the year relative in the UK (who is not the child’s parent) and ending March 2014 will be published on 28 August 2014. that family member has been recognised as a refugee or There are other official data sources which provide information granted humanitarian protection in the UK, may also on employment of overseas nationals in the UK: apply to join that family member under Part 8 of the Estimates of employment levels by country of birth and nationality Immigration Rules. In such cases serious and compelling from the Labour Force Survey for January to March 2014 will be family or other considerations as well as other criteria published on 14 May 2014. These estimates provide information must exist. on the total number of EU nationals employed in the UK. Data from the Department for Work and Pensions (DWP) on Asylum seekers may not sponsor a family member to allocations of National Insurance Numbers (NINos) to adult enter the UK until they have been granted refugee or overseas nationals for January to March 2014 will be published humanitarian protection status in the UK. on 22 May 2014. The number of EU nationals allocated a NINo over a given period is not equivalent to the number of EU Drug Seizures: Barrow in Furness nationals arriving in the UK for work as there may be a lag between the migration event and registering for a NINo. Additionally, John Woodcock: To ask the Secretary of State for the some EU nationals arriving for work in the UK may already hold Home Department what the total value was of illegal a NINo from a previous stay in the UK. drugs seized by police in Barrow and Furness Extradition: USA constituency in each of the last five years. [190317]

Norman Baker [holding answer 6 March 2014]: The Andrea Leadsom: To ask the Secretary of State for information requested is not collected centrally by the the Home Department if she will review the UK’s Home Office. extradition treaty with the US to enable the UK to (a) set conditions on extradition, (b) halt extradition until Equality the Government is satisfied the conditions in which suspects will be held will be appropriate and (c) delay Mr Raab: To ask the Secretary of State for the Home extradition until the case is ready for trial in the Department pursuant to the answer of 27 February extraditing country. [190661] 2014, Official Report, column 431W, on equality, what the (a) total departmental expenditure, (b) number James Brokenshire: The UK’s extradition treaty with and (c) cost of people employed for the purpose of the US was the subject of an independent review led by promoting equality and diversity was in 2013-14. retired Appeal Court judge, Sir Scott Baker QC, in [190307] 2011. The review found that the treaty was fair and balanced. It contains numerous safeguards for the subjects Karen Bradley: Information for the financial year of extradition requests, and these are reflected in the 2013-14 will be available in May 2014. domestic legislation of both states, including, in UK law, the Human Rights Act. EU Nationals Seized Articles Steve McCabe: To ask the Secretary of State for the Home Department what estimate she has made of the Mr Hanson: To ask the Secretary of State for the number of EU migrants who have arrived in the UK Home Department how many seizures of (a) tobacco for work since 1 January 2014. [190497] and cigars, (b) alcohol and (c) drugs were made at (i) Manchester, (ii) London Heathrow, (iii) London Gatwick, Mr Hurd: I have been asked to reply on behalf of the (iv) London Stansted, (v) Liverpool, (vi) Newcastle, Cabinet Office. (vii) Belfast International, (viii) Belfast George Best, 59W Written Answers10 MARCH 2014 Written Answers 60W

(ix) Glasgow, (x) Edinburgh, (xi) Birmingham International, High Speed 2 Railway Line (xii) East Midlands and (xiii) Cardiff airports in each year since 2010; and what the estimated value was of Mr O’Brien: To ask the Secretary of State for Transport each such seizure. [190300] how much has been paid to each communication firm for advice on High Speed 2 to date. [190261] James Brokenshire: To ensure the integrity and security of the UK border Her Majesty’s Government does not comment on port specific statistics. Mr Goodwill: The Department and HS2 Ltd have paid the following to external companies for communications advice on HS2 in the period since HS2 Ltd was set up through to March 2014:

TRANSPORT £

All Party Physical Activity Commission DfT Westbourne Communications Ltd 23,952 John Woodcock: To ask the Secretary of State for Transport if he will publish his Department’s evidence HS2 Ltd to the All Party Commission on Physical Activity. AMV/BBDO 75,175 [190580] MHP Communications 61,080 Westbourne Communications 422,656 Mr Goodwill: The Department for Transport did not submit evidence to the All Party Commission on Physical Activity; this is a policy area led by the Department of Philip Davies: To ask the Secretary of State for Health. ‘Moving More, Living More’—a Government Transport pursuant to the answer of 26 February 2014, campaign to promote physical activity was launched on Official Report, columns 387-8W, on High Speed 2 13 February. A copy of this document has been sent to railway line, which of the Yorkshire local authorities the All Party Commission to set out the Government’s with which he has had meetings and which have approach for a more active nation, and a physical responded to the consultation have set out a position activity legacy from the 2012 Olympic and Paralympic (a) supportive of and (b) opposed to High Speed 2; Games. and if he will place in the Library copies of those authorities’ consultation responses. [190334] Buildings Mr Goodwill: Since the previous answer of 26 February Mr Thomas: To ask the Secretary of State for Transport 2014, Official Report, columns 387-88W,on High Speed whether his Department is considering vacating Great 2 railway line, responses to the HS2 Phase Two consultation Minster House. [190700] have now been received from York city council, Sheffield city council, Kirklees council, Rotherham metropolitan Stephen Hammond: The lease of Great Minster House council and Wakefield council. In line with previous expires in 2018. Work to consider options beyond that consultations on HS2, HS2 Ltd will publish a report date has commenced. However, no recommendation summarising the responses received to the consultation has yet been made by officials nor has any decision been as part of the advice to the Secretary of State for taken by Ministers. Transport, my right hon. Friend the Member for Derbyshire Dales (Mr McLoughlin), in taking his decision. The Mr Thomas: To ask the Secretary of State for Transport decision on Phase Two of HS2 is due to be taken by the what plans his Department has for refurbishment of the end of the year. reception area of Great Minster House. [190701] Mrs Gillan: To ask the Secretary of State for Transport Stephen Hammond: Following consolidation of all what payments have been made to Greengauge 21 by London-based staff into Great Minster House, the (a) his Department and (b) HS2 Ltd since 1 January Department is currently working up value for money 2011; and what the purposes of those payments were. plans to update the reception and to ensure it meets [190842] current accessibility standards. Stephen Hammond: The information is as follows: East Coast Railway Line (a) The Department has made no payments to Greengauge 21 since 1 January 2011. Mr Stewart Jackson: To ask the Secretary of State (b) HS2 Ltd has made payments totalling £3,850.00 to Greengauge for Transport what recent proposals he has considered 21 since 1 January 2011, these were for technical consultancy. for provision by open access train operating companies on the East Coast Mainline; and if he will make a Mrs Gillan: To ask the Secretary of State for statement. [190560] Transport if he will list (a) the contracts, (b) the value of those contracts and (c) payments made between (i) Stephen Hammond: Applications for access to the his Department and (ii) HS2 Ltd and (A) Alstom, (B) network, including those made by Open Access operators, Atkins, (C) Bechtel, (D) CH2M Hill, (E) Hitachi, (F) are considered in the first instance by the independent Keolis, (G) Parsons Brinckerhoff, (H) the Rail Industry Office of Rail Regulation and then by Network Rail. Association (I) Siemens and (J) the University of This is a matter for them. Birmingham. [190843] 61W Written Answers10 MARCH 2014 Written Answers 62W

Stephen Hammond: The following table (Table 1) provides details of live contracts and their contract values between DfT(c) and HS2 with the listed organisations.

Table 1: Current DfT (c) and HS2 contracts with contract values for the named organisations DfT C HS2 (b) Value of (b) Value of (a) Contract description contracts (£) (a) Contract description contracts (£)

A Alstom 1— 1— B Atkins TUBA/INCA/WITA Software User — Lot 1 Country South Design 19,156,523 Support2 Atkins Peer Review of Airports Commission 12,605 Modelling Services—HS2 174,510 Project Forecast Update (WP4) Atkins Mata Analysis of Local Major 32,268 Modelling Services—Network 589,448 Scheme Evaluations Assumptions Update (WP5) Atkins eCall UK Report and Impact 27,886 Lot 3 Country North EIAC 20,458,683 Assessment 2013 Atkins NTM Futures Experience and 49,945 Analytical support for the 1,318,367 Technical Support preparation of a public consultation on the route between London and Birmingham Atkins Research project to improve the 153,294 Professional services to 289,590 valuation of the benefits of smart update the PFM Base and integrated ticketing on public Matrices transport Atkins Highways and Framework agreement for 32,000,000 Professional services to 56,206 Transportation consultancy support to the Road update EMME Pricing Framework Division’s road pricing programme Atkins Ltd DIADEM Software User Support 60,546 Edge Runs 26,130 Atkins Ltd Framework for transport related — Carbon Model Audit 18,792 technical and engineering advice and research Atkins Ltd Low carbon truck trial 190,633 Request for proposal: 1,240,488 Developing and Approach to the Planning and Appraisal of Options for HS2 Atkins/Aecom Maximising regeneration benefits of 18,950 HS2 West Midlands Strategic 70,000 HS2 Transport Modelling SATURN Atkins/Aecom Space Weather Events and Rail 50,550 MACAF Lot 2 71,700 Resilience WP6_Scenarios Framework Atkins/AECOM SP Lot 2 T-TEAR Technical Adviser - ITSO 41,846 LUTI Modelling 296,485 and 3 on Prestige ATKINS/AECOM Strategic East West Rail Business Case 108,960 Partnership C Bechtel 1— 1— D CH2M 1— Development Partner 35,082,619 Contract E Hitachi 1— 1— F Keolis 1— 1— G Parsons Brinckerhoff Manual Traffic Counting for 13,600,000 212 Contract no. F012 — England, Scotland and Wales. Professional Services National Road Traffic Census 14/15 Framework and 15/16 1— Lot 2 High Speed Railway 9,368,146 Systems 1— Lot 2 Conventional Railway 4,581,894 Systems Parsons Brinckerhoff Ltd Framework for transport related — technical and engineering advice and research Parsons Brinckerhoff/WSP Technical Adviser Support 56,609 —Ticketless Travel Survey Parsons Brinckerhoff/WSP High Speed 2 Project Representative 6,000,000 UK JV Lot 3 H The railway Industry 1— 1— Association 1 Seimens 1— 1— J The University of 1— 1— Birmingham 1 No contracts. 2 This is a “time only” continuation of a contract that has ended at no additional cost. 63W Written Answers10 MARCH 2014 Written Answers 64W

Table 2 shows the procurement expenditure with the (2) when he expects junctions 28 to 32 of the M1 listed organisations for the last complete financial year motorway in both directions to be devoid of all roadworks (2012-13) for DfT (c) and HS2Ltd. and lane closures; and if he will make a statement. Table 2 [190326] £ (c )Value of payments made Mr Goodwill: The work that is currently being carried Dft C HS2 out on the M1 in this location involves new central reserve drainage and concrete barrier in preparation for A Alstom Transport — — the planned smart motorway scheme between M1 J28 B Atkins Ltd 1,248,035.13 18,229,182.43 to J31. C Bechtel — — In planning the works, the option of breaking D CH2M (UK) Ltd — 17,002,481.83 construction into a number of smaller sequential phases E Hitachi — — was considered, however this would have the impact of F Keolis — — prolonging the overall duration of construction and G Parsons 1,913,708.90 6,529,288.44 Brinckerhoff therefore the length of time over which disruption would H The Railway ——be experienced. Industry The current works are planned to continue into the Association start of construction for the proposed M1 J28 to J31 I Siemens 737,606.40 — smart motorways project and M1 J31 to J32 Pinch J The University of —— Birmingham Point scheme. Subject to completion of the necessary statutory processes, both schemes are planned to complete by spring 2015. Mrs Gillan: To ask the Secretary of State for Transport what contracts there are between (a) his Department, (b) HS2 Ltd and (c) non-departmental public bodies and Steer Davies Gleave; and what the Motorways: Speed Limits values of those contracts are. [190852] Sir Greg Knight: To ask the Secretary of State for Stephen Hammond: The information is as follows: Transport if he will consider introducing variable temporary (a) The Department currently has one live contract with Steer speed limits on stretches of motorway where roadworks Davies Gleave for ″Bikeability (Cycle Training) support″ with a are taking place so that such temporary speed limits are value of £1,500,000. not artificially low during times of light traffic use. (b) HS2 has one live contract with Steer Davies Gleave for [190325] “Social and distributional impact analysis” with a contract value of £143,220. Mr Goodwill: The Highways Agency will be considering (c) The Department’s Agencies and arm’s length bodies have the impact of introducing variable temporary speed no live contracts with Steer Davies Gleave. limits on stretches of motorways where road works are Internet taking place as part of an ongoing programme of research and possible trials. Jim Shannon: To ask the Secretary of State for Variable speed limits in road works may be considered Transport what services his Department provides that appropriate in certain circumstances but we must keep are (a) available online only and (b) planned to move in mind the primary objective of temporary traffic to online only. [190371] management which is to maximise the safety of road workers as well as the travelling public. Stephen Hammond: The information is as follows: (a) The only Department for Transport services that are exclusively digital are: Ports Transport Direct, which is an online journey planner; driver CPC training records upload and inquiry. The Driver Mr Nicholas Brown: To ask the Secretary of State for Certificate of Professional Competence is a qualification for Transport what assessment he has made of the professional bus, coach and lorry drivers; potential effect of the opening of sea routes through delegated examiner practical driving test notification. A delegated the North West Passage on ports in the UK. [190616] examiner is a person appointed to conduct driving tests not employed by DVSA e.g. MOD, emergency services; and electronic information services for HGV/PSV operators, fleet Stephen Hammond: The Arctic is an area of increasing maintainers, leasing companies and manufacturers. importance for maritime transport. Both the Northwest (b) There are no plans to move any current services to an Passage and the Northern Sea Route will offer significantly exclusively online channel. shorter travelling distances between Europe and Asia later in the 21st Century if the Arctic warming trend M1 continues at its current rate. While the Government has not carried out a dedicated Sir Greg Knight: To ask the Secretary of State for study of the future effect on UK ports, the Government Transport (1) for what reason he did not require the believes that the UK ports and shipping industries, work currently being carried out on the M1 motorway together with the wider maritime cluster, are generally between junctions 28 and 32 to be phased in smaller well placed to take advantage of any commercial sections so as to reduce congestion and delays; and if opportunities that expansion of Arctic shipping may he will make a statement; [190324] present in the short term. 65W Written Answers10 MARCH 2014 Written Answers 66W

The Government intends to keep under review, in the shows what impact the trial has had on passenger longer term, whether there is anything that it is best behaviour and what wider conclusions may be drawn placed to do, in order both to facilitate worthwhile from this. trade opportunities and to help ensure that this is done Those conclusions will help to inform the future with due regard to the environment. decisions that will need to be made regarding what should be required by way of flexible ticketing in future Railways: Tickets franchise agreements.

Caroline Lucas: To ask the Secretary of State for Shipping: Exhaust Emissions Transport what the strands of the South East Flexible Ticketing project are; what the budget and relevant Mr Andrew Turner: To ask the Secretary of State for train operating company is for each such strand; when Transport what information his Department holds on he expects the competition for the flexible ticketing whether other EU member states have expressed concern trial for part-time workers to commence; when the about risks to connectivity arising from the financial outcome of that competition will be announced; when costs of compliance with the International Maritime he expects that trial to begin; and how long the trial Organisation emissions regulations due to come into will last. [190284] force on 1 January 2015; and whether the Government has discussed this matter with the governments of other Stephen Hammond: The South East Flexible Ticketing EU member states. [190875] programme (SEFT) aims to deliver flexible smart ticketing across London and the South East, working in partnership Stephen Hammond: We are not aware that other EU with TfL and the train operators. In terms of delivery member states have identified ‘risks to connectivity’. ’strands’, these include station infrastructure, back office However, other EU member states have expressed concerns systems, testing and integration, core products, and about the high economic cost of compliance with the other ’soft factors’ such as training and marketing in sulphur limits contained in the International Maritime order to deliver a consistent passenger proposition. Organization’s MARPOL Annex VI and the EU sulphur The geographic scope of the programme is yet to be content of marine fuels directive (Directive 2012/33/EU). finalised but will include all of the train operators The UK has participated in discussions on the issue which run passenger services into London, namely: which have taken place in EU forums. c2c Mr Andrew Turner: To ask the Secretary of State for Greater Anglia Transport (1) if he will take steps to mitigate any East Coast potential damage to the UK’s connectivity arising from First Capital Connect the financial costs of compliance with the International East Midland Trains Maritime Organisation emissions regulations due to London Midland come into force on 1 January 2015, insofar as it is Virgin West Coast practical to do so; [190876] Chiltern (2) what assessment his Department has made of First Great Western whether ferry services within and to the UK may be at South West Trains risk of closure as the result of the implementation of the International Maritime Organisation emissions Southern regulations due to come into force on 1 January 2015. Southeastern [190880] The total budget for the programme is £45 million. Until the geographic scope is finalised it is not yet Stephen Hammond: I have chaired two “round table’ possible to estimate what proportion of that will be meetings for stakeholders from a range of industries— spent on each part of the rail network. shipping, ports, abatement technology, oil refining, The competition for the flexible ticketing trial is logistics—to discuss the way forward on sulphur. As currently scheduled to commence later in 2014 by issuing part of the work to follow up these meetings, the UK requests for proposal to all train operators that are Chamber of Shipping commissioned a study by the signatories to the SEFT scheme. We expect to announce consultants AMEC entitled ‘Impact on jobs and the a winning bidder in sufficient time to commence the economy of meeting the requirements of MARPOL trial in January 2015. The trial is expected to last for a Annex VI’ which the Chamber of Shipping released year. early in March 2013. The evidence about potential route closures from this Caroline Lucas: To ask the Secretary of State for and other relevant studies will be incorporated into the Transport what the criteria for success will be of the Department’s Impact Assessment on the new sulphur flexible ticketing trial for part-time workers and how requirements, which will be published in the next few success will be measured; and if he will include a weeks. Our assessment will also consider the economic requirement for flexible ticketing for part-time workers cost to the UK as well as the benefits in terms of in all future franchise agreements in the event that the improved public health and reduced damage to the trial is successful. [190285] environment. The Government has been looking at ways of helping Stephen Hammond: The criteria for success for the industries to comply with the new sulphur requirements. flexible ticketing trial will be: a robust trial which obtains We are exploring the scope for securing EU finance, quality assured data; analysis built from that data that possibly under the Trans-European Network (TEN-T) 67W Written Answers10 MARCH 2014 Written Answers 68W programme and affordable capital from the European identifiable expenditure on services, including transport, Investment Bank, for shipowners and ports who would by function, country and region per head. Spend is not like to invest in using an abatement technology (exhaust broken down below regional level. gas cleaning systems) or an alternative fuel—such as In 2012-13, identifiable expenditure on transport was liquefied natural gas. £83 per head in Yorkshire and Humber, £184 per head in London and £90 per head in England. Mr Andrew Turner: To ask the Secretary of State for The Department for Transport is not the only public Transport (1) what progress the UK has made in body responsible for transport and a large proportion gaining time-limited exemptions from the International of expenditure is covered by local government bodies. Maritime Organisation emissions regulations due to Expenditure upon major infrastructure projects is come into force on 1 January 2015; and if he will make distributed throughout the geographical spread of the a statement; [190877] UK’s supply chain. (2) for what reason the UK has decided not to seek to apply time-limited exemptions from the International Maritime Organisation (IMO) emissions regulations due to come into force on 1 January 2015 in respect of INDEPENDENT PARLIAMENTARY specific vessels and routes, reporting such exemptions STANDARDS AUTHORITY COMMITTEE to the IMO for recording. [190881] IPSA Contingency Panel Stephen Hammond: The UK is subject to the Sulphur content of marine fuels Directive (Directive 2012/33/EU) which substantially aligns European legislation with the Sir Bob Russell: To ask the hon. Member for International Maritime Organisation’s own rules. The Broxbourne, representing the Speaker’s Committee for directive does not permit such an exemption. the Independent Parliamentary Standards Authority, what the membership is of the IPSA Contingency Panel. [190337] Mr Andrew Turner: To ask the Secretary of State for Transport what response his Department has received Mr Charles Walker: The information requested falls from the European Commission to its representations within the responsibility of the Independent Parliamentary on potential shortage of marine fuel supplies arising Standards Authority. I have asked IPSA to reply. from the implementation of the International Maritime Organisation emissions regulations due to Letter from Andrew McDonald, dated March 2013: come into force on 1 January 2015. [190878] As Chief Executive of the Independent Parliamentary Standards Authority, I have been asked to reply to your Parliamentary Question asking about the IPSA Contingency Panel. Stephen Hammond: We are not aware of any problems with the availability of 0.1% sulphur fuel for shipowners. The Panel is chaired by the Director of Policy and Communications. Other members of the panel are the Director of Finance and However, the UK is actively working in the International Operations (or a representative), the Head of Validation and MP Maritime Organisation to take forward a review of the Support, the Head of Payroll, the Head of Policy and the Policy availability in 2020 of 0.5% sulphur fuel. Manager. Others will attend according to the topics being discussed.

Mr Andrew Turner: To ask the Secretary of State for Matrix Chambers Transport what estimate his Department has made of potential changes to the level of charges to passengers Mr David Davis: To ask the hon. Member for and vehicle owners on ferry services arising from the Broxbourne, representing the Speaker’s Committee for implementation of the International Maritime the Independent Parliamentary Standards Authority, Organisation emissions regulations due to come into what procurement process was conducted by IPSA in force on 1 January 2015. [190879] advance of the decision to engage Matrix Chambers to prepare and advise on High Court action in May 2013 Stephen Hammond: The Department has developed in respect of their case against the hon. Member for an impact assessment to accompany the forthcoming Peterborough; and if he will make a statement. [190702] public consultation on the emission regulations. As part of this consultation we will be seeking further information Mr Charles Walker: The Independent Parliamentary about the costs and benefits to the public including the Standards Authority has indicated that it will not be impact on ferry services. possible to answer this question within the usual time period. An answer is being prepared and will be provided Transport: Per Capita Costs as soon as it is available.

Dan Jarvis: To ask the Secretary of State for Members’ Staff Transport what estimate he has made of the level of funding per head of the population for transport in (a) Sir Bob Russell: To ask the hon. Member for Broxbourne, Barnsley Central constituency, (b) Yorkshire and the representing the Speaker’s Committee for the Independent Humber, (c) London and (d) England. [190576] Parliamentary Standards Authority, how many hon. Members have been provided with additional funds by Stephen Hammond: The most recent data available IPSA to cover increased staffing costs as a consequence for total public expenditure on transport is given in HM of dealing with higher demand for assistance from Treasury’s Country and Regional Analysis 2013. This is constituents in 2013-14 to date. [190339] 69W Written Answers10 MARCH 2014 Written Answers 70W

Mr Charles Walker: The information requested falls George Eustice: I refer the hon. Members to the within the responsibility of the Independent Parliamentary answer given on 6 March 2014, Official Report, Standards Authority. I have asked IPSA to reply. column 979W. Letter from Andrew McDonald, dated March 2013: Bovine Tuberculosis As Chief Executive of the Independent Parliamentary Standards Authority, I have been asked to reply to your Parliamentary Question asking about increased staffing expenditure budgets. Chris Ruane: To ask the Secretary of State for There have been no MPs who have received higher staffing Environment, Food and Rural Affairs what advice he expenditure budgets as a result of increased demand for assistance has received on distinguishing between infected and from constituents in 2013-14. A small number of MPs have uninfected badgers; and what account his Department received increased budgets this year as a result of commitments took of this advice in conducting the badger cull pilots. entered into before this financial year. [190091]

Sir Bob Russell: To ask the hon. Member for George Eustice: The aim of the pilot badger culls was Broxbourne, representing the Speaker’s Committee for to test assumptions on the effectiveness (in terms of the Independent Parliamentary Standards Authority, badger removal), humaneness and safety of controlled what estimate IPSA has made of the amount in staffing shooting. Therefore no advice was received on distinguishing budgets for hon. Members which will not be claimed by between infected and uninfected badgers. the end of the current financial year. [190340] Identifying badgers infected with M. bovis was one of the elements investigated during the Randomised Mr Charles Walker: The information requested falls Badger Culling Trial, giving us evidence on the typical within the responsibility of the Independent Parliamentary prevalence of TB in badgers in areas of high TB incidence, Standards Authority. I have asked IPSA to reply. and were not repeated during the pilots. Letter from Andrew McDonald, dated March 2013: As Chief Executive of the Independent Parliamentary Standards Bovine Tuberculosis: Republic of Ireland Authority, I have been asked to reply to your Parliamentary Question asking about MPs’ staffing budgets. Jim Shannon: To ask the Secretary of State for If all MPs were to spend up to the limit for staffing expenditure Environment, Food and Rural Affairs what discussions in 2013-14 set out in the ‘MPs’ Scheme of Business Costs and he has had with his counterpart in the Republic of Expenses’, then the total expenditure by MPs on staffing costs in Ireland on the effectiveness of that country’s programme this financial year would be £89.8 million. Our estimate for 2013-14, however, includes provisions for £78.2 million on MPs’ of humanely destroying badgers in reducing the incidence staffing. We expect this to be fully spent by the end of the of bovine TB. [190375] financial year. George Eustice: The Secretary of State for Environment, Staff Food and Rural Affairs, my right hon. Friend the Member for North Shropshire (Mr Paterson), visited Sir Bob Russell: To ask the hon. Member for the Republic of Ireland in May 2013 to observe the Broxbourne, representing the Speaker’s Committee for Irish approach to bovine TB eradication. Since then, the Independent Parliamentary Standards Authority, DEFRA officials have kept up a regular dialogue with what total amount was paid in overtime payments to their Irish counterparts. IPSA staff in the first nine months of 2013-14. [190338] Bovine Tuberculosis: South West Mr Charles Walker: The information requested falls within the responsibility of the Independent Parliamentary Chris Ruane: To ask the Secretary of State for Standards Authority. I have asked IPSA to reply. Environment, Food and Rural Affairs if he will publish Letter from Andrew McDonald, dated March 2013: figures on the number of badgers culled in total in the Gloucestershire and Somerset pilots. [190116] As Chief Executive of the Independent Parliamentary Standards Authority, I have been asked to reply to your Parliamentary Question asking about overtime paid to IPSA staff. George Eustice: I would like to refer the hon. Member From April to December 2013, £4,567 was paid in overtime to to the written ministerial statements made by the Secretary IPSA staff. of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for North Shropshire (Mr Paterson), on 3 November 2013, Official Report, column 10WS and 2 December 2013, Official Report, ENVIRONMENT, FOOD AND RURAL AFFAIRS column 33WS. Animal Welfare: Circuses Databases

Henry Smith: To ask the Secretary of State for Huw Irranca-Davies: To ask the Secretary of State for Environment, Food and Rural Affairs when he plans to Environment, Food and Rural Affairs when the Animal bring forward legislative proposals to ban the use of Health and Veterinary Laboratories Agency became wild animals in circuses. [190499] aware of the failure regarding the SAM IT system. [185664] Mr Ward: To ask the Secretary of State for Environment, Food and Rural Affairs what progress George Eustice: I was made aware of the nature of his Department has made in banning the use of wild the problems and the implications for our monthly animals in circuses by 2015. [190747] publication of bovine TB statistics on 14 January 2014, 71W Written Answers10 MARCH 2014 Written Answers 72W when the impact on the published bovine TB national The Environment Agency is under consultation to statistics became clear. AHVLA first became aware in move to a national-area model for allocating budgets, mid-December 2013 that there were possible discrepancies hence a regional split of future revenue budgets is not with the records of herds designated as not officially TB available. Free—well after the badger cull pilots had concluded. Subsequent investigations by AHVLA led to notification Chris Ruane: To ask the Secretary of State for of DEFRA officials on 18 December 2013. The extent Environment, Food and Rural Affairs what projections of the problems and full impact on the published statistics his Department has made of the number of staff that were not fully understood until mid-January 2014. will be employed by the Environment Agency in each of the next three years. [189840] Dogs: Diseases Dan Rogerson: The current priority is flood incident response. Beyond this, the Environment Agency will Jim Shannon: To ask the Secretary of State for assess its structure to ensure it has an affordable business Environment, Food and Rural Affairs what estimate he structure. Initial planning assumptions, that were previously has made of how many dogs in the UK have distemper; shared with staff, will be reviewed to reflect additional and what steps his Department is taking to reduce the flood risk management funding. incidence of that condition. [190378] Floods George Eustice: There is no legal obligation for owners of dogs with distemper, nor the veterinary surgeons involved in treating any affected dogs to notify the Chris Ruane: To ask the Secretary of State for Government. No statistics are therefore collected on Environment, Food and Rural Affairs when national how many dogs have distemper. DEFRA has no plans flooding exercises have taken place in order to test to intervene in the control of the disease and an effective arrangements which Government departments have vaccine is readily available to protect dogs from an early put into place to deal with flooding and infrastructure age. emergencies in the last five years. [190415]

Environment Agency Dan Rogerson: Exercise Watermark was the largest civil flood preparedness exercise ever run in England and Wales, and took place in March 2011. It involved Chris Ruane: To ask the Secretary of State for UK Government Departments, the Welsh Government, Environment, Food and Rural Affairs how much the Government agencies, emergency responders, businesses Environment Agency’s annual regional revenue budget and communities testing the country’s response to was in each year for which data is available; and what groundwater, surface water, reservoir, river and coastal estimate he has made of such budgets in each of the flooding. next three years. [189789] Chris Ruane: To ask the Secretary of State for Dan Rogerson: The following tables show revenue Environment, Food and Rural Affairs whether the spend across Environment Agency defined regions for Environment Agency has yet provided a specialised 2008-09 to 2012-13. site-specific flood warning service for infrastructure Table 1: Environment and Business Grant (E&B) grant in aid (GiA) revenue operators in order to offer longer lead times and greater £ million levels of detail about the velocity and depth of flooding. 2008-09 2009-10 2010-11 2011-12 2012-13 [190428]

Anglian1416132118Dan Rogerson: Following a successful pilot between Midlands 21 23 18 20 19 the Environment Agency and Western Power Distribution Yorkshire and 18 20 14 19 24 in 2009-10, a new web-based flood warning service for North East Civil Contingency Act Category 1 and 2 responders North West 19 20 14 18 17 went live in September 2011. South East 33 37 31 50 30 South West 16 17 13 14 13 The service enables responders to match Environment Total E&B 122 133 104 142 120 Agency flood warning areas and live warnings with GiA revenue their own asset data that they upload for sites they have identified as vulnerable to flooding. Table 2: Flood and Coastal Erosion Risk Management GiA revenue £ million An asset could be anything they wish, such as a 2008-09 2009-10 2010-11 2011-12 2012-13 sewage treatment works, telephone exchange, an office or depot. Anglian5243485051 Midlands 41 42 49 52 36 As of March 2014, over 70 responders have registered Yorkshire and 32 39 40 44 36 for the service. North East North West 27 28 35 31 32 Chris Ruane: To ask the Secretary of State for South East 65 77 82 84 80 Environment, Food and Rural Affairs whether the South West 32 30 37 27 33 Environment Agency now works with local responders Total 250 260 292 288 268 to raise awareness in flood risk areas and identifies a FCERM GiA revenue range of mechanisms to warn the public in response to flooding. [190462] 73W Written Answers10 MARCH 2014 Written Answers 74W

Dan Rogerson: The Environment Agency works closely Stephen Williams: I have been asked to reply on with local responders to raise awareness and to warn behalf of the Department for Communities and Local the public of the risk of flooding. Government. Examples of this activity include: For new build, national planning policy is clear that A training programme was delivered to ensure all local responders inappropriate development in areas at risk of flooding understand and respond appropriately to the flood forecasting should be avoided. Where development is necessary, it and warning services of the Flood Forecasting Centre and the should be made safe and resilient—and without increasing Environment Agency; flood risk elsewhere. Mitigation measures such as land A ’Floodwise’ campaign was run between April 2009 and raising, landscaping, raised thresholds and re-arranging September 2012, during which 875,000 people were informed the internal uses of buildings, can sometimes make about their flood risk. As a result 75,000 people checked their development acceptable in such areas. Such measures flood risk; 34,000 people signed up to the flood warning service; can be made a requirement of any planning consent by 8,500 people completed personal flood plans and 672 communities developed community flood plans (covering over 300,000 people); the local authority. Since 2012 locally focused flood awareness campaigns have The statutory guidance for England contained in been run each year. These are co-ordinated through Environment “Approved Document C (Site preparation and resistance Agency Community Engagement Officers, who consult and work to contaminants and moisture)” which supports the with Local Resilience Forum partners to raise awareness of risk building regulations also promotes the use of flood and get communities to prepare for flooding; resilience and resistance measures in flood prone areas. Targeted campaigns have also been run with communities The document references the guidance produced jointly living in rapidly responsive catchments and with caravan and by the Department for Communities and Local campsite owners in high flood risk areas; and Government, DEFRA and the Environment Agency— The Floodline telephone service has been improved so that “Improving the flood performance of new buildings— local authorities are able to provide their own standard response Flood resilient construction”. Much of the information information for callers to the Floodline service. is applicable to resilient repair as well as new build. We have no immediate plans to change the guidance, but we Floods: Insurance will be keeping this under review.

Chris Ruane: To ask the Secretary of State for Floods: Staffordshire Environment, Food and Rural Affairs how many households were uninsurable against flooding in each Mr Burley: To ask the Secretary of State for Environment, of the last 10 years. [189808] Food and Rural Affairs what flood prevention measures have been undertaken in (a) Cannock Chase constituency Dan Rogerson: We do not hold figures on the number and (b) Staffordshire in the last three years; and how of properties that were uninsurable against flooding many staff of (i) his Department and (ii) the Environment over the past 10 years. Agency have been employed on those measures. [190083] The Government is introducing a flood reinsurance scheme (Flood Re), to ensure the provision of affordable Dan Rogerson: In the Cannock Chase constituency, insurance to properties at high risk of flooding. the majority of flood prevention measures have been maintenance works to the Ridings Brook flood defences. Chris Ruane: To ask the Secretary of State for These protect 100 properties in Cannock. These works Environment, Food and Rural Affairs (1) whether the include de-silting culverts, repairing the flood balancing insurance industry has developed and implemented industry reservoir at Mill Green and installing CCTV cameras to guidance for flooding events, covering reasonable enable the situation on site to be constantly monitored expectations of the performance of insurers and reasonable during floods. actions by customers; [190426] In Staffordshire, construction is continuing on the (2) what assessment he has made of whether Lower Tame flood defence scheme in Fazeley and insurance notices now include information on flood Tamworth. The section protecting the Coton area of risk and the simple steps that can be taken to mitigate the town was completed last autumn and protects 297 the effects in flood risk areas; [190427] properties. Construction in the Fazeley area of the town (3) what steps his Department and the insurance is ongoing, but is programmed for completion this industry have taken to deliver a public education programme spring. It will protect a further 216 properties. Major setting out the benefits of insurance in the context of improvements to a culvert in Elford were completed last flooding. [190425] year to further protect 47 properties. Other smaller flood defence schemes have been Dan Rogerson: Action on the issue was completed undertaken in Forsbrook, Mayfield, Burton on Trent, and reported as such in the Government’s Final Progress Tutbury and Newcastle under Lyme and there have Report on implementing the recommendations made been improvements made to pumping stations in Branston, by the Pitt Review, published in January 2012. Moreton, Elford and Armitage. The Environment Agency is progressing work on a further six schemes in the Floods: Property Development county and the Lead Local Flood Authority (Staffs county council) is currently developing 14 schemes. Chris Ruane: To ask the Secretary of State for It is not possible to directly attribute staff numbers to Environment, Food and Rural Affairs if he will bring works in Cannock Chase constituency or Staffordshire forward building regulations to require that all new or as work is spread across teams covering a much larger refurbished buildings in high flood-risk areas are flood area. However, it is estimated that the Environment resistant or resilient. [189792] Agency has 14 field-based staff maintaining and improving 75W Written Answers10 MARCH 2014 Written Answers 76W defences in Staffordshire supported by four office-based creation is supported by the Rural Development Programme staff planning this work. There are a further five office-based for England and we are looking at how we will continue staff involved in developing new schemes or reducing to support woodland creation in the next programme. flood risk through their work with developers and planners. Staffordshire county council currently has Sandra Osborne: To ask the Secretary of State for four full-time staff managing flood risk. Environment, Food and Rural Affairs what estimate he There are no DEFRA staff working on flood risk has made of the proportion of UK forests that are management who work specifically on flood prevention under sustainable management. [190501] measures in Cannon Chase constituency or Staffordshire. Dan Rogerson: Forestry is a devolved issue. The Forestry Floods: York Commission publishes a range of forestry statistics for the UK that are available on its website at: Julian Sturdy: To ask the Secretary of State for www.forestry.gov.uk/statistics Environment, Food and Rural Affairs with reference to In England, the Forestry Commission’s headline his Department’s announcement of 6 February 2014 performance indicator for woodland in active management, on new flood defence schemes, what proportion of that updated and published in December 2013, was 54%. It funding will be allocated to (a) the York area and (b) is reasonable to assume that woodland in active York Outer constituency. [190413] management is also being managed sustainably.In addition it is known that some sustainably managed woodland is Dan Rogerson: In 2014-15 £9,000 grant in aid was not captured in the recording of woodland in active allocated to the Outgang Lane Culvert Improvement management so 54% will be an underestimate. scheme, which is in the York Outer constituency. The details of the allocations are published on the Environment Gavin Williamson: To ask the Secretary of State for Agency’s website. Environment, Food and Rural Affairs what steps he is taking to protect ancient woods in (a) the UK and (b) Food: Crime South Staffordshire. [190564]

Kerry McCarthy: To ask the Secretary of State for Dan Rogerson: A number of measures are in place to Environment, Food and Rural Affairs if his Department protect woodland in England, including South Staffordshire. and the Food Standards Authority will bring forward The National Planning Policy Framework states that legislative proposals to introduce greater maximum penalties planning permission should be refused for development for those convicted of food crime in the UK. [189965] resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of George Eustice: Penalties for food crime should be aged or veteran trees found outside ancient woodland, effective, proportionate and dissuasive to help maintain unless the need for, and benefits of, the development in public confidence in the regulatory system that protects that location clearly outweigh the loss. consumers and ensures that the food we eat is safe. The In addition, all tree felling is controlled by the Forestry penalty for food crime can range from a number of Commissioners in accordance with the felling regulations interventions, such as advice or a formal written notice, under the Forestry Act 1967 (as amended). Additionally, through to a suspension of operations or criminal many woods are subject to further controls because prosecutions for the most serious offences such as fraud. they are within designated areas such as Sites of Special Sentencing is a matter for the courts who determine Scientific Interest or Special Areas of Conservation. the sentences to take account of the circumstances of Other measures to protect woodland, such as Tree each case. Following an approach from the Food Standards Preservation Orders, are available to local authorities in Agency the Sentencing Council is considering whether South Staffordshire and throughout England. there may be an opportunity to provide sentencing guidelines for food and feed hygiene offences as part of I am not aware of any specific measures being taken its future programme of work. to preserve ancient woodland in South Staffordshire, other than those previously mentioned. Forests Incinerators: EU Law Sandra Osborne: To ask the Secretary of State for Environment, Food and Rural Affairs what plans he Alistair Burt: To ask the Secretary of State for has to increase commercial coniferous forest planting; Environment, Food and Rural Affairs how many and if he will make a statement. [190500] prosecutions have taken place under the Waste Incineration Directive in each year since 2007. [190725] Dan Rogerson: As forestry is a devolved issue, tree planting and woodland creation plans are a separate Dan Rogerson: The figures for prosecutions are for matter for each of the devolved Administrations. breaches of environmental permit conditions that relate In England the Government’s Forestry and Woodland to the requirements of the Waste Incineration Directive Policy Statement, published last year, set out our aspirations under the relevant UK legislation. Prior to April 2008 to increase woodland cover in England to 12% by 2060, the Waste Incineration Directive was implemented through representing an average planting rate of 5,000 ha per the Pollution and Prevention and Control (England and year. This will be dependent on landowners choosing to Wales) Regulations 2000.lt is currently implemented plant trees, including conifers, where it best suits them through the Environmental Permitting (England and and their local conditions and priorities. Woodland Wales) Regulations 2010. 77W Written Answers10 MARCH 2014 Written Answers 78W

Prosecutions for offences relating to the Waste Incineration Directive Dan Rogerson: It is not possible to specify how much Total of the funding allocation will be spent by March 2015, but projects under the fund totalling £15.5 million have 2007 0 been granted funding or are under consideration. Where 2008 0 possible, any remaining EU funds will be utilised elsewhere 2009 1 across the Rural Development Programme for England. 2010 3 2011 2 2012 3 2013 2 ELECTORAL COMMISSION COMMITTEE Total 11 Absent Voting

The figures from 2007—April 2013 are for England Chris Ruane: To ask the hon. Member for South and Wales and the figure from April 2013 to date is for West Devon, representing the Speaker’s Committee on England only. These include prosecutions by the the Electoral Commission, what estimate the Electoral Environment Agency and local authorities. Commission has made of the changes to voter turnout as a result of their proposed changes to the handling of postal ballots. [186091] Land Drainage Mr Streeter: The Electoral Commission informs me Mr Sheerman: To ask the Secretary of State for that it has not yet made any estimate of possible changes Environment, Food and Rural Affairs what assessment to turnout as a result of its proposal that campaigners he has made of the effectiveness of sustainable drainage at elections and referendums in the UK should not be systems in reducing the risk of, and damage caused by, involved in the process of assisting other people in flooding. [190137] completing postal or proxy vote applications or handling postal ballot packs. Dan Rogerson: Sir Michael Pitt’s review of the 2007 The commission expects to consider any evidence floods contained recommendations to increase the uptake about possible changes to turnout as part of its discussions of sustainable drainage systems (SuDS) to reduce the on changes to its Code of Conduct for Campaigners risk of flooding. with political parties, returning officers and electoral The impact assessment for the legislation required to registration officers. This will include discussing additional implement SuDS measures set out in schedule 3 of the steps that returning officers and electoral registration Flood and Water Management Act 2010 was recently officers could take to help electors complete and return assessed as fit for purpose1 by the independent Regulatory application forms and postal ballot packs. Policy Committee. Based on Environment Agency and Foresight research, the assessment assumed SuDS measures Chris Ruane: To ask the hon. Member for South West reduce flood damages related to new development by Devon, representing the Speaker’s Committee on the 30% as a high-level average. Electoral Commission, what discussions the Electoral Commission has had with hon. Members about their proposed changes to the handling of postal ballots. Rural Areas: Broadband [186092] Mr Streeter: The Electoral Commission informs me Huw Irranca-Davies: To ask the Secretary of State for that it intends to discuss changes to its Code of Conduct Environment, Food and Rural Affairs how many projects for Campaigners with political parties and other have been granted funding under the Rural Community campaigners including Members of Parliament, as well Broadband Fund; how many projects under this fund as Returning Officers and Electoral Registration Officers. are under consideration for funding; how many such These changes include proposals that campaigners at projects have been declined; and how many homes have elections and referendums in the UK should not be been connected under this scheme to date. [190505] involved in the process of assisting other people in completing postal or proxy vote applications or handling Dan Rogerson: Under the Rural Community Broadband postal ballot packs. Fund, two projects have been granted funding and are The Commission will encourage campaigners to commit in delivery. Three projects have been given pre-contract to following a revised Code of Conduct for Campaigners approval and a further 16 projects are under consideration for elections after 2014, including the May 2015 UK for funding. 46 expressions of interest (first stage parliamentary general election. It will make public details applications) have been declined. Total premises connected of which parties and campaigners have agreed to follow will be reported to DEFRA on completion of the the Code. projects. Absent Voting: Fraud Huw Irranca-Davies: To ask the Secretary of State for Environment, Food and Rural Affairs how much of the Chris Ruane: To ask the hon. Member for South West £20 million funding allocation for the Rural Community Devon, representing the Speaker’s Committee on the Broadband Fund will be spent by March 2015; and how Electoral Commission, how many successful convictions much of the fund he estimates will be returned to the for postal ballot fraud there were in each region and European Union fund from which it was granted. constituent part of the UK in each year for which data [190506] is held. [186081] 79W Written Answers10 MARCH 2014 Written Answers 80W

Mr Streeter: The Electoral Commission informs me and issues paper published in May 2013, including six the Commission has been working with the UK’s cases of postal voting fraud. Association of Chief Police Officers to collect data on electoral fraud since 2007. The Commission is also The following table shows the year, electoral event, aware of additional cases of alleged electoral fraud offence and details of the convicted offenders for each relating to elections since 2002. of these cases. The Commission included details about successful convictions for electoral fraud offences in an evidence

Election Allegations Identity of offender(s) Outcome

2003 Guildford borough council Forged signature on postal ballot Conservative party candidate Conviction: 4-month custodial packs in local election sentence

2004 Burnley borough council Conspiracy to defraud Returning One Liberal Democrat party Convictions: both offenders received Officer—via fraudulent proxy vote candidate and one Liberal 18-month custodial sentences applications for and all-postal vote Democrat party councillor local election

2004 Peterborough borough council Fraudulent applications for postal Two Labour party candidates and Convictions: One candidate received votes and postal vote forgery in local Labour party secretary 9-month custodial sentence; one local election candidate received a 4-month custodial sentence; party secretary received a 15-month custodial sentence Forgery on postal ballots in local Three Conservative party candidates Convictions: Custodial sentences election of 5, 3 and 2 months

2005 Bradford West UK False applications to vote by post Two Conservative party councillors Convictions: Two councillors parliamentary constituency at UK parliamentary election and three other individuals received custodial sentences of 21 months each; two other offenders also received custodial sentences of 21 months each; one other offender received a custodial sentence of 11 months

2007 Slough borough council False applications to register to Conservative party candidate and Convictions: Candidate and one vote and false applications to vote five of his supporters other offender received custodial by post in local election sentences of 3.5 years each; other offenders each received custodial sentences of four years, 18 months, 8 months and 4 months

2011 Ashford borough council False applications to vote by post Conservative party candidate Conviction: Offender received and false signatures on a nomination 12-month custodial sentence paper in local election

Elections The Commission also asks regular questions about the public’s perceptions of electoral fraud on its post- election and tracker surveys but the cost of these specific Chris Ruane: To ask the hon. Member for South West questions cannot be separated. Devon, representing the Speaker’s Committee on the The Commission intends to conduct an additional Electoral Commission, how much the Electoral research project related to fraud during 2014. This will Commission has spent on research into (a) voter focus on identifying whether certain demographic or registration and postal ballot fraud and (b) under cultural factors mean that specific communities are registration in each of the last six years; and what future more vulnerable to electoral fraud. research is planned for each. [185891] The Commission also has a stated research programme associated with the introduction of individual electoral Mr Streeter: The Electoral Commission informs me registration which will include assessments of under that they have spent the following on research: registration. The next of these studies will take place in 2014 with a further study in 2016 or 2017. Voter registration and Financial year postal ballot fraud (£) Under registration (£) Elections: ICT 2013-14 58,100 190,933 2012-13 0 112,000 Chris Ruane: To ask the hon. Member for South 2011-12 0 255,000 West Devon, representing the Speaker’s Committee on 2010-11 0 0 the Electoral Commission, what recent assessment the 2009-10 0 264,880 Electoral Commission has made of the role of new 2008-09 0 0 technology in improving voter (a) registration and (b) turnout. [185892] 81W Written Answers10 MARCH 2014 Written Answers 82W

Mr Streeter: The Commission informs me that it On electoral registration fraud, the Commission also strongly supports online voter registration, which will provides guidance to electoral registration officers and be introduced as part of the transition to individual police forces, collects and analyses data about allegations electoral registration in Great Britain from June 2014. of electoral registration fraud, and monitors policy and The Commission hopes that online voter registration legislation. The Commission’s work in this area is led will improve the accessibility of the electoral registration by its electoral policy team, and the relevant staff cost is process, including among young people and overseas estimated at £57,000 per year. electors, and will monitor its effectiveness in improving In addition, the Commission carries out research voter registration. relating to electoral registration fraud, including collecting The Commission evaluated a number of electronic data from police forces about cases. The overall amount voting pilot schemes which took place at English local spent on this research is estimated as £10,000 per year. government elections between 2002 and 2007. The Commission concluded that while remote electronic Chris Ruane: To ask the hon. Member for South voting improved convenience for some voters, overall West Devon, representing the Speaker’s Committee on the pilot schemes had a minimal impact on turnout. the Electoral Commission, what progress the Electoral The majority of those voting electronically indicated Commission has made in increasing voter registration that they were likely to have voted in any case by rates; and if he will make a statement. [182314] another method. The Commission has recommended that new electronic Mr Streeter: Electoral Registration Officers (EROs) voting technologies should not be pursued further until are responsible for maintaining the electoral register in their security, reliability and cost-effectiveness have been their local areas. The Electoral Commission supports fully tested and assessed. them in this work in a number of ways, including by targeting its performance standards to help ensure that Electoral Register they understand the particular challenges in their registration area and develop plans to address these and Chris Ruane: To ask the hon. Member for South West improve registration rates. Devon, representing the Speaker’s Committee on the The Electoral Commission also runs campaigns to Electoral Commission, what proportion of the Electoral raise public awareness about the need for voters to Commission’s (a) budget, (b) personnel and (c) time register in advance of each electoral event. In advance is allocated to (i) increasing registration of previously of the elections this May, the Commission will run a unregistered voters and (ii) combating electoral registration campaign encouraging people to register to vote by the fraud. [182313] deadline of 6 May. This will use media that is targeted at the under-registered groups identified through research, Mr Streeter: The Electoral Commission informs me which include young people, recent homemovers, people that it does not collect its management information in living in private rented accommodation and from BME such a way that it can provide exactly the information communities. requested. The Commission’s most recent research into the accuracy However, the Commission can confirm that it does a and completeness of the April 2011 electoral registers in significant amount of work to raise awareness among Great Britain found them to be 85% accurate and 82% voters of the need to register. complete. For its work in this area, the Commission employs a campaigns team of five staff (4.5 fte), with a budget of Chris Ruane: To ask the hon. Member for South West £204,000. This team leads on all of the Commission’s Devon, representing the Speaker’s Committee on the public awareness campaigns. The additional budget for Electoral Commission, what assessment the Electoral each specific public awareness campaign varies depending Commission has made of the registration drives organised on the poll or the registration event that is taking place. by (a) Bite the Ballot, (b) Operation Black Vote and For example, the public awareness campaign to support (c) other groups in civil society. [185881] the introduction of individual electoral registration (IER) costs £8.765 million between 2013-14 and 2015-16 and Mr Streeter: The Electoral Commission informs me the campaign for the May 2015 elections is expected to that it makes no formal assessments of other groups’ cost £3.09 million. registration drives. It does, however, provide support to The Commission has also carried out voter registration them through the provision of registration forms, research in previous years and has allocated a budget of downloadable campaign materials such as posters and £85,000 in 2013-14 for this work. The Commission banners, and social media promotion for specific campaigns, expect this to continue in future years. such as Bite the Ballot’s National Register to Vote Day. The Commission also supports electoral registration officers (EROs) by providing guidance and resources Chris Ruane: To ask the hon. Member for South and by targeting its performance standards to help ensure West Devon, representing the Speaker’s Committee on that they understand the particular challenges in their the Electoral Commission, what (a) meetings and (b) registration area, and are taking steps to address these. correspondence the Electoral Commission has had The majority of this work is delivered by the with Experian on voter under registration in each of Commission’s Guidance and Performance team and the last six years. [185888] staff from its Scotland, Wales and English regional offices. These staff have a range of other responsibilities Mr Streeter: The Electoral Commission informs me and their time spent on electoral registration and fraud that ahead of the 2010 UK parliamentary election, it is estimated to cost £365,000 per year. worked with Experian and the Central Office of 83W Written Answers10 MARCH 2014 Written Answers 84W

Information on a public awareness campaign to target In March 2014, the Commission will make a final people who had recently moved house. The Commission assessment of performance for 2013, including an utilised data provided by Experian to contact home assessment of performance against performance standard movers. 3, and will report on its conclusions. In addition, representatives from the Commission met with Experian in March 2011 to discuss a project Chris Ruane: To ask the hon. Member for South West undertaken by them to identify gaps and inconsistencies Devon, representing the Speaker’s Committee on the in the electoral register using external datasets. Electoral Commission what discussions the Electoral Commission has had with the Electoral Registration Chris Ruane: To ask the hon. Member for South West Officer on measures to improve levels of electoral Devon, representing the Speaker’s Committee on the registration. [186093] Electoral Commission, whether the Electoral Commission has had discussions with churches and religious denominations in the UK about the importance of Mr Streeter: The Electoral Commission informs me electoral registration. [185898] that it sets standards for and provides guidance and resources to Electoral Registration Officers (EROs) to Mr Streeter: Electoral registration is delivered by support their efforts to increase voter registration. electoral registration officers (EROs). The Electoral In September 2013, the commission published new Commission’s guidance for EROs encourages them to performance standards which are designed to support work closely with groups including churches, religious EROs in preparing for and delivering the transition to denominations and other organisations who can have individual electoral registration (IER). The standards particularly effective reach into groups of under-registered have been endorsed by the UK Electoral Advisory individuals and those who are most likely to be unconfirmed Board—membership of which includes the regional as part of the roll out of individual electoral registration returning officer for each electoral region in the UK— (IER). This guidance includes templates to assist local ensuring that they reflect a shared understanding across authorities to contact a wide range of community groups. the The commission’s ongoing programme of engagement electoral community of what EROs should be doing. to increase voters’ awareness of IER will include The standards help to ensure that EROs understand the communications with faith groups and relevant religious particular challenges in their area, and are taking steps organisations. to address these. Chris Ruane: To ask the hon. Member for South The commission will keep EROs’ plans and strategies West Devon, representing the Speaker’s Committee on to engage with electors under regular review throughout the Electoral Commission, what action the Electoral the transition, supplying feedback to all EROs and their Commission has taken against local authorities which teams, and providing additional support for those identified have failed performance standard three for electoral as requiring it. registration officers (house-to-house enquiries). [185971] To support the transition to individual electoral registration (IER), the commission will also be providing Mr Streeter: The Electoral Commission informs me EROs with template leaflets, letters, digital advertisements that performance standard 3 aims to ensure that Electoral and posters for use as part of their local public engagement Registration Officers (EROs) make the necessary house- work. to-house inquiries to ensure that all eligible residents are registered, in line with their legal duty to maintain the electoral registers. Chris Ruane: To ask the hon. Member for South West Devon, representing the Speaker’s Committee on the The Commission required all EROs to report on their Electoral Commission, what assessment the Electoral performance prior to the start of the 2013 postponed Commission has made of the value for money of electoral canvass and to confirm that arrangements were in place registration drives carried out by (a) political parties, for the necessary house to house inquiries to be carried (b) civic society and (c) the Electoral Commission. out. As part of this, the Commission required all EROs [186094] who were not meeting the standards in 2012, including the 30 EROs who did not meet performance standard 3, to provide supporting evidence to the Commission to Mr Streeter: The Electoral Commission informs me demonstrate their performance. that it has made no value for money assessments of The Commission has been working with individual electoral registration drives carried out by political parties EROs whose returns and other available information or civic society organisations. It does, however, have indicated that they may not be meeting one or more strict financial procedures in place to ensure value for performance standards to identify and recommend money is gained at each stage of supplier procurement improvements that could be made, with a view to ensuring for its own campaigns. that they take the necessary steps to enable them to Budgets for its campaigns are all ‘zero-based’, meaning meet the performance standards. While the Commission any expenditure must be justified against a specific cannot direct EROs to take steps to meet the standards, need. There is also a ceiling on the total budget for any the Secretary of State does hold a power to direct EROs campaign of the nearest previous equivalent campaign in relation to the discharge of their functions, which can delivered by the commission. Tracking research is also be exercised on a recommendation of the Commission. undertaken to benchmark against previous campaigns To date, no such recommendation or direction has been and to ensure future campaigns are based on past considered appropriate. learnings. 85W Written Answers10 MARCH 2014 Written Answers 86W

Chris Ruane: To ask the hon. Member for South Case outcome 2010 2011 2012 2013 West Devon, representing the Speaker’s Committee on the Electoral Commission what contingency plans the No further action 710141 Electoral Commission has to cope with a significant (NFA)—no evidence drop in voter registration as a result of individual NFA—no offence 10 8 37 3 electoral registration. [186099] NFA—not an electoral —213 fraud offence NFA—undetectable 10 6 11 — Mr Streeter: The Electoral Commission informs me Under Investigation 35 22 19 7 that it will continue to monitor electoral registration in Prosecution advice awaited 8 2 1 — Great Britain during the transition to individual electoral Locally resolved/Informal 41023 registration (IER) from 2014 to 2016. police advice given The commission will use data and analysis about any Caution 4 1 5 — changes to levels of registration to identify new or Court proceedings initiated 2 — 2 — additional actions that Electoral Registration Officers Acquitted — — 1 — should take, and to inform the development of the Convicted — 1 — — commission’s own public awareness activity. Other (including passed to 1214 another force) The commission will also report in mid-2015 in order Total 81 64 95 21 to inform a ministerial decision on whether the end date for the transition to IER should be moved forward from The Commission has also carried out public opinion December 2016 to December 2015, taking into account research on concerns about electoral fraud, and has evidence about any changes to registration levels. asked people in its annual winter tracker survey whether they think registering to vote is safe from fraud since Chris Ruane: To ask the hon. Member for South West 2010. The proportion of people who said that they were Devon, representing the Speaker’s Committee on the concerned about electoral registration fraud each year Electoral Commission how much the Electoral Commission is set out in the following table: spent on estimating the number of unregistered voters in each of the last five years. [190171] Percentage As at December: Mr Streeter: The commission refers the hon. Member 2010 2011 2012 to the answer to his previous question (185891) which Very safe 22 23 23 outlined the amount spent on research focusing on Fairly safe 57 58 55 under registration. Neither safe nor unsafe 10 6 7 Fairly unsafe 7 8 8 Chris Ruane: To ask the hon. Member for South Very unsafe 2 2 3 West Devon, representing the Speaker’s Committee on Do not know 3 4 3 the Electoral Commission if the Electoral Commission Safe 79 80 78 will publish its correspondence with the hon. Member Unsafe 9 10 11 for Vale of Clwyd on the increase in the estimated number of unregistered voters. [190172] More generally, the winter tracker survey has found that the percentage that think electoral fraud is a problem Mr Streeter: The Electoral Commission informs me has fluctuated at around one-third (36% said it was a that copies of this correspondence will be sent to the problem in December 2012). Data from these surveys hon. Member. The commission does not routinely publish are available on the Commission’s website at: correspondence with hon. Members, as these can often http://www.electoralcommission.org.uk/our-work/our-research/ relate to sensitive constituency matters. public-opinion-surveys

Electoral Register: Fraud Electorate

Chris Ruane: To ask the hon. Member for South Chris Ruane: To ask the hon. Member for South West West Devon, representing the Speaker’s Committee on Devon, representing the Speaker’s Committee on the the Electoral Commission, what estimate the Electoral Electoral Commission, what research the Electoral Commission has made of the (a) number of successful Commission has conducted on the potential effect of prosecutions for electoral registration fraud and (b) requirements for proof of identify by voters on (a) public perception of electoral registration fraud in each electoral registration rates and (b) electoral turnout; year for which data is available. [182369] and if he will place in the Library copies of that research. [182370] Mr Streeter: The Electoral Commission informs me that it regularly publishes data reported by UK police Mr Streeter: The Electoral Commission informs me forces about cases of alleged electoral fraud. These data that it has carried out research with the public on the are collected from each police force every month and potential impact of requiring people to provide information recorded by the Association of Chief Police Officers to verify their identity when applying to register to vote. National Police Coordination Centre. The most recent research carried out in December 2012 Data about the outcome of cases of alleged electoral found that: registration fraud since 2010, accurate as at December 95% of people said it would be easy for them to find their 2013, are set out in the following table. national insurance number if they needed it for official purposes. 87W Written Answers10 MARCH 2014 Written Answers 88W

81% of people said that a requirement to provide a national Mr Streeter: The Electoral Commission informs me insurance number would either make no difference to their likelihood that it holds turnout data for (a) postal and (b) non-postal to register to vote, or that it would make them more likely to do voters for the following elections: so. 92% of people said that being required to provide their date of Postal voter turnout In-person (non- birth would either have no impact or increase the likelihood of (% postal ballots postal voter) them registering to vote. Election returned) turnout

92% of people said that being required to provide their signature 2013 English local elections 67.1 25.0 would either have no impact or increase the likelihood of them 2012 Police and crime 48.2 9.2 registering to vote. commissioner elections In Northern Ireland, where voters are required to 2012 English local elections 68.0 24.2 present photo ID at the polling station, the Commission’s 2012 Greater London 68.8 34.4 2009 post-poll public opinion survey found that 100% Authority elections of respondents experienced no difficulty with presenting 2012 Scottish local elections 69.7 34.9 ID. 2012 Welsh local elections 68.2 33.0 2011 Parliamentary voting 71.9 37.5 The survey also found that the vast majority of system referendum non-voters said the requirement to present ID at the 2011 English local elections 72.8 36.7 polling station would have made no difference to their 2011 Scottish Parliament 77.0 47.0 decision to vote (87%). 7% reported that it would make elections them less likely to vote and 6% more likely. 2011 National Assembly for 71.1 35.8 Data from these surveys are available on the Wales elections 2010 UK parliamentary 83.2 62.6 Commission’s website at: general election http://www.electoralcommission.org.uk/our-work/our- 2010 English local elections 80.9 59.7 research/public-opinion-surveys 2009 European Parliament 64.4 30.4 The Commission also contracted the agency Define elections Research and Insight to carry out qualitative research 2009 English local elections 68.7 35.2 with the public into perceptions of electoral fraud. The 2008 English local elections 71.5 28.7 research was carried out in two phases between January 2008 Welsh local elections 71.4 40.7 and May 2013, and included a combination of group 2007 Scottish Parliament 73.5 51.4 elections discussions and individual depth interviews undertaken 2007 National Assembly for 78.2 39.3 in a range of locations across the UK. Wales elections The research focused on people’s understanding of 2006 English local elections1 63 32 and concerns about electoral fraud, including exploring 2005 UK parliamentary 78.6 59.5 the potential impact of requiring electors to show proof general election of their identity when they vote at polling stations in 2004 European Parliament 64.8 34.0 elections2 Great Britain. The research analysis reports are available 1 Mean local authority-level turnout on the Commission’s website at: 2 Calculation based on ballot papers included in the count. Data exclude http://www.electoralcommission.org.uk/find-information-by- electoral regions with all-postal voting. subject/electoral-fraud/electoral-fraud-vulnerabilities-review Further to the review, the Commission intends to carry out further more detailed research and consultation HEALTH on the most appropriate forms of identification which Abortion could be used to verify the identity of voters at polling stations in Great Britain. Jeremy Lefroy: To ask the Secretary of State for Health in what proportion of HSA1 did (a) one or (b) Voting Behaviour both certifying doctors not indicate whether or not they had seen and examined the pregnant woman to Chris Ruane: To ask the hon. Member for South West whom the certificate related in (i) 2011 and (ii) 2012. Devon, representing the Speaker’s Committee on the [190301] Electoral Commission, what research the Electoral Jane Ellison: HSA1 forms are not submitted to the Commission on voter (a) turnout and (b) disengagement Department but are held locally with medical records in the last six years. [185893] for three years. Mr Streeter: The Electoral Commission informs me Jeremy Lefroy: To ask the Secretary of State for that its participation activities focus on registration Health what consideration his Department has given to rather than voter turnout or disengagement. However, the withdrawal of support for independent abortion the Commission does collect and publish detailed data providers in situations where their guidance does not on turnout at all elections. This information is available comply with legislation. [190302] on the Commission’s website. Jane Ellison: The Secretary of State for Health has a Chris Ruane: To ask the hon. Member for South power under section 1(3) of the Abortion Act 1967 to West Devon, representing the Speaker’s Committee on approve independent sector places to perform termination the Electoral Commission, what the voter turnout was of pregnancy. All providers must undertake to, and for (a) postal and (b) non-postal voters in all elections continue to comply with: for which the Electoral Commission holds data. the Abortion Act 1967 and regulations made under the Act— [186083] Abortion Regulations 1991; 89W Written Answers10 MARCH 2014 Written Answers 90W

the requirements set out in regulations under the Health and Excellence technology appraisals and prompt conversations Social Care Act 2008; and about variation and the reasons for variation in the the Required Standard Operating Procedures currently set out system. in Interim Procedures for the Approval of Independent Sector Places for the Termination of Pregnancy. Ian Swales: To ask the Secretary of State for Health what plans he has to work with NHS England to ensure Abortion: Counselling that (a) regional and (b) historical comparisons on the uptake of breast cancer drugs can be made using the Luciana Berger: To ask the Secretary of State for Innovation Scorecard. [190788] Health if his Department plans to introduce guidance for non-statutory pregnancy counselling services. Norman Lamb: The Innovation Scorecard includes [190441] information on a number of drugs recommended in National Institute for Health and Care Excellence (NICE) Jane Ellison: The Government’s Framework for Sexual technology appraisal guidance for the treatment of breast Health Improvement, published in March 2013, made cancer. clear that abortion counselling should be provided by We understand that NHS England is continuing to trained counsellors and that it should be non-judgmental, develop the Innovation Scorecard to increase both the impartial and put patients’ needs first, irrespective of coverage of the medicines and health technologies included the employer of the counsellor. It is for national health and improve the scorecard’s utility as a vehicle to stimulate service providers to ensure that the services they recommend the monitoring of national health service compliance meet this need. with NICE technology appraisals and prompt conversations about variation and the reasons for variation in the All Party Physical Activity Commission system.

John Woodcock: To ask the Secretary of State for Cancer: Drugs Health if he will publish his Department’s evidence to the All Party Commission on Physical Activity. Tessa Munt: To ask the Secretary of State for Health [190584] if he will publish the total expenditure from the Cancer Drugs Fund in each of the last three years. [190264] Jane Ellison: ‘Moving More, Living More’—a document setting out the Government’s approach to helping the Norman Lamb: I refer my hon. Friend to the answer I nation to become more active, as the physical activity gave to the right hon. Member for Chelmsford (Mr Burns) element of the legacy to the 2012 Olympic and Paralympic on 4 March 2014, Official Report, column 768W. Games—was launched on 13 February. A copy of this In addition, NHS England has published a summary document has been sent to the All Party Commission financial report for the Cancer Drugs Fund at end on Physical Activity as evidence, and it has also been December 2013 on its website at: placed in the Library. www.england.nhs.uk/wp-content/uploads/2014/02/cdf-sum- fin-pos.pdf Appendicitis Tom Blenkinsop: To ask the Secretary of State for Jim Shannon: To ask the Secretary of State for Health when the National Institute for Health and Health in how many cases of acute appendicitis (a) the Care Excellence plans to appraise the Abraxane form patient’s appendix has burst and (b) the patient has of protein-bound paclitanel. [190724] died as a result in each of the last five years. [190377] Norman Lamb: Paclitaxel formulated as albumin-bound Jane Ellison: Information on the number of cases of nanoparticles (Abraxane), in combination with gemcitabine, acute appendicitis where the patient’s appendix has for treating previously untreated metastatic adenocarcinoma burst and the patient has died as a result is not collected. of the pancreas has been referred to the National Institute for Health and Care Excellence’s (NICE) technology Breast Cancer appraisal programme. We understand that NICE currently expects to issue guidance to the national health service Ian Swales: To ask the Secretary of State for Health on this topic in January 2015. (1) what discussions he has had with NHS England on ensuring that future iterations of the Innovation Children: Heart Diseases Scorecard are able to record levels of uptake of breast cancer chemoprevention drugs; [190787] Greg Mulholland: To ask the Secretary of State for (2) what discussions he has had with NHS England Health when he was informed that NHS England on overcoming barriers to monitoring uptake of breast would not complete the Congenital Heart Disease cancer chemoprevention drugs. [190789] Review by June 2014. [190536]

Norman Lamb: We have had no such discussions. Jane Ellison: The review is being undertaken by NHS NHS England is committed to developing the Innovation England and they advise that all information relating to Scorecard further, both to increase the coverage of the the review can be found on their website and through a health technologies included, and to improve the scorecard’s fortnightly blog: utility as a vehicle to stimulate the monitoring of NHS www.england.nhs.uk/ourwork/qual-clin-lead/chd/ compliance with National Institute for Health and Care www.england.nhs.uk/publications/blogs/john-holden/ 91W Written Answers10 MARCH 2014 Written Answers 92W

We understand that—following engagement with a We are working with organisations such as the Royal wide range of stakeholders including clinicians, providers College of Paediatrics and Child Health to produce an and patient and public representatives—NHS England e-portal which will provide information and training expect to publish draft service standards for consultation about mental health online for people who work with over the summer. Once finalised, these standards will children, which is likely to include material specific to form the basis of NHS England’s commissioning of eating disorders. these services in 2015-16. We are also exploring with internet security companies, The new Congenital Heart Disease review team are charities and other Government Departments how best using the NHS England website and their blog to keep to protect children and young people from harmful everyone up to date with their estimates on timing. For internet content related to eating disorders. example, this NHS England Board paper was published Count of finished admission episodes (FAE) with a primary diagnosis on the website ahead of a Board meeting of 24 January of eating disorder in England, 2010-11 to 2012-13, activity in English 2014: NHS hospitals and English NHS commissioned activity in the www.england.nhs.uk/wp-content/uploads/2014/01/item7d- independent sector board-0114.pdf Total FAEs 2010-11 1,963 Crime Prevention: Young People 2011-12 2,287 2012-13 2,381 Luciana Berger: To ask the Secretary of State for Notes: Health what communications his Department has 1. Finished admission episodes made to (a) local authorities in England and (b) A finished admission episode (FAEs) is the first period of in-patient care under one consultant within one health care provider. FAEs are health and wellbeing boards about the Government’s counted against the year or month in which the admission episode Ending Gang and Youth Violence programme. [190798] finishes. Admissions do not represent the number of in-patients, as a person may have more than one admission within the period. Jane Ellison: I refer the hon. Member to my reply of 2. Primary diagnosis The primary diagnosis is the first of up to 20 (14 from 2002-03 to 10 February 2014, Official Record, columns 448-49W. 2006-07 and seven prior to 2002-03) diagnosis fields in the hospital “Violence and health and wellbeing boards, A practical episode statistics (HES) data set and provides the main reason why guide for health and wellbeing boards”, was published the patient was admitted to hospital. 3. ICD-10 codes on 27 February 2014. A copy has been placed in the The following ICD-10 version 4 code were used to identify Eating Library. Disorders: F50. Source: Depressive Illnesses Hospital Episode Statistics (HES), Health and Social Care Information Centre.

Chris Ruane: To ask the Secretary of State for Health Female Genital Mutilation what recent assessment he has made of the effectiveness of (a) anti-depressants and (b) mindfulness-based Helen Jones: To ask the Secretary of State for Health treatment in (i) curing and (ii) suppressing depression. what steps he is taking to ensure that health workers [190097] identify girls at risk of female genital mutilation and refer them to social services for a safeguarding plan to Norman Lamb: The Department has made no such be put in place. [190519] assessment. However, the National Institute for Health and Care Excellence has made recommendations on the use of antidepressants and mindfulness-based therapies Jane Ellison: On 6 February, the Department announced as a psychological intervention for the prevention of that from April 2014, for the first time ever, all national relapse in depression within its clinical guideline ‘Depression: health service acute hospitals must provide information the treatment and management of depression in adults’ on patients who have undergone female genital mutilation. (CG90), published in 2009. These include the need to The Department is working with NHS England and review treatment options with patients and discuss other partners to develop materials to support NHS treatments with them to reduce the risk of recurrence. staff to better identify girls at risk of female genital mutilation (FGM). The Department is also working Eating Disorders with NHS England and the relevant Royal Colleges on training for health professionals about FGM. Jim Shannon: To ask the Secretary of State for Health The Department is in the early stages of work with how many people in the UK were diagnosed with an the Department for Education with regard to social eating disorder in each of the last three years. [190381] service referrals on FGM, and will make further announcements on this in due course. Norman Lamb: Information is not held on the number of people diagnosed with an eating disorder. The following Health Services: Learning Disability table shows the number of admissions in England for the last three years with a primary diagnosis of eating Grahame M. Morris: To ask the Secretary of State disorder. for Health what mechanisms his Department has put in We take the issue of eating disorders very seriously, place to assess whether health commissioners are especially among young people, and we note that the paying learning disability services a fee that reflects the overall number of admissions are rising. cost of the service that they provide. [190341] 93W Written Answers10 MARCH 2014 Written Answers 94W

Norman Lamb: Learning disability services are subject (excluding those on blood donors), most of which are to local price setting. When setting local prices performed in either GUM clinics or antenatal care commissioners should ensure that health care services services1. provided are in the best interests of patients. They must Further improvement of HIV testing provision is a promote transparency to improve accountability and high public health priority. Comprehensive public health encourage the sharing of best practice. Providers and surveillance data show that the HIV infection is not commissioners must engage constructively with each evenly spread across the UK. Given this situation it is other when agreeing local payments and must have uncertain whether a universal screening programme regard for the national tariff efficiency and cost uplift which would test the whole population would represent factors when agreeing local prices. an appropriate response. The rules on local pricing around local price setting The Department has asked the UK NSC to review are set out in section 7.4 of the ‘2014/15 National Tariff the evidence for a universal HIV screening programme Payment System’, published by on 17 December at: in adults as this has not been carried out before. The www.monitor.gov.uk/NT UK NSC expects to consult on the review in early 2015. 1 Health Protection Agency. HIV in the UK 2011 report. November Heart Diseases 2011: www.hpa.org.uk/webc/HPAwebFile/HPAweb_C/1317131685847

Mr Nicholas Brown: To ask the Secretary of State for Mr O’Brien: To ask the Secretary of State for Health Health when he plans to make a statement on the if he will introduce a patient experience survey for outcome of the new congenital heart disease review. people receiving NHS treatment for HIV. [190290] [190090] Dr Poulter: There are no plans at the present time to Jane Ellison: The review is being undertaken by NHS introduce a patient experience survey specifically for England and they advise that all information relating to people receiving NHS treatment for HIV. However, the review can be found on their website and through a there is a wide-ranging programme of patient experience fortnightly blog: surveys and other feedback mechanisms managed by www.england.nhs.uk/ourwork/qual-clin-lead/chd/ the Care Quality Commission and NHS England. The www.england.nhs.uk/publications/blogs/john-holden/ experiences of patients, including those receiving treatment We understand that—following engagement with a for HIV,will be captured by such mechanisms, in particular wide range of stakeholders including clinicians, providers the Friends and Family Test (FFT). FFT will be rolled and patient and public representatives—NHS England out to all NHS services by the end of March 2015. expect to publish draft service standards for consultation over the summer. Once finalised, these standards will Meningitis: Vaccination form the basis of NHS England’s commissioning of these services in 2015-16. Luciana Berger: To ask the Secretary of State for Health whether he has received advice from the Joint HIV Infection Committee on Vaccination and Immunisation following its meeting on 11 February 2014 regarding the introduction Pamela Nash: To ask the Secretary of State for Health of a meningitis B vaccination programme on the NHS. what representations he has received from the National [190797] Screening Committee on evidence for increased routine HIV testing in high prevalence areas. [190246] Alison Seabeck: To ask the Secretary of State for Health whether he has received advice from the Joint Jane Ellison: Recommendations for HIV screening Committee on Vaccination and Immunisation regarding and testing are made by a number of bodies including the introduction of a meningitis B vaccination programme Public Health England, the National Institute for Health in the NHS since 11 February 2014. [190663] and Care Excellence (NICE), the United Kingdom Chief Medical Officer’s Expert Advisory Group on Jane Ellison: We are awaiting final advice from the AIDS, the UK National Screening Committee (UK Joint Committee on Vaccination and Immunisation NSC), and professional organisations such as the British (JCVI) about the use of the meningococcal B vaccine, HIV Association and the British Association for Sexual Bexsero®. Health and HIV. The JCVI is due to report back by 26 March 2014 at the latest, having reviewed additional evidence at its At present there is a national antenatal screening meeting last month. programme which offers screening to all pregnant women. NICE guidelines for most at risk groups (men who have We will then respond to any JCVI recommendation sex with men and black African communities) recommend as quickly as possible. large scale HIV testing in primary and secondary care under certain circumstances, such as in areas of higher Mental Health prevalence. In addition, HIV testing is offered to all attendees of genitourinary medicine (GUM) clinics. Luciana Berger: To ask the Secretary of State for The current approach is made up of a range of Health (1) what assessment his Department has made testing strategies combined with promotion through of (a) the number of people in the UK suffering from outreach to communities most at-risk of HIV infection. (i) loneliness and (ii) chronic loneliness and (b) the cost Around two million HIV tests are undertaken annually to the NHS of such conditions; [190439] 95W Written Answers10 MARCH 2014 Written Answers 96W

(2) what assessment his Department has made of the published in January this year sets out a priority on effect of loneliness on (a) life expectancy, (b) cardiovascular maternal mental health during pregnancy and after disease, (c) dementia and (d) recovery from illness. birth including postnatal depression. [190440] The priorities in ‘Closing the Gap’ and the wider programme of activity in support of delivery of the Norman Lamb: The Department has not undertaken priorities are for women of all ages, where applicable, an assessment of the effect of loneliness. We do know and includes a specific priority around tackling inequalities that loneliness has a very negative impact on health— to mental health services. A copy of ‘Closing the Gap’ research identified by the Campaign to End Loneliness has been placed in the Library. has demonstrated that social relationships have an effect on mortality that is similar in size to smoking 15 cigarettes aday. Muscular Dystrophy The Department is raising awareness of the issue and helping local health and wellbeing boards and commissioners to get better at measuring the issue in Dr Fox: To ask the Secretary of State for Health (1) their local communities. This will help them come up pursuant to the answer of 21 January 2014, Official with the right targeted solutions, and drive local Report, column 143W, on muscular dystrophy, what improvements that really make a difference. clinical definition of (a) muscular dystrophy and (b) mitochondrial myopathy he used to prepare his answer; Mental Health Services and what the evidential basis is for consideration of mitochondrial myopathy to be a form of muscular Luciana Berger: To ask the Secretary of State for dystrophy; [190143] Health (1) what steps his Department is taking to (2) regarding those cases of muscular dystrophy that ensure that a wide range of psychological therapies is he stated are new techniques, which of the genes or accessible to people with multiple and complex needs; genetic loci associated with muscular dystrophy in the [190848] Mendelian Inheritance in Man database map to the (2) what plans his Department has to fund research mitochondrial genome; [190144] into the effectiveness of psychological therapies for (3) what proportion of cases of muscular dystrophy people with multiple and complex needs. [190850] are caused by mitochondrial DNA abnormalities every year; and what estimate he has made of the proportion Norman Lamb: Over £400 million is being invested of cases of serious muscular dystrophy caused by over the spending review period to make a choice of mitochondrial DNA abnormalities that will be psychological therapies available for those who need prevented each year by new techniques which aim to them, including those with complex and multiple needs, prevent mitochondrial disorders. [190145] in all parts of England. The Department’s National Institute for Health Research (NIHR) is funding a range of research relating to Mark Durkan: To ask the Secretary of State for psychological therapies for people with multiple and Health (1) pursuant to the answer of 21 January 2014, complex needs. This includes a revision of the Cochrane Official Report, column 145W, on muscular dystrophy, review of psychosocial interventions for people with and in relation to the mitochondrial abnormalities that both severe mental illness and substance misuse. Research are alleged to cause muscular dystrophy, how muscular to evaluate individual psychological interventions for dystrophy is defined clinically; how mitochondrial myopathy anxiety and substance misuse linked to bipolar disorder is defined clinically; and on what basis mitochondrial is included within a £2.1 million programme of NIHR- myopathy is considered to be a form of muscular dystrophy; funded research on bipolar disorder led by Manchester [190393] Mental Health and Social Care Trust. (2) pursuant to the answer of 21 January 2014, NHS England is running a series of pilot programmes Official Report, column 145W, on muscular dystrophy, to expand or improve Improving Access to Psychological and in relation to those cases of muscular dystrophy Therapies services for people with severe mental illness, that are alleged to be caused by mitochondrial DNA long-term conditions, black and minority ethnic (BME) abnormalities that could be prevented by new in-vitro groups and older people. fertilisation techniques, what proportion of cases of We are also investing in improving provision for muscular dystrophy are caused by mitochondrial DNA children and young people, older people and carers, abnormalities per year; and what proportion of cases of people from BME groups, people with long-term physical serious muscular dystrophy caused by mitochondrial health problems and those with severe mental illness. DNA abnormalities are expected to be prevented each year by new techniques which aim to prevent mitochondrial Mental Health: Females disorders; [190394] (3) pursuant to the answer of 21 January 2014, Luciana Berger: To ask the Secretary of State for Official Report, column 145W, on muscular dystrophy, Health what steps his Department is taking to improve and in relation to those cases of muscular dystrophy the mental health of women. [190849] that are alleged to be caused by mitochondrial DNA abnormalities that could be prevented by new in-vitro Norman Lamb: Improving diagnosis and services for fertilisation techniques, which of the genes or genetic women with pregnancy-related mental health problems loci associated with muscular dystrophy in the Mendelian is one of the Department’s objectives for maternity Inheritance in Man database map to the mitochondrial care. Our mental health action plan, ‘Closing the Gap’, genome. [190395] 97W Written Answers10 MARCH 2014 Written Answers 98W

Jane Ellison: In preparing written answers to questions The NIHR Clinical Research Network provides a on the use on mitochondrial donation techniques to single point of contact for industry studies, offers centralised prevent the transfer of a serious mitochondrial disease/ and co-ordinated study feasibility assessment, and support including conditions that result in loss of muscle with patient recruitment. co-ordination, muscle weakness and malfunction of the neuromuscular system, advice has been sought from NHS England The and the Muscular Dystrophy Campaign. As my right hon. Friend and the hon. Tessa Munt: To ask the Secretary of State for Health Member may be aware, the Muscular Dystrophy Campaign what organisations outside NHS England provide has expressed firm support for allowing the use of administrative or research support to NHS England. mitochondrial donation techniques in clinical practice. [190182] Muscular dystrophies are a group of muscle diseases that weaken the musculoskeletal system and limit Jane Ellison: NHS England has advised that the movement. There are a number of different causes information is not held in the form requested, due to the including abnormalities of structural proteins, for example wide range of activities that could be considered Duchenne Muscular Dystrophy, and mitochondrial administrative or research support. abnormalities. Thus mitochondrial abnormalities can It is not possible to provide a comprehensive list cause muscular dystrophy but there are many other because there is not a single ’administrative spend’ causes. category within NHS England’s finance data. However, With regard to the muscular conditions that result a list of the principal organisations that are contracted from mutations in the mitochondrial DNA, there are to provide outsourced administrative services to NHS many different mitochondrial gene defects that are a England is shown in the following table: cause of mitochondrial myopathy.Moreover, mitochondrial DNA is inherited only from the mother, therefore, Organisations Administrative service mitochondrial diseases do not show simple types of NHS Shared Business Services Financial transaction services inheritance. SERCO Financial transaction services Only those cases of muscular dystrophy caused by CGIT UK Payroll mitochondrial DNA abnormalities could be prevented NHS Shared Business Services Procurement Support and by the new techniques. Human Resource Transaction The Online Mendelian Inheritance in Man database service does not simply list syndromes that are due to mutations Health and Social Care Frontline Support—Contact in mitochondrial DNA. Some entries contain both Information Centre Centre mitochondrial and nuclear-encoded phenotypes, Note: This information relates to expenditure in 2013-14. complicating identification of relevant conditions, compounded by uncertainty as to what the term “muscular NHS England has not contracted with any outside dystrophy-like syndromes” might encompass, given that organisations for research. NHS England works closely many of the clinical symptoms include effects on other with NHS Improving Quality, which is one of its hosted tissues, such as the brain or kidney, in addition to organisations and co-operates with the Academic Health muscle. Science Networks, but has issued no contracts for research with them. The Wellcome Centre for Mitochondrial Research at Newcastle university recently updated their estimate NHS Property Services and now consider that, initially, 10 to 20 families per year might be assisted by the mitochondrial donation techniques. However, we are not able to estimate how Charlotte Leslie: To ask the Secretary of State for many of these cases would involve conditions affecting Health for what reasons the chairman of NHS the major muscle groups. Property Services has not yet been appointed. [190512] Dr Poulter: The campaign to appoint a chair to NHS Naltrexone Property Services has not yet been completed. As is consistent with the Commissioner for Public Appointments Tom Blenkinsop: To ask the Secretary of State for ″Code of Practice for Ministerial Appointments to Health if his Department will take steps in partnership Public Bodies″ Ministers have arranged to meet the with pharmaceutical companies to fund clinical trials candidates and a decision will be made in due course. to assess the effectiveness of low dose naltrexone in providing relief to patients with autoimmune diseases NHS: Freedom of Information and central nervous system disorders. [190731] Charlotte Leslie: To ask the Secretary of State for Dr Poulter: The Department’s National Institute for Health which organisation is responsible for responding Health Research (NIHR) manages the Efficacy and to requests under the Freedom of Information Act 2000 Mechanism Evaluation programme, which is funded by about issues which formerly fell under the remit of the Medical Research Council and the NIHR. University- strategic health authorities. [190569] based researchers can apply to this programme for funding for the evaluation of the clinical efficacy of Jane Ellison: The Health and Social Care Act (2012) treatments, including the use of low dose naltrexone. If transferred the functions previously performed by strategic evidence from such evaluations is promising, larger health authorities (SHAs) to a number of organisations scale trials can follow. in the new health and care system. 99W Written Answers10 MARCH 2014 Written Answers 100W

Where a function was transferred, all current and England has identified where community pharmacies historic information relating to that function also transferred can contribute during the winter period. This includes to the organisation now responsible for delivering it. supporting self-care for common ailments. NHS England There is no single organisation responsible for answering is conducting a review of Urgent and Emergency Care requests made under the Freedom of Information Act led by Sir Bruce Keogh. The contribution of a common for information previously held by SHAs, as a number ailments service will be considered as part of this review. of different bodies now carry out these functions. Clinical commissioning groups are able to commission The Department is responsible for answering requests common ailments services in their area, in order to meet relating to corporate and historic matters of SHAs the health needs of their local population. which have not transferred to another body in the system. Pharmacy: Crime

NHS: Technology Oliver Colvile: To ask the Secretary of State for Health when he plans to remove strict liability on single Jim Shannon: To ask the Secretary of State for Health dispensing errors from pharmacists. [190296] (1) what plans he has to introduce SensiumVitals patches in NHS hospitals; [190376] Norman Lamb: The Rebalancing Medicines Legislation (2) what plans he has to make 3G implants for and Pharmacy Regulation Programme Board has developed children with a heart condition available to NHS proposals to exempt registered pharmacists and registered patients. [190383] pharmacy technicians from the criminal sanction for dispensing errors. We plan to consult on a draft section Norman Lamb: The SensiumVitals medical sensor 60 order, to effect these changes, shortly. We are committed patch and the Reveal LINQ 3G heart monitoring implant to seeking to complete the legislative process during this are new innovations in medical technology. The decision Parliament. to procure such devices for use in the national health Prescription Drugs service would be a matter for local commissioners and providers, taking into account the evidence of their clinical and cost-effectiveness. Andrew Griffiths: To ask the Secretary of State for Health how many prescriptions for (a) methlphenidate, Pancreatic Cancer (b) benzodiazepines, (c) morphine sulphate and (d) oxycodone were issued in (i) the UK, (ii) England, (iii) Scotland, (iv) Wales, (v) Northern Ireland, (vi) each Tom Blenkinsop: To ask the Secretary of State for English local authority and (vii) each Welsh local authority Health pursuant to the answer of 27 February 2014, area in each of the last five years. [190546] Official Report, column 460W, on cancer: drugs, for what reasons NHS England did not place Abraxane for Norman Lamb: Information has been placed in the the treatment of advanced adenocarcinoma of the Library. pancreas on the national list of Cancer Drugs Fund cohort policies. [190790] The Department does not hold information on the number of prescriptions issued, only the number of Norman Lamb: NHS England’s Cancer Drugs Fund prescription items dispensed. In addition, information panel considered including Abraxane on the national is only held on prescribing activity for England. Dispensed Cancer Drugs Fund cohort policies list for this indication prescription activity is usually apportioned to health in July 2013. We understand it rejected the application bodies rather than local government, therefore information on the basis that the absolute clinical improvements is provided by primary care trusts and now by clinical were small and came with significantly increased toxicity. commissioning groups. The five-year period requested has been interpreted as the five most recent available NHS England’s Cancer Drugs Fund clinical panel is full financial years, for which information is only available reviewing its earlier decision not to add Abraxane to its for the four years 2009-10 to 2012-13. national list of cohort policies in light of new evidence submitted by the manufacturer and will make its decision Procurement known shortly. Full details of NHS England’s decisions are available Paul Burstow: To ask the Secretary of State for Health at: what discussions officials in his Department have had www.england.nhs.uk/ourwork/pe/cdf/cdf-drug-sum/ with his Department’s arm’s length bodies since 1 January 2014 on raising new purchase orders in the current Pharmacy financial year; what the content of those discussions was; and if he will make a statement. [190063] Oliver Colvile: To ask the Secretary of State for Health if he will make it his policy that pharmacies Dr Poulter: The Department operates a range of deliver a common ailments service. [190295] controls to ensure that commitments which are entered into deliver against departmental priorities and represent Norman Lamb: NHS England is responsible for the value for money. In order to deliver against a challenging commissioning of NHS pharmaceutical services. It is budgetary position, in January the Department reaffirmed for NHS England to decide if a common ailments the need to look critically at all new commitments. No service should be included. Through their document formal communications were issued to our arm’s length ‘Community pharmacy—Helping with winter pressures’, bodies (ALBs) but their Directors of Finance were told a copy of which has been placed in the Library, NHS of the steps being taken within the Department and 101W Written Answers10 MARCH 2014 Written Answers 102W asked to consider the consistency of their own arrangements. Skin Cancer To note, none of the aforementioned involves front line national health service spending. The Department’s Stephen Gilbert: To ask the Secretary of State for Procurement Centre of Expertise (PCoE) has no direct Health (1) how many patients with late-stage melanoma involvement in the raising of purchase orders within have received Ipilimumab as a second-line treatment ALBs. However, PCoE does review and comment on following unsuccessful treatment with the first-line drug business cases for professional services as part of the Dacarbazine in (a) St Austell and Newquay constituency, Cabinet Office efficiency controls. No changes to that (b) Cornwall and (c) England in each of the last five process have been made over recent months with any years; [190793] cases received being dealt with in the usual manner. (2) how many people aged 15 to 34 have been Respiratory Diseases diagnosed with advanced melanoma in (a) St Austell and Newquay constituency, (b) Cornwall and (c) Paul Burstow: To ask the Secretary of State for England; and how many such people have received (i) Health how many people are on (a) invasive and (b) Dacarbazine and (ii) Ipilimumab. [190794] non-invasive ventilation; and if he will make a statement. [190071] Norman Lamb: Information is not collected by the Department on the number of patients receiving particular Jane Ellison: The information is not available in the medicines or details of the medical condition treated by format requested. the medicines. In the following table, we have provided information The following table provides the number of newly concerning the number of finished consultant episodes diagnosed cases of malignant melanoma of skin for (FCEs) with a primary or secondary procedure of invasive Cornwall local authority and England, for persons aged or non-invasive ventilation for 2012-13. from 15 to 34 years. Figures for the most recent available year, 2011, have been provided. Type of Ventilation Number of FCEs Number of newly diagnosed cases of malignant melanoma of skin1, persons aged 15-34 years, Cornwall local authority and England, Invasive 45,649 20112,3 Non-invasive 100,611 Registrations Notes: 1. Activity in English NHS Hospitals and English NHS commissioned Cornwall 9 activity in the independent sector. England 814 2. A finished consultant episode (FCE) is a continuous period of 1 For 2011 malignant melanoma skin cancer is coded to C43 in the admitted patient care under one consultant within one health care International Statistical Classification of Disease 10th Revision (ICD-10). provider. FCEs are counted against the year in which they end. 2 Newly diagnosed cases registered in each calendar year. Figures do not represent the number of different patients, as a person 3 Figures for the St Austell and Newquay parliamentary constituency may have more than one episode of care within the same stay in have not been provided, due to the small number of malignant hospital or in different stays in the same year. melanoma diagnoses in this age group. 3. These figures do not represent the number of patients as it is Source: possible for an individual to have one or more episodes of care in any Office for National Statistics, Cancer Registration Statistics. given period. It is also possible that an individual may have an occurrence of both an invasive and non-invasive procedure in one episode. Specialised Services Patient and Public Engagement Source: Steering Group Hospital Episode Statistics (HES); Outpatients, Health and Social Care Information Centre Tessa Munt: To ask the Secretary of State for Health Sexuality (1) pursuant to the answer of 25 February 2014, Official Report, column 279W, on Specialised Services Patient Luciana Berger: To ask the Secretary of State for and Public Engagement Steering Group, how many Health if his Department will publish its assessment of times NHS England’s Patient and Public Engagement the UK Council for Psychotherapy’s February 2014 Steering Group has met since 1 April 2013; and for report on Conversion therapy. [190443] what reason the minutes of those meetings have not yet been agreed to be published; [190252] Norman Lamb: There are no plans to publish an (2) if he will publish a list of all the members of the assessment of the UK Council for Psychotherapy’s Steering Group and the organisations they represent. Joint Statement on Conversion Therapy. [190254] Being lesbian, gay or bisexual is not an illness to be treated or cured. We are therefore concerned about this Dr Poulter: I refer the hon. Member to the written issue of gay to straight conversion therapy. answer I gave her on 25 February 2014, Official Report, The Department is pursuing a number of initiatives column 279W, and provide the following further with the UK Council for Psychotherapy and other information. professional bodies. The Patient and Public Engagement Steering Group On 28 February, following discussions with the (PPESG) for Specialised Services was set up by NHS Department, the UK Council for Psychotherapy produced England to bring patient voice into the organisation a statement opposing gay conversion therapy with the during its transition phase. Its core role has been to help support and assistance of the Royal College of Psychiatrists, ensure that the future model for involving patients and the British Association of Counselling and Psychotherapy, the public with regard to specialised services commissioned the British Psychological Society, the British Psychoanalytic by NHS England is produced by co-design and Council, Stonewall and Pink Therapy. co-production. 103W Written Answers10 MARCH 2014 Written Answers 104W

The group has met six times since April 2013: Support from non-government sources is also available; 23 April 2013; the banks have announced £750 million of support for 10 July 2013; businesses affected and the Business Exchange website 5 September 2013; www.greatbusinessexchange.co.uk/small-business-affected-uk- floods 17 October 2013; has a page to enable businesses that wish to provide 20 November 2013; help to other businesses. 28 January 2014; and In England, the Government has announced a package due to meet 18 March 2014. of support for businesses. A £10 million Business Support The PPESG includes a number of patient organisations Scheme has been established and local authorities have including several focusing on specialised services. However already been advised of an initial allocation of funds. A it was always intended to be an interim arrangement second tranche of funding, reflecting the latest information, pending formal establishment of an on-going mechanism will be allocated shortly. for patient and public voice to be influential across Businesses that have been flooded since December Specialised Commissioning. The PPE Steering Group 2013 will qualify for 100% business rate relief for 3 will cease to exist following its final meeting in March months, regardless of how long they were flooded. 2014. In April 2014, businesses will be able to apply for a After the last meeting of the PPESG in March 2014 new Repair and Renewal Grants of up to £5,000 to the Patient and Public Voice Assurance Group (PPVAG) contribute to work that improves a property’s ability to will formally commence and will continue the work withstand future flooding. started by the PPE Steering group. The PPESG has developed the terms of reference for this new PPVAG. In addition, the Business Support Helpline (0303 456 3565) is able to direct businesses to support available to Open recruitment for PPVAG members has recently businesses in England and can receive one hour of free closed with over 70 applications. It is anticipated that support with a business adviser. the new membership will be in place for April 2014 and is expected to include patient groups, including invited representation, and individual patients and members of Business: Human Rights the public. The PPAVG will be accountable to the NHS England : To ask the Secretary of State for Business, Specialised Commissioning Oversight Group (previously Innovation and Skills what his policy is on amendments known as the Specialised Services Portfolio Board). to the EU proposal to update the accounting directives to include non-financial reporting for large companies Terms of reference for this new group, including that would require companies to report with regard to details of group membership, will be available publically the UN Guiding Principles on Business and Human once they have been ratified. It is NHS England’s Rights. [190240] intention to align openness and transparency arrangements for all directly commissioned services committees and sub-committees and would anticipate making minutes Jenny Willott: I refer the hon. Member to the answer of the meetings publically available once the new group I gave on 24 February 2014, Official Report, column 151W. has been established. Further, NHS England has now recruited over 300 Companies House patient and public voice members to the 74 national Clinical Reference groups that focus on the component Debbie Abrahams: To ask the Secretary of State for areas of specialised services. Business, Innovation and Skills how many companies registered through the Companies House online registration service in each of the last four years were subject to anti-money laundering checks. [190602] BUSINESS, INNOVATION AND SKILLS Michael Fallon: The Registrar of Companies registers Business: Floods companies in accordance with his statutory duty when an appropriate application is made, whether through electronic or paper channels. His statutory role does not Chris Ruane: To ask the Secretary of State for fall within the scope of the anti-money laundering Business, Innovation and Skills what assistance is legislation. available to businesses affected by flooding. [190157] Debbie Abrahams: To ask the Secretary of State for Matthew Hancock: For specific support in Wales, Business, Innovation and Skills what assessment he has businesses should contact the Business Wales Helpline made of the benefits of the potential use of the (0300 060 3000). I am aware that the Welsh Government Companies House online registration service for the is working with Natural Resources Wales and local purpose of money laundering. [190603] authorities on programmes for flood and coastal defence improvements. Michael Fallon: No assessment of the benefits of the Nationally, HMRC and Companies House have schemes potential use of the Companies House online registration in place to support businesses that due to these exceptional service for the purpose of money laundering has been conditions are unable to file their papers or pay their made. The Registrar of Companies registers companies taxes. in accordance with his statutory duties. The law on 105W Written Answers10 MARCH 2014 Written Answers 106W money laundering is a matter for HM Treasury and is what businesses may or may not charge consumers for applied by HM Revenue and Customs and by law bananas. Pricing policies such as these are commercial enforcement agencies. decisions for the trader, and are best left to the market. However, if there is evidence that anti-competitive practices Debbie Abrahams: To ask the Secretary of State for are having a negative impact on the supply chain, this Business, Innovation and Skills how many new should be reported to the Office of Fair Trading (or the companies registered through the Companies House Competition and Markets Authority from 1 April) for online registration service in each of the last four years. consideration. [190604] Internet Michael Fallon: Companies House registers companies electronically through both its own online service (web incorporations, which was implemented on 6 April 2011) Jim Shannon: To ask the Secretary of State for and through various software packages used by third Business, Innovation and Skills what services his party providers (software filing). The number of new Department provides that are (a) available online only companies registered by both these means in each of and (b) planned to move to online only. [190357] the last four years is shown in the following table. Jenny Willott: The information requested is not held Web centrally and could be obtained only at disproportionate Software filing incorporations Total cost. 2010/11 366,051 n/a 366,051 The Department of Business Innovation and Skills 2011/12 365,102 72,339 434,441 has over 200 transactional services spread across a large 2012/13 356,296 114,504 470,800 number of partner organisations. We are currently 2013/14 328,268 141,239 469,507 undertaking a programme of transforming our digital services, in partnership with the Government Digital Copyright, Designs and Patents Act 1988 Services, Cabinet Office, with a keen focus on building five exemplar digital projects in five separate Partner Organisations. One of the key components of this Mr Sutcliffe: To ask the Secretary of State for programme is to ensure that the right level of support is Business, Innovation and Skills if he will bring forward put in place for those who need help to access our legislative proposals to repeal paragraph 6 of schedule services. 1 of the Copyright, Designs and Patents Act 1988. [190269] Leasehold Mr Willetts: The Government currently has no such plans. The Government’s position will be laid out in the Ian Mearns: To ask the Secretary of State for forthcoming consultation on transitional provisions for Business, Innovation and Skills whether consideration the repeal of section 52 of the Copyright, Designs and was given to including schemes to protect leaseholders Patents Act 1988, planned for spring 2014. within the Consumer Rights Bill. [190239]

EU External Trade: USA Jenny Willott: Part 1 of the Consumer Rights Bill will, when enacted, apply where a trader contracts with Mark Hendrick: To ask the Secretary of State for a consumer to provide goods, digital content or services Business, Innovation and Skills how much added within scope. The Department for Communities and income his Department estimates an EU/US free trade Local Government has oversight of a specific legislative agreement would bring to the UK. [189492] regime to protect leaseholders. The content of the Bill was consulted on in 2012 and Michael Fallon: Our research estimates that an ambitious, a draft Bill was published and subject to pre-legislative comprehensive EU/US free trade agreement could boost scrutiny by the Business Innovation and Skills Committee UK national income by up to £10 billion in the long in 2013. These consultations were conducted openly term. and sought views from a large range of interested Fairtrade Initiative: Bananas parties. However, there were no wide-ranging calls for specific provisions for the protection of leaseholders under the Bill. Greg Mulholland: To ask the Secretary of State for Business, Innovation and Skills what his policy is on the Fairtrade Foundation’s Make Bananas Fair Overseas Trade: Ukraine campaign. [190535] Jim Shannon: To ask the Secretary of State for Jenny Willott: The UK Government is a committed Business, Innovation and Skills what the value was of Fairtrade partner and is providing £18 million over six UK (a) exports to and (b) imports from Ukraine in years to help Fairtrade International have a greater each of the last five years. [190380] impact in their work and make the global Fairtrade system stronger. Michael Fallon: Data covering trade in goods and There is evidence that the grocery retail market is services with Ukraine are published annually on a balance currently working well for UK consumers. As such the of payments basis by the Office for National Statistics. Government does not intend to intervene to regulate Data for 2008-2012 are shown in the following table. 107W Written Answers10 MARCH 2014 Written Answers 108W

UK exports to and imports from Ukraine, 2008-12, £ million Mr Willetts: The UK telecoms sector is set up to 2008 2009 2010 2011 2012 provide high levels of resilience, and has comprehensive plans for coping with emergencies. In the event of a Exports Goods 613 587 474 565 596 widespread and sustained power failure, fixed line telephony Exports Services 233 178 220 216 159 is more likely to continue operating than mobile. We are Exports Goods 846 765 694 781 755 and not aware of any significant telecoms incidents in Wales Services during the recent periods of adverse weather although we are aware that localised incidents could have caused some inconvenience for customers. Imports Goods 146 145 283 355 297 Imports Services 227 149 220 105 120 Students: Loans Imports Goods 373 294 503 460 417 and Paul Burstow: To ask the Secretary of State for Services Business, Innovation and Skills pursuant to the answer Source: ONS United Kingdom Balance of Payments The Pink Book 2013 of 10 February 2014, Official Report, column 499W, on further education: older people, if he will publish an Equivalent data for 2013 will be published in October analysis of the age groups accessing advanced learning 2014. loans; and if he will promote the scheme to enable Data on trade in goods only on a merchandised trade younger workers to gain skills from older colleagues. basis are published by HM Revenue and Customs and [190250] are available for 2013. Data for 2009-13 are shown in the following table. Matthew Hancock: Information on the number of UK exports to and imports from Ukraine, 2009-2013, £ million 24+ Advanced Learning Loan applications received 2009 2010 2011 2012 2013 between 8 April 2013 and 31 January 2014 by age group is published online: Exports Goods 545 442 543 581 553 https://www.gov.uk/government/publications/24-advanced- Imports Goods 149 288 362 315 379 learning-loans-application-information-february-2014 Source: 24+ Advanced Learning Loans are available to anyone HMRC Overseas Trade Statistics who is 24+ on the first day of their Level 3 or Level 4 Post Offices course, meeting the personal eligibility criteria and studying at an eligible and funded provider. The way the loan funded courses are delivered is the responsibility of the Daniel Kawczynski: To ask the Secretary of State for individual provider. Business, Innovation and Skills what steps he is taking to encourage Government departments to use the Post Greg Mulholland: To ask the Secretary of State for Office to provide additional services to replace ones Business, Innovation and Skills when his Department being moved solely online or abolished. [190265] expects to implement a system of Islamic student loans. [190664] Jenny Willott: The Government continues to support the Post Office’s ambition to become a front office for Mr Willetts: The Department for Business, Innovation Government services and the company has made significant and Skills has been developing a model alternative progress towards this in recent years in highly competitive finance product which would be Sharia-compliant and and challenging commercial environments. could potentially be offered alongside conventional loans Both the Post Office and this Department are working to students wishing to attend higher education. This hard to identify and secure opportunities, including model finance product has been developed by experts in making use of the framework Front Office Counter Sharia-compliant finance and has received preliminary Services (FOCS) contract that allows Government approval from the Islamic Bank of Britain’s Sharia Departments and Agencies to use the Post Office network supervisory committee. As part of the development to deliver a range of counter services that complement process, the Government will shortly seek opinions online services, particularly where a customer’s identity from the Muslim community, and the wider public, on needs to be verified, or for those who cannot or choose the acceptability of the alternative finance product under not to transact online. consideration. However, it is important to note that the Government Any system for providing Sharia-compliant student cannot simply give work to the Post Office, or any other loans is unlikely to be in operation before 2015 given the company. Contracts must ensure fairness, innovation, complexity associated with implementing a new model and value-for-money for the taxpayer. By winning and for offering loans. retaining key contracts, such as the FOCS contract, the Post Office is demonstrating it can compete on these criteria. JUSTICE Power Failures Commercial Court

Susan Elan Jones: To ask the Secretary of State for Sadiq Khan: To ask the Secretary of State for Justice Business, Innovation and Skills what assessment he has in what proportion of cases heard in the Commercial made of the effects of power cuts on those areas Court in each of the last 10 years one or more of the without mobile phone coverage which are reliant on parties was domiciled or registered outside the analogue services. [190241] jurisdiction. [189932] 109W Written Answers10 MARCH 2014 Written Answers 110W

Mr Vara: The Commercial Court started recording Number of cases the number of cases involving foreign parties in 2008 so no data are available prior to that year. Upto5days 32 Up to 10 days 9 Cases with at Over 10 days 12 least one party whose address is Financial outside England Percentage of Sadiq Khan: To ask the Secretary of State for Justice Year Claims Issued and Wales Foreign Cases what fees are charged for proceedings in the commercial 2008-09 1,076 774 71.93 court. [189967] 2009-10 1,236 929 75.16 2010-11 1,136 929 81.78 Mr Vara: Commercial court fees listed are contained 2011-12 1,144 942 82.34 in the Civil Proceedings Fees (Amendment No. 2) Order 2012-13 1,190 961 80.76 2013 at the following link: http://www.legislation.gov.uk/uksi/2013/1410/pdfs/ uksi_20131410_en.pdf Sadiq Khan: To ask the Secretary of State for Justice what the (a) operating costs were and (b) income was Courts: Television generated by the commercial court in each of the last 10 years. [189936] Sadiq Khan: To ask the Secretary of State for Justice which broadcasters have expressed an interest in Mr Vara: The commercial court operates as part of televising courts; how much he expects to spend on the Queen’s bench Division of the High Court, but televising courts in each of the next five years; and HMCTS does not record separately the cost or income what proportion of the total cost will be paid by the relating to specific types of work delivered in its civil broadcasters. [190214] courts. We therefore cannot separately identify the specific operating costs and income generated by the commercial Mr Vara: The media organisations that are currently court. permitted to film in the Court of Appeal by permission The operating costs for the civil courts in HMCTS of the Lord Chancellor are BBC, BSkyB, ITN and the are published in HMCTS annual report and accounts Press Association. These represent the four largest news which can be found at: gathering organisations in England and Wales, and http://www.justice.gov.uk/publications/corporate-reports/ together provide the vast majority of news media. hmcts These media organisations have met the costs for HMCTS records fee income for the commercial court televising the Court of Appeal to date. They will continue together with that of the admiralty court. We therefore to meet these costs for the duration of three years from cannot separately identify the fee income for the commercial the date that broadcasting commenced, as outlined in court. However, we can confirm the amount received in their agreement with the Secretary of State and Lord fees by the public purse through cases held in the Chancellor. admiralty and commercial court combined which are At the present time it is not possible to outline the provided as follows: expectations for the cost of televising courts beyond the three-year agreement for televising the Court of Appeal. Fee income collected for both Financial year1 admiralty and commercial court (£) Distress Warrants 2005-06 978,467 2006-07 1,211,332 Mr Slaughter: To ask the Secretary of State for 2007-08 1,085,547 Justice what proportion of distress warrants sent to 2008-09 1,465,193 approved enforcement agents are returned uncollected. 2009-10 1.805,184 [190142] 2010-11 1,771,020 2011-12 1,866,377 Mr Vara: Data on the numbers of distress warrants 2012-13 2,296,180 returned uncollected are not collected. Under the existing 1 Information is not available prior to the commencement of HMCS in April 2005. contract the national target is 20% of cases to be fully paid within 180 days. Distress warrants are used for Sadiq Khan: To ask the Secretary of State for Justice offenders who wilfully do not engage with the court to how many Commercial Court proceedings lasted (a) pay their fines and as a result are harder to collect. one, (b) up to five, (c) up to 10 and (d) over 10 days in The performance for this financial year to December the latest period for which figures are available. 2013 is 22.78%. [189941] The approved enforcement agents return cases for several reasons these include—out of time, no goods to Mr Vara: The total number of commercial court levy, gone away no trace, vulnerable, in prison, deported/ trials heard in the Rolls Building during the calendar emigrated and bankrupt. Some of these returns will year 2013 was 58. These were made up of the following: include part payments, where they have been successful in obtaining some of the money but not all. Number of cases HM Courts and Tribunals Service (HMCTS) takes the issue of financial penalty enforcement very seriously 1-day 5 and is working to ensure that clamping down on defaulters 111W Written Answers10 MARCH 2014 Written Answers 112W is a continued priority nationwide. HMCTS actively Jeremy Wright: Manslaughter carries a maximum pursues all outstanding impositions until certain they penalty of life imprisonment, which gives the courts full cannot be collected. Collection reached an all time high flexibility to deal with all the circumstances of the cases at the end of 2012-13 and collection has continued to which come before them. This is particularly important rise in this financial year. as manslaughter covers a broad range of behaviour. HMCTS are actively seeking an external provider for The Court of Appeal issued an important guideline the future delivery of compliance and enforcement services. judgment in 2009 on sentencing for unlawful act manslaughter in which it stated that attention should be This will bring the necessary investment and innovation paid to the problem of gratuitous, unprovoked violence to significantly improve the collection of criminal financial in our city centres and streets. penalties and reduce the cost of the service to the taxpayer. The number of persons convicted and sentenced at all courts for the offence of manslaughter by sentence Family Proceedings outcome and the sentence length for those given an immediate custodial sentence from 2008 to 2012 (latest Karen Lumley: To ask the Secretary of State for data available) can be viewed in the table. Justice what steps his Department is taking to tackle The average custodial sentence length for manslaughter delays in the family justice system. [190005] has increased from less than 60 months in 2008 to more than 88 months in 2012. Simon Hughes: The Government is committed to reducing delays in the family justice system. Provisions Court proceedings statistics for the year 2013 are in the Children and Families Bill will reform the family planned to be published by the Ministry of Justice in justice system by tackling delays and duplication and May 2014. guarantee that children’s best interests remain at the Persons convicted and sentenced at all courts for the offence of manslaughter by heart of decision-making. The Bill is in the final stages sentence outcome and the sentence length for those given an immediate custodial of its passage through Parliament and delivers on the sentence, England and Wales, 2008 to 20121, 2 commitments made by the Government in February 3 2012 in response to the independent Family Justice 2008 2009 2010 2011 2012 Review. Convicted 248 219 209 173 166 The Bill will put in place a maximum 26 week time limit for the completion of care and supervision proceedings (and other Part IV proceedings) to reduce delays in finding a permanent placement for children. It is intended Sentenced 248 219 209 173 166 to send a clear and unambiguous statement to all parts of the family justice system that delays are unacceptable.

Where cases can be completed in less than 26 weeks, Immediate 226 202 201 158 153 they should do so. custody Provisions in the Bill will be supported by a revised Public Law Outline (PLO), due to be issued in March, Up to 1 year 6 4 — 1 — which sets out the case management process for care Over 1 year and 16 17 12 8 5 and supervision proceedings. To assist key agencies, up to 2 years stakeholders and the judiciary in their preparations for Over 2 years and 97 74 75 50 41 the introduction of the time limit Local Family Justice up to 5 years Boards have been piloting a revised PLO since 1 July 2013. Over 5 years and 71 64 71 65 65 up to 10 years In private law our overall assessment—based on the data currently available to us in relation to litigants in Over 10 years 4 13 15 11 22 person in family cases—is that performance in terms of the average time to disposal for private law cases is Indeterminate 30 30 26 19 18 being maintained. The average number of weeks to sentence disposal in private law children’s cases remains steady Life sentence 2 —242 at around 16 weeks. We have no evidence that cases or hearings are taking longer and that children and families are suffering from delay. My Department continues to monitor the situation. Average custodial 59.2 64.9 74.0 77.0 88.1 sentence length4

Homicide: Sentencing Suspended 82—32 sentence

Sadiq Khan: To ask the Secretary of State for Justice Community 2——21 how many people convicted of manslaughter in (a) sentence 2010, (b) 2011, (c) 2012 and (d) 2013 received (i) no Fine ————— custodial sentence, (ii) a custodial sentence of up to one year, (iii) a custodial sentence of one to two years, Absolute ————— (iv) a custodial sentence of two to five years, (v) a discharge custodial sentence of five to 10 years and (vi) a conditional ————— custodial sentence of more than 10 years. [190333] discharge 113W Written Answers10 MARCH 2014 Written Answers 114W

Persons convicted and sentenced at all courts for the offence of manslaughter by sentence outcome and the sentence length for those given an immediate custodial Number sentence, England and Wales, 2008 to 20121, 2 2010 2011 2012 2013 2014 20083 2009 2010 2011 2012 January 71 103 91 66 51 Otherwise dealt 12 15 8 10 10 February 99 107 106 77 — with March 132 96 105 82 — ‘—’ = 0. 1 The figures given in the table on court proceedings relate to persons for April 65 61 76 88 — whom these offences were the principal offences for which they were dealt May 106 107 88 78 — with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is June 103 106 77 91 — imposed for two or more offences, the offence selected is the offence for which July 107 110 121 109 — the statutory maximum penalty is the most severe. August 9 15 4 3 — 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted September 18 29 14 23 — from large administrative data systems generated by the courts and police October 88 124 130 98 — forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those November 136 116 101 101 — data are used. December 67 75 68 78 — 3 Excludes data for Cardiff magistrates’ court for April, July and August 2008. 4 Excludes life and indeterminate sentences. Source: The Justice Secretary and Lord Chief Justice are Justice Statistics Analytical Services—Ministry of Justice. reviewing spending on judges’ lodgings. The review will focus on ensuring value for the taxpayer while providing Human Rights: Care Homes suitable and appropriate accommodation for High Court judges sitting on cases away from their base in the Royal : To ask the Secretary of State for Courts of Justice, satisfactory working conditions and Justice if the Government will bring forward amendments privacy, and appropriate levels of security. to the Human Rights Act 1998 to ensure that the Act The most serious and complex cases, both criminal applies in situations where people receive care arranged and civil, are heard by High Court judges in courts near by a public body from a private provider. [186348] to where the events took place and in a place most convenient to parties and witnesses. High Court judges Simon Hughes: The provision of care by a private are based in London and need accommodation, often provider arranged by a public body is already a public for long periods of time, when they hear cases outside function, and the provider would be subject to section 6 London. of the Human Rights Act 1998. The Government has High Court judges also use hired lodgings which are no plans to amend the Human Rights Act. only used for the duration required. The number of occasions which hired lodgings were used by High ICT Court judges could be obtained only at disproportionate costs. Mr Slaughter: To ask the Secretary of State for Justice for what reason his Department’s shared services will no longer be a stand-alone centre. [190181] Legal Aid Scheme

Mr Vara: The Cabinet Office published the Next Mr Slaughter: To ask the Secretary of State for Generation Shared Services Strategic Plan in December Justice what assessment his Department has made of 2012. One of the key objectives of the strategic plan was the effect of changes in the level of legal aid under the to create two independent shared service centres (ISSCs). Legal Aid, Sentencing and Punishment of Offenders At the time, it was agreed that the MOJ would review Act 2012 on (a) migrant children and (b) the decision to retain a standalone shared service centre unaccompanied children who have made Article 8 right once their existing Shared Services Programme, which to private life and family claims. [190138] began in February 2010, was complete. Following a change of approach to this programme, the MOJ are Mr Vara: The Government plans to undertake a now considering options for the future delivery of its post-implementation review of the legal aid provisions back office administration services. within the Legal Aid, Sentencing and Punishment of All options are being evaluated to ensure they provide Offenders Act 2012 within three to five years of value for money for taxpayers and continue to meet the implementation. This review will include an assessment needs of customers. of the impact of the reforms.

Judges: Housing Mr Slaughter: To ask the Secretary of State for Justice what assessment his Department has made of the effect of changes in the level of legal aid under the Sadiq Khan: To ask the Secretary of State for Justice Legal Aid, Sentencing and Punishment of Offenders how many occasions judges’ lodgings were used in each Act 2012 on trafficked children who are seeking leave month since January 2010. [188767] to remain. [190139]

Mr Vara: The number of occasions which permanent Mr Vara: Legal aid remains available to victims of judges’ lodgings were used by High Court judges in trafficking seeking leave to remain in the United Kingdom each month since January 2010 is provided in the following under the Legal Aid, Sentencing and Punishment of table: Offenders Act 2012 (LASPO). 115W Written Answers10 MARCH 2014 Written Answers 116W

Legal Representation Service instructions and moved to the most appropriate establishment to meet both security and rehabilitation : To ask the Secretary of State for needs. Justice what steps he is taking to ensure that To establish whether recaptured prisoners had been unrepresented defendants in very high cost cases are accommodated in prisons closer to their home address adequately supported in court. [190253] would require the interrogation of individual electronic incident files and prisoner records for each escaper and Mr Vara: At around £2 billion, we have one of the further work to establish closeness to home. This could most expensive legal aid systems in the world. Due to be achieved only at disproportionate cost. the current economic climate, we have had to make the Figures for the number of escapes since 1995 are legal aid system more cost-effective, including by reducing provided in the Prison Digest contained in the Prison fees paid to advocates. We have been clear throughout and Probation Trusts Performance Statistics. This can consultation processes of our intention to reduce the be found at: fees of the highest earners. This is why we have implemented https://www.gov.uk/government/uploads/system/uploads/ a 30% cut to fees to be paid to advocates for very high attachment_data/file/225234/prison-performance-digest-12- cost cases, which represent less than 1% of Crown court 13.xls cases. To ensure that defendants are adequately represented Philip Davies: To ask the Secretary of State for in court, the Public Defender Service are recruiting Justice whether any prisoners serving a sentence for advocates who can be available to represent defendants murder are still unlawfully at large following an escape as necessary. We are also keen to explore other options or abscond since 1 April 2004. [190098]1 to mitigate the potential impact on defendants in such circumstances. We will be monitoring the impact of Jeremy Wright: Escapes have been falling for over a reforms and the sustainability of the scheme. decade with the current low levels having been sustained for some years now. This is despite considerable increases Pagers in population over the same period. Despite a slight increase in 2012-13, absconds have been falling for Sheila Gilmore: To ask the Secretary of State for nearly two decades. Justice how many pagers have been provided to staff by The following table shows the number of absconders his Department since May 2010; and what the cost to still unlawfully at large who have an index offence of the Department was of providing those pagers. [190056] murder. There are currently no prisoners unlawfully at large with an index offence of murder who have escaped Mr Vara: The MOJ have provided 187 pagers to staff from prison or prison escort. This information was between May 2010 and December 2013 and the cost of correct as of 3 March 2014. providing such is £9,227 per annum. Table 1: Number of absconders still unlawfully at large, with index NOMS require the use of pagers to maintain offence of murder, by financial year communications within Establishments, where other Financial year Index offence of murder forms of communications are difficult due to the fabric of the buildings and other mobile devices are not permitted 2004-05 0 for security reasons. 2005-06 1 2006-07 2 Prison Governors 2007-08 0 2008-09 0 Sadiq Khan: To ask the Secretary of State for Justice 2009-10 0 what average length of time a prison governor has 2010-11 0 spent in post in England and Wales over the last five 2011-12 0 years. [189934] 2012-13 0 Note: Jeremy Wright: The average length of time that a These figures have been drawn from live administrative data systems governor spent in a particular post, in public sector which may be amended at any time. Although care is taken when prisons, between January 2008 and December 2013 was processing and analysing the returns, the detail collected is subject to three years four months. the inaccuracies inherent in any large scale recording system. Figures for the number of escapes and absconds since Prisoner Escapes 1995 are provided in the Prison Digest contained in the Prison and Probation Trusts Performance Statistics. Philip Davies: To ask the Secretary of State for This can be found at: Justice how many prisoners who have escaped prison https://www.gov.uk/government/uploads/system/uploads/ have been re-captured and jailed at a different prison attachment_data/file/225234/prison-performance-digest-12- nearer to their home in each of the last 10 years. 13.xls [189856] Prisoners Jeremy Wright: Following an escape from prison or prison escort, the police are informed immediately and Dan Jarvis: To ask the Secretary of State for Justice will seek to recapture the offender. On recapture, the how many cases of (a) chemical castration of prisoner will normally be taken to the closest local prisoners and (b) assaults by prisoners on other prison. Once any outstanding court cases are resolved, prisoners resulting in castration there have been in each he or she will be categorised in accordance with Prison year since 2010. [190522] 1.[Official Report, 19 March 2014, Vol. 577, c. 9MC.] 117W Written Answers10 MARCH 2014 Written Answers 118W

Jeremy Wright: The National Offender Management proceeded against, found guilty and sentenced for criminal Service (NOMS) and NHS England do not provide for offences in England and Wales. This database holds “chemical castration” of prisoners. However, support information on offences provided by the statutes under services for a small number of high-risk sex offenders which proceedings are brought but not the specific are offered which provide anti-depressant and anti-libidinal circumstances of each case. It is not possible to identify medication. Figures are not collected centrally for treatment separately from this centrally held information the home in all prisons. We are not aware of any castrations address of offenders. Offenders may also have been arising from assaults by prisoners since 2010. found guilty at a court not necessarily local to their home address. This detailed information is held on the Prisoners: Females court record but due to the size and complexity is not reported centrally to the MOJ. As such, the information Mrs Hodgson: To ask the Secretary of State for requested can be obtained only at disproportionate Justice what estimate his Department has made of the cost. likely level of the female prison population over the The Women’s Custodial Estate Review, published in next five years. [187034] October 2013, announced the Government’s intention Simon Hughes: The Ministry of Justice publishes to keep more women from Wales as close to home as prison population projections on an annual basis. Each possible by giving priority to women from south Wales publication looks at the projected populations of men’s at HMP/YOI Eastwood Park (in Gloucestershire) and and women’s prisons for the following six years. The priority for women from north Wales at HMP/YOI latest publication was published on 7 November 2013. Styal (in Cheshire). The following table has been extracted from the latest The estate review also proposed the refurbishment of publication and shows the prison population projections 77 mothballed places at HMP/YOI Eastwood Park to for females aged 18 and over up to June 2019. The further improve capacity for women from Wales. projecting scenarios track the impact of three different sentencing trends on custodial convictions, custodial Mrs Moon: To ask the Secretary of State for Justice sentence length and hence on the resulting prison in which prisons women with a registered home address population. in Wales were held in (a) 2011, (b) 2012 and (c) 2013; how many were held in each prison; and if he will make Sentencing scenarios a statement. [189868] As at June each year Scenario 1 Scenario 2 Scenario 3 Simon Hughes: The Women’s Custodial Estate Review, 2014 3,700 3,700 3,800 published in October 2013, announced the Government’s 2015 3,500 3,600 3,700 intention to keep more Welsh women as close to home 2016 3,400 3,500 3,600 as possible by giving priority to women from south 2017 3,400 3,500 3,700 Wales at HMP/YOI Eastwood Park (in Gloucestershire) 2018 3,400 3,500 3,700 and priority for women from north Wales at HMP/YOI 2019 3,400 3,500 3,700 Styal (in Cheshire). The estate review also proposed the refurbishment of 77 mothballed places at HMP/YOI Eastwood Park to further improve capacity for women Mrs Moon: To ask the Secretary of State for Justice from Wales. There are places for 12 mothers and 13 (1) how many women with a registered home address in babies at HMP/YOI Eastwood Park. Wales were sentenced and remanded to prison in each year since 2006; and if he will make a statement; Following my predecessor’s commitment during [189867] parliamentary passage of the Crime and Courts Act (2) what the average length of custodial sentence for 2013, I will be providing in March 2014 an update to women with a registered home address in Wales was in Parliament on the progress made since the publication each year since 2006; and if he will make a statement; of the Government’s strategic objectives for female offenders in March 2013. [189869] (3) what offences were committed by women with a The following table shows the number and location registered home address in Wales sentenced to prison in of female prisoners with a recorded residential address each year since 2006; and if he will make a statement. in Wales, on two separate dates in each year of 2011, 2012 and 2013. [189871] The estate review also proposed the refurbishment of Simon Hughes: The Ministry of Justice Court 77 mothballed places at HMP/YOI Eastwood Park to Proceedings Database holds information on defendants further improve capacity for women from Wales.

Location of female prisoners in England and Wales with a recorded address in Wales from 2011 to 2013 Female prisoners with recorded addresses in Wales by prison 2011 2012 2012 Prison March September March September March September

Askham Grange 122112 Bronzefield954347 Downview1 21 21 26 26 29 17 DrakeHall192413211526 EastSuttonPark456233 119W Written Answers10 MARCH 2014 Written Answers 120W

Location of female prisoners in England and Wales with a recorded address in Wales from 2011 to 2013 Female prisoners with recorded addresses in Wales by prison 2011 2012 2012 Prison March September March September March September

Eastwood Park 113 120 129 124 115 139 FostonHall785623 Holloway 18 10 4 7 14 3 LowNewton332—11 NewHall311434 Peterborough (female) 223245 Send 23 24 22 26 26 21 Styal 241727252932 Grand total 247 242 244 247 246 268 1 In September 2013, as part of a number of capacity changes, the Secretary of State for Justice announced that HMP Downview will be re-roled, i.e. stop holding female prisoners and instead will hold adult male prisoners. There are currently no female prisoners held there.

These figures have been drawn from administrative Procurement IT systems, which, as with any large scale recording system, are subject to possible error(s) with data entry Mr Slaughter: To ask the Secretary of State for and processing. Justice (1) what financial targets he plans to set for the If no address is given, an offender’s committal court successful bidder for the National Compliance and address is used as a proxy for the area in which they are Enforcement Service contract in that contract; [190243] resident. These figures are included in the table in the (2) what estimate his Department has made of the answer. No address has been recorded and no court costs of running the National Compliance and information is available for around 3% of all offenders, Enforcement Service contract. [190244] these figures are excluded from the table in the answer. Information on offenders’ residences is provided by Mr Vara: The costs and financial targets for the them on reception in prison and recorded on a central Compliance and Enforcement Services contract will be IT system. Addresses can include a home address, an determined through the commercial process, in negotiation address to which offenders intend to return on discharge with the bidders. or next of kin address. Mr Slaughter: To ask the Secretary of State for Mrs Moon: To ask the Secretary of State for Justice Justice which of the short-listed bidders for the how many women prisoners with a registered home National Compliance and Enforcement Service address in Wales have applied for a place in a mother contract were involved in his Department’s aged debt and baby unit since 2006; how many have been given a pilot. [190245] place; and if he will make a statement. [189870] Mr Vara: Two of the companies involved in the aged debt pilot are also involved in the commercial process Simon Hughes: The information requested on how for Compliance and Enforcement Services. many women prisoners who have a registered home address in Wales and have requested a place in a mother and baby unit is not held centrally and could be obtained Public Defender Service only at disproportionate cost. There are six mother and baby units in England Stephen Doughty: To ask the Secretary of State for which provide an overall total capacity of 64 places for Justice what guidelines are applied when making a mothers. There are a total of 70 places for babies to Public Defence Service appointment; and what allow for twins. provision is made for advertising Public Defence Service appointments in Welsh. [190464] The Women’s Custodial Estate Review, published in October 2013, announced the Government’s intention Mr Vara: Anyone appointed to the Public Defender to keep more women from Wales as close to home as Service will be employed as a civil servant, and recruited possible by giving priority to women from south Wales on the basis of the Civil Service Commission Recruitment at HMP/YOI Eastwood Park (in Gloucestershire) and Principles. priority for women from north Wales at HMP/YOI Styal (in Cheshire). The estate review also proposed the These principles determine that selection is made on refurbishment of 77 mothballed places at HMP/YOI merit on the basis of fair and open competition: Eastwood Park to further improve capacity for women Merit means the appointment of the best available person: no from Wales. There are places for 12 mothers and 13 one should be appointed to a job unless they are competent to do babies at HMP/YOI Eastwood Park. it, and the job must be offered to the person who would do it best. Fair means there is no bias in the assessment of candidates. Following my predecessor’s commitment to do so Selection processes must be objective, impartial and applied during parliamentary passage of the Crime and Courts consistently. Act 2013, I will be providing an update to Parliament Open means that job opportunities must be advertised publicly on the progress made since the publication of the and potential candidates given reasonable access to information Government’s strategic objectives for female offenders about the job and its requirements, and about the selection in March 2013. process. 121W Written Answers10 MARCH 2014 Written Answers 122W

The Commission recognises that in some circumstances Sentencing: Appeals it may be right to allow appointments to be made outside of the principle of selection on merit on the Sadiq Khan: To ask the Secretary of State for Justice basis of fair and open competition. Any such exception what proportion of appeals against unduly lenient should not undermine this fundamental principle. sentences in (a) 2010, (b) 2011, (c) 2012 and (d) 2013 Such appointments by exception are usually short-term; were successful; and what the outcomes of the appeals for example secondments which promote the exchange were. [190308] of ideas and experience. The Solicitor-General: The information is set out in For a national recruitment exercise it is our practice the following table: to advertise in the English language. When recruiting for vacancies specifically for Wales, these will be advertised Number of offenders Number of offenders bilingually. Notices will be in Welsh in Welsh language whose sentences were whose sentences were publications, if required. referred to the Court of increased (and Appeal as potentially proportion of total in unduly lenient brackets) Public Sector: Information 2010 90 77 (85%) 2011 121 94 (77%) 2012 88 62 (70%) : To ask the Secretary of State for 2013 83 60 (72%) Justice what steps he is taking to ensure that users of public services can access and control personal data There is one outstanding case from 2013. held on them by the Government, its agencies and other public bodies. [190106] Students: Fees and Charges

Simon Hughes: The Government takes the protection Mr Graham Stuart: To ask the Secretary of State for of individuals’ personal data very seriously. The Data Justice how many students were taken to court by Protection Act 1998 (DPA) confers a number of rights universities for recovery of their student fees after on individuals in respect of the processing of their dropping out of university courses in each of the last personal data by organisations. Subject to certain three years. [190291] exemptions, section 7 of the DPA gives individuals the right to request a copy of information which an Mr Vara: HMCTS do not record claimant and organisation, including Government Departments and respondent details on the civil case management system their agencies, holds about them. An individual can in a way that allows them to identify which were universities exercise this right, commonly known as ‘subject access’, or students, nor the reason of a money claim. The only by making a written subject access request. way they could answer this question would be to manually search every case to establish whether the claimant was In exercising this right, an individual is entitled to be a university or represented a university and then whether told whether any personal data is being processed; given the claim was for the recovery of fees. This would incur a description of the personal data, the reasons it is disproportionate costs. being processed and whether it will be given to any other organisations or people; given a copy of the Youth Custody information comprising the data; and given details of the source of the data, where available. In Addition, Sadiq Khan: To ask the Secretary of State for Justice where an individual believes that any personal data what his latest estimate is of the average annual cost of being processed by an organisation is inaccurate, they custody in the secure estate. [189993] are entitled to have that information corrected on request. Jeremy Wright: The Department routinely publishes average costs per prisoner and prison place, based on Reoffenders: Young Offenders actual net resource expenditure for each private and public sector prison and in summary form for the whole Sadiq Khan: To ask the Secretary of State for Justice of the prison estate in England and Wales on an annual what the proven re-offending rates were for 18 to 20 basis after the end of each financial year. The most year olds in the latest period for which figures are recently published figures are for financial year 2012-13 available. [190038] which give an average overall cost per place of £36,808 and average overall cost per prisoner of £34,766. This is the latest information available. Jeremy Wright: Reoffending rates for young adults The information for financial year 2012-13 is published remain stubbornly high. Statistics on proven reoffending as an Addendum to the NOMS Annual Report and for adult and juvenile offenders are published by the Accounts and is available on the Department’s website Ministry of Justice on a quarterly basis in the ’Proven at: Re-offending Statistics Quarterly Bulletin’ at the following https://www.gov.uk/government/publications/prison-and- link: probation-trusts-performance-statistics-201213 www.gov.uk/government/publications/proven-reoffending- Continuing to reduce prison unit costs is one of the statistics-april-2011-march-2012 key targets for the Department. Between 2009-10 and The latest proven reoffending rates for 18 to 20-year-olds 2012-13 prison unit costs (based on overall prison costs) in England and Wales can be found in Table 3. have reduced in real terms by 16% per place and 13% 123W Written Answers10 MARCH 2014 Written Answers 124W per prisoner. The Department is committed to delivering Legal Representation prison capacity changes designed to modernise the prison estate and further reduce prison costs. Emily Thornberry: To ask the Attorney-General what recent discussions he has had with the Secretary of State for Justice on defendants who represent themselves in very high cost cases. [190255] ATTORNEY-GENERAL The Attorney-General: I have regular meetings with Crime: Victims the Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for Epsom and Ewell Emily Thornberry: To ask the Attorney-General (Chris Grayling), to discuss a wide range of topics what conclusions the Crown Prosecution Service has including issues related to legal costs. As was the case drawn from its September 2013 consultation on the with previous Administrations, it is not the practice of functioning of the victims’ right to review. [190256] the Attorney-General’s Office to provide details of all such discussions. The Solicitor-General: The Crown Prosecution Service has considered the responses received during the public Emily Thornberry: To ask the Attorney-General what consultation. A summary of the consultation responses estimate has been made of the number of upcoming and the final Victims’ Right to Review Scheme will be very high cost prosecutions by the (a) Crown Prosecution published on the CPS website in the near future. Service and (b) Serious Fraud Office that will involve defendants who will be representing themselves. [190259] Female Genital Mutilation The Solicitor-General: There are currently three Helen Jones: To ask the Attorney-General what steps prosecutions being managed by the Crown Prosecution he is taking to ensure that more cases of female genital Service under the very high cost case arrangements mutilation are prosecuted. [190517] where the prosecution have been informed that the defendants are currently unrepresented, and two such The Solicitor-General: The Attorney-General is prosecutions being managed by the Serious Fraud Office. encouraging the Crown Prosecution Service (CPS) to It is of course possible that representation will be secured take a leading role in tackling female genital mutilation by defendants in these cases in due course. (FGM). They have worked closely with the police, other Government Departments and third sector organisations to put a robust framework in place to support reporting Sentencing: Appeals and the effective investigation and prosecution of FGM. The CPS has published actions planned in 2012 and 2013 which have led to much closer joint working Emily Thornberry: To ask the Attorney-General between the police and CPS. Lead prosecutors have what proportion of the sentences that he successfully been appointed for each CPS area and they have led on referred to the Court of Appeal as unduly lenient in agreeing protocols with every local police force setting 2013 were the result of guilty pleas. [190262] out the arrangements for investigating and prosecuting FGM locally. A joint CPS/police national training event The Solicitor-General: Of the 60 sentences that were has been recently held to consider case-building strategies, successfully referred by the Law Officers to the Court of and the Director of Public Prosecutions (DPP) and I Appeal in 2013, 34 were the result of a guilty plea. have written to Ministers in the Home Office, Ministry of Justice and Department of Health with a paper identifying possible ways in which the criminal law Serious Fraud Office could be strengthened. I have recently visited both the CPS and the Metropolitan Emily Thornberry: To ask the Attorney-General if he police’s specialist unit to discuss this issue, and also last will investigate the extent and appropriateness of the month attended the departmental roundtable on FGM, Serious Fraud Office’s co-operation with the Iranian at which I was a signatory to the ministerial declaration. authorities in recent years. [190257]

Internet Karen Bradley: I have been asked to reply on behalf of the Home Department. Jim Shannon: To ask the Attorney-General what As a matter of long-standing policy and practice the services the Law Officers’ Departments provide that United Kingdom can neither confirm nor deny the are (a) available online only and (b) planned to move extent of judicial cooperation with individual countries. to online only. [190358] However, the Home Office continuously reviews and looks at ways of improving judicial cooperation with The Solicitor-General: Information on the work of other countries, including co-operation with countries the Law Officers’ Departments websites can be found (such as Iran) where the UK has human rights concerns on the Gov.uk website or on their own websites. However, (applying the Overseas Security and Justice Assistance as their work is aimed at providing legal support to the (OSJA) guidance as appropriate). We will continue to Government or conducting prosecutions on behalf of review and refine our approach to judicial co-operation, the Crown, they do not provide any online services in conjunction with other Government Departments directly to the public. including the SFO. 125W Written Answers10 MARCH 2014 Written Answers 126W

Taxation: Fraud given year. Payment data include payments made to satisfy the both original order amount as well as any Emily Thornberry: To ask the Attorney-General interest accrued on the original order amount. pursuant to the answer of 14 January 2014, Official Sentencing: Appeals Report, columns 466-8W, on taxation: fraud, what the annual sum total was of the confiscation orders listed Sadiq Khan: To ask the Attorney-General how many in that answer. [190292] appeals there have been against unduly lenient The Solicitor-General: The following table below provides sentences of those sentenced in each year since 2010. the total value of confiscation orders obtained by the [190258] Crown Prosecution Service during the past three financial years, for cases categorised as tax and benefit fraud or The Solicitor-General: The information is set out in VAT fraud. the following table: Number of offenders Number of orders Value of orders whose sentences were Number of offenders granted granted (£) referred to the Court whose sentences were 2010-11 253 84,922,167.59 of Appeal as increased (and potentially unduly proportion of total in 2011-12 557 69,418,325.78 lenient brackets) 2012-13 352 48,748,535.72 2010 90 77 (85%) These data have been taken from the JARD database 2011 121 94 (77%) which reflects the status of the orders reported at the 2012 88 62 (70%) time the data are extracted. As a result, the amounts 2013 83 60 (72%) reported represent the total amounts paid up to the date the data were extracted, not the amounts paid in any There is one outstanding case from 2013.

1MC Ministerial Corrections10 MARCH 2014 Ministerial Corrections 2MC

Since April 1999, 461 students have passed the UAS Ministerial Correction ground school course which is the precursor to UAS pilot training. Of these 140 UAS pilots (30% of those Monday 10 March 2014 trained) are currently based in the UK and are qualified on systems which are flown in UK airspace for training purposes only. Up to 21 UAS pilots (5%) are deployed in the middle east for training purposes only. 48 UAS DEFENCE pilots (10%) are currently deployed in Afghanistan. The Unmanned Air Vehicles remaining 252 (55%) are either no longer in the Army, no longer employed as UAS pilots, or operate Hermes 450 which is not cleared for UK flying. Mr Watson: To ask the Secretary of State for Defence with reference to the answer of 18 April 2013, Official The Army has a process for evaluating every course Report, column 527W,on unmanned air vehicles, (1) how for its effectiveness and relevance so that it can respond many Army personnel have received unmanned aerial to changes in operational need. systems training; and what proportion of those trained personnel currently operate unmanned aerial systems in The correct answer should have been: (a) the UK, (b) Afghanistan and (c) the Middle East; [R] [159082] Mr Robathan: Mini unmanned aircraft system (UAS) (2) how many Army personnel have been trained pilots receive a minimum of 71 days training. Tactical since the Army acquired unmanned aerial systems; [R] UAS pilots receive a minimum of 91 days training. [159083] (3) at what intervals training for the operation of The number of soldiers and officers trained in UAS operations from April 1999 to October 2013 is 1,062. This unmanned aerial systems is reviewed; [R] [159085] includes all personnel who have completed basic UAS training (4) how many days of training each operator of at any point since 1999 including those who have undertaken unmanned aerial systems receives. [R] [159081] conversion training from earlier systems or refresher training. [Official Report, 17 June 2013, Vol. 564, c. 502W.] Some individuals may therefore be counted twice, but it is Letter of correction from Andrew Robathan: not possible to identify these separately. At October 2013 An error has been identified in the written answer 146 personnel were deployed on UAS operations in given to the hon. Member for West Bromwich East Afghanistan. This was 13% of those who have ever been (Tom Watson) on 17 June 2013. trained in UAS operations. All other trained personnel The full answer given was as follows: who were still serving were in the UK. Mr Robathan: Mini unmanned aerial system (UAS) The Army has a process for evaluating every course pilots receive a minimum of 71 days training. Tactical for its effectiveness and relevance so that it can respond UAS pilots receive a minimum of 91 days training. to changes in operational need.

ORAL ANSWERS

Monday 10 March 2014

Col. No. Col. No. HOME DEPARTMENT ...... 1 HOME DEPARTMENT—continued Antisocial Behaviour...... 16 Immigration...... 13 BME Police Officers...... 15 Immigration Bill (Red Tape) ...... 15 Bogus Students ...... 8 Indian Students (Scottish Universities) ...... 14 Excessive Drinking ...... 1 Police Funding...... 11 Extremism...... 9 Rape...... 10 Female Genital Mutilation...... 6 Topical Questions ...... 17 Immigration...... 3 TPIMs ...... 5 WRITTEN STATEMENTS

Monday 10 March 2014

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS ...... 1WS JUSTICE...... 3WS EU Informal Foreign Affairs Council ...... 1WS Contingencies Fund Advance ...... 3WS Prisoners (Release on Temporary Licence)...... 4WS CABINET OFFICE...... 2WS TRANSPORT ...... 5WS City Deal...... 2WS Mersey Gateway Bridge ...... 5WS WORK AND PENSIONS ...... 6WS DEFENCE...... 2WS Employment, Social Policy, Health and Defence Infrastructure Organisation...... 2WS Consumer Affairs Council ...... 6WS WRITTEN ANSWERS

Monday 10 March 2014

Col. No. Col. No. ATTORNEY-GENERAL ...... 123W COMMUNITIES AND LOCAL GOVERNMENT.. 37W Crime: Victims ...... 123W All Party Physical Activity Commission...... 37W Female Genital Mutilation...... 123W Council Tax ...... 37W Internet ...... 123W Home Information Packs...... 38W Legal Representation ...... 124W Homelessness...... 38W Sentencing: Appeals...... 124W Homelessness: North East ...... 39W Sentencing: Appeals...... 126W Housing: Greater London...... 39W Serious Fraud Office ...... 124W Leasehold: Complaints ...... 39W Taxation: Fraud ...... 125W Local Government Finance ...... 40W Local Government: North East ...... 40W Maternity Leave...... 40W BUSINESS, INNOVATION AND SKILLS ...... 103W Planning Permission ...... 41W Business: Floods ...... 103W Property: Floods ...... 41W Business: Human Rights ...... 104W Returning Officers...... 41W Companies House...... 104W Copyright, Designs and Patents Act 1988 ...... 105W CULTURE, MEDIA AND SPORT ...... 34W EU External Trade: USA...... 105W All Party Physical Activity Commission...... 34W Fairtrade Initiative: Bananas...... 105W Betting ...... 34W Internet ...... 106W Food: Advertising ...... 35W Leasehold...... 106W Internet ...... 35W Overseas Trade: Ukraine...... 106W Members: Correspondence ...... 35W Post Offices ...... 107W Museums and Galleries...... 35W Power Failures...... 107W Music: Exports...... 36W Students: Loans ...... 108W Tourism...... 36W

DEFENCE...... 29W CABINET OFFICE...... 53W Aircraft Carriers ...... 29W Electoral Register...... 53W Appeals...... 30W Electronic Government ...... 53W Armed Forces: Sexual Offences...... 30W Fraud, Error and Debt Taskforce...... 54W Army: Recruitment ...... 31W Government Departments: Procurement ...... 54W Military Afloat Reach and Sustainability High Speed 2 Railway Line ...... 54W Programme ...... 31W Internet ...... 55W Military Aircraft ...... 32W Married People ...... 55W NATO Response Force ...... 32W Col. No. Col. No. DEFENCE—continued ENVIRONMENT, FOOD AND RURAL AFFAIRS— Publications ...... 33W continued Tornado Aircraft...... 33W Rural Areas: Broadband ...... 77W Unmanned Air Vehicles ...... 33W FOREIGN AND COMMONWEALTH OFFICE..... 45W DEPUTY PRIME MINISTER ...... 51W Afghanistan ...... 45W Electoral Register...... 51W Burma...... 45W Political Parties ...... 51W Falkland Islands...... 46W Returning Officers...... 51W Hezbollah ...... 46W Voting Behaviour ...... 53W Indonesia ...... 47W Iran: Iraq ...... 47W EDUCATION...... 6W North Korea ...... 48W Academies...... 6W Russia ...... 48W Academies: Dudley ...... 6W South Sudan ...... 49W All Party Physical Activity Commission...... 6W Ukraine...... 50W Care Proceedings ...... 6W Children: Day Care ...... 7W Children: Literacy...... 7W HEALTH...... 88W Children: Social Services...... 8W Abortion ...... 88W Children’s Centres ...... 8W Abortion: Counselling ...... 89W Education: Qualifications...... 9W All Party Physical Activity Commission...... 89W Equality ...... 10W Appendicitis...... 89W Female Genital Mutilation...... 10W Breast Cancer...... 89W Harperbury Free School ...... 10W Cancer: Drugs...... 90W Internet ...... 11W Children: Heart Diseases...... 90W Ofsted ...... 11W Crime Prevention: Young People ...... 91W Regulation ...... 11W Depressive Illnesses...... 91W Schools: Standards...... 12W Eating Disorders ...... 91W Students: Finance ...... 12W Female Genital Mutilation...... 92W Teachers: Training...... 12W Health Services: Learning Disability ...... 92W World War I: Education...... 13W Heart Diseases ...... 93W HIV Infection ...... 93W Meningitis: Vaccination ...... 94W ELECTORAL COMMISSION COMMITTEE ...... 78W Mental Health...... 94W Absent Voting ...... 78W Mental Health: Females...... 95W Absent Voting: Fraud...... 78W Mental Health Services ...... 95W Elections ...... 79W Muscular Dystrophy ...... 96W Elections: ICT...... 80W Naltrexone ...... 97W Electoral Register...... 81W NHS England ...... 98W Electoral Register: Fraud ...... 85W NHS: Freedom of Information...... 98W Electorate...... 86W NHS Property Services ...... 98W Voting Behaviour ...... 87W NHS: Technology ...... 99W Pancreatic Cancer ...... 99W ENERGY AND CLIMATE CHANGE ...... 24W Pharmacy...... 99W Electricity: Prices ...... 24W Pharmacy: Crime ...... 100W Energy Company Obligation...... 24W Prescription Drugs...... 100W Energy: Conservation...... 25W Procurement...... 100W Energy: Meters...... 25W Respiratory Diseases...... 101W Energy Supply...... 24W Sexuality ...... 101W Fuel Poverty...... 26W Skin Cancer ...... 102W Fuel Poverty: Rural Areas...... 26W Specialised Services Patient and Public Housing: Insulation ...... 27W Engagement Steering Group...... 102W Wind Power: Seas and Oceans ...... 27W

ENVIRONMENT, FOOD AND RURAL HOME DEPARTMENT...... 55W AFFAIRS...... 69W Alcohol ...... 55W Animal Welfare: Circuses...... 69W Asylum ...... 56W Bovine Tuberculosis ...... 70W Crime Reduction: Private Sector Involvement...... 56W Bovine Tuberculosis: Republic of Ireland ...... 70W Crime Statistics ...... 56W Bovine Tuberculosis: South West ...... 70W Drug Seizures: Barrow in Furness...... 57W Databases...... 70W Equality ...... 57W Dogs: Diseases ...... 71W EU Nationals...... 57W Environment Agency ...... 71W Extradition: USA...... 58W Floods...... 72W Seized Articles...... 58W Floods: Insurance ...... 73W Violent Crime...... 56W Floods: Property Development ...... 73W Floods: Staffordshire...... 74W INDEPENDENT PARLIAMENTARY Floods: York ...... 75W STANDARDS AUTHORITY COMMITTEE ...... 68W Food: Crime...... 75W IPSA Contingency Panel...... 68W Forests ...... 75W Matrix Chambers...... 68W Incinerators: EU Law...... 76W Members’ Staff ...... 68W Land Drainage...... 77W Staff ...... 69W Col. No. Col. No. INTERNATIONAL DEVELOPMENT...... 42W TRANSPORT—continued Developing Countries: Abortion...... 42W M1 ...... 63W Developing Countries: Family Planning...... 42W Motorways: Speed Limits ...... 64W Developing Countries: Females...... 42W Ports ...... 64W Developing Countries: Water ...... 43W Railways: Tickets ...... 65W Egypt ...... 43W Shipping: Exhaust Emissions ...... 66W Equality ...... 43W Transport: Per Capita Costs...... 67W Internet ...... 43W Mozambique...... 44W TREASURY ...... 1W Overseas Aid...... 44W Child Benefit...... 1W Philippines ...... 44W Credit: Interest Rates ...... 1W Staff ...... 44W Credit Unions ...... 1W UN Commission on the Status of Women ...... 45W Export Duties: Arts...... 2W Exports ...... 2W JUSTICE...... 108W Financial Services ...... 2W Commercial Court ...... 108W Income Tax: National Insurance...... 2W Courts: Television ...... 110W Minimum Wage: Yorkshire and the Humber...... 3W Distress Warrants...... 110W Money Laundering: EU Law ...... 3W Family Proceedings ...... 111W Non-domestic Rates: Dartford...... 4W Homicide: Sentencing ...... 111W Proceeds of Crime: Ukraine...... 4W Human Rights: Care Homes...... 113W Research: Finance...... 4W ICT ...... 113W VAT ...... 5W Judges: Housing...... 113W Video Games: Tax Allowances...... 5W Legal Aid Scheme ...... 114W Working Tax Credit ...... 5W Legal Representation ...... 115W Pagers ...... 115W WORK AND PENSIONS ...... 14W Prison Governors...... 115W Apprentices...... 14W Prisoner Escapes ...... 115W Attendance Allowance ...... 15W Prisoners ...... 116W Credit Unions ...... 15W Prisoners: Females ...... 117W Employment and Support Allowance ...... 15W Procurement...... 120W Employment Services...... 16W Public Defender Service ...... 120W Housing Benefit ...... 16W Public Sector: Information...... 121W Housing Benefit: Disability...... 16W Reoffenders: Young Offenders ...... 121W Housing Benefit: Social Rented Housing ...... 17W Sentencing: Appeals...... 122W Internet ...... 18W Students: Fees and Charges...... 122W Lone Parents...... 18W Youth Custody...... 122W Older Workers: Training...... 19W Pensions: Financial Assistance Scheme...... 20W NORTHERN IRELAND ...... 14W Pensions Regulator ...... 20W Internet ...... 14W Poverty: Children ...... 20W Terrorism ...... 14W Separated People...... 20W Social Security Benefits...... 21W TRANSPORT ...... 59W Social Security Benefits: British Nationals All Party Physical Activity Commission...... 59W Abroad ...... 21W Buildings...... 59W Unemployment: Young People...... 22W East Coast Railway Line ...... 59W Universal Credit...... 22W High Speed 2 Railway Line ...... 60W Work Programme...... 23W Internet ...... 63W Working Conditions: Temperature...... 23W MINISTERIAL CORRECTION

Monday 10 March 2014

Col. No. DEFENCE...... 1MC Unmanned Air Vehicles...... 1MC Members who wish to have the Daily Report of the Debates forwarded to them should give notice at the Vote Office. No proofs of the Daily Reports can be supplied. Corrections which Members suggest for the Bound Volume should be clearly marked in the Daily Report, but not telephoned, and the copy containing the Corrections must be received at the Editor’s Room, House of Commons,

not later than Monday 17 March 2014

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CONTENTS

Monday 10 March 2014

List of Government and Principal Officers of the House

Oral Answers to Questions [Col. 1] [see index inside back page] Secretary of State for the Home Department

European Council [Col. 25] Statement—(Prime Minister)

Care Bill [Lords] [Col. 47] Programme motion (No. 2)—(Norman Lamb)—agreed to As amended, considered

Petitions [Col. 146]

St Helier Hospital [Col. 148] Debate on motion for Adjournment

Westminster Hall Female Genital Mutilation [Col. 1WH] Debate on motion on e-petition

Written Statements [Col. 1WS]

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

Ministerial Correction [Col. 1MC]