Thursday Volume 584 10 July 2014 No. 22

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES (HANSARD)

Thursday 10 July 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/. 419 10 JULY 2014 420

David Rutley: I welcome the recent growth deal House of Commons announcement and the £16.4 million of funding that will be put to good use on the Poynton relief road. Does Thursday 10 July 2014 my hon. Friend agree that that will not only reduce traffic congestion for the residents in Poynton, but enhance the strategic links to Macclesfield’s science The House met at half-past Nine o’clock community?

PRAYERS Mr Goodwill: Yes, that is very good news for the residents of Poynton, Macclesfield and the whole of east Cheshire. The scheme to link the A6 to the Manchester [MR SPEAKER in the Chair] airport relief road, to which the Government are contributing £165 million, will improve access to the significant employment opportunities that are being Oral Answers to Questions developed at the Manchester airport city enterprise zone.

TRANSPORT Richard Burden (Birmingham, Northfield) (Lab): Listening to the Minister, one would never guess that the National Audit Office has warned that the Government’s The Secretary of State was asked— approach is not good enough to fix the pothole epidemic on our local roads, which is aggravating congestion; Mr Speaker: On Question 1, I call Chi Onwurah. Not that the Local Government Association has expressed here. the concern that the Government’s roads policy will Congestion (Roads) lead to gridlock on local roads; that bus use outside London is down, not up; or that British Cycling has 2. Dr Thérèse Coffey (Suffolk Coastal) (Con): What expressed disappointment that the Government are not plans he has to relieve congestion on roads. [904752] providing the leadership that is needed to get people out of their cars and to walk or cycle. This is not jam 9. David Rutley (Macclesfield) (Con): What plans he tomorrow; it is traffic jams today. Is it not time that the has to relieve congestion on roads. [904761] Minister got a grip?

The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill): Before I answer the question, I Mr Goodwill: I am surprised that the hon. Gentleman should explain that, as you and the Opposition Front can keep a straight face as he says that. We are tripling Benchers will be aware, Mr Speaker, the Secretary of road investment in the Highways Agency’s infrastructure. State is unable to attend Transport questions this morning We have substantially increased the investment for local because of his duties attending on Her Majesty the authorities to address the pothole problem. More money Queen in Derbyshire. was announced in the Budget and following the bad Road investment is central to our long-term economic weather at Christmas. This Government realise that we plan. We are spending more than £24 billion on strategic should be improving our infrastructure and mending roads between 2010 and 2021. A further £7.4 billion will our roads. It is not only the roof that the Labour party be spent on local roads in the next Parliament, together did not mend in government; it did not mend the roads with £1.5 billion of funding from the local growth fund either. that was announced on Monday. That will bring forward much needed schemes such as the Bury St Edmunds Mr Simon Burns (Chelmsford) (Con): Does my hon. eastern relief road in Suffolk. All the schemes are designed Friend accept that the A12 through Essex and on to the to relieve congestion and open up growth across the ports and the hinterland of East Anglia is severely country. congested, and that the best way to relieve that congestion would be to turn it into a motorway? Will he update the Dr Coffey: I thank my hon. Friend for that answer. I House on what is being done to evaluate that proposition, welcome the growth deal for the New Anglia local following the answer that the Secretary of State gave to enterprise partnership, which will help to relieve the me two Question Times ago? congestion on many roads. May I make a bid for support for the A12 in Suffolk Coastal, and particularly for the stretches of the road that will be used heavily by Mr Goodwill: The A12 is certainly featuring prominently Sizewell C construction traffic? There is the possibility today. My right hon. Friend is a great exponent of the of a four-villages bypass involving Stratford St Andrew proposal to upgrade the A12 to motorway status. The and Farnham. last time he raised this matter, my right hon. Friend the Secretary of State said: Mr Goodwill: I know that my hon. Friend is disappointed that the four-villages bypass was not included on this “My right hon. Friend makes an interesting suggestion. No occasion, but we are still looking at that possibility. doubt he will pursue that argument with me and the authorities Indeed, I was in Norfolk and Suffolk last week undertaking on a number of occasions to come.”—[Official Report, 20 March 2014; Vol. 577, c. 892.] —dare I say it—a “tour d’East Anglia”. I looked at the A12 and the A47, which are greatly in need of improvement. This is just one more of those occasions. 421 Oral Answers10 JULY 2014 Oral Answers 422

Mr David Heath (Somerton and Frome) (LD): I constituency, and the benefits that that will bring to the know the Secretary of State visited the west country a local economy. Will he give an idea of the similar few weeks ago. Did he come back as committed as benefits that might be provided by HS2? I have been for 30 years to finally doing something to improve the iconic A303? Stephen Hammond: It is only fair for me to recognise the extraordinary efforts of my hon. Friend in ensuring Mr Goodwill: I had the pleasure of travelling down that high-speed rail comes to Deal. I also recognise the the A30-A303 corridor with another colleague who has extraordinary efforts of my hon. Friend the Member an interest in that matter. A number of areas along that for Hastings and Rye (Amber Rudd), who is making the road were pointed out to me, including the difficult same case. HS2 will make an important contribution to Stonehenge area and the Blackdown hills area, which is securing prosperity across the country. It will generate more difficult for another reason, and where there is jobs and rebalance the economy, and our estimates some low-hanging fruit that I hope we can address. suggest that there will be more than £70 billion of That is one of six key routes that we have identified as benefits, including £53 billion of benefits to business. needing improvement, and I suspect that my hon. Friend will have to wait for the autumn statement to hear Mr Sheerman: That’s £80 billion of wasted taxpayers’ further news. money. Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Does the Minister agree that congestion on our roads is the Regional Airports one thing saving our safety record from plunging even further—as he knows, it has now plunged below that of 4. Chris Ruane (Vale of Clwyd) (Lab): What assessment Sweden? Many more young people are being killed on he has made of the level of domestic and international motorcycles under his watch. Does he think it time we connectivity provided by regional airports. [904756] went back to targets on reduction so that we can look after people on the roads? The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill): The Government value the domestic Mr Goodwill: I have only one target for casualties on and international connectivity that the UK’s regional the road, and that is a target of zero. The UK, along airports provide. They make a vital contribution to the with Sweden, has the safest roads not only in Europe growth and recovery of regional and local economies, but in the world. Although it was disappointing to see a benefiting businesses and passengers alike. small increase in the number of motorcycle fatalities last year, in all other areas we have seen improvements owing to a number of factors, not least the investment Chris Ruane: The first hovercraft passenger service in that we put into better roads in this country. the world was from Rhyl to Wirral more than 50 years ago, and currently three hovercraft companies want to Mark Pritchard (The Wrekin) (Con): One way of restart that. One of them—Hoverlink—wants to establish reducing congestion in the west midlands would be the a link to Liverpool airport from north Wales. Will the new M6 south link to the M54 in Shropshire. Will the Minister meet a delegation of MPs involved in that, and Minister join me in continuing to petition the Treasury Hoverlink, to establish what could be the first hovercraft to ensure that funds are available for that within the link to an airport in the world? next few years? Mr Goodwill: I was expecting to be asked about Mr Goodwill: My hon. Friend the Member for surface connectivity, but travelling on the surface of the Shrewsbury and Atcham (Daniel Kawczynski) has also water is a novel idea. That is an exciting idea, and I raised that issue with me on a number of occasions, and would be delighted to meet those involved, and possibly I note the aspirations to upgrade that road to having even take a ride on one of those vehicles. motorway-type status, despite the fact that it does not have a hard shoulder in every location at the moment. Sir Alan Haselhurst (Saffron Walden) (Con): In the light of the Chancellor of the Exchequer’s statement High-speed Rail (Kent) about the importance of a northern hub, should we pay more attention to that having a hub airport? Manchester 3. Charlie Elphicke (Dover) (Con): What assessment has the possibility and potential increasingly to become he has made of the economic effect of high-speed rail a port of entry to this country, opening up the whole of services to Kent. [904755] the north of England and north Wales, as well as easing pressures on connectivity in the south-east. The Parliamentary Under-Secretary of State for Transport (Stephen Hammond): The Department for Transport is Mr Goodwill: I am a great fan of Manchester airport, currently undertaking an economic evaluation of High and many of my constituents on the east coast use it Speed 1, covering transport user benefits, wider economic because it has such good connectivity by rail. I know impacts, regeneration, and Government shareholdings that my right hon. Friend the Chancellor is also keen to and assets. That evaluation is planned to be completed take pressure off other airports in the south of England, this summer. and Manchester airport and other regional airports have a great part to play in relieving pressure on the Charlie Elphicke: I thank the Minister for that answer, south-east. Indeed, with more point-to-point destinations and I welcome the announcement of the full extension being served, such as the one I saw at Newcastle recently, of HS1 to Deal, Walmer and Martin Mill in my that is the way forward. 423 Oral Answers10 JULY 2014 Oral Answers 424

Chi Onwurah (Newcastle upon Tyne Central) (Lab): I airports. Manchester is one of the premier local apologise, Mr Speaker, for missing my earlier slot, as it international airports and I very much enjoy using it. It were. has exciting plans for further development. Newcastle airport grew its freight from £20 million in Mr Gordon Marsden (Blackpool South) (Lab): Regional 2006 to £250 million last year, mainly on the back of the airports fear that the Government are not doing enough new Dubai route, but because it attracts more than for connectivity, not least to London. Those concerns 3 million passengers per year, it cannot have access to are reflected in the most recent Davies commission the regional connectivity fund, so what is the Minister report. In his Budget, the Chancellor grandly announced doing to bring new routes to Newcastle and improve the more money for the regional air connectivity fund, but economy? name-checked airports that are not currently eligible. The ones that definitely are eligible still have no guidance Mr Goodwill: I was pleased that the Chancellor on how to apply. In addition, Ministers still have no announced the regional connectivity fund. When I was green light from Europe to say that airports with 3 million at Newcastle airport in February, there was excitement to 5 million passengers, such as Newcastle, can apply. about that. It is also looking to serve further routes. Only one airport—Dundee—is confirmed to get any Although the limitation is for airports of fewer than money so far. How can we be sure that airports such as 3 million passengers, there is a provision under exceptional Newcastle, Leeds Bradford and Norwich, or anywhere circumstances to allow airports such as Newcastle with else for that matter, will get more support from the fewer than 5 million passengers to participate. We are Government by 2015? having conversations with the European Commission to ensure that we can do something and that we do not Mr Goodwill: As the hon. Gentleman knows, the breach any state aid rules. Government are very successful in negotiating in Europe when we need to get a deal. Having spent five years in Mr David Nuttall (Bury North) (Con): One way of the European Parliament, I know that we are always encouraging airlines to establish new routes from regional keen to engage and ensure that like-minded member airports is to allow them to operate free of air passenger states can come to an accommodation. We are optimistic duty for, say, the first two years. Will my hon. Friend that we can have a positive outcome with the European discuss the possibility of introducing that measure with Commission. We will have further information for airports Treasury Ministers? wishing to apply during the autumn when the details have been hammered out, so that we can comply with Mr Goodwill: I am sure Treasury questions will be the state aid rules and ensure that the money goes to along very soon, when my hon. Friend will have an important regional airports such as Newcastle, which I opportunity to ask the Chancellor that very question. know has aspirations to have flights to the United States. Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) Caledonian Sleeper Service (SNP): The regional airports of Munich and Barcelona have been named as two of the best airports in Europe 5. Tom Greatrex (Rutherglen and Hamilton West) and the world. Both have direct links to emerging (Lab/Co-op): When he last used the Caledonian sleeper economies throughout the world. The situation in Scotland service for travel in an official capacity. [904757] is very different, with the UK Government imposing the demand-management, London-centred approach The Parliamentary Under-Secretary of State for Transport of having the highest air passenger duty in the world, (Stephen Hammond): My right hon. Friend the Secretary which they have no intention to devolve. Could not of State for Transport has not yet used the service in an Scotland do an awful lot better if it had the powers to official capacity, but plans to do so shortly. My noble help its airports to catch up with the likes of Barcelona Friend the Minister of State, Baroness Kramer, used and Munich? the Caledonian sleeper service on the evening of 31 October on a visit to Scotland. The Caledonian sleeper service is Mr Goodwill: I suspect that this matter will be decided part of the ScotRail franchise, which is the responsibility in September, but I am pleased that the Government of the Scottish Government. have taken the opportunity of offering public service Tom Greatrex: By my reckoning, there are at least obligation flights to London. Dundee has put a deal four Members in their place this morning who are together, and I hope other airports will come forward regular users of the sleeper service. When the Minister’s with good proposals to tap into that fund. right hon. Friend the Secretary of State has the opportunity to use the sleeper service soon, he will, I am sure, Mike Kane (Wythenshawe and Sale East) (Lab): Will discover that although it is not particularly high speed the Minister join me in welcoming business leaders and he might not necessarily get that much sleep, it is a from across the globe to the aerotropolis conference in useful service. Given that the UK Government, along Manchester today—Cottonopolis itself? Does he agree with the Scottish Government, are part-funding significant that we must rebalance the economy in this country, upgrade of the rolling stock, what is the Department and that to do so we must turn our focus away from doing to ensure that as much of the supply chain work Heathrow—the Transport Front-Bench team have a for the upgrade goes to UK companies? rabbit-in-the-glare obsession with Heathrow—and rebalance connectivity to our regional airports such as Manchester? Stephen Hammond: As the hon. Gentleman will be aware, the Scottish Government announced in May Mr Goodwill: I represent a constituency in the north that the winning bid for the franchise will commence of England and my constituents rely on regional airports. next year. We want to ensure a service that not only he, In fact, I would rather call them local international but all Members, can sleep on. The rolling stock competition 425 Oral Answers10 JULY 2014 Oral Answers 426 will lead to an upgraded rolling stock. The competition introduce four-coach electric trains that will begin operating will of course be open to British companies, which are in passenger service between Liverpool and Manchester currently very successful at winning contracts across the from December 2014. panoply of rolling stock contracts let by this Government. TransPennine Express also received 10 new four-coach class 350 electric trains, which will now operate between Mr Charles Kennedy (Ross, Skye and Lochaber) (LD): Manchester and Scotland. Since May, TransPennine Mr Speaker, may I make it abundantly clear that those Express has used the displaced diesel trains to provide of us with a clear political conscience sleep very well an additional service every hour across the Pennines indeed on the sleeper service? and additional capacity across the network. In relation Will the Minister reflect on the fact that 15-plus years to the TransPennine Express diesel class 170 trains that ago the then passenger franchise director was seeking to Chiltern will lease from April 2015, the Department is get rid of sleeper services, saying that they had no continuing to explore options with industry partners commercial future? In their wisdom, the Government—I and is in commercial negotiations. The Department will support them on this one, for once—are providing be outlining its proposed solution later in the year. match funding of £50 million at each end, with the Scottish Government, for a massive expansion to secure Diana Johnson: Perhaps the Minister missed the fact the future under Serco’s new 15-year franchise. This is a that I am a Hull MP, because he did not actually vote of confidence, the like of which has not happened mention any of the services that go to Hull. Last week in the lifetime of anyone in this Parliament. Will he there was a lot of spin about HS3 for the north, which welcome that fact and sleep well himself? obviously will not happen until years after 2030, so let me press the Minister on the fact that we still do not have a resolution to the rolling stock being moved from Stephen Hammond: I sleep well most nights, but TransPennine to Chiltern Railways. Again, is it not the nothing my right hon. Friend says ever fails to surprise case that, for the north, it is jam tomorrow, but today it me, either about his conscience or other matters. I am continues to be jams for local people on the railways? delighted to have his support on this matter. He is of course right: the sleeper service offers a unique, valued and high-profile service between Scotland and London. Stephen Hammond: The hon. Lady is wrong: the He is also right to say that the Government are committing Department has identified a potential solution. We to these services. The House will have noted the Prime hope to be able to make a formal announcement later Minister’s remarks in Cornwall last week on the Cornish this summer. The decision to move the nine TransPennine sleeper service. Express class 170s was made by their owner. To address that, the Department is in commercial negotiations to develop a solution that is likely to see the introduction Sir Tony Baldry (Banbury) (Con): May I, on my of more electric trains into the north, in addition to the birthday, reflect that the passage of time and progress 14 class 319s we have already announced, to release are not always the same thing? Nothing will ever equal even more diesel units. the excitement of a child at King’s Cross station taking the night sleeper steam train to Inverness and the highlands, and waking up at Aviemore to have kippers in the Martin Vickers (Cleethorpes) (Con): The improved restaurant car. That is one of the many joys, like all-night rolling stock that was introduced by TransPennine for sittings, that younger Members will never enjoy. Cleethorpes to Manchester services a few years ago increased patronage considerably. Will the Minister give an assurance that when the new franchise documents—the Mr Speaker: We are always pleased to be informed of invitation to tender—are published later this year, he the source of the right hon. Gentleman’s excitements, will specify that the highest quality of rolling stock be whether current or historic. maintained on services out of Cleethorpes and that it will be at least the quality of the 185 units in use at Stephen Hammond: May I wish my right hon. Friend— present? and my sister—a happy birthday? I think progress will be appreciated by all younger Stephen Hammond: My hon. Friend is an absolute Members. The rolling stock will ensure that they get a campaigner for his constituents, and he has spoken to good night’s sleep as they are whisked swiftly to Scotland me a number of times on this issue and on the consultation. to enjoy the many benefits of that country, which must I should say that the consultation is just that. We are of course stay in the Union with the rest of this country. viewing a number of proposals at the moment, including the remapping of certain services, but I am sure that he will wish to continue to make those points during the Rolling Stock (North of England) consultation period. When the consultation finishes, we will consider all the points made and look to specify the necessary rolling stock requirements in the invitation to 6. Diana Johnson (Kingston upon Hull North) (Lab): tender to ensure that the best services are provided for What recent progress his Department has made on people across the north. provision of rolling stock in the north of England. [904758] Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op): When the Department agreed to move rolling stock The Parliamentary Under-Secretary of State for Transport from the north to Chiltern Railways, the Secretary of (Stephen Hammond): The Department for Transport State said that he could not have “unreasonably”withheld reached agreement with Northern Rail in April 2014 to his consent. As it is clear that no solution to the problem 427 Oral Answers10 JULY 2014 Oral Answers 428 has yet been identified, under what circumstances would newspapers, which faithfully reported my words, that it have been reasonable for him to refuse to allow that this is a consultation and no decision has yet been move from north to south? made.

Stephen Hammond: It is not often that I would dare Mr Speaker: I call Jack Dromey. Not here. to correct the hon. Lady, who chairs the Select Committee on Transport, but she clearly was not listening to my High Speed 2 (Wigan) two previous answers. A solution has been identified. We are in commercial discussions and we will be making a formal announcement this summer. 8. David Mowat (Warrington South) (Con): What the estimated cost-benefit ratio is for the High Speed 2 Mr Philip Hollobone (Kettering) (Con): Four trains Wigan spur. [904760] an hour leave St Pancras destined for the north of England, with rolling stock through Kettering, but only The Parliamentary Under-Secretary of State for Transport one an hour stops at Kettering, so we have only an (Stephen Hammond): The Department has not estimated hourly service northbound, whereas we used to have a the case for the western leg of the Y-shaped route for twice-hourly service northbound. Will the Minister speak High Speed 2 without the Wigan spur. However, preliminary with East Midlands Trains to give us our old service analysis undertaken by HS2 Ltd suggested that this back? section of the line is likely to provide benefits in the order of £1.2 billion, revenue of about £600 million, Stephen Hammond: I thank my hon. Friend for his and is likely to offer very high value for money. campaign on behalf of his constituents. Not only will I speak to East Midlands Trains about the issue, to David Mowat: I have been, and remain, a strong ensure that his point is heard, but I am sure that he will supporter of HS2 because I believe in the transformational want to catch me later to stress the point further. benefits that will occur. However, none of these transformational benefits occurs because of the line Lilian Greenwood (Nottingham South) (Lab): The north of Manchester—it is not in the published business Government’s consultation on rail services in the north or in the published economic case—and the cost of this proposes a number of route level changes to TransPennine line is the better part of £1 billion, including allocated Express, but is silent on Ministers’ plans for Northern contingencies. Will the Minister confirm that he will Rail, even though it is clear that wide-ranging changes look hard at this issue during the current consultation? are envisaged. Will the Minister come clean with passengers, rule out a backroom deal and let people know what is Stephen Hammond: I welcome my hon. Friend’s support planned for their area? for High Speed 2, and I welcome the opportunity to lay on the line yet again that the mischievous remarks of Stephen Hammond: There is a live consultation on the hon. Member for Huddersfield (Mr Sheerman), Northern and TransPennine at the moment, which invites suggesting a figure of £80 billion, are completely false. I views across the region on a number of proposals, will, of course, look through the consultation, but I am including the remapping of some franchise services sure my hon. Friend will recognise that having the between the two franchises. It involves both Northern Wigan spur will ensure that we can deliver some of and TransPennine, and I should stress that it is a the benefits to the west coast main line, which is why the consultation, which does not finish until mid August. Government believe at this stage that it offers high When it does so, we will consider all those responses. value for money. There is no question of any backroom deal. Several hon. Members rose— Andrew Percy (Brigg and Goole) (Con): Can the Minister assure us that in the consultation on the new Mr Speaker: Order. I am sure that from her vantage rail franchises, he will take account of the strong campaign point as the Member of Parliament for Chesham and being run by the Scunthorpe Telegraph and the Grimsby Amersham, the right hon. Lady will nevertheless wish Telegraph in respect of our desire and requirement to to reference the Wigan spur. maintain our services through to Manchester? Can he assure us, too, that whatever changes come, we will not Mrs Cheryl Gillan (Chesham and Amersham) (Con): be condemned to the Pacer units that I have to use every Thank you, Mr Speaker. This morning, I heard of the week on the train back to Goole? death of Mrs Shirley Judges, one of my firm campaigners against HS2—and she was probably against the HS2 Stephen Hammond: Let me give my hon. Friend two Wigan spur. She had put up a robust defence of our pieces of good news. First, I know he will have read the local environment in the Chilterns and throughout the consultation document from cover to cover, so he will country. The cost-benefit analyses of this Government have noted paragraph 7.7, which states that the have always been questionable, but I would like the “bidders will be required to include plans, either in their core Ministers to look very seriously at the benefits for those proposition or as an option, which would enable the withdrawal people who are forced to move house because of HS2 or of all Pacer units from Northern services.” indeed those who may be forced to move house in I obviously recognise the campaign of the two newspapers future because of the Wigan spur. Would it be possible he mentioned, and I am aware of the campaign he has to give these people a stamp duty holiday on the sale rightly put forward on behalf of his constituents. I of their properties because they are being so badly would say to my hon. Friend, as I have said to those affected? Finally, let me say that without people such as 429 Oral Answers10 JULY 2014 Oral Answers 430

Mrs Judges, we would not have the strong voices that to do” box for too long. The phrase “missing link” is a will make this project either go away or become a better very good way of describing this piece of road, given project in the future. the congestion that it causes and, of course, its accident record, which is not good at all. Stephen Hammond: I never cease to be supportive of my right hon. Friend’s support for her constituents, and Mr Mark Harper (Forest of Dean) (Con): May I on this occasion she has managed to alter this country’s briefly convey the support of constituents on my side of geography so that the Wigan spur is somewhere close to the river for the campaign that has been run by my hon. Chesham. I am sorry to hear of her constituent’s death Friend the Members for Tewkesbury (Mr Robertson) and our condolences go to her family. She will, of and for The Cotswolds (Geoffrey Clifton-Brown) over a course, recognise that the Government are already paying long period? The improvement is important to us, so let the stamp duty on properties within the 60-metre boundary. me add our support for anything that the Minister can If she writes to my right hon. Friend the Secretary of do to speed it up. State, I am sure he will consider her proposition for a further extension as part of the consultation. Mr Goodwill: I know that all Members in that part of the world understand the importance of the route, and A417-A419 (Gloucestershire) also understand the need to carry out the work in an environmentally sympathetic way because the road is in 10. Mr Laurence Robertson (Tewkesbury) (Con): an area of outstanding natural beauty. What recent progress he has made on improving the A417-A419 at Nettleton Bottom and Crickley Hill in Offshore Oil and Gas (Helicopter Safety) Gloucestershire; and if he will make a statement. [904762] 11. Mr Frank Doran (Aberdeen North) (Lab): What The Parliamentary Under-Secretary of State for Transport recent assessment he has made of the safety of passengers (Mr Robert Goodwill): The Highways Agency is preparing in the offshore oil and gas helicopter transport system. a route strategy for the midlands to Wales and Gloucester. [904763] It covers the section of the A417 that includes Nettleton Bottom and Crickley Hill, known as the “missing link”, The Parliamentary Under-Secretary of State for Transport which has been identified as a key issue on the route. (Stephen Hammond): The Civil Aviation Authority The next stage will be to assess options, and to produce published its review of offshore helicopter safety on indicative business cases as a basis on which to prioritise 20 February this year. The United Kingdom has a good investment from 2015 onwards. helicopter safety record, and there is no evidence to suggest that travelling to oil and gas installations by Mr Robertson: The Minister will be aware that the helicopter is any less safe than travelling by any other death toll on the road continues to rise, as do the delays helicopter operated in the UK. However—like the hon. experienced by travellers as a result of congestion. He Gentleman, I am sure—I am pleased that the CAA will also be aware of how long my hon. Friend the review has proposed a number of recommendations for Member for The Cotswolds (Geoffrey Clifton-Brown) further examination of the overall safety for passengers and I, in particular, have continued our campaign to in the offshore oil and gas helicopter transport system. I secure improvements to the road. It would be good if he note that the oil and gas industry has accepted the and/or the Secretary of State could visit us in the near recommendations. It is working closely with the CAA future to observe the problems for themselves. to implement them and introduce safety improvement measures, and the Department is carefully monitoring Mr Goodwill: This is a particularly challenging operation the effectiveness of the CAA and the industry in from both an environmental and an engineering perspective. doing so. The cost of the work has been estimated at about £255 million. It would include two junctions which Mr Doran: I am sorry that the Minister did not would be grade separated, and the road is, of course, in mention the Transport Committee’s report on the serious an area of outstanding natural beauty. However, I have problem of helicopter transport in the offshore industry, some good news for my hon. Friend: the Secretary of which was published on Tuesday this week. I hope that, State plans to visit that part of the road next week. when the Secretary of State sees the report, he will focus on the part that deals with the survivors of the last fatal Geoffrey Clifton-Brown (The Cotswolds) (Con): While crash in August last year, so that he can fully understand we look forward eagerly to the Secretary of State’s visit, what the work force in the North sea have to put up we look forward even more eagerly to what my hon. with every day, and why those workers and their families Friend the Minister can do to upgrade the priority of support the demand for a full public inquiry into helicopter this particular scheme. This is one of the busiest arterial safety. roads in the country: it links the M4 to the M5. Tragically, we have had five deaths since last November. This is a Mr Hammond: We have obviously seen the Select really important priority. What can my hon. Friend do Committee’s report, and, as the hon. Gentleman will to help? know, we are considering our response carefully. We will respond by 28 August, and we will certainly read Mr Goodwill: It was made clear to us when we met and respond to the section about the impact on the lives my hon. Friend and our hon. Friend the Member for of the survivors. As for the question of a full public Gloucester (Richard Graham) during the winter that inquiry, the CAA has conducted a thorough review and dealing with the problem has been in the “too difficult has made important recommendations. We need to give 431 Oral Answers10 JULY 2014 Oral Answers 432 the organisations involved time to implement those Mary Creagh (Wakefield) (Lab): The press announced recommendations, and we are making sure that they last Wednesday that aviation security in the UK was address the concerns of the industry. being stepped up, yet it was Tuesday evening, a full six days later, before this Department issued a statement to Topical Questions MPs. There is confusion among passengers about what they can and cannot take through security, and different airlines appear to have different policies on the checks T1. [904779] Tom Greatrex (Rutherglen and Hamilton and on returning confiscated items to travellers. Nobody West) (Lab/Co-op): If he will make a statement on his is arguing with the need to protect passengers, but can departmental responsibilities. the Minister reassure the House that he and his Department will work with airlines to give passengers the clear The Parliamentary Under-Secretary of State for Transport information they need to prepare before they travel, (Stephen Hammond): May I update the House on a few ensure that airports have adequate charging points for matters my Department has been involved in since the electronic gadgets, and guarantee that Members of this last Topical Questions? The announcement of the first House will be kept fully informed? £6 billion of growth deal projects on Monday included a raft of transport schemes across the country, with The Parliamentary Under-Secretary of State for Transport money being spent on schemes determined by local (Mr Robert Goodwill): The Secretary of State was on priorities to boost local economic growth. This landmark breakfast television today making it quite clear what investment comes after our allocation in June of an the new rules will be, and making it clear that passengers extra £200 million to local authorities to fix potholes. travelling to and from the UK may be required to Since the last Transport questions, the Department has demonstrate at the departure gate that their electronic also signed a contract with Virgin Trains for rail services devices can be powered up. I know that airlines are on the west coast main line providing an extra 1,000 seats, taking steps to ensure that this can be addressed in a and at the beginning of the week we announced £53 million number of ways, for example people can be reunited to be spent on improving wi-fi access on trains, enabling with their devices or charging facilities could be made passengers to receive seamless mobile broadband available, but it is important that we react to this new connections. security threat in a way that continues to protect the travelling public. Tom Greatrex: I thank the Minister for that reply. I am sure he will be aware that it is very important, T6. [904786] Mr Andrew Turner (Isle of Wight) (Con): particularly cross-border, that we maximise the use of Governments sometimes help with one Department rail freight in this country, but I note that the east coast but take away with another—on this occasion the invitation to tender document states that non-ministerial Her Majesty’s Revenue and Customs. “there is no requirement to protect capacity for freight” Will my hon. Friend make an assessment of the Isle of on what is a key section of that line. Will he confirm Wight’s connectivity and the impact on the Solent that that is the case and that, as part of this rushed growth deal of HMRC removing the island’s ferry privatisation of the east coast main line, he is making it services from the tonnage tax regime? HMRC says it is much harder for freight to access this network? not going to sea, which sounds a bit odd. Stephen Hammond: My hon. Friend has lobbied me Stephen Hammond: The hon. Gentleman has on a number of occasions about the issues of the unfortunately failed to mention the upgrades on the island’s ferries. In this particular regard, qualification other part of the freight line, which will ensure that all for the tonnage tax is a matter for HMRC. It is our of those freight services still operate and there will be understanding that since 1 July 2005 ferries have had to no diminution of service for freight operators north-south. be operating at sea to qualify for tonnage tax. The cross-Solent ferries are regarded as operating within an T5. [904784] Mr Mark Harper (Forest of Dean) (Con): estuary, as opposed to the sea, and therefore do not I thank my hon. Friend for the significant investment qualify, and therefore there is no impact on the Solent benefiting both Lydney and Cinderford in my growth deal in respect of these services. constituency that was announced at the beginning of this week as part of the growth deal. It is a part of our long-term economic plan, showing joined-up T2. [904780] Mr Nicholas Brown (Newcastle upon Government, which is welcomed by my constituents Tyne East) (Lab): What study has the Minister made of and will make a real difference to their everyday lives. the potential for open access operators to reduce journey times between Newcastle and London on the east coast main line? What competition policy is he Stephen Hammond: I thank my hon. Friend for operating with regard to that matter? mentioning both those schemes. The Cinderford north quarter link road and the Lydney transport strategy will Stephen Hammond: The right hon. Gentleman will be of benefit to his constituents, and he has been a real know from the prospectus that we have welcomed the campaigner for them. I am delighted he welcomes them, possibility of open access operators opening up new and I am sure he will have noticed the remarks of the markets on the east coast main line. There is scope for chairman of the Gloucestershire First—now GFirst—local that within the proposals, and we are looking at the bids enterprise partnership, Dr Diane Savory, who said: very carefully. We recognise the benefits that open access “I’m absolutely thrilled that the Government has recognised has already brought for a number of people in a number the huge economic potential in Gloucestershire”. of markets from the north of England, and I look Indeed, we have. forward to any other costed proposals. 433 Oral Answers10 JULY 2014 Oral Answers 434

T7. [904787] Mr Dominic Raab (Esher and Walton) (Con): is about time the Government looked again at reducing Under the previous Government’s franchise, South air passenger duty or even scrapping it altogether for West Trains passengers are the single biggest subsidisers airports such as Newcastle’s? of other train lines in Britain, yet their services were rated as third worst value for money in 2014, mainly because Mr Goodwill: Once again, I am tempted to direct the of overcrowding. Does the Minister recognise that my hon. Gentleman to the Chancellor, but of course some constituents using South West Trains deserve a fairer simplification of APD was announced in the Budget, deal when Labour’s franchise is renegotiated in 2017? which makes it simpler for some long-haul flights. APD is never far from my thoughts when I meet people from Stephen Hammond: My hon. Friend has rightly airports up and down the country. consistently raised this matter on behalf of his constituents. Duncan Hames (Chippenham) (LD): The consultation He will recognise that the level of overall satisfaction on the Great Western franchise, which has recently with South West Trains in a recent survey was at about closed, covers a period that includes electrification and the sector average, but I recognise, as he does, that the first phase of the east-west rail project. What scope overcrowding on South West Trains in the peak hours is does the Minister see for introducing in the latter phase a well-known issue and it affects the perception of value of that franchise additional services between Bristol for money. My Department is working closely with and Oxford and beyond? South West Trains to address that. Stephen Hammond: My hon. Friend is right in what Mr Speaker: Roberta Blackman-Woods. Not here. I he says. He will have seen that consultation and the fact call Grahame M. Morris. that we have invited initiatives from operators and Grahame M. Morris (Easington) (Lab): May I draw franchise bidders in that regard. The possibility of extra the Minister’s attention to the Airport Operators services is being opened up by this Government’s Association report “Airports in the community” which commitment to electrification; by 2019 we will have put shows the excellent work that regional airports—also in place more than 870 miles of electrification whereas known as local international airports—are doing in the Labour managed less than 8 miles. United Kingdom? Does he agree that the development Jim Fitzpatrick (Poplar and Limehouse) (Lab): Will of our regional airports is just as important as HS2 or the Minister with responsibility for shipping support HS3 in delivering economic growth, jobs and broader the Mission to Seafarers, the Apostleship of the Sea and community benefits? Seafarers UK and the excellent work those important charities do? Will he look at what support the Department Mr Goodwill: I thank the hon. Gentleman for that gives and whether it can be increased for those very question, and I am pleased he was paying attention important charities? earlier on. It is vital that local international airports play their part, and I know that Newcastle airport is Stephen Hammond: The hon. Gentleman is right. I doing that. Of course, the Government are improving support those charities, and I am delighted to have connectivity to Newcastle airport, with upgrades on the attended a number of their events with him. I will look Metro, work taking place at Newcastle International at that and see whether there is any more that the station and, as he will know, the £61 million upgrade of Department can do. the A1 western bypass between Coal House and the Metro Centre. That will address not only congestion, Philip Davies (Shipley) (Con): Aldi is ready to go ahead but the anxiety that many people feel as they are travelling with the development of a new supermarket in Bingley to the airport worried that they may miss their flights. that commands great public support. To go ahead, the development needs a land transfer from the Highways Mrs Cheryl Gillan (Chesham and Amersham) (Con): Agency via Bradford metropolitan district council. Will Will my hon. Friend encourage HS2 Ltd officials to the Minister ensure that the Highways Agency pulls its meet petitioners to resolve their issues in advance of finger out as soon as possible to make that happen so Select Committee hearings? I, and many of my colleagues, that that essential regeneration can take place in Bingley? have constituents such as Sally and Stuart Jackson and Gordon and Harriet Raitt in south Northamptonshire Mr Goodwill: In my experience, the Highways Agency who are in desperate situations and want nothing more is very good at pulling its finger out when Ministers than to settle their petitions as soon as possible, without raise issues, so I will raise this issue with the Highways the need to appear before the Select Committee. Agency myself. Mr Goodwill: We are absolutely determined that, where we can, we come to some accommodation with LEADER OF THE HOUSE petitioners. Indeed, two weeks ago, I met the Country Land and Business Association and a number of its The Leader of the House was asked— members who are affected to try to resolve some of the Statements outstanding issues they had. It is important that we do whatever we can to resolve these matters ahead of what 1. Mrs Mary Glindon (North Tyneside) (Lab): What some may feel is the daunting prospect of appearing recent guidance he has given to his ministerial before the Committee. colleagues on making statements to the House before they are made to the media. [904788] T4. [904783] Mr Stephen Hepburn (Jarrow) (Lab): With airports in the south, especially London’s, bursting to The Leader of the House of Commons (Mr Andrew capacity and the north-east desperate for some form of Lansley): The ministerial code is clear: when Parliament economic stimulus, does the Minister not agree that it is in session, the most important announcements of 435 Oral Answers10 JULY 2014 Oral Answers 436

Government policy should be made to Parliament in Written Questions the first instance, and I regularly remind my colleagues of that. 3. Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab): What recent guidance he has given to Mrs Glindon: Does the Leader of the House think his ministerial colleagues about providing substantive that it is acceptable that the media are reporting that the answers to written questions. [904791] Government have paused the proposed sale of the Land Registry when the Business Secretary has not yet made The Deputy Leader of the House of Commons (Tom a statement to the House? Brake): The Office of the Leader of the House of Commons provides guidance to all Departments on the Mr Lansley: I am not aware of the media reports to practice of answering parliamentary questions. The which the hon. Lady refers. I will, of course, look at guidance advises Departments that Members should them, but as far as I am concerned announcements are receive a substantive response to named day questions made to the House first. I cannot always preclude on the date specified and that Departments should speculation in the press, which is sometimes well informed endeavour to answer ordinary written questions within and sometimes very badly informed. I do not necessarily a working week of their being tabled. reach the same conclusion, but I will ensure that I let her know what the situation is. Tom Blenkinsop: In a recent TheyWorkForYousurvey, it was found that less than half of parliamentary questions Chris Bryant (Rhondda) (Lab): That is all very well, receive a satisfactory response. Does the Deputy Leader but the Leader of the House has eight minutes and of the House think that is acceptable? 14 seconds to tell the Prime Minister and the Deputy Tom Brake: I am aware of that report. The only thing Prime Minister that they should not be making a speech I will say is that people’s judgment of whether a response to the media about their intention to legislate next week is satisfactory is down to them. before a speech is made to this House. Mr David Nuttall (Bury North) (Con): What changes Mr Lansley: The hon. Gentleman will know, and the does the Deputy Leader of the House consider necessary House will have seen, that the Home Secretary will be to improve the quality of ministerial replies to written making a statement. Indeed, I will be making a business questions about the performance of agencies and non- statement, too. Sometimes it is necessary for the public departmental public bodies, because Ministers sometimes to be told at what is, effectively, broadly the same time appear to be acting as no more than mailboxes? as Parliament itself. Tom Brake: If there are individual cases that the hon. Written Questions Gentleman would like to raise with me, I am happy to pursue them with the appropriate Departments and 2. Mr David Hanson (Delyn) (Lab): What recent bodies. Of course, he has the opportunity to refer any guidance he has given to his ministerial colleagues concerns to the Procedure Committee. about providing timely answers to written questions. [904790] Philip Davies (Shipley) (Con): On 6 December 2010, the Home Secretary replied to a question from my hon. The Deputy Leader of the House of Commons (Tom Friend the Member for Suffolk Coastal (Dr Coffey), Brake): Both I and the Leader of the House regularly stating: remind ministerial colleagues of their obligation to give “We are also taking steps to ensure that the database will, for accurate, timely and truthful information to Parliament, the first time, hold the profiles of all serving prisoners and all as set out further in the ministerial code and included in those previously convicted of serious crimes”—[Official Report, the guidance issued by the Office of the Leader of the 6 December 2010; Vol. 520, c. 99W.] House of Commons. A few weeks ago I asked “how many DNA profiles of current prisoners have not been Mr Hanson: Two weeks ago I raised with the Leader added to the DNA database” of the House a series of parliamentary questions on the but was told: important issue of passports to which I had not had “The information requested is not held.”—[Official Report, answers. He helpfully wrote to the said Department, 2 July 2014; Vol. 583, c. 645W.] and I have had a nice letter back, but I have still not had How on earth can Ministers say that something will answers to the parliamentary questions. The questions definitely happen and then, at a later date, say that they were tabled on 4 June, and they were on pertinent have no mechanism for judging whether or not it is matters to do with passports. Can a timetable be set for taking place? when answers should be given to Members? Tom Brake: I thank the hon. Gentleman for his Tom Brake: I was aware that the right hon. Gentleman question. Clearly it is a complex matter that he has had raised those questions with my right hon. Friend, serious concerns about. If he would like to write to me the Home Secretary. As I am sure the right hon. Member with the specifics, I am happy to follow it up with the for Delyn (Mr Hanson) is aware, the Home Office, like Home Secretary. other large Departments, receives a very large number of complex questions, and it takes time to produce a Ms Angela Eagle (Wallasey) (Lab): The failure to thorough response. Home Office Ministers take their implement universal credit and personal independence responsibilities seriously, and indeed I had occasion payments has left the Department for Work and Pensions yesterday to remind them of those responsibilities. in complete chaos, so is the Deputy Leader of the 437 Oral Answers10 JULY 2014 Oral Answers 438

House surprised that two out of every three of its Mr Speaker: I was going to suggest that the hon. answers to written questions are judged by the public Lady seek an Adjournment debate on the subject, until not to have answered the question? What does he intend I realised that she has, in fact, just staged one. to do to get DWP to improve that sorry state of affairs? John Thurso: I have great sympathy for the hon. Tom Brake: I do not recognise what the hon. Lady Lady. The problems I have had with my Android would says about universal credit, which I think will be a detain the House for just as long. First, very considerable success. As I understand it, it is something that she and benefits will accrue from the transfer. Secondly, her party support. With regard to concerns about whether and most importantly, we have a new structure for questions are accurate and satisfactory, I suspect that the management of IT coming in, following the many of the respondents will have got a perfectly factual recommendations of a strategic review of our online response, but perhaps not the one they wanted to hear. services by mySociety. That will result in different organisational and management structures. I believe Tessa Munt (Wells) (LD): In May I asked the Chancellor that many of the problems to which she has alluded, of the Exchequer a named day question about Treasury which are shared by many Members, will get us to the research on the number of jobs in the UK that are place we all want to be more quickly and efficiently. dependent on Europe. What I received back from one of the Ministers was complete waffle, and it was late. A Robert Halfon (Harlow) (Con): May I suggest to my couple of weeks ago the Chief Secretary to the Treasury hon. Friend that hon. Members consider using Google, was able to confirm that 3.3 million jobs in the UK are which is completely free, and Google Docs for saving dependent on Europe. What can the Deputy Leader of documents, and then we do not need to spend thousands the House do to correct that quality of answer? of pounds on things such as Microsoft 365?

Tom Brake: I thank my hon. Friend, who I think has John Thurso: I am most grateful to my hon. Friend corrected the quality of the answer by pointing out that for his suggestion. The particular difficulties of operating 3.3 million jobs in the UK are dependent on our trade in many locations with different staff and different with Europe. devices mean that the cloud gives us a significant opportunity to improve service. Incidentally, it also gives us the opportunity to save a considerable amount of money, which can be put into further improving the service— HOUSE OF COMMONS COMMISSION Mr Speaker: I think—sorry, the hon. Gentleman had not quite finished his answer. The hon. Member for Caithness, Sutherland and Easter Ross, representing the House of Commons Commission, John Thurso: No, Mr Speaker, I think you were right. was asked— Mr Speaker: I hope this is the start of a trend. Parliamentary ICT Mr Barry Sheerman.

4. Helen Goodman (Bishop Auckland) (Lab): What Mr Barry Sheerman (Huddersfield) (Lab/Co-op): I recent assessment he has made of the quality of service get quite a good service out of PICT. I had the fortunate to hon. Members provided by Parliamentary ICT. experience of walking through PICT’s offices the other [904792] day. Why is it that so many men are employed in PICT? There are hardly any women at all. What is going on in John Thurso (Caithness, Sutherland and Easter Ross): recruitment here? Surely we believe that women can do Parliamentary ICT services are scrutinised by the this kind of task in a way that is equal to, if not better Administration Committee on a regular basis. The most than, men. recent report to the Committee was on 16 June and related to the migration of mailboxes to Microsoft 365 John Thurso: I can only say to the hon. Gentleman services. This summer, all parliamentary services were that the House Service is committed to diversity in subject to a process of interviews with Members and terms of gender and in many other ways. It is led by their staff. A summary of the feedback has been published, Mr Speaker and the management. As to PICT itself, I and a summary of responses from PICT and House would have to look into the matter and write to him as departments to the feedback will be considered by the I do not have the facts to hand. Committee on 14 July.

Helen Goodman: I am grateful to the hon. Gentleman for that answer. I will not detain the House with the LEADER OF THE HOUSE six-month tale of trying to get my BlackBerry mended, because it would take too long, but I know that I and The Leader of the House was asked— many other Members are having considerable difficulties with IT services in the House at the moment. For House Business Committee example, Microsoft 365 seems to require people to have 20:20 vision, and the average age of a Member of this 5. Mr Philip Hollobone (Kettering) (Con): For what House is 55. It is proving extremely difficult. What can reasons he has not brought forward proposals to he do to ensure that the service is centred more on implement the coalition agreement commitment to set Members’ needs and less on strategy? up a House business committee. [904793] 439 Oral Answers10 JULY 2014 Oral Answers 440

The Deputy Leader of the House of Commons (Tom will my hon. Friend tell me whether the taxpayer will be Brake): The reasons for not bringing forward proposals paying the cost of travel to the UK for interview of any for a House business committee were set out in full last candidates from abroad, and what budget has been set December when the Government responded to the relevant aside to fulfil that? inquiry of the Political and Constitutional Reform Committee. John Thurso: With regard to the first part of the right hon. Gentleman’s question, I can of course confirm Mr Hollobone: Allowing the House of Commons to that we all recognise the supreme importance of the role timetable its own programme while allowing for sufficient of the Clerk and the Chief Executive in our affairs, and time for the Government of the day to get their legislation I am sure that the panel will be working very diligently—I through is a really good idea and was perhaps the best am serving on that panel—to ensure that the person feature of the coalition agreement. Does my right hon. with the right qualifications is chosen for the job. With Friend share my disappointment that this key part of regard to the second point, I do not know what the the coalition agreement has been dropped? expenses may be for candidates and therefore may I write to my right hon. Friend on that question? Tom Brake: I am sure that my hon. Friend will be as aware as I am that, in trying to identify a consensus around which the House could coalesce in relation to LEADER OF THE HOUSE the House business committee and the need for it to be able to take into account the successful establishment of the Backbench Business Committee and what is happening The Leader of the House was asked— in the House of Lords, it was in fact impossible to come forward with a proposal that would satisfy all Members. Select Committee Reports

7. Paul Flynn (Newport West) (Lab): What recent guidance he has given to his ministerial colleagues HOUSE OF COMMONS COMMISSION about providing substantive responses to Select Committee reports. [904797] The hon. Member for Caithness, Sutherland and Easter Ross, representing the House of Commons Commission, The Deputy Leader of the House of Commons (Tom was asked— Brake): Written guidance produced by the Cabinet Office, commonly referred to as the Osmotherly rules, specifies Clerk of the House and Chief Executive that Departments should aim to provide the considered Government response to both Commons and Lords 6. Mr Simon Burns (Chelmsford) (Con): What Select Committee reports within two months of their assessment he has made of the procedures for the publication. appointment of the next Clerk of the House and Chief Executive; and if he will make a statement. [904795] Paul Flynn: The “revolving door” is the pernicious system whereby senior Ministers, military people and John Thurso (Caithness, Sutherland and Easter Ross): civil servants can prostitute their insider knowledge for The process for appointment of the next Clerk of the private gain in their retirement years. The system for House and Chief Executive has included public controlling this, the Advisory Committee on Business advertisement and the use of an executive search agency Appointments, was criticised by a Select Committee to identify potential candidates, undertake initial interviews, and reforms were suggested. That did not have an review all applications and draw up a long list of suitable answer in two months; it has not had an answer in candidates. A short list for interview has been agreed by 22 months. the selection panel. As the process is not yet concluded, I cannot yet provide the assessment that my right hon. Tom Brake: I am aware that the hon. Gentleman has Friend seeks. an interest in the pre-appointment hearings issue, and I understand that the Minister for the Cabinet Office was Mr Burns: I accept that the role of the Clerk of the questioned recently by the Public Administration Select House is of vital importance to all hon. Members. Committee about the matter. I am pleased to report Given that the world has been trawled for a potential that the Cabinet Office has now submitted its response successor, even, for some odd reason, as far as Australia, to the Committee. 441 10 JULY 2014 Business of the House 442

Business of the House Ms Eagle: I thank the Leader of the House for announcing next week’s business, and for ensuring that access to our debates for those with disabilities remains possible, despite the works that inevitably have to go on 10.35 am during the recess. I realise that we will hear a statement shortly, but will Ms Angela Eagle (Wallasey) (Lab): Will the Leader of the Leader of the House confirm the arrangements for the House please give us the business for next week? next Tuesday’s sitting, and whether he will extend it to ensure that the House can properly scrutinise emergency The Leader of the House of Commons (Mr Andrew legislation to restore the status quo prior to the European Lansley): The business for next week is as follows: Court ruling on data protection? We now have the business until the summer recess. MONDAY 14 JULY—Second Reading of the Childcare Payments Bill, followed by a motion to approve the first After six weeks of legislative lethargy, just like buses, all report from the Committee on Standards on respect the Government’s Queen’s Speech legislation has come policy. along at once, with 25% of it in just five days. On Monday we will debate the Childcare Payments Bill. TUESDAY 15 JULY—Proceedings on a Business of the Nursery costs have risen five times faster than wages House motion, followed by all stages of the Data Retention since the election, but the Government have done nothing, and Investigatory Powers Bill. and this Bill will not come into force until after the next election. Will the Leader of the House tell us why the WEDNESDAY 16 JULY—Motion on the retirement of the Clerk of the House, followed by Second Reading of Government will not support our plans to extend free the Small Business, Enterprise and Employment Bill. child care from 15 hours to 25 hours? And will he tell us why with this Government it is always too little too late? THURSDAY 17 JULY—Statement on the publication of the second report from the Political and Constitutional On Wednesday, we will debate the Small Business, Reform Committee, “A New Magna Carta?”, followed Enterprise and Employment Bill, which bears an eerie by statement on the publication of the second report resemblance to the Deregulation Bill as it features such from the Education Committee, “Safe and Suitable: a random assortment of issues that virtually any new 16-plus Care Options”, followed by debate on a motion clause the Government care to produce is within its relating to the universal postal service obligation, followed scope. Will the Leader of the House now give me a by general debate on provision of education for children cast-iron assurance that the Government have no intention with autism, followed by general debate on the position of tabling 45 new clauses and leaving just 43 minutes to of Hazaras in Afghanistan and Pakistan. The Select debate them, as they did during the passage of the Committee statements and the subjects for debate were Deregulation Bill in the Commons? Will he tell us why determined by the Backbench Business Committee, to the Governments do not back our plans to provide be followed, if necessary, by consideration of Lords certainty for people working regular hours on a zero-hours amendments. contract? A week on Monday, we will debate the Social Action, FRIDAY 18 JULY—The House will not be sitting. Responsibility and Heroism Bill, which has a title that is The provisional business for the week commencing longer than its contents. The Government really are 21 July will include: living in a parallel universe. The Passport Office has tried to claim that everything is okay, but it is still MONDAY 21 JULY—Second Reading of the Social struggling with a backlog of half a million applications. Action, Responsibility and Heroism Bill. The Prime Minister tried to claim that the NHS is TUESDAY 22 JULY—Matters to be raised before the getting better when it is actually getting worse and then forthcoming Adjournment, as selected by the Backbench we had the spectacle of the Secretary of State for Work Business Committee. and Pensions being dragged to the House surreptitiously to confirm while appearing to deny that the business I should also like to inform the House that the case for the implementation of universal credit is yet to business in Westminster Hall for 17 and 21 July will be: be signed off by the Treasury. The Secretary of State THURSDAY 17 JULY—Debate on the middle east and denied on the Floor of the House yesterday that the north Africa. Treasury had ever questioned the financial viability of the business case for his pet project, but on Monday the MONDAY 21 JULY—Debate on an e-petition relating to making Eid and Diwali public holidays. Cabinet Secretary, Sir Jeremy Heywood, said that the Treasury played a role Hon. Members will wish to know that Westminster “in bringing to the Secretary of State’s attention that the project Hall sittings will be temporarily relocated to Committee was way off track.” Room 10 for the two weeks of the September sitting. Repair and modernisation work will be undertaken to That directly contradicts what the Secretary of State the lift that provides access to the Grand Committee said yesterday and both cannot be true, so which is Room and the Jubilee CPA and IPU Rooms. This work true? will not affect the Grand Committee Room itself, but As the population ages, more people are in need of will rule out disabled access, and the relocation to care, but this week figures show that the number of Committee Room 10 will therefore ensure that Members people receiving care has fallen by 5% in the past year of Parliament, staff and members of the public who alone. A report from the Public Accounts Committee require lift access will still be able to attend sittings in warns today that despite the squeeze in adult social Westminster Hall. care, the Government do not appreciate the scale of the 443 Business of the House10 JULY 2014 Business of the House 444 challenge. I was therefore surprised to read an e-mail cases, the opportunity to be sure that when they undertake from the Liberal Democrat Education Minister to party something that is in the broad public interest or members that laments that demonstrates heroism, they will not be penalised. I “almost half of all carers are cutting back on essentials like food think that is very helpful. and heating.” The hon. Lady seems to have taken to a habit of He fails to mention that that is because his Government starting to re-run Opposition debates—in this instance, have cut £3.5 billion from care services. The Deputy on universal credit. The House had an opportunity to Prime Minister told the Radio Times this week that it debate universal credit on an Opposition motion, an takes a “steely side” and thick skin to get on in politics, opportunity to listen to my right hon. Friend the Secretary but he failed to admit that Liberal Democrats also need of State for Work and Pensions answer the urgent two faces. I understand that Liberal Democrat MPs question very thoroughly and successfully, and an have been sent to Bedfordshire for survival training. At opportunity, through the Liaison Committee, on estimates, least they are finally admitting that they are an endangered to debate the implementation of universal credit. In species teetering on the verge of extinction. every instance, my right hon. Friend and Ministers This week, the Financial Times has revealed that the made it admirably clear how we are proceeding with a majority of candidates selected to replace retiring Tory policy that, frankly, the Opposition supported. It is MPs are white male Eurosceptics. In South Suffolk, the typical political opportunism to try to cavil as we implement long list contained seven women but the shortlist was this safely and securely, as distinct from their implementation made up of three men. A former leader of the UK of the tax credit system, which was, in truth, chaotic. Independence party will contest South Thanet for the The hon. Lady talked about the cost of living. Let me Tories. It has gone from the A-list to the Tea party. This remind her of what this coalition is doing together to week, the hon. Member for Hexham (Guy Opperman)—a assist people with the inevitable difficulties of coping in Conservative Member—admitted that he keeps the Prime the wake of the destruction of economic value by Minister off his leaflets, that no one wants to keep Labour, which took £3,000 per household out of the value hearing about Europe and that it is so lonely being a of the economy. We are cutting tax for over 26 million northern Tory that their regional group could meet in people, taking 3 million people out of income tax a lift. Where does that leave the Liberal Democrats? altogether, freezing fuel duty for the rest of this Parliament, helping local authorities to freeze council tax, delivering Mr Lansley: I am grateful to the shadow Leader of an average £50 reduction in energy bills, cutting £50 from the House for her remarks. May I take this opportunity, some of the highest water bills down in the south-west, Mr Speaker, to say how much I and other Members of capping rail fare increases, capping charges on pensions, the House enjoyed hearing the parliamentary choir stopping excessive charges when paying with credit and singing with their colleagues from the Bundestag last debit cards, and capping the cost of payday loans. On night? I know that you, Mr Speaker, and Professor child care, which she mentioned, we are funding 15 hours Dr Norbert Lammert, President of the Bundestag, had a week of free child care for all three and four-year-olds the opportunity to address a packed Westminster Hall. and for disadvantaged two-year-olds. I look forward to It was the most inspiring and entertaining concert. the support that I hope the House will give to the The shadow Leader of the House asked about the Childcare Payments Bill, which introduces tax-free child business for next Tuesday. She is quite right: as we will care for working families. That is how we are helping complete all stages of the Bill on Tuesday it is important working families in this coalition Government, and I that we have a full opportunity for debate, so, subject to look forward to the debates that push that agenda discussion and a motion being put before the House, I forward. hope that the debate will extend to 10 pm. Several hon. Members rose— The shadow Leader of the House seemed to castigate us for not having enough legislation, but in order to do Mr Speaker: Order. As usual, a great many right hon. so she ignored the fact that after the Queen’s Speech and hon. Members are seeking to catch my eye, but I debate we entered into the consideration of a number of remind the House that there are two statements to carry-over Bills and the Finance Bill, and we are now follow the business question and then a significantly moving on to the Second Readings of the Bills that have subscribed debate, the contributors to which I am naturally been introduced in this Session. That is entirely normal. keen to accommodate. Therefore, exceptionally, it may Strangely enough, she said that there is too little legislation not be possible to accommodate everybody at this session and then complained that the small business Bill had today. To maximise my chances of doing so, I will too much in it and that we might introduce amendments require extreme brevity from Back Benchers and Front to it. It is a wide-ranging Bill. Its character is different Benchers alike. from that of the Deregulation Bill. That Bill is principally about removing regulations that cause a burden, but the Mr Stewart Jackson (Peterborough) (Con): May we small business Bill is about making the policy changes have a debate on expeditious deportations? Last week, in legislation that are necessary to promote enterprise Lithuanian career criminal Mantas Pronckus appeared and reduce burdens. This is not just about reducing for the third time at Peterborough Crown court having burdens but about promoting enterprise, and rightly so. been arrested, charged and sentenced twice before. He Curiously, the hon. Lady said that the small business had apparently agreed, in an informal arrangement Bill was too long and then complained that the heroism with the Home Office, to leave the UK permanently, but Bill was too short. I quite like a short Bill, as it happens—I had clearly failed to do so. When are we going to think that is rather a good thing. I look forward to the upgrade arrangements at the borders to protect our Second Reading debate on the Bill, which will introduce constituents and permanently exclude the likes of the important aspect of giving people in law, in civil unpleasant criminals such as Pronckus? 445 Business of the House10 JULY 2014 Business of the House 446

Mr Lansley: I am grateful to my hon. Friend for for Manchester, Gorton, for more than two years, placing raising a case that I know is of concern to his constituents, his livelihood in jeopardy throughout this period, subjecting and Members will have been interested in what he had him to intolerable pressure and blatantly violating their to say. I will, if I may, speak to my colleagues at the own employment procedures; in particular condemns Allan Home Office, in order to establish what the position is. Edwards, Asda Director of Public Affairs, who, in correspondence with the right hon. Member over a prolonged Mr Speaker: Perhaps I can look to a distinguished period, has procrastinated and dodged in order to fob off former Cabinet Minister to offer us the tutorial in extremely justified concerns; and calls on the Secretary brevity. I call Mr John Denham. of State for Work and Pensions and the Secretary of State for Business, Innovation and Skills to investigate Mr John Denham (Southampton, Itchen) (Lab): May these immoral thugs, who clearly believe that they are we have a debate on compensation for faulty work immune from decency because of the company’s huge carried out under the affordable warmth obligation? wealth.] The Mark Group carried out work on the home of a My constituent came to see me last Friday evening in constituent of mine, presenting itself as delivering a a state of enormous distress about the way in which this Government scheme, but now neither it nor the regulator huge, powerful and wealthy organisation has deprived or Ministers are willing to act to compensate my constituent. him of his employment and put him through procedures that were not necessary, while not abiding with its own Mr Lansley: I was not familiar with the issue raised internal procedures. This is intolerable in any circumstances. by the right hon. Gentleman, but I will, of course, raise An organisation that advertises on television how it with my colleagues at the Department for Environment, marvellous it is ought to be dealt with. Will the right Food and Rural Affairs. He may, of course, wish to hon. Gentleman respond to me in his customary helpful raise it himself at next Thursday’s questions. fashion?

Anne Marie Morris (Newton Abbot) (Con): My right Mr Lansley: I have read the early-day motion to hon. Friend will be aware of the recent tragic case of which the right hon. Gentleman refers. It is expressed in three-year-old Sam Morrish in my constituency. Sam strong terms, as, indeed, was his question just now. I died of sepsis while under the care of the local NHS will, as he asks in his early-day motion, ask my colleagues and it took more than two years for the ombudsman’s at the Department for Business, Innovation and Skills report to be delivered, causing a lot of grief to my to respond to it and his question. There are civil procedures constituent, which, frankly, is a disgrace. Will my right available under employment law for those who are the hon. Friend agree to a debate in this Chamber on the subject of any kind of discrimination or bullying, and it ineffective and unaccountable ombudsman process, which is those routes, rather than those of Government, that was established in 1967 and the guidelines for which are should primarily be used. now long overdue for reform, particularly given that that was the conclusion reached by the Public Mr Speaker: Everything the right hon. Member for Administration Committee in its April 2014 report? Manchester, Gorton (Sir Gerald Kaufman) says is said in strong terms. Mr Lansley: My hon. Friend raises a tragic case and I share with the Prime Minister, with whom she has also raised it, the sense of deep regret and sorrow for the Dr Thérèse Coffey (Suffolk Coastal) (Con): Many family of Sam Morrish. I have a number of things to parents will not have been able to get their children to say in response. First, the role of the ombudsman is to school today. May we have a debate on whether to make mitigate distress and to provide redress where appropriate. it a statutory duty of governing bodies that schools stay When that does not happen, the health ombudsman open? herself very much regrets it and she has expressed regret in this case. The Government are considering the Public Mr Lansley: My hon. Friend is right. This matter is a Administration Committee reports on how complaints cause of considerable regret, an inconvenience to many about public services are handled. The Cabinet Office is parents and completely unnecessary. The National Union taking a wider look at the role and powers of the public of Teachers, proceeding as it is on a mandate from a sector ombudsman and we will respond to those reports ballot way back in September 2012, is taking unjustified in due course. and intemperate action. I hope it will reconsider taking such action in future, but if it does not it will be Sir Gerald Kaufman (Manchester, Gorton) (Lab): important for Government to consider all the circumstances May I thank you, Mr Speaker, for receiving the Speaker involved in such events and whether the law is right in of the Parliament of Pakistan with such courtesy? I saw this area. him last night and he appreciated it very much. Has the right hon. Gentleman seen early-day motion Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) 238, standing in my name and those of other Members, (SNP): The regional air connectivity fund could be used with regard to the persecution of a constituent of mine to make airports in the north of Scotland, such as who is a member of staff of a branch of Asda in my Stornoway, more central by investigating the possibility constituency? of links to the further north, namely the Faroe Islands—a [That this House condemns, in the strongest possible similar group of islands to the Hebrides—or even as a terms, the tyrannical employment practices of Asda, whose stop on the route through to the Faroes or Iceland. branch in Longsight, Manchester, has bullied and bludgeoned Does the Leader of the House think that we could have a staff member, a constituent of the right hon. Member a full debate on this matter? [Laughter.] 447 Business of the House10 JULY 2014 Business of the House 448

Mr Lansley: That is an interesting new interpretation school holidays? The fact is that we still base holidays of brevity: just to have the same number of words, but on getting in the harvest or on closing mills to look after expressed in a shorter period of time. I cannot promise children. It is a rotten system, which needs to be changed. a debate, but I will of course seek a response to the hon. People are exploited by premium prices during school Gentleman’s question. holidays. Let us get school holidays right. Surely that is a good topic for a debate. Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con): The Leader of the House will be fully aware that Mr Lansley: The hon. Gentleman will recall that it is almost exactly six months since a sizeable part of there was certainly considerable public interest about the flooding started in Somerset. May we have time for this subject on our e-petitions website. If I recall correctly, a debate to discuss the lessons learned, the things we are it gave rise to a debate provided through the Backbench doing and what that means across the UK so that the Business Committee. He is absolutely right that it is lessons we are learning now are not forgotten if we have important to have such a debate, because parents feel the same problem next year? strongly on both sides of the issue—about ensuring that children are in school with access to education, rather Mr Lansley: I will of course talk to my hon. Friends than absented; and about giving parents some relief about that matter, and although time is very limited from the very high cost of holidays that have to be before the recess, I none the less hope that we can learn taken during school holidays. such lessons before the time of year when there is a further risk of flooding. More to the point, I know that Mrs Cheryl Gillan (Chesham and Amersham) (Con): my right hon. Friend the Secretary of State for As one of the trustees of the Parliament choir, I thank Environment, Food and Rural Affairs is very keen to the Leader of the House for his kind remarks. I thank come back to the House as soon as he can to update you, Mr Speaker, and the Speaker of the other place for hon. Members. facilitating the historic event last night with the Bundestag In relation to the previous question, there is a Westminster choir. Through you, I also thank all the staff who made Hall debate on Tuesday on domestic and international the evening so wonderful by working so hard. connectivity provided by regional airports, which may May we have a debate on access for the elderly and be helpful to the hon. Member for Na h-Eileanan an Iar the disabled to London Underground stations? Unlike (Mr MacNeil). the Speaker and the Leader of the House, who are replacing Westminster Hall with Committee Room 10 Barry Gardiner (Brent North) (Lab): It is summer so that the disabled and elderly can have access to our and people want to be out in the countryside, so may we deliberations, London Underground still refuses to provide have a debate on the delays to the coastal path and step-free access at Amersham station. other obstacles to access?

Mr Lansley: If I may say so, I think the hon. Gentleman’s Mr Lansley: I am interested in what my right hon. objective is very laudable, and if time were available for Friend has to say. Of course, her constituency is outwith such a debate, perhaps on the Adjournment, I am sure London. None the less, as I understand it, this matter is that many hon. Members from across the House would the responsibility of Transport for London. She might welcome it. wish to seek a debate on the Adjournment. To be as helpful as possible, I will write to Transport for London Mr David Amess (Southend West) (Con): Will my and the Mayor of London to see how they respond to right hon. Friend find time for a debate on the dredging the point that she rightly makes. of the Thames estuary? Leigh-on-Sea fishermen are complaining about the loss of their catch. I recently Meg Hillier (Hackney South and Shoreditch) (Lab/ waded into the Thames estuary—I cannot walk on Co-op): On 13 May, the Deputy Prime Minister promised water yet—and I saw Victorian cart tracks that have to write to me about it. Two weeks ago, the Prime been exposed. Something is amiss with the Thames Minister promised to raise it with the Secretary of State estuary. for Culture, Media and Sport. Is it not time that the Secretary of State came to the House to talk about Mr Lansley: I am sorry that I was not present to see broadband and the plans to improve infrastructure, my hon. Friend’s Canute moment. Happily, I can tell because Members of all parties from up and down the him that the Marine Management Organisation is aware country have concerns about it? of the concerns raised by fishermen about commercial fish stocks in the Thames. In the next few weeks, the Mr Lansley: The hon. Lady will recall that the Secretary Marine Management Organisation, the Kent and Essex of State and his Ministers talked about broadband in Inshore Fisheries and Conservation Authority and the response to questions last week. I thought that they did Environment Agency will organise a joint agency workshop so very persuasively. I will look back at the dates to to bring together industry leaders and experts to review which she refers and see whether there are specific issues the current state of key commercial fish stocks in the on which I can encourage Ministers to respond to her Thames. They will consider environmental impacts, marine further. developments, climate issues, freshwater run-off and reduced salination. They are very happy to keep my Tessa Munt (Wells) (LD): The 668 bus from Cheddar hon. Friend informed about this matter. village connects to the main service to Bristol, where several of its residents work. The cuts that have been Mr Barry Sheerman (Huddersfield) (Lab/Co-op): Does made by Somerset county council mean that the bus the Leader of the House agree that it is high time we will end its journey in Shipham, leaving a 1.5 mile gap had a debate on the absurdity of English and Welsh to Langford, which is across the county border. I have 449 Business of the House10 JULY 2014 Business of the House 450

[Tessa Munt] possible for amendments to be tabled before Second Reading so that they may be considered in Committee remonstrated with the council, but it does not see that and on Report. However, manuscript amendments are a saving £14,000 annually on a bus service means that the matter for the Chair. taxpayer will have to support people who have to give up their jobs, even though they are able to work. Is there Sir Tony Baldry (Banbury) (Con): May we have a anything that the Leader of the House can do to help? debate next week on the courtesies to be shown to Members of Parliament by the machinery of government Hon. Members: No! to better enable us to do our jobs properly on behalf of our constituents? Is there any possible reason why the Mr Lansley: There is. I can encourage my right hon. leader of the district council in my constituency, the and hon. Friends at the Department for Transport to chief executive and myself have been banned by Defence respond to the point that my hon. Friend has made so Ministers from meeting Neil Firth, who leads a defence persuasively on behalf of her constituents. and storage centre in Bicester? That is a significant local Mr Gordon Marsden (Blackpool South) (Lab): Like employer and there are a number of relevant and immediate many Members, I have had the melancholy experience local issues about job security and planning. of writing to officials at the Department for Work and Pensions, in this case about a personal independence Mr Lansley: May I take the opportunity to wish my payment centre in Blackpool, waiting two months for a right hon. Friend a happy birthday? I am sorry to reply and then finding that the answer has been outsourced report that due to an administrative error, he was sent to Atos. May we have a debate on the responsibility an incomplete and inadequate response to his letter to of Departments to ensure that when Members write the Minister responsible for defence equipment, support to their officials, the answers are not outsourced to and technology, the Under-Secretary of State for Defence, organisations that have been judged to be failing? my hon. Friend the Member for Ludlow (Mr Dunne). That did not follow the proper process, and I assure my Mr Lansley: If the hon. Gentleman is able to give me right hon. Friend that the Minister will write to him the details, I will look into the precise circumstances with a comprehensive response. The Minister has offered of his correspondence. My practice as a Member of briefings to all interested Members on the competitive Parliament, when I believe that there is a ministerial process, and indicated that he is willing to meet the responsibility, is to write to Ministers about issues. I do delegation from Cherwell district council to hear its not always get a reply, but I hope to get one. That tends concerns. to ensure that the responsibility for the reply is not diverted elsewhere. Ian Paisley (North Antrim) (DUP): On 17 July, the Hallett review into on-the-runs will be published, and I Mark Pawsey (Rugby) (Con): Rugby is well known as note that no space is available for a statement in the the birthplace of the game, but our offer to visitors also House. Will the Leader of the House make that space includes our festival of culture, which is on right now. available and allow for a statement on that day? Given the pressure on town centres across the country, may we have a debate on how such events can revitalise Mr Lansley: The only reason I did not refer to the town centres and bring people into them? statement next Thursday is because I announced it last week. My right hon. Friend the Secretary of State for Mr Lansley: I am glad to have the chance to congratulate Northern Ireland will make a statement next Thursday Rugby on its ambition and vision, which is displayed in on the Hallett review. its festival of culture. We welcome partnerships such as that between Rugby First and Rugby borough council, as well as the other sponsors and partners, which show Bob Blackman (Harrow East) (Con): The Prime Minister what culture can do to promote town centres and instil has visited India more than any other country, and the pride in local communities across the country. We have Chancellor and Foreign Secretary are both in India this the UK city of culture competition but, as my hon. week, building on our wonderful relationships with that Friend has demonstrated, many other towns and cities country. May we have a statement or a debate on can show how culture can be an essential part of their building relationships with India and the new Modi-led further regeneration. Government? Chris Bryant (Rhondda) (Lab): The Leader of the Mr Lansley: It is welcome that the Foreign Secretary House has already announced the Third Reading of the and Chancellor visited India this week and were able to Data Retention and Investigatory Powers Bill, which we meet Indian Prime Minister Modi, as well as the Finance will consider on Tuesday, but we have not even had its and Foreign Ministers. That enabled us to engage with First Reading yet. Will he ensure that he tables two the new Indian Government, and allowed the Foreign motions on Monday: one to allow the tabling of Secretary to announce a quadrupling of funding for the amendments before Second Reading, which otherwise Chevening scholarship scheme, as well as an expansion would not be allowed, and another to allow manuscript of our diplomatic network in India. The Chancellor amendments to be taken on the Floor of the House on announced significant inward investments and substantial Tuesday? UK export finance credit to support investment in Indian infrastructure projects. Not least, I am delighted Mr Lansley: We are proceeding with legislation that is that my right hon. Friends announced plans for a statue urgent. For that reason, some of the normal processes of Mahatma Gandhi—the inspiration for non-violent are being telescoped together. The short answer to the civil rights movements around the world—to be erected first request is yes, I will certainly ensure that it is in Parliament square early next year. 451 Business of the House10 JULY 2014 Business of the House 452

Jonathan Ashworth (Leicester South) (Lab): Many of Communities and Local Government to establish what my constituents have been in touch with me recently to opportunities local authorities have to ensure that car express alarm at the escalating situation in Gaza, and boot sales function in a way that is fair to local people. that topic arouses great interest in many Members across the House who have sincerely held views. May we Diana Johnson (Kingston upon Hull North) (Lab): have a statement from the Foreign Secretary next week The report published by the Public Accounts Committee on the position of the UK Government? and today’s Daily Mail say that there are more than 300 complaints a day of abuse by carers of elders. May Mr Lansley: The hon. Gentleman and the House will we have a debate on the Government’s policy on keeping know that the Foreign Secretary has been assiduous in our most vulnerable adults safe? keeping the House updated and making statements as and when appropriate. In particular, I draw the hon. Mr Lansley: The hon. Lady will recall that the coalition Gentleman’s attention to the debate in Westminster Government have responded to elder abuse on many Hall next Thursday—I am grateful to the Backbench occasions. In particular, through the establishment of Business Committee for selecting it—on the middle east more inspections and an unannounced inspection regime and north Africa. by the Care Quality Commission, we are trying to give greater reassurance and to take action when any evidence John Glen (Salisbury) (Con): Public Health England of abuse emerges. That is especially true of abuse in recently informed me that it intends to submit an outline domiciliary care. The CQC is working to ensure that it business case to the Treasury on the future of the can take appropriate steps, including inspections, in Porton Down facility in my constituency. Given the domiciliary care circumstances, which have hitherto importance of that decision and the Government’s drive effectively been without that kind of scrutiny. to increase transparency in decision making, will the Leader of the House make time for a statement from the Minister so that I can have access to the documents Robert Halfon (Harlow) (Con): Has my right hon. that underpin that decision by Government Ministers? Friend seen my early-day motion 240 on Travellers? [That this House notes that over 100 travellers are Mr Lansley: My hon. Friend will know that it is currently parked illegally on three sites in Harlow; further established practice that outline business case documents notes that they are illegally moving between multiple sites are not shared outside the Government in advance of in Harlow; is pleased that Essex Police are issuing the decisions being made, to protect commercial confidentiality travellers on Third Avenue in Harlow with a Section 61 and the integrity of decision making. However, I completely notice that will require the travellers to leave their current recognise the importance of ensuring that Members are site; recognises the hard work of Harlow Council to given as much information as possible, and I understand resolve this issue; thanks Harlow residents for their ongoing that Public Health England has been discussing, and patience on this matter; and therefore urges Essex Police will continue to discuss, the progress of that business to issue further Section 61 notices on the remaining illegal case with my hon. Friend. sites.] We have a crisis in Harlow to do with Travellers that Valerie Vaz (Walsall South) (Lab): May we have an is reaching breaking point. Essex police are reluctant urgent statement on patient budgets and the change of to use section 61. When the Travellers are moved on, policy by NHS England? Without a statement to Parliament they go to another location nearby. Will my right hon. or an impact assessment, who is in charge of the NHS? Friend the Leader of the House look at the law, and contact the Home Secretary and the Secretary of State for Communities and Local Government to see what he Mr Lansley: I do not think it is a fundamental change can do to help us in Harlow? in policy. When I was Health Secretary I was clear, for example, that for those with continuing health care Mr Lansley: I have great sympathy with my hon. needs, personal budgets would be established that embraced Friend, who raises an issue of importance to his constituents. health needs and social care needs. As the Health and I understand that not least because, in my constituency, Social Care Act 2012 continues to make clear, the at Smithy Fen next to Cottenham, we had considerable Secretary of State is responsible for the national health problems over a number of years. The coalition Government service and will—and does—report to the House whenever have given additional powers. We made a number of there are major changes in policy affecting the NHS as those changes to try to ensure that we can stop abuse a whole. and that enforcement action can be taken. Local authorities and police have powers. My hon. Friend is right to raise Gavin Williamson (South Staffordshire) (Con): Residents the issue. I know he will be as assiduous as he is on so in the villages of Henley, Shareshill and Featherstone many other issues to ensure that the authorities take are often blighted by industrial-scale car boot sales. whatever action they can to protect his constituents. May we have a debate in the House on the irresponsibility of the operators and the impact they are having on my Derek Twigg (Halton) (Lab): Yesterday, the Secretary constituents? of State for Work and Pensions denied to me and the House that any concerns had been raised by the Treasury Mr Lansley: My hon. Friend makes a good case for on the financial viability of the business case for universal an Adjournment debate in order to illustrate those credit. That seems to be at odds with the comments issues more fully, but if I may be helpful in the meantime, made earlier in the week by the head of the home civil I will talk to my hon. Friends at the Department for service. Will the Leader of the House arrange for a 453 Business of the House10 JULY 2014 Business of the House 454

[Derek Twigg] Mr Lansley: As the hon. Gentleman knows perfectly well, the whole House shares in the sense of loss of our Treasury Minister to come to the House as soon as service personnel in Afghanistan, but I think we can possible to clarify whether the Treasury has raised any also take great pride in what they have achieved. Their financial concerns about the business case? achievements include establishing, through the Afghan national army, the ability to take and hold locations Mr Lansley: My right hon. Friend the Secretary of that were previously taken and held by the British State for Work and Pensions made the position perfectly Army. Actually, some of the places he refers to have clear, but let me reiterate that the Treasury confirmed, been taken and held by the Afghan national army. on 7 July, that it has approved funding for the universal credit programme in 2013-14 and 2014-15, in line with Philip Davies (Shipley) (Con): May we have a debate what the Secretary of State said. The universal credit on the success of the Tour de France in Yorkshire, programme is on track to roll out safely and securely which caused great excitement and showcased what a against the plan set out last year. The service is available great county Yorkshire is? Such a debate would highlight in 24 jobcentres, and the Treasury is fully engaged in the strength of feeling in Yorkshire that Gary Verity, that roll-out. who did so much to bring the Tour de France to Yorkshire, and for other things he has done, should be Mark Pritchard (The Wrekin) (Con): Within the next recognised in the next honours list, perhaps with a six months, the Ministry of Defence will announce the knighthood. If we cannot have a debate, I hope the successful bidder for the future supply of defence logistics Prime Minister, who has very kindly come in to listen to and repairs to Her Majesty’s armed forces. May we have my question, will take that message ringing in his ears a debate on why Shropshire and MOD Donnington’s as he leaves the Chamber. professional and skilled work force should win that contract? Mr Lansley: My hon. Friend has made his point extremely well. The Prime Minister will have heard it Mr Lansley: My hon. Friend will continue to lobby and I know he will have shared, with literally millions of effectively on behalf of his constituents. In the same people, the pleasure of seeing the Tour de France in fashion as I described to my right hon. Friend the Yorkshire over the weekend. If I may say so, I took Member for Banbury (Sir Tony Baldry), the Minister particular pleasure in seeing the Tour de France pass will be happy to meet my hon. Friend to hear his case. through my constituency on Monday. My hon. Friend makes an interesting and good point. Richard Burden (Birmingham, Northfield) (Lab): Will the Leader of the House ask the Secretary of State for Tom Blenkinsop (Middlesbrough South and East Health to make a statement to the House before the Cleveland) (Lab): South Tees clinical commissioning summer recess on the impact he believes his changes to group refused a £2,700 individual funding request, relating the education support grant will have from this September, to gynecomastia, for a very young, lean, fit, low body bearing in mind the letter I wrote to the Prime Minister mass index teenager in my constituency. May we have a on 2 July about the SWEET project in my constituency, debate on how funding requests are considered? Funding which provides vital social work education and training? was refused on the basis of emotional need, but his The project is having its grant cut from £28 to £20, and emotional needs and mental health were not assessed. it is not the only organisation in that situation. Mr Lansley: To be as helpful as I can to the hon. Mr Lansley: The hon. Gentleman will note that, if he Gentleman, if he provides me with further details I will is in his place on Tuesday when the Secretary of State ensure that, through my hon. Friends at the Department for Health answers questions, he might, with his usual of Health, the CCG responds to his point. ingenuity, be able to ensure that he asks that question. He has effectively given notice of it. Mr Philip Hollobone (Kettering) (Con): Should my right hon. Friend not be in his place next week because Mr David Nuttall (Bury North) (Con): Will the Leader he has been promoted to bigger and better things, may I of the House indicate whether there will be an opportunity thank him for his inspired leadership of the House? in addition to today’s debate to debate the Justice and Before he goes, will he arrange a full day’s debate, in Home Affairs opt-outs before the House has the Government time and led by the Prime Minister, on opportunity to vote on the opt-ins? Britain’s long-term economic plan, so that Members from across the House can describe how their constituencies Mr Lansley: My hon. Friend knows the debate on are benefiting from Britain’s strengthening economic this matter will take place after statements. I am sure recovery? that during the course of the debate he will have the opportunity to hear more about the process leading to Mr Lansley: I am grateful for my hon. Friend’s very the question of Justice and Home Affairs opt-outs kind words. A consistent theme of Business questions is being concluded. that I would have wished for more time to celebrate the coalition’s Government achievements in pursuing our Paul Flynn (Newport West) (Lab): Sangin, Musa long-term economic plan: cutting the deficit, promoting Qala, Now Zad and Kajaki, all defended and liberated growth, delivering welfare reform and capping welfare, through the sacrifice of the lives of hundreds of our controlling immigration, delivering on more skills, and, British soldiers, are all now reported to be under the perhaps most of all, having the opportunity to debate control of the Taliban. May we have a debate entitled, the dramatic increase in employment that has had such “Afghanistan: Mission Accomplished”? a positive effect right across the country. 455 Business of the House 10 JULY 2014 456

Mike Kane (Wythenshawe and Sale East) (Lab): After Communications Data and Interception the astonishing success of the Tour de France, many in the cycling community believe that a world class female tour of Britain would dominate the world. Will he raise 11.18 am that idea with the Secretary of State who has responsibility for sport, and report back? The Secretary of State for the Home Department (Mrs Theresa May): With permission, Madam Deputy Mr Lansley: I will of course raise it. I completely Speaker, I would like to make a statement about the use understand. In every possible field, we want to have of communications data and interception; the difficulties non-discrimination in terms of access to sport and the faced by the police, law enforcement agencies, and the kinds of competitive sports we see. security and intelligence agencies in utilising those capabilities; and the steps the Government plan to take to address those difficulties. Before I do so, I would like to make something very clear. What I want to propose in my statement today is a narrow and limited response to a set of specific challenges we face. I am not proposing the introduction of the Communications Data Bill, which was considered in draft by a Joint Committee of both Houses last year. I believe that the measures contained in that Bill are necessary, and so does the Prime Minister, but there is no coalition consensus for those proposals and we will have to return to them at the general election. The House will know that communications data—the who, where, when and how of a communication, but not its content—and interception, which provides the legal power to acquire the content of a communication, are vital for combating crime and fighting terrorism. Without them, we would be unable to bring criminals and terrorists to justice and we would not be able to keep the public safe. For example, the majority of the Security Service’s top priority counter-terror investigations use interception capabilities in some form to identify, understand and disrupt the plots of terrorists. Communications data have played a significant role in every Security Service counter-terrorism operation over the last decade. They have been used as evidence in 95% of all serious organised crime cases handled by the Crown Prosecution Service and they have played a significant role in the investigation of many of the most serious crimes in recent times, including the Oxford and Rochdale child grooming cases, the murder of Holly Wells and Jessica Chapman, and the murder of Rhys Jones. Communications data can prove or disprove alibis, identify associations between potential criminals and tie suspects and victims to a crime scene. I have talked before about the decline in our ability to obtain the communications data we need, which is caused by changes in the way people communicate and the technology behind those forms of communication. That is why I continue to support the measures in the draft Communications Data Bill. However, in addition to that decline, we now face two significant and urgent problems relating to both communications data and interception: first, the recent judgment by the European Court of Justice, which calls into question the legal basis upon which we require communication service providers in the UK to retain communications data; and secondly, the increasingly pressing need to put beyond doubt the application of our laws on interception, so that communication service providers have to comply with their legal obligations irrespective of where they are based. So I can tell the House that today the Government are announcing the introduction of fast-track legislation, through the data retention and investigatory powers Bill, to deal with those two problems. 457 Communications Data and 10 JULY 2014 Communications Data and 458 Interception Interception [Mrs Theresa May] communicate changing all the time, the communication service providers that serve the UK but are based overseas I want to deal with communications data first, because need legal clarity about what we can access. we must respond to the ruling by the European Court The House will understand that I cannot comment in of Justice that the data retention directive is invalid. detail on our operational capabilities when it comes to This directive was the legal basis upon which the intercept, but I have briefed the Opposition on Privy Governments of EU member states were required to Council terms and members of the Intelligence and compel communication service providers to retain certain Security Committee have heard first hand from the communications data where they do not otherwise require security and intelligence agencies, and it is clear that we them for their own business purposes. Indeed, the ruling have reached a dangerous tipping point. We need to provides us with such a problem precisely because very make sure that major communication service providers strong data protection laws mean that, in the absence of co-operate with the UK’s security and intelligence and a legal duty to retain specific data, companies must law enforcement agencies when they need access to delete data that are not required beyond their strict suspects’communications. Otherwise, we would immediately business uses. That means that if we do not clarify the see a major loss of the powers and capabilities that are legal position, we risk losing access to all such used every day to counter the threats we face from communications data and, with it, the ability to protect terrorists and organised criminals. the public and keep our country safe. The ECJ ruling said that the data retention directive The Bill I am publishing today will therefore put does not contain the necessary safeguards in relation to beyond doubt the fact that the existing legal framework, access to the data, but it did not take into account the which requires companies to co-operate with UK law stringent controls and safeguards provided by domestic enforcement and intelligence agencies, also extends to laws, in particular the UK’s communications data access companies that are based overseas, but provide services regime, which is governed primarily by the Regulation to people here in the UK. I will make copies of the draft of Investigatory Powers Act 2000. RIPA was, and remains, Bill available in the Vote Office, and I will also make designed to comply with the European convention on available the regulatory impact assessments and the human rights. It ensures that access to communications draft regulations to be made under the Bill, in order to data can take place only where it is necessary and allow the opportunity for the House to scrutinise these proportionate for a specific investigation. It therefore proposals in full. provides many of the safeguards that the European The parliamentary timetable for this legislation is Court of Justice said were missing from the data retention inevitably very tight. My right hon. Friend the Leader directive. of the House has just provided details of the prospective The ECJ judgment clearly has implications not just timetable for the Bill’s consideration, but it is crucial for the United Kingdom, but for other EU member that we have Royal Assent by the summer recess. The states, and we are in close contact with other European Government have therefore sought to keep this Bill as Governments. Other countries, such as Ireland and short as possible. It is also subject to a sunset clause, Denmark, implemented the data retention directive through which means that the legislation will cease to have effect primary legislation, which means they have retained a from the end of 2016. The Bill thus solves the immediate clear legal basis for their data retention policies, unless a problems at hand and gives us enough time to review separate, successful legal challenge to their legislation is not just the full powers and capabilities we need, but the made. The UK does not have that luxury, because here way in which those powers and capabilities are regulated, the data retention directive was implemented through before Parliament can consider new, and more wide-ranging, secondary legislation. While we are confident that our legislation after the general election. regulations remain in force, the Government must act It is right to balance the need to prevent criminal now to remove any doubt about their legal basis and exploitation of communications networks with safeguards give effect to the ECJ judgment. The legislation I am to protect ordinary citizens from intrusions upon their publishing today and the draft regulations that accompany privacy. That is why, alongside the legislation I am it will not only do that; they will enhance the UK’s publishing today, the Government will also introduce a existing legal safeguards and, in so doing, address the package of measures to reassure the public that their criticisms of the European Court. rights to security and privacy are equally protected. We The House will understand that I want to be clear, as will reduce the number of public authorities able to I said earlier, that this legislation will merely maintain access communications data. We will publish an annual the status quo. It will not tackle the wider problem of transparency report, giving as much detail as possible— declining communications data capability, to which we within obvious parameters—about the use of these must return in the next Parliament, but it will ensure—for sensitive powers. We will appoint a former senior now, at least—that the police and other law enforcement diplomat—I am sorry, I mean a senior former diplomat; agencies can investigate some of the criminality that is for the avoidance of doubt, I repeat, a senior former planned and takes place online. Without this legislation, diplomat!—to lead discussions with other Governments we face the very prospect of losing access to this data to consider how we share data for law enforcement and overnight, with the consequence that police investigations intelligence purposes. would suddenly go dark and criminals would escape We will establish a privacy and civil liberties board, justice. We cannot allow that to happen. based on the US model, which will build on the role of I want to turn now to interception, because there is the independent reviewer of terrorism legislation, and growing uncertainty among communication service the board will consider the balance between security providers about our interception powers. With technology and privacy and liberty in the full context of the threat developing rapidly and with the way in which we we face from terrorism. 459 Communications Data and 10 JULY 2014 Communications Data and 460 Interception Interception We will review the interception and communications investigations and to protecting the public. The police data powers we need, as well as the way in which those use them to find out with whom a suspect or criminal powers and capabilities are regulated, in the full context may have been conspiring to commit serious crimes, or of the threats we face. The Government are discussing to radicalise a terror suspect. They are used in 95% of with the usual channels the precise form this review all cases of serious and organised crime that reach the might take, but I hope that an initial report will be prosecution stage. When children go missing, the police published before the next election. can contact their mobile phone companies and find out I have said many times before that it is not possible to where they were last. That helped them to find out that debate the correct balance between security and privacy— Holly Wells and Jessica Chapman were close to Ian and, more specifically, the rights and wrongs of powers Huntley’s house when their phone was switched off, and and capabilities such as access to communications data it helped to convict him of their murder. and interception—without understanding the threats The data also help the police to identify people who that we face as a country.Those threats remain considerable. are sending online vile images of children who are being They include the threat from terrorism—from overseas abused. An investigation by the Child Exploitation and and from here in the UK—but also the threat from Online Protection Centre resulted in the arrest of 200 industrial, military and state espionage practised by suspects, and found 132 children who were at risk of other states and foreign businesses; the threat from abuse and needed to be safeguarded. However, it was organised criminal gangs; and the threat from all sorts able to reach those suspects and those children only of criminals whose work is made easier by cyber-technology. because of communications data. The legislation is In the face of such a diverse range of threats, the certainly needed, and the information is certainly needed. Government would be negligent if they did not make The legislation is a more restricted version of the existing sure the people and the organisations that keep us data retention powers. It is because we recognise how safe—the police, other law enforcement agencies and crucial the evidence is that we believe that it would be the security and intelligence agencies—have the legal too damaging to lose it over the summer. powers to utilise the capabilities they need. They are We also recognise that there is a problem for some clear that we need to act immediately. If we do not, companies that provide communications services here criminals and terrorists will go about their work unimpeded, in Britain but whose headquarters are based abroad, and innocent lives will be lost. That is why I commend and which have asked for clarification of the scope of this statement, and this Bill, to the House. the legislation, as a result, again, of recent court cases. Companies should not be left in limbo or put off from 11.30 am complying with warrants when national security is at stake, for example, simply because they are concerned Yvette Cooper (Normanton, Pontefract and Castleford) about whether it is lawful to do so because of the (Lab): I thank the Home Secretary for her statement, location of their headquarters. and also for the detailed legal and security briefing with which her officials have provided me. We will scrutinise the detail of the legislation, and we will debate the safeguards that are necessary, but we We agree with the Home Secretary that a temporary agree that the legislation is needed now. However, I am and urgent solution is needed as a result of the European concerned about its late arrival. The European Court Court judgment in April, because otherwise the police judgment was in April, and the legislation has been and intelligence agencies will suddenly lose vital information published just seven days before the end of the and evidence this summer. It would be too damaging to parliamentary session. I hope that the Home Secretary the fight against serious and organised crime, to the will realise that it risks undermining confidence for work against online child abuse, and to counter-terror issues as important as this to be left until the last minute investigations to risk losing that capability over the next and rushed through on an emergency basis rather than two months while Parliament is in recess, and that is being given more time. We recognise the timetable of why we need to act. the European Court judgment and we recognise, too, However, as the Home Secretary will appreciate, there the information she has provided to us in the Opposition will be serious concern, in Parliament and throughout over the last week about her proposals, but she will also the country, about the lateness of this legislative proposal, recognise the importance of Select Committees being and about the short time that we have in which to able to take evidence, and being able to consider these consider something so important. That lack of time for proposals, too. debate makes the safeguards that we have discussed The short time for Parliament to consider this makes particularly important, and I want to press the Home the safeguards we have argued for and agreed even more Secretary on some of them. It also makes it essential important, so the Home Secretary is right to make this for the Government to engage in a wider, public temporary legislation. It means that Parliament will debate about how we balance privacy and security in need to revisit this issue properly next year, with detailed an internet age. evidence and the chance to secure a sustainable longer-term The European Court judgment has clearly created an framework. She is also right to add further restrictions immediate problem for companies that hold billing and to the way in which the legislation will work, and I ask other communications data to which the police have her for further clarification on this, because she will access under warrant when they investigate crimes. Action know we discussed, for example, narrowing the scope of needs to be taken in the short term simply to allow them some of the measures, as well as narrowing the number to continue to do what they have been doing, in a way of organisations that will be able to access the data, and that complies with the European Court judgment. The I would like to ask her for an update on those discussions, communications data need to be properly used under and whether she was able to produce that narrowing safeguards, but they are also vital to serious criminal in practice. 461 Communications Data and 10 JULY 2014 Communications Data and 462 Interception Interception [Yvette Cooper] We will scrutinise the detail of this Bill as it goes through Parliament next week and we will support it, We look forward as well to working in Parliament to because we know the police and intelligence agencies make the new privacy and civil liberties board work need this information to fight crime, protect children effectively, but one of the most important safeguards is and counter terrorism, and I hope we can also agree to the Government’s agreement to an independent expert the wider national debate that we need about how we review of the Regulation of Investigatory Powers Act, safeguard our security and our privacy in an internet something the Home Secretary will know I called for age. earlier this year. The legislation was drawn up in 2000. As a result of the communications data revolution, the law and our oversight framework are now out of date. Mrs May: I thank the right hon. Lady for the support New technology is blurring the distinction between she has shown for the emergency legislation and I am communications and content and between domestic grateful for the recognition across the House that we and international communications, and raising new need to ensure that our security and intelligence agencies, questions about data storage. We need to reconsider, and our police and law enforcement agencies, have therefore, what safeguards are needed to make sure available to them the powers they need to be able to do people’s privacy is protected in an internet age, and we the job we all want them to do in terms of catching need stronger oversight, too. criminals, preventing terrorism and catching terrorists. There is also a recognition that, as we have said, and as Previously the Government have resisted this proposal the sunset clause shows, this is meeting a gap now; it is for a RIPA review, and I am glad that they have now ensuring that those bodies have the capabilities they agreed. I have suggested the review should be done by have until now been able to rely on and that those are the independent counter-terrorism reviewer, David able to continue in the face of the legal challenges that Anderson. Will the Home Secretary tell me whether have arisen. that will be possible and also ensure that he will have the resources and capabilities and expertise he needs to be The right hon. Lady made a number of points. First, able to produce a thorough report which can recommend on the timing, the European Court of Justice judgment the kinds of reforms that we need but that can also give did indeed come in April, and, obviously, we have been confidence to the process? spending quite a time since then looking at what is the most appropriate way to respond to it. But to any There are three other areas, which we have raised Members of the House who think it would have been with the Home Secretary, and where it would be helpful possible to put these changes into normal legislation—into to see whether we can go further: first, in asking the another Bill that is going through the House or into a interception commissioner to provide reports every six separate Bill that was not fast-tracked—I say that that months on the operation of this legislation while it is in timetable was not available to us; it was always going to force; secondly, in strengthening the Intelligence and be necessary for this to be fast-tracked legislation in Security Committee so that it has the same powers as order to ensure that those capabilities are retained. Select Committees to call and compel witnesses and by having an Opposition Chair; thirdly, the longer-term The right hon. Lady mentioned the issue of Select reforms to overhaul the commissioners to provide stronger Committees wanting to be able to look at this measure. oversight. Again it would be helpful to have the Home The Prime Minister, the Deputy Prime Minister and I Secretary’s response to those proposals. briefed six Select Committee Chairmen yesterday, and today I am publishing a draft version of the Bill. The Most important, however, we need a wider, longer Bill will be formally introduced on Monday, but I public debate on these issues, which so far the Government thought it was appropriate to publish it in draft today, have refused. The majority of people in Britain rightly as that gives that little bit of extra time for people to be support the work of the intelligence agencies and the able to look at it. As I have said, I am aiming to make work the police need to do online to keep us safe, but the maximum amount of background supporting there are growing concerns as a result of new technology information—the regulatory impact assessments and so and the Snowdon leaks about what safeguards are forth—available to Members of the House, so that needed and whether the framework is still up to date. people have as much opportunity as possible within the The fact that the Communications Data Bill was so short timetable to be able to look at the various issues. widely drawn last year also raised anxiety and undermined trust in the Government’s approach. The right hon. Lady asked whether there was any The Government must not ignore those concerns or narrowing in the scope of the powers. The Bill makes they will grow and grow. It is vital to our democracy—both something absolutely clear in relation to the issues of to protecting our national security and to protecting intercept. There have always been three areas of scope— our basic freedoms—that there is widespread public national security, serious crime and economic well-being— consent to the balance the Government and the agencies and the Bill clarifies that economic well-being is there in need to strike. President Obama held such a debate last the context of national security. Just for the avoidance year. We have urged the Government to now lead such a of doubt, the Bill makes it clear that that is the context debate. I hope that the agreement to the RIPA review in which that has been used; it is related back to will now allow that widespread cross-party approach to national security. having that open debate about the safeguards for both The right hon. Lady raised a point about the ISC and privacy and our security that we need, because we its chairmanship. Of course, the House has relatively cannot just keep on doing short-term sticking plaster recently debated the ISC’s structure and its relationship legislation in a rush, without the proper consideration with Parliament. She has raised a specific point about of the privacy and security balance modern Britain the chairmanship and where that person should be wants to see. drawn from, and I recognise the strength of view that 463 Communications Data and 10 JULY 2014 Communications Data and 464 Interception Interception she and the Opposition have on the matter. Hers is not a public, albeit that much of that work, by definition, is policy that we have, but it is open to the House to debate never seen or heard because of the matters that it these matters should Members wish to do so. addresses. The Committee plays an important role. Finally, let me deal with the review that is to take My right hon. and learned Friend mentioned the place. The right hon. Lady made a number of points criticisms raised in the ECJ judgment, and there were about that, referring to it as a RIPA review. I should be four key areas of criticism, on scope, duration, access absolutely clear with the House that it is not just a and storage. We are addressing all those criticisms, in so review that will look at RIPA and ask whether we need far as it is necessary to do so over and above the to tweak that; as I said, the review will look at the regulations that we have in place. As I indicated in my interception and communications data powers we need, statement, our current framework already addresses as well as the way in which those powers and capabilities some of the issues that the ECJ raised. are regulated in the context of the threats that we face. That is important because we know that there are new Alan Johnson (Kingston upon Hull West and Hessle) challenges, through new technology, to our capabilities, (Lab): I support the Home Secretary’s statement and and the threat context that we face is developing. RIPA the legislation. Does she agree that restoring the status came through in 2000 and we would want any legislative quo is necessary but not sufficient? She has told us that changes that the Government make after the next election this information has been vital to uncovering every to stand the test of a reasonable amount of time; we single terrorist plot against this country over the past would not want to have to keep coming back to them. 14 years, and she has told us that there are gaps in that That is why this review has to be that wider review information. Is it not a paradox that we are rushing about the powers we need against the threat context we through legislation in seven days to restore the status have and about the legislative and regulatory framework quo when we have wasted five years in which we could in which those powers and capabilities are regulated. have addressed the gaps, thus leaving the security services less able to protect the citizens of this country? The right hon. Lady mentioned the proposal that David Anderson should undertake this review, and I am Mrs May: The right hon. Gentleman will have heard pleased to say to the House that I have been able to me indicate in my statement that legislation of the type speak to him this morning and that he is willing to proposed by the Government is necessary. Indeed, when undertake it. I think that is very good, given his expertise he was in government prior to the 2010 election, the and his knowledge and understanding of these issues. previous Government considered the future capabilities He and I have been very clear in our conversation. We that were necessary. That issue needs to be addressed, have not yet been in a position to sit down and discuss and I stand by the draft Communications Data Bill that terms of reference and the resources he would need, but I published and that was considered by a Joint Committee. I am absolutely clear, given the nature of the review that Future capabilities will be for the House and the I have just set out, that we need to make sure we get the Government to discuss after the election. Today, we are terms of reference right and that he has the resources faced with the very real necessity to act now in order to and support necessary to be able to do the job that I maintain our capabilities; future capabilities will be part think everybody across this House wants him to do. of the review and subsequent action.

Sir Malcolm Rifkind (Kensington) (Con): Is it not Sir Richard Ottaway (Croydon South) (Con): In my important for the House to take into account that the judgment, this legislation is essential if we are to protect European Court made it clear that it recognises that our citizens from criminals and terrorists. The annulled there may indeed be a need for such a European directive directive required the retention of traffic and location but that it is concerned that the current directive is not data but not the content of the communications, and it consistent with Human Rights Act requirements and so was therefore different from lawful interception, which forth? In so far as the Government have given a clear requires a warrant. Will the Home Secretary confirm pledge that the Bill will be drafted to meet those concerns that that principle remains unaltered? about safeguards and human rights considerations, the Intelligence and Security Committee warmly welcomes Mrs May: I absolutely can. In the Bill we are addressing the proposal. So far as the other measures in the Bill are the two issues of communications data and lawful intercept, concerned, the Committee will be taking evidence from and I am grateful to my right hon. Friend for recognising the intelligence agencies on the interception warrant and drawing a distinction between them. It is important issues and related matters, and we hope to be in a that people understand that distinction. Access to lawful position to advise the House when it considers the Bill intercept will continue in the way that it always has—under on Second Reading next week. warrant. One of the roles of the Home Secretary and, in some areas, the Foreign Secretary and the Secretary of State for Northern Ireland, is to sign warrants and to Mrs May: I am grateful to my right hon. and learned consider their necessity and proportionality. A great Friend for his comments. He is absolutely right that the strength of our system is that those ultimate decisions Court made it clear in its judgment that retaining those are made by people who are democratically accountable. data could be necessary. The question was about the regulatory framework in which the data are retained Hazel Blears (Salford and Eccles) (Lab): I welcome and whether the methods and various aspects of access the Home Secretary’s proposals on data retention, to the data were proportionate. I am grateful to him and which are absolutely essential to enable our security to all members of the ISC for the work they continue to agencies to carry out their duty to protect our citizens, do on these issues. It is worth noting that the work of but I am concerned about the proposals to assert the the ISC is important for the House and for the wider extraterritoriality of our intercept powers, which, as 465 Communications Data and 10 JULY 2014 Communications Data and 466 Interception Interception [Hazel Blears] Mrs May: I look forward to my appearance before the Home Affairs Committee, as I always do. I can give she will know, is a matter of contention for some the right hon. Gentleman an absolute assurance on communications service providers. If some of them that. As I indicated earlier, this review will set the scene choose not to comply, what actions can she take to for legislation that will operate for some years to come, ensure uniformity of compliance with the legislation? so it is essential that we get it right. We must see it in the That is a real challenge for her. I am also concerned context of the threats we face, look at the powers we about the mutual legal assistance treaty. It can provide a need and then consider the right regulatory framework framework to enable us to get data from other jurisdictions, for those powers. I am clear that David Anderson will but it is so slow and cumbersome that it can take be given the resources he needs. months. When we are in a fast-moving terrorist situation, we need to be able to get those data quickly. I think that reform of that treaty is a high priority. Mr David Davis (Haltemprice and Howden) (Con): The Home Secretary has justified rushing this Bill through the House on the basis of an emergency. However, the Mrs May: I am grateful to the right hon. Lady. She case was put to the ECJ some time ago, and it took raises two issues. First, she is absolutely right that there some time to reach its conclusion on 8 April, so if there have been questions about the extraterritoriality of the is an emergency, it was a predicable one on 8 April. current provisions in RIPA. We have asserted, as I There has since been plenty of time to look at the believe the previous Government did, that the extraterritorial 12 clauses that relate to data retention, so why is there jurisdiction was there, but we have chosen to make it an emergency now and not then? absolutely clear in the Bill that it is possible to exercise a warrant extraterritorially. That is part of the purpose of that part of the legislation. Secondly, we have already Mrs May: As I said in an earlier response, there was had discussions with the United States on the mutual always going to be a need for fast-track legislation. legal assistance arrangements, and it is precisely that There was never going to be any possibility of taking sort of issue that I think the senior former diplomat will the Bill through the House in the normal time scale, be able to address in discussions with other Governments, because of the potential timetable within which we particularly the American Government, because the would be losing access to this data. I also say to my right hon. Lady is absolutely right that currently the right hon. Friend that of course the case was going processes are very slow and do not address the issue as through the European Court of Justice, but until it had we need them to. given its determination, no one was absolutely certain what the result would be and what aspects it would raise. There was always the possibility that even if it did Sir Alan Beith (Berwick-upon-Tweed) (LD): Since it decide to strike down the data retention directive it is not surprising that this is a difficult issue on which to would stay that decision for a period of time to give an achieve coalition consensus, I welcome the fact that the opportunity for other legislative frameworks to be put Home Secretary has agreed with my right hon. Friend in place by member states. In the event, it chose not to the Deputy Prime Minister on a whole series of safeguards do that. It chose to strike down the directive immediately. that are absent from previous legislation. I suggest that As I said, we are clear that our data retention regulations as part of the fundamental review that now needs to stand, but we need to put it absolutely beyond doubt take place of this essential but temporary legislation we and ensure that we do not lose these important capabilities. should consider whether some authority beyond that of Ministers, perhaps of a judicial kind, might be needed, certainly for the highest level of intrusion into privacy. Ian Paisley (North Antrim) (DUP): The Home Secretary will know that she has the full support of all law-abiding citizens in Northern Ireland for legislation that defends Mrs May: I note my right hon. Friend’s point. Of the realm and ensures that terrorists are dealt with course, the question of whether some form of legal or appropriately. Indeed, legislation such as this has been judicial authority—a magistrates court, perhaps—should used to jail some 300 people for serious terrorist offences, look at access to communications data was considered and to protect our citizens. With that in mind, the by the Joint Scrutiny Committee. It looked at the processes Secretary of State mentioned the sunset clause. Come that are in place today and accepted that they were 2016, I am sure that this legislation will still be required. absolutely appropriate and suited the requirements. Will she assure us that by then we will have something more permanent in place, or have a proper debate about what should be in place to ensure that legislation such Keith Vaz (Leicester East) (Lab): I apologise to the as this is operational? Home Secretary for missing the start of her statement. I welcome the briefing that she and the Prime Minister gave to me and other Select Committee Chairs yesterday. Mrs May: I thank the hon. Gentleman for his support I support these proposals. Keith Bristow has said that it of this emergency legislation. He recognises only too is vital that we retain this information in order to well the importance of ensuring that we have the capabilities protect the public. On scrutiny, she is due to appear that we need to deal with both terrorists and serious before the Home Affairs Committee next week. I hope criminals. On the timetable, the intention is that the that that will be part of the scrutiny process for the Bill. review will report before the general election, so that Will she reassure the House that David Anderson will after the election it will be possible for the Government be given the resources he needs, because at the moment to take it forward and to look at the legislation that is he is doing a very important job, but he needs the required in sufficient time to get it on the statute book resources to do it even more effectively? before the sunset clause kicks in at the end of 2016. 467 Communications Data and 10 JULY 2014 Communications Data and 468 Interception Interception Nick Herbert (Arundel and South Downs) (Con): I Mrs May: I am grateful to my hon. Friend for his welcome these proposals. Is my right hon. Friend aware comments. I sometimes think that on some issues we that one of her predecessors as Home Secretary, Sir Robert cannot win in terms of the length of time available. The Peel, faced strong opposition in this House to the important point is that the Bill is not about extending creation of a modern police force on civil liberties powers or about new powers; it is confirmation of grounds? Peel replied that liberty does not consist in existing powers and of a legislative framework around having our home raided by an organised gang of thieves. them. The debate about extension of powers or any Does not any responsible Government now have to change of powers will come after the review and after recognise that technology, while enabling the fight against the election. crime, has also presented serious criminals and terrorists with new opportunities to commit crime and we must Pete Wishart (Perth and North Perthshire) (SNP): respond to that? Given the real intention and agenda, is this not just the snoopers’ charter—the prequel? Although there have Mrs May: My right hon. Friend is absolutely right. been all sorts of arrangements and discussions among We need to be able to respond to that challenge if we are those on all the Front Benches and even with Select to continue to fulfil one of the absolutely fundamental Committee Chairs, there has been none with the Scottish roles of Government, which is keeping the public safe Government, even though we are responsible for policing and secure. Sometimes people describe the debate between arrangements and for justice? I asked the Scottish liberty and security as a sort of binary process; we can Government this morning what detailed discussions the have only one or the other. I do not see it as that. We can Home Secretary has had with them. There were none. only enjoy our liberty if we have our security. Does she think that is good enough? Madam Deputy Speaker (Mrs Eleanor Laing): Although Mrs May: I am very sorry about the tone that the I appreciate that this is a very difficult subject, I remind hon. Gentleman has taken. We are, of course, making the House that short questions and answers will mean the Scottish Government aware of this, and discussions that everyone has a chance to contribute to this statement. will take place with the Scottish Government. We are facing a situation where, potentially, we could see the Chris Bryant (Rhondda) (Lab): I sympathise with the loss of capabilities that lead to dangerous criminals, Home Secretary’s quandary, but I rather sympathise, paedophiles and terrorists being apprehended and brought too, with the right hon. Member for Haltemprice and to justice. I should have thought that every Member of Howden (Mr Davis), because the only reason that this is the House, in all parts of the House, would want to an emergency that has to be dealt with in a single day in ensure that we maintained those capabilities, and I am the House of Commons is that the Government have very sorry if the hon. Gentleman takes a different view. spent three months making up their mind, and they have decided that we are going on holiday in 10 days’ time. Does it not make far more sense to enable proper Michael Ellis (Northampton North) (Con): As a consideration so that we do not have unintended member of the Joint Scrutiny Committee that for six consequences from this legislation? If the legislation months considered similar matters, and as a member of was considered in this House on two separate days, we the Home Affairs Committee, may I commend the could table amendments after Second Reading. Home Secretary for her statement? Will she confirm that the Bill maintains modern policing effectively to Mrs May: I understand the hon. Gentleman’s point. deal with modern criminality? It represents the status To ensure that we get this legislation through in the quo and it does not focus just on anti-terrorism. It necessary time and that we have a space of time—I would focus also on child protection and serious criminality recognise that it is a short space of time—I am publishing of all types, and it is crucial that it is maintained. the draft Bill today. I am not waiting until Monday to publish the formal introduction of the Bill, because I Mrs May: My hon. Friend is right and, as he says, he want Members to have some extra time to look at it. It has the experience of membership of the Home Affairs is important for this House to proceed through this Committee and of sitting on the Joint Scrutiny Committee matter in a timely way such that we can ensure that we on the Draft Communications Data Bill. We are do not lose the capabilities, and that we get the legislation maintaining a capability, and as I indicated in reference on the statute book before the recess. to cases in my statement, and as the shadow Home Secretary indicated in reference to cases in her response, Mark Field (Cities of London and Westminster) (Con): we have seen murders and serious crimes where the Like many Members, I am instinctively uncomfortable access to communications data has been vital in order about rushed emergency legislation, and also a little to solve those and bring the perpetrators to justice. uncomfortable if there is too much consensus among those on all the Front Benches on any piece of legislation. Mr David Winnick (Walsall North) (Lab): Is the However, I welcome what the Home Secretary has said Home Secretary aware that, despite what she has said, today. She is right—it is a narrow and limited Bill which there are great misgivings, which I share, about the is only a precursor to other legislation. In my role as a legislation being rushed through next week? I will not junior member of the Intelligence and Security Committee, support it, and I think it is quite wrong that such may I take this opportunity to assure all Members of important legislation affecting criminality, terrorism and the House that we take incredibly seriously our civil liberties should be rushed through in a single day. responsibilities to make sure that our security services Those on the Front Benches agree, but that does not act only in a legal and a necessary and proportionate mean that all of us have to agree as well. Does she manner? accept— 469 Communications Data and 10 JULY 2014 Communications Data and 470 Interception Interception Mr Deputy Speaker (Mr Lindsay Hoyle): Order. I Nia Griffith (Llanelli) (Lab): The Home Secretary must move on. We have to get everybody in. I think the has quite rightly mentioned close co-operation with Home Secretary has enough to go on. Europe and has mentioned countries such as Denmark and Ireland where no action is needed. Will she elaborate Mrs May: In the interests of brevity, let me say that I on what action she will be taking to ensure that when disagree with the hon. Member for Walsall North (Mr action is needed by countries, it is taken so that no EU Winnick). state is left as a safe haven for communications by criminals, which, in this day and age, could easily be Sir Edward Leigh (Gainsborough) (Con): Surely most used by anyone? members of the public would congratulate the Government and the former Labour Government for being so robust Mrs May: I do, of course, talk about these issues with on these matters. In the context of the wider debate, will my opposite numbers in the EU member states. I have the Home Secretary resist the advice given to her by the been talking with them about how they will address the Liberal party that we should have further legal impediments? issue, and I will continue to do so. We want to ensure For the public, if there is a choice between their children that we have the maximum ability to deal with terrorists being blown up on the tube or those people’s conversations and criminals and that we do not leave any safe haven being listened to, it is a no-brainer. available for them.

Mrs May: Yes, I believe the public do want to see our Dr Thérèse Coffey (Suffolk Coastal) (Con): Will my police, our law enforcement agencies and our security right hon. Friend spell out the implications for the and intelligence agencies have access to the capabilities safety of people in this country if we do not proceed they need to keep people safe. The legislation is about with the legislation as she proposes, with the commendable ensuring that we maintain those capabilities. support of the Opposition?

Mr Tom Watson (West Bromwich East) (Lab): I have Mrs May: The risk is very clear. The risk is that we no doubt that the Home Secretary will get her Bill will lose access to communications data and to our through next week, but the price will be a perception ability to access intercept material. As I have said, those that it is the result of a last-minute deal between elites capabilities have been used in every major terrorist with little scrutiny by Parliament or civic society and investigation by the Security Service. In 95% of the that the rushed legislation might unravel. We have an serious criminal cases dealt with by the Crown Prosecution honourable tradition in this country of policing by Service, communications data were used and were necessary. consent in which I know the Home Secretary also In many of those cases, such data were an important believes passionately. Does she agree that we should and vital part of getting a prosecution—not just in seek the same standards from our intelligence services? investigating but in prosecuting criminals. Failure to British people are not stupid and they are not ideological have access to that data will mean the criminals will go when it comes to this kind of thing. Why can they not unimpeded and will not be brought to justice. I think have time to discuss it with their elected representatives? that sadly, as a result of that, innocent lives will be lost.

Mrs May: As I have made clear, we are ensuring that Stephen Pound (Ealing North) (Lab): I am not entirely we confirm and maintain capabilities that have already sure that the passage of the Prevention of Terrorism been put in place—capabilities that were put in place in (Temporary Provisions) Act 1974 provides an example legislation passed by the previous Labour Government. of best practice. May I ask the Home Secretary whether I recognise that the hon. Gentleman and a number of she believes that any aspect of this proposed legislation other hon. Members, including one of my right hon. should have a specific individual significance for Northern Friends, have suggested that when those on the Front Ireland and if so will a separate statement be made? Benches agree on something that is somehow a conspiracy that needs to be resisted at all costs. The fact that all Mrs May: Our proposals have broad application and parties in this House, the coalition Government and there will be no separate statement in relation to Northern Her Majesty’s Opposition are supporting the measure Ireland. I think that the statement I have made today shows the serious nature of the issues we face and the stands. importance of dealing with them. Mr Robert Buckland (South Swindon) (Con): Will Sir Menzies Campbell (North East Fife) (LD): I, too, my right hon. Friend reassure the House that the principles was late into the Chamber, which is why I have waited of proportionality set out in the ECJ judgment will be until now to seek to intervene. I apologise to my right adhered to in the draft legislation and will the new hon. Friend for that. I commend her for her ability to privacy and civil liberties board be able, amongst other strike a proper balance on incredibly sensitive issues, things, to consider the need for a properly codified law but may I remind her that there is a precedent established of privacy and data protection in this country? by her distinguished predecessor, Roy Jenkins, who at the height of the troubles in Northern Ireland put Mrs May: On the second point, we are still looking at significant and important anti-terrorist legislation through the exact form that that board will take and its terms of the House according to almost the same kind of timetable? reference. It would be premature for me to suggest that it went down a particular route on an issue that it was Mrs May: I am grateful to my right hon. and learned looking at. Friend for his remarks of support for this legislation On the question of proportionality raised in the ECJ and for the useful historical precedent that he has judgment, we have addressed that in two regards. One brought to my attention, which I might quote in future. of its arguments was that the scope of the data retention 471 Communications Data and 10 JULY 2014 Communications Data and 472 Interception Interception directive was too broad, so we are explicitly limiting individuals’ rights to privacy, will she consider, in the data retention to a strict list of data types—those that long term, establishing a British internet Bill of rights were specified in our data retention regulations of 2009. to codify the things that she set out and give the public a It also raised the issue of an absolute period of time for framework whereby they know that their rights will be which data needed were retained and the possibility protected? that no consideration was being given to whether all data needed to be retained for the same length of time. Mrs May: My hon. Friend makes an interesting The new Bill therefore makes the data retention period suggestion that slightly echoes that made by my hon. not 12 months but a maximum of 12 months to provide Friend the Member for South Swindon (Mr Buckland) for some flexibility if appropriate. about privacy and the rights and responsibilities that people have on the internet. I would expect the whole Steve McCabe (Birmingham, Selly Oak) (Lab): When question of privacy around the internet to be part of I look back to the start of this Parliament, I cannot help what the review looks at in terms of the powers and thinking that the Home Secretary is changing from the capabilities that we need and how we regulate those in protection of freedoms queen into Mrs Snoop. Is not an appropriate way that makes sure that we have the the real reason we have an emergency that it has taken right balance. three months for the coalition partners to agree a deal on this security measure? Mike Gapes (Ilford South) (Lab/Co-op): I welcome Mrs May: No. Proper government is about looking at this measured, responsible statement and the response these judgments properly and giving them full consideration by the shadow Home Secretary. The Home Secretary to ensure that we give the right and appropriate response. referred to the position with regard to Denmark and This coalition Government have been very clear, from Ireland, which use implementations from primary day one, that we were looking at the balance between legislation. Will she give us more information about security and civil liberties. That is why when we came other European countries? Is it possible that other into office we took decisions to make certain changes countries with coalition Governments will have already such as changing the pre-charge detention period from made the necessary changes and that others might take 28 days to 14 days. We are doing what is right and a lot longer than this, leaving a hole in European appropriate to ensure that people’s privacy and liberties security? are protected while, at the same time, our agencies have the capabilities they need to keep people safe. Mrs May: Other countries are having to address this in terms of their own legislative frameworks. For some, Julian Smith (Skipton and Ripon) (Con): I thank the the timetable will be different from the timetable we are Home Secretary for her statement and for the Government’s adopting, purely because of their situation and what laser-like focus on keeping British families safe while they need to do. We would expect that, in due course, ensuring that the legal framework is robust. Does she the European Commission will look at the issue of the agree that our intelligence services have been subject to EU data retention directive that has been struck down much unfair criticism of late—unfair because they operate and whether it and member states will wish to come within the law, because they are unable to speak fully together to put in place a further directive. However, for themselves, and because they are among the best that will not be for some time, hence the need to take intelligence services in the world? action in the interim.

Mrs May: My hon. Friend is absolutely right. We are Andrew Jones (Harrogate and Knaresborough) (Con): very fortunate in the quality of people we have in our I welcome my right hon. Friend’s statement. Is not this security and intelligence agencies. They do a job that a replacement of pre-existing powers to ensure that they have to do day by day, relentlessly, in the pursuit of criminals do not slip through the net and escape justice? terrorists and those who would seek to do this country harm in a variety of ways, and they do that job very Mrs May: My hon. Friend is absolutely right and well. This House should never shrink from commending puts it extremely well. them on the work that they do and thanking them, on behalf of the public, for that work. Derek Twigg (Halton) (Lab): The Home Secretary Gavin Shuker (Luton South) (Lab/Co-op): Prior to 8 said that “the Government will also introduce a package April, did the Home Secretary receive legal advice that of measures to reassure the public that their rights to asserted that existing legislation was deficient and that security and privacy are equally protected.” What will remedial action through a legislative route would be the key parts of that package be? necessary? Mrs May: Yes, I did refer to that. We are going to Mrs May: First, Ministers do not refer at the Dispatch ensure that we have more transparency from Government Box to legal advice that they have received. As I said through the information that we will be publishing in an earlier, the European Court of Justice case was going annual transparency report, within parameters. We will through the European Court of Justice, and a number also reduce the number of bodies that are able to have of outcomes could have resulted. Until it made its access to the communications data, establish a privacy determination, nobody knew the precise nature of it and civil liberties board based on the US model, have a and the issues that would need to be addressed. review of the capabilities and powers that are necessary against the threats we face and the ways in which those Robert Halfon (Harlow) (Con): I welcome the measures are regulated, and lead discussions with other Governments that the Home Secretary has set out and the measured on how we deal with these matters of sharing data way in which she put them before the House. On protecting across borders. 473 Communications Data and 10 JULY 2014 Communications Data and 474 Interception Interception Mr Philip Hollobone (Kettering) (Con): While thanking However, we will ensure that access to retained the Home Secretary for her statement and praising her communications data will be limited to access that is role in wishing to protect the civil liberties of those of considered to be necessary and proportionate through us who do not want to be blown up, is not the truth of the RIPA process, court orders, or any further mechanisms the matter that the reason for the three-month delay specifically approved by Parliament. between the European Court judgment and today’s announcement of legislation is that the Lib Dem part of Gavin Williamson (South Staffordshire) (Con): Will the coalition has been umming and aahing over this my right hon. Friend assure my constituents that this issue for far too long? I see that no Lib Dems are on the legislation will be an important and vital tool in the Front Bench to support her while she speaks. police’s battle against child abusers and those who seek to perpetrate paedophile acts? Mrs May: I have to point out to my hon. Friend that the Minister for Crime Prevention was present when I Mrs May: I can absolutely give my hon. Friend that made my statement and for the early part of these assurance. Communications data in particular are an questions. As I am sure my hon. Friend will recognise, absolutely vital tool in investigations and in bringing other Ministers were present on the Front Bench for the criminals to justice. They have been a particularly important statement and the shadow Home Secretary’s response tool in recent cases of child abuse, and they are also but have had to go to undertake other business. In fact, important with regard to the serious crimes I mentioned over this period we have been making sure that we are earlier, including murder. It is vital that we have access responding to the judgment from the European Court to this tool, in order to be able to keep people safe and in a way that is appropriate and maintains the capabilities bring perpetrators of those crimes to justice. that we need in the UK. Mr Deputy Speaker (Mr Lindsay Hoyle): Last but certainly not least, the hon. and gallant Gentleman Bob Bob Blackman (Harrow East) (Con): Will my right Stewart. hon. Friend expand on the legal protections there will be to prevent improper use of the data collected so that Bob Stewart (Beckenham) (Con): Thank you, Mr Deputy the only people who will have something to fear from Speaker. I believe we have a duty to pass this fast-track this legislation are criminals, and the ordinary public legislation quickly. Does my right hon. Friend agree will be protected? that, unless we do so, the police and the security services will not have the powers that may stop innocent citizens Mrs May: A wide range of protections regarding of this country dying? access to communications data already exists within the legislation in relation to the Regulation of Investigatory Mrs May: My hon. Friend is right. I have been clear Powers Act 2000, access to interception, and the in my responses that I fear that, if we do not ensure that communications data retention regulations. As I said we maintain these capabilities, not only will we see earlier, the whole question of access to communications criminals going about their business without the police data was scrutinised by a Joint Committee of both being able to deal with them appropriately and bring Houses of Parliament, which, having looked at these them to justice, but we could see innocent lives being processes, concluded that they were entirely appropriate. lost. 475 10 JULY 2014 Industrial Action Update 476

Industrial Action Update 2012—nearly two years ago. This cannot be right. The more often unions call strikes based on outdated mandates and ballots with pitifully low levels of support, the 12.21 pm stronger the case becomes for reform of the law. The Minister for the Cabinet Office and Paymaster Growth is returning to the British economy, but we General (Mr Francis Maude): With permission, Mr Deputy have a responsibility to ensure that the economy that Speaker, I would like to update the House on today’s emerges from the great recession is strong and sustainable. industrial action called by some public sector unions. We must never again allow Britain’s public finances to I start by thanking the large majority of public fall so catastrophically into deficit. servants who have turned up for work today as normal. I commend this statement to the House. This reflects their dedication to their public service calling. This is the fourth one-day public sector strike in the 12.25 pm past few years. The proportion of public sector workers Michael Dugher (Barnsley East) (Lab): May I begin going on strike has fallen on each occasion. So far as by thanking the Minister for advance sight of his statement the civil service is concerned, it has fallen from 32% in in the nick of time? November 2011 to 23% in May 2012 and 21% in March 2013, and today it has fallen below 20%. Every jobcentre Let us be clear: we on these Benches have said repeatedly opened this morning. Her Majesty’s Revenue and Customs that no one wants to see strikes, not least because of the has seen a surge in the use of digital services, which impact they have on children, parents and all of us who helps the drive towards greater efficiency and more rely on our vital local public services. convenience for taxpayers. I am told there have been no The Minister is right to say that it is hard-working major issues at the borders. The majority of schools people who suffer the consequences most, but should have remained open. not the Government bear much of the blame for the The Government have put in place contingency measures situation today? Instead of ramping up the rhetoric, the to minimise the impact of strike action, but where there Government should have been getting people round is disruption the responsibility lies unequivocally with the table. Strikes represent a failure on all sides, and all union leaders. sides have a responsibility to prevent strikes from taking place. When unions go on strike, it is hard-working people who suffer the consequences most, including vulnerable Will the Minister outline exactly what specific talks people who depend on public services and parents who he has he had with the unions to prevent today’s strike are forced to take a day off work or arrange child care action? What has he done specifically to encourage because their local school is closed. These strikes risk both sides to get round the table and prevent this damaging those who are working hard to get this country industrial action? When was the last time he discussed moving again. the issue with the trade unions in his own Department and those more widely engaged in the public sector? There can be no escape from the realities of our What are the Government going to do to change their economic situation. We are still dealing with the damage approach to prevent future strikes from happening in left by the great recession. As part of their long-term the future? economic plan, the Government have taken tough decisions to reduce the budget deficit—which I remind the House Instead of a negotiated settlement being sought, have was the biggest in the developed world. This includes we not had yet another depressing demonstration of pay restraint while protecting those earning under £21,000. a Cabinet full of millionaires demonising the lowest By reforming public sector pensions in the way we have paid workers in society? In local government, nearly done, we have ensured that they remain among the very 500,000 workers are paid less than the living wage. best available, while making them affordable and sustainable When the Minister mentioned outdated mandates into the future. and ballots with pitifully low support, I thought he was We cannot afford to go backwards. It is only by referring to the police and crime commissioner elections taking difficult decisions in the long-term interests of introduced by the Government. I remind him that the the country that we can deliver the economic growth trade union legislation we have today was introduced by that we need if we want to carry on investing in our Margaret Thatcher, who was not known for her warmth public services, our schools and hospitals and the dedicated towards the trade unions. We await any details of the staff who work in them. Minister’s proposals—there was none in the statement. Trade unions can, of course, play a constructive role It is important to recognise that, if we look at the in the modern workplace. That is why the Government total number of all those eligible to vote in the Minister’s will continue to talk with the unions and listen to their own Horsham constituency, where he enjoys a comfortable concerns. majority, we will see that he secured only 38% of support at the last general election. No one would question his The right to strike is an important freedom under the legitimacy—or, indeed, that of any Member—to be a law, but it must be exercised responsibly. Only one in Member of this House. Members of this House are in five of eligible members of Unite and Unison took part no position to lecture the unions about legitimacy. At in these recent ballots, meaning the strikes were approved the last general election—an election the Conservatives by only a fraction of the unions’ eligible members. failed to win, by the way—the Conservative party secured The National Union of Teachers—the only teaching only 36% of the popular vote, but here it is, four years union calling a strike today— has not even balloted its later, still in office, so it is a bit rich for Ministers to be members. Instead, it relies on a ballot from back in lecturing anyone else about legitimacy. 477 Industrial Action Update10 JULY 2014 Industrial Action Update 478

[Michael Dugher] “the priority now has to be to preserve jobs. I think that’s a recognition that everybody would see all round the country. We This week we have seen the ongoing, unedifying have got to do everything we can to preserve employment”. spectacle of the Minister rowing in public once again Those are not my words, but those of the shadow with his own civil service. He is like a man trying to fight Chancellor and the Leader of the Opposition. everyone in the pub at the same time. When the country It is just worth pointing out that all the right hon. needs to see a negotiated settlement, what have we got? Gentlemen’s brave words supporting public sector pay We have ministerial belligerence revelling in confrontation, restraint fall away when we understand how much where strike action by the unions is almost a public money the Labour party gets from the unions that have policy success for a Government desperate for a fight. It called the strikes today. What is it? Some £23.6 million is sabre rattling, it is union bashing and it is playing has been given to the Labour party since the current politics. It is a deliberate distraction and, frankly, it is Leader of the Opposition became its leader. Unite has pathetic. donated £12.5 million, Unison £5.7 million and the We are all desperate to see the Government getting all GMB £5.2 million. That is why it is no surprise, as the sides around the table to reach a negotiated settlement Prime Minister pointed out yesterday, that the Labour so that teachers can get back to teaching and vital local party’s guidance on the strikes is: “Do we support government workers can get back to work. The truth is strikes? No. Will we condemn strikes? No.” Weak, weak, that Ministers are making that task harder, not easier. weak.

Mr Maude: I am grateful to the hon. Gentleman for Bob Stewart (Beckenham) (Con): Does my right hon. the succession of compliments he paid me. Perhaps I Friend agree that pay restraint has helped to keep jobs can deal with some of the issues he raised. He first and helped to reduce the deficit we face in this country? raised the issue of the legitimacy of the Government. I point out that the parties that form the coalition Mr Maude: My hon. Friend is completely right. Government secured the support of nearly 60% of the About £12 billion will have been saved as a result of pay voters at the last election, which compares with the 29% restraint in the current spending round period, which is that his party secured, so I am grateful to him for equivalent to the cost of employing 65,000 teachers or drawing attention to that. 71,000 nurses over that time. The 5% pay claim made by PCS for the civil service would cost £500 million every The hon. Gentleman asked about discussions with year, which is equivalent to further civil servant work the unions, which is a very important question. When force reductions of 18,000. Every increase in pay means we dealt with the long overdue issue of public sector fewer jobs. pension reform, the Chief Secretary to the Treasury and I conducted long discussions and negotiations with the TUC over a long period. They were incredibly valuable, Diana Johnson (Kingston upon Hull North) (Lab): and as a result we were able to make some changes to The Electoral Commission report on the police and the configuration of the proposals. That enabled us crime commissioner elections in November 2012 stated both to secure public sector pensions that still remain that the turnout of 15.1% was among the very best available, on a basis that was “the lowest recorded level of participation at a peacetime non-local sustainable and affordable for the future, and to meet government election in the UK.” the particular concerns of particular unions. The process Does that mean that the Government’s flagship policy was valuable, and if the hon. Gentleman talked to any of police and crime commissioners and those who have of the trade union leaders who took part in it, he would been elected lack any legitimacy? find that they say that that enterprise was taken forward in a spirit of proper partnership and deliberation. Mr Maude: I point out to the hon. Lady that what the The hon. Gentleman asked about recent discussions police do locally affects every single resident in the area, with the trade unions. I can tell him that talks were and every single resident over the age of 18 has the right planned with the civil service unions a couple of weeks to vote in those elections. When unions call strikes that ago, but they had to be aborted because the Public and affect local residents, parents and vulnerable people Commercial Services Union was picketing the building who depend on public services, such people are not in which the discussions were to take place. None of the consulted. It is not asking very much to require a union, union leaders felt able to cross the picket line so, sadly, when it calls its members out on strike in ways that the discussions had to be postponed. damage the public, to have to rely on a vote of substantive quantity, with a majority behind it. Michael Dugher: Would you have crossed the picket line? Mr Deputy Speaker (Mr Lindsay Hoyle): I call birthday boy Sir Tony Baldry. Mr Maude: Yes, I would, but it takes two to take part Sir Tony Baldry (Banbury) (Con): Was it not Lord in discussions, so that was all a bit unfortunate. Hutton, a former Labour Cabinet Minister, who made Let me point out that it clear that as we are all living longer, everyone will have “public sector pay restraint will have to continue through this to pay more into their pensions and to work longer? parliament. There is no way we should be arguing for higher pay Has my right hon. Friend had any shadow of a scintilla when the choice is between higher pay and bringing unemployment of a suggestion from the shadow Chancellor that if down… That’s something we cannot do, should not do and will Labour were elected, it would treat either public sector not do”, pensions or public sector pay in any way differently and from the present Government? 479 Industrial Action Update10 JULY 2014 Industrial Action Update 480

Mr Maude: My right hon. Friend asks a very pertinent Mr Maude: The hon. Gentleman, for whom I have question. The answer is that we do not know. There has some respect, says that strikes are not entered into been no suggestion of any increase, but we note that lightly, but as far as the union leaders are concerned, when Mr Len McCluskey recently promised to fund the they have been entered into very lightly. The NUT Labour party campaign from Unite’s political fund, he leaders did not call a ballot; they relied on a ballot that said that he expected a union representative to sit at the is two years old, and did not consult their members. The Cabinet table. I think we know what the answer to that leaderships of the other unions—Unite, Unison and the one will be. GMB—have called this strike despite having recent ballots with extraordinarily low levels of support for Mr David Winnick (Walsall North) (Lab): Is the strike action. I absolutely know that no one goes on Minister aware that, despite all the Tory smears and strike lightly, but I think that when the hon. Gentleman slurs today, those taking industrial action are fighting looks at this, in his heart of hearts, he will conclude that for justice and fairness, and that they have absolutely trade unions leaders have called the strikes lightly and nothing to be ashamed about? As for trade union that they are causing damage to vulnerable people. money coming to Labour, what about the vast sums that the richest people in the country have been giving Mr Rob Wilson (Reading East) (Con): Many of my to the Tories in recent weeks, and rightly so, because the constituents will be inconvenienced today because of Tory Government are out, as they always have been, to the politically motivated actions of union leaders. Does defend the interests of the richest people in this country? my right hon. Friend agree that the private sector has absorbed cuts to pay and pensions due to the circumstances in which the country found itself, and that unfortunately, Mr Maude: I would have thought that the hon. other sectors including the public sector will have to do Gentleman, after all his time in Parliament, might have the same? come up with something a little better and more original. Mr Maude: My hon. Friend draws out a really important Mr Winnick: It is the truth. point, which is that since the recession, pay in the public sector has risen by more than it has in the private sector. Mr Maude: The truth is that the coalition Government The comparators show that average pay in the public inherited the biggest budget deficit in the world—bigger sector is higher than in the private sector. I know that than in Greece, Spain, Portugal or Ireland—[Interruption.] there are people on low pay in the public sector, as there The hon. Member for Barnsley East (Michael Dugher) are in the private sector, but the fact is that, given the says, cheerfully, that we should have cleared it by now. appalling legacy that the outgoing Labour Government Yes, if we had inherited a country in a better state than left the coalition Government, there have been tough that in which he left it, the deficit might have been decisions to be made and many people have had to cleared by now. The truth is that we now have the make sacrifices along the way. strongest growing economy in the developed world, and part of that is undoubtedly due to the difficult decisions Alex Cunningham (Stockton North) (Lab): More than made in the long-term interests of the country, with 1,000 jobs have gone from Stockton borough alone precious little support from Opposition Front Benchers. since this Government came to power, and the value of public sector pay, including for some of the lowest-paid part-time workers in our communities, has gone down Mark Pritchard (The Wrekin) (Con): Will the Minister by about 20% since 2010. Just 1% of £6,000, which is join me in thanking all the teachers in Shropshire and in what many of those people are paid, would buy a loaf Telford and Wrekin who have turned up for work of bread each week for a year. If the Government can today? Does he agree that this minority strike is causing afford to give millionaires a tax cut worth many times huge disruption to families and parents throughout the more than public sector workers get paid in a year, why county of Shropshire, and that teachers must get back can they not find a way to better reward the people who to work as soon as possible? clean the streets, empty the bins and look after our most vulnerable people? Mr Maude: I join my hon. Friend in thanking, as I did at the start of statement, all those public sector Mr Maude: I hear what the hon. Gentleman says. In workers—the vast majority—who have gone to work his own area, many jobs have been created in the private today, despite the blandishments and calls to go on sector, and the local growth initiatives that my right strike. They recognise that their public service ethos hon. and hon. Friends launched earlier this week will means that they want to be at work to support the bring even more jobs there. people they are there to provide services for. I hope that the strikes, which are based on very old mandates and Alex Cunningham: In the north-east, unemployment very little support among union members, will come to is going up. an end. Mr Maude: I have to tell the hon. Gentleman that, for Stephen Pound (Ealing North) (Lab): The Minister every increase in public sector pay, there is a price to be referred to the suffering of hard-working people. May I paid in lost jobs. try to persuade him that many of the people striking or supporting the strike today are also suffering and are Robert Halfon (Harlow) (Con): Will my right hon. also hard-working, and that strike action is a course of Friend acknowledge that there are millions of trade last resort? This action has not been taken lightly, but unionists who have not gone on strike today, a third of with a heavy heart. whom vote Conservative? I ask him to tread very carefully 481 Industrial Action Update10 JULY 2014 Industrial Action Update 482

[Robert Halfon] of the Public and Commercial Services Union, which is not affiliated to our party. The Minister has said that we in regard to getting rid of the majority principle. I cannot afford to go back, but he seems happy to take accept that it is important to have annual or regular public servants back with a 20% cut to their living ballots, as he has described, but if a law were brought in standards as a result of Government policy. to remove the majority principle, it could have implications for other organisations and institutions. Mr Maude: It simply is not the case that public sector workers have suffered more than private sector workers. Mr Maude: I hear what my hon. Friend says. He has I shall repeat this at dictation speed: public sector pay rightly been a passionate supporter of people’s right to has risen in the past five years—the period since the join a trade union. He has made the point that trade great recession—by more than pay in the private sector unions are an embodiment of much of what we believe has risen. in as the big society and civil society, and I agree with him on that. He will also know from the things I have been saying during the four years that I have had the Robert Jenrick (Newark) (Con): Will my right hon. privilege to hold this office that I have resisted the Friend join me in thanking the teachers and staff in my repeated blandishments to go down the path of further constituency, many of whom are union members, who legislation. I have consistently said that the more often have ensured that all but two schools there have remained the unions call strike action irresponsibly on the basis open today? One of the two that have closed is a special of outdated mandates and ballots with very low levels school, and the parents have found it incredibly difficult of support, the stronger the case for reform of the law to make alternative child care arrangements. How can it becomes. The action that has been called for today has possibly be right for those parents to suffer what they made that case significantly stronger. have suffered today on the basis of a ballot taken two years ago that provided such a small mandate? Dr Eilidh Whiteford (Banff and Buchan) (SNP): Public sector workers have taken disproportionate real-terms Mr Maude: My hon. Friend makes a really powerful cuts in their pay, conditions and living standards over point. I join him in supporting and thanking all those the past five years, and no one has been harder hit than people, including governors and other volunteers, who those in lower-paid public sector jobs. The Scottish have rallied round to ensure that, wherever possible, Government are committed to paying at least the living schools could be kept open. That is very much to their wage of £7.65 an hour to all their public sector workers credit. The strikes have been called on the basis of and have guaranteed no compulsory redundancies. Why increasingly thin mandates, and people’s determination cannot the United Kingdom Government make similar to keep public services open and available has increased. commitments? It is particularly wrong that a special school of the type that my hon. Friend describes should have been closed Mr Maude: What the hon. Lady says is simply not the in that way. case. Over the past five years, public sector pay has increased by an average of 13%, which is more than Gavin Shuker (Luton South) (Lab/Co-op): Ordinary four times the average increase of 3% in the private hard-working people, such as those I represent in Luton, sector. As far as the lowest-paid people are concerned, should have the right to withdraw their labour in a we have been at pains throughout this process to exempt responsible way and to stand up against people, many people earning below £21,000 from any pay freezes, so of whom are on much higher salaries, such as us here in what she says is simply not correct. Parliament. The right hon. Gentleman talks of mandates and legitimacy. Some police and crime commissioners Nigel Adams (Selby and Ainsty) (Con): As hundreds were recently elected on the strength of securing just 5% of schoolchildren across Selby are being denied access of first-preference votes. Does he accept that that shows to their education by the National Union of Teachers the lunacy of what he is saying? today, what message does the Minister have for the hundreds of families affected, including the parents who have been forced to pay for child care, and for the Mr Maude: I repeat the point that I made earlier, businesses that have been forced to give people time off which is that all local residents are affected by policing work because of this illegitimate action by the NUT? decisions and that all local residents who are voters have the right to vote in those elections. The constituents Mr Maude: I would invite them to reflect that the of my hon. Friend the Member for Newark (Robert responsibility for the damage that is undoubtedly being Jenrick) whose children have been denied access to the caused, despite all the effective contingency measures special school they depend on were never consulted that we have put in place, lies squarely on the shoulders about this. They had no say in it; they just have to take of the union leaders who have called this strike action what happens as a result of a strike called by union on the basis of inadequate or outdated mandates. I leaders on flimsy, outdated mandates, and I think that would also invite them to ask the Labour party where it that is wrong. was when the strikes were called and whether it condemned them, and to look at the correlation between the amount Mr Philip Hollobone (Kettering) (Con): Parents in of money paid to the Labour party by those unions and Kettering whose children have been affected by today’s the Labour party’s action. industrial action have telephoned me this morning to make the reasonable point that parents are now subject Mrs Mary Glindon (North Tyneside) (Lab): I support to fines if they take their children out of school during the public sector workers withdrawing their labour today, term time but that such legislation does not apply to and I am pleased to say that I am an associate member teachers who deny loads of children their education for 483 Industrial Action Update10 JULY 2014 Industrial Action Update 484 a day. Will my right hon. Friend bear in mind that very many of them will lose a day’s pay—to look after their reasonable point when drawing up future legislation to children because of a strike that was balloted on more prevent such industrial action in schools? than two years ago?

Mr Maude: I hear what my hon. Friend says; he Mr Maude: My hon. Friend is absolutely right. Those makes an interesting suggestion. Children being able to people will be very resentful that their attempts to go to attend school on a predictable and regular basis is work and earn a living to support their families have incredibly important in relation not only to their education been frustrated in that way. but to the interests of their hard-working parents who want to go to work in order to support their families Mr David Nuttall (Bury North) (Con): My constituents week in, week out. When arbitrary action is called in in Bury, Ramsbottom and Tottington will be astonished this way, based on flimsy and outdated mandates, damage to learn that the NUT strike is being justified on the is done to children and to their parents. basis of a ballot that was held almost two years ago. Does my right hon. Friend agree that there should be a Mr Jim Cunningham (Coventry South) (Lab): As much shorter period between a ballot and any action, somebody who has taken part in negotiations and been and that it should be measured in weeks rather than involved in strikes, I assure the Minister that people are years? very reluctant to strike. He has to understand that the trade unions are reflecting the concern over the cost of Mr Maude: That is exactly the issue that has been living because the purchasing power of wages has dropped raised by the circumstances in which these strikes have by about 6% over the past three or four years. I urge been called. The ballots are very outdated. The NUT everybody in the House to stop having a slanging ballot took place nearly two years ago. Why did the match, because at some point, as the Minister and I leadership of the NUT have so little confidence in know, he will have to sit down with the very same trade balloting their members on strike action again? Is it unions and negotiate a settlement. I urge him to do so because they saw what happened to the other unions, as soon as possible. such as Unite and Unison, that did hold ballots, which saw less than 20% of eligible members voting and very Mr Maude: I hear what the hon. Gentleman says, but small numbers of eligible voters voting in favour of I remind him that negotiations and discussions with the strike action? Possibly. The fact is that these strikes are civil service trade unions were due to take place in the being held on the basis of flimsy and outdated mandates. Cabinet Office only two or three weeks ago. Sadly, that The case for reform of the law gets stronger every time meeting had to be aborted because the PCS was picketing that happens. the premises where the meeting was to take place and none of the union leaders was willing to cross the picket Mr Robert Buckland (South Swindon) (Con): Does line. my right hon. Friend agree that those who say that they do not support the strikes, yet in the same breath fail to Mr Marcus Jones (Nuneaton) (Con): Is my right hon. condemn them, take the art of casuistry to new heights? Friend as concerned as I am that many of my constituents will be forced to take a day off work today—and that Mr Maude: I could not put it better myself. 485 10 JULY 2014 The UK’s Justice and Home Affairs 486 Opt-outs The UK’s Justice and Home Affairs bar his extradition back to the UK. It is thanks to the Opt-outs European arrest warrant that Cullen is behind bars at last. [Relevant documents: Twenty-first Report from the European I know that many right hon. and hon. Members have Scrutiny Committee of Session 2013-14, The UK’s block concerns about the way in which that measure has opt-out of pre-Lisbon criminal law and policing measures, operated since the Labour party signed us up to it, and I HC 683, and the Government response, HC 978; Ninth have shared many of those concerns. That is why I have Report from the Home Affairs Committee of Session legislated to reform the operation of the arrest warrant 2013-14, Pre-Lisbon Treaty EU police and criminal justice and increase the protections that we can offer to those measures: the UK’s opt-in decision, HC 615, and the who are wanted for extradition, particularly if they are Government response, HC 954; Eighth Report from the British subjects. Justice Committee of Session 2013-14, Ministry of Justice measures in the JHA block opt-out, HC 605, and the First, Members were concerned that British citizens Government response, HC 972; First Joint Report from were being extradited for disproportionately minor offences. the European Scrutiny, Home Affairs and Justice Committees We changed the law to allow an arrest warrant to be of Session 2013-14, The Government’s response to the refused in respect of minor offences. A British judge Committees’ Report on the 2014 block opt-out decision, will now consider whether the alleged offence and likely HC 1177, and the Government response in the letter of sentence are sufficient to make the person’s extradition 6 April 2014 from the Home Secretary and the Justice proportionate. Secondly, Members were concerned that Secretary to the Chairs of the three Committees; Fifth people could be extradited for actions that are not Report from the European Scrutiny Committee, HC 219-v, against the law of this land. We have clarified the rules Chapter 8; Decision pursuant to Article 10 of Protocol 36 on dual criminality to ensure that an arrest warrant to the Treaty on the Functioning of the European Union, must be refused if all or part of the conduct for which Cm 8671, July 2013; and Decision pursuant to Article 10(5) the person is wanted took place in the United Kingdom of Protocol 36 to the Treaty on the Functioning of the and it is not a criminal offence in the UK. European Union, Cm 8897, July 2014.] Sir Edward Leigh (Gainsborough) (Con): These are serious matters. Nobody wants to protect criminals. 12.53 pm However, there is a lot of concern about these matters The Secretary of State for the Home Department in the House of Commons, not least because it is (Mrs Theresa May): I beg to move, difficult to argue to our people that we want to take powers back from the European Union if we are giving That this House has considered the UK’s Justice and Home Affairs opt-outs. it powers. Will my right hon. Friend give the House an assurance that although this is effectively an Adjournment I have just noticed the right hon. Member for Delyn debate on a one-line Whip, there will be a substantive (Mr Hanson) sitting in solitary splendour on the Opposition vote after a proper debate so that the House of Commons Front Bench. is able to vote on these matters? On 24 March this year, Francis Paul Cullen was sentenced to 15 years in prison for a series of sexual Mrs May: My hon. Friend causes me to progress to assaults on children. He committed those offences over another part of my speech. I want to make the situation a period of more than three decades while serving as a absolutely clear. As he knows, we have had a number of priest in Nottingham and Derbyshire. His victims were debates on this matter in the House, and the Justice both boys and girls, and were aged between six and 16. Secretary and I have made a number of appearances The judge said that their before various Select Committees, including the European “whole lives have been blighted” Scrutiny Committee. We had hoped and intended that by this by this stage we would have reached agreement on the full package that we are negotiating with the European “cunning, devious, arrogant” Commission and other member states. That has not man. Indeed, one of them tried to take their own life. happened. The package was discussed at the General When his crimes came to light in 1991, Cullen fled to Affairs Council towards the end of June, but some Tenerife to evade justice. Last year, after 22 years on the reservations have still been placed on it, so we do not yet run and two decades of further suffering for his victims, have the final agreement. However, we believed that we he was extradited from Spain on a European arrest had sufficient knowledge to make it right and proper to warrant. This spring, he pleaded guilty to 15 counts of have this debate in the House today. indecent assault, five counts of indecency with a child and one count of attempted buggery. After a lifetime of Sir Tony Baldry (Banbury) (Con): Will my right hon. waiting, his victims who were watching in that courtroom Friend give way? in Derby finally saw justice done. That harrowing case and too many others like it form Mrs May: Sorry, I am still responding to my hon. the backdrop to today’s debate. Francis Cullen is just Friend the Member for Gainsborough (Sir Edward one of the despicable and cowardly criminals who have Leigh). I am trying to answer his question as carefully fled our shores to try to escape British justice. In an and clearly as possible. earlier age, he might have succeeded. Under the system The House will have the opportunity to vote on this of extradition that existed before the European arrest matter in due course, but having said that we would warrant—the 1957 European convention on extradition— bring the matter back to the House before the summer his 22 years on the run would have rendered him immune recess, I thought it right and proper to give the House from prosecution by the Spanish authorities, helping to the opportunity to have this debate. 487 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 488 Opt-outs Opt-outs Sir Tony Baldry: I am very grateful to the Home such as Poland. Some of those countries are issuing Secretary. I apologise if I interrupted her. warrants that are executed in our country, and it is I am sure that the Home Secretary will make it clear extremely difficult to control that. to the House that if we do not have the European arrest warrant, we will need to have a large number of individual Mrs May: That is one of the issues we are addressing. treaties with individual countries. My hon. Friend the One problem that has been raised—particularly in relation Member for Gainsborough (Sir Edward Leigh) and I to the country that the right hon. Gentleman mentioned—is are both old enough to have practised at the Bar when the number of arrest warrants being issued for offences that was the situation. I remember that, whether one at the lower end of the scale that would perhaps not be was prosecuting or defending, it could take ages and treated in the same way in the United Kingdom. That is ages, going to Horseferry Road magistrates court time why we have considered the issue of proportionality, after time, with adjournment after adjournment, year and introduced the requirement that a British judge will after year, before someone was extradited. consider whether the alleged offence and likely sentence is sufficient to make someone’s extradition proportionate. Mrs May: My right hon. Friend makes an extremely We have written the need to address that issue of valid point. It is the point that I had hoped to illustrate potential disproportionality into our legislation, and it with the case that I set out at the beginning of my will come into effect soon. speech, which is that the European arrest warrant has given us distinct advantages in our ability to have criminals Keith Vaz: I am grateful for that information. Further extradited back to the United Kingdom and, indeed, to to what the hon. Member for Gainsborough (Sir Edward extradite people elsewhere when they have committed Leigh) said, the Committee also decided, because of the crimes that warrant that extradition. concerns of so many Members, that there should be a separate vote specifically on the European arrest warrant Jacob Rees-Mogg (North East Somerset) (Con): Will when this package comes before the House. Will the the Home Secretary give way? Home Secretary agree to give the House a separate vote on that? Mrs May: I will, if my hon. Friend will wait a moment. Mrs May: I am well aware of the views that the Committee put forward in its report, and as I indicated There have, of course, been a number of concerns in response to my hon. Friend the Member for that we have addressed in our legislation. That is an Gainsborough (Sir Edward Leigh), we have not yet important point. I was in the middle of setting those agreed absolutely the final package with other European out, but before I go on with the list, I will give way to my member states and the European Commission, and hon. Friend. some technical reservations have been made. We are working on that and expect to be able to remove those Jacob Rees-Mogg: The Government, in their July 2013 reservations, and the House will have an opportunity to Command Paper, said that vote in due course. “it may be possible to negotiate bilateral treaties…with the EU”. The EU now has legal personality and I believe that Sir Gerald Howarth (Aldershot) (Con): My right there is legal advice, at least in the Ministry of Justice, hon. Friend said that we have legislated in a way that that says that a bilateral treaty with the EU would be protects us from the issuance of trivial European arrest possible. Why is that avenue not being pursued? warrants, but surely those will be subject to the European Court of Justice. They could, in future, strike out our Mrs May: There are two issues in relation to that. own legislation, reinforcing concerns among Conservative First, people often say, “That’s what Denmark has; it is Members that this Parliament continues to be sidelined able to negotiate directly because it has a complete in favour of the European Court of Justice. opt-out on these matters.” However, Denmark does not have any other legal avenue for opting in to those Mrs May: My hon. Friend should look to other measures. As the Commission has made clear, given member states in the European Union that are already that there is another legal avenue for the United subject to the European Court of Justice and already Kingdom—as negotiated by the previous Government— exercise a test of proportionality on such matters. To that is what should be pursued, rather than a separate return to the point I made earlier, although some may extradition treaty with the EU. Secondly, I say to right think that an arrangement similar to that held by Denmark hon. and hon. Members who think that some form of would get over that problem, it would not because part bilateral treaties would be a way of getting around the of the arrangement is precisely being subject to the jurisdiction of the European Court of Justice, that jurisdiction of the European Court of Justice. Denmark has been required to submit to the jurisdiction of the ECJ as part of the conditions of agreeing a treaty Mr John Redwood (Wokingham) (Con): Will my right with the European Union. hon. Friend give way?

Keith Vaz (Leicester East) (Lab): The Home Secretary Mrs May: If I may I would like to get to the end of is right that the European arrest warrant is needed and this list of measures so that right hon. and hon. Members right in principle, but the Home Affairs Committee was are clear about the provisions we have made in UK concerned about the way it has operated. I know she legislation. Hon. Members were concerned about arrest has worked hard to put forward changes, with forum warrants being issued for investigatory purposes rather bars and other such issues, but at the end of the day she than prosecutions, and that is the third issue we addressed. does not have control over the judiciary in a country We have legislated to allow people to visit the issuing 489 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 490 Opt-outs Opt-outs [Mrs May] Sir William Cash (Stone) (Con): As my right hon. Friend knows—she has said this already—there are state temporarily to be questioned ahead of an extradition concerns that our laws are being made elsewhere in this hearing in the UK, if they consent to do so. Members context. She then says that in fact we will keep control were also concerned about the prospect of people being over our laws. That is precisely not what is happening charged with offences over and above those specified in because, as she knows from the statement she made their arrest warrant if they chose to consent to extradition, earlier today, through section 3 of the European so our fourth measure is to lift the requirement that Communities Act 1972, the European Court of Justice individuals lose their right to “speciality protection” overrides not only this Parliament voluntarily, but also when they consent to extradition. our Supreme Court. Finally, a number of hon. Members—particularly Mrs May: As I indicated earlier, the House will my hon. Friend the Member for Enfield North (Nick de introduce its own legislation to ensure that we are able Bois), who has spoken passionately in the Chamber to do what we wish to do in terms of the powers of our about the case of his constituent, Andrew Symeou—were law enforcement agencies and our security and intelligence concerned about people being detained for long periods agencies. We must, however, make a choice on some of overseas before being charged or standing trial. Our these measures, and the question is whether we believe fifth change, therefore, was to change the law to prevent that we need such measures to keep the public safe and lengthy pre-trial detention. No longer will people be ensure that people are brought to justice, or not. I surrendered and have to wait months or years for a believe that with the measures we have negotiated, both decision to be made to charge or try them. I and the Justice Secretary—he has also been working hard on this matter—have recognised those issues and Mr Redwood: Does the Home Secretary understand will ensure that our police and law enforcement agencies that either this House is sovereign in criminal justice or are able to do the job we want them to do. the European Union is, and that if we opt into this measure, the European Union becomes sovereign? She Jacob Rees-Mogg: I am extremely grateful to the has rightly pointed out lots of defects with the arrest Home Secretary and sorry to trouble her a second time. warrant, but once we have given away our sovereignty This argument that our whole security depends on the we have no absolute right to stop or change things in the European arrest warrant must be false. An answer was way that we can if we keep the authority here. given to the European Scrutiny Committee about how many indictable offences there were in the UK in one year, and the figure was 377,000. In a four-year period, Mrs May: The point I have made to my right hon. however, there were only 507 requests for us to use a Friend, and others in the past, is that of course there is a European arrest warrant to the continent. That is 125 a question about the jurisdiction of the European Court year against 377,000 indictments in this country. Our of Justice, and we have already opted into measures security is not dependent on the European arrest warrant. post the Lisbon treaty where the Court operates. We have seen decisions by the ECJ that have been unhelpful— Mrs May: I find my hon. Friend’s argument strange. perhaps I can put it like that—such as the Metock case, He says that, simply because a small number of serious or the case I referred to earlier when making a statement criminals such as murderers are extradited on the European to the House. We believe that the Court should not have arrest warrant compared with the number indicted here the final say over matters such as substantive criminal in the UK, we should not worry. If somebody has law or international relations, and that is why we are not committed a murder and we wish to extradite them rejoining more than 20 minimum standards measures from another European member state, we should be able on matters such as racism and xenophobia. That is why to do so. The EAW, as all those who work with it will we will not be rejoining the EU-US extradition agreement, recognise and confirm—it has been confirmed in evidence and we should be able to renegotiate as we see fit. I am to Select Committees—is a better tool to use because it clear that we should have the final say over our laws. enables extradition to take place more quickly. By already opting out of certain European measures, As I have indicated, the Council of Europe arrangements, we have taken powers back from Europe that had which were in place previously, had a time limit. Had already been signed away. The process we were left with, the European arrest warrant not been in place, we which was negotiated by the previous Government, was would not have been able to extradite the individual I an unappealing choice between the potential impacts of mentioned earlier, Mr Cullen, back to the UK to face ECJ jurisdiction over those measures that it is in the justice, and his victims would not have seen justice national interest for us to rejoin, or the prospect and done. All the provisions—[Interruption.] My hon. Friend dangers of an operational gap. the Member for Shipley (Philip Davies) mentions the DNA database from a sedentary position. He and I have a different opinion on the database because he Several hon. Members rose— would like everybody in the UK to be on it. All the EAW provisions to which I have referred have Mrs May: I am being generous and will continue to been made in UK law and will commence later this be generous to my right hon. and hon. Friends, all of month. I believe they will make an important difference whom I know have firm views on this matter. I say to in the operation of the arrest warrant. The Labour hon. Members, however, that I too have firm views Government could have made all those changes during about ensuring that from 1 December this year, our the eight years they oversaw the EAW, but they failed to police and law enforcement agencies can continue to do do so. That failure has coloured the views of many in the job we want them to do in catching criminals and the House and beyond it about the EAW, but it should keeping people safe. not cloud the fact that the EAW is a vital tool for 491 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 492 Opt-outs Opt-outs ensuring that justice is done in this country and for have been able to resist many of the changes demanded keeping the British public safe, as has been so clearly by others, and have not been pushed into rejoining a impressed on me and Committees of the House in larger number of measures. We are clear that the deal is evidence given by the police and prosecutors who use it. a good deal for the United Kingdom. I take that responsibility as Home Secretary very seriously, One measure that we have successfully resisted joining and it underpins everything I say in the debate and the is Prüm, a system that allows the police to check DNA, process that has brought us to this point. fingerprint and vehicle registration data. I have been It might be helpful to remind hon. Members of the clear in the House previously that we have neither the background. When without the promised referendum time nor the money to implement Prüm by 1 December. the previous Prime Minister, the right hon. Member for I have said that it will be senseless for us to rejoin it now Kirkcaldy and Cowdenbeath (Mr Brown), signed the and risk being infracted. Despite considerable pressure UK up to the Lisbon treaty, he ceded more powers to from the Commission and other member states, that the European institutions and gave up our veto over remains the case. police and criminal justice matters. We got very little in All hon. Members want the most serious crimes such return, but one of the few things we got from that as rapes and murders to be solved and their perpetrators flawed negotiation and imperfect treaty was the option brought to justice. In some cases, that will mean the to opt out of all the police and criminal justice measures police comparing DNA or fingerprint data with those that were agreed before the Lisbon treaty came into held by other European forces. Thirty per cent. of those force. However, that opt-out had to be exercised en arrested in London are foreign nationals, so it is clear masse before the end of May 2014. Following votes in that that is an operational necessity. Therefore, the both Houses of Parliament last year, that is exactly comparisons already happen, and must do so if we are what the Government did. That decision is irreversible to solve cross-border crime. I would be negligent in my and will come into effect on 1 December 2014. From duty to protect the British public if I did not consider that date, we must either opt back in to the smaller the issue carefully. number of measures that we think are vital for the protection of the British people and other victims of Sir William Cash: Will my right hon. Friend explain crime, or face an operational gap that will hamper the to the House why it is so important to have those efforts of our police and law enforcement agencies. cross-border co-operation arrangements with the EU When the Justice Secretary and I came to the House and not with the entire world? last July, we explained that we had listened carefully to the views of our law enforcement agencies and prosecutors, Mrs May: Our police forces of course co-operate and concluded that a small number of measures that with other police forces throughout the world in bringing were subject to the opt-out decision add value in the criminals and perpetrators to justice. The European fight against crime and the pursuit of justice, and that it arrest warrant—I will repeat myself—is an extradition would therefore be in our national interest to rejoin arrangement that improves on the extradition arrangements them. We listened to right hon. and hon. Members, and that we had previously. I recognise that there have been carefully considered the reports of the European Scrutiny concerns about it, but we have legislated on those Committee, the Home Affairs Committee and the Justice concerns here in this Parliament. Committee, before opening formal negotiations with I was describing the Prüm system, which is about the the European Commission, the Council and other member easy, efficient and effective comparison of data when states. appropriate. We have been clear that we cannot rejoin Good progress has been made, and I am pleased to be that on 1 December and would not seek to do so. able to report that we have reached an in-principle deal However, in order for the House to consider the matter with the Commission on the non-Schengen measures, carefully, the Government will produce a business and which fall under its purview, and we have made good implementation case and run a small-scale pilot with all progress on the Schengen measures, on which the outline the necessary safeguards in place. We will publish that of a possible deal is now clear. I indicated earlier that by way of a Command Paper and bring the issue back the matter was discussed at the General Affairs Council to Parliament so that it can be debated in an informed on 24 June, but technical reservations remain, and way. We are working towards doing so by the end of discussions continue with the aim of allowing those next year. However, the decision on whether to rejoin reservations to be lifted. Therefore, the negotiations are Prüm would be one for Parliament. Unlike the Labour ongoing, but as I have said, the Justice Secretary and I Government, who signed us up to that measure in the have been clear throughout that we will update Parliament first place without any idea how much it would cost or as appropriate and give right hon. and hon. Members how it would be implemented, the Government will the opportunity to debate the issue. That is what we are ensure that Parliament has the full facts to inform its doing today. Last week, we published the Command decision. Paper—Cm 8897—which includes the full list of measures On another subject, I know that my right hon. Friend that were discussed at the General Affairs Council, and the Justice Secretary will want to address the probation impact assessments on each of the measures. That situation in his closing remarks—that is another measure fulfils the Government’s commitment to provide those we have successfully resisted rejoining. impact assessments and further demonstrates our The Government propose to rejoin other measures in commitment to parliamentary scrutiny of the matter. the national interest. We wish to rejoin the European Many were sceptical that a deal could be done, and supervision order, which allows British subjects to be many believed that the European Commission and other bailed back to the UK rather than spending months member states would force the UK into measures that abroad awaiting trial. That will stand alongside the we did not want to rejoin, but I am proud to say that we reforms we have made to the European arrest warrant, 493 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 494 Opt-outs Opt-outs [Mrs May] in it and I thought it was in the 35 measures we are rejoining, precisely because it gives us the opportunity and make it easier for people such as Mr Symeou to be to share this information. bailed back to the UK and prevent such injustices from occurring in future. We also wish to rejoin the Naples II convention, the principal tool for customs co-operation. Operation We are also seeking to rejoin the prisoner transfer Stoplamp, which used this measure to exchange vital framework decision, a measure that my right hon. Friend information with our partners, resulted in the seizure the Justice Secretary considers important. The framework of 1.2 tonnes of cocaine with a street value of about helps us to remove foreign criminals from British jails— £300 million—again, an outcome I am sure everyone in prisoners such as Ainars Zvirgzds, a Latvian national this House will welcome. We are also seeking to rejoin convicted of controlling prostitution, assault, and firearms Europol, which played a key role in helping our law and drug offences. In April 2012, he was sentenced to enforcement agencies to fight those criminals who tried 13 and a half years imprisonment in the UK. Last to exploit British customers by adulterating our food month, he was transferred out of this country to a with horsemeat. It is doing excellent work under the prison in Latvia, where he will serve the remainder of leadership of its British director, Rob Wainwright. his sentence. Had it not been for the prison transfer measure, he would have remained in a British prison, at Those are just a handful of examples that illustrate a cost to the British taxpayer of more than £100,000. why our participation in these measures is in our national interest. Today’s debate is not about the flawed treaty to We wish to rejoin the measure providing for joint which the previous Labour Government signed us up; it investigation teams, so that we can continue to participate is about the decisions we must take now to protect the in cross-border operations such as Operation Birkhill. public and keep the British people safe. The Government’s That collaboration with Hungary, funded by Eurojust policy is clear: we have exercised the opt-out and negotiated and assisted by Europol, led to five criminals being a deal to rejoin a limited number of measures that we sentenced at Croydon Crown court last month to a total believe it is in the national interest for us to remain of 36 years imprisonment for their involvement in trafficking part of. more than 120 women into the United Kingdom from Hungary, the Czech Republic and Poland. One of those I look forward with interest to the speech from the convicted, Vishal Chaudhary, lived in a luxury Canary right hon. Member for Delyn (Mr Hanson), as it would Wharf penthouse and drove a flashy sports car bought be helpful to know the Opposition’s position on these from the money he made selling those women for sex. various measures. Every time we debate them, we see a Chaudhary and his gang managed their operation from slightly different position coming forward. I am sorry a semi-detached house on a suburban street in Hendon, that the shadow Home Secretary is not here to tell us and operated more than 40 brothels across London, herself, but perhaps the right hon. Gentleman will be including in Enfield and Brent. Their victims were able to tell us whether they would have exercised the threatened with abuse if they tried to contact their opt-out that they negotiated. Would they have remained families. Some were forced to have sex with up to bound by all 130-plus measures, rather than negotiating 20 clients a day. These are the victims of crime that the a limited number in the national interest? Would they measures we are debating to day help. Joint investigation have changed the law to protect British citizens, as we teams are a vital tool in the fight against modern have done in relation to the European arrest warrant? slavery, a crime this House so passionately demonstrated Would they have risked infraction proceedings by rejoining earlier this week it wants to see tackled. I hope the Prüm without fully considering the facts? House will support rejoining the measures that will help The evidence suggests that the Opposition do not us to do that. share the determination of this party and this Government to reduce the control Brussels has on our criminal Keith Vaz: I support everything the Home Secretary justice system. Their position has always been to say has said in respect of these policing issues. However, one thing and do another. There was a manifesto promise why have we not rejoined the European criminal for a vote on the Lisbon treaty, but they refused to hold information system, which would have provided us with a referendum. They said they would protect British red information on those who come into this country and lines, but they gave up our veto in policing and criminal already have criminal convictions? justice matters. They negotiated an opt-out and then voted against using it. That contrasts with the position taken by this Government. We support, and have exercised, Mrs May: We discussed the measure the right hon. the United Kingdom’s opt-out. We support the return Gentleman refers to in front of his Committee and of powers from Brussels to the UK. We support acting other Committees. There are a number ways in which in the national interest by rejoining a limited number of we deal with these matters in terms of exchanging measures to protect British citizens and the victims of information. I want to be sure that I am looking at the crime. This is consistent with our approach to the measures to which he is referring and I think that they Europe Union as a whole. are Council Framework Decisions 2009/315/JHA and 2009/316/JHA. They require member states to inform each other about convictions of EU nationals and are Michael Connarty (Linlithgow and East Falkirk) (Lab): an important tool for sharing data. The reason I am I notice that the title of the debate actually refers to hesitating here is that we were certainly discussing the opt-outs. Apart from Prüm, can the Home Secretary possibility of rejoining this particular measure. name one thing that they are not opting into that will [Interruption.] It is in the 35. Yes, that is why I was make a significant difference in repatriating competence hesitating. The right hon. Gentleman said we were not to the UK—one single issue apart from Prüm? 495 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 496 Opt-outs Opt-outs Mrs May: It is not that we are opting back into Prüm. Keith Vaz: Will my Opposition Front Bench colleagues We did not join Prüm in the first place, so that is rather support a separate vote on the European arrest warrant? different from the measures in the 35. My right hon. It caused the Home Affairs Committee a great deal of Friend the Justice Secretary has spoken in front of concern. Select Committees on a number of occasions on the importance of not opting into those minimum standards Mr Hanson: I am relaxed on that, but I do want the measures in relation to the justice system. I suggest that European arrest warrant put in place. We have had the hon. Gentleman has a look at those. some safeguards, but I will outline in due course the reasons why I want to see it put in place. It would be The Prime Minister has repeatedly taken tough action helpful to have clarity on when the discussions will be to stand up for Britain in Europe by cutting the EU concluded and can be voted on. I appreciate that the budget, saving British taxpayers more than £8 billion, Home Secretary has some difficulties, but it would be vetoing a new EU fiscal treaty that did not guarantee a helpful to the House, for the reasons set out by my right level playing field for British businesses and refusing to hon. Friend, to have an indication on when we can spend British taxes on bailing out the euro. It is under expect to have a complete package to vote on. this Prime Minister that Britain did not budge on the principle that it should be for the elected Heads of Mr Redwood: How will the right hon. Gentleman feel national Governments, not the European Parliament, on 15 June next year, when some of us will commemorate to propose the President of the European Commission. Magna Carta’s 800th birthday and he will have been What I have outlined today is another example of this party to giving away a very big, fundamental principle Government standing up for the United Kingdom’s under that charter of English law and English jurisdiction best interests, bringing powers back home while doing to a foreign power we cannot control? all we can to keep the British people safe. That is the sort of leadership in Europe that this country needs. Mr Hanson: The right hon. Gentleman will know that, as a Welsh Member of Parliament, I take a great interest in such matters. I will look at this from the 1.25 pm perspective that I think the Home Secretary is looking at it from, which is: what is in the interests of reducing Mr David Hanson (Delyn) (Lab): For 30 of the past organised crime, child trafficking, prostitution, drug 35 minutes, the Home Secretary had me on board. It running and terrorist activities, and ensuring that we was only in the last five minutes that she lost me. It was prevent future victims and have the best possible protections almost a first. I appreciate that we have a meeting of in place for the United Kingdom across Europe following minds on several issues. I was probably more in tune negotiations? with her than she is with some of her own right hon. and hon. Friends—an unusual situation in which to Michael Connarty: My right hon. Friend has not find myself. dealt with the terrible accusation, which the right hon. Member for Wokingham (Mr Redwood) has just made, I thank the Home Secretary for her contribution, on that the EU is a foreign power. We are one of the which there is a large element of agreement with the 30 countries that control the EU. It is part of what we Opposition. I also thank the three Select Committee are. Idle talk of it as a “foreign power” shows where the Chairs, the hon. Member for Stone (Sir William Cash) right hon. Gentleman is. He should be in the United my right hon. Friend the Member for Leicester East Kingdom Independence party, not the Tory party. (Keith Vaz) and the right hon. Member for Berwick- upon-Tweed (Sir Alan Beith) for their contributions to Mr Hanson: I am grateful to my hon. Friend for the discussions on these key matters. pointing out that nuance in the intervention by the right We have been here before and I suspect, given what hon. Member for Wokingham. I regard myself as a the Home Secretary said, that we will be here again European and British citizen and part of— before the end of the year. I can see from the contributions from her own side, in particular from Government Philip Davies (Shipley) (Con): I don’t. Members here today who perhaps have a greater level of euroscepticism than I do, that there was not a universal Mr Hanson: I appreciate that others take a different welcome for her statement. There will not be a universal view, but that is my view. welcome for her projected policy positions later this I welcome today’s debate because I believe—again, I year, but I want to be positive if I can and support the think the Home Secretary shares this belief—that crime Home Secretary’s objectives. and criminals do not respect national borders. Technology The motion today is that this House has considered, has moved on in the last 15 to 20 years, which means not decided on, the opt-outs. My first point is one the that there are a range of issues that need to be addressed Home Secretary touched on, but we would welcome not just within the boundaries of the United Kingdom, clarification. It goes back to the point raised by the but across Europe as a whole. Free movement and new right hon. Member for Wokingham (Mr Redwood): forms of criminal activity, such as cybercrime, require when will there be a final package on these measures collective action across Europe. and when will we be able to not just debate but vote on them? December is looming and I would like at some Sir William Cash: In this very interesting exchange point to have an indication, from the Home Secretary between those on the Front Benches, who seem to be or the Justice Secretary, of when we can expect to have a largely in agreement, let me ask the same question that I vote. At the moment, there is no clarity on when that asked the Home Secretary.Wouldthe right hon. Gentleman final vote will be. be good enough to explain to me and the House why we 497 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 498 Opt-outs Opt-outs [Sir William Cash] the murder or death of individuals, along with child trafficking, prostitution and drug abuse. They might be have an arrangement with the European Union on this a small number in the overall gamut of crimes in the basis and not one to deal with other murderers, traffickers United Kingdom, but if they require international and the rest of it in the rest of the world? Can he explain co-operation to bring people back to justice, prevent what is so special about the European Union in this those crimes in the first place and ensure that we collect context? individuals and bring them back here, that is something worth considering. Mr Hanson: As I think the Home Secretary also indicated in our little tête-à-tête of agreement, there is a Sir Tony Baldry: My hon. Friend the Member for wider world outside Europe, but we have strong ties North East Somerset (Jacob Rees-Mogg) is a great guy, with Europe. We have free movement in Europe on a but I do not think he has got his figures right. According range of matters. We do not have free movement from to evidence submitted by the Association of Chief outside the European Community, so there are issues Police Officers to the House of Lords European Union that we should ensure we deal with within the European Select Committee, Community. “In 2010/11 the UK received 5,382 EAW requests and made 221 EAW requests to other EU states. The UK surrendered 1,149 Philip Davies: We appear to be reaching an extraordinary individuals (approximately 7% of which were UK nationals, the position, in that the right hon. Gentleman seems to be other 93% being fugitives to the UK).The UK had 93 people advocating the free movement of people all around the surrendered to it.” EU, so that criminals can come and go as they please, Therefore, we actually surrendered a large number of but then we need these ridiculous measures to try to people who were not UK nationals. Someone who is a deal with that. Why do we not just take a more simplistic criminal somewhere else is likely to be a criminal here. approach and scrap the free movement of people? Then Does that not demonstrate that the European arrest perhaps we would not need all these ridiculous measures warrant actually works perfectly well in getting rid of in the first place. some very dangerous people from this country?

Mr Hanson: Again, I think the hon. Gentleman perhaps Mr Hanson: May I just say happy birthday to the has more in common with other parties than his own on right hon. Gentleman? I am an avid reader of The that issue. Some of the changes that have taken place—in Guardian in the morning and his birthday appeared in technology, free movement, cybercrime, new forms of that. His contribution supports my argument and that crime, child prostitution, trafficking and drugs—demand of his right hon. Friend the Home Secretary, so it is a a Europe-wide solution, and I think the Home Secretary valid point, well made. has accepted that. They are international crimes that know no borders and they need international solutions. Jacob Rees-Mogg: The figure given to the European Each crime is creating new victims. I believe it is the Scrutiny Committee was 507 whom the UK asked for duty of this House to ensure that we work with our between 2009 and 2013. I am interested in when it European partners to reduce that crime, bringing criminals benefits the United Kingdom, not when it benefits the to justice and, yes, co-operating to do so. continent.

Bob Stewart (Beckenham) (Con): Can the right hon. Mr Hanson: The hon. Gentleman should reflect on Gentleman say, therefore, what exactly the organisation what he has just said. The removal from the United called Interpol does, which is supposed to be worldwide? Kingdom of an individual who has committed a heinous crime in this country to their own country for conviction, Mr Hanson: As the former Minister for policing and sentencing and incarceration benefits the United Kingdom. counter-terrorism in the last Government, I could spend Equally, if an individual commits a crime abroad that the next 25 minutes giving the hon. Gentleman a whole requires them to be brought back to justice here—or if lecture about what Interpol does. The key issue is that they commit a crime here and flee abroad, as the Home there are a range of measures. I believe that if he went Secretary said—and they are then brought back here, back to south London this evening and asked his that is beneficial to victims and to justice. constituents whether they wanted effective co-operation to tackle drug abuse, child trafficking, prostitution and Mr Redwood: Will the right hon. Gentleman give international terrorism, the answer would be a resounding way? yes. It is something the Home Secretary believes is right; it is something we believe is right. Mr Hanson: I am trying to make some progress, but of course I will give way. Jacob Rees-Mogg: May I make the same point to the right hon. Gentleman that I made to the Home Secretary? Mr Redwood: We entirely agree that it is often in the The figure is only on average 125 people a year. He is UK’s interest to do that, and that is exactly why we making it sound as if the whole country will disappear would rapidly introduce a piece of legislation in this down a crevasse if we do not have the European arrest House allowing sensible arrangements to get rid of warrant, but if 125 people are slightly more difficult to nasty people. bring back, the world will still go round. Mr Hanson: I want to focus on some key issues that, Mr Hanson: The hon. Gentleman is talking about a again, the Home Secretary mentioned. Which rational small level of crimes, but they include crimes that could hon. or right hon. Member of this House would not destroy the centre of London and crimes that involve want a prisoner transfer agreement between European 499 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 500 Opt-outs Opt-outs nations? Which rational person in this House would rather than in the interests of Conservative Back Benchers want to have trials in absentia because of the lack of an and the Eurosceptic Members here today.She has promised agreement? Which rational person would not want the to garner favour with the Tory right, but she is ultimately joint operation teams, which the Home Secretary opting into measures that we support because she now mentioned, to bring criminals to justice? Which right understands that the police want European co-operation hon. or hon. Member would not want supervision and that criminals are not Eurosceptics. She understands orders across EU borders? Which right hon. or hon. that our ability to bring them to book and to get justice Member would not want the collection of fines across for their victims should not be compromised. Europe, Eurojust tackling serious organised crime or, The issue of the transfer of powers is interesting. The indeed, the arrest warrant to bring criminals back to right hon. Lady has said what she is opting into, but she justice? has not said what she is opting out of. These are not really significant matters. She has looked at opting out Mr Bernard Jenkin (Harwich and North Essex) (Con): of issues such as signing joint proceedings on driving It would be better if we conducted this debate on the licences that are not in force and are out of date. We are basis that we were all in favour of those things. It is not signing up to a directive on international organised the means of achieving them that we are discussing. crime that was closed down two years ago. We are not The idea that, because an hon. Member is against the signing up to guidelines on working with other countries European arrest warrant, he is against all those things is on drug trafficking, but we will carry on doing that insulting and stupid. anyway. We are not going to sign up to measures on Mr Hanson: I thank the hon. Gentleman for his cybercrime or mutual legal assistance because they have contribution, but what those effective means are is a fair been superseded by other measures to which we signed debate to have. I believe, as I think his right hon. Friend up instead. We are not signing up to minimum standards the Home Secretary does, that those things are best on bribery because we are meeting them under our own done through European co-operation. Indeed, the European Bribery Act 2010. We are not signing up to measures to arrest warrant has been of interest today, so let me tackle racism because we meet them under hate crime quote from a statement made last year: legislation that is in place. We are not signing up to measures on accession because they never applied to us “Since 2009 alone, the arrest warrant has been used to extradite from the UK 57 suspects for child sex offences, 86 for rape and in the first place, and we are not signing up to receive a 105 for murder…63 suspects for child sex offences, 27 for rape directory of specialist counter-terrorism officers because and 44 for murder were extradited back to Britain to face charges. someone will probably send it to us in the post instead. A number of these suspects would probably have not been extradited The measures that the Home Secretary is signing up back to Britain without the arrest warrant. We owe it to their to are sensible ones, whereas the ones she is not signing victims, and to their loved ones, to bring these people to justice.”— [Official Report, 9 July 2013; Vol. 566, c. 178.] up to are either from the past, superseded, not relevant or not appropriate for us. The right hon. Lady has That was the Home Secretary, speaking last year. I say posed as the great Eurosceptic champion of the to the hon. Gentleman that, irrespective of his views, Conservative Government when what she has done is to those individuals were brought back by that arrest sign up to things that I would sign up to, which many of warrant. The alternative suggestion, made by the right her hon. Friends would not sign up to. The things that hon. Member for Wokingham, is one where we negotiate she has not signed up to are things that are, as I say, not X number of individual arrest warrants— relevant, not appropriate and not needed now. Mr Redwood: One. Julian Smith (Skipton and Ripon) (Con): Does not Mr Hanson: I happen to think—it is a matter of the right hon. Gentleman agree with me that the Home debate and it will develop during the afternoon—that Secretary and the Home Office have spent hours, days this is a far better way of dealing with the problem than and months working to ensure that the many concerns we have now. people had about the European arrest warrant have Today’s debate is one in a series. We have waited and now been addressed in UK law? waited; we have had debates and debates; the bus arrives, with not one, but two or three coming at once; yet the Mr Hanson: They have indeed spent many hours, Home Secretary has not yet brought the final measures days and months, and I have spent many hours, days before the House. To be honest, I think that the right and months in Committee dealing with those matters, hon. Lady would rather be at the dentist having her too. We did not oppose what the Home Secretary teeth pulled than be here having the discussion she is brought forward; we supported it. There was no difference having with her right hon. and hon. Friends. She has between us and the Home Secretary on those matters. It been brought to this debate by the three Select Committees, could have made a difference—and, dare I say it, it which are eventually getting the Home Secretary’s could make a difference now—if the Home Secretary capitulation to common sense and European-wide justice had brought forward several months ago the measures and co-operation. It has, I think, hit the right hon. she has just brought forward now. She could have had Lady, after looking at the matter in detail, that it is an in-principle discussion— rather useful for our police to have access to criminal records or driving offences for when European lorry The Lord Chancellor and Secretary of State for Justice drivers tear up the M1 or the M6. (Chris Grayling): We did. The truth is that the Home Secretary’s opt-out strategy ultimately becomes an opt-in strategy. The measure of Mr Hanson: The Justice Secretary says that they did, the complexity of the negotiations is indicated by the but he needs to reflect more on the record. The Home fact that she is now acting in the interests of Britain Secretary has tried to indicate that some of these matters 501 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 502 Opt-outs Opt-outs [Mr Hanson] with these proposals from the European Commission, and Viviane Reding, another European Commissioner might be up for discussion, but ultimately, as she knows, of the first order—who are committed to driving forward they are in the interests of crime fighting, the interests these arrangements in the belief that if they could of victim prevention and the interests of ensuring that manage to secure a EU-wide criminal justice system, we bring criminals to justice. they could make further progress towards the European political union that they want. That is really what it is Michael Connarty: I think that my right hon. Friend all about. It is simply naïve and disingenuous to put it is being kind to the Opposition and, probably correctly, any other way. to the Home Secretary, who has worked hard on this issue. The Justice Secretary, however, defended the position Mr Redwood: Does my hon. Friend remember that previously. They will accept minimum standards on when we had Conservative Governments, we always organised crime, but they will not accept minimum understood that, and it was a fundamental principle standards on terrorism. It is totally illogical. The Justice that home affairs and foreign affairs had to be kept Secretary has forgotten about that. I raised the issue on outside the treaties and outside the purview of the the Floor of the House previously and the right hon. European Court of Justice through the three pillar Gentleman could not reply then and he cannot reply structure? now.

Mr Hanson: My hon. Friend raises important issues, Sir William Cash: That is absolutely right. I have but my chief point to the Home Secretary is that she followed these matters with what could be described as could have indicated her commitment to opting in to a mild degree of interest since the Maastricht treaty, in these issues more strongly and earlier, which would have which we were promised all these pillars, but they have put her in a much better place in the negotiations. all now collapsed as though Samson had stretched out [Interruption.] The right hon. Lady says she did, but I and pulled them down, bringing the whole of the criminal do not think she did. We will have to disagree and justice arrangements we had previously enjoyed crashing reflect on the issues again. The Home Secretary has down with him. tried to be Eurosceptic and to compromise with her Despite all the promises that were made, during the Eurosceptic Back Benchers, but they will never compromise Lisbon treaty debates my right hon. Friends on the on these issues. She needs to take a firm stance to ensure Front Bench and I, who were then in opposition, voted that the House has a vote and agrees these measures against every single measure. We were completely united because they are good for crime prevention, good for as a party, not just as Eurosceptics but as sensible victims and good for bringing people to justice. She people—rational people, if I may say so to the right needs to bring the vote forward as quickly as possible so hon. Member for Delyn (Mr Hanson). The bottom line that we can shake off the Eurosceptics and show that we is that we have now completely reversed our position in Britain are committed to working with our European and are in the process of accepting 35 measures that we partners to crack down on crime and ensure that both would not have contemplated when the Lisbon treaty Britain and Europe become safer places. was going through. Many of the issues that have already been raised and 1.46 pm will be raised later during the debate are of deep concern Sir William Cash (Stone) (Con): This issue is not at not only to many Conservative Members but, I would all about shaking off Eurosceptics; it is about deciding say, to many people throughout the country, as the what is sensible for the United Kingdom in line with votes in the European elections indicated. I think that our values, our traditions and our own rule of law. As this is just another example of our giving in to European many right hon. and hon. Members have indicated, measures when there is no real, rational reason for there is no reason for these provisions that could not doing so, given that there are criminals—murderers, have been achieved by other means. Furthermore, I traffickers and so forth—throughout the rest of the have still not had an answer to the question: what is so world. special about the European Union and the cross-border From 1 December 2014—the right hon. Member for arrangements that operate within it, compared with Delyn mentioned this, but I want to reaffirm it from this anywhere else in the world, where we will find murderers, side of the House—the Court of Justice will exercise traffickers and all the other problems that my right hon. full jurisdiction over all EU police and criminal justice Friend the Home Secretary mentioned? They problems measures. As a result, the Commission will be able to are found in the rest of the world and in Europe, yet we infract member states—bring them before the Court, have these special arrangements for Europe alone. The because we have allowed it to do so—and request a fine answer is simple: it is about sovereignty. if they fail to implement the measures correctly. National This is all about giving in to the European Union, courts will be able to seek preliminary rulings from the through the European Communities Act 1972. Watching Court on their interpretation or validity. That is a both Front-Bench teams is rather like watching an matter of grave concern to the United Kingdom. The attempt to get out of a paper bag—except for the fact European Scrutiny, Home Affairs and Justice Committees that this paper bag is a steel mesh. The steel mesh is the —the Chairmen of all three are present—were concerned European Court of Justice and sections 2 and 3 of the about the 2014 block opt-out decision, and every one of European Communities Act. I respect what the Home us, including all the members of my Committee, was Secretary is trying to do because she is stuck and critical of the Government’s reluctance to engage fully trapped in arrangements that are being dictated by the with Parliament. All the Committees’ reports are tagged very people—Mr Juncker, for example, who came forward to this debate. 503 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 504 Opt-outs Opt-outs The history of the issue has not been by any means a “solution concerning the Prüm Decisions and the Probation happy one. In their response to the reports, the Government Framework Decision” stated: which was alluded to in the Council press release issued “ For the avoidance of doubt, we reaffirm our commitment to after the General Affairs Council on 24 June, is not hold a second vote in both Houses of Parliament before making a mentioned or explained in Command Paper 8897, in formal application to rejoin any measures. We continue to believe the Minister for Europe’s written ministerial statement that in order for this vote to be as informed as possible, it should of 30 June informing Parliament of the outcome of the be held after we have reached an ‘in principle’ agreement on those Council, or in the letter of 3 July from the Home and measures we will seek to rejoin.” Justice Secretaries to me, as Chair of the European The problem is that this debate—a general debate—is Scrutiny Committee. We note that details of the “solution” not meeting what we understood would be the case. I have emerged through press releases and reports and remain somewhat surprised that we are engaging in this not through the provision of information to Parliament, debate when the timing of and procedure for the real and we want to know whether the Government regard debate have not yet been spelt out. I hope that, when he that as an appropriate way for them to engage with winds up today’s debate, the Justice Secretary will give Parliament. us a clear, factual indication of when that vote and that debate will take place, because that is what the Government We seek further information on the content of the have committed themselves to doing. deal that has been made, including any processes for consulting Parliament. We want to know how much the UK has invested so far in its preparations for implementing Jacob Rees-Mogg: My hon. Friend makes a crucial the Prüm decisions, and we ask the Minister and the point. We understood from the Home Secretary that Secretary of State to set out the Government’s current there would be a vote, but we have been given no assessment of the utility of the Prüm and probation assurance that there will be a debate prior to that vote. framework decisions. Will my hon. Friend be seeking clarification on that? We want to know about the reliability of some of the Sir William Cash: That is exactly what I have said, assumptions underlying the Government’s impact and that is exactly what we need to have an answer to. assessments, especially in regard to measures such as What we do not want is a short debate followed by a the prisoner transfer framework decision, when the vote. We want a comprehensive debate on the Floor of capacity to operate the measures may be in doubt in the House of Commons—no ifs and no buts. I am sure some member states, or when the risk of legal challenge that the Justice Secretary will be able to give us that on human rights grounds—based, for example, on article 3 assurance. of the European Convention of Human Rights if prison conditions are regarded as inhuman or degrading, or on A letter written to me by the Home and Justice article 8 if there is interference with the right to respect Secretaries dated 3 July confirmed that an agreement for family life—could be regarded as significant. “in principle” had been reached with the Commission on the non-Schengen measures, but not on the overall We note that the possibility of adverse rulings by the package. According to the Home Secretary, a number Court of Justice does not feature among the “key of “technical reservations” remained in regard to the assumptions/sensitivities/risks”in the impact assessments, Schengen measures, and the General Affairs Council although concerns about the extension of the Court’s maintained that position the other day. We must have a jurisdiction to EU police and criminal justice measures further, full debate on the Floor of the House, and a are at the heart of the block opt-out. vote, once full agreement has been reached. We note that the Government claim to have taken I want to put a number of questions to the Government. into account the views expressed in our report, as well I should be grateful—as, I think, would the rest of the as those of other Committees. We want to know whether House—if the Justice Secretary responded to them they accept the assessment of our Committee that the when he winds up the debate. selection of measures to rejoin We need the Government to explain the reasons for “does not signify any lessening of UK involvement in the key the changes to the 35 measures, and to identify which measures governing law enforcement cooperation in the EU” , changes demanded by the Commission and the other our assessment that many of the measures, because of member states they were able to resist. We want them to their inherent significance and impact on individuals, clarify whether these are the measures that the Government are likely to be more susceptible to adverse judgments themselves wish to seek to rejoin, or whether they are of the Court of Justice than the numerically larger measures that they are compelled to rejoin in order to number of measures that the Government do not propose secure a coherent package that is acceptable to the to rejoin, and our assessment that there is Commission and the other member states. In a nutshell, “little evidence of a genuine and significant repatriation of powers”. was this a deal made behind closed doors and conducted to a great extent, if not entirely, by officials, and to what So we are asking a significant number of questions, extent does it reflect coalition politics? and I am putting them on the record now, because we are going to have another debate at a later time. We We note that the 35 measures present only part of the want to know the significance of the answers to these picture. We ask the Government to complete the picture questions and weigh them up in the light of the general by making available to Parliament a list of all the principles I put forward at the beginning, and we need pre-Lisbon measures that were subject to the United to know about the timing of this debate. We want to Kingdom’s block opt-out as of 1 December 2009, but know not only when it will take place, but what measures no longer are because the UK has opted into amending it will cover, as well as receive assurances about the or “repeal and replace” measures. motions that will be tabled. I ask the two Secretaries of We should like the Government to explain why the State to listen to this very carefully—they are having 505 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 506 Opt-outs Opt-outs [Sir William Cash] difficult. The Committee unanimously decided, however, that we should be asking for this because of the quite an interesting conversation with one of the Whips representations we had received from so many people, at the moment. Would they be good enough to listen including hon. and right hon. Members, about the way carefully? We want to know that the motions will be in which the European arrest warrant operated. tabled with sufficient notice to enable Members to We have heard what the Home Secretary has done, prepare amendments, and we reiterate the position on and I welcome all the steps she has taken, and also the the form of the vote set out in our Committee report: views of the Opposition Front Bench in Committee there should be separate motions for each of the measures when it looked at the way in which the arrest warrant the Government propose to rejoin. was operating. We heard specific evidence in the Committee That is an important practical question about that from, among others, the hon. Members for Enfield debate, and I believe it is incumbent on the Government North (Nick de Bois) and for South Dorset (Richard to answers the questions this afternoon so we have a Drax) about individual constituency cases where the clear picture of the way forward and so we know that European arrest warrant had gone wrong. I and the this debate will not be just a waste of time, given that we Committee accept the principle of the European arrest have got another debate and another vote to come when warrant. We believe this was an important measure to all these measures are going to be finally decided. They enable countries that are members of the European are critical measures of great importance not only in Union—and, indeed, beyond, through bilateral agreements terms of criminal justice matters, but also in respect of —to bring back into the country and offer up those the whole question of the sovereignty of the United who are wanted in respect of criminal matters. So the Kingdom and its rule of law. principle is fine. However, our concern was the practice, and the examples we received caused us enormous 2.1 pm concern. Keith Vaz (Leicester East) (Lab): It is a pleasure to There was the Andrew Symeou case, which was told follow the Chairman of the European Scrutiny Committee, to us by the hon. Member for Enfield North, and the the hon. Member for Stone (Sir William Cash), and as I case of Michael Turner—a gentleman who was extradited have not done so previously, may I congratulate him on to Hungary and incarcerated there and who never faced the knighthood that has been bestowed on him, which any charges and who is a constituent of South Dorset—and was very well deserved, and may I also say how pleased other examples that caused Members to say that the I am to see the right hon. Member for Banbury (Sir Tony European arrest warrant was good in principle but not Baldry) here today, because I understand it is his birthday? necessarily good in practice and had caused their What a glorious way to celebrate a birthday, talking constituents a great deal of concern. about the European arrest warrant and the prisoner As we have heard, the number of requests to our transfer agreements! country far exceed the number of requests that we I welcome this debate. As the House has heard from make. The total cost of executing an incoming European the hon. Member for Stone (Sir William Cash), the arrest warrant in the United Kingdom is approximately Chairs of the three Select Committees wrote to the £20,000. The 999 received by the United Kingdom in Justice Secretary and the Home Secretary asking for an 2011 are estimated to have cost around £20 million. So early opportunity to debate these issues, and our letter this is not justice on the cheap. It costs a great deal of was received very courteously and we now have a debate money to execute these warrants. as a result of our representations. In the view of the Our concern was the way in which they were being Home Affairs Committee it would have been much requested by certain European countries, and I have better if this debate had taken place before the negotiations mentioned Poland but there were other examples. Indeed, began. That was one of the recommendations we made if we look at the requests made of Germany and other after we took evidence from the Home Secretary and countries where people are wanted, we see the figures others about these important measures, because we felt are just as high. The Home Secretary has great negotiating strongly that if Parliament had made its views clear skills, charm and powers of persuasion, which I saw for before the Home Secretary and Justice Secretary started myself at the Police Federation conference earlier this their negotiations, that mandate would have bolstered year, so she is no pushover, and I am sure she went in them in their negotiations with their European partners. there and negotiated strongly on behalf of our country, Unfortunately, such a debate did not take place before as Ministers have to do, especially knowing the views of the negotiations began. Parliament. The fact is, however, she does not have I agree with the Chairman of the ESC that there control, and neither does the Justice Secretary with all ought to be a vote on this issue. I am glad the Government his great skills and ability, of the Polish judiciary. They have said they will have a vote. I would be surprised if do not have control of the Latvian system of justice. there was not a debate before the vote. Even though we They do not have control of the way in which these are probably only going to have the usual suspects here, warrants are issued in the first place. They do have I think it should be a long debate, rather than an control over the execution, but not over the issuing. hour-and-a-half debate, because these are very important measures. What we have asked for—I will come on to Chris Heaton-Harris (Daventry) (Con): There are this later when we look at the European arrest warrant—is some other issues around the European arrest warrant a separate vote specifically on the European arrest and trying to reform it. While we might want to have warrant. The Committee produced a unanimous report, reforms that make it function better, is it not the case and those who serve on the Home Affairs Committee that the European Commission, in co-decision with the have different views on the European Union, so getting European Parliament, has to have the final say on these a unanimous decision on something of this kind is quite matters? So we might want to have this reform, but it 507 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 508 Opt-outs Opt-outs might never come forward, and that is a fundamental “I hope that today I have conveyed to the House not only the problem about the opt-in, because we give these powers Government’s full commitment to holding a vote on the 2014 away completely once and for all. decision in this House and the other place, but the importance that we will accord to Parliament in the process leading up to that vote.”—[Official Report, 15 October 2012; Vol. 551, c. 35.] Keith Vaz: I defer to the knowledge of the hon. It could be that Members want a vote on each of the Gentleman with all his vast experience of European 35 measures, but the Committee definitely wants a vote affairs. Having served as an MEP for so long in the east on the EAW, because we think it stands out in the midlands, he sought asylum here in the House of Commons business that the Home Secretary and Justice Secretary and he has rightly raised one of the big issues. We can are currently discussing in the EU. negotiate, but at the end of the day it is an issue that we need to confront. How are we going to persuade the I welcome what is being proposed on Europol, and European Commission on these very important matters? the Committee is a great fan of Rob Wainwright, the British head of Europol, who is doing a terrific job. We have heard about the wheelbarrow case—the man Anyone who has visited Europol will see the work being accused of stealing a wheelbarrow who was the subject done there, which is impressive and effective, and helps of a European arrest warrant—and those absconding in the fight against organised crime. Europol works well from prisons on day release or those accused of minor with Interpol, although I know comments were made drugs offences. There was a man who gave false details about Interpol. I and others have visited Interpol, which on a £200 bank loan that had already been paid off. A provides a huge benefit to cross-border action against warrant was issued, it had to be executed and that cost serious and organised crime, illegal migration, people £20,000. So the Home Secretary is right to give us the trafficking and all the other issues about which the headline examples—as the shadow Immigration Minister House is very concerned. At the moment, there are also did—of people who commit terrible crimes in 3,600 internationally active organised crime gangs operating other parts of Europe and who we feel obliged to give across Europe. We cannot deal with those on our own, back as quickly as possible, but many, many examples especially as far as cyber-crime is concerned; we have to go the other way and that shows there are still problems deal with them through Europol. The Home Secretary with the warrant. The Home Secretary has made big is right to opt back in to those proceedings. I am not efforts to make these matters more effective by introducing sure about one or two of the other Europol decisions, the forum bar and giving more powers to the judges to but if we are going to have further discussions, we will look at such cases, but that is not enough when European raise those at that stage. partners are not prepared to reform their judicial systems, where so many warrants are being issued. The Home Secretary is often reluctant to tell me Sir William Cash: In this context, does the right hon. about her travel plans after she has been to some of Gentleman regard Albania’s candidacy for the European these countries but I am sure that, like me, she has been Union with equanimity? [Interruption.] to Poland. I went there with members of the Committee and we talked to prosecutors there. The first question Keith Vaz: I apologise, but I could not hear the hon. they asked was, “Are you coming to talk about the Gentleman because the hon. Member for Aldridge- European arrest warrant?” We said, “Yes we are, because Brownhills (Sir Richard Shepherd) was muttering so I we are really concerned. Why are the Polish judges was looking at him. I wonder whether the hon. Member issuing so many warrants when, in our view, they are for Stone would repeat that. not merited?” These warrants undermine the principle of the EAW when they are issued for such trivial Sir William Cash: I just wanted to know whether, in reasons as the theft of a wheelbarrow. Obviously, it is the context of the issues of justice and home affairs and extremely important for the person who has lost the all the matters we are discussing today, the right hon. wheelbarrow, but in the whole history of the world, to Gentleman regards with equanimity the proposed candidacy coin a phrase of the hon. Member for North East for EU membership of Albania, given its very serious Somerset (Jacob Rees-Mogg), it is not that important—it crime, trafficking and all the rest of it. is certainly not worth £20,000. So more work needs to be done. Keith Vaz: Anyone can apply to join the club; we do Even when that work is done, the Committee is very not mind people wanting to apply to join. The problem clear that we must have a separate vote on the EAW.We is that there are serious issues for all applicant countries are happy to have the package as a whole put before the to address, and Albania has to recognise that there is a House. I am not sure how many of these 35 measures big problem with organised gangs operating from there. can go through the House within a parliamentary day, A huge amount of work still needs to be done before but we draw a line in the sand about the EAW: Parliament Albania becomes a full member of the EU, and the hon. is concerned about it and we therefore need a vote. Gentleman is right to focus on that. Let me touch on what we must do with applicant countries—here is a Jacob Rees-Mogg: We could debate all 35, with a full mea culpa, if I am allowed to make one on behalf of the day’s debate for each one—we are not exactly overwhelmed previous Government. Those of us who were enthusiastic with business. about enlargement of the EU—I still am—should have realised that once a country has joined we tend to allow Keith Vaz: That is a good point, but luckily, I do not it just to continue on its own, without providing the have control of the parliamentary day. These are support—not financial support, but all the other support— representations we need to make, and we will see what needed to make it a full member of the EU. That is why the will of Parliament is. Let us recall some earlier we need to work with countries throughout this period. ministerial words: We always invite countries to join, but when they are in 509 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 510 Opt-outs Opt-outs [Keith Vaz] now and the later stages of consideration. We published a report, and the Government are still pursuing a view we leave them on their own, and that is a mistake. There with which we broadly agree, and I will explain why. is a lot of work to do on Albania, and I am sure the The measures include six mutual recognition measures, Albanians understand that and are going to have a lot including one on financial penalties that originated of help along the way. with the United Kingdom and Sweden. There are measures I am glad that we are opting in to the European on previous convictions, prisoner transfers, judgments criminal records information system, because it allows in absentia and European supervision orders. The the courts to make the right decision on those who Government propose to rejoin all those measures with appear before them. We need to know when dangerous one exception, which is the probation measures framework criminals are coming into our country, which is why it is decision, to which I will return. The Committee agrees good that we are opting in to that measure. I am sure that the Government were right, in the national interest the Justice Secretary welcomes the prisoner transfer and in the interest of effective cross-border co-operation, agreement, because he has worked hard to get it going. to seek to rejoin five of the measures. Two of the top three countries in respect of the 10,695 foreign prisoners we have in our prisons, who are costing The Committee of course strongly supports the UK’s us £300 million, are EU countries—Poland and Ireland. participation in the prisoner transfer framework decision Anything that helps us work with European colleagues because it is a priority to reduce the number of foreign to make sure that people go back to their country to nationals held in UK prisons. That decision is also an serve their sentences is to be welcomed. important part of the overall package for reforming the European arrest warrant. The Committee is particularly I welcome the progress that is being made. We must conscious of the problems presented by the large number have another debate in Parliament. The process of of foreign nationals in UK prisons. Those are nationals scrutiny must continue, but at the end of the day there from many countries in UK prisons, and the Government has to be a vote on these measures, as the Government must continue their efforts in relation to those countries. have promised, and specifically on the EAW. That is the With European countries, however, there is a much strong feeling of every member of the Home Affairs better prospect of achieving a prisoner’s return to their Committee, and I hope I have conveyed that to the native country because we are not dealing with countries House today. in which human rights considerations, on the face of it, would appear to prevent a return. 2.17 pm One of the five measures, the European supervision order, enables a defendant or suspect on non-custodial Sir Alan Beith (Berwick-upon-Tweed) (LD): First, pre-trial bail or other supervision to return to their Madam Deputy Speaker, may I apologise for missing home member state to await trial there under supervision, the start of the Home Secretary’s speech because of a and we support and welcome that measure. The probation meeting with a Minister which had been arranged before measures framework decision provides the basis for today’s timings were affected by the earlier statement? I mutual recognition and supervision of suspended sentences, am very glad to follow my colleague the Chair of the post-custodial licences and community sentences, and Home Affairs Committee, the right hon. Member for the Committee noted the Government’s concerns about Leicester East (Keith Vaz). We have worked together, the measure’s operation: along with the Chair of the European Scrutiny Committee, to try to improve the way Parliament is able to address “In view of the potential value of the Framework Decision we these matters. It has been a struggle, and the outcome in consider that the Government should pursue the matter in their negotiations on the opt-in list to see whether these concerns can terms of the process is still far from satisfactory, but we be dealt with. We would not wish to rule out participation in the have reached this point and we are having this debate. measure if concerns about its drafting can be overcome”. There will be a debate and a vote or votes at a later stage—we are still unclear as to what that procedure We discovered from another source that a solution to will be. This has at times been like getting blood out of a that problem is alleged to have been found. The source stone, and I do not think that is particularly in the was a press release issued by the General Affairs Council Government’s interests. I appreciate some of the problems on 24 June, from which it appears that the Government that they face, but in order to obtain parliamentary have undertaken to consider opting back in to two support they need to give Parliament the opportunities Prüm decisions and the probation measures framework to feel confident that it has been able to examine things decision at a later stage. properly. I am therefore glad that we now have the In evidence to our Committee on 9 July, the Lord Command Paper, which includes all the impact assessments. Chancellor admitted that he had been pressed by the It would have been very helpful to have had those much Commission to rejoin the probation measures framework earlier, and of course we still do not have the impact decision, arguing that it was closely linked to the prisoner assessments on those measures the Government do not transfer agreement. He repeated the objections that he propose to enter—perhaps those would have helped to had previously expressed to the Committee, particularly illuminate the Government’s reasons for the decisions that we do not have much experience of the measure’s they made. operation in other countries and the legal problems that There are no changes in the opt-ins in the Ministry of it might cause. He said that the solution reached in the Justice field; the changes are in the much larger number negotiations was that the UK would look at the matter of measures that come within the Home Office’s sphere. again in the next Parliament to see whether rejoining The Justice Committee has therefore already examined would be in the national interest. It would have been and reached conclusions on the measures, and it is preferable if the Government had volunteered information unlikely to do a great deal more on the issue between on that, either in correspondence or in a Command 511 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 512 Opt-outs Opt-outs Paper, instead of leaving it to Committees to glean Although I have my concerns about the European Union, information from Council press releases and media and particularly about the behaviour of the Commission, reports. I am not a conspiracy theorist. I do not support the More generally, the Justice Committee supports the hon. Gentleman’s often-repeated analysis that it has Government’s choice of measures to rejoin in the national been set out in a dark room somewhere in the European interest and in the interest of fighting crime. We reached Commission that this will all eventually lead to a united some agreement with the Government on minimum states of Europe controlled by a bureaucracy in Brussels standards measures that set standards already met by that is helped by the European Court of Justice and the United Kingdom. We said that many other manipulative organs of the European Union. “the arguments for opting into the…minimum standards measures The fact is that the European Commission, at its are primarily symbolic, and our view is that those arguments do heart, tends to have a competence creep mentality. In not outweigh the disadvantages of bringing wide areas of criminal many areas the Commission is making everyone do justice in the UK unnecessarily into the jurisdiction of the Court things according to its will when those things do not of Justice of the European Union.” require such direction. I am a great supporter of devolution Many traditions in our judicial systems in England, in Scotland and other parts of the UK, and I am a great Scotland and Northern Ireland are different from those supporter of subsidiarity, but not the subsidiarity set that prevail in continental practice, and it therefore out in the Lisbon treaty. It is a falsehood to say that the makes sense not to become involved in matters in the Lisbon treaty has given more power to Parliaments. European Court of Justice when doing so does not In that sense, I wonder about the Government’s approach serve the national interest. There is value in signing up to the opt-outs that we are debating. We know there is a to minimum standards measures if it has a persuasive block opt-out on all 133 measures, most of which, as effect in other countries, but the Committee’s view is has been articulately stated by my right hon. Friend the that that is outweighed by the disadvantages of creating Member for Delyn (Mr Hanson), have been superseded case law in the European Court of Justice on matters or are redundant. On a few issues, we might want to that do not need to be treated in that way. argue about the final details of whether we should have The changes to the list of 35 measures do not appear opted in to certain justice standards, but at the heart of to affect the overall balance of the package. Some of the debate is a feeling that the Government have not the changes are the consequence of measures ceasing to been willing to be open enough about that fact, which be subject to the block opt-out, and others, such as the was a point raised by the Chair of the Justice Committee, additional measures on Europol and the Schengen the right hon. Member for Berwick-upon-Tweed (Sir Alan information system, are ancillary to the Government’s Beith). The reality is that there have been no massively decision to participate in Europol and the Schengen significant changes to the competences that have been information system and may be regarded as necessary drawn back to the UK, because most of the 133 measures on the grounds of coherence and practical operability. have been superseded, are redundant or have never been It is interesting that the Government have achieved the used. Therefore, the myth being created, which is that conjuring trick of changing the list of measures while this process is about repatriating powers to the UK—one retaining the same total number. I suspect that has that has been put forward by the Government—is such something to do with internal party management within an obvious falsehood that the public are becoming the Conservative party, but the outcome for the balance more and more disillusioned and sceptical about the of the measures will continue to be supported by the Government’s position. Committee. The measures that the Government have I think that the majority of the coalition Government agreed to opt into will materially assist in the fight are pro-EU and want to see us solidly at the heart of the against serious crime and in the safeguarding of the EU and influencing it. I think that they are deeply freedom of our citizens. The Government have my committed, as I think we on the Opposition side are, to support. reforming the EU, making it more relevant and finding a way to draw back to the member states the powers 2.26 pm that they wish to apply in their own right. But that is Michael Connarty (Linlithgow and East Falkirk) (Lab): not what people are seeing in this debate. As could be imagined, tailgating the hon. Member for For example, the Justice Committee reached the Stone (Sir William Cash) on these issues in the European conclusion—on page 6 of its eighth report of the 2013-14 Scrutiny Committee on behalf of the Labour party is a Session—that in the previous debate the House was not tortuous but enlightening process. It is interesting to being asked at that stage to endorse the list of 35 measures note that the original Command Paper 8671, which was that the Government intended to opt back into, but the published in July 2013 and which we discussed on the Home Secretary used the debate again and again to Floor of the House, has been slightly amended. Most claim that the Government had the support of the people probably do not realise that what we are discussing House of Commons for what they were doing. She gave now is a similar, but not identical, list of 35 measures set the impression again and again, in writing and in the out in Command Paper 8897 on 3 July 2014, so there spoken word, that that is what we did. We started a have been some small amendments along the way. process and considered a Command Paper, but we did I recommend that interested people outside the House not conclude that it was correct or endorse it; the public not only listen to the debates, which are enlightening were given the impression that somehow we had. but repetitive, but read the relevant documents from the The position taken by the Chair of the European European Scrutiny Committee, the Justice Committee Scrutiny Committee is supported by its members—certainly and the Home Affairs Committee. Those documents the 13 who were there, including myself. We think give a flavour of the minutiae about which the European that the House should debate and vote on each of the Scrutiny Committee in general differs from the Government. 35 measures—I saw you flinch, Madam Deputy Speaker, 513 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 514 Opt-outs Opt-outs [Michael Connarty] be done like that. If it is done like that, it will undermine the Government’s credibility. The Opposition would when that was suggested. They might be all in the same then be in a difficult situation, because we would have order and, as the Chair of the Home Affairs Committee to either support the motion, if it was all that was pointed out, there are key issues, so it might be possible available, table a counter-motion of some kind in order to group them in such a way that Members can express to divide up the 35 items, or use some other process in their opinions by voting on groups. order to respond to what the British public, Parliament However, I certainly agree that we should have some and the three Committees want, which is a debate on kind of debate—it is a pity that it is being done in this the fundamental issues in the package so that we context—about the European arrest warrant, because I can vote on them individually and say, as I hope we think that it is the right kind of measure. We would not will, “Yes, we are behind this move to sign up to the want to replace it with a country-by-country arrangement 35 items.” based on applications to bring people back individually. Some of us might like to see some other things opted I will give an example. I hope that my friend—and I do into, with a little bit of finessing by the Government so regard him as a friend—the hon. Member for North that we keep progressing along the path that I think we East Somerset (Jacob Rees-Mogg) is listening. After the are on with justice and home affairs. My worry is not 7 July bombings, the fact that we could return one of about justice and home affairs and a corpus juris for the bombers to this country within three weeks was Europe; my worry is with the economics of the European a massive example of why such an arrangement is Union that are destroying the economies of the subservient fundamentally sound. However, it might have to be countries that have come into it and are under the fiscal modified in some ways to stop the nonsense of having compact and the eurozone’s stability and growth pact. applications for cases of wheelbarrow theft or £200 loans That, to me, is what is damaging the project for Europe, with the wrong details and all sorts of trivia. not justice and home affairs. I am not worried about the I want to expand on a case from my constituency. It fact—this was put to me in a private conversation with concerns a family with a custody order over a child. The another hon. Member—that the Queen has to register father, who is Polish, abducted the child and took it to and prove that she is a real British citizen so that her Poland, so the grandfather and a friend went to Poland, bank account can be used across Europe. What worries took the child and brought it back to Scotland. The me is that we are damaging other people in Europe for father then claimed that he had been assaulted during the power of the economic giants, including us—we are that process. A European arrest warrant was sought a much-diminished giant, but we are still benefiting and the case was taken to a Scottish court, but it ruled from it. I want the debate to take place in such a way that the warrant was not valid because the witness was that people can say afterwards that there is a united clear that no assault had taken place and that what they feeling in this House that the European Union is a good had done was to apply the court’s ruling that the mother, thing. who is Scottish, had the right to custody of the child I will also put down a marker for those on my Front and that the father had abducted the child. That seemed Bench. I want to see us sign up to a referendum on the to be the end of the matter, and it sounded sensible to European Union and to go out with like-minded people me. However, something went wrong with the process. across the House and win a yes vote to remain in the Only last year the grandfather, who is now not in good European Union and build Europe for the benefit of health, and his wife decided to take a holiday in the British citizens. Netherlands. When he stepped off the plane in Amsterdam, he was arrested and sent to Poland. He had a heart 2.37 pm attack there and ended up in hospital. When the court in Poland eventually looked at the case, it concluded Sir Richard Shepherd (Aldridge-Brownhills) (Con): I that there was no case to answer and that the European have been in this House for seven Parliaments. Each has arrest warrant was not valid, so he was released. Now seemed to have a different character, but there has been his health is even worse. one consistent thread across all that time: the integration within European processes. That has had support on Why is there no process—I have asked the Home high days, on holidays and in opposition. I see it as a Secretary this—whereby all the agencies that sign up to fundamental task of the House of Commons to challenge the European arrest warrant can be informed when a perceived wisdoms and reflect the responsibilities and court rules against an attempt to use it in the country in interests of those we are elected to represent. which it is attempted to be served? Why is there no I have also seen the continuing theme of membership transmission of that information? The grandfather could of the European Union over all that time. It has never have gone on holiday anyway in the EU and he would quite been a settled issue. For all the trumpets and probably have been arrested and sent to Poland, and for bands, all the songs and the universal praise, there is a a European arrest warrant that a court had already deep underlying tug. It is really about a sense of country. ruled was invalid. It makes no sense to me that these Who are we? It has always been about that. That, after things still stand. Apart from the trivia, it is the mechanism all, is the first duty of a sovereign state, I would argue: of how they are applied that worries me. to protect the interests, freedoms and liberties that The basic fact of this debate is that the European we have enjoyed under our form of constitutional Scrutiny Committee, the Home Affairs Committee and arrangements. What we are really seeing is a struggle the Justice Committee felt that the Government were over the British constitution. Oh, but does it not evolve not giving enough information and that they were not over time? Yet,looking back, there has been one constant willing to accept that it is not enough to bring back one theme, which is that people profoundly believed in blockbuster motion stating, “We’ve had a negotiation many of the central precepts of what constitutes a and signed up to 35 items. Take it or leave it.” It cannot sovereign state. I am driven in my memory by certain 515 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 516 Opt-outs Opt-outs observations, too. The German constitutional court I half expected to hear mention of the Staffordshire made the observation that democracy lies not in the case in Genoa in which a man, under these extradition institutions of the community, the European Union, endeavours, was found guilty of murder, although he but in the national state, and yet everything that this had never been there or even near there. No, the integrity House seems to do in recent years is to surrender and of a nation is founded on its institutions and also the denigrate that nation state—the very concept by which law. In this country, I maintain that we have a pretty we have authority in this House. high degree of acceptance of the process of law and What is the criticism of the European arrest warrant? judgment and the way in which it is made. What we are It is that it is promoted on the basis of a benefit, but to now confronted with is the triviality of a central bureaucracy many people it is actually a degradation of the security that sets out to be a great state, which I know the hon. of the British people. The fact that they can be taken Member for Linlithgow and East Falkirk (Michael away from within this jurisdiction by almost a mandate, Connarty) for honourable reasons passionately believes which will, in time, be governed by the European Court in, but who in the end will protect us? That can only be of Justice is a loss of the authority of our own legal and the people of our own country and our own institutions. justice system. I find no comfort in this succession of cases, which The House is well aware that, in recent months, a have been listed by the Chair of the Home Affairs series of High Court and Supreme Court judges have Committee, and which the hon. Member for Linlithgow been writing essays, making a plea about the way in and East Falkirk also knows well enough about. We which the discretion and the interpretation of human have all had constituents who have expressed a concern rights is conducted. The most central purpose of a that the British Government—Parliament—seem to have Government is law and order and the effectiveness with no effectiveness in the world. I do not blame anyone for which they protect the citizen, and no one can dispute that. It is a crisis in our nation that we have to question that our Home Secretary is fierce in her determination who really governs us. I maintain that it is us who to protect the British citizen. But, actually, the greatest should govern us, and by that I mean our own Union. protection of a citizen and a coherent society, which is I was deeply distressed when I heard the words of the what we call the sovereign state, lies within the commitment Home Secretary, who fiercely defends us, in impossible of the people to their institutions and their way of cases, against treaty after treaty into which British self-government, and that is what this measure undermines. Governments have entered. I even consider the United States treaty on extradition to be grotesquely misjudged. Michael Connarty: I am concerned about the nationalist Of course the wonderful thing is that there will always tone of the hon. Gentleman’s contribution. Under his be a judge who will find good merit in whatever the logic, Scotland should vote yes to independence in British Government are proposing. I will take issue, September, and I am totally opposed to breaking up the because my right hon. Friend the Home Secretary, who United Kingdom, which I happen to think respects is undoubtedly a doughty, valiant and fierce fighter, has Scottish subsidiarity. achieved very little in the face of these international organisations that we have so joyously, easily and with Sir Richard Shepherd: I will not trade remarks on this great hallelujahs joined, and yet those organisations all matter. I was also born in Scotland, and I am deprived sting us, because in the end they have taken away from of a vote on something that affects my cousins and my the very sovereignty of our people. When we talk about relatives. This has been a Union for 300 years, and we the sovereignty of Parliament, we mean the people, and have been united by the sentiments of those people. Not ultimately all of our fates are decided by them. In our so very long ago—70 years—the Scots, the English, the grotesque shifting away from the authority of the people, Welsh and those from Northern Ireland stood together we lose them, and that is why there is such a great against the greatest danger of our time: the monolithic disconnect. power of Germany. I see this not as nationalistic but as I am glad to see that my hon. Friend the Member for a reflection and a pride in who we are, what we are, what Esher and Walton (Mr Raab) is in his place. He has this nation has accomplished and our ability to govern catalogued many of these cases and understands their ourselves. The Scots will make their own decision; I am interconnectivity with what has happened. This is a not involved in that because I do not have a residence in bound Parliament now. It is bound not by the people Scotland. Anyone passing through who might temporarily but by our own passing views of the great affairs of the have a residence there can have a vote. No, no that is not world. I fear that we have lost our nerve in some way. I democratic, and it is not the spirit of the Union. The watched a celebration of the end of war in Europe 70 Union has fought together, worked together and made years ago, and I saw elderly people, who had lost friends something together, and that is the Union I am concerned and colleagues, showing such pride that even alone about, not the European Union. When we come to deal Britain could stand for something; and we do stand for with these matters, we will find that we have surrendered something. It does not need the buying of votes or the our very sense of “these are our people.” passing over of great sums of money. I listened with As a member of the Joint Committee on Human alarm that Albania will be “brought up”. This is a Rights, we looked at these extradition orders. The Home union that has been founded on the transfer of payments. Affairs Committee and the Justice Committee have Now, I believe, and my dad taught me, that we earn our looked at these matters, too. No one has made any own living. That is the truth that this country seems to mention of this, but one of the best things in the process be waving away. We pass over money in vast sums. I were the groups that have spoken and given testimony wonder why we are giving £9 billion net a year to fund to those Committees. The Chairman of the Home European integration. We watched Ireland—I feel Affairs Committee talked about those who are genuinely tremendously for Ireland—which had a near transfer of concerned about the way in which all of this has happened. 5% of GDP to support the move to the future. It did 517 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 518 Opt-outs Opt-outs [Sir Richard Shepherd] Lords in 2012 on behalf of the Association of Chief Police Officers. ACPO consulted chief constables and that on its own, and the way it has come through the police authorities around the country. It was seeking to crisis has been an amazing feat of self-discipline and give advice to the House of Lords on which parts of the obedience to European precepts. opt-out should be opted back into, and it recommended So we come to the substance of the debate. We are above all else that the European arrest warrant be opted giving over to others the ultimate rule on the protection back into under the same arrangements as were then in of our own citizens. This will come under the jurisdiction place. of the European Court of Justice, which most people would agree is an integrationist court, governed by the Mr Jenkin: When did this House decide to abdicate central proposition of ever-closer union. I think of the to ACPO on matters of civil liberty or constitutional glory of Europe historically—the nation states of Europe, importance? the cultures, the universities, the interconnectivity, but not the throttling blanket that the European Union now Sir Tony Baldry: I should have thought that, on a represents to many of us. matter of law and order, even my hon. Friend would Many people knock us and say, “But wasn’t there think it might just be sensible to take the advice of something we could have done?” We had a constitution police forces up and down the country. Whatever we do that never doubted who was in charge—the people. We in the House ought to be evidence-based, and I should have transferred that role to international friction-making have thought the evidence from police authorities and devices such as the European Union. We should be seen police forces around the country might be rather cogent by our people as defending the interests of the people. I and sensible evidence in these circumstances. have always been cautious about a declaration from the The ACPO assessment confirmed that the European Front Bench—any Front Bench—that says, “We act in arrest warrant is the most important of all the measures the national interest.” The national interest is what this in the area of justice and home affairs. Most of the House decides, and ultimately what the people decide. police forces and chief officers—I am sure that if my hon. Friend, for example, were to ask the chief constable The whole course of the European project has been of Essex and the Essex police force, they would make to avoid any engagement with the people over what is a this point to him as well—believe that opting out of the non-democratic and largely unsuccessful Union, other European arrest warrant and relying on alternative than for the transfer of vast sums of money. We have to arrangements would result in fewer extraditions, longer do something about that, and these opt-ins, opt-outs, delays, higher costs, more offenders evading justice, and see-all-round-abouts amount, in the end, to what the increased risks to public safety. They went on to say that Government disguise and pretend is not really happening, the European arrest warrant as if it were a grand scheme. I have lost all confidence in understanding what central Government or the Foreign “has been in operation for eight years and has now become a mainstream tool...In2010/11 the UK received 5,382 EAW Office do these days, other than remaining quiet. requests and made 221 EAW requests to other EU states. The UK surrendered 1,149 individuals (approximately 7% of which were 2.52 pm UK nationals, the other 93% being fugitives to the UK).The UK had 93 people surrendered to it.” Sir Tony Baldry (Banbury) (Con): It is always a ACPO observed: pleasure to follow a brother knight. I take this opportunity “These trends in extradition reflect the increasing international to echo the comments of the right hon. Member for patterns of crime and offending. Open borders across Europe, Leicester East (Keith Vaz) in congratulating my hon. free movement of EU citizens, low cost air travel, cheap Friend the Member for Stone (Sir William Cash) on telecommunications, the internet and the expansion of criminal becoming a brother knight. The whole House should networks across national boundaries are all contributory factors congratulate you, Madam Deputy Speaker, on having to the growth in extradition requests. These are irreversible changes become a Dame Commander of the Most Excellent which need to be matched by increasing flexibility on the part of Order of the British Empire, an order of chivalry European law enforcement and criminal justice agencies.” considerably more senior than that of we mere Knights ACPO went on to say: Bachelor. I can think of no better way of spending my “Further evidence of these changes is to be found in data birthday than in group therapy with brother knights, concerning arrests. Recent data gathered by the MPS”— my hon. Friends the Members for Stone, for Gainsborough the Metropolitan police service— (Sir Edward Leigh), for Aldridge-Brownhills (Sir Richard “in the first quarter of 2012 showed that of 61,939 people Shepherd), for Aldershot (Sir Gerald Howarth) and for arrested in London, 8,089 were nationals from EU countries Berwick-upon-Tweed (Sir Alan Beith), so it has been a (13%) and 9,358 were foreign nationals from outside the EU good debate. (15%). The presence of fugitives from justice fleeing to the UK is The issue before us is what is in the national interest, a significant public safety issue. In 2011/12 the MPS received 50 EAWs for homicide, 20 for rape, and 90 for robbery. Each of these what is in the interests of our constituents, and what cases represents a person who is wanted for a serious crime who will make us safe. In that regard I thought it might be fled to the UK. There is strong evidence to show that foreign helpful to ask Thames Valley police what they thought criminals who come to UK continue to offend when in the UK. about the European arrest warrant. I have rather a high There is a real risk that opting out of the EAW and relying on less respect for Thames Valley police. I have lived in the effective extradition arrangements could have the effect of turning Thames valley pretty much all my life and those of us the UK into a ‘safe haven’ for Europe’s criminals.” who are Members of Parliament for constituencies in the Thames valley are rather proud of Thames Valley Mr Dominic Raab (Esher and Walton) (Con): I am police. They directed me to evidence on the European listening intently to what my right hon. Friend is saying. arrest warrant that was submitted to the House of We should listen to ACPO, but I do not think that in its 519 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 520 Opt-outs Opt-outs evidence to the House of Lords Committee ACPO arrest on behalf of the USA under legal conditions made the argument that he is making in his speech. In largely identical to the 1957 treaty, he was finally extradited respect of fugitives coming to the UK, there is no to the USA to face terrorism charges there. Do we really reason, in or out of the European arrest warrant, why want to see repeated Abu Hamza-type situations in our we cannot just deport them. Deportation powers would extradition processes? These are not isolated examples provide a much quicker route even than extradition of where the European arrest warrant has been of under the European arrest warrant. The wider question benefit. Numerous other examples could be cited. is whether we could get people back. That is an important The European arrest warrant is cost-efficient. If we point, but ACPO’s evidence focused on the latter, not relied on a 1957-type mechanism we would commit the former. ourselves to footing the legal bill for extradition processes that went on for years and cost the public purse hundreds Sir Tony Baldry: I am quoting verbatim from ACPO’s of thousands of pounds. The public and the judiciary evidence given to the House of Lords. I will share it are frustrated that the extradition of terrorists is often with my hon. Friend afterwards, but it is verbatim, so I delayed for years. The return to the 1957 process could am afraid that he has misdirected himself or misremembered make this long, drawn-out process the norm. That the evidence that ACPO submitted. I am pretty old and might not have been such a problem 20 or 30 years ago gnarled but I can remember from when I practised at when criminals rarely crossed borders, but nowadays the Bar as a prosecutor that it was a nightmare to return that is routine. foreign offenders overseas using bilateral agreements—it ACPO concluded in its evidence to the House of could sometimes take years with multiple applications. I Lords and Parliament: recall application after application at Horseferry road “The view therefore of ACPO is simple. The EAW works very magistrates court as we ploughed through various effectively and increases the safety of the UK public. It is for this procedural points to get people deported. reason that ACPO strongly supports the EAW.” I go on to quote verbatim, so there is no possibility of I hope that before we next debate and vote on this issue misunderstanding for my hon. Friend the Member for in the House, chief constables and police authorities Esher and Walton (Mr Raab), from ACPO’s evidence to will write to every right hon. and hon. Member making the House of Lords. It says that the European arrest clear the position of local police forces and drawing warrant is Members’ attention to the benefits that the European “an efficient system, built upon mutual recognition of criminal arrest warrant has had in their own areas. justice systems between member states and an obligation to I fully appreciate that Members of this House oppose comply with a properly constructed warrant. Barriers which anything that has the word “Europe” in it. I genuinely previously existed have been removed. The nationality of the person sought can no longer be a barrier to affecting an extradition love my hon. Friend the Member for Aldridge-Brownhills, request. Under the previous arrangements many European states, but I have heard that speech now about 50 times during such as Germany, France and Poland, did not allow their nationals the 30 years for which I have been a Member of this to be extradited to stand trial and required them to be tried in House. The fact that one is opposed to the European their home state…Prior to the introduction of the EAW,extradition Union is not sufficient to jeopardise the safety of our between European states where it did occur could, and often constituents or our national interest. The Home Secretary, would, take many months in uncontested cases and many years in by opting back into a number of these measures, particularly contested cases.” the European arrest warrant, is, in my view and judgment, I can testify to that, having been involved in some of doing something sensible, proportionate, in the national those cases. The evidence continues: interest and, most importantly of all, in the interests of “EAW data from the Commission to the European Parliament my constituents. show that across the EU it takes an average of 17 days to surrender a wanted person”. 3.5 pm Thames Valley police gave me just two very recent Mr Bernard Jenkin (Harwich and North Essex) (Con): examples in which the European arrest warrant had I am grateful to have the opportunity to follow my right made my constituents safer. Under a recent European hon. Friend the Member for Banbury (Sir Tony Baldry). arrest warrant, they arrested a Polish individual wanted The burden of his case appears to be that the efficacy of for armed robbery and burglary in Poland, clearly any extradition arrangements should override any other safeguarding the local community as the Thames Valley balanced argument about what might be affected by police had no intelligence that there were individuals them. He demonstrates how easy it is to be seduced by residing in our area who had been assessed as high risk. expediency, convenience, efficiency and pressure from The warrant was received, processed and executed within the police, who have only one objective, and that is not 24 hours, removing a potential offender and providing to create more of the stronger human rights or protections reassurance to the community. Another individual wanted for citizens that they feel obstruct their task of creating for taking part in the murder of two youths in Milton law and order. That is why this House does not abdicate Keynes was also arrested in Holland under a European decisions on matters of constitutional importance or arrest warrant. He The European crime unit extradited human rights to ACPO. him to the UK, where he now awaits trial, and two The Abu Hamza case took so long because we had other suspects were sentenced in an earlier trial to more lost control of our law and because we no longer than 30 years’ imprisonment. control the human rights jurisprudence in our courts. It is said by some, including my hon. Friend the The lesson of that case is precisely the opposite of what Member for Esher and Walton, that we should rely on my right hon. Friend suggests. We should take control deportation and other extradition proceedings, but we of our own laws by enacting laws from this place rather need only contrast the speed of those cases with what than abdicating authority to other places, least of all to happened with Abu Hamza. Fourteen years after his foreign powers. 521 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 522 Opt-outs Opt-outs [Mr Bernard Jenkin] a warrant, whatever UK legislation is place, with the new provisions themselves vulnerable to being overridden I was struck in this debate by how my right hon. by the European Court of Justice. Friend wanted to caricature the objections to the provisions, The idea that any extradition arrangement we enter saying that anybody who is obsessed with the issue of into with other EU states would necessarily be subject Europe will stand up and object to anything. I am a to the jurisdiction of the European Court of Justice is, trustee of the Parliament choir and last night we sang in itself, an admission of how overreaching the European alongside our German counterparts, the Bundestag choir, treaties have become. There are still parts of our law in Westminster Hall. I stood shoulder to shoulder with that are immune from the reach of the European Court a fellow bass from Germany and that is the kind of of Justice. It should be possible to reach an agreement unity, brotherhood and friendship with our European with the European Union that the European Court of partners that we want to demonstrate. It should be Justice will not arbitrate in disputes between the United possible to discuss the practical arrangements we have Kingdom courts and the European courts in such matters. with each other without being impugned as some kind The fact that there is an assumption that the European of right-wing xenophobe, but I am afraid that my right Court of Justice will preside over any dispute between hon. Friend fell into that trap. the United Kingdom and the EU on any matter Another striking point about this debate is that although demonstrates how overarching the reach of the Court the Chairman of the Home Affairs Committee, the under these treaties already is. That goes to the heart of right hon. Member for Leicester East (Keith Vaz), the what we are tangentially discussing, which is the future former Chairman of the European Scrutiny Committee, of the UK’s relationship with our European partners. the hon. Member for Linlithgow and East Falkirk (Michael Connarty), and the Chairman of the Justice Sir William Cash: I agree with everything my hon. Committee, the right hon. Member for Berwick-upon- Friend is saying. In the United Kingdom, as compared Tweed (Sir Alan Beith), each expressed support in principle, with all the other 27 member states, we are in a unique they were a great deal more chary about the consequences position. Our European Communities Act is a voluntary and effects of signing up to these arrangements than Act. We do not have a written constitution. We are able either of the Front-Bench speakers. to make the changes that are necessary to regain our I take on board what my right hon. Friend the Home sovereignty. When the Prime Minister says that our Secretary said about the additional protections that she national Parliaments are the root of our democracy, he thinks she has obtained for the exercise of the European knows, and so do the Government, that we still retain arrest warrant, whereby we now have domestic legislation the right to be able to make the changes in order to in place to deal with matters of disproportionality and extract ourselves from situations that we regard as not dual criminality. That goes to the heart of the wider being in our national interest. context of this debate as to whether we really control the terms of engagement that we are entering into with Mr Jenkin: I agree with the Prime Minister and with this instrument and whether this House has any control my hon. Friend on that point. over the terms of engagement that our law has with our membership of the European Community. The Prime Minister recently told the “Today”programme that he wants to pursue a relationship with our European This debate exposes the dislocation between the words partners based on “trade and co-operation” and on of our political leaders and their actions. What we are being “an independent nation state”. I have to say that I discussing today feeds the discontent and disillusion cannot find any strand of consistency between the that people feel about our politics and politicians and measures in this Command Paper and the aspirations about the UK’s relationship with our EU partners. We expressed by my right hon. Friend the Prime Minister. have seen across the House the same old cosy consensus between those on both Front Benches that encouraged May I remind my right hon. Friend the Home Secretary, UKIP to such new heights in the recent European who is not in her place at the moment, of what we said elections. in the House about the European arrest warrant when we were in opposition? My right hon. Friend the Justice The very title of the debate, which says that it is a Secretary, as shadow Home Secretary, said in 2009 that general debate on the UK’s justice and home affairs it “undermined civil liberties”. My right hon. and learned opt-outs, is misleading. The UK has already exercised Friend the Attorney-General, as shadow Justice Secretary, our opt-outs from the justice and home affairs provisions said in 2008 that under the Lisbon treaty. This debate is about whether “once such things are subject to the European Court of Justice the Government should opt back in to 35 of these and the Commission…the Government will lose all control over measures. Unlike what was agreed—it pains me to say standing up for United Kingdom interests in these areas”.—[Official this—about these provisions at Lisbon by the previous Report, 29 January 2008; Vol. 471, c. 176.] Government, my right hon. Friend the Home Secretary is proposing a major and permanent transfer of power He also pointed out that the European arrest warrant from the UK to the EU: a transfer of more sovereignty “is very different from…an international treaty obligation that which, nevertheless, escapes a referendum under the the United Kingdom could decide not to follow if it infringed the European Union Act. This is yet another example of human rights of those affected. We will be surrendering the final politicians seeking to provide reassurance to voters say about that entirely to a supranational body.”—[Official Report, without actually meaning it. The transfer includes a 29 January 2008; Vol. 471, c. 175.] permanent commitment to the notorious European The Foreign Secretary, as shadow Foreign Secretary, arrest warrant, which is intended to remove the recourse chided the previous Government for not keeping their of a citizen of the UK to the courts in the event of such promises on the EU when he said: 523 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 524 Opt-outs Opt-outs “Time and again they have made promises that they would not alternative policy of negotiating a permanent bilateral hand over powers to Europe, particularly on justice and home agreement on these matters, like the 170 or so sovereign affairs, and time and again they have done exactly that, not least states that are not members of the EU. through the treaty.”—[Official Report, 4 March 2008; Vol. 472, c. 1684.] If my right hon. Friend the Home Secretary had been minded to ask for credible submissions to support such My right hon. Friend now has to eat those words. a policy and then to act on them, it is not only the status The Conservative party manifesto of 2010 promised quo in her Department, the Foreign Office and elsewhere “three specific guarantees—on the Charter of fundamental rights, that she would have had to fight. She would certainly on criminal justice, and on social and employment legislation—with have had the support of the Conservatives in that—if our European partners to return powers that we believe should we were a majority Government, I doubt she would reside with the UK, not the EU.” have had the support to act in the way she is acting Why have we abandoned that? It was based on a speech now—but in this coalition, the quad would have vetoed the Prime Minister made when in opposition, in which that policy. It is, therefore, hardly surprising, four years he promised to negotiate the three guarantees, one of since her appointment, that little work has been done which was on any alternative policy. “limiting the European Court of Justice’s jurisdiction over criminal law to its pre-Lisbon level, and ensuring that only British authorities Sir Gerald Howarth: I think it is terribly important can initiate criminal investigations in Britain.” that we explain to the public what the quad is about, because it is Westminster-speak and I do not think the Why have we abandoned that? public understand that no policy is pursued by civil Much more recently, the Prime Minister wrote in The servants unless four individuals—the Prime Minister, Sunday Telegraph on 16 March 2014 that one of the key the Chancellor of the Exchequer, the Deputy Prime changes he would seek in a renegotiation with the EU Minister and the Chief Secretary to the Treasury—sign was: off on them. Unless they do so, civil servants will not “Our police forces and justice systems able to protect British deal with those policies. That is what has stuffed us on citizens, unencumbered by unnecessary interference from the the Conservative Benches. European institutions”. Why have we abandoned that already? What did he Mr Jenkin: I am not suggesting for a moment that my intend to convey to voters in advance of the European right hon. Friend the Home Secretary is not sincere in elections? Surely not that he intended to do exactly the her belief. All I am saying is that the incentives against opposite a few weeks after the close of poll. obtaining alternative advice are massive. If someone goes against the grain of the coalition, they are likely to This year’s Conservative European election leaflet be stopped at the end of the process anyway, so what is stated: the point? And so we finish up in this position. “We stand for a new relationship with the EU, bringing power back to Britain and away from Brussels”, That episode highlights how impossible it is to put any political will behind the Prime Minister’s stated aim by, among other things, of a renegotiated relationship with the EU as long as we “taking back control of justice and home affairs”. remain in a coalition with the Liberal Democrats, who take a fundamentally opposite view to ours. If the UK intends to bring powers back in our renegotiation after the next election, it is a strange way for the Prime Minister to begin setting out his stall by giving up the Sir Edward Leigh: I normally agree with everything very powers he said he would not give up. that my hon. Friend the Member for Aldershot (Sir Gerald Howarth) says, but I wonder whether this quad That raises the question about the pressure on Ministers thing is a bit of a myth. It is a convenient myth that the to continue supporting the process of EU integration Prime Minister, the Foreign Secretary and the Home because of coalition politics. My right hon. Friend the Secretary find useful in explaining why they cannot Home Secretary’s blank denial that there could be any pursue Conservative policies, but surely the Prime Minister alternative to the European arrest warrant underlines or the Foreign Secretary can instruct their civil servants. that she may well have fallen prey to such pressures. I cannot believe it—I may be wrong; my hon. Friend the Notwithstanding the fact that the main party in power Member for Harwich and North Essex (Mr Jenkin) is has a different policy and was elected having opposed the Chair of the Public Administration Committee—but Nice, Amsterdam and Lisbon, Whitehall appears to be it is an extraordinary way to run a country. continuing to implement those treaties according to a policy of business as usual. More powers are being Mr Jenkin: It has been made clear throughout the transferred from the UK to the EU, with EU legislation civil service that there can be no policy except Government encroaching ever more on our justice system, as though policy, and Government policy is filtered through the there had been no change of Government. coalition arrangements, over which there is a mutual I do not doubt that my right hon. Friend the Home veto in that unless there is agreement, there is no policy. Secretary is acting on advice and with complete integrity, If the Home Secretary had started out on the premise of but it may help if I, as Chairman of the Public an alternative policy—of multilateralism or of a simple Administration Committee, remind the House how advice bilateral arrangement on such matters—she would have to Ministers works in a coalition. The civil service is been up against not only the vested interests in the EU, enjoined to serve the Government as a whole, not with their determination to block this kind of thing and individual party agendas or the different agendas of the residual resistance of the status quo, but the added individual Ministers. It comes as no surprise, therefore, pressure against attempting to do such a thing that that no serious consideration has been given to any exists in the way the civil service operates under the 525 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 526 Opt-outs Opt-outs [Mr Jenkin] we obtain will be nugatory in their effect unless we also obtain recognition of the main principle at stake—namely, coalition. I am afraid that that is just a fact. On some that of the supremacy of the United Kingdom Parliament. occasions, Ministers have asked for papers or legislation In the UK, all EU laws and treaties rest upon the UK to be prepared on their behalf, and there has been a Parliament, which voluntarily agreed to the 1972 Act. blanket refusal because it is not Government policy if it This took place in the context of the unambiguous has not been approved by the coalition; that is a fact. assurance that national sovereignty would be maintained The episode demonstrates that another year of coalition after we joined. That was set out in the 1971 White is another year of paralysis and inertia on EU policy, Paper. Many subsequent treaties, and measures such as because the machinery of government is hostage to the these, have been adopted by Act of Parliament, but the coalition. That is another reason why we should either fundamental and ultimate role of the UK Parliament end the coalition in the run-up to the election or, has never been vitiated. Had the UK adopted the EU indeed, call an earlier general election. I believe that we constitution, that might have changed, but for now at will rue the day that we voted—I did not, but the House least, the European Communities Act 1972 remains the did—for fixed-term Parliaments. foundation Act, and every EU law in the UK is subject The present paralysis also makes nonsense of the to the constitutional principle of voluntary acceptance Government’s current policy on the EU. I admire the by the UK Parliament. stand made by the Prime Minister over Mr Juncker, but Those final conclusions of the European Council, it just shows that although the Prime Minister may get along with so many other statements from other EU permission within the coalition to make what amount leaders and from European institutions such as the to grand gestures, he cannot get permission for any Commissioner and the European Parliament, do not policy of substance that purports to advance the objectives accept our view. They speak and act as though the he has so ably set out. European Parliament is paramount, and attribute only The decision on the justice and home affairs opt-ins a subsidiary role to national Parliaments, including our should be seen in that very serious context, because own. This reflects the political reality, which we there are very serious implications. The way in which Conservatives spelled out at the time, that the Lisbon my right hon. Friend the Prime Minister’s challenge to treaty is the EU constitution in all but name. This Mr Juncker was dismissed at the Ypres summit indicates justice and home affairs decision demonstrates that the that the EU will resist any fundamental reform. That Government are doing nothing of practical value to could not be clearer from the events at the summit. We challenge that. The lack of any specific constitutional saw not only how the ambiguity in the treaties will provision in the Lisbon treaty to make it autochthonous— continue to be exploited by those who want to carry that is, dependent on its own provisions for its authority, on the process of centralisation, but how the UK’s like a constitution—does not prevent the majority of attempt to boost the role of national Parliaments—the EU states or the EU institutions from behaving in that fourth principle from the Bloomberg speech—was all way. but eliminated from the final conclusions, as was This question of constitutional supremacy has now pointed out by my hon. Friend the Member for Stone reached a critical point. The point in the final Ypres (Sir William Cash). conclusions about the need for “strong and credible” There should be no need in this House to reiterate the EU institutions but no more than importance of our national Parliament to our democracy, “closer involvement of national parliaments”, or to point out that under the UK’s constitution Parliament underlines the fact that the EU is set against anything is, and must remain, supreme. However, the Ypres summit that seeks to reassert the supremacy of the UK Parliament and its decisions underline how EU treaties and institutions in the European Union. It is beyond any doubt that deny such an essential element of the UK’s constitutional such a proposal would even be considered, because it autonomy under the present terms of membership. would take only one other member state to veto any Since Maastricht, we have seen that opt-outs, subsidiarity such proposal. and talk of different degrees or speeds of EU integration In these circumstances, it would be impossible for any make no difference to the direction of the EU. Consequently, leader of the Conservative party to campaign to vote to the legal protections concerning disproportionality and stay in the European Union, either in a referendum or dual criminality are potentially meaningless. at the next general election, without making it clear that Incidentally, the removal of the words “ever closer he had a clear bottom line in the renegotiations that our union” from the preamble of the EU treaties would new relationship with the EU must be based on the make no change at all to how the European Commission, supremacy of our national Parliament, at least, and Court and Parliament behave. It would not remove a that otherwise, we would have to leave the treaties and single treaty base of a single EU legal instrument or seek that new relationship from outside. court ruling, and I emphasise that it would not prevent the European Court of Justice from setting aside any Several hon. Members rose— domestic protection that we may enact in respect of the European arrest warrant. That is because the EU treaties Madam Deputy Speaker (Dame Dawn Primarolo): are not consistent with the UK’s constitutional position, Order. Bearing in mind the speech that we have just or with the Prime Minister’s stated desire for the UK to heard, I think I need to clarify that, although praying in be an independent nation state. aid supporting arguments is acceptable, the main purpose The practical importance of addressing the issues set of today’s debate is to discuss opting back in. The hon. out by the Prime Minister—they include immigration, Member for Harwich and North Essex (Mr Jenkin) freedom of movement, the single market and energy should perhaps have added at the end of his speech, prices—is self-evident. However, any concessions that “For all those reasons, I do not support opting back 527 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 528 Opt-outs Opt-outs in.” This is not a general debate on the European the people we represent if we did not spell out to them Union, and I hope that the remaining Members will the very real risks that lay before them if we continue to bear that in mind. Given that the hon. Gentleman provide the European Court of Justice with further looked so closely at the title of the debate, to which he powers. By doing so, we undermine not only our position referred at the beginning of his speech, I hope that he in this Parliament, but the interests of our constituents; will in future pay a little more attention to a debate’s for they will have no one to whom they can turn if the title when preparing the content of his speeches. European Court of Justice continues to exercise these responsibilities. 3.28 pm My second concern is about the political message that will be sent out by the Government’s decision to Sir Gerald Howarth (Aldershot) (Con): I am delighted opt back into 35 of the measures. As we approach the to follow my hon. Friend the Member for Harwich and next general election, Europe is assuming greater and North Essex (Mr Jenkin) and, indeed, my right hon. greater significance. Those of us who have banged on Friend the Member for Banbury (Sir Tony Baldry)—a about Europe, to use a popular expression, have done brother knight who had the responsibility of looking so because European matters pervade our national life after my old school at Bloxham. I have always had great at every level. The biggest concern that the public have affection for my right hon. Friend the Member for today is immigration. Why is that? It is because the issue Banbury, even though he has been somewhat unsound of immigration is overwhelmingly about our ability to on European matters. No doubt he will be awarded control our own borders. some further grand honour by the Association of Chief Police Officers; I can see him as the guest of honour at a I am sure that I am not alone in finding on the grand function, funded no doubt by G4S as there is no doorstep that our constituents do not believe the Prime public money for such things. Minister when he says that he will hold a referendum if we are returned as a majority Government at the next I agree overwhelmingly with my hon. Friend the general election. That is the case, notwithstanding his Member for Harwich and North Essex, particularly on efforts in vetoing the fiscal treaty, cutting the EU budget, the sovereignty of this Parliament. Whereas it is entirely supporting the European Union (Referendum) Bill and, right that we should take into account the evidence of most recently, tackling the issue of the presidency of the those who are operating at the coal face, such as members European Commission. He has demonstrated his of ACPO, it is our duty here in this Parliament to look commitment to trying to resolve those matters and at the wider issues and the wider consequences. addressing the real concerns of the British people, but I suppose that I take as my text the joint report of the because he suggested before the last election that we European Scrutiny, Home Affairs and Justice Committees would have a referendum if we assumed power, that has of 26 March, which states in paragraph 1: been constantly brought up as though he has failed to “Whether EU measures covered by the so-called ‘2014 block deliver on a promise. That referendum was conditional opt-out decision’ continue to apply to the United Kingdom and on the Lisbon treaty not having come into force by become subject to the jurisdiction of the Court of Justice from 1 2010, but it did come into force and therefore there was December 2014 is a profoundly significant issue.” no point in holding a referendum. That is absolutely right and I pay tribute to the Chairmen As we talk about further negotiations with our European and members of those three Committees for their detailed partners on reorganising Britain’s relationship with the and measured response on this important matter. I also EU, I agree with my hon. Friend the Member for pay tribute to my right hon. Friends the Home Secretary Harwich and North Essex: this sends a completely and the Justice Secretary, on whose shoulders rests the different message. We have had the battle with Mr responsibility for charting a course that not only satisfies Juncker and expressed the Prime Minister’s rejection of the coalition, but reconciles the need to protect our ever-closer union and of the whole project, yet we will constituents and secure law and order in this country, be portrayed by our opponents and by the public as and the need to preserve the rights of this sovereign having signed up to a raft of measures that touch on Parliament. some of the most sensitive issues around the protection I will be brief, Madam Deputy Speaker, because I of our people, such as the ability to deport foreign have just two key concerns and they are very criminals or return those who have fled the country but straightforward. The first is that, by opting into these are charged with offences in the UK. People are bound measures, we will lock ourselves into the jurisdiction of to say, “We hear what you say about having a referendum, the European Court of Justice in perpetuity. As my but when you’re faced with a practical decision on hon. Friend the Member for Stone (Sir William Cash) whether to opt back into home affairs and justice and my right hon. Friend the Member for Wokingham measures, you opt back in. We know what that means in (Mr Redwood) said earlier, home affairs and justice was terms of the European Court of Justice’s jurisdiction”. originally a third pillar matter that was decided on by sovereign nations and was not subject to qualified majority Sir William Cash: Does my hon. Friend agree that voting. My hon. Friend the Member for Harwich and there is a sort of whiff of appeasement going on here? North Essex gave a litany of quotations, not least from Basically, we do not want the jurisdiction of European my right hon. and learned Friend the Attorney-General, institutions, including the Court, but on the other hand on the implications of signing up to these measures and we do not want to resist their intrusion into our becoming subjecting ourselves to the European Court of Justice. more integrated into the European Union. When it We have no excuse any more. We have seen how the comes to the balance between those two positions, the European Court of Justice has sought constantly to Government increasingly give the impression that they arrogate greater and greater powers, and even to overrule do not want to do that, but they go along with it in our Supreme Court. We would be failing in our duty to practice. That is a very dangerous path. 529 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 530 Opt-outs Opt-outs Sir Gerald Howarth: My hon. Friend is right, and I As we saw in the recent European elections, there is a set out earlier what I felt the dilemma to be. Undoubtedly, strong feeling in this country that we should have less the Home Secretary and Justice Secretary are receiving interference from Brussels. The justice and home affairs shed-loads of advice from law enforcement agencies, opt-outs give us a golden opportunity to demonstrate saying that we must protect the European arrest warrant to the British public that we are in tune with how they and all our ties with our European partners because to think about the European Union. They want less do otherwise would make our task of enforcing law and interference from Brussels, not more. order more and more difficult. There is a strong feeling that people thought they I understand where the Home Secretary is coming were entering a common market back in 1973, and they from, and again I will quote from the excellent European voted to remain members of it in 1975. It was referred Scrutiny Committee, which is chaired by my hon. Friend to back then as the European Economic Community the Member for Stone. In its report of 7 November last and the Common Market. Effectively, it was a free trade year, it cited the Home Secretary as having said a year area. However, those behind the grand euro project ago on: were not satisfied with just a common market. They saw “We believe the UK should opt out of the measures in question it as just the first step towards building a single European for reasons of principle, policy, and pragmatism. And we should superstate. The European Economic Community soon only seek to rejoin those measures that help us co-operate with became just the European Community—the word our European neighbours to combat cross-border crime and keep “economic” was dropped altogether, reflecting the wider our country safe.”—[Official Report, 9 July 2013; Vol. 566, c. 177.] and grander aims of the European project. The European Community swiftly became the European Union, as Who could possibly disagree with that? We are all in another step was taken towards creating a single superstate. favour of that and of arrangements that enable the efficacious management of our borders, and the return Why did I start with that background? I did so of criminals and so on, but other issues are at stake. because the European Union’s powers over justice and How will the European Court of Justice interpret these home affairs are an example of its growing power and matters, and how—as I said a moment earlier—will the influence. It has become far more than just a common public see that? Of course we need to protect the public, market. It already has its own Parliament, its own flag, but I suggest, as my hon. Friends have done, that we its own national anthem, its own civil service, its own also need to resist the risk of subjecting ourselves to foreign and diplomatic service and its own court. It has further control by the European Court of Justice. all the attributes of a state, so it is no surprise that those How do we bridge the gap? I understand that it is behind the European project want to develop a single entirely possible that we could have transitional European-wide system of justice and home affairs. arrangements that could apply from 1 December. Come At a time when there is a desire among millions of 1 December, we opt out en bloc and at the same time our fellow citizens for the European Union to have less opt back in on the 35 measures that are the subject of influence, we should be taking this golden opportunity this debate. By then, it is possible to have transitional to take back powers. Let us be clear on what is at stake: arrangements to extend our ability to have those measures above all else, this is a matter of principle. If we exercise in force, pending a final decision here in the UK. The an opt-in—voluntarily, because there is no obligation Home Secretary has said that Denmark’s opt-out on this country to opt in—it will mean that yet again arrangements remain subject to the European Court of the powers of the institutions of this country will be Justice. Why do we not have alternative arrangements reduced and power transferred to the institutions of the that do not subject us to the ECJ? We do not need to European Union. At a time when we are saying to the follow Denmark’s example and can chart our own British public that we want powers back from Brussels, course. Surely this is a magnificent opportunity for it is not, I would venture to suggest, a very good start to Mr Junker and his cohort to demonstrate their commitment voluntarily give up power over these 35 different measures. to recognising that the UK’s issues need to be addressed As the Government themselves said when they gave and to accommodate the UK’s concerns. We can provide evidence to the House of Lords European Select them with an early opportunity. Come 1 December, Committee: they can show us that, yes, they understand the nationwide “the practical effect of the ECJ gaining full jurisdiction in this concern in this country on these matters and come to an area after the transitional period”— accommodation with the UK. which, of course, means from 1 December 2014— These are massively important issues. I understand “is that the ECJ may interpret these measures expansively and from Ministers that there will be a proper full-day’s beyond the scope originally intended. This concern is compounded debate later this year, followed by a substantive vote, by the fact that the ECJ has previously ruled in the area of Justice and not in a deferred Division or anything like that, and Home Affairs in unexpected and unhelpful ways from a UK when the House can have its proper say. perspective”. So there we have it. The Government know that there is 3.41 pm a real risk that once these powers are handed over to the Mr David Nuttall (Bury North) (Con): It is a great EU there is no turning back and the European Court of pleasure, as always, to follow my hon. Friend the Member Justice can interpret them as they think fit. for Aldershot (Sir Gerald Howarth), who put the arguments In the Government’s response to the European Scrutiny succinctly. I agree with the comments of my hon. Friend Committee’s November 2013 report on the block opt-out, the Member for Harwich and North Essex (Mr Jenkin). the Government said the following about the rulings of Both my hon. Friends summed up the flavour of the the ECJ: debate. As we approach the end of the debate, the “We have also set out our concerns with the impact of these arguments on both sides have been fairly put, so I will judgements on the domestic law. If we disagree with the ECJ’s not detain the House for too long. interpretation of legislation, it will be impossible for the UK to 531 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 532 Opt-outs Opt-outs amend the law itself. Indeed, it would be very difficult to alter it at issue. We are not trying to stick to the facts. We have all as this would require the Commission to propose an amendment had bold promises—promises raised by the right hon. to the EU legislation itself, or a cohort of Member States to do so Member for Leicester East (Keith Vaz)—about consultation under the auspices of a Member State initiative.” with Parliament and how we would be kept fully informed: Such a cohort would have to consist of a quarter of all a fine promise and constitutionally proper, but regrettably member states. The European Parliament’s agreement ignored. would also generally be needed to amend the relevant We found out some information about the Prüm EU legislation. declarations not from a statement to this House or from We must not forget that the European Court of evidence given to a Select Committee, but via a website Justice, in determining cases, would start to apply its called Statewatch, which reproduces leaked documents. human rights jurisprudence, arising from the European It reproduced a “Limité” document from the European Union’s own charter of fundamental rights, to the UK’s Union. “Limité” documents from the European Union policing and criminal justice system. It would, therefore, can be shared with the European Scrutiny Committee be all very well for us to try to negotiate or even and we would then hold them confidentially. This one unilaterally opt out of the European convention on was not, perhaps because what it said was rather human rights, but the fact remains that if we remain embarrassing. It stated: members of the European Union, we would be bound “The UK government has also indicated that in a number of by the European Court of Justice and its implementation other cases it will set in motion a process towards the subsequent of the EU’s charter of fundamental rights. opting in to certain other instruments of particular importance.” Perhaps the most worrying of the measures that it is So it is not 35 opt-ins; it is more than 35, which they are proposed to opt back into is the European arrest warrant. not willing to tell us about through proper processes. We have heard much about it this afternoon, but let us We find out through leaked documents. Actually, it is be clear about what the European arrest warrant means. not 35 anyway, because 14 were already subject to the It gives other countries in the European Union the block opt-out. So we are starting at 49, not 35, and the power to demand that a British subject be removed spin around it tries to lessen the impact of what is from this country and incarcerated in a foreign jail happening. without any evidence being placed before a British The failure to inform Parliament is, I think, even court. Worst of all, the European arrest warrant could worse. There was a Council meeting on 24 June, after be used for some act or omission that is not a criminal which the European Union put out a press release offence in this country, where the conduct is wholly stating that within a foreign country. Indeed, that aspect—dual “the Council noted the conclusion reached between the Commission criminality—was one of the principal grounds that my and the UK on the list of non-Schengen ex-third pillar measures right hon. Friend the Prime Minister used to argue which the UK will seek to rejoin”— against the introduction of the European arrest warrant I emphasise “conclusion”. The written statement from in the Extradition Act 2003. He voted against it. the Minister provided to the House about a week later—we There is perhaps a silver lining to every cloud. As should note the delay before we were informed—said someone who thinks that this country would be better that off outside the European Union, let me say this in “the UK Government and the Commission had reached an conclusion. If the Government decide, as I am sure they understanding”.—[Official Report, 30 June 2014; Vol. 583, will, to opt back into these measures—despite what c. 48WS.] those of us who have reservations might think, I am There is a significant difference between an understanding sure that in the fullness of time this House will vote to and a conclusion: one has a finality about it, which does allow the Government to do so—they will hand over not leave much room for parliamentary consultation, power to the European Union on these issues for ever while the other implies a continuing process. We have more. However, in so doing, they will provide yet another thus had a series of failures properly to inform reason why, I believe, in the fullness of time millions of Parliament—a failure to be entirely straight with the our fellow citizens will decide that the only way for this British people. country to regain its own sovereignty will be to vote to leave the European Union. The effects are severe. The change from the third pillar to Lisbon is a major transfer of sovereignty, as 3.52 pm established by my hon. Friend the Member for Bury North, who quoted the Government’s own words in Jacob Rees-Mogg (North East Somerset) (Con): It is saying that. It is not, however, only the Government a particular pleasure to follow my hon. Friend the and the European Scrutiny Committee that make this Member for Bury North (Mr Nuttall), although I am clear, as it can be seen in the Home Affairs Select delighted that the Lord Chancellor will reply to the Committee, too. This is important because that Select debate, because I believe he is the one person remaining Committee is not made up of shaven-headed Eurosceptics; in the Government who still believes what he believed in it is chaired by a former Minister for Europe who views opposition. It is reassuring that at least some people do himself very much as a pro-European. His Committee’s not find the trappings of office take them away from report said: their previous beliefs. “If the Government proceeds with the opt-in as proposed, we As my hon. Friend the Member for Harwich and note that it will not result in any repatriation. Indeed, the increased North Essex (Mr Jenkin) mentioned, we have already jurisdiction of the ECJ may result in a net flow of powers in the looked at the falsehood that is in the title of this debate. opposite direction.” We are meant to be debating the opt-outs, but they were Yet we have heard statements from Ministers saying decided a year ago. We are debating the opt-ins. That is precisely the reverse. There must be a thin line between all of a piece with the spin and the flimflam around this on the one hand the point at which Ministers say things 533 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 534 Opt-outs Opt-outs [Jacob Rees-Mogg] Then there is the European arrest warrant, and the so-called guarantees that we have. As has already been that are different from what they say to House of Lords established during the debate, European law trumps Select Committees and from what reports of respected Acts of Parliament. So we can say that the European Committees of this House have said and on the other arrest warrant must not apply unless there is dual hand the sin of misleading Parliament. I know we will criminality, but unless the European Union accepts it, watch like hawks to ensure that that thin line is never that is not the case, and dual criminality does not have breached. to be shown in relation to 32 specified crimes where the Of the much-trumpeted opt-outs of nearly 100 items, arrest warrant applies. What the Prime Minister said to 43 never applied to the United Kingdom in the first my hon. Friend the Member for Bury North during place. I have a list of the remainder. I asked 190 Prime Minister’s Question Time yesterday was, I am parliamentary questions to establish this list and to find sorry to say, not factually accurate. out how many of the items were of any importance. As for the numbers, I have banged on about them Thirty three have been implemented and will bring no because of the hysteria that we hear from the proponents change at all; 12 have been implemented de facto and, of the arrest warrant, who claim that our whole nation’s again, there will be no change; two have been implemented security is dependent on it. On average, 125 people are but never used; and two have not been implemented. brought back to this country each year to face trial. In That leaves one, the Council Act of 17 June 1998, which that context, the arrest warrant is to our benefit and in has been implemented and will suffer from some change. our interest. The people whom we expel we ought to be Excluding Prüm, there is no repatriation of sovereignty able to expel under our own law, and would be able to if at all from any of our opt-outs. only we had the gumption to pass our own laws. As was That leads us to the alternatives—those measures said earlier, we are now willing to sacrifice the fundamental that the Government wish to remain within, as is clear principle of Magna Carta: that no one will be imprisoned, from the treaties and from questions of international fined or held against their will without the judgment of law. The treaties make it clear that provision is made for a court. We are now willing to allow that principle to be transitional arrangements. Hence, there need be no abrogated by a Polish magistrate. Surely, wise and good worry about a great chasm opening up on 1 December, though Polish magistrates may be, it is not worth the when this mass horde of 125 criminals will suddenly theft of a wheelbarrow to undermine something that appear on our shores, about which we should be terrified. has been our protector for 799 years. It will not be like that at all because of the transitional I want to deal with the politics of this as well, for arrangements. where does it leave not only the Government but the Then there is the possibility of bilateral arrangements. Conservative party, which had, until a few weeks ago, a The Home Secretary’s response on bilateral arrangements really sensible, logical, well-thought-through position was so feeble: we know she has lost her much-respected on the European Union. It had a strong and sound and special adviser, but I had not realised that the person on firm position, which was to go for renegotiation and work experience was now writing her speeches. Just repatriate powers. Repatriate powers? When we have because the European Union does not like it—the just surrendered them? Wave the white flag, and then, Commission indicated that it would not accept it—are two hours later, put up the Union Jack at half mast? we saying that we should not use our power and influence Will anyone believe that we have a hope of repatriating as one of the great nations of the world and even try to powers if we surrender them now? Will anyone think negotiate what we want with an international body? that opting into 35 measures, 49 measures, and a few Should we immediately kowtow and give in? What sort more secretly, is the beginning of a renegotiation? Will of a Home Secretary takes that approach? anyone believe the promises made by politicians or the policies on which we stood at the last election—as my Mr Jenkin: It seems from the stance adopted by the hon. Friend the Member for Bury North revealed to Government that we are being invited to believe that the us—or the soaring oratory of our Prime Minister, who European Union is a deeply unreasonable institution in 2002, in opposing the European arrest warrant, said: that holds very hard and fast positions on which it is “If someone came before him who had committed an offence not prepared to compromise even in its own interests, that was not a crime in this country, according to the district let alone the interests of its member states. Does my judge, the Home Secretary would have to say, ‘I am sorry. You hon. Friend not think that we should have tried a bit may spend time rotting in a Greek or Spanish jail…But there is harder? nothing I can do about it.’”—[Official Report, 9 December 2002; Vol. 396, c. 109.]

Jacob Rees-Mogg: That is exactly the point I was So, in 2002, the Prime Minister was worried that this making. It bodes ill for any proposal for renegotiation if would lead to people rotting in Spanish or Greek jails. that is the starting point. The moment the European Now he thinks that rotting in Spanish or Greek jails Union says “We don’t like that very much, chaps” and seems to be a good thing. I do not see the logic in that, we say “Oh, we’re frightfully sorry, m’lord”, we are not but I equally do not see how anyone can rely on what even going to try. We shall perform the kowtow, that politicians say if in opposition they have backbone and wonderful act performed in front of Chinese emperors, in government they are jellyfish. It is an entirely hopeless whereby people would abase themselves three times way of attempting to run the country. before approaching the throne. That may be appropriate Let me end with a reminder of Sir Robert Peel, a to you, Madam Deputy Speaker, enthroned in splendour great Prime Minister and a distinguished man, one of as you are, but it is not, I think, the way in which Her the most intellectual figures ever to hold the office that Majesty’s Government should behave when dealing with he held—and he was Home Secretary as well. When he international bodies. did his final papers—they were vivas, not papers—so 535 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 536 Opt-outs Opt-outs clever was he, so intelligent was he, that the public went with the passage of the years, and that worries me, to listen to him answering the questions, and he got a as a Conservative, and I know it worries all my fellow first-class degree in classics and mathematics. In 1846, Conservatives. I know it worries my right hon. Friend he split the Conservative party. He got through a measure the Lord Chancellor. We discussed the matter only that the Conservatives loathed on the back of Opposition yesterday in the Justice Committee, and he made some votes—something that may happen with the European very wise interventions about his concerns about judicial arrest warrant—but he stood boldly at the Dispatch activism. Box and said, yes, he had changed his mind, yes, what Therefore, I thoroughly understand and embrace the he now thought was different from what he thought concerns that are being expressed by my hon. Friends. before, but it was essential for the good of the nation. What I take issue with them on is this: the full extent to Do we have that from this Front Bench? Do we have which the European Court of Justice will have jurisdiction an avowal of the importance of this surrender to Europe, upon the general run of justice and home affairs in this or do we have mealy-mouthed words about the difficulties country. I accept that on the opt-out issues it will have of negotiation and the problems with coalition? There jurisdiction, and there are dangers that, as we have seen is not a bold, forthright, intellectual case for change, but with other interpretations—for example, of the free merely the convenience of office, and it not only risks movement directive—there could be judicial creep and damaging the Government and splitting the Tory party, an extension beyond the original intentions of those but it surrenders our sovereignty to a body from which who framed the directives we are talking about. But we want to get it back. So I say to Her Majesty’s when it comes to the fundamentals of English and Government, Welsh justice, I see no threat to the long-established “Stiffen the sinews, summon up the blood...then imitate the traditions, customs, laws and practices that we have in action of the tiger.” our criminal courts. I see no threat to the principle of trial by jury. I see no threat to the inferences that are to be drawn from the exercise by suspects of their right to 4.5 pm silence. Mr Robert Buckland (South Swindon) (Con): It is We have had debates on these things. I recall going always a pleasure—nay, an honour—to follow my hon. with my right hon. Friend the Chair of the Justice Friend the Member for North East Somerset (Jacob Committee to Brussels to discuss a directive, which is Rees-Mogg), who speaks with vigour and all the colour now coming to the fore, about the inferences to be that we have come to expect from him. Those of us who drawn from the exercise by the accused of the right to have known him since long before 2010 know that he is silence when arrested. We had a lively discussion in the characteristically forthright on these issues. Whether he justice directorate-general about the inappropriateness is absolutely right on them is another matter, however, of that particular directive in its application to the and it is to the issue about which he has rightly expressed criminal law of England and Wales. That sort of detailed concern today that I now turn, bearing in mind the time case-by-case, directive-by-directive discussion will be remaining and the need for other speakers to make their the surest safeguard against the general creep that my contributions. hon. Friends and others fear. Yes, the opt-ins do involve some concession of Mr Jenkin: I admire my hon. Friend’s intellectual sovereignty. To try and deny that would be wholly honesty in admitting that in respect of the European wrong. The issue, therefore, is one of competence and arrest warrant the activities of the European Court of the extent to which the European Court of Justice in Justice may lead to judicial creep, which may lead to a Luxembourg determines issues that fall to be decided as “wheelbarrow situation” and so on. If such were to to the interpretation and operation of the measures, occur, who will be accountable? subject to the opt-in. On that, to some degree I share some of the concerns raised by my hon. Friends on the Mr Buckland: My hon. Friend asks the fundamental Conservative Benches. question we should always ask, about not just European I am an opponent of judicial activism. As a politician legislation, but domestic legislation and the way in who is philosophically of the centre-right, I do not which we in this House have legislated in an unsatisfactory believe that it is for judges to interpret treaties and other and ambiguous way that has opened the door to more documents as living instruments which adapt according and more judicial review, more and more challenge and to their view of the world at any one time. We see that more and more interpretation by domestic courts in problem in the Court at Strasbourg and the Court in ways that were perhaps not envisaged by the legislators. Luxembourg, but we also see that problem in the courts So I repeat the point and turn it back to him: I do not here in London, here in England, here in Wales, here in think this is a particular problem at a European level. Scotland. This is not an issue that is particular to Europe and its institutions. That is a very important Mr Jenkin: If a wayward British court makes a point when we remember the nature and scale of the judgment that is clearly not intended by Parliament but task before us, because, to my mind, this is not a debate has arisen because of a perfectly legitimate and between Westminster and Brussels or Luxembourg; this understandable interpretation of one of our own statutes, is a debate about whether it is legislators—politicians—who we can hold a Minister accountable, we can ask them to ultimately determine the extent and ambit of our laws, bring forward an amendment to the law and we can or whether, as increasingly is the case, our laws are change the law. If the same happens in respect of interpreted in different ways by judges. European legislation, how do we hold the law accountable? The old certainty of politicians passing and enacting Mr Buckland: We have mechanisms within the European the laws and judges implementing them and making structure to do that, via the Council of Ministers, determinations on a case-by-case basis gets more blurred renegotiation, treaty change— 537 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 538 Opt-outs Opt-outs Mr Jenkin: There is the flaw in your argument. and Wales but because of the way in which other member states recognise UK criminal convictions, which Mr Buckland: I disagree, and I am more than willing is an important point. If UK citizens go to other to talk briefly about how we renegotiate these things. member states and commit offences, it is right and in Talk about repatriation is unhelpful. If we are going to the general interests of combating crime and properly get actual reform in Europe, we have to look at it across reflecting criminality that their convictions recorded in the piece. Addressing the issues of judicial activism and the UK are properly recognised. Those are practical the way in which the ECJ interprets the articles of the measures that not only address the need to combat European treaties is fundamental to any meaningful crime but help to increase trade and commerce—all the renegotiation to deal with the democratic deficit argument efficacy arguments that are a natural part of what it is that my hon. Friend and others posit. to be a member state of a developing Union that is the biggest market in the world. It is the continent of which Mr Jenkin: I am very grateful for my hon. Friend’s we are a part. I think, therefore, that the practical generosity in giving way. I have served in this House for realities reflected in the opt-in measures are a proper more than 20 years and I have seen court judgment after reflection of the absolute need for this country to work court judgment from the ECJ, or indeed from our own hand in hand with other member states and to ensure courts—in the Factortame case, famously, even a political that we can have a criminal justice system that works agreement reached between the member states about well for all British citizens, not just here in the UK but our fisheries was overturned by a decision of the court— in other parts of the EU. where the Minister here says that nothing can be done about it. That has been the case time after time. We are The European arrest warrant has been properly criticised moving these decisions, and their consequences, beyond on the grounds of proportionality. My hon. Friend the the democratic accountability of the national Parliament. Member for Esher and Walton (Mr Raab) will shortly wax lyrical on the matter with his customary expertise Mr Buckland: But remembering that the competence and I look forward to his contribution with interest, but of the ECJ deals with the application of EU law in the I would say that the introduction of the amendments on UK, we have to be very careful about the words we use, proportionality in recent legislation goes a long way because very often people misunderstand the full ambit towards addressing the concerns that he and others of that Court. Another example would be the way in have repeatedly expressed. I have the same sorts of which case law in Strasbourg is wrongly assumed to be concerns about the disproportionate use of such a the law of this land—it is not the law of this land and serious measure. The decision to extradite or to remove never has been, not even under the much-reviled Human someone from one jurisdiction to another is a serious Rights Act. There are little misunderstandings that step to take. germinate into a general feeling among the public that We have to be practical about this issue, and the we have lost control. Government have done everything they can to ensure that, although we have opted out of the general swath Mr Jenkin: We have. of measures—I think that was the right decision—we are, after looking at the evidence on a case-by-case basis, Mr Buckland: I disagree. It is up to us in this House making the proper decision to opt in to the measures and elsewhere to show leadership and to explain to that we are debating today. On that basis, I am happy to people that we have not lost the degree of control that support my right hon. Friends on the Front Bench. has been suggested. As much as I admire my hon. Friend, I sometimes think that his is a counsel of despair when it comes to the future of Britain in Europe. 4.19 pm It is time for us to remind ourselves that we are still a Mr Dominic Raab (Esher and Walton) (Con): It is a country with huge influence and that we still have a great pleasure, as always, to follow my hon. Friend the massive part to play in the affairs and future of the Member for South Swindon (Mr Buckland). Although European Union. We are one of the biggest economies we do not see these issues in exactly the same way, he in Europe, and there are very many strategic interests always provides a huge amount of food for thought, that make our membership of the EU good not only for delivered with great style and panache. I apologise to us but for other member states. Members on both sides of the House for arriving late to Before I resume my seat, I will return to the issues at the debate. I gave advance notice to the Speaker. It was hand. The European arrest warrant is not only in this because of the two statements and an engagement that I country’s interest because we can repatriate UK citizens could not get out of. from other member states who are alleged to have I want to start the substance of my comments by committed crimes in this country; it also ensures that welcoming the opportunity for Parliament to scrutinise EU nationals who are fleeing and evading justice in this issue. Whatever one believes about the substance, their own country can be sent back. Those practical we are getting far more scrutiny in this whole area than realities bring us back from the theoretical debate that we ever did under the previous Government. I also want we sometimes have here. We are talking about real lives to say that I fully support the Prime Minister’s overarching and the tragedies that surround every criminal case strategy. In his article in The Sunday Telegraph on 16 about which we have heard this afternoon, which we March, he made clear his intention to renegotiate Britain’s know is a real issue for those involved. Let us not forget relationship with the EU, including, as he spelt out the human element. explicitly, in the area of crime and policing. I think that I have gone through the list of measures, and it seems he is absolutely right. that the principle of mutual recognition of criminal It is worth noting that polling commissioned by Open offences, for example, will be very important not because Europe has found that this matter, far from being some of the way in which we operate the courts in England ivory tower issue with no resonance or relevance to the 539 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 540 Opt-outs Opt-outs public, was the public’s fourth highest priority for from thin air a “right to be forgotten.” That is important, renegotiation. It is therefore right not only in principle, because we can argue about the rights and wrongs of but in terms of resonance and relevance to the great privacy and transparency, but that was patently judicial British public. Likewise, the Prime Minister showed activism, and there is very little that we in this House tremendous moral clarity in fighting not only for Britain, can do about it. but for an important democratic principle in relation to the next EU Commission President. I feel that we need Sir William Cash: We are talking about not just one to do the same now. judge but several judges who are making similar remarks. I will avoid rehearsing points I have made in previous They are genuinely demonstrating a frustration with the debates on the topic, which I know Ministers will have overarching jurisdiction of the European Court. In the heard until they are blue in the face. I will instead past few months, we have seen Lord Mance and several confine my remarks to four key points. First, I believe others making similar comments. They are conscious of that we must take a long-term view about the supranational the difficulties that are arising. direction of EU justice and home affairs policy, taking into account the evolution of policy and law, the ambitions Mr Raab: My hon. Friend is absolutely right that this of the Commission and the tidal direction of travel is a growing problem, and I think that that is recognised among EU member states. One does not have to buy at senior levels of the judiciary. We should listen with as into Viviane Reding’s dream of an EU-wide Minister of much vim and vigour to what the judges have to say as Justice to see that we are taking incremental steps, we do to what the Association of Chief Police Officers slowly but surely, like a slow tide, towards a single EU says. justice system. We can debate the pace, but I challenge On the internet search engine ruling, it is important anyone in the House to argue that that is not happening to say that there is a cultural and values issue at stake. It in practice. is not just some legal constitutional issue. A right to be One need only look at Europol and Eurojust. Currently, forgotten may suit French privacy laws that gag the colleges of national police and prosecutors collaborate publication of the peccadilloes and crimes of the rich on important cross-border work, such as combating and powerful, but it directly cuts against our tradition drugs, human trafficking and terrorism. Originally they of media freedom, transparency and free speech. co-operated on an essentially intergovernmental basis, Having seen the effect of ECJ judicial activism on but national democratic control is slowly but surely this area of crime and policing, do we really want to being whittled away before our eyes, like salami-slicing. allow the ECJ to determine the powers and responsibilities If we look at the detail of the two new regulations on of British police forces, the British criminal process and Europol and Eurojust, we see a strengthened role for even foreign forces, through joint operations, operating the Commission, additional duties of co-operation on on British soil? That is a huge risk for us, and I fear that national Governments and, most importantly, the eroding we risk the Luxembourg Court doing for British policing of national Governments’ ability to decline requests for what the European Court of Human Rights in Strasbourg co-operation or to hand over data. has done for UK border controls. Eurojust’s revised mandate will provide substantial One reason why I refuse uncritically to defer to co-operation with the new EU Public Prosecutor’s Office, ACPO on these issues is that it is ill-equipped to gauge which will grow in time, leading to more and more the long-term threat to operations and ultimately public pressure for it to consume functions currently undertaken safety of these developments. These are constitutional by Eurojust. That is inevitable. We can see it happening developments, so it is not just a question of consulting bit by bit. If we were truly drawing a line in the sand, on the administrative arrangements that we have in would we not make it clear now that we will not be place now. If anyone in favour of opting back into these opting into those new measures? measures had listened to this debate, they would have At the same time, if we opt into the basket of measures, thought that ACPO had been wholeheartedly in favour as the Government propose doing, we will hand from of opting into more measures than we are doing. If we the British Supreme Court to the European Court in look at the evidence it gave to the House of Lords Luxemburg the last judicial word on the scope of these Constitution Committee, we would see that it only swelling supranational powers and our corresponding recommended opting into 13 measures, which is national democratic duties. I, for one, am reluctant to substantially fewer than the number that we are planning see that happen because of the European Court of to opt into. Justice’s record of judicial activism. In answer to my The second issue that I wish to address is the European hon. Friend the Member for South Swindon, the difference arrest warrant. Many Members will have their own is that judicial activism in the UK can be overruled by constituency horror stories, and I am afraid that I am elected and accountable Members in this House. That no different. In fact, my constituency seems to attract democratic control is not available in relation to decisions problematic cases. The one that sticks in my mind and, of the ECJ, which are being extended bit by bit. frankly, in my throat is the case of Colin Dines, a We saw that in the High Court last year, when Mr Justice former judge of impeccable character who was falsely Mostyn, hardly a right winger on the judicial benches, accused of involvement in a major mafia-related Italian made it very clear that, to his great surprise, the ECJ telecoms fraud. The story would be almost amusing if it had torn up our opt-out from the EU’s new charter of were not so tragic. Without any evidence presented or fundamental rights. We saw it with the ECJ’s attitude any opportunity for him to explain his innocence to the towards the extraterritorial application of the EU Tobin Italian authorities, which he was confident that he tax to Britain—although, those proceedings are still could do, he was the subject of a European arrest ongoing. And we saw it this year with the ECJ’s frankly warrant, which was nodded through by our courts, as ludicrous ruling on internet search engines, conjuring they must be. He faced the prospect of incarceration or, 541 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 542 Opt-outs Opt-outs [Mr Raab] the Council of Europe conventions that predated the European arrest warrant. It has rather breathlessly been at best, house arrest for months on end until his trial. suggested that without the EAW, we would risk letting Tragically, the only thing that temporarily saved him people such as Jeremy Forrest or terrorists such as from being carted off was that he had a stroke from the Osman Hussein go scot-free. That is irresponsible nonsense, stress of it, which meant that he was temporarily deemed and it must be addressed head on. Ideally, we would not fit to travel. The case remains hanging over him like negotiate a bespoke extradition treaty, as I have suggested. the sword of Damocles, which is totally unacceptable. It We want something between the old cumbersome is also unacceptable for me as a law maker in this House conventions and the current automaticity, but even to see the fate of citizens across this country. under the Council of Europe treaties, the main temporary That case is not an isolated injustice. If Members effect would be to delay extradition proceedings from want to grasp the scale of the justice gap under the EU weeks to months. That would not mean any fugitive or law and the European arrest warrant, they should listen suspect going free or any increased risk to the British again to our senior judiciary, such as our top extradition public. judge who gave evidence to the independent inquiry I have asked a range of parliamentary questions and into extradition carried out by Sir Scott Baker. Lord written to Ministers on this, and I am grateful for the Justice Thomas said that the European arrest warrant replies that I have received. The evidence is clear. There system is “a huge problem”—his words. He did not say certainly are gaps under the Council of Europe conventions. that it was a small problem, or that there were isolated They do not apply to some tax offences, but that is not incidences, but that it was a huge problem that had the same as dangerous criminals threatening public become “unworkable”. safety. Even then, fewer than 0.4% of prosecutions for I pay tribute to the Home Secretary who has looked tax offences last year were facilitated by a European very carefully at what can be done within the EU arrest warrant. The second gap is that Council of Europe framework decision. Additional safeguards were introduced conventions would require us to respect the statute of by the Government in the Anti-Social Behaviour, Crime limitations on crimes in other EU jurisdictions. Again, and Policing Act 2014 and they are positive steps in the that is hardly the kind of loophole that would stop the right direction, and the Government deserve great credit hot pursuit of dangerous fugitives. The third gap relates for looking at the matter so carefully. In my opinion, to EU countries that limit extradition of their own the safeguards do not go far enough. That is also the nationals, except under an EAW. That would affect opinion of Fair Trials International. In particular, the extradition requests to Latvia, Slovakia, the Czech Republic, bar on extraditing suspects when the case is not trial-ready Belgium and Germany. could be made tighter. I fear that the new leave to It is a very odd argument that we must accept the appeal requirement undercuts all the safeguards introduced. injustice of the European arrest warrant for British Above all, it is a shame that we were not allowed any nationals because a few other countries have stronger time on the Floor of the House to debate those clauses, safeguards protecting their citizens in their normal important and positive as they were, because they were extradition arrangements. In any case, it will have become introduced late in Committee. clear to the House that none of these temporary gaps I understand from Ministers that there is no appetite under the Council of Europe conventions would apply in Brussels to revise the EU framework decision itself, a to people such as Jeremy Forrest and Osman Hussein. point that I make to my hon. Friend the Member for It is irresponsible scaremongering to suggest that they South Swindon. That is a sad reality that we have to would. Opting out of the European arrest warrant, on accept. The question is what we do next. I believe the the Government’s own evidence to me, might for a preferable option would be to opt out of the European relatively short period delay EU extradition proceedings arrest warrant and a renegotiate a bilateral extradition while we conclude a better arrangement, but the risk of treaty with a limited number of extra safeguards—the dangerous fugitives going free is negligible. Public safety few modest additions that we need to make it safe for is a perfectly respectable, reasonable and legitimate our citizens. We would still have fast-track extradition, argument to weigh against the threat to individual but we would stop the justice system in effect selling our liberty. We do it in the House all the time. Administrative citizens out, which is what it does at present. convenience is not. The third issue I wish to address is that the Government Sir Alan Beith: Will the hon. Gentleman give way? are considering opting into Prüm measures on data sharing, which would cover fingerprints, DNA, car Mr Raab: Very briefly, as I need to allow time for the registration details and so on. There are serious reservations winding-up speeches. about the impact of this on British citizens, and serious risks. The UK DNA database is far bigger than any other EU database, and innocent British citizens are far Sir Alan Beith: Does the hon. Gentleman envisage more likely to find their samples caught up in a foreign bilateral extradition treaties with each individual member criminal investigation. EU authorities are more likely to state? assume that the availability of UK DNA samples is a strong indicator of previous criminal behaviour. We Mr Raab: I shall address that point squarely in a know that the EU standard for matching DNA samples moment. I need to move on fairly swiftly. is 40% less accurate than the UK standard, which In the meantime, between the renegotiation and the accentuates the risks. Taken together, the Prüm data opt-outs, we could temporarily continue the EAW sharing, the European investigation order and the European arrangements for, say, a year to allow the conclusion of arrest warrant make up a rather dangerous cocktail for the negotiation. In the worst-case scenario, if partner an unprecedented number of future miscarriages of states in Brussels refused, we would have to fall back on justice. The House should have no illusions about that. 543 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 544 Opt-outs Opt-outs My final point is about the alternative to opt-ins. The As I said, we have heard 12 speeches. The Chairs of EU has legal personality in the JHA field, so, to answer the three Select Committees—the European Scrutiny the point made by the right hon. Member for Berwick- Committee, the Select Committee on Home Affairs and upon-Tweed (Sir Alan Beith), if we were refrain from the Select Committee on Justice—all reported extensively opting back into any of these measures we can negotiate on the Government’s proposals and their concerns about with one party and not 27. So that we understand that it the process, as well as some of their concerns about the is a practical right and not a theoretical one, let me substance of the measures. There has been criticism of explain that the EU has already done that with 24 other the fact that the past two debates have been general non-EU countries in JHA, so there is no reason in debates without a vote. In particular, we have discussed principle or practice why Britain cannot do the same. I whether Parliament will be given a vote on the Government’s ask Ministers whether that question has been raised in decisions, how many votes there will be, when they will Brussels and what precisely the objections were. If the take place and the format in which they will take place, Government do not feel that that is feasible, has a as well as whether each of the measures will be debated marker at least been laid down in Brussels about future and voted on. British renegotiation, making it clear that we will want Let me be clear that the Opposition will consider all to return to the whole area of JHA in the round, given the measures on the basis of what helps the fight against what has been said? crime. We will not allow anti-European Union feelings I suggest that at the very least the Government, or to cloud our view of what works. What is needed is a perhaps even the Prime Minister, should make the considered response on the issues raised by Back Benchers context behind the decisions clear by letter to the new on the important role that European institutions can Presidents of the Commission and of the Council. If and do play in fighting crime. not, I fear that this, our best opportunity to demonstrate The first speech was from the hon. Member for Stone that we can deliver renegotiation in Europe, runs the (Sir William Cash), who reminded us of his “mild risk of being perceived both at home and across the EU interest” in matters European over the past three decades. as a signal that when push comes to shove our deeds do Towards the end of his speech, he read out a list of not match our words. questions that he asked the Justice Secretary to answer. We also look forward to hearing the answers. 4.36 pm My right hon. Friend the Member for Leicester East (Keith Vaz) admitted to being a usual suspect. He Sadiq Khan (Tooting) (Lab): This has been a good asked—I am looking forward to the answer—whether debate. By the time we finish, it will have lasted for more there will be a separate vote on the European arrest than four hours. We have had some excellent speeches, warrant, about which his Select Committee has raised and even some from hon. Members who are not lawyers serious concerns. The right hon. Member for Berwick- or Chairs of Select Committees. All 12 speeches have upon-Tweed (Sir Alan Beith) explained that this process done the important job of holding the Executive to has taught him how difficult it is to get blood out of a account. They have all been passionate, demonstrating stone. He said that notwithstanding his concerns about huge expertise on and experience of the issue. the process, he supports the measures that assist in Let me begin, as my right hon. Friend the Member fighting crime. for Delyn (Mr Hanson) did, by saying that I support My hon. Friend the Member for Linlithgow and East most of what the Home Secretary said. Both she and Falkirk (Michael Connarty) reminded us that the European my right hon. Friend made the point that it is no longer arrest warrant is not perfect and gave an example of the case, if it ever truly was, that tackling crime and one of his constituents who is suffering as a consequence. keeping the public safe can be achieved solely within He explained how it had helped to bring back to this our own borders. Crime and the criminals who perpetrate country one of those alleged to have been involved in it do not abide by the borders of nation states. Both the 21 July bombings who was subsequently charged Front-Bench speakers gave examples of organised crime, and convicted and is currently behind bars. terrorism, cybercrime, big drugs cases and serious sexual offences that crossed borders. The world is increasingly The hon. Member for Aldridge-Brownhills (Sir Richard interconnected by the movements of people and the Shepherd) reminded us of his experience of seven movement of trade, and that is all made even more Parliaments and expressed concern about the European complex as technology moves ahead at a fast pace. We arrest warrant. The right hon. Member for Banbury need to ensure that the systems we have in place to (Sir Tony Baldry) told us how thrilled he was to be prevent crime from taking place and catch those who sharing his birthday with his brother knights and the commit it keep up with that fast pace. rest of us; the sad thing is that he was not joking. He also told us about the evidence from ACPO and its concerns about the European arrest warrant. Sir William Cash rose— The hon. Member for Harwich and North Essex (Mr Jenkin) is also the Chair of a Select Committee. I Sadiq Khan: I have only a short time in which to am sorry that I missed his performance in the choir last speak, but I will give way later if I can. night with German colleagues. He reminded us—this is We owe it to the victims of crime to do what we can a really important point—that, unlike Lisbon, the opt-ins to prevent further victims and to bring to justice those are permanent and therefore a transfer of power. He who have inflicted harm and misery on others. Part of reminded us of what the Justice Secretary, when shadow that involves working closely with our European partners Home Secretary, told us about his views on the European across the European Union to establish working arrest warrant, and of what the Prime Minister and relationships that allow each member state to tackle Foreign Secretary said about it, and asked whether they crime and the community as a whole to cut crime. would now be eating their words. 545 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 546 Opt-outs Opt-outs [Sadiq Khan] Committee reminded us that the cost to the British taxpayer is £300 million a year. That is why it is so The hon. Member for Aldershot (Sir Gerald Howarth) important that we get this right. reminded us, and his party, of what political message it The Home Secretary was right to refer to the case of would send if we opted into all 35 measures. The hon. the Latvian prisoner who was sent back to Latvia last Member for Bury North (Mr Nuttall) expressed his month, but the numbers transferred are still pitifully concern about the European single market morphing low. When the Justice Secretary responds, will he tell us into a European superstate. He was particularly concerned, what progress he has made in persuading other countries like many other colleagues, about the European arrest to take their own prisoners back from the UK? I appreciate warrant, and reminded us, as have many others, of what that Poland has a derogation, but the other countries the Prime Minister said about it previously. do not. I must confess—I hope my Whips are not listening—that I always enjoy the speeches by the hon. Member for I will not refer to the measures we are not going to North East Somerset (Jacob Rees-Mogg). His 13 minutes opt into, except to ask whether the Government are were magnificent. I admit that I did not agree with most considering having impact assessments on them. That of what he said, but his speech was a tour de force in question has been asked by Members of the other place. terms of quality. He was confident, as only he could be, I appreciate that we now have impact assessments on that the trappings of office would not mean that the those measures that we are going to opt into, but will Justice Secretary no longer espoused all the views he there be impact assessments on those that we are not held on the European arrest warrant only five years ago. going to opt into? We will wait to see what he says in five or six minutes’ Lots of colleagues have made interventions and time. 12 Members from both sides of the House have made The hon. Gentleman reminded us that we are opting speeches. They have asked many questions and I, like into not 35 measures, but 49, and referred to the other them, am looking forward to hearing some answers 14. He also wondered whether people who are considering from the Justice Secretary. voting Conservative would have confidence in a Prime Minister and a party who went into the election promising to repatriate rights from 2015 onwards if they were 4.46 pm giving up rights in the preceding 10 months. His message The Lord Chancellor and Secretary of State for Justice to the Prime Minister, if I understood him correctly, is (Chris Grayling): This has been an important debate that there is a danger of having a backbone in opposition and I have listened very carefully to the strong opinions but being a jellyfish in government. expressed. We have heard some passionate speeches and The hon. Member for South Swindon (Mr Buckland) views. My hon. Friends the Members for Aldridge- expressed concern, as have many others, about judicial Brownhills (Sir Richard Shepherd), for Harwich and activism and too much intervention. He also pointed North Essex (Mr Jenkin), for Bury North (Mr Nuttall) out that the fundamentals of British courts and justice and for Aldershot (Sir Gerald Howarth) set out very are not necessarily threatened by the ECJ having strongly the views they hold and their concerns about jurisprudence. these matters. We heard some contradictory views from The last speech was made by the hon. Member for my right hon. Friend the Member for Banbury (Sir Tony Esher and Walton (Mr Raab), who has huge expertise Baldry)—I wish him a happy birthday—and my hon. in this area. He made four key points. He warned about Friend the Member for South Swindon (Mr Buckland), a single European justice system and said that sooner or who made an important point about unlimited later we may end up with that destination if concerns jurisprudence and the way in which international treaties are not expressed now. Again, he highlighted concerns can take us into new areas beyond the intention of about the European arrest warrant, and referred to those who created them. That point was also made by individual cases. my hon. Friend the Member for Esher and Walton Six of the 35 measures relate to justice, my area of (Mr Raab) on that very important issue. responsibility, and the Chair of the Justice Committee It is always important to remember how we reached touched on most of them: the data protection secretariat, the position we are in. My hon. Friend the Member for the data protection framework decision, the application Stone (Sir William Cash) and my right hon. Friend the of the principle of mutual recognition to financial Member for Wokingham (Mr Redwood) reminded us penalties, prisoner transfers, the European supervision that, prior to the Lisbon treaty, these matters were all order, and trials in absentia. outside the jurisdiction of the European Court of Justice. For the sake of brevity, I will touch on only one of They used to be intergovernmental matters. Of course, those issues, namely prisoner transfers. From his time as it was the previous Labour Government who took the a Minister in the previous Government, my right hon. decision to put us in the position we are in now. They Friend the Member for Delyn knows full well the sold us down this river in a way that should never have importance of transferring foreign prisoners to their happened and left us in the legal position we are in home countries to serve out their custodial sentences. today. It is really important that we as Conservatives He negotiated many of the agreements that are still in always remember the previous Labour Government’s place. However, since 2010, only four further agreements contribution. They accepted a treaty that was supposed have been negotiated by the current Government, compared to be subject to a referendum, but it never took place, with the 50 negotiated by my right hon. Friend and and we in this House were asked to accept a package other colleagues in the previous Government. One in that I do not believe the British people wanted, although eight of those behind bars in England and Wales is a they were not given the opportunity to decide whether foreign national, and the Chair of the Home Affairs to accept it or not. 547 The UK’s Justice and Home Affairs 10 JULY 2014 The UK’s Justice and Home Affairs 548 Opt-outs Opt-outs That treaty allowed the UK to decide whether to opt with the Commission and other member states. I am out of all the pre-Lisbon justice and home affairs acutely aware that the Select Committees said that measures, and then to seek to rejoin any that it believed Parliament was not involved early enough in the process, were in the national interest. That process, which we and we are now seeking to rectify that. The negotiations went through last year, had to be carried out en bloc, with the Commission reached a conclusion last month, which meant that it was clunky and could not involve though some matters are still outstanding in the Council negotiating and debating on a measure-by-measure basis, and we are still to get final confirmation about the as with new measures. But that is what the treaty overall package. Once we reach that point, we can provides for. address the question about the process to be followed Last year, after extensive discussions within the this autumn. Government, we agreed that we would exercise that My hon. Friend the Member for Stone asked whether opt-out and seek to rejoin a list of 35 measures. We also there will be another debate. Yes, of course there will. It agreed that as a Government we wanted to participate would be inconceivable to have a vote without a debate. in measures that contributed to the fight against It is worth saying that the Home Secretary and I brought international crime, but did not wish to be part of those forward publication of the Command Paper because we that sought to create a European justice system. As the both believed that it was necessary to give Parliament a House knows, I strongly disagree with the previous further opportunity to engage with the issue. I regret Commissioner and others in Brussels who want the the fact that some information appeared before we creation of such a system. could bring it to Parliament. However, that it makes it It is particularly important for us in this country to all the more necessary to ensure that Parliament has maintain the distinctiveness of our justice system, not access to such information now, and that is why the just because of the core role it has played in our society Command Paper was produced and this debate is taking for 800 years but, to be frank, because of the important place. We want to give hon. Members and the Select competitive advantage it gives our legal services sector Committees sufficient time to consider that work before around the world. That point was well made by my hon. we get to the last lap of this process. Friend the Member for Esher and Walton. We are not At this point, it is appropriate for the House to going to be, and we should not seek to become, part of recognise the very hard work done on this issue by the a Europeanised justice system. I do not believe in such a Home Secretary. These were difficult negotiations, and development, and I certainly do not want this country success was by no means guaranteed. Her efforts in to be part of it. particular have been vital in getting us to where we are, and I am sure the House is grateful to her. The 35 measures we are discussing are mostly to do As I have said, we still have to complete some areas of with international policing and the fight against discussion in the Council, so I cannot say that we have international organised crime. As the Chair of the finally resolved all the issues in Brussels. However, this Justice Committee, the right hon. Member for Berwick- is still the opportune and appropriate moment for upon-Tweed (Sir Alan Beith), pointed out, the changes Parliament to look at where we have got to. We listened made to the list have not altered the balance we discussed very carefully to the concerns expressed earlier this year earlier this year. The measures are on the list because by the three Select Committee Chairs, and I hope that the Home Office, with its officials and those who work they feel we have done the right thing by starting the with them, has clearly advised the Government that dialogue with Parliament now, even though we have yet they are essential to our work in fighting international to complete the process fully. crime in particular and are therefore in the national As the House will know, the list of measures relating interest. That advice has formed a fundamental part of to my Department forms only a small part of what we the Government’s strategy. are debating, but I want to touch on one measure that does not appear in the list. The House will recall that I Sir William Cash: I understand very well where my have previously set out why we chose not to rejoin the right hon. Friend is coming from and I think I know probation measure. I explained that, to our knowledge, where he would like to go, but may I put it to him that the measure has not yet been used, and that there are when he speaks about not wanting to Europeanise our serious questions about how it might work. I do not justice system the truth is that by acquiescing in rejoining believe that it is in our national interest to join the the measures—the 35 up to 49 measures—we are submitting measure at this time and leave the European Court of ourselves to the jurisdiction of the European Court of Justice as the potential arbiter of such questions. Justice, which means doing exactly that? It will Europeanise The Commission and other member states, by contrast, our position irrevocably, unless in due course we repeal were keen for us to rejoin the measure because they see the legislation in this House unilaterally. it as part of a package that accompanies the prisoner transfer agreement. Despite that, we have said that we Chris Grayling: The Prime Minister set out some of will not join at this time. the areas for renegotiation in his article earlier this Our concerns centre on the implications of the measure spring. I hope and believe that a majority Conservative for our courts, prisons and probation system. What Government will be able to take forward such a would happen, for example, if someone who had already renegotiation after the next general election, and the been transferred breached their licence conditions? Unlike whole area of justice and home affairs needs to be part many other member states, the UK does not specify of that renegotiation process. penalties for breaches of community orders or probation. After we secured Commons approval for the opt-out—I The measure would allow member states to return to us was very pleased that the opt-out was exercised last the person we had extradited, but we could not do the year—we left time for the Select Committees to consider same to them. That would place significant potential the proposed list before we embarked on negotiations burdens on our courts and probation system. 549 10 JULY 2014 550

[Chris Grayling] Residential Home Closures Motion made, and Question proposed, That this House Of course, all of us are very happy to see foreign do now adjourn.—(Anne Milton.) national offenders returned to their home countries. I have no principled objection to sending prisoners back to serve their probation or community sentence in their 4.58 pm home country. However, the measure appears to have Gavin Shuker (Luton South) (Lab/Co-op): Social care potential problems that may materialise once it is in is changing. All parties in this House are rightly committed operation. to giving disabled people more choice and control over We have indicated to the Commission, as I said in our where and how they live. last debate on this matter, that we will take another look If I were to acquire a serious disability, I would hope at the measure when there is enough evidence of it to spend as long as possible in my own home. I would working and of its impacts to see whether there would hope that the care system would provide me with high be benefits to the UK in taking part. To support that quality care that allowed me to enjoy a good quality of decision, we will publish for Parliament an assessment life close to my friends and family. That is an increasingly of the potential impacts. Clearly, we will not agree to normal model, but it has not always been that way. join this or any further JHA measure unless it is in our national interest to do so. For decades, it was conventional for most severely disabled people to move into a residential home. Today, It is important to stress again that this debate has some disabled people prefer to live in a residential home been designed to give the House an update on where we where they can be part of a community of staff, relatives have got to and an opportunity to launch more detailed and other residents. There will always be some people scrutiny of the process that we have gone through. It whose condition is severe enough to rule out other has been designed to address the concerns that were options of care. raised the last time we debated these issues in the House, which was back in April. We still have work to Residential home closures, whatever the motivation do in the European Council, in Brussels and in both behind them, pull apart existing communities. They are Houses of Parliament. We will come back to this House people’s homes. It may be that many disabled people when that work is complete. Of course, the two Departments wish to move from their existing setting, but others do will work closely with the relevant Select Committees to not. answer questions and discuss the issues in the weeks Robert Holmes is 39. I met his mother, Grace, two ahead. months ago when out knocking on doors in my I hope and believe that the House will accept that we constituency. She told me about the excellent quality of have done the right thing in starting this conversation care that Robert, who has cerebral palsy, receives at today, in setting out where we have got to in the negotiations Scope’s residential home, Hampton House in Northampton. and in setting out a process that will allow the kind of scrutiny that we were challenged over earlier in the year. 5pm I hope that the three Select Committees feel that we are Motion lapsed (Standing Order No. 9(3)). taking things in the right direction. We have a bit of work left to do. This has been a valuable debate. These Motion made, and Question proposed, That this House are serious issues and the House will have to reach a do now adjourn.—(Anne Milton.) conclusion about our direction on them before too long. I hope that this debate will be the start of a Gavin Shuker: Grace also told me of Scope’s proposals valuable dialogue that helps Members on both sides of to close Hampton House and relocate the residents the House. apart from one another. She said: “All of the residents there are like brothers and sisters to Question put and agreed to. Robert—and some have been there for 39 years. The staff are Resolved, brilliant. Even when residents go to hospital they have a staff That this House has considered the UK’s Justice and Home member with them 24-7…I felt happy knowing that if anything Affairs opt-outs. happened to me Robert was in a place where he was loved and cared for, but now I worry constantly about it.” Business without Debate Ann and Richard Fensome are also my constituents in Luton South. Their daughter, Joanne, is also 39. Ann and Richard report that Joanne, who has cerebral palsy DELEGATED LEGISLATION and is severely disabled, does not wish to move from Motion made, and Question put forthwith (Standing Wakes Hall in Essex—another Scope home earmarked Order No. 118(6)), for closure. They are not alone, and I thank the families who have taken time to contact my office to share their PENSIONS personal and emotional experiences of support for their That the draft Pensions Act 2011 (Consequential and loved ones at this time. Supplementary Provisions) Regulations 2014, which were laid Scope has proposed to close eight residential homes before this House on 17 June, be approved.—(Anne Milton.) and modify another three in the coming years, but it is Question agreed to. not alone in pursuing such proposals. We are seeing the same thing happen with the Guinness Partnership, Home Farm Trust and other smaller charities who feel that residential homes are no longer in step with the Government’s decision and direction on care provision. This debate is important because we must ask: what 551 Residential Home Closures10 JULY 2014 Residential Home Closures 552 about the voice of those disabled people who wish to The Department of Health website looks towards a live in such facilities, but who lose that right because of new system under the Care Act 2014 that will be home closures? What happens when these homes no “built around each person—what they need, how they can best be longer provide the same kind of care they would once cared for, and what they want.” have done? Who ultimately steps in? The tone is very purposely set to encourage patients to I do not have one of the proposed home closures in have more confidence in the choices available to them, my constituency, but I easily found families who will be yet the most important expression of choice is that of profoundly affected by Scope’s decision, and in that my constituents—their choice is to stay in the home sense I suspect that every Member in this place will be that they know and love, and they want their families to affected in some way. The two families I spoke of earlier be assured that their loved ones continue to receive came to Parliament last month to lobby MPs along good quality care by those whom they trust. with Labour’s parliamentary candidate for Northampton Scope has made efforts to bring residents on board North and former Member of this House, Sally Keeble. with its new strategy. Hampton House residents have She has been tireless in her work on this issue, but she had the opportunity to visit the type of independent has not been alone. Indeed, I have spoken to a number housing that Scope envisages—small clusters of individual of Members from across the House who have raised properties. Although that will appeal to some, the their concerns directly with me. overwhelming feedback was concern. They fear that the The hon. Member for Northampton North (Michael move will result in the residents becoming more isolated, Ellis), who is in his place, has challenged the decision to and in a loss of the easy mobility and companionship consult on shutting Hampton House in his constituency. that they currently enjoy. The move will appeal to some, The hon. Member for Witham (Priti Patel) has shared but we should take note of that overwhelming feedback. her concerns with me about the decision to consult on I would appreciate the following response from the the closure of Wakes Hall in the nearby constituency of Minister. First, I should like him to review that broad the hon. Member for Harwich and North Essex issue and report to the House. The review should set out (Mr Jenkin), and I know that she spoke at a lobby on what work the Government have done on the changing that issue last month. The hon. Member for Ribble culture—the shift from residential care home settings Valley (Mr Evans) and former Deputy Speaker spoke for disabled people while at the same time preserving with me about his concerns for the residents affected. In the rights and choices of people such as Joanne and my constituency office in Luton, Grace Holmes and the Robert to stay in residential home settings. Fensomes highly praised Scope’s approach to care. They If the care home residents were tenants in the housing spoke of the quality of support that their children market, they would have tenure rights, exercisable through receive, and the relationships that they have built with the courts. As customers of a business or clients of a the staff over the years. As an example of their gratitude charity, they can lose their homes on the whim of a for the charity’s work, they shared how they have actively change in strategy by the organisation. That could supported Scope for a number of years. Perhaps that is happen even in the case of Hampton House, where one why they are so disappointed by Scope’s proposals. resident has lived for some 39 years. They raised concerns with me about the consultation process, the upset it was causing residents, and a number The review should examine the issue of choice. Questions of process issues. At the core of their argument, however, have been raised about the working of the Mental was the issue of choice. Capacity Act 2005, and about the exercising of choice by people who have profound learning difficulties. Who Peter Walker, Scope’s regional director, recently told is best able to interpret and assist in their choices: the a local newspaper that the charity was looking to close charity that provides their accommodation or their care homes such as these, family members? “because we don’t think this kind of old-fashioned care home offers disabled people the kind of say that everyone else has over The review should examine the accountability of where they live, who they live with and how their money is spent”. charities and the private sector. If those homes were run Scope states that the closures are necessary in order in the public sector, there would be a statutory requirement to comply with the direction of Government policy, for public consultation. The issues and information which is to encourage those with physical and learning would be public, and the results would be open to legal difficulties to enjoy independent living and choice about challenge. In the case of Hampton House, Scope has the care they receive. I have no reason to doubt that said there will be a consultation, but it has told family assertion, and that Scope’s desire is to give future service members verbally that that is unlikely to change the users an experience that reflects their expectations. I am decision to close the home. The decision is not open to fully supportive of the move towards more independent scrutiny or challenge in the same way. living for those who believe that they will be able to lead The review should also examine a national framework better lives in that way. My hon. Friend the Member for of safeguards. People with very complex needs require Leicester West (Liz Kendall), the shadow Minister for security in their housing and care arrangements throughout care and older people, has similarly expressed her support their lifetime, which may extend well beyond the lives of for those laudable aims in correspondence with Scope’s their parents or other close relatives. We know that age chief executive, but for Joanne and Robert, who do not is a key factor in the argument. Some charities say that wish to move, their choice is not being enhanced; it is younger disabled people want to live independently being taken away. I understand that they are among the and, anecdotally, I have been told that more independent most vulnerable of Scope’s clients. They are the people living is a trend that is better reflected among some that the charity was set up to care for. For them, younger disabled people. However, that leaves us with a round-the-clock care does not come towards the end of challenge, particularly for some older disabled people, their lives, and they will continue to need such care for such as those in their 40s or 50s. In some cases, the decades to come. intentional communities in which they live have been 553 Residential Home Closures10 JULY 2014 Residential Home Closures 554

[Gavin Shuker] Michael Ellis: I agree: it is a sense of community and a sense of belonging. It is very easy for those outside their homes for all their adult lives. The Government that community to think that this is an institution that should examine whether their sectoral needs are being needs change—that we need to modernise and move well met, and what safeguards should be appropriately forward. There may be—indeed, there is—room for awarded to them. such modernisation and moving forward in many cases, Will the Minister review Scope’s proposed consultation but not in every case and not by taking a broad-brush and examine whether more can be done to protect the approach. There must be alternatives. I would respectfully rights of disabled people who wish to live in these ask Scope to work with us across the political divide residential settings right now? Indeed, a number of and with the residents. Let us find an alternative. families, accepting Scope’s position that it does not wish to continue actively supporting these institutions, ask 5.15 pm whether facilities could be transferred to another charity The Minister of State, Department of Health (Norman to run. That would provide continuity of service. I Lamb): I thank the hon. Member for Luton South understand that Scope’s position is that it is not an (Gavin Shuker) for securing this debate and for speaking economic concern that has led it to take this route of in a reasonable tone about issues of enormous concern consultation and closing homes, so it is credible to to some of his constituents. I very much noted the fact believe that another organisation could absorb them. that they have told him that they have experienced good I do not doubt the Minister’s sincerity in seeking to care. They regard the care home as their home. In a way, move to a care system where disabled people have that demonstrates the conflict that sometimes arises, in greater choice, voice and control over their own lives. It that there is a general trend towards more people wanting would, however, be the greatest of ironies if, in undertaking to live in their own communities with support, as the such a shift, we were to leave a generation or a group of hon. Gentleman rightly said. He described his sense severely disabled people behind. that he would want to remain in his own home were he to be disabled, but at the same time there are those who 5.11 pm regard a care home as their home and they have no Michael Ellis (Northampton North) (Con): I congratulate desire to change that. It is right to recognise that that the hon. Member for Luton South (Gavin Shuker) on conflict exists, and it creates a dilemma. securing this debate. I am grateful to him, and to you, The hon. Gentleman suggested that, in a way, Scope Madam Deputy Speaker, for permitting me to contribute was closing the home because of Government policy. to this important Adjournment debate, as the regular Government policy, as enshrined in the Care Act 2014, proceedings do not normally allow for that. The hon. is to put people in charge—to focus on well-being, Gentleman spoke very well and advocated his position which is the central theme of the Care Act. As far as very effectively. I agree with much of what he said. possible, it should be the individual who determines I admire Scope, as I am sure the hon. Member for where they want to be. I have spoken to Richard Hawkes, Luton South does. It is an excellent charity and its staff the chief executive of Scope. Scope is very clear that this do wonderful work. They clearly care about the people is its decision: it wants to do it and is doing so for what in their charge, for whom they are duty bound to care. it regards as a good purpose. However, the Government’s Hampton House, in my constituency, should not close. focus is simply on the individual—on ensuring that, as It should not close for the very reason that it is not an far as possible, we enable people to make the decision institution, but a home for more than a dozen people. that is right for them, recognising, however, the conflict We are told that this is not about economics, Government that can arise. policy or local authority decisions; it is a policy shift. Care homes often look after some very frail people, There has been a decision to move away from a residential but also individuals with quite complex needs. It is setting to more of a care home setting. This may well understandable and reasonable that, should there be a work in many cases—the hon. Gentleman alluded to possibility of a care home closing, residents and their them—especially for those who are disabled who are families will be extremely concerned about the future, entering this kind of care arrangement, but it does not particularly with the upheaval of having to move. It will work, and is not working, for those who have lived in inevitably be an unsettling and potentially stressful Hampton House in my constituency for literally decades, time. The decision to close a care home voluntarily is and in one case nearly four decades. taken by the owner or operator—either the local council, In the very short time allowed to me in this instance, I where that remains the case, or, if it is an independent want to put on record my suggestion that we work home, the proprietor, whether the home is in the private together with Scope to find an alternative to its proposal or the voluntary sector. Of the approximately 17,000 to close Hampton House, and ask it to please look care and nursing homes in England these days, over again and please think again. Those who have lived 90% are in the independent sector—that has been the there for decades are firmly wedded to its atmosphere, case for many years—and are owned and operated by staff and ambience—to everything about home—as private companies or charitable and voluntary sector you or I, Madam Deputy Speaker, would be. There organisations such as Scope. must be alternatives. Homes may close for a variety of reasons, including lack of financial viability and/or insufficient demand John Howell (Henley) (Con): The point is that the for places, retirement of the owners, the sale of premises sense of community is being destroyed. Whatever for alternative use and even the de-registration of unsuitable arrangement we come to with Scope, we have to find a or unsafe services as a result of the Care Quality way of keeping that sense of community for the people Commission’s intervention. In the case of Scope, the who want to keep it. organisation is looking to redesign the services it provides 555 Residential Home Closures10 JULY 2014 Residential Home Closures 556 to support people. It is important that people who need it intends to keep open—eight of them, as I think the care and support are accommodated in appropriate hon. Gentleman mentioned. Scope appreciates that many settings that are based, critically, on their choice as far residents are happy in its homes, but has to face the fact as possible. It is clearly not desirable if someone has to that there is a lessening demand for large, traditional move from a care home where they are settled and residential care services. happy and where their needs are being met. Richard Hawkes as chief executive, made the point to Local authorities have a responsibility, through good me that more people are taking on personal budgets—a commissioning strategies, to ensure a healthy local care concept substantially and rightly developed under the home sector. Through the Care Act 2014, which will previous Government and one that is continued by this come into force next April, we are giving local authorities Government and now legislated for in the Care Act a core duty to promote their local care market, with a 2014. The concept was designed to put the individual in particular focus on ensuring diversity, quality and charge, so that they can determine how the money sustainability.Importantly, they should ensure that sufficient available for their care is spent to meet their particular high-quality services are available to meet the needs of priorities. As people take on personal budgets, according individuals in their local area. However, although local to Richard Hawkes, they are increasingly voting with authorities should make all reasonable efforts to ensure their feet and choosing not to go into larger care homes, that good care homes remain viable and stay open, which often have long corridors, shared bathrooms and there will be situations where homes have to close or so forth. They are increasingly choosing to remain in where the proprietors choose to close them. We have to supported living if possible with a package of care built face this. What is most important is that any decision around their individual needs. Scope is reviewing its to close a home should be handled sensitively and services now, so that decisions can be made and, if need appropriately. It is essential that person-centred care be, homes closed in a controlled, planned manner before planning identifies the best possible alternative for each vacancy levels make them unviable. individual. Adequate time should be allowed for the process, so that residents and their relatives can be Richard Hawkes also told me about an experience properly involved and be given plenty of time to make that Scope has been through in Southampton. It proposed decisions and arrangements in a way that minimises to close a care home, leading to the same totally legitimate stress. anxieties and concerns. It went through the process and I must emphasise that, should a home have to close, all the individuals in the home have been relocated in local authorities have a statutory duty to arrange suitable circumstances that suit those individuals, with their alternative accommodation for those residents who are having a central say in where they are going to go. He assessed as being in need of residential care, so it should tells me—I base my comments just on what he says—that never be the case that someone who needs residential all now appear to be happier with their new circumstances care will not be provided with it. I fully appreciate, and are finding a new sense of freedom that they did however, that that does not reassure someone who not experience in the past. Although these changes to regards a particular building and set of care workers as circumstances can be traumatic and difficult, the end-result, their home and their home environment. as demonstrated in the experience of Southampton, can I am aware that some providers of residential care for sometimes be a good one for the individuals involved. I disabled people—including the charity for disabled people, realise, though, that elderly parents in particular will Scope—are reviewing their residential services and are sometimes find that quite hard to recognise. consulting users of services and their families. I appreciate, It is worth taking a moment to look at the history of as I have said, that this can be an extraordinarily this issue. Many traditional, large residential care homes worrying time and a stressful situation both for the are quite old now. A number of Scope’s homes date people in those homes and for their families. Parents of back to the 1970s. They were developed in—and designed adult disabled people are often themselves quite elderly, to suit the needs and demands of—a different era. By which can cause additional stress. The hon. Gentleman modern standards, they lack privacy, and they do not touched on that when he talked about his constituent. I allow residents the degree of freedom, choice and control would encourage the residents and their families fully to that we rightly expect and demand nowadays. As a engage with the consultation process and ensure that result, many Scope homes are under-occupied. The their views are taken into account. increasing availability of new models and types of care, Scope has given an assurance to the Department of support and accommodation means that traditional Health that it is committed to ensuring that all users of large care homes are no longer the default or only its services who may be affected are properly consulted option when it comes to providing care and support for and supported. It has promised to provide any individual people with disabilities. who needs it with advocacy so that every resident of its homes can understand what the proposals mean for Innovations and developments in supported living, them and can make it clear what they want for the and the various types of housing with care that are future. Richard Hawkes told me that Scope has even available these days, offer disabled people far more provided care workers to come down to Parliament to choice than they ever had in the past, and control over support people who were lobbying their MPs against their lives. I am sure that, ultimately, we should all the closures. It says that it has tried to be as reasonable welcome that. Scope has informed us that, owing to the as possible. This process will not, Scope says, be rushed newer options that have become available, local authorities or hurried. It has informed the Department that the do not automatically make routine new placements in consultation will take place over a period of three years. residential care, and it expects the number of empty Scope runs many other care homes that will remain places in its older homes to continue to rise. In the long open. There is a particular focus on the larger care term, it can only be a good thing that people have so homes, but there are also many smaller care homes that many more choices when it comes to the care that is 557 Residential Home Closures10 JULY 2014 Residential Home Closures 558

[Norman Lamb] meet their individual needs. It also requires that they must be involved in care planning. Some, of course, will available to them, but, as I have said, I entirely appreciate need and benefit from residential care. There will always that, as with any change, the process is not without its be an important job for care homes to do. However, for short-term challenges. others a different model of care may now be more The Government want to give people more control appropriate to their needs, and, most importantly, to over their health and social care services, and, therefore, their aspirations and desire to lead the sort of independent over their lives. That is the central ambition of the Care life that all the rest of us take for granted. Act. Personalisation means building support around We are committed to ensuring that people who wish individuals and providing more choice, control and and are able to live in their communities are given the flexibility in the way in which they receive care and support that they need in order to do so. Everyone, support, regardless of the setting in which they receive especially younger adults—including those with a learning it. There is no central policy, incidentally, that says care disability—should have the opportunity to make informed homes are bad: absolutely not. It is a question of what choices about where and with whom they live, and to is right for the individual involved. have greater choice and control over their lives and support to help them to lead a fulfilling life of their The Care Act provides a new legislative focus on own. personalisation, increasing opportunities for greater choice, control and independence, so that people can choose Question put and agreed to. the services that are best suited to meet their care and support needs. The Act provides that adults who are 5.28 pm eligible for care and support must receive services that House adjourned. 143WH 10 JULY 2014 Jobcentre Plus 144WH

Not for the first time, my Committee called for a Westminster Hall much more systematic approach to the initial assessment of claimants’ needs. A classification instrument, to use the jargon, was the first of our key recommendations. Thursday 10 July 2014 In plain English, that means making a thorough, systematic assessment of each claimant’s needs and categorising [MR DAVID AMESS in the Chair] them according to the level of support they require. That must surely be the logical first step in all effective employment support; otherwise, claimants with the most Jobcentre Plus challenging barriers to employment will continue to be [Relevant documents: Second Report of the Work and poorly supported and will remain unemployed for much Pensions Committee, The role of Jobcentre Plus in the longer than they should. reformed welfare system, HC 479, and the Government For some reason, however, the Government continue Response, HC 1210.] to dither on the issue. The Department for Work and Motion made, and Question proposed, That the sitting Pensions told us that classification instruments are the be now adjourned.—(Mr Desmond Swayne.) holy grail. I thought universal credit was the holy grail of welfare reform—if so, it has not been found—but if 1.30 pm the holy grail is classification instruments, it has already been found. They are already in use in Australia, where Dame Anne Begg (Aberdeen South) (Lab): I am a jobseeker classification instrument has been used to delighted to lead this debate on the report by the Select good effect for more than 15 years and has been honed Committee on Work and Pensions, “The role of Jobcentre and improved through several iterations during that Plus in the reformed welfare system”. It is a bit of a time. I would be grateful if the Minister could offer a mouthful, but the report contains a lot of interesting proper explanation as to why we in the UK cannot things. We published it at the end of January this year, replicate something similar here. and the Government responded at the beginning of April. It seems a long time between that and this debate, but that is because Parliament prorogued somewhat Stephen Timms (East Ham) (Lab): I welcome the earlier than expected and our debate got dropped as a report. One of the points it makes is that the Government’s result. Some of our findings, therefore, might be slightly response on that issue was not entirely clear: was it that out of date, but in general, most of what we discovered they cannot do that kind of segmentation assessment, when we considered the work of Jobcentre Plus is as or was it that they are developing something along relevant today as it was in April and May. those lines? It was not clear to me from the Government Jobcentre Plus is at the coal face of the benefits response which of those was the Government’s position. system. It is part of an administrative system that Has my hon. Friend been able to work that out? processes out-of-work benefit claims from hundreds of thousands of people each year. At the same time, its Dame Anne Begg: I am not sure whether I can shed staff work with people one-to-one to help get them off any more light on that than my right hon. Friend. benefits and hopefully back to work. They are both Perhaps the Minister can reply. Certainly, in our briefings difficult tasks, but Jobcentre Plus performs them well with the DWP and relevant officials, they have suggested with limited resources. It is well organised, has hard-working that the Government are trying to work something out, staff and has been officially recognised by the National but that either they believe it is not effective—although Audit Office as offering value for public money. Jobcentre the figures that they quoted to us did not necessarily Plus has also coped well with the inherent uncertainty have the interpretation that could have been made from that it faces, not least from the large fluctuations in the the reports that have been published—or it might cost claimant count brought about by the economy’s shifting too much money in the long run, because an up-front fortunes. It has even coped with the innumerable policy payment would inevitably be involved in setting up a changes imposed by the Government. classification system. It was in the context of the unprecedented change The Committee contends, however, that doing it properly brought about by the current Government’s extensive at the beginning would ultimately save the Government welfare reform agenda that we considered Jobcentre money by ensuring that the correct level of help was Plus’s effectiveness now and the challenges that it will given and that the barriers to work were identified early, face in future. Our central finding was that JCP is not so that a much more personalised approach could be currently good at prioritising those claimants who need taken to jobseekers in particularly vulnerable groups. the most help looking for work and providing them We are talking about more vulnerable and difficult-to-reach with the personalised support that they need. I know groups, because we know that by any measure, Jobcentre that that is no easy task, and given the volume of Plus is relatively successful in getting mainstream jobseekers out-of-work claims made each year, Jobcentre Plus does into work. That is what it does; it is Jobcentre Plus’s remarkably well, but a range of witnesses, particularly bread and butter. It is what staff do week in and week those representing the most vulnerable groups, told the out. same story: there is generally very little in-depth assessment of claimants’ needs at the start of the job-seeking process, meaning that claimants facing particular Stephen Timms: One point in the Government response disadvantages—the homeless, people with disabilities is that if there were such a tool, it would be only 70% or people with drug or alcohol problems—all too often accurate. That struck me as not bad, actually, compared go unrecognised and get no help beyond a brief fortnightly with what happens at the moment. What did my hon. signing-on meeting at the jobcentre. Friend think of that particular statistic? 145WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 146WH

Dame Anne Begg: We have been consistent in requesting Sheila Gilmore (Edinburgh East) (Lab): The other that the Department introduce a classification tool, so side of the question of what is being measured is the the Select Committee has certainly been convinced of lack of any measurement and follow-up on people who the efficacy of such a tool, and 70% seems not too bad. are not moving into work—it appears that no record is I think the figure ranged between 50% and 70%, but kept. A large number of people flow off benefit, but not that is better than nothing. At the moment, it can be a only do they not flow into sustainable employment, bit hit and miss whether someone is even identified as they appear not to flow into employment at all. homeless. Their personal adviser has to recognise that the address they have given indicates that they may be Dame Anne Begg: I think people would be surprised homeless. As well, people with mental health problems to learn that Jobcentre Plus does not routinely record will not necessarily reveal all in a short, cursory interview the reason why someone leaves benefit. As far as JCP is with a complete stranger, but that kind of information concerned, because the primary focus is on benefit would be and is useful to anybody trying to get an off-flows, the important thing is that the person is no individual into work or back into the workplace. longer on a job-seeking benefit. However, as my hon. Our report recognised that JCP is good at what it is Friend says, why are they no longer on a benefit? It currently being asked to do: it has become adept at could be because they have a new job—that is what we getting people off benefit in as short a time as possible. hope—and it is possible that they have transferred to a Since April 2011, JCP’s primary performance measure different benefit because they have become ill, but they has been what is called “benefit off-flow”. The old might be in prison or have gone into the black economy. mantra “What gets measured gets done” certainly comes We do not know, and nor does JCP because it does not to mind. About 75% of jobseeker’s allowance claimants gather that information or track claimants’ destinations. come off benefit within six months, and some 90% are We think it is important that JCP does that in order to off benefit within a year. But—and this is a big “but”—is judge how efficient and effective its work is. getting someone off benefit quickly always good enough? At some point, hopefully in the not-too-distant future, Is off benefit always a good and sustainable outcome? off-benefit is likely to cease to make much sense as a Our answer to those questions was a clear no. The performance measure, particularly with the introduction evidence suggests that measuring JCP performance of universal credit. I think Members agree that a system primarily by benefit off-flow is unsophisticated. Jobcentre that merges out-of-work benefits and in-work tax credits, staff are likely to say to themselves, “Let’s concentrate and in which benefits taper off gradually as earnings our efforts on people who are most likely to come off increase, would be a huge step forward. That is what benefits quickly—we need to meet our 13-week target—and universal credit is intended to do, but it will require let’s keep a very close eye on anyone coming up to 26, creative thinking from the Government about new 39 or 52 weeks on benefit too.” Who can blame them for performance measures for JCP. that? That is how their efficiency and effectiveness is The Department says that it will think about how to measured, and that is the task that they have been set by formulate such measures once universal credit is Ministers, but JCP needs to be incentivised to take a implemented—whenever that is going to be. We think more sophisticated approach. that it should be thinking about and testing them now, not leaving it until much later. Even if universal credit Our second key recommendation was that JCP’s continues to slow down, the Committee certainly thinks performance measures be amended to ensure that Jobcentre that the development of a new measure is worth while staff are more clearly incentivised to get people not just anyway, whether in conjunction with universal credit or off benefit but into sustainable and long-term employment. not. The Department must pilot more meaningful performance measures that track JCP’s effectiveness at Nigel Mills (Amber Valley) (Con): Does the hon. getting people into work and helping them to stay there Lady agree that that would also tie in with the way we for the long term. I hope that the Minister can reassure assess the Work programme providers and make much us that the Government understand the importance of more sense in the world of universal credit, assuming achieving longer-term positive employment outcomes. that it is fully rolled out? Under universal credit, people Another part of our report that has received quite a will not be coming off benefit. Their level of benefit will lot of attention—perhaps because many Members have perhaps decline based on how much work they are experience of it in their constituencies—is Jobcentre doing, but their level of work could fluctuate from week Plus’s use of sanctions. There is an inherent tension in to week or month to month, so the measurement would what JCP does, between helping and supporting people be largely meaningless. to find work on the one hand, and, on the other, enforcing strict rules, including financial penalties for Dame Anne Begg: Indeed; that was one of the things claimants deemed not to be trying hard enough to find we pointed out in our report. We drew particular attention work. Such is the everyday experience of the Jobcentre to it in our more recent report on the implementation of Plus adviser and the job-seeking benefit claimant, and it universal credit, which was debated in the Chamber on can make for an uneasy relationship. Monday—that is two reports in a week, showing that we are a really busy Committee. Although we might be Pamela Nash (Airdrie and Shotts) (Lab): Does my sceptical of how far universal credit is being rolled out, hon. Friend share my concern about sanctions data? In there is no doubt that, as my friend the hon. Gentleman preparation for this debate, I requested figures on sanctions pointed out—he is my friend because he is on the Select from my local jobcentre. The staff there said that they Committee—its introduction provides an opportunity had not received any data back since March and so are for the Government to think differently about how to themselves unable to keep track of the number of measure the real success of Jobcentre Plus. sanctions being issued and the reasons for them. 147WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 148WH

Dame Anne Begg: I see the Minister taking a note, so claimants who are not doing enough to find work, but hopefully she will address that in her response. It is does it actually work? The evidence seems flimsy at important that we track very carefully not only the best. If so many people are having to be sanctioned, number of sanctions but to whom they are issued. presumably the punishment is not working. If the Almost by definition, the payment of unemployment punishment is supposed to reform behaviour, why are benefit has always been conditional. To get the dole, people being sanctioned more than once and why are people had to prove that they were both out of and the numbers so high? As an ex-teacher, I always thought looking for work. The concept of conditionality is not that I had failed if I had to repeat a punishment, or new, but conditionality enforced by financial sanctions indeed if I had to carry out the punishment, because the is much newer. My Committee’s view has been consistent threats had not worked beforehand. throughout this Parliament: we agree that a conditionality There is certainly a need to find out whether these regime is necessary, but have noted the lack of evidence sanctions are just punitive, whether they are just to that sanctions on their own incentivise claimants to increase the numbers of people off-flowing from benefits, look for work. or whether they are working more effectively. There is Meanwhile, the system has become progressively more evidence that sanctions increase benefit off-flow because stringent and punitive. Tougher sanctions legislated for people who are not receiving any money do not bother in the Welfare Reform Act 2012 include stopping a to turn up to sign on. Of course, if they turn up to sign claimant’s jobseeker’s allowance for three years; prior to on, they remain on the unemployment register, but if the Act coming into force, the maximum sanction was they do not turn up they drop off it. That is another six months. Not only have sanctions become tougher, reason why benefit off-flow does not necessarily indicate but they have been applied much more frequently in a positive outcome. recent years. The pre-eminent expert in this field, Dr David The Public and Commercial Services Union represents Webster of the university of Glasgow, highlighted a Jobcentre Plus staff, who are the real experts on this “dramatic rise” in the use of sanctions under the coalition issue, and it told us that sanctioning Government. “just does not work in terms of getting people into work.” Currently, if someone is on JSA for any length of Perhaps the Minister can refer to some hard evidence to time, there is a good chance that they will suffer a the contrary—evidence that sanctioning has a positive sanction. Sanctions do not happen only to a small impact on employment outcomes—as the Government’s minority; some 860,000 people were sanctioned in the response to our report could not do so. year to June 2013. That is almost 1 million in a year, and the more recent figure might have reached that level, What about the impact of sanctions on claimants? although it is difficult to find out the exact figures Do they cause severe financial hardship? Some witnesses locally. Over 5% of all JSA claimants are sanctioned were convinced that they do, to the extent that claimants every month, and that proportion rises to over 8% for often require charitable handouts to feed themselves jobseekers aged between 18 and 24. We should ask and their families. During our inquiry, Oxfam and whether that is a reasonable proportion—is that the Church Action on Poverty published a report that made proportion of JSA claimants who are not doing enough a direct link between the undoubted increase in sanctions to find work? It seems particularly high to me. and the unquestionable increase in referrals to food banks during the past few years, and many hon. Members The evidence we heard suggests that it is not a reasonable wrote to the Committee to ask us to look specifically at proportion, and that a significant number of sanctions this particular issue. The report estimated that in May are incorrectly and unjustly applied. There are innumerable 2013 half a million people in the UK were reliant on examples of people being wrongly sanctioned, and I food aid, and that up to half of that number turn to suspect that some colleagues might want to discuss food banks some from their own constituencies. Many people—we heard lots of examples—have been sanctioned for missing “as a direct result of having benefit payments delayed, reduced, or withdrawn altogether”. a jobcentre appointment when they had good cause and had informed Jobcentre Plus in advance or, indeed, had So, some of that is about sanctions, but in other cases it not received notification of the meeting until after it is about the barriers that many people face in accessing was due to have taken place. the welfare system, including benefits. A wide range of witnesses believed that JCP staff The Trussell Trust recently published data that showed were generally much too quick to refer a claimant for a a 54% increase from 2012-13 to 2013-14 in the number sanction. We were given many real-life examples of JCP of meals provided by food banks. In total, some 20 million applying the strict letter of the law in circumstances in meals were given out to people in food poverty last year. which common sense would suggest that discretion We were unable to confirm a conclusive causal link should have been applied. Just yesterday I heard an between sanctions and food poverty, as there are insufficient example of an older person who had fallen out of work hard data on this issue. While JCP does refer people to and was sent off to use Universal Jobmatch, the new food banks, for some reason it does not record the computerised job-search system that all JSA claimants number of referrals it makes or the reasons for those have to use to apply for jobs. But this person had no IT referrals. skills, and so was sanctioned for not applying for enough I think that is bizarre. By their own admission, it is jobs. That is the kind of thing that we feel should be sometimes necessary for the Government of the UK in weeded out of the system, because it does not demonstrate the 21st century to refer people to food banks because the proper use of sanctions. they cannot afford to feed themselves or their families, What is the impact of all these sanctions? The truth is but the Government do not take a note of how often that we do not really know. The assumption of the that happens. I cannot understand why they would not policy is that it will positively affect the behaviour of want to know why this is happening but, judging from 149WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 150WH

[Dame Anne Begg] company that developed Universal Jobmatch; improvements depends on what the DWP asks the company to do and their response to our report, it would appear that what it is willing to pay for. they do not want to know. They reject outright our Universal Jobmatch is currently a pretty basic online recommendation that the DWP monitors the extent of jobs board. To transform the job-seeking experience, financial hardship caused by sanctions, including collecting the system needs further development to provide, for and publishing data on the number of claimants referred example, the functionality to offer online training modules to food banks by JCP. I look forward to the Minister or to assess the quality of claimants’CVs. The Government’s explaining why the DWP could not accept this perfectly response to our report talks vaguely about planned sensible recommendation. updates to the system. I would be grateful for some Our other key recommendation in this area was for a more detail today on the Government’s plans to improve thorough and fundamental independent review of the the functionality of Universal Jobmatch, because I am operation of the conditionality and sanctions regime pretty sure that the people who run the system would be across the jobcentre network. We want a much wider happy to do more work in that area. reaching review than the limited one recently undertaken More worryingly, we found that the DWP appeared by Matt Oakley, whose report—by the way—is now to have very little oversight of the vacancies being more than three months overdue. We understand that it posted on Universal Jobmatch. Witnesses reported seeing has been finished, but it has not been published. highly dubious vacancies, such as for “diplomats” in the The review that we called for would investigate whether north-east of England; large numbers of duplicate sanctions are being made appropriately, fairly and vacancies; and a significant number of vacancies that proportionately across the jobcentre network; the link were no longer in date. This issue is extremely important. between sanctions and benefit off-flow; and, crucially, Universal Jobmatch is increasingly being used to monitor whether sanctions are having the desired effect of claimants’ job-seeking, and to check that they are fulfilling encouraging claimants to engage more actively in job- their obligations to look for work and apply for jobs. seeking. With a significant proportion of dubious, duplicate and In evidence given to us, the Minister appeared to out-of-date vacancies on the system, claimants could be provide an assurance that a proper and in-depth review, wasting their time applying for vacancies that offer no along the lines that we suggested, would happen. In prospect of employment, and they could even face fact, she told us that she had “already started” on one. sanctions if they refuse to use the system. Perhaps she can now explain why the DWP has utterly The Government “partly agreed” with us that the backtracked from that position. It is very clear from the oversight of Universal Jobmatch needed to increase. Government’s response to our report that there are no Will the Minister set out what the DWP has done so far plans for a second, broader independent review. The to purge the system of those types of vacancies, which Oakley review looks only at communications, but I threaten to undermine its effectiveness? Just today, I would have thought that it was crucial for the Government received a briefing from Monster Government Solutions, to find out whether or not the sanctions regime actually in which it said it had been working hard to provide an works. update on fraudulent and duplicate job postings. However, The use of sanctions has been increasing inexorably I know from experience that it is quite easy to post a job in recent times, but what is the evidence that sanctions on Universal Jobmatch, whereas it has actually got are having a positive effect on the behaviour of job-seeking much more difficult to take it down. benefit claimants? Given the widespread concerns about My right hon. Friend the Member for Birkenhead the severe impacts that sanctions can have, and the (Mr Field) and the media have highlighted a very worrying tensions they inevitably create in the relationships between issue, which is the appearance of fraudulent jobs or jobs JCP advisers and the jobseekers they are trying to help, that would defraud the claimant. The incident highlighted surely it is time to establish whether or not they actually by my right hon. Friend involved a bogus employer work? fraudulently charging jobseekers £65 for “criminal My final set of recommendations concerns the issues background checks” as part of a supposed recruitment with the Universal Jobmatch system. Trying to match process, only for the jobseekers to arrive for what they jobseekers to suitable job vacancies is a core task for anticipated would be their first day in a new job and JCP. For years, the system involved jobseekers checking finding that no job existed. The concern is that Universal vacancies posted on cards stuck on boards in the jobcentre. Jobmatch is open to abuse of this kind because it has Things have moved on quite a way from there, through been designed as a self-service system, making it easier vacancy databases to “job points” in the jobcentre, and for employers to use. In effect, this means that anyone Universal Jobmatch is the latest development. It is can advertise on the site with a few clicks of a mouse, essentially a recruitment website, with a vacancy database and it can make a job more difficult to take down. and an online platform through which benefit claimants The Minister told us in her reply to our letter that the and other jobseekers—that is quite important to point number of fraud cases was “very low” and that DWP out, as other jobseekers are able to access this system has too—can search for and apply for jobs. “well-established procedures to minimise the risks of fraud occurring” Expert witnesses broadly felt that Universal Jobmatch on Universal Jobmatch. I should be grateful if the represented an improvement on previous systems, and Minister reassured us today that DWP takes fraudulent they also believed that it had huge potential to improve use of the system seriously and if she updated us on the the efficiency and effectiveness of claimants’ job-seeking. actions the Government are taking to tighten up the However, improvements to its functionality are required system, to protect claimants from this type of unscrupulous if it is to reach that potential, but that is not the behaviour and from being accused of not applying for responsibility of Monster Government Solutions, the jobs that do not exist. 151WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 152WH

Our report highlighted the fact that JCP staff have for those furthest away from the workplace, but about proved themselves capable of responding well to change trying to save time in respect of those who will clearly and continue to deliver a value-for-money service under find it easy to find a job. There was discussion about difficult circumstances. However, it is crucial that the some people getting lots of face-time support, although systems they are asked to administer work in the best they did not need it, and about using that time better for interests of benefit claimants and taxpayers. It was not those who are much more needy. clear to us in the course of our inquiry that that is The problem is, however, that if there is no tool at the always the case. I look forward to the Minister’s response outset to enable people to work out who needs what, to the specific points I have raised. those details are difficult to find out. I support what the Chairman said: we need to look properly at such a tool. 2pm The Government have considered the matter, but at the moment we have no clarity about what they are doing Anne Marie Morris (Newton Abbot) (Con): I am and what the options are. We need to know, because it is pleased to serve under your chairmanship, Mr Amess. an important issue, and not only from an economic It is always a great pleasure to follow the hon. Member point of view. Why spend time and resource on those for Aberdeen South (Dame Anne Begg), who is a first who least need it, when those who need it are not being class Chairman of our Select Committee. It is to her best helped to get to the workplace? credit that she looks at these issues in such detail and The Chairman’s second point on advice and support manages to ensure that we have a reasonably fair debate was about the particular challenge of employment and across both sides of the House. support allowance claimants—particularly those in the The issue has been well put forward and well summarised. work-related activity group, those with fluctuating One challenge in debates such as this is that a Select conditions and those with mental health problems. In a Committee report is inevitably a glass half empty rather sense, whatever tool we come up with, that group clearly than half full. Select Committees are not there to look needs particular support. There should at least be some at what is going well; by and large, they hold the means of identifying that group and considering what Government to account and consider what is not working. we can do for it, because as a Committee we share a In many ways, it is not being forcefully said that concern that the work-related activity group is incredibly jobcentres and Jobcentre Plus work remarkably well. wide. It probably would be better to narrow it, if we The hon. Lady said that the National Audit Office could find a better way to make decisions about which stated that they provide value for money and we need to of the three groups individuals fall into. listen to that, because the NAO does not often dish out On the plus side, the feedback that we received about praise. We need to remember that and give the Jobcentre support—the Get Britain Working tool, which contains Plus offices the proportional support and credit that six schemes—suggested that it was working well. That is they deserve. It is with regret that I say that many a positive. jobcentres are on strike today. However, I am pleased to I am particularly concerned that youngsters—and, report that in Newton Abbot we are open for business. indeed, those who have been made redundant and seek As has been mentioned, the key role for Jobcentre to enter the marketplace again—should have the Plus is administering working-age benefit—that is its opportunity to consider self-employment. The all-party first purpose—and providing public employment services group on micro-businesses, of which I am chair, did a for the unemployed, and it seems to me that it does well piece of work looking at all the Work programme on both counts. Let me discuss first its role as an providers, to see how many were able to help people employment service. It needs to do three things: effectively start up their own businesses. It found that fewer than advise and support those looking for work; ensure that half were. claimants fulfil their responsibility to look for work; Certainly, from the feedback that we have received, and support an efficient and flexible labour market, and my experience with the jobcentre in my constituency, matching employees to jobs. there is now a significant amount of support to help As I said, the NAO stated that the Jobcentre Plus people set up their own businesses. Indeed, specialist organisations delivered value for money and that they advisers are doing that in my local jobcentre. That is responded efficiently to policy changes. I note, as a positive. There are good stories of people who have set Committee member, that there are concerns about universal up some interesting, innovative new businesses. credit, because—steady as she goes—it will be a major change. None the less, the NAO must have been aware Sheila Gilmore: Obviously, there has been a big increase of that when producing its report. It was also positive in the number of people who have become self-employed about the ability of Jobcentre Plus to respond to fluctuating in recent years and there are a lot of advantages for numbers, which is a real challenge: managing resource, people in being self-employed. However, does the hon. particularly the numbers that are going to change as the Lady share my concern that the average earnings of benefits system changes, is a challenge. Again, the NAO self-employed people have substantially dropped over was complimentary—and in a time of recession, when that period? There is a danger that, although some Jobcentre Plus would be expected to be under significant people are regarded as being off benefit because they pressure. have gone into self-employment, self-employment is On Jobcentre Plus’s aim of being an employment poorly remunerating them. service, let me look at the issue of effectively providing advice and support. Much of what the Committee Anne Marie Morris: Having set up and run my own Chairman said is right; there is a need for some sort of business, I know just how hard it is. Nobody here would tool to ensure that those who really need help the most say that setting up a business is the way—for most of get it. In our debate, we talked not just about more help us—to become a millionaire; there will be one or two, 153WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 154WH

[Anne Marie Morris] delivered able people, willing to work, who they would not have otherwise found. People came to us to say that but by and large it is a real challenge and the income it is a good tool. from doing so, certainly in the early years, cannot be The other challenge is on trying to make the tool compared to what people might get later. However, it is more accessible and attractive to the smaller business. much better, both psychologically and economically, to The bigger business, in a sense, understands these systems— be in work, whether self-employment or employment. I they have human resources departments and it all makes do not really share the hon. Lady’s concerns. sense. For very small SMEs, it is a different ball game. The Chairman mentioned the claimant fulfilling their We all know that much of the growth and recruitment is responsibilities. Overall, the claimant commitment, which in that area, so we need to find a way to attract more I believe has been entered into by 600,000 individuals, is smaller businesses to use Universal Jobmatch. The positive. I think we all agree that that is a good thing, Chairman referred to the challenge with jobs that have because it provides a feeling of self-worth, and because been filled, spoof jobs and so on. My understanding is more people should be in work than not in work—quite that the Government are already looking at that, but apart from the economic issue. If there is better she is right that the issue is serious and needs to be understanding between the claimant and the adviser addressed. about what exactly is involved, without a sense that it is Another thing that Jobcentre Plus administers is a choice or option to be on benefits, that is the right working-age benefit. Despite the NAO report, there are thing by the taxpayer and by the individual. That is a clear concerns about resource and whether the universal positive step, of which the Government should be proud. credit and the influx of people who have been unsuccessful Of more concern to me and the Chairman, on the on the Work programme—and have to be placed on issue of those who have agreed with an adviser what community work places, found training courses or asked steps they might take to get back into the workplace, is to sign on daily—will increase the work load. It will be the sanctioning process. The Select Committee met a interesting to hear the Minister’s prediction of the number of individuals for whom the process simply had additional need for resource. How can that be met in a not worked, and that is certainly reflected in the constituents flexible way? who come to my surgeries. That issue cannot be ignored, At the end of the day, one of the important things in and it needs to be sorted out. I agree with the Chairman administering a working-age benefits system is to ensure on that point. that it works. One of the Chairman’s key points was From all the evidence we took from Ministers and that if we are simply measuring the number of people officials, I get a sense that, although we might not have off benefit, which is how it works now, we are not the clarity we want on exactly what sort of review might getting any insight into where those who are no longer take place—it might not be the type we want—the claiming have gone. At the end of the day, we are trying Government recognise the problem and want to do to get people into jobs or self-employment, rather than something about it. It will be interesting to hear from just getting them off benefit. the Minister exactly what she is doing and why she Clearly, there are challenges, but I am hopeful that thinks it will be the best way of resolving the problem. the Minister will explain what those are and why there is The very fact that the Government listened and a reluctance to look at them. If a system is about trying introduced the new exemption on the homeless, so that to get people into employment, we need to have a the sanctioning process would not operate in the draconian measure that shows that people have got into employment. and, in many ways, wrong way that it has, is a good Overall, Jobcentre Plus works extremely well and, thing. There is a recognition—much to the credit of frankly, it is to the credit of all parties—the system has Shelter, who I think put forward the campaign—that been going for some time—that it does work so well. the homeless have particular problems in getting to Although we need to address some of the challenges for appointments, because they do not have a home and all the minority who use it, we must never forget the the facilities that those with homes enjoy. strength of what we have. Another aspect of Jobcentre Plus is its role as an employment service. Clearly, one of the main things it 2.15 pm needs to do is provide a flexible labour market. The Debbie Abrahams (Oldham East and Saddleworth) Chairman sensibly referred to the challenges of the (Lab): It is a pleasure to serve under your chairmanship, Universal Jobmatch programme. I found it interesting Mr Amess. It is also a pleasure to follow my colleague to listen to both sides of the debate on that. It is clear on the Select Committee, the hon. Member for Newton that the organisation that operates it is, as she said, Abbot (Anne Marie Morris), who, as always, made a welcome to look at changes and improvements to ensure balanced speech. I am particularly pleased to speak on that it functions better, but I will be very surprised if I behalf of my constituents, many of whom are claimants hear the Minister telling us anything other than, “The and use their Jobcentre Plus, but I also speak on behalf Government are on the case and the tool must work of those who work within the Jobcentre Plus network appropriately.” and more widely within the Department for Work and One concern, expressed by some of the witnesses, is Pensions system. I have been contacted by a number of the challenge of getting a greater range of jobs on the people since the Select Committee started looking at system. Without that range, we will not be able to meet this issue, and I want to air their views as well. the needs of all the different jobseekers. A little bit of My speech will focus on sanctions, which both the marketing needs to be done to ensure that employers up previous speakers have touched on. The Select Committee’s and down the different sectors and sizes of business see report raised concerns on whether sanctions are being Universal Jobmatch as a useful tool. We had evidence applied from a couple of individuals who said that it was a “appropriately, fairly, proportionately and in accordance with the fantastic tool that saved them money in recruiting and rules, across the Jobcentre network.” 155WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 156WH

The principle of conditionality has been accepted across but of course the jobcentre does not stock them. The all the parties represented in the Select Committee and article continues: beyond. It is that if claimants are receiving financial “If someone calls to query an appointment they are told they support from the state, there are conditions around will be sanctioned if they don’t turn up, whatever. She said: ‘The that—on job search and on having regular meetings DWP’s hope is they won’t pursue the claim.’” with jobcentre advisers, for example. That principle is It is shocking. long established and has in recent years been extended Figures for the new sanction regime introduced at the to involve financial penalties or sanctions being applied end of 2012 show that sanctions have increased by 11% to the claimant, with benefit payment being stopped for on the same period and that 1.35 million people on JSA a limited period if the conditions are not met. Even were sanctioned in the first six months, with 553,000 upheld more recently, it has been extended to people who are on appeal. For the same period, 11,400 people on ESA sick or disabled, who can have work preparation conditions, were sanctioned, including a constituent of mine who with associated sanctions, applied to their benefits. had a heart attack in the middle of a work capability As many know, two thirds of those who receive social assessment. The nurse said, “You’re having a heart security payments are in work. The Government have attack. We’re going to have to stop. You’re going to have already mooted that in-work conditionality and to go to hospital.” He received a letter two weeks later conditionality for in-work social security payments is to say that he had been sanctioned. likely. We should remember that and reflect on the The work that Citizens Advice in Manchester did on particular issues we are facing with those on out-of-work the effects of benefit sanctions on claimants showed or ill-health payments. The Welfare Reform Act 2012 that 40% did not receive a letter informing them of their introduced a new regime of sanctions. Instead of a sanction; they just had their money stopped. Over half maximum of six months of sanctions, the maximum of claimants said that they had not received any information period of a JSA benefit sanction is three years. The about how to appeal. minimum is a month. Under the previous system, people When the Minister attended the Work and Pensions could perhaps tide themselves over for a week’s sanction— Committee in November, I asked her how sanctioned they might have been able to borrow off family members JSA claimants would affect JSA claimant figures and or friends. A month, however, is a different kettle of she said that, as long as they kept signing on, they would fish. Later, I will come on to what that change means for be counted. What she did not say, however, is that the so many individuals and families. Department does not keep such data. No one knows how many sanctioned JSA claimants keep signing on. If Many fair-minded people would say, “If you’ve done more than half of those sanctioned do not know that something wrong, it is only right that you should be they can appeal, how many will know they need to sign punished for it.” That was raised by the Committee and on stay on register? Will JCP tell them? I would query has been mentioned today. My colleagues and I, however, that. I did some basic maths: taking the May JSA have received overwhelming evidence, and investigative claimant figure, if 5% of 1.09 million people are sanctioned journalists have highlighted, that people are being every month, the actual JSA claimant figure would be sanctioned for doing nothing wrong at all. They are 1.147 million. It is apparent how the number can be being set up to fail. distorted because the actual JSA claimant figures are A whistleblower—a former JCP adviser—came to not being kept. my constituency office and said that stitching up claimants I also asked the Minister whether she would was part of the job. He referred to a “bullying” culture, commit to a second, broader independent review, as driven from above, in which claimants were constantly mentioned by my hon. Friend the Member for Aberdeen harassed to get them “off flow”, off benefit and off South (Dame Anne Begg), to look at inappropriate register. If advisers resisted pressure from managers, sanctions. At the time, she agreed. The Work and Pensions they were issued with a performance improvement plan, Committee certainly believed she had—it was one of which is the start of a disciplinary procedure. Targets our recommendations—but it is disappointing that the were set for advisers to cover targets for decision makers, commitment has since been reneged on. I ask the Minister resulting in perverse behaviour. He described advisers once more whether she will commit to that important setting claimants up to fail, including making appointments piece of work in light of the compelling and growing about which they had no knowledge so that they were evidence that has come forward since our inquiry and automatically sanctioned when they did not turn up. the potential distortion of the JSA claimant count. That is absolutely outrageous and there is growing The impact of benefit sanctions on people’s lives is evidence that it is happening up and down the country. becoming well documented. The Trussell Trust, which Another whistleblower from the midlands this week runs so many food banks up and down the country, reported the pressure that she is under to meet targets to cites benefit changes and delays, including sanctions, as push people, including the sick and disabled, off benefits, the main reason why people visit it needing help. People such as being told to “disrupt and upset” claimants. The are not able to feed themselves and their families. The article states: principle of social security conditionality is well established and supported, but it needs to be examined in the “Managers repeatedly question them on why more people round, as my hon. Friend said, to ensure that it is haven’t been sanctioned. Letters are sent to the vulnerable who don’t legally have to come in, but in such ambiguous wording that effective and produces the desired behaviour. they look like an order to attend. Tricks are played: those ending Stephen Timms: My hon. Friend is making a powerful their contributory entitlement to a year on ESA need to fill in a form for income-based ESA. But jobcentres are forbidden to case. Regarding the documentation of problems with stock those forms. These ill people’s benefits are suddenly benefit sanctions, has she seen the website devoted to stopped without explanation: if they call, they’re told to collect a the topic? It is entitled “A Selection of Especially Stupid form”— Benefit Sanctions” and contains a raft of ludicrous 157WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 158WH

[Stephen Timms] one, even though they might have had a long and successful work history—perhaps after they have been examples, including the case of her constituent not in the job for a while, their industry has left the area completing his work capability assessment because he completely, or their skills have become completely out had a heart attack in the middle of it. of date—because nothing they have been doing before is still there for them. It is a horrible situation of Debbie Abrahams: I have seen that website. Following someone falling through the holes, because we do not the inquiry and people becoming more aware, a whole realise how much support they need to reskill until they raft of unbelievable examples are coming forward. have been jobseeking hard for six months, and they will As I said, the principle of social security conditionality have become demoralised by failing, and so are getting is well established and supported, but the reports of further from the labour market as the weeks go by. punitive, unfair and inappropriate sanctioning and bullying There is a danger of that awful progress—the longer it behaviour in JCP offices should be a cause for concern. takes someone to find a job, the harder it gets. I urge the Minister not to turn her back on the issue and I agree entirely with having a tool to identify who the people it is affecting this time and to do right thing needs intensive support right at the start, so that we can by committing to an independent review of inappropriate get them the retraining, the new skills or whatever early sanctioning. in the process, rather than leaving it for six months, until the Work programme or, heaven forbid, even until 2.27 pm after the Work programme has failed them as well. That Nigel Mills (Amber Valley) (Con): It is a pleasure to has to be the right answer; a key to enable the Department speak in this debate and to follow the hon. Member for to focus its resources on those who need them, rather Oldham East and Saddleworth (Debbie Abrahams). than risking simply helping those who might not need Members of the Work and Pensions Committee have them. been debating different aspects of the Committee’s work In another situation, Government policy is to ask in various rooms this week, and it is a pleasure to do so jobcentres to do a whole new area of work, in-work again. conditionality. If the journey of claimants with the Trying to think back six months to when the report jobcentre does not end when they find their job—once was published was quite challenging, and it was interesting they have found a job, we want to help, support and to see what has changed since. There have certainly been encourage them, and perhaps even stronger than that, various improvements to various things. I was keen that to increase their hours or their wage rate to get their the Committee held this inquiry because, with all the level of benefit claim down even further—how we find changes to the welfare system, actually trying to work the resources and mechanisms to support people on out where best Jobcentre Plus fits and where it can that continued journey will be a real demand on a contribute the most was not straightforward. At one jobcentre. It will require a different set of skills and extreme, one could say that if the Work programme is approaches of jobcentre staff. Helping someone who the way to go, why do we wait for people, with all their does not have a job to find one in the first place, with different skills, incentives and expertise, to spend a job searches and so on, is different from helping them to whole year unemployed before passing them on? Perhaps increase their skills while in work or to look for extra we should completely divorce the welfare enforcement hours or ways of getting more skills to get promoted. and welfare support roles. We could use providers to do support and Jobcentre Plus could concentrate on How we resource and skill that policy is important if enforcement. It was clear from the evidence received by we are to make in-work conditionality work. Otherwise, the inquiry—I asked that question of nearly every I suspect, it can only be a phone call every few months witness—that there was no motivation for that at all. It to say, “What are you doing to find extra hours?”, would have been costly and would have undermined the “What are you doing to look for a better job somewhere great work that jobcentres do in all our constituencies else?”, or “Do you realise you can’t just stay where you by providing the right amount of support at the right are, doing exactly what you are doing?”, and I am not stages for each individual claimant. The Committee sure that that is a helpful process to get into. Exactly completely rejected the idea of such a divorce and we how we mesh that with universal credit and changes to can see that jobcentres have an important role to play in how advisers approach such situations leaves us looking the future of tackling unemployment. for a relatively fundamental change in work processes. We are left with what the hon. Member for Aberdeen Almost certainly, that means that the existing target—how South (Dame Anne Begg), the Committee’s Chairman, many people can you get off benefits?—will no longer referred to as the holy grail challenge. Everyone recognises be a meaningful target. that we need to provide the right kind of support at the If one of the advantages of universal credit is that right time. In an ideal world, that support would be people can be in work for a few weeks and drop out more individual and focused for some and much more again, but their benefits will go back up automatically, light touch for others. A lot of people who fall out of or they find more work or perhaps their hours fluctuate, work might find more pretty quickly by their own the target to get people off benefits will not apply, endeavours, so they do not need much money spent on because they will not ever be off benefits under the new them. The holy grail is how to work out early in the definition. Currently, people move off out-of-work benefits, process which people need more intensive support and on to tax credits and, heaven forbid, back again. Now, which ones can be left pretty much to their own devices. however, as a way of measuring what we are trying to If we could find an assessment tool to do that, it achieve, we will need to find a more sophisticated would tackle the awful situation of people who have target, one which looks at sustained employment or at fallen out of a job but who will struggle to find another how we follow people into and through their jobs. We 159WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 160WH heard evidence to say that that was a hard thing for finding something that at least gets them used to working jobcentres to do—finding out who people were employed normal working hours and some skills on their CV, by, phoning up the former claimants or their employer— making them more employable. when neither had any great need to engage. If people have found a job and stopped claiming, phoning the Sheila Gilmore: Obviously, it is early days to know jobcentre a few weeks later is not on their agenda. how the post-Work programme arrangements are working, but a complaint of many of my constituents about the Dame Anne Begg: The hon. Gentleman suggests that Work programme was that it was not particularly intensive. people, once they have gone off benefit, are not interested If anything, it was very light touch—“Come in every in engaging at all. One of the excuses that the DWP seven or eight weeks”, and sometimes the only contact gave us for not doing any measure other than the was by phone. It seemed to concentrate everything on benefit calculation was that people did not want to be CV writing and applying for jobs. If the more intensive bothered, or that employers were not interested in letting approach is important, should it not be starting much the jobcentre know that the person was still in a job. earlier than three years into unemployment? Nigel Mills: I agree. I was trying to explore with G4S Nigel Mills: That is exactly the problem—how we when I had that meeting with it and Acorn exactly what motivate engagement on both sides, which we will need the financial remuneration was for successful outcomes with universal credit and any in-work conditionality. under the community work placement, and how that We have to find a way of gathering reliable data. It is compared with the rewards under the Work programme similar to a high-level instinct, or perhaps real-time for some of the harder-to-deal-with people who are information will provide something. Perhaps the RTI further from the labour market. I was trying to work feed will show that the person is still in employment or out whether we could expect Work programme providers even at the same employer—if we wanted to track the to do such work placements if they had someone whom data that far back—but that looks to be a pretty clunky they were struggling with on the Work programme. Is and limited way of checking things. Unless there are there a need to tweak the contracts or to change the flags that show when employment has stopped, flagging incentives slightly? We could try to get such support it back to the jobcentre, we would not know that people provided during the two years, not after the two years. had ceased to be in sustained employment, perhaps For some reason, they were not totally inclined to give meeting the 12 or 26-week target, or whatever was set in me a clear answer on those numbers. Perhaps it was the that situation. I am not sure that there is an easy wrong time to ask them. solution to anything, but for us to find a set of targets It is always about the sequencing of things—how do and work routes that work in such a situation will be we step up the intensity of support at the right time? I important to how the jobcentre role develops. am sure that we want a system in which if somebody The next area that I want to touch on is one that was really needs the most intensive support, they get it early topical last summer, when we started the inquiry: what in the process, rather than one in which we see how long happens to people when their two years on the Work we can demoralise them before we give them what they programme finishes and they become the jobcentre’s probably needed in the first place. responsibility again. This time last year, I remember It is intriguing. When looking at the role of the speaking to the staff at my local jobcentre and they jobcentre we thought, perhaps slightly competitively, were not entirely sure what they were going to be doing that we had a real chance to prove that where a Work with people in that situation when the first Work programme programme provider has failed the jobcentre can help cohorts finished. Jobcentres have an important role to people and sort the situation out. But we have ended up play, because we are talking about people who have not with another outsourced programme. Does that suggest got a job in their first year of unemployment and who that in many ways we do not feel that the jobcentre’s then got through the Work programme for two years role is to provide any intensive support to people—that and not found sustained work. We could expect them to its role is enforcement plus some coaching in the early need some intensive support, but it is a little hard to see days and some relatively light-touch support? I am not that jobcentres would be geared up for that, having not saying that that is my view, but it appears now that for been doing it for people in that key two-year period every situation we come across we find a different previously. So what would we do with them? outsourced programme. Last week, I was pleased to meet a new subcontractor, Finally I want to touch on Universal Jobmatch and Acorn, which is in Derbyshire dealing with what I think the role of IT. I see Universal Jobmatch as a great are now called community work placements, a new set success. I played with the old job search system in of rolled-out private sector providers offering a different jobcentres and looking at the new one it is clearly much type of Work programme service that is not the Work easier to use—for example, people can work it at home— programme and does something subtly different. I confess and looks like the right direction of travel. I share the that the procurement of the service and how we chose hope that Monster has managed to fix the problem of the providers has passed me by, but in the east midlands, the artificial, unethical or non-existent job placements for example, we have G4S. Luckily for the east midlands that had been going on to Jobmatch, to try to make it as in some ways, it is not one of the Work programme effective a system as possible. I suspect that there is no providers, because we have a completely separate, third way that these things can be perfect, and that people firm in Derbyshire to do things. We have, however, will always be able to get through any filters to put found a sensible programme of community placements rogue ones on, so it is a matter of how effectively we can that are not meant to be free labour for unscrupulous monitor the service and get those taken off once they private sector operators, but are meant to be getting are found. But clearly the problem should not have been people who have gone through three years of support on the scale that it got to. 161WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 162WH

[Nigel Mills] One thing that has come out of this report, and has been clear in speeches from across the Chamber, is a As for IT, having enough computers in jobcentres—and recognition that in fact on the whole jobcentres are enough staff to support people using them—is quite doing a good job and should be retained for the purposes important, especially when we are requiring IT job that they have. A few years ago there was some uncertainty searches and will sanction people who do not do them. about that. I know that the coming of the Work programme The library in Heanor, a town in my seat, had to close and the change of Government meant that some people— for reasons of maintenance—or the lack of it—and we particularly people working in jobcentres—were concerned lost the IT provision in the town centre. It then became that the jobcentre’s role could be ended. quite hard for claimants who did not have IT access at Things had already changed substantially in jobcentres. home and had lost their library. Trying to convince the The bad old days—going into a grim office with rows of jobcentre that it needed to find at least some temporary chairs that were firmly battened down to the ground so solution to get IT provision back into the town and to that they could not be lifted, to talk through a glass support people while the library was finding an alternative screen to somebody who was behind that glass screen in site was not as easy as I might have liked it to be. case someone became extremely angry—had been replaced I suspect the vision for modern jobcentres is for them by an attempt at a more informal atmosphere. People to have lots of computer terminals so that IT job were sitting at a table with their adviser rather than the searches are perfectly possible. I know that one of the adviser being on one side and the person using the jobcentres in my seat was down for an early upgrade to service on the other, which had felt quite hostile. In get extra IT, but we need to make sure that every some quarters there is concern that taking a heavy jobcentre has IT provision. If we are expecting people approach, through some of the things that I suggest to use the service themselves and will sanction them if have been happening, could bring that sort of atmosphere they do not, we have to make IT facilities available to back. That would be regrettable. I very much want us them. not to go back to those days. We can do more with the Universal Jobmatch system, Despite some of the remarks that get thrown about in as the Chair of the Select Committee remarked earlier. other debates—particularly when we are in the main We ought to be looking to see whether we can make all Chamber—I think we all share the aim of wanting as the data on it flow two ways. Surely it can be a great many people as possible to have the opportunity of tool. If someone has put their CV on it and has applied employment; we also want to avoid a situation in which for 100 jobs but has never, ever been put forward into people are having long spells of unemployment. It has the best 50 applicants—or whatever number get never been my party’s policy to want people to be prioritised—for the employer to see, that must surely unemployed or to think that that is in any way a good say to somebody that that person’s CV is not good thing. Indeed, I have campaigned and argued—and enough and they either need to produce a better one, or marched, in the past—precisely because we see it as a they need to have some training urgently to get more bad thing. We know it is bad for people’s income, and skills to put on it, or they are applying for completely therefore for their well-being in lots of ways. It is also the wrong jobs. bad for their mental health and well-being, and their There ought to be a way of using the system to spot feeling of being a valued part of society. There are a that some individual jobseekers need that kind of whole host of reasons why we want to see low support—a better CV or some more skills—or perhaps unemployment. even to spot that, say, there have been no jobs within a My party recognises—and again, I hope it might be a 20-mile radius that match the skills on a person’s CV in shared recognition—that employment is a necessary the last year, so there is no point in them keeping on but not always a sufficient way to get a decent standard applying for things that they are not going to get. That of living. That has been one of the differences. It is a could then create a flag back to their jobcentre adviser, simple argument that if people get into employment, all to say, “Something needs to happen with this person.” will be well, but, as we have seen of late, that is not If we can find innovative ways of using the system to necessarily the case with very low-income work and the provide extra support—rather than just forcing people problems that come with that. to go on it and mandating them to do so many job Where we differ sometimes is on the means of achieving applications, some of which they are not too enthused the end. That perhaps arises partly from the different about anyway—we might get a far better result for the perspective there sometimes seems to be about why investment we have made than if it is used purely as a people are unemployed and their attitude towards job search tool. employment. Neither the hon. Member for Newton Overall, the conclusion of the report is clearly that Abbot (Anne Marie Morris) nor the hon. Member for jobcentres do great work and have an important role. Amber Valley (Nigel Mills) made this sort of comment, To share my own experience, when I have held jobs fairs but sometimes there is a feeling that the assumption is in my seat the two jobcentres have been extremely that there are plenty of jobs out there—in many areas, helpful in getting employers and jobseekers there. They there are not—and if only people would get a bit of are working practically to try to tackle the problem, backbone, which we can give them by whipping them which is a pleasure to see in my seat. into line, they would no longer be unemployed. I would argue that that is not the case. An interesting 2.45 pm piece of research has been published on universal credit. There was a very early survey of two groups of people: Sheila Gilmore (Edinburgh East) (Lab): It is a pleasure one of people who were about to be claimants of to serve under your chairmanship, Mr Amess, and to universal credit—it was in its very early days—and one speak on this very important matter. of claimants of jobseeker’s allowance. They were matched 163WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 164WH for similar areas, ages and experience, and they showed an explanation for the fact that the total number of remarkably similar attitudes. There were asked whether those on that benefit has not fallen as much as the it was better to be employed than not employed and so fit-for-work decisions. There is a mismatch there. on. I do not think there is a fundamental difference of That ties in with some of the other things we have opinion. said here about jobcentres and DWP’s attitude to following The Select Committee’s report is a serious attempt to through what happens to people, and we should look at find ways of improving performance. In its initial response, that. Even if it becomes easier in future to track people the Government seemed to be less than sympathetic to in employment through things such as real-time information some parts of it, but I hope that as we move forward and, as the hon. Member for Amber Valley (Nigel there may be an opportunity to take such matters into Mills) said, some of those who now go off benefit stay account. on benefit with the universal credit, those who come off The Chair of the Select Committee spoke at length benefit for other reasons are simply lost in the system. about what the performance targets should be, and the That brings me to sanctions and pressure on people. measure of performance being off benefit. We know It is not necessary to exaggerate the position because and I think the DWP knows that only some of those this is really happening to people and we all have who leave benefit go into employment. There is a whole examples. The fact that so often when people ask for a host of reasons why people may leave benefit without decision to be reconsidered, especially if they ask through going into employment. A few retire because they reach their MP or an advice agency, that decision is often retirement age. Some lose their entitlement to benefit overturned, and overturned quite quickly, suggesting but do not necessarily become employed. After 26 weeks that something was wrong with the initial decision on contributory JSA, people cease to be entitled to it if making. That must give pause for concern because if they do not qualify for income-related JSA. Many the initial decision making was right, that would not be people will not qualify for income-related JSA because happening. In the meantime, people are finding themselves they are living with someone who is in employment, without income. Their housing benefit, if they had it, even if it is only part-time employment. If there is a will be suspended at the very least and they will have to source of income in the household they will cease to be contact that department to get it sorted out entitled to benefit. They may be off benefit, but they What worries me is the people who do not come to us will not necessarily have progressed into work. or to an advice agency. What happens to them? Many of It is significant that the unemployment figures produced them will not be aware of sources of help. I had a by the Office for National Statistics and the figures for constituent who eventually came for help, but he had claimant count are moving quite widely apart. Of those been sanctioned for six months. He had a learning who are unemployed on the unemployment count, 47% disability that was not fully acknowledged by his family. are not in receipt of an out-of-work benefit. We are He was not a young man—he was in his late 30s or early talking about almost 1 million people because the number 40s—and he had just given up. He was not signing on. who are unemployed is still over 2 million—2.1 million He would not have been receiving any money anyway, people are still unemployed according to the general but he was no longer part of the system, and that is a definition of unemployment. worry.He had family.His pensioner parents were supporting It is tempting for people to say that the claimant him from their own limited income. He was not destitute count is down in their area, and for Ministers to say that or on the streets, so there was not that sort of high the claimant count is down in someone else’s area, but drama, but the family were struggling to support him. there is a serious issue with people who are not being He had fallen out of the system because of his learning counted. Not only are they not being counted, they are disability. That is why he had not done what he should not being helped. We should deal with the serious issue have done and co-operated. Somehow, that was not of why the gap is growing. There are other reasons. picked up. We need to know how many such people Some people on employment and support allowance there are. lose that allowance after a year if they are in the Many people would be concerned that the pressure to work-related activity group. They may be off benefit, get people off benefit also applies to people on ESA. but not receiving assistance towards resuming employment. We thought that eligibility for ESA was tested for. We When ESA was introduced, the previous Government all know about the issues surrounding the work capability commissioned an ongoing survey of those found fit for assessment, but people who have gone through that, work. It looked at a group of people after three months been awarded ESA and been placed in the work-related and after a year. The significant finding was that 43% of activity group are not, by definition, fit for work at the those who had been found fit for work after a year were present time. They do not need to be hounded back into neither in employment nor on an out-of-work benefit. work because the system has said that they are not I do not know whether things have got better or worse. I ready to go back into work. So why are so many of do not know where those people are now and whether them being sanctioned? they eventually got fit and found work, or found themselves The number of people on ESA who are being sanctioned back on ESA—I suspect that that was the case for many is rising. The latest available figures are for December of them—and DWP does not know either. That research 2012 to December 2013 when there was a fourfold rise did not go further than that and was not recommissioned. in the number of people in that position being sanctioned. If we do not have such information, we have no way of The number rose from 1,102 a month to 4,789 a month, telling whether policies are helping or working. but that was not because there had been a similar As I said during a debate I had on employment and increase in the number of people in that group, so we support allowance, I suspect that quite a lot of people cannot just say it is the same number. The number of are not getting better and their health is not improving, people in the work-related activity group had gone up and that they reclaim ESA sooner or later. That may be by considerably less than that. Many of these people 165WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 166WH

[Sheila Gilmore] sanctions, surely co-operating with the request to publish that kind of information might answer those points, so were sanctioned for failing to co-operate with the Work I would argue that doing so is in their interests as well. programme, and the number of people on ESA being Earlier speakers spoke about an issue that the Committee referred to the Work programme seems to have been thought was important, which was the mismatch of going down during the same period in which the number aspiration and ability to deliver. A good proposal will of sanctions have gone up. That is a matter of considerable often be made, such as that people, when they are first concern, especially if these people are the least likely to unemployed, should be given longer with an adviser. get help and to be able to reinstate their benefit position We all know that sometimes appointments with advisers and will be counted as some kind of success for a are very short and they become routine—it is a matter jobcentre. They are likely to be people with mental of ticking the boxes and asking, “Have you done the health problems or learning disabilities. right number of applications?”, without going into any There are what are often regarded as scare stories, in real depth. Longer meetings sound very good, but there some respects. Yesterday, an article in The Guardian had is a severe doubt whether they are feasible. The last yet another apparent whistleblower from among Jobcentre speaker touched on that in relation to the arrangements Plus employees saying that their performance was indeed that had been made when people come back from the measured by the proportion of people they got off Work programme. The sort of intensive help that is benefit, and that included people on ESA. This is not promised may not be feasible. If people are going to be just a JSA matter. It may not be a specific target that is asked to sign on every day, for example, how does that stuck up on a wall, but it is about the performance of affect the rest of the jobcentre’s work? Will it be about that employee, and they are expected to get people off someone just coming in, signing their name, and then benefit, including people who, by definition and by going away again—in which case, how will it help? How test—who have already been through the work capability will it improve the situation, unless it is intended to assessment—are not regarded as being fit for work, and make people get fed up and give up? It is all very well to I think that is a matter of considerable concern. come up with these ideas, but we need to make them I hope that the Minister tells us that the Oakley work, which may need a greater resource. report will be published shortly. We have been waiting It is a sign of the failure of some of what we have for it now for some time and I understand that it has been doing to date that so many people are coming off been completed. It was recognised that that report’s the Work programme and are still very far, it would terms of reference were relatively limited, which is why appear, from employment. I think the employment Minister the Select Committee asked for a more far-reaching herself said, during one debate we had on the issue, that report to look at such things as whether the sanctions there were people in that situation who still had poor actually work. Are they having the desired effect? If rates of literacy and numeracy, and one thing her they are not, they become particularly pointless. Department wanted to do was to help those people overcome those obstacles. That is all well and good, but It is interesting that a report, called “Smarter Sanctions”, what has the Work programme been doing for two was published earlier this year by the Policy Exchange. years, and indeed, what may well not have been happening The Policy Exchange is not known as a particularly before that? left-wing or radical think-tank—at least in the left-wing sense; it is radical in other senses—and it, too, felt that It is a criticism of the Work programme that it really there were real problems with the sanctioning system. is not delivering what we were promised it would deliver. I would not necessarily agree with some of its The criticisms made by many of my constituents have recommendations and conclusions, but it was clear that not necessarily been that they have been hounded. In too many people were getting low-level sanctions—those some cases, it is almost the opposite: that it was very might be just for one month, but one month, as my hon. light touch, that they were not given much help and Friend the Member for Oldham East and Saddleworth assistance, and that the idea of specialist help—I remember (Debbie Abrahams)said, is considerable when someone it was said that people would get help with health is on a very low income—and that they were being given problems, debt problems, educational problems and inappropriate sanctions and wrong decisions were being skills problems—just is not happening. People are not made. Despite the fact that we are still waiting for the able to get skills training and they are being told, Government-commissioned report to come through, it “There isn’t the money to do that. We can’t afford to put is significant that that organisation has given voice to you on that course. We can’t afford to pay for child care some concerns that people have. I hope that the fact it to let you go on that course and improve your chances comes from that source would give it considerable weight. of getting employed.” The return of so many people, out of the Work The Select Committee recommended—and these Select programme, apparently still very far from being employable, Committee recommendations are unanimous—that the is a very serious issue. As a Select Committee, we are “DWP take urgent steps to monitor the extent of financial looking at issues relating to people who have disabilities hardship caused by benefit sanctions, including by collecting, and long-term conditions and illnesses, and at what collating and publishing data on the number of claimants ‘signposted’ to food aid by Jobcentres and the reasons” other things we could put in place for them. There is a concern that at jobcentre level, there are not enough for that. The Minister has to give a real explanation why specialists to help, and that the number of disability that comparatively modest recommendation was rejected. advisers is just not sufficient to help people at an early If the Government are right that, as they said in their stage and not wait until very much later. response to our report: As I said, I hope that we will see further progress on “The use of food banks is not exclusive to benefit claimants”— many of the report’s recommendations, because if we which it probably is not—and that it somehow has share the same end, as I think we do, we have to will the nothing whatever to do with welfare reform changes or means and the resources to make it happen. 167WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 168WH

3.8 pm hours at a time, and they will need a level of physical dexterity and fitness that many people with chronic Dr Eilidh Whiteford (Banff and Buchan) (SNP): As conditions will find difficult to achieve. always, it is a pleasure to serve under your chairmanship, The Committee is therefore acutely concerned about Mr Amess. I begin by congratulating the hon. Member the ratio of support in jobcentres for sick and disabled for Aberdeen South (Dame Anne Begg) and her Committee clients, particularly those coming off ESA and moving on the report, which identifies some key issues for on to JSA. People are likely to need sometimes quite jobcentres, for staff and for those who use the services intensive support to get into suitable work, while some that they provide. employers will need support to help them overcome On a day when many jobcentre staff are on strike to their fears and manage taking on a disabled person or highlight the impact of the Government’s austerity someone with a long-term health condition. In Scotland, measures on their own incomes, I want to take the the Scottish Association for Mental Health does a lot of opportunity to thank the jobcentre staff in my constituency work to support employers in that way, but we need for the work that they do on their clients’ behalf, and in more systematic support from jobcentres to assist those particular for the helpful way they engage with my who are potentially fit for work, but face significant constituency office staff. I have many examples of cases disadvantages in accessing suitable employment in the of individuals that have been resolved quickly and labour market. As others have said, we also need to do a efficiently, without the need for ministerial letters or better job on the long-term tracking of outcomes. interventions, because of the common sense and helpful The other related issue I want to touch on, which advice of our jobcentre staff. It is important to pay previous speakers have also mentioned, is sanctioning tribute to them today. and the overlap between those previously in receipt of The report we are debating covers a wide range of health and disability benefits and those being sanctioned. important issues, but I want to focus on just one, which I have seen far too many people who are falling through has been highlighted by a number of previous speakers— the net. They are just not well, but they are being namely, the challenges facing those who are furthest sanctioned. Previously, I have raised concerns with Ministers from the labour market.I am particularly concerned about those with mental health problems. In this case, I about the support available to people coming off ESA urge the Government to think again about their rejection and moving on to JSA. A number of people have of the Committee’s recommendations on sanctions. highlighted that aspect of the report, which really merits We can all see the impact of inappropriate sanctions further attention. in our constituencies. We see it in the growth of food banks, even in relatively wealthy areas such as mine. We It is not simply that the work capability assessment also see it in the rising number of people who are finds too many people fit for work who are not, but that seeking assistance from MPs and from statutory and some of those who are potentially fit for work are voluntary sector agencies or who are seeking emergency limited in the kind of work they can do. Most ESA support. We should not hide from those realities, however claimants are in late middle age, and many have solid unpalatable they are, and we really should not hide our work histories, but they have developed chronic health heads in the sand. problems late in their working lives and often struggle with more than one condition. We have debated the For many of those with serious health problems, shortcomings of the assessment and appeals process sustainable employment is an ambitious goal, but it is many times, but the point here is that these people face not an unrealistic one. However, it will not be achieved enormous barriers to employment and need extra support. unless the systems improve and we take a more holistic view of an individual’s circumstances and of the context At best, any employer will be reticent about taking on in which they are seeking work. I therefore echo earlier somebody in, say, their late 50s who has a significant comments about how we measure and collect performance gap in their employment history due to ill health and data. Above all, however, I urge the Government to who is likely still to be afflicted by chronic health look much more seriously at how we tackle the structural problems or disability. All of us know that sickness disadvantages some jobseekers face in the labour market absence, even for a short period, can cause havoc in a and to ensure that there is support for them. workplace; it can put huge pressure on colleagues, cause problems for the efficient running of an organisation and add significant costs if additional labour has to be 3.14 pm brought in. Those are enormous hurdles for people with chronic health conditions to overcome when looking Pamela Nash (Airdrie and Shotts) (Lab): Let me echo for work. Even where people have fully recovered or my colleagues and say what a pleasure it is to serve have a well-managed condition, an employer’s perception under your chairmanship again, Mr Amess. remains that the risk involved in taking them on is high. I will not replicate my colleagues’ remarks about the That is before we consider the kind of jobs available. report, but it will not surprise Members to hear that I In my part of the world, we are fortunate to have low agree with the vast majority.I congratulate the Committee’s unemployment; for a skilled and able-bodied person, Chair, my hon. Friend the Member for Aberdeen South finding a job there is not nearly as difficult as it is in (Dame Anne Begg), on all its work, but particularly on some other parts of Scotland. However, many of the this report and on giving us the opportunity to debate it available positions involve very physical labour. There today. are often vacancies for care assistants, for example, but The first issue I want to concentrate on is support for people will need to be reasonably fit, and they will need claimants with health conditions and disabilities. In one a car. There are also often jobs in food processing, but, of the report’s recommendations, the Committee asks again, people will need to be able to be on their feet for the Government to take urgent action to improve the 169WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 170WH

[Pamela Nash] I want to say something briefly about sanctions. Again, I will not replicate what has been said, and I level of jobcentre support for claimants with health agree with much of what my colleagues have said. conditions and disabilities, including by addressing However, I would ask the Minister to comment on the unacceptably high work-related activity group case loads. repeated claims from Jobcentre Plus whistleblowers, One of the most heart-breaking things I have seen in which we have heard about in the press and here today, my four years as a Member of Parliament is the number that there are quotas or that there is pressure on staff to of people coming to my surgery, or requesting a home impose a certain number of sanctions on their client visit because of their health conditions, who it is clear—even base. to the naked eye—are not fit for work, but who are still I also want to talk about the fact that there are no put in the work-related activity group for ESA. Let me crisis loans any more, with the localisation that was give one example from my constituency, although it touched on in the report. In Scotland the Scottish represents the stories of many other people there. My welfare fund is the replacement, but that specifically office spoke this morning to a constituent who wants to may not give money to people who have been sanctioned. remain anonymous. She is 59, and she had to stop work I simply want to put the question to the Minister: what due to ill health. There has been a series of errors since are those people supposed to do? How are they supposed she applied for ESA. to eat, with no income at all? When people are convicted of a crime we do not starve them; yet people who have My constituent, who suffers from arthritis and panic been sanctioned turn up at my office—and the vast attacks, among other health conditions, attended an majority get the sanction overturned on appeal, for assessment, but she did not receive a copy of her reasons such as we have heard today, and because of assessment report afterwards—I have heard the same mistakes—and they are left in dire straits. point made repeatedly over the past four years. She was just told that she had “passed” the medical. Does that I am ashamed sometimes to be an MP in a country mean that she is healthy, or that she will receive the where all I can do is send those people to a food bank. benefit? It is an ambiguous term. They are sent for payday loans. They should not be getting those if they have no salary, and if they are My constituent was given no information about the given them that is shocking. Even worse, they often go difference between contribution-based and income-based to criminal loan sharks. That is the one business that ESA. After 365 days, she was moved from one to the has thrived during the recession, which is a disgrace. other with no notice. The only indication that something What does the Minister expect people who have been had changed was the unexpected drop of £118 per week sanctioned to do, to meet their basic needs for survival? in the amount of money going into her bank account. That is an extremely large amount for a low-income The report examines in depth the flexible support household. fund and its uses. It replaced a few other funds; many of the relevant people would have been affected more I will not go any further, because I may be drifting a recently by the removal of the return to work credit, little from the report, but I ask the Minister to look at although I realise that that was a much longer-term what has been a recurring theme today: the data and support for people returning to work. I worry about analysis available on the success of jobcentres and the some constituents who receive a job offer—which is DWP. Will she publish more information so we can happening increasingly; I welcome the fact that look at the problems? If we do not know what they are, unemployment is reducing in my constituency and there how can whoever is in government seek to fix them? are many new businesses, and the town centre is more Another issue is support for those in the work-related thriving than I can remember. However, some constituents activity group. There are some who clearly should be in find it difficult to go back to work, because they do not that group. However, the type of work they can do is know how they will survive for the first month. severely limited, although they might be able to work I have been told by my local jobcentre that the usual with the correct support. My understanding is that that flexible support fund payment is rarely more than £50 for is exactly why this policy is in place—to allow these travel to work. Housing benefit runs on for a month, people to go back to work. If they can contribute, too, but apart from that there is little, if any, support to therefore, they should be supported so that they can do enable someone to pay bills or perhaps buy clothes for a so. However, the Committee’s inquiry found that relatively new job—or, indeed, lunches for the first month. Being few resources were devoted to providing that support out of work often causes a drop in confidence, so in jobcentres; in fact, the figure is one adviser to every people want to make a good impression and not to have 600 claimants. Is the Department looking at improving to worry about such basic things in the first month of a the support available to help these people back to work? new job. Another issue related to ESA, which I became aware Work experience contributes to building up confidence. of recently, is the actual average clearance time. The I know that the Government have made work experience headline figures for ESA show that, since the Government programmes part of Get Britain Working, but in my came to power, waiting times have gone down. However, experience there are few opportunities for young people I asked the House of Commons Library to look into to get such experience. What are jobcentres doing to that, and it told me that the figure relates only to the increase opportunities for placements? I am setting up a time between a new claim being made and a decision work experience programme in my constituency, and being taken on whether the person should have an letters to more than 400 local businesses are being assessment. The total time, if we look at how long produced as I speak. That is being done in conjunction people have to wait for a work capability assessment, is with the jobcentre, which has difficulty finding enough 118.9 days on average. What is the Department doing to work experience placements for the people who want bring that figure down? them. Some of my colleagues are setting up similar 171WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 172WH projects in their constituencies, but what is happening at provision, and obviously the providers will save costs Government level, so that it will not matter whether whenever they can. That is relevant to the debate, MPs spend time doing that, and people will not need because the situation increases the work of the jobcentre, their MP to set up work experience projects to make when the people in question go back. If the Government placements available to them? are not going to scrap the Work programme as it stands, I found work experience useful, because I was on the will they take another look at the contracts, and make it dole at one point after university. The jobcentre told me clear what is expected of Work programme providers in I would be sanctioned if I did voluntary work, because I the way of support for participants? Can that be published? would not be spending that time looking for jobs; Are there guidelines for the providers that Members of however, since then, there has been cross-party support Parliament can see? for and understanding of the idea that voluntary work The hon. Member for Newton Abbot talked about and work experience can lead to full-time sustainable negative comments. On Friday I visited my local jobcentre, employment. as I do regularly—my office is a couple of doors away and it is no accident that I get most of my casework Debbie Abrahams: I congratulate my hon. Friend on from there. The staff were excited about the prospect of setting up work experience in her constituency. I have becoming a digital jobcentre. We saw the work being done that too, for 18 to 24-year-olds, starting next week done, and I think much of what is happening will for two weeks. It is the first time I have done it, but I improve the service for my constituents, so I look forward have been asked whether I would consider something to that. for older people. We need to think of them as well.

Pamela Nash: Definitely. The work experience 3.28 pm programme that I am setting up is aimed at young people, but it is not just for them—it is certainly for Stephen Timms (East Ham) (Lab): Like everyone others too. At the other end of the age range in the who has spoken in the debate, Mr Amess, I want to say work market, and particularly with the pension age what a pleasure it is to serve under your chairmanship. I going up, there are many people who want to work a bit thank the Select Committee, and welcome the work that longer but are having difficulty finding jobs. That affects it has done on such an important topic. every age group in between, too. It is disappointing, however, that the Government’s In fact, there was a good news story from my local response to a very good report has been so negative. Of jobcentre when I visited last Friday. A gentleman had 24 recommendations only five were agreed to; five were been out of work for 20 years, and, with the new rejected outright and the remaining 14 were partly programmes, one of the advisers who recognised his agreed, although in quite a number of cases it struck me need could spend much longer with him. He has now that the amount of agreement was very partial indeed. started a full-time job. The Committee is right to affirm the value of a public The hon. Member for Newton Abbot (Anne Marie employment service for unemployed people. Jobcentre Morris) said that Select Committees are often negative Plus has been admired around the world, and we have because of their role in holding the Government to been reminded, rightly, of the recent conclusion by the account, and I think that that often applies to Opposition National Audit Office that it continues to do an efficient MPs as well; we appear a bit crabbit, to use a Scottish job. I very much concur with that judgment. word, and negative. However, holding the Government Jobcentre Plus does an efficient job. It also does a to account is our job. I certainly do not think that very important job. My hon. Friend the Member for everything is wrong, but there is a lot of room for Edinburgh East (Sheila Gilmore) is absolutely right to improvement. draw attention to the links between having employment Finally, I want to comment briefly on the Work and having good health. I noticed that the Prince’s programme, which comes outside the work of Jobcentre Trust recently undertook research on that issue. Martina Plus. My area has very good and very bad examples of Milburn, its long-serving chief executive, makes this the way it is run. I am angered when I go to the point: jobcentre and staff tell me how good the success rate is “Unemployment is proven to cause devastating, long-lasting for people leaving the Work programme after two years, mental health problems among young people.” and being found work quickly. There are people who Whether someone is in a job is a very important issue, are ready and desperate to work, but who were not so the task that Jobcentre Plus has is very important. given the support they needed during the Work programme. I visited Germany last year to look at the way in When I meet constituents who have been on the which youth unemployment was being tackled and visited programme, they always tell me two things. First, they an office in the town of Wolfsburg, Hanover, where the tell me that they can end the two years without even a Volkswagen plant employs 60,000 people. I went into CV—which is ridiculous—or basic IT skills. Secondly, I the office, which is jointly run by the local authority and am constantly told about their intention to apply for the federal employment service, to talk about how it training; there are many positions in security in my was supporting unemployed people, and one thing that area, so they might want to go for a Security Industry struck me about it was that above the door it said Authority badge. Yet that is not available—nor is any “Jobcentre”. The people there had chosen to adopt the small cost for training that might keep their skills up to English term for that establishment, and the reason was date or improve their job opportunities. that 10 years ago, when the Germans made the big If those people had been under the care of the reforms to their welfare system—the Hartz IV reforms— jobcentre at the time in question, those things would they took inspiration from what had happened in the have been available to them, but the contract that the UK. Jobcentre Plus was quite new at that time. They Work programme providers have does not include such wanted a name that showed their ambition for a very 173WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 174WH

[Stephen Timms] going on. I was very concerned by that. I forwarded her concerns to the Minister. The Minister responded, for effective, modern service, and they were inspired by the which my constituent and I were grateful, and my English system, so they have adopted the term “Jobcentre” constituent subsequently wrote to the Minister directly for their establishments. and copied me into what she said. I will quote from her As we have heard, jobcentres in the UK are still doing letter, which said that an efficient job. Nevertheless, I am afraid that something “staff at the Jobcentre are actively encouraged to impose benefit has gone quite badly wrong in recent years. I do not sanctions and are threatened with PIPs”— think that anyone else in the world today would be I was not sure what they were, but I gather from my inspired by what they hear is happening in our jobcentres, hon. Friend the Member for Oldham East and Saddleworth and the issue of sanctions, which has been highlighted (Debbie Abrahams) that they are performance improvement in this report and debate, is a big part of the explanation programmes— for what has happened. I agree with the hon. Member “if they fail to get certain numbers of people off benefit per for Newton Abbot (Anne Marie Morris) that it is clear week…all too often it is the more vulnerable in society it is that too often sanctioning goes wrong. affecting, and probably not the customers who are too smart to be caught out by the sanctions. The large increase in people using the Of course, there are a lot of statistics about benefit food banks is mainly due to the unfair benefit sanctions being sanctions. One that interested me was one that I got in a imposed upon customers. I know the food bank in Hoxton has written answer on 25 March 2013 at column 986W of actually had to ask the JCP in Hackney to stop making so many Hansard. I asked what the total amount withheld from referrals to them as they are unable to cope with the numbers”. jobseeker’s allowance payments as a result of benefit My constituent goes on to say that staff sanctions was, and the answer came back that the “have never experienced working conditions like they have in the benefit withheld from fixed JSA sanctions was, in 2009-10, last few years…people who have worked so hard implementing the year leading up to the general election, £11 million, the unpopular policies have been treated in an awful manner.” in 2010-11 £43 million, in 2011-12 £45 million and in My hon. Friend the Member for Edinburgh East 2012-13, up to October 2012 only—in other words, just raised the concerns that people have repeatedly drawn the first half of 2012-13—£60 million. That suggests attention to that staff in jobcentres are being given that the amount being withheld in benefit sanctions had targets. There have been the odd, well documented gone up tenfold up to October 2012, compared with the examples of where that has been the case, although in year leading up to the general election. those instances Ministers have stepped in to make it It is important to underline the truth that sanctions absolutely clear that there are no formal targets, but it is are an indispensable part of a benefits system designed the case, as I understand it, that in regular staff to promote employment. No one should read into appraisals—this was confirmed, I think, in a written anything that I am saying—or, I think, what anyone else parliamentary answer—the number of sanctions that in the debate has said—that we should scrap sanctions, an adviser has issued is one of the bits of data on the but there is a pertinent question, raised in this report, table for the appraisal. Staff understand that, about whether something has gone quite badly wrong understandably and probably rightly, as indicating that in the way in which they are being applied at the they are, in part, being evaluated by how many sanctions moment. they have issued—not whether those sanctions were accurate or appropriate, but whether there are enough Nigel Mills: I apologise to the right hon. Gentleman, of them. I think that it is clear that a culture has been the hon. Member for Aberdeen South (Dame Anne developed in which staff are under pressure to issue Begg) and you, Mr Amess, because I need to leave for a more sanctions. My constituent talked about the awful constituency engagement shortly, but on the point that working conditions. Let us be frank: that is part of the the right hon. Gentleman raises, will he therefore join background to the industrial action taking place today. me in regretting the fact that when the unions came to A good deal of the external interest in this report has give evidence to us in this inquiry, they did not support focused on the question of sanctions. There is no doubt sanctions having any part in the benefits system? that the dramatic increase both in the number of sanctions and in the amount of money taken off people—the Stephen Timms: In the discussions that I have had duration of sanctions, which my hon. Friend the Member with trade union members about this issue, the point for Oldham East and Saddleworth also talked about—has has not been put to me that there should not be any been a big factor in the growth of food banks. The hon. sanctions. Sanctions have been part of the benefits Member for Banff and Buchan (Dr Whiteford) is absolutely system ever since the system was invented; there is right to say that no one should hide their head in the nothing new about sanctions. I have not heard a case sand about that. I had not quite twigged it, but my hon. that sanctions should be entirely scrapped, but I do Friend the Member for Oldham East and Saddleworth think that there is justified concern, partly expressed in made this telling point. Will people who have been this debate and certainly expressed by trade unions and sanctioned for a period of months, a year or even three others, including citizens advice bureaux and disability years carry on signing on every fortnight just so that organisations, about the way in which the system is they appear in the claimant count? Of course they will working at the moment. not, and undoubtedly the claimant count is being depressed We heard a good deal in the debate, and I was very as a result. interested to hear the contributions about what hon. Of course, all these reports, from whistleblowers, Members have been told by whistleblowers because I charities and food banks, can be and sometimes are have had a similar experience. One of my constituents, dismissed as anecdotal. However, the pretty distressing who works at a jobcentre, raised with me very similar picture that staff whistleblowers are painting is consistent concerns to the ones that we have heard about what is with what a lot of jobseekers say. A few weeks ago, I 175WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 176WH was invited by Tesco to visit a new store with its HR I am eagerly awaiting the report, which we thought director. Through the impressive regeneration model would be published by the end of May but which has that Tesco has developed in partnership with the Union still not been published. I asked the Minister about that of Shop, Distributive and Allied Workers, the company in a written answer the other day, and characteristically—of had been very careful to recruit and train a large number Ministers in the previous Government as well as in this of staff at the new store who had previously been one—the reply came back that it would be published unemployed. Tesco put them through an eight-week “in due course.” Can the Minister give us any more training course before the store opened. I was introduced detail? If she can, it would be welcome. to four of the staff who had been recruited in that way, As we have heard, the Minister appeared to agree in and we talked about their experience. I asked them her evidence to the Work and Pensions Committee that about their experience with Jobcentre Plus, and all four there should be a further review to consider not only said that the main aim of the jobcentre had seemingly Work programme or employment programme sanctions, been not to help them but to catch them out and but sanctions more generally. It was a disappointment sanction their benefits. I think it is a real tragedy how to everybody that that commitment was not reflected in badly the reputation of Jobcentre Plus has been damaged the Government response to the report, and I hope that by the aggressive approach to sanctioning that has been the Minister might reaffirm the view that she expressed introduced. It will take a lot to repair that damage. to the Committee. In its briefing for the debate, Crisis told us about It is particularly disappointing, although not surprising, somebody called Billy that the Government have rejected recommendation 17 “who was sanctioned for turning up to a meeting that turned out on page 47 of the report about recording the number of to be cancelled and then failing to attend another appointment he people who are signposted to food banks. There is no knew nothing about because the letter arrived six days after the doubt that the increase in sanctions has played a big date of the interview”. part in the remarkable growth of food banks over the We have heard several such stories during the debate. I past few years. The Committee recommended, as we draw attention to the website “A Selection of Especially have heard, that the Department should Stupid Benefit Sanctions”, which has pages of this “take urgent steps to monitor the extent of financial hardship stuff: caused by benefit sanctions, including by collecting, collating and “You get a job interview. It’s at the same time as your job publishing data on the number of claimants ‘signposted’ to food centre appointment, so you reschedule the job centre. You attend aid by Jobcentres and the reasons for claimants’ need for assistance your rearranged appointment and then get a letter saying your in these cases.” benefits will be stopped because going to a job interview isn’t a The way in which the Government have dealt with good enough reason to miss an appointment.” the Trussell Trust has been pretty disgraceful. When the That one came from the Daily Mail. Secretary of State was appointed, he rightly took a good deal of pride in announcing that he was lifting a “Your gran dies during the night. The next morning your partner calls the job centre and asks if you can come in the ban on jobcentres referring people to food banks if they following day instead. The centre agrees, and you sign in the next were in hardship and did not have enough money to day. Then you get a letter stating that you failed to sign in and buy food. I was the Minister for employment for a would be sanctioned if you don’t reply within seven days. You while, and I did not know that there was a ban on reply, explaining the situation. The job centre gives you a six-week referring people to food banks, but apparently there sanction for not replying.” was. The Secretary of State rightly said that that was That one came from NetMums. wrong, and lifted the ban. The problem was that food “You get a job that starts in two weeks time. You banks started counting the number of people who were don’t look for work while you are waiting for the job to being referred from jobcentres and the reasons why they start. You’re sanctioned.” were being referred, which became far too embarrassing, so the Secretary of State reintroduced the ban on jobcentres That was from The Guardian. referring people to food banks, although he said that it “Youapply for three jobs one week and three jobs the following was all right to “signpost” people. I believe that the Sunday and Monday. Because the job centre week starts on a difference between signposting and referring is that Tuesday it treats this as applying for six jobs in one week and when someone is signposted by a jobcentre to a food none the following week. You are sanctioned for 13 weeks for failing to apply for three jobs each week.” bank, they are not allowed to fill in the piece of paper issued by the food bank that states why they are being That was from the Pontefract and Castleford Express. referred. The former approach enabled the Trussell “You have a job interview which overruns so you arrive at your Trust to collect data on how many people were being job centre appointment 9 minutes late. You get sanctioned for a referred to food banks because they had been the victim month.” of sanctions, benefit delays or other problems at the That one was from Consumer Action. As I say, there jobcentre, and the whole thing became too embarrassing are pages and pages more on the website. Of course, for the Secretary of State so he said that he did not want those are anecdotal, but the jobcentre network now has it to continue. that reputation and it will take a great deal to repair the It is a great shame that the Secretary of State has damage that has been done. refused to meet the Trussell Trust and talk about the A number of references have been made during the matter, because it has a number of sensible ideas about debate to the report that the Government commissioned. how the system could be made to work better, which It is rather rare for the Opposition to be able to force the would not cost the Government anything. The Secretary Government to do anything, but we were able, because of State has accused the trust of having a political the Government needed legislation quite quickly, to agenda simply, as far as I can tell, on the basis that it force Ministers to set up the review on sanctions, which insists on publishing numbers about how many people was carried out by Matthew Oakley. Like everyone else, go to food banks. That is a completely innocuous and 177WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 178WH

[Stephen Timms] claimants to separate work streams according to their distance from the labour market and relative need for intensive employment public-spirited thing to do, but because the trust refuses support.” to stop publishing that information, the Secretary of I know that it is a long-held view among numerous State accuses it of having a political agenda and being people, including senior Jobcentre Plus staff, that opposed to welfare reform. segmentation is a rather illusory thing—my hon. Friend Given that the Secretary of State has not been willing the Member for Aberdeen South used the term “holy to meet the Trussell Trust, a couple of months ago I grail”—that everybody would like to be able to do: “We asked the Prime Minister if he would be willing to do would like to be able to tell how much help a person will so. He said that he would, and I am pleased to say that need to get back into work, but it is unachievable in that meeting has taken place and the discussion was practice.” However, like my hon. Friend, I am mystified constructive and useful. Why on earth the Secretary of as to why it can be done in Australia but not in the UK. State is not willing to meet the trust for a similar discussion is a mystery to me, and I still hope that he I know that that point has been made to Jobcentre might change his mind. I share the despair expressed by Plus staff, who respond by saying that Australia and the my hon. Friend the Member for Airdrie and Shotts UK are different, but they are not that different. I (Pamela Nash) about the extent of the reliance on food visited Australia last September to, among other things, banks nowadays. The Trussell Trust makes it absolutely see how the jobseeker classification instrument worked. clear that it expects the need for food banks to continue. Nobody is claiming that it is infallible. In Australia, if The scale of the dependence—a million people over the someone is placed in one stream and it subsequently past 12 months—and the rate at which it is growing are turns out that they need a different level of support, causing the trust great concern and prompting questions they can change. It is not a completely inflexible, wooden about whether it can cope with the demand. instrument, and it is certainly helpful. It means that I want to mention two other points that my hon. people are more likely to get the right amount of help Friend the Member for Aberdeen South (Dame Anne than if there were no segmentation. Even the length of Begg) has highlighted as the main recommendations in time that someone has been out of work, which is easy the report. Recommendation 21 on page 48 argues for to establish, is a big indicator of how much help they will need. “the formulation of JCP performance indicators which promote and measure sustained job outcomes and better reflect the changing Of course, we already have segmentation in the UK. role of JCP consequent on the implementation of universal In the Work programme, customers are placed in different credit”. payment groups, based not on the kind of segmentation The Committee makes the point—it is often suggested, for which the Committee rightly calls but on which and I think it is right—that the current measure incentivises benefit they receive—jobseeker’s allowance or employment behaviour that nobody wants. For example, if somebody and support allowance. That does not necessarily tell us goes in and out of claiming benefit—they do a couple anything about how much help someone needs to get of weeks’ work, then go back on benefit because the job back to work, and in practice, as I think is pretty widely fails, then do a couple of weeks’ work somewhere else, recognised, it has proved hopeless. then go back on benefit—it makes a big positive contribution to benefit off-flow, because that person is That is one reason why people a long way from the coming off benefit a lot and the fact that they go back labour market have been so badly let down by the Work on benefit straight away is not picked up in the statistics. programme, as the National Audit Office pointed out Of course nobody would regard that as a success in any last week. Among claimants of employment and support meaningful sense of the word. It is certainly not what allowance who spend two years on the Work programme, Ministers want to happen in jobcentres. the latest data suggest that the rate of failure to achieve The Government’s response to that recommendation says: sustained job outcomes is 93%: only 7% of those attached “The current JCP performance metrics, focussing on off-flows, to the Work programme achieve a sustained job outcome. make best use of the data currently available to the Department, but do not track people once they leave benefit, as this is not cost-effective.” In an earlier intervention, I asked my hon. Friend about the Government’s statement, in their response to That is the bit that I want to query. I do not understand the report, that their efforts to develop a tool have why the Government are suggesting that it is not cost- produced only 70% success. Of course it would be great effective to track what happens to people after they go if we could do better than 70%, but given that it is off benefit, because the Government require Work possible for people to change their stream after they programme providers to do exactly that. Work programme have been streamed initially and that 70% success is providers are remunerated entirely on the basis of whether certainly better than streaming people simply on the somebody is in sustained work. Clearly, the Department basis of what benefit they have been on, it seems to me has taken the view that it is cost-effective to require that it strengthens the case for the Committee’s argument Work programme providers to find out that information, that it would be a worthwhile thing to do. so why is it not cost-effective for Jobcentre Plus to do so? That seems to make no sense, and the Committee is It would be the intention of a Labour Government, right to highlight it in a recommendation. I hope that should one be elected next spring, to implement a the change will be made before too long. segmentation tool as the Select Committee recommends. The other recommendation that I will mention was We would like to see it in place, again as the Committee highlighted by the Chair of the Committee, and I agree recommends, in time for the commissioning of the with it. It is about segmentation. Recommendation 4 on Work programme’s successor. It will be possible, in page 44 of the report says that the DWP should designing that tool, to draw on the fantastic data that “continue to work to develop a ‘segmentation’ tool, to be conducted providers have gathered during their experience of the by Jobcentre advisers face-to-face with claimants, to allocate Work programme. There are now numerous rich data 179WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 180WH sets giving useful evidence about how much help individuals When I looked into the sanctions applied under the in a variety of circumstances need in order to get into Labour Government’s pathways into work scheme, I work. saw that they were significantly higher for ESA claimants. I welcome the report. The Committee has done the It is interesting to note the difference between what has House and the cause of employment support a great been said today and what the previous Government service by providing it to us. Along with everyone here, I delivered. look forward to hearing the Minister’s response. Pamela Nash: I admit that I have not seen the NAO figures, but is there any specific focus on youth 3.57 pm unemployment? Although unemployment figures are coming down—I completely welcome that and the success The Minister of State, Department for Work and in my constituency—youth unemployment is not coming Pensions (Esther McVey): It is a pleasure to serve under down at anything close to the same speed, particularly your chairmanship, Mr Amess, as everybody has said. I not in my constituency. Is there any focus on how the thank the Select Committee on Work and Pensions for Work programme is affecting youth unemployment? its work on the report that we have been discussing. The Government welcome the Committee’s endorsement of Esther McVey: If the hon. Lady had looked at the the role of Jobcentre Plus in a reformed welfare system. youth unemployment figures, she would welcome them Through the recession and into the period of recovery, as much as I have. We have had nine consecutive months it has provided good value for money and excellent of decreasing unemployment, and the figure is now levels of service to claimants and employers. nearly 100,000 lower than at the general election. We With employment rising to record levels, unemployment have given significant focus and support. We have put in falling and sustained reductions in the number of people place a youth contract that helps people with work on welfare benefits, Jobcentre Plus continues to be a experience—I am delighted that people now agree how model other countries follow. As the right hon. Member important that is—and 180,000 people have now gone for East Ham (Stephen Timms) said, they use it in on work experience. Of those, around 150,000 have Germany. They totally copied it and are following our been young people—other people are eligible—and 40% model, as other countries are coming to follow what we have got a job. So I feel I have answered the hon. Lady’s do. More recently, the creation of Jobcentre Plus is question— reckoned to have raised national GDP by 0.1%—worth £5.5 billion to the UK economy by 2015. Pamela Nash: You haven’t answered it. The achievements of Jobcentre Plus stand as a testament to the hard work and dedication of the Department’s Esther McVey: We have done a considerable amount staff. I thank the staff who came into work today to of work and we continue to do so. That is key and ensure that all our jobcentres are open and that everybody should be welcomed. Youth unemployment has fallen who requests to see an adviser can do so. Despite staff across the country. reductions, Jobcentre Plus continues to make a major contribution to improvements in our labour market. We Pamela Nash: The rate is three times slower. know that more people are working now than ever before: a record 30.5 million, up 780,000 over the past Esther McVey: We know that at the heart of the year and 1.7 million since 2010. That is a record-breaking Government’s plan is the desire to build a stronger, number of people into work in a year, and it must be more competitive economy. down not only to the hard-working staff of Jobcentre Plus but to all the people working so hard in the welfare Stephen Timms: Will the Minister give way? to work industry. The unemployment rate has fallen in every country Esther McVey: I will give way in a moment, but I and region of the UK over the last year. We have had want to ensure that we hear what Jobcentre Plus is the largest annual fall in long-term unemployment since actually delivering, which is a significant amount. 1998: 108,000 in just one year. The Work programme, I want people to understand how the more than which was set up in June 2011, has made a major 26,000 jobcentre staff are helping people and how many contribution to that fall—the biggest since 1998, as I people come through the doors each day. said. We have seen 1.5 million people go through the Work programme. Of those, 550,000 have got a job Stephen Timms: I have just been looking at the National start and 300,000 have gone into sustained work. That Audit Office report, which seems slightly different from is a significant contribution. I agree with the National the impression the Minister is giving. A press release on Audit Office that the programme had a slow start, but it the NAO website from 2 July says: has improved considerably and its stretching targets will “After a poor start, the performance of the Work Programme be achieved by its end. is at similar levels to previous programmes, according to a report today by the National Audit Office.” If people have read the NAO report, they will know that the Work programme will actually be 12% better It also says: than the flexible new deal and 17% better than the “The Programme has…not improved performance for harder- pathways scheme once we have completed our work. It to-help groups compared to previous schemes.” is therefore undoubtedly better than any other programme that has gone before, despite its being talked down. It is Esther McVey: I will give the right hon. Gentleman hard for me to reconcile what I have heard today with greater clarification: that was at the very start of the what the NAO agreed, which has to be welcomed. scheme in June 2011, but the report says that, given 181WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 182WH

[Esther McVey] Esther McVey: I appreciate the hon. Lady’s request, but she has just taken the question from the right hon. the way performance has increased and what would be Member for Birkenhead (Mr Field). I will not be taking expected by the end of the programme, it would be 17% questions until I have finished responding to everything. better than the pathways to work programme. I appreciate what she is doing, but I will continue. We are also increasing technology: we will be delivering Stephen Timms: As the Minister says, the report does wi-fi across all jobcentres, with 6,000 new access devices. make the point that the Work programme got off to a All that is key towards helping to get record numbers of rocky start and has improved, but its conclusion is people into work. currently that the programme has Many Members mentioned segmentation, which is, “not improved”— of course, important and one of our aims. How do we this is now, not at the start— support people best, help them and target support at “performance for harder-to-help groups compared to previous them? We looked closely at the Australian jobseeker schemes.” classification instrument and tested it against our own Esther McVey: If the right hon. Gentleman looks version in 2010. We found that it was not accurate into all the footnotes, everything associated and all the enough at predicting whether someone would become figures about what is expected by the end of the programme, long-term unemployed. For every accurate prediction, he will find the numbers I cited. I can get the report out it made two wrong predictions. For that reason, it was and go through it—I know that he has been flicking better for us to pursue what we were doing and make quickly to various points on his iPad, but I can give the our system better. full report because I went through it in quite some That is why we have done things such as introduce the detail. claimant commitment. We are getting people ready for We are here to look at what Jobcentre Plus has been work straight away and really focusing on day-one doing. It has carried out more than 25 million adviser support so that we can see whether someone needs extra interviews to help to prepare people for work. We talk IT support or NVQ maths and English training. That is about the scale; it is huge. Jobcentre Plus advertises what we are now doing from day one so that we understand 4 million job vacancies for around 390,000 employers. people’s ability, or perhaps lack of ability, and how to More than 97% of our JSA claims were processed support them. within 16 days—an improvement of 10% from last year. The process of continual improvement that we talk Sheila Gilmore: Will the Minister give way? about is happening. Esther McVey: I presume that the hon. Lady wants to We have reduced the average time taken to answer ask the question passed to her by her right hon. Friend calls at our call centres from 4.55 minutes in 2012-13 to the Member for Birkenhead, but go on. 1.07 minutes in 2013-14. According to our last survey, nine out of 10 employers were satisfied and a quarter Sheila Gilmore: I do not. are extremely satisfied with what we are doing. More than eight in 10 claimants on disability, carer or Esther McVey: Well, he has tried everyone else. unemployment benefits report that they are satisfied with the DWP’s service. All that shows— Sheila Gilmore: I wanted to ask this: to what extent is Mr Frank Field (Birkenhead) (Lab): Will the Minister the claimant commitment really a substitute for a give way? segmentation tool? Is the Minister now saying that she has given up on looking at such a tool? Esther McVey: I am afraid that, because the right hon. Gentleman has just walked into the debate as I am Esther McVey: Nobody has given up. That is the giving my closing speech and has not heard from other whole thing about welfare to work—we continue trying Members, I cannot give way. There is only a limited and we continue pilots, to see how we can best support amount of time, and since it is a three-hour debate, I people who need to have a job. No, the claimant have many questions to answer. commitment is not a substitute, but what we have We have seen the complete modernisation of the brought in to give both sides greater certainty and it is Jobcentre Plus system. The system has been personalised working very well. It is also about empowering the and adapted to new technology. We have seen greater individual who is looking for a job. Equally importantly, employer engagement—how do we get a tailor-made within it we can look at what the barriers are. They service so that a jobseeker really is ready to go into could be disability or health barriers, but we would work? That is what we have tried to do. modify the claimant commitment to reflect what somebody needs to do, so that it really is tailor-made for them. When we talk about personalising the service and getting as many people as possible into jobs, one key What we have seen with the claimant commitment is thing that has come out is the claimant commitment. that, despite what has been said today about how people The claimant feels that they are in charge of the journey who work at Jobcentre Plus feel, actual engagement and they are on and that the adviser can help them. I am positivity within the work force has gone up by six pleased to say that more than 26,000 of our staff have percentage points. Again, that has to be praised, as well received the required training and now all 714 jobcentres as being a positive step in the right direction. offer the service. That is helping 600,000 claimants who Many people today have brought up the issue of have signed the new agreement. sanctions. We all know that, as the right hon. Member for East Ham said, sanctions have always been a part of Debbie Abrahams: Will the Minister give way? the benefit system, ever since it began. We know that 183WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 184WH there is a balance to be struck between providing support There are no targets for sanctions and that has to be and expecting claimants to meet the conditions for key, despite what anybody has said; what was said to receiving benefit. What the Government have done be happening is not happening. Where people bring in more than ever before is to increase that support. The their concerns, I rightly bring people in to speak to number of traineeships has gone up in the past year—by them. We see them all the time in our constituencies, but more than 39%, I think. We have changed the rules and if it is a whistleblower it is only right that we bring them regulations, so that it is not only 16 hours that someone in and listen to them. I brought into the meeting that I has to do for their traineeship; the figure can go up to mentioned the head of Jobcentre Plus to look into the 30 hours. We are looking at these practical, pragmatic matter that had been raised. steps that can be taken. We are doing all these things. We also know that more than 70% of claimants say they are more likely to follow the benefit rules because Debbie Abrahams: I am very grateful to the Minister of the sanctions that might be applied to them. So for finally giving way. She mentioned my constituent, claimants themselves know that sanctions are key.Academic who is a former JCP adviser, and yes, we met her. studies from across Europe show that when there is a However, he has not yet had any response to the issues sanctions system and regime, people remain in work for that were raised at that meeting and that is a real longer too. All these things are key in what we are concern. As she knows, because it was discussed at the doing. meeting, there are other whistleblowers who have also provided their evidence, which verifies claimants’ issues. Sheila Gilmore: The hon. Lady has just thrown in a How does she respond to that, and will she finally statistic about attitudes of claimants, saying that 70% of commit to an independent review to sort out, once and people say that sanctions will make them do things for all, what is happening about unfair sanctions, which differently. Is that part of some published research? Is it is the key point? perhaps part of the research that we still have not seen? If so, when are we going to see it? Esther McVey: No, I will not. As I have said, not only was it a point of order and not only was it in the last Esther McVey: I will give the hon. Lady a copy of Select Committee—I never said that there would be an that research, and there are other debates—various independent further review. That was not said. And of debates—in which it has been used. I will provide her course the Matt Oakley review will come out. I said it with that information if she would find that helpful. will come out in due course and that will be this month. Most claimants do not get sanctioned. In an average The right hon. Member for East Ham asked about that. month in 2013, around 5% of jobseeker’s allowance When we have that report, we will all see what claimants and fewer than 1% of employment and support recommendations it makes and what issues have been allowance claimants were sanctioned. We know that brought forward. Despite Members here today saying those people who follow the rules and take up all the that they did not think that the Oakley review was an support— in-depth review, yes it was. It was about communications and process; all those things are key. Debbie Abrahams: Will the hon. Lady give way? As I said, we continue to look into these issues, because as was said—it may have been said by the hon. Esther McVey: No, I will not give way at the moment. Member for Aberdeen South (Dame Anne Begg), the Those people who take up all the support given to them Chair of the Select Committee—at the end of the day find it easier to get into work. what we need is people to comply and to do what is We also know that more than three quarters of new right to get a job. The ultimate aim would be that less claims to JSA end within six months, and that around sanctions are given, because that is what we want. We 90% of new claims to JSA end within a year. So most put more and more support into the system; we work people are going back into work. However, when I hear with people, and the claimant commitment is there stories—whether they come from whistleblowers or to do that; we see what people’s needs are; and we otherwise—and when people have concerns, I act. The have got to make sure that we are working with hon. Member for Oldham East and Saddleworth (Debbie voluntary organisations and charitable organisations, Abrahams) knows that I brought her and her constituent and understanding the needs of the individual and also in to meet me, the Secretary of State and the head of their vulnerabilities. When we have got all that right, Jobcentre Plus. Her constituent brought his concerns to then we will all be going in the right direction. that meeting and they were looked into. I am afraid that with some of the things that were brought up, we did However, what we know we have got right is the extra not actually find anything that would— support and getting more people into work than ever before. The hon. Member for Airdrie and Shotts (Pamela Nash) said that she had spoken to people who had been Debbie Abrahams: Will the hon. Lady do me the unemployed for 10, 15 or 25 years, and she also said courtesy of giving way on that point about my constituent? how delighted those people now are to have a job, and that it has transformed their lives. Those are the type of Esther McVey: If the hon. Lady does not mind—she people I meet all the time; people who were left on has spoken at length and I am now replying, and once I benefits and some people would say that they were have finished I will let her back in to say what she has to forgotten about, and that they were not reached out to say. I promised that that meeting would be anonymous and connected with. Well, we said that we, as a Conservative and I would not talk about it, so it is rather unfortunate party, do not agree with that; we totally do not agree that she issued, I think, a press release about the meeting. with it. We will reach out and support them, and help 185WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 186WH

[Esther McVey] going to a job interview who thought they should have been at Jobcentre Plus, that would be good cause, and if them to do as best they can. But it is a system in the somebody had to go to a funeral of an immediate round; it is about support, sanctions and what we can family member, that would be good cause, too. There is do to get people to support themselves. a list of various good causes. If it makes common sense that has to be right and those people have to be looked Pamela Nash: I thank the Minister for giving way after. and, yes, those are the good news stories and I love Of course, we are far from complacent and continue meeting those constituents. However, have there been to look for ways to improve the system and ensure that constituents who have gone to her surgery because they sanctions are applied appropriately. Some improvements have been sanctioned? Maybe they were sanctioned have already been made, including introducing a telephone rightly, but maybe she suspects that they were sanctioned line for providers to check whether a sanction is appropriate, wrongly. What advice has she given them about how to and we have introduced a new quality assurance framework, feed themselves that week, and how did that make her to improve standards and consistency in decision making— feel? that has to be key. The Matthew Oakley review will make a significant Esther McVey: What we have heard today in some of contribution to our drive to improve the system. The the stories about whether sanctions were applied or not, scope of this review was JSA sanctions for claimants on I know that some of them would have come under good mandatory back-to-work schemes, focusing on clarity cause and they would not have had a sanction applied. of information and claimant understanding. He has Where I would send people who are sanctioned, as do been generally positive about the sanctions system and Jobcentre Plus, is hardship funds; they could get support, we welcome his recommendations, which we accept and although the case has to be worked through. Why do which will, as I said, be with us before the end of this people continue to sign on for benefits and remain on month. the claimant count? Because they would not get that hardship fund, which is either 60% or 80% of the We need to know where we are going and we are now benefit, if they do not. That is what I would say: “How focusing our attention on the hardest-to-help claimants. do we support you? How do we get you back re-engaged?” Record numbers of people are now in work— I would also work out the vulnerability of the claimant. [Interruption.] I am glad the right hon. Member for Birkenhead is listening rather than laughing, because Pamela Nash rose— many extra people are in work in his constituency, too, and right across Wirral. However, we must concentrate Esther McVey: I will not take another intervention our efforts. for the time being; I will move forward with some of these answers. Mr Frank Field: Will the Minister not answer my question, since she has now named me? Will she give Claimants are given the opportunity to explain why way? they have not complied with a requirement. If they provide good reason, they will not get sanctioned. Once Esther McVey: I am afraid that I will not. I will sanctioned, claimants are informed of how to apply for continue with what we are doing. these hardship payments. Vulnerable claimants, including any claimant with responsibility for a child, can receive Mr Field: We share a jobcentre, after all. payments immediately. We believe that we get the vast majority of our decisions right. In 2013, our decision makers considered nearly 2 million cases that were Esther McVey: We do, indeed. brought to them, but they imposed just over a million We are concentrating on the hardest to help and sanctions. So the information comes from the adviser focusing our efforts on them. As I have said, the and it goes to a decision maker, who looks at all the Work programme is part of that and we have seen the evidence before deciding whether a sanction will be results from the 1.5 million people who have gone on it: given. Of those cases, only 130,000 were overturned on 550,000 have had a job start and 300,000 of those are in reconsideration or appeal—just over 13%—not the figures sustained jobs. Equally, our Help to Work programme that I heard from the Opposition Benches; I am not sure is helping another 200,000 people, whom our coaches where they get those from. will be working with to assess their needs and refer them to further intensive support, whether daily signing Stephen Timms: I remind the Minister of the letter or community work placement, to find out what limiting from a whistleblower—a constituent of mine—with factors are not helping them into work. Is greater whom she has been in touch, who says: support needed? Is it about employability skills? Do “I am not sure if the providers are aware of a ‘good cause’ they need more work skills? Those are the things that clause in the process…I don’t think it is being exercised much we are really trying to get to grips with, understand and within the Jobcentre either as it would affect the number of off reach out further on. Early trailblazing of this approach flows”. shows that continuing this support has a long-term I understand the theory, which the Minister set out, but positive impact on claimants. Participants spent less the reality is rather different. time on benefit and more time in work over a 21-month period. Esther McVey: The right hon. Gentleman quotes an Many questions have been asked. I shall answer some anonymous whistleblower, but I am the Minister replying of those asked by the right hon. Member for East Ham. and I am not anonymous. We do know what good cause We have talked about good cause and personalisation, is. For example, if there were confusion about someone the claimant commitment and extra support, and about 187WH Jobcentre Plus10 JULY 2014 Jobcentre Plus 188WH the whistleblowers. Yes, the Prime Minister met the culture change, in that staff are, ever more than before, Trussell Trust, as did I. I have also been to my local food helping people who come through the door into training bank. We will all agree—there is no doubt—that those and into a job. With the claimant commitment, they are organisations are doing a good job, supporting people, really personalising that support. Yes, there has been a but we have to look at the bigger implications for culture change, for the benefit of everyone. society as a whole, which is why it was right that the Prime Minister met the Trussell Trust. We know that it Sheila Gilmore: Is the Minister aware of considerable was set up in what was regarded as a boom time, when research evidence showing that people on low incomes things were going well, before 2007. That was back in are good at budgeting, and that her attitude—that 2002 and the organisation increased tenfold, just as it many people need somehow to be taken by the hand was setting up, up to 2010. It went to the then Labour and taught to do basic things, such as budgeting—is Secretary of State for Work and Pensions, asking, “Would intensely patronising and quite unnecessary? you signpost?”, but the Labour Secretary of State said, “We will not”, because the Government did not want it Esther McVey: I certainly do not believe that I have growing even bigger and did not want to help people such an attitude. I disagree on that point. out, because it was growing on the ground. However, when it approached the Secretary of State in this The people who come into Jobcentre Plus need help Government, he said, “I will signpost people to those, if and support, and we have been led by many of those need be, because you need to help people as best you who have been in debt and have not been so good at can.” looking at their finances, for one reason or another. Perhaps some hon. Members in this Chamber have not So many things come into play, as the people who run always been great at looking at our budgets, or support, food banks say: understanding how to cook; prioritisation and may have been caught unawares, if not in work and of bills; debt; and debt cards. So many things are if they had been expecting a wage and not had one. It tangled up with this issue that we have to educate and does not matter whence you come; you can always have support people, as well as doing things right in an difficulties with finances, fall on tough times and be out emergency. However, this Government and Jobcentre of work. Plus are getting it right on taking the first step to get people out of poverty, by any standard and according I certainly do not have an attitude. I always say, to all parties in the House, because they we are seeing “Don’t pass comment on anybody else. You haven’t record rates of people getting into work. walked 12 miles in their shoes,” and “There but for the grace of God go I.” I work on a completely different Sheila Gilmore rose— premise to the one suggested by the hon. Lady. We are pushing ahead with changes to our welfare Stephen Timms rose— system and those changes are already paying off. We are rolling out universal credit. By 2016, all new benefit Esther McVey: Being able to provide for themselves claimants will be for universal credit. The majority of and their family is people’s best way out of poverty I existing claimants will move on to UC by 2017. will now give way. I thank the Chair of the Committee and praise all the people who work in our Jobcentre Plus offices. Stephen Timms: The Minister told us she met the Trussell Trust, by which I take it she means that she met people at the local food bank. I welcome that. Is she 4.29 pm willing to meet the chief executive of the Trussell Trust, Dame Anne Begg: I have less than a minute to respond. to discuss these issues with him? I pay tribute to the hard-working Jobcentre Plus staff; they do their core ventures well, work in difficult and Esther McVey: I have always said that I am there. ever-changing circumstances and they are at the front Really, the key person who met him is the Prime Minister, line, having to take a lot of the criticism of Government and it is right that he did so. policies, which they are implementing but over which they have no control. Stephen Timms: Is that a yes? There are a lot of questions that the Minister did not manage to answer. We still need the best help for those Esther McVey: I have always agreed. I have met the facing the highest barriers. There is a huge increase in Trussell Trust in my area and the food bank. We decided the use of sanctions and we need an independent inquiry that the Prime Minister should meet him to discuss the on that. The Minister did not give any reasons why issues. there is such a huge increase in food banks and, We are increasing the percentage rate for our processing unfortunately, she has not said anything about off-flow and getting more people into work. measures. The Minister’s own Universal Jobmatch has thrown Sheila Gilmore: Will the Minister give way? up a job that was supposedly 20 miles from her constituency, but was actually in Japan. Esther McVey: I am afraid that I will not at the moment. When we talk about a change in culture at Jobcentre 4.30 pm Plus, about reputation and how people feel about doing Sitting adjourned without Question put (Standing Order their job, the response is that there has been a significant No. 10(13)).

21WS Written Statements10 JULY 2014 Written Statements 22WS

Copies are available in the Libraries of both Houses. Written Statements The report forms an important part of the accountability mechanisms for the Financial Conduct Authority under Thursday 10 July 2014 the Financial Services and Markets Act 2000 (FSMA), and assesses the performance of the Financial Conduct BUSINESS, INNOVATION AND SKILLS Authority over the past 12 months against its statutory objectives. National Physical Laboratory

The Minister for Universities and Science (Mr David Fiscal Sustainability Report Willetts): I want to update the House on the progress since my statement of 27 November 2012, Official Report, column 6WS. The Chief Secretary to the Treasury (Danny Alexander): Following a formal competitive process, I have selected Today the independent Office for Budget Responsibility the universities of Strathclyde and Surrey to work to (OBR) published its fourth fiscal sustainability report develop a strategic partnership with Government and (FSR). This document meets their requirement to annually NPL. This new partnership will help to provide future prepare an analysis of the sustainability of the public leadership of NPL, subject to reaching a formal agreement. finances, and provides an important insight into the The partners’ proposal provided the best opportunities state of the public finances and the impact that demographic to meet the objective set out in November 2012 at the change will have. The report was laid before Parliament beginning of this process to strengthen both fundamental earlier today and copies are available in the Vote Office research and engagement with business by applying and Printed Paper Office. measurement science to support innovation and growth. According to the OBR’s analysis, policy action taken My aims continue to be: by the Government over the past year has had a substantial Bring greater expertise and intellectual flexibility to strengthen positive impact on long-term fiscal sustainability, reducing the laboratory’s science; the projected level of debt in 2063-64 by 66% of GDP. Make better use of the existing facilities by strengthening the As a result of demographic change, debt is projected to laboratory’s links with its academic partners, through new rise to 84% of GDP by 2063-64, and in the absence of and existing collaborations with academia and industry; policy change the OBR projects that net debt would Encourage greater interaction with business, driven by closer have risen to 150% of GDP in 2063-64. This improvement integration of existing innovation infrastructure and commercial is in the context of updated population projection from activity; and the Office for National Statistics which has revised up Make better use of the site at Teddington by granting the projected scale of the demographic challenge. partners access to our spare capacity. A partnership with an academic institution would also allow Nevertheless, the FSR’s key conclusion is that, for the formation of a dedicated applied science postgraduate “longer-term spending pressures, if unaddressed, would put the institute. public finances on an unsustainable path″. Scientific research is often limited by what can practically As the OBR notes in its analysis, this is due to the be measured. NPL’s research pushes this boundary and spending pressure generated by an ageing population, works with industry to apply this knowledge in practice— which is projected to increase age-related spending by making a real difference to people’s lives and livelihoods. 4.8% of GDP from 2018-19 to 2063-64. The universities will work closely with BIS and NPL on In addition to projecting the impact of demographic the future science strategy, enabling the partnership to change on public spending, the FSR examines the long-term boost NPL’s status and international influence as a sustainability of tax revenues. It has projected that tax world-leading National Measurement Institute, as well revenues will remain at a relatively constant share of as strengthening its engagement with business. At the GDP from 2018-19 onwards, but has highlighted the same time the universities will benefit from strengthening challenges faced by sources of revenue in decline, their own scientific excellence. particularly revenues from North sea oil and gas. The strategic partnership offers exciting prospects to Notably, the FSR’s projections of state pension enhance the reach and impact of NPL’s science and expenditure incorporate the Government’s announcement commercial activities. NPL will continue to work with a at autumn statement 2013 that the regular reviews of wide range of academic and industrial partners both the state pension age will be guided by the principle that across the UK and internationally. people should expect to spend, on average, up to a third In the new arrangement, the Department for Business, of adult life receiving the state pension. Innovation and Skills will own the operating company, NPL Management Ltd, in a change to the current Setting the state pension age with regard to life arrangement whereby NPL has been operated under a expectancy reduces the risk that future Governments Government-owned contractor-operated arrangement. would have to take emergency action to ensure sustainable public finances, as it allows the Government to respond regularly to changes in demographic data. The European TREASURY Commission and the International Monetary Fund (IMF) have also advocated the introduction of linking pension Financial Conduct Authority spending to life expectancy. The OBR projects that this policy change will have a substantial positive impact on The Economic Secretary to the Treasury (Andrea long-term fiscal sustainability, with state pension spending Leadsom): The annual report and accounts 2013-14 of projected to be 0.9% of GDP lower and debt 17% of the Financial Conduct Authority (FCA) has today been GDP lower by 2063-64 than if the state pension age had laid before Parliament. risen with currently legislated changes. 23WS Written Statements10 JULY 2014 Written Statements 24WS

The new state pension age guiding principle complements a result, a fine of £1,030,176, the largest for an off-payroll reforms which have already been made to state pensions, breach so far, has been imposed on the Land Registry such as the single tier. The new simple state pension for for breaking these rules. future pensioners, set at a level above the standard I have also written to the Secretary of State for minimum guarantee in pension credit, will not cost any Business, Innovation and Skills, as the parent Department more than the current system overall and enable individuals for the Land Registry, asking him to set out the action to plan for retirement with greater certainty. The OBR he will take to hold the Land Registry to account. projects that by 2063-64, the new system will generate While the vast majority of off-payroll contracts are in savings of around 0.5% of GDP. place for legitimate reasons, I am committed to ensuring Reforms to the state pension come alongside the that the public sector demonstrates the highest standards Government’s reforms to public service pensions, which in this area. I will continue to monitor compliance to will rebalance taxpayer and member contributions in ensure this is the case. the short term while ensuring costs are sustainable and fair in the long term. New scheme designs, the rebalancing of costs between members and taxpayers and switching Customs Infringements and Sanctions to uprating by the consumer prices index (CPI) is projected (EU Legal Framework) to lead to savings of 0.6% of GDP a year by the 2060s. The Government are committed to ensuring that our public finances are put on, and remain on, a sustainable The Financial Secretary to the Treasury (Nicky Morgan): path for the long-term. The OBR analysis makes it very I wish to inform the House that the Government have clear that the Government’s medium-term fiscal opted in to the proposal for a directive of the European consolidation plan is the most vital step towards achieving Parliament and of the Council on the Union legal long term fiscal sustainability. framework for customs infringements and sanctions. As part of this commitment, both parties of the This measure proposes to introduce an EU-wide set coalition have agreed that once debt as a percentage of of customs infringements and associated sanctions. The GDP begins to fall in 2016-17, it should continue to fall objective of this directive is to improve the functioning in future years. At autumn statement 2013 the Government of the single market by attempting to align better the announced that over the course of this year they will range of infringements and sanctions imposed by member review the fiscal framework and that the outcome of states. The directive is designed to support the recently this review will inform an updated Charter for Budget updated Union customs code, which is the main body Responsibility to be presented to Parliament alongside of EU law that sets down the rules on customs procedures autumn statement 2014. and related matters and which will come into effect in As part of its public service reform seminar series 2016. announced at Budget 2014, the Government will hold a seminar on long-term sustainability with a focus on Financial Ombudsman Service health care and technology, and how advances in technology can be harnessed to deliver efficient, cost-effective health services in the future. The Economic Secretary to the Treasury (Andrea Leadsom): The annual report and accounts 2013-14 of Land Registry the Financial Ombudsman Service has today been laid before Parliament. The report forms an important part of the accountability The Chief Secretary to the Treasury (Danny Alexander): mechanisms for the Financial Ombudsman Service under In March 2014, I published the results of the first the Financial Services and Markets Act 2000 (FSMA), evaluation of tax arrangements for off-payroll contracts and assesses the performance of the Financial Ombudsman in the public sector following the introduction of tighter Service over the past 12 months in discharging its rules in May 2012 when I published “The Review of the functions. tax arrangements of public sector appointees”. For senior management where the tax arrangements of individuals should not be open to question, the May COMMUNITIES AND LOCAL GOVERNMENT 2012 review specified that, regardless of their tax arrangements, board-level officials and those with significant financial responsibility should be on the payroll of the Neighbourhood Planning Department or other employing body. This is unless there are exceptional circumstances, and such exceptions should not exist for longer than six months. The Parliamentary Under-Secretary of State for Two Departments, the Department for Environment Communities and Local Government (Nick Boles): The and Rural Affairs and the Department for Transport, coalition Government are committed to devolving down each received a fine for failing to ensure that senior power to local communities—not just to local councils, appointments are on-payroll within six months of but down further to local neighbourhoods, parishes and appointment. local residents. The Localism Act introduced a series of I am continuing to monitor compliance with these new community rights, including neighbourhood planning. rules and have recently identified a breach at the Land Under the last Administration, planning policy had Registry, where a senior Land Registry board member become the preserve of regional quangos, municipal officers was engaged off-payroll for longer than six months. As and NGOs, rather than local people. Neighbourhood 25WS Written Statements10 JULY 2014 Written Statements 26WS planning has changed this by giving communities direct residential had been made. In May, a report by Knight power to develop a shared vision for their neighbourhood Frank corroborated the extent to which the policy has and deliver the sustainable development they need. helped provide new homes, with applications for prior Local communities can, for example, choose to set approval for conversions now standing at an estimated planning policies through a neighbourhood plan that is 3.2 million square feet. then used in determining planning applications. The We recognise that there may be very local reasons Government remain strongly committed to encouraging that mean such permitted development rights might not the preparation of neighbourhood plans, allowing local always be appropriate. In these circumstances local people to get the right type of development for their authorities can issue what is known as an article 4 communities, while still meeting the needs of the wider direction. The national planning policy framework states area. article 4 directions should only be used in limited situations It is clear that communities have positively embraced where it is necessary to protect local amenity or the these new powers, which go far beyond the traditional well-being of the area. The Government’s planning approach and also ensure real community involvement guidance specifies that there should be particularly at every stage of the process. The number of areas strong justification to withdraw permitted development having taken the first step in creating a neighbourhood rights where a direction applies to a wide area or where plan by applying for neighbourhood area designation prior approval powers are available to control development. recently passed 1,000, and the 20 successful referendums In my written ministerial statement of 6 February so far have shown that local residents are succeeding in 2014, Official Report, column 29WS, I reported that the using their new power, creating plans that are now being London Borough of Islington had issued a blanket used in determining applications and shaping development. article 4 direction which had been applied to the whole This trend is set to continue. borough, outside of the central activities zone. As at the The Secretary of State is keen that all planning time of introducing the permitted development right we appeal decisions should reflect the Government’s clear granted an exemption for the central activities zone, the policy intention when introducing neighbourhood planning, (non-immediate) article 4 direction had the intended which was to provide a powerful set of tools for local effect of removing office to home conversion permitted people to ensure they get the right types of development development rights from the entire borough area. National for their community, while also planning positively to planning policy and guidance is clear that such expansive support strategic development needs. He is therefore article 4 directions require particularly strong justification, keen to give particular scrutiny to planning appeals in, given the clearly stated public policy goal of liberalising or close to, neighbourhood plan areas to enable him to the planning rules and helping provide more homes. It consider the extent to which the Government’s intentions was my view that the council had not provided this are being achieved on the ground. justification and therefore it was given an opportunity To this end, he proposes to amend the criteria for to narrow its direction. consideration of the recovery of planning appeals to Ministers have considered Islington’s proposal for the include: proposals for residential development of over article 4 direction to apply to a reduced area but determined, 10 units in areas where a qualifying body has submitted in light of the tests set out in national policy and a neighbourhood plan proposal to the local planning guidance, that it remains unacceptably expansive and authority: or where a neighbourhood plan has been unjustified. Taking into account the background of the made. significant need for new housing in London particularly, Ministers have taken steps to cancel Islington’s article 4 For the avoidance of doubt, planning “recovery” direction in relation to class J of the Town and Country should not be confused with “call-in”—where the original Planning (General Permitted Development) Order 1995. application decision is taken away from the council and made by Ministers. Recovery involves Ministers making This coalition Government are committed to providing appeal decisions that would otherwise be made by the more homes on brownfield land, and our change of use Planning Inspectorate. reforms are helping deliver these without burdening taxpayers. These conversions coming forward will help This new criterion is added to the recovery policy of offer competitively priced properties, accessible to hard- 30 June 2008, Official Report, column 43WS, and will working people. Those who seek to oppose these changes be applied for a period of 12 months from today, after need to spell out exactly where they think new homes which it will be reviewed. This does not mean that all should go instead, given the pressing demand for housing such appeals will be recovered, but that the Secretary of and the need to protect England’s beautiful countryside. State is likely to recover a number of appeals. This revocation should send a strong message to the housing industry that we will act to provide certainty and confidence in our change of use reforms, supporting New Homes (Change of Use) new investment in homes and helping bring underused property back into productive use as housing. The Parliamentary Under-Secretary of State for Communities and Local Government (Nick Boles): In CULTURE, MEDIA AND SPORT May 2013, the coalition Government introduced legislation First World War Centenary Cathedral Repairs Fund that allows offices to convert to homes without having to apply for planning permission. This has had a positive effect creating much needed new homes. In January The Secretary of State for Culture, Media and Sport 2014, six months after coming into force, a survey (Sajid Javid): I am today publishing the list of successful carried out by the Estates Gazette found that more than bidders to the first round of the first world war centenary 2,250 applications for change of use from office to cathedral repairs fund. 27WS Written Statements10 JULY 2014 Written Statements 28WS

The £20 million fund, which was announced by the Cathedral Denomination Funding Project Chancellor of the Exchequer at Budget 2014, will enable cathedrals to undertake urgent repair work. Cathedrals Liverpool CofE £100,000 Repairs to the first are powerful symbols of Britain’s shared history and bays of the nave will be especially important as the nation comes together aisles and the Welsford and to commemorate the centenary of the first world war. Rankin Porches. The fund will run for two years and grants to cathedrals Newcastle St. Catholic £185,000 Replacing defective will be allocated three times during this period: in July Mary’s external 2014, October 2014 and February 2015. Decisions on stonework. funding allocations are taken by an expert panel which Northampton Catholic £35,000 Removal and repair stained glass considers the grant applications against the published windows. criteria for the scheme and decides which cathedrals Peterborough CofE £14,500 Three windows to should receive funding. The panel is chaired by Sir Paul be re-leaded to Ruddock and includes senior figures from English Heritage, ensure they are the Heritage Lottery Fund, the Church of England and weather-proof. the Catholic Church, as well as church architects, Rochester CofE £200,000 Repair pre- architectural historians and grant-giving experts. Reformation Library, the vestry I am pleased to confirm that the panel has decided to roof and related allocate funding of almost £5 million to 22 cathedrals in external works. the first round. These are as follows: Salisbury Coffi £485,000 External repair and conservation. Cathedral Denomination Funding Project Southwark CofE £325,000 Replace asphalt gutters with lead linings to ensure it is water-tight and Bradford CofE £190,000 High level repairs replace the lead to the roofs and covering to the timberwork south facing slope Carlisle CofE £195,000 Conservation and of the nave. repair of masonry Southwark Catholic £385,000 Renewal of 1980s to the South Porch St. George’s gas boilers and Chichester CofE £140,000 Replace the North electrical intake to West Tower lead end frequent roof, which is power and energy home to the failures. Sailor’s Chapel St. Albans CofE £438,000 Repairs to the west that remembers front and its main those lost at sea entrance as well as and have no to medieval known grave. It stonework on the contains artefacts west porches. from both World Wars. Truro CofE £50,000 Repair storm damage from Coventry CofE £100,000 To complete urgent February this year. stabilisation and repair work. Westminster Catholic £290,000 Re-cover the asphalt roof of the Derby CofE £535,000 Essential works to nave. provide emergency and adequate Worcester CofE £80,000 Repairs and lighting. weatherproofing to the ceiling of the Exeter CofE £60,000 Essential remedial Cathedral Library work on the Medieval origin Total £4,776,000 steeply pitched amount high roofs as sections have collapsed and DEFENCE broken away. Gloucester CofE £233,500 Conservation work Defence and National Rehabilitation Centre on masonry and glass in the 15th The Secretary of State for Defence (Mr Philip Hammond): century Lady In October 2011, my predecessor updated the House on Chapel. progress towards the creation of a Defence and National Hereford CofE £200,000 Replace the sound Rehabilitation Centre (DNRC). I am today announcing system. that the Ministry of Defence intends to transfer its Leicester CofE £140,000 Remediation work on stone, windows rehabilitation centre at Headley Court to the Stanford and glass. Hall estate facility when it opens in 2017. Lincoln CofE £395,000 Conservation and Rehabilitation medicine is advancing rapidly. For this restoration work of reason, the feasibility of establishing a DNRC to put masonry on the the UK at the forefront of this field, benefiting the West Front NW Turret. armed forces and wider society, has been under consideration for a number of years. 29WS Written Statements10 JULY 2014 Written Statements 30WS

The Duke of Westminster funded a feasibility study has the potential to drive significant further advances in in 2010 and 2011, which concluded that there was rehabilitative medicine, building on the world-class convincing evidence that a DNRC would be able to experience of Headley Court. build on the remarkable achievements of Headley Court by offering substantial “betterment” in virtually all areas, providing an assured level of future care that will FOREIGN AND COMMONWEALTH OFFICE surpass that which is offered by Headley Court’s current capabilities. Subsequently, the duke acquired a site in the east midlands and has gained detailed planning Diplomatic Academy permission for the development of the new defence facility and outline permission for a civilian national rehabilitation centre on the same site. The designs for The Secretary of State for Foreign and Commonwealth the defence establishment are very well advanced and Affairs (Mr William Hague): I would like to inform the have been drawn up with the significant engagement of House of progress in establishing and opening the new the practitioners at Headley Court and the direct Diplomatic Academy at the Foreign and Commonwealth involvement of the MOD’s surgeon general. Office. The duke has led a major donor fundraising campaign When I opened the new Foreign Office Language to build the defence facility. Very significant progress Centre in September last year, I announced that we has been made and he is confident that the overall sum would also establish the first diplomatic academy in the required will be achieved in time for the establishment Department’s history. Intensive preparations have been to open at the end of 2017, as originally forecast. The in hand since then. DNRC programme will now move to the tendering The academy, which will be a central part of the stage with a view to construction work starting in 2015. Foreign Office with dedicated rooms including a library Design of the civilian national facility to support area within the King Charles street headquarters, is NHS rehabilitative work has involved the Department vital to building up the long-term strength and effectiveness of Health, the Department for Work and Pensions and of the Foreign Office as an institution. It is at the heart the Department for Culture, Media and Sport, as well of my vision of a Foreign Office that is an international as health authorities in the east and west midlands and centre of ideas and expertise; that leads foreign policy academic institutions. The outline permission for that thinking across Government; that is recognised as the facility at Stanford Hall envisages provision of a best diplomatic service in the world; and that is able to rehabilitation complex with the flexibility to encompass defend our country’s interests in an unpredictable and vocational rehabilitation, rehabilitation research and competitive international landscape for the long term. education, and to accommodate and support sports The academy will open in early 2015. It will enable athletes with disabilities. The application was entered continuous investment in the skills and expertise of our into on the basis that a full business case for the civilian UK-based and locally-engaged staff. It will foster a national facility, which will determine the best mix of culture where learning, expertise and collective memory facilities, will be considered in 2016. are shared across the Foreign Office and retained for the The Headley Court estate and premises is owned in future. its entirety by the trustees of the Headley Court Charity It will have 11 faculties covering key areas of diplomacy. who have been involved in the DNRC project from the These include law, languages, economic diplomacy, consular outset as a means of ensuring that the spirit and work, multilateral policy, and in-depth historical and achievements of Headley Court are carried forward geographic knowledge of nations and region. It will into the 21st century on a new, larger site, purpose-built have curricula for staff at various levels, provided through to continue to do what Headley Court has always done self-study, tuition, seminars, master-classes and group so well. A dialogue with the charity’s trustees as to their activities. Most materials will be available digitally and intentions with regard to the future of the site is under therefore remotely, enabling Foreign Office staff overseas way with the MOD. to draw fully on the academy. Staff in other Government Building on the success of Headley Court and the Departments who work on international issues will also tremendous support it has received from Help for Heroes, be able to participate, improving capability across Whitehall. the Royal British Legion, SSAFA and the many other The work of the academy has already begun, with the service charities, the DNRC will ensure the continued dissemination of learning material around the overseas provision of world-leading clinical rehabilitation to enable network and the start of master-classes in London. defence to care for the injured and the sick in the best Curricula across the 11 faculties are being designed possible way. The Help for Heroes facilities at Headley with corresponding course materials. There has been Court, an £8.5 million investment, will be replicated huge interest in the academy across Government, business and upgraded at the Stanford Hall estate to achieve groups and other Governments, and the academy is optimal clinical outcomes and the name “Help for already demonstrating its value as a means of extending Heroes Rehabilitation Complex” will be prominent in the UK’s soft power and diplomatic partnerships overseas. the new facilities. Key symbols of Help for Heroes at Over the last four years we have been engaged in the Headley Court, such as the Stretcher Bearer statue and biggest drive to build up the skills, capability and long-term the Pathway of Support, will also transfer to Stanford institutional strength of the Foreign Office that the Hall. Department has ever seen. Diplomacy requires a unique I will update the House on plans for the future of and complex set of skills, expertise and experience, and Headley Court when they have been determined. I am I am determined the staff of the Foreign and grateful to the Duke of Westminster for his generosity Commonwealth Office should excel in those skills for and determination. I am confident that the new DNRC decades to come. 31WS Written Statements10 JULY 2014 Written Statements 32WS

The Diplomatic Academy, in tandem with the new largest FCO programme funds. Our priority CT work Language Centre, the diplomatic excellence programme this year includes aviation security and building counter- and the opening or upgrading of 18 new embassies and terrorism capacity in key regions such as Asia, the diplomatic posts around the world by 2015, will be a middle east and Africa. significant contribution to the long-term capability of We will also continue to support counter-proliferation the Foreign Office and the diplomatic weight and influence work, including through strengthening the international of our country overseas. rules-based system that underpins our efforts. We will remain engaged in Afghanistan during transition, working on law enforcement, security, governance, rule of law FCO Programme Spending 2014-15 and democracy.We will work closely with Afghan partners to ensure UK-funded projects are sustained in the long term. The Secretary of State for Foreign and Commonwealth A new £1 billion conflict, stability and security fund Affairs (Mr William Hague): In my statement to the will build on the success of the existing conflict pool by House of 11 June 2013, Official Report, column 4WS, I bringing together more resources for defence, diplomacy, set out the funding allocations for the FCO’s strategic development and security assistance to tackle the causes programmes for the financial year 2013-14. I now wish and manifestations of conflict and instability abroad. to inform the House of our spending plans for financial This work will be guided by the National Security year 2014-15, together with information on how we will Council. deploy the funds effectively. In November 2011 my right hon. Friend the Prime The FCO’s strategic programmes directly support the Minister set a target of 100,000 more companies exporting delivery of two of our foreign policy priorities: safeguarding by 2020 and, in the 2012 Budget, my right hon. Friend the UK’s national security; and building the UK’s the Chancellor of the Exchequer set a goal of doubling prosperity; plus our important work to promote the UK exports to £1 trillion by 2020. FCO, UKTI and BIS UK’s values. Our programmes allow us to work alongside are working together to reach the £1 trillion target. Governments and civil society around the world to The FCO continues to support work to increase deliver projects which enhance our bilateral relationships, economic growth and meet this target by building the achieve our international objectives, and strengthen the four conditions for global and UK growth, specifically UK’s position internationally. working towards: openness—working for transparency The total allocation for financial year 2014-15 is and a strong, rules-based international economic system; £104.05 million, of which £76.5 million will count as sustainability—avoiding the dangers of climate change, official development assistance. This is a reduction of seeking more affordable and secure energy supplies, £29.5 million compared to last financial year, and is in working for a low-carbon economy, and promoting science line with a planned reduction in FCO programme spend and innovation; reputation—promoting Britain as an during this Parliament. In order to live within our international partner of choice and an important destination settlement, most programmes have been subject to some for business, tourism and study; and opportunity—helping reduction this year. Some, however, have remained British companies win new business and promoting unchanged, some have seen a small increase and some education and research partnerships and innovation as new areas of expenditure were added. The allocations drivers of growth. The FCO’s work overseas complements were made in accordance with our priorities, taking the work undertaken in other Government Departments account of wider Government spending. We have ensured towards generating economic growth at home. The FCO’s that the total FCO strategic programme fund remains prosperity fund projects relating to climate change are above £100 million. As set out in the autumn statement, aimed to complement HMG funding on climate change, the FCO will receive additional ODA funding in 2015-16 for example, through assisting with the development of and we therefore expect programme allocations to rise low-carbon economic strategies in emerging countries. again in financial year 2015-16. The GREAT campaign is used by the FCO and other For financial year 2014-15,1 have allocated £21.75 million Government partners in over 140 countries to promote in the area of security; £22.52 million for prosperity the UK as a world-class destination for business, investment, work that includes £3 million funds for the GREAT education and tourism. GREAT activity at home and campaign; and £59.78 million for bilateral, regional and abroad in 2013-14 is projected to generate economic human rights-related programmes. benefits worth £600 million-£800 million to the British Keeping British people safe from terrorism remains a economy over the next five years. top priority for the Foreign Office and the whole of The work to build our international influence will Government. The FCO counter-terrorism programme focus on promoting human rights, democracy and good fund (CTPF) is the main fund for terrorism-related governance. I allocated specific funds for the global assistance to foreign countries used by the FCO’s counter- summit to end sexual violence in conflict which took terrorism department. This is complemented by other place in June. We will maintain our support for the budgets used for counter-terrorism related activities Westminster Foundation for Democracy; maintain the and the tri-departmental (FCO, Department for current number of scholarships, which are an important International Development and Ministry of Defence) element in Britain’s public diplomacy effort and bring conflict pool, as I set out in my statement to the House young professionals, with strong leadership potential, on 24 June 2014. The CTPF has been reduced this year to study a wide range of academic disciplines including as we redirect FCO resources to where they can have the the humanities, science, the law and international relations most impact, and move some programmes to other in the UK. The programme offers scholars the opportunity Government Departments who are better placed to to gain a deep understanding of the UK and to build carry out that work. However, it remains one of the strong links with the UK. Over its 30 years Chevening 33WS Written Statements10 JULY 2014 Written Statements 34WS has built up a large and influential alumni network of for NCA officers designated with operational powers. I 43,000 scholars in more than 150 countries favourably wish to express my thanks to the chairman and members disposed to the UK and ready to support our interests, of the review body for their careful consideration of the with whom we maintain contact and many of whom evidence. have played a key role in helping us achieve our international Following an independent review of the evidence objectives. We will maintain our commitment to the supplied by the NCA, the Home Office, Her Majesty’s overseas territories; and we will continue to work with Treasury and the relevant trade unions, the NCA DFID on the Arab Partnership Participation Fund, remuneration review body has recommended various delivering a UK strategic priority through long-term pay increases with an average annual award increase of reform programmes which support the transition of approximately 1%. This is in line with the Government’s countries such as Tunisia to more open and inclusive policy that public sector annual awards should average societies. 1% for each of the two years following the public sector pay freeze. Additionally, in response to the NCA’s proposed Hong Kong (Sino/British Joint Declaration) amendments to its London weighting allowance, the review body has recommended that the NCA should The Secretary of State for Foreign and Commonwealth conduct a full review of the allowance’s design, purpose Affairs (Mr William Hague): The latest report on the and value. I accept these recommendations in full. implementation of the Sino-British Joint Declaration Copies of the NCA remuneration review body’s first on Hong Kong was published today. Copies have been report are available in the Vote Office and on www.gov.uk placed in the Library of the House. A copy of the report is also available on the Foreign and Commonwealth Office website (www.gov.uk/government/organisations/ Scientific Procedures on Living Animals foreign-commonwealth-office). The report covers the period from 1 January to 30 June 2104. I commend the report to the House. The Minister for Crime Prevention (Norman Baker): My right hon. Friend the Home Secretary is today laying before the House “Statistics of Scientific Procedures HEALTH on living Animals, Great Britain 2013” (HC 372). Overall, the annual statistical report shows a very Gosport War Memorial Hospital (Deaths) small (0.3%) increase in the total number of procedures (4.12 million) performed during 2013 compared with The Minister of State, Department of Health (Norman 2012. Of the overall total, fewer than half (2.02 million) Lamb): Following the publication of the Baker report in of the procedures were performed for purposes other August 2013 into higher than expected death rates of than for breeding. This represents a 5% decrease in the elderly patients at Gosport War Memorial hospital number of such procedures compared with 2012. The between 1988 and 2000, families have continued to raise majority were undertaken to breed genetically modified concerns about the initial care of their relatives and the (GM) and harmful mutant (HM) animals. This represents subsequent investigations into their deaths. In order an increase in such procedures of 6% compared with 2012. to try and address their concerns, and having given Since 1995, the number of procedures undertaken for consideration to a number of alternative options, I am purposes other than to breed GM and HM animals has setting up an independent panel to review the documentary decreased by 16% whereas breeding to produce GM evidence held across a range of organisations. and HM animals has risen by 573%. I have asked Bishop James Jones to chair the panel. Procedures involving dogs, non-human primates, cats Having successfully steered the Hillsborough panel, he and horses (that is, specially protected species) have brings a wealth of expertise and experience to this decreased by 23% since 1995 and, in 2013, accounted work. He has begun to work with affected families, and for only 0.4% of all procedures. will continue to do so over the coming weeks and Mice, fish and rats were the most commonly used months to ensure that the views of those most affected species in 2013, accounting for 93% of all the procedures by these deaths are taken into account. I have also asked carried out. Christine Gifford, a recognised expert in the field of access to information, to work alongside him and the In 2013, the numbers of procedures for safety testing various organisations to ensure maximum possible (toxicology) decreased by 0.5%. Since 1995, this use of disclosure of the documentary evidence to the panel. animals has decreased by 45%. I will further announce the details of the other panel The latest statistical report and supplementary members and agreed terms of reference in the autumn. information, including those for previous years, can be found at: https://www.gov.uk/government/collections/ statistics-of-scientific-procedures-on-living-animals HOME DEPARTMENT I am pleased to inform the House that I have also today placed in the Library the annual report of the National Crime Agency Remuneration Review Body Home Office “Animals in Science Regulation Unit” (ASRU) for the year 2013. The annual report can be The Secretary of State for the Home Department found at: https://www.gov.uk/research-and-testing- (Mrs Theresa May): The first report of the National using-animals Crime Agency (NCA) remuneration review body was The report describes how the Home Office has delivered published today. In line with my letter setting the body’s its responsibilities under the Animals (Scientific Procedures) remit, it has made recommendations on pay and allowances Act to regulate the use of animals, implement the new 35WS Written Statements10 JULY 2014 Written Statements 36WS regulations as part of the delivery of the transposed The ASC found no evidence of omission on the part directive, and engage with stakeholders. The report also of ASRU and its inspectors in their oversight of ICL. I provides details of inspection and cases of non-compliance welcome and endorse their confidence in the work of with the Act and the outcomes of those cases completed inspectors. Nevertheless, the ASC report makes several in 2013. sensible recommendations to support inspectors in achieving improvement in establishments where a pattern of low-level The actual severity experienced by each animal used concerns is apparent. The outcome of all the ASC’s will be reported in the statistics from 2014 onwards and recommendations should be to drive better practice I welcome this change. The annual report describes a across all licensed establishments and I intend to ensure pilot study carried out to test the process of collecting these improvements are made. I therefore propose to and reporting such data. The results of this small sample fully accept all the recommendations. showed over 80% of procedures to be mild, with 11% moderate and 2% reported as severe. The remaining 5% It is not acceptable for individuals to fall short of the were considered to fall below the threshold for reporting. obligations placed upon them as duty holders under the Act. The provision of a licence entrusts duty holders to A key area of ASRU’s work is promoting the 3Rs uphold their legal obligations and to ensure the highest (replacement, refinement and reduction) which is at the standards of animal care and welfare at all times. In this heart of a coalition commitment to work to reduce the respect, I need to have total confidence in all those use of animals in scientific research. In February of this responsible for compliance under the Act. year, together with the Minister for Universities and I have discussed the ASC report with ICL and have Science in the Department for Business, Innovation and now been informed by them that the current establishment Skills, and Earl Howe, the Parliamentary Under-Secretary licence holder has agreed to step down from holding of State with responsibility for quality, Department of that responsibility with immediate effect. I believe this Health, I published a delivery plan with a framework of will enable them to make a fresh start and move forward. measurable actions for delivering the commitment through I am pleased to note that that significant progress has a science-led programme across Government, its agencies, already been made by ICL in addressing the matters the research community in both academia and industry, identified. and animal welfare organisations. The scientific and economic arguments to use alternatives to animals in research are now as strong as the moral one. I fully Immigration Rules support the drive to develop methods to reduce the use of animals and which will also deliver fast, high quality The Minister for Security and Immigration (James research and boost the UK’s economic growth through Brokenshire): My right hon. Friend the Home Secretary cutting-edge competitiveness. My ministerial colleagues is today laying before the House a statement of changes and I will report on progress in early 2015. in immigration rules. Section 24 of the Animals (Scientific Procedures) Act These changes will implement restrictions on the provides for the protection of information, given in ability of those already present in the UK as a tier 4 confidence, in connection with regulatory activities under (student) or tier 1 (post study work) migrant to make an the Act. I am committed to enhancing openness and in-country application for an extension of stay as a tier transparency about the use of animals in scientific 1 (entrepreneur). research, and I launched earlier this year a public The tier 1 (entrepreneur) category is for those who consultation to review section 24 to which there has wish to establish a genuine business which will generate been a substantial response. Once I have given proper jobs in the UK. It has, however, become clear that the consideration to the views expressed I will publish the majority of those applying in-country for leave in the Government’s response. I intend to make changes to the category are those who have come here for the purpose legislation during this Parliament. of study and are making speculative or fraudulent The coalition Government expects all licensed applications simply to extend their stay in the UK. establishments to foster a strong culture of commitment Checks against the tax records of those who have to their compliance with all aspects of the regulations been granted leave as entrepreneurs suggest that few and their implementation. As the regulatory authority, have gone on to engage in genuine entrepreneurial the Home Office ensures that the provisions of the Act activity, and that a significant proportion have taken are rigorously applied and only authorises work that is employment in breach of their conditions, typically at justified and that minimises both the numbers of animals low skill levels. used and the animal suffering that may be caused. This shows that a robust response is required to Earlier this year, to assist establishments to ensure their protect the integrity of the immigration system and to compliance, we published the guidance on the operation make clear that systematic abuse will not be tolerated. of the Act. In this, we explain in detail how we administer The new restrictions on switching into the tier 1 and enforce the Act, and also how we expect duty (entrepreneur) category will apply while we carry out holders to deliver on their responsibilities. further investigations into these abuses and review the In December I commissioned the Animals in Science route to ensure that it delivers its proper purpose, which Committee (ASC) to provide me with an independent is to help foster growth and innovation. The changes report to consider lessons to be learnt from reviews and will come into force tomorrow, to guard against the investigations into non-compliance stemming from possibility of any further intake of speculative or fraudulent allegations of non-compliance at Imperial College London applications. (ICL). The ASC report was published on 2 July 2014 The tier 1 (entrepreneur) remains open. Those who and I have today published my consideration of their already have leave in the category will continue to be advice. able to extend their stay. The new restrictions will not 37WS Written Statements10 JULY 2014 Written Statements 38WS apply to those qualifying on the basis of seed funding Nationality, Immigration and Asylum Act 2002 which or funding provided by another government department, apply to decisions engaging the qualified right to respect nor, in the case of those switching from the tier 1 (post for private and family life under article 8 of the European study work) route, will they apply to those who have convention on human rights. The changes also align the already established a genuine business. Those who graduate immigration rules on family and private life in part 13, here will continue to be able to apply to extend their which relate to foreign criminals, with the public interest stay under the tier 1 (graduate entrepreneur) category, considerations in sections 117B and 117C of the 2002 which is significantly undersubscribed. Those who have Act. These considerations are inserted by section 19 of a genuine intention of establishing a business here will the Immigration Act 2014. also continue to be able to apply from overseas. Section 19 gives the weight of primary legislation to In addition, this statement of changes to the immigration Parliament’s view of what the public interest under rules will remove all tests provided by Cambridge article 8 requires, in particular in respect of controlling International Examinations (CIE), and specific tests immigration to safeguard the UK’s economic well-being provided by Cambridge English and Trinity College and in respect of preventing disorder or crime. London from the list of approved English tests. These The statement of changes also contains amendments changes are being made at the providers’ requests. facilitating the use of the non-suspensive appeals provision, The changes also add a new 12 month “mathematics inserted by section 17(3) of the Immigration Act 2014. teacher exchange” scheme to the tier 5 (Government This provision allows the Secretary of State to certify authorised exchange) route. This scheme is aimed at an appeal where an individual is liable to deportation sharing best practice in the teaching of mathematics in when, despite the appeals process not having been begun schools across England and China, and supports the or not having been exhausted, removal of a person to objectives of the Department for Education who will the country or territory to which they are proposed to administer and fund the scheme. be removed, pending the outcome of an appeal in This statement of changes also contains amendments relation to their claim, would not be unlawful under to align the immigration rules on family and private life section 6 of the Human Rights Act 1998, for example in Appendix FM and paragraphs 276ADE-276DH with the individual would not face a real risk of serious the public interest considerations in section 117B of the irreversible harm if removed.

345W Written Answers10 JULY 2014 Written Answers 346W

community in supporting those calling for human rights Written Answers to in Burma. We regularly raise our strong concerns regarding any violations of human rights with senior members of Questions the Burmese Government and military, among others. We strongly support work being led by international partners, including the UN, to help Burma better Thursday 10 July 2014 understand the UN Convention Against Torture, and the steps that need to be taken as part of ratification. It is the policy of the British Government that any judgment on whether war crimes have occurred is a FOREIGN AND COMMONWEALTH OFFICE matter for international judicial decision, rather than Africa for governments or non-judicial bodies. Our approach is to seek an end to all violations, and to prevent their Mr Gregory Campbell: To ask the Secretary of State further escalation, irrespective of whether these violations for Foreign and Commonwealth Affairs if he will raise fit the definition of specific international crimes. at the UN the Amendment to the Protocol on the Statute of the African Court of Justice and Human Nuclear Disarmament Rights adopted at the 23rd Ordinary Session of the African Union. [204218] Paul Flynn: To ask the Secretary of State for Foreign and Commonwealth Affairs what the cost of work Mark Simmonds: The African Court of Justice and undertaken by his Department relating to nuclear Human Rights is not yet operational. disarmament was in 2013-14; and if he will make it his The UK continues to believe that there must be no policy separately to detail in his Department’s annual impunity for genocide, war crimes and crimes against report and accounts expenditure and activity relating humanity. We will continue to voice our support for this to nuclear disarmament. [204083] principle. Hugh Robertson: Work on nuclear disarmament is led The UK strongly supports the International Criminal by the Counter-Proliferation Department, which has Court (ICC) as a court of last resort when other courts approximately thirty members of staff. We also use our are unable or unwilling to act. The Rome Statute of the global network of embassies and missions on a daily ICC states that the Statute shall apply equally to all basis to take forward this work. We do not record time persons without any distinction based on official capacity. spent on disarmament specifically, therefore we will not This important principle supports the Court’s work to be reporting separately on the costs of this work in the end impunity for the perpetrators of atrocities and Annual Reports and Accounts. More detailed information deliver justice for victims of such crimes. on our progress on nuclear disarmament was most Burma recently reported in our NPT PrepCom National Report, which was deposited in the House on 29 April 2014 (reference DEP2014-0656). Mr Buckland: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make it his policy to support an independent, international Somalia inquiry, with Burmese participation, into alleged war crimes and crimes against humanity in Burma. [204080] Andrew Rosindell: To ask the Secretary of State for Foreign and Commonwealth Affairs how many British Mr Swire: We have made clear to the Burmese nationals have required emergency consular assistance Government our strong concerns over the human rights in Somalia in each of the last four years. [204395] situation in the country, particularly in Rakhine state and the ethnic border regions. Our priority is to seek an Mark Simmonds: We are unable to provide direct end to all human rights violations. We have been firm consular assistance in Somalia. However, while we advise that as part of this process the culture of impunity must against all travel to Somalia except for the cities of be properly tackled, which we believe is best achieved Hargeisa and Berbera, to which we advise against all through a clear, independent and transparent investigative but essential travel, we have provided some consular and prosecutorial process that meets international standards. assistance to British nationals who have travelled to Somalia through our embassy in Addis Ababa and high Mr Buckland: To ask the Secretary of State for commission in Nairobi. There have been three cases so Foreign and Commonwealth Affairs (1) what steps he far in this financial year. There were seventeen cases in is taking to urge the Government of Burma to end 2013-14, eight in 2012-13, nine in 2011-12, and ten in torture, investigate reports of continuing use of torture, 2010-11. and bring the perpetrators to justice; [204085] (2) what recent reports he has received of the widespread Yemen use of torture in the conflict zones of Burma and alleged war crimes and crimes against humanity in that Mr Watson: To ask the Secretary of State for Foreign country; [204075] and Commonwealth Affairs pursuant to the answer of 11 June 2014, Official Report, column 183W, on Mr Swire: We are concerned by reports of the use of Yemen, if she will make an assessment of the effects on torture in conflict zones in Burma. We remain one of security in Yemen of remotely piloted air systems. [R] the most vocal and active members of the international [204032] 347W Written Answers10 JULY 2014 Written Answers 348W

Hugh Robertson: Drone strikes against terrorist targets Graham Jones: To ask the Secretary of State for in Yemenare a matter for the Yemeniand US Governments. Work and Pensions what discussions he has had with We expect all concerned to act in accordance with learning disability charities on the closure of the international law and take all feasible precautions to Independent Living Fund. [204156] avoid civilian casualties when conducting operations. There is a need for effective action, and for Yemeni Mike Penning: In July 2012 the Department consulted ownership of the fight against terrorism. It is important extensively on the future of the Independent Living that Yemen and the international community continue Fund, including a large number of disability organisations. to work together to combat this common threat of The consultation received approximately 2000 responses, terrorism. 79 of these responses were from disability organisations. National Employment Savings Trust Scheme

WORK AND PENSIONS Cathy Jamieson: To ask the Secretary of State for Access to Work Programme Work and Pensions (1) what estimate he has made of the number of people in (a) the UK, (b) Scotland and (c) Kilmarnock and Loudoun constituency who are Kate Green: To ask the Secretary of State for Work enrolled in NEST and make additional payments by and Pensions what methodology is used by his Department monthly direct debit; [204519] to assess the comparative costs and benefits of the Access to Work scheme. [204252] (2) how many (a) males and (b) females in Kilmarnock and Loudoun are enrolled in the National Mike Penning: The Department’s approach to the Employment Savings Trust. [204520] social cost-benefit analysis of employment programmes is outlined in DWP Working Paper No. 86, available via Steve Webb: The National Employment Savings Trust https://www.gov.uk/government/uploads/system/uploads/ announced on 1 April 2014 that they have over a million attachment_data/file/214384/WP86.pdf members. The Department is currently considering the extent to The Department for Work and Pensions does not which this methodology can be applied to Access to hold any information about NEST scheme members. Work. Poverty: Warrington Kate Green: To ask the Secretary of State for Work Helen Jones: To ask the Secretary of State for Work and Pensions how many disabled people entered the and Pensions how many people in (a) Warrington Access to Work scheme in each year since 2004. [204256] Borough and (b) Warrington North constituency were in (i) relative and (ii) absolute poverty in 1997-98 and Mike Penning: Information on the number of individuals each year since. [204253] helped by the Access to Work scheme each year are only available back to 2007, and up to Q3 (31 December 2013). The requested information is already published Esther McVey: The information requested is not available. from 2007 onwards, and can be found within table 1 on Estimates of the number of people in low income page 8 of the latest publication at the following link: households are published in the National Statistics https://www.gov.uk/government/uploads/system/uploads/ Households Below Average Income (HBAI) series. HBAI attachment_data/file/303353/access-to-work-statistics-april- uses household income adjusted (or ‘equivalised’) for 2014.pdf household size and composition, to provide a proxy for standard of living. This information is captured using Employment and Support Allowance the Family Resources Survey. The latest figures for people reported to be in relative Mike Kane: To ask the Secretary of State for Work and absolute poverty by the HBAI series can be found and Pensions what the cost to the public purse of all in the latest HBAI publication, available at the following employment and support allowance appeals has been link: since May 2010; and what the cost of all such appeals https://www.gov.uk/government/uploads/system/uploads/ which were successful has been. [204093] attachment_data/file/325416/households-below-average-income- 1994-1995-2012-2013.pdf Mike Penning: I refer the hon. Member to the answer (ISBN 978-1-78425-188-8) I gave on 7 July 2014, Official Report, column 103W, to the hon. Member for York Central (Hugh Bayley). Supporting data tables, which include figures for each region of the UK, are available at the following link: Independent Living Fund https://www.gov.uk/government/publications/households-below- average-income-hbai-199495-to-201213 Graham Jones: To ask the Secretary of State for Information at constituency or local authority level is Work and Pensions what assessment he has made of not available as the sample size of the Family Resources the effect on learning disability outcomes of the closure Survey is not sufficient to provide robust estimates. The of the Independent Living Fund. [204155] lowest geography at which poverty estimates are reported is regional level. Mike Penning: The potential implications of closing Remploy the Independent Living Fund and devolving the full funding to local authorities (LA) are set out clearly in Kate Green: To ask the Secretary of State for Work the Equality Analysis published on 6 March 2014. and Pensions what steps his Department has taken 349W Written Answers10 JULY 2014 Written Answers 350W to work with Remploy factory workers since the Former employees have also been referred to Community factory closure programme began; how many former Support Fund projects where, in areas affected by factory Remploy factory employees are now in mainstream closures, local organisations support former Remploy work; and how many former Remploy employees have workers to move into employment and take part in been supported by the Access to Work scheme since the social activities. factory closure programme began. [204148] Latest figures show that 1,506 disabled former Remploy workers are choosing to work with our personal case Mike Penning: For all disabled former Remploy workers workers to find another job and 774 are in work. 259 made redundant as a result of factory closures, the disabled former Remploy employees have been supported Government put in place the £8 million guaranteed by the Access to Work scheme since they left the factories. People Help and Support Package (PHSP). The support package provides help to each affected disabled former Social Security Benefits employee for up to 18 months from the date they left Remploy. Rushanara Ali: To ask the Secretary of State for The PHSP includes one-to-one support from a personal Work and Pensions how many benefit claimants from case worker to identify suitable help to find work including (a) England, (b) London and (c) Bethnal Green and access to advice, and a personal budget. Personal budget Bow constituency were sanctioned in the last 12 months. awards can pay for items such as training, tools and [204200] equipment. After 18 months is complete, specialist support will continue to be available, usually from the same Esther McVey: The available information as requested specialist employment advisor. is shown in the following table.

Number of individuals with an adverse benefit sanction applied by geography, January to December 2013 Number

England 520,740 London 89,080 Parliamentary Constituency: Bethnal Green and Bow 2,250 Notes: 1. Figures have been rounded to the nearest 10. 2. The number of benefit sanctions applied is the number of claimants with a sanction or disallowance referral where the decision was found against them for those in receipt of jobseeker’s allowance, employment and support allowance and income support for lone parents. 3. New sanctions rules came into force for JSA and ESA from 22 October 2012 and 3 December 2012. The number of JSA sanctions applied for the new regime is the number of low, intermediate, and high level referrals where the decision was found against the claimant. Further information can be found here: https://www.gov.uk/government/publications/jobseekers-allowance-overview-of-sanctions-rules 4. Income support lone parents receive a fixed sanction of 20% of the personal allowance rate of a single claimant (not aged less than 25) for each failure to attend/ participate in a Work Focused Interview until 10p is left in payment. This sanction lasts until the individual attends and participates in a Work Focused Interview. In the case where there is more than one sanction in place the claimant need only attend/participate in one Work Focused Interview in order for all related sanctions to be removed from their benefit. 5. This information for JSA and ESA sanctions is published at: https://stat-xplore.dwp.gov.uk/ Sources: 1. (JSA and ESA): DWP Information, Governance and Security Directorate: Sanctions and Disallowance Decisions Statistics Database 2. (IS): Income Support Computer System

Stephen Timms: To ask the Secretary of State for Number of individuals with an adverse benefit sanction overturned in Bethnal Work and Pensions what representations he has received Green and Bow parliamentary constituency: January to December 2013 in support of maintaining the local welfare provision Number grant to local authorities; and if he will make a statement. Appeal 19 [204263] Total 363 Notes: Steve Webb: I refer the right hon. Member to my 1. Statistical disclosure control has been applied to protect against the identification of individual claimants. previous answer to my hon. Friend the Member for 2. The data provided is for the number of appeals and reconsiderations Torbay (Mr Sanders), on 13 March 2014, Official Report, overturned in Bethnal Green and Bow parliamentary constituency for JSA and column 318W. Our position has not changed. ESA only. The decision to apply a sanction can be overturned following reconsideration or appeal by the Sector Decision Maker. 3. The information shown in the table is published at: Social Security Benefits: Tower Hamlets https://stat-xplore.dwp.gov.uk/ The information requested on income support lone parents is not readily available and could only be provided at disproportionate cost. Rushanara Ali: To ask the Secretary of State for Source: DWP Information, Governance and Security Directorate: Sanctions and Work and Pensions how many benefit claimants from Disallowance Decisions Statistics Database. Bethnal Green and Bow constituency had benefit Training sanctions overturned in the last 12 months. [204203]

Esther McVey: The information requested in respect John Woodcock: To ask the Secretary of State for of jobseeker’s allowance (JSA) and employment and Work and Pensions what professional development support allowance (ESA) is shown in the table. courses are made available to staff of his Department; and what the cost to the public purse is of each such Number of individuals with an adverse benefit sanction overturned in Bethnal course. [204354] Green and Bow parliamentary constituency: January to December 2013 Number Mike Penning: This information could be provided Reconsideration 353 only at disproportionate cost. 351W Written Answers10 JULY 2014 Written Answers 352W

Winter Fuel Payments: Warrington refer a file to the police for consideration of whether a criminal investigation is appropriate. This followed the Helen Jones: To ask the Secretary of State for Work announcement that Wonga would pay £2.6 million in and Pensions how many people in (a) Warrington and compensation, after sending letters from non-existent (b) Warrington North constituency received winter law firms to customers in arrears. fuel payments in the last year for which figures are The CPS Deputy Head of the Specialist Fraud Division available. [204150] has met with the City of London Police to discuss this case. City of London Police are the national police lead Steve Webb: The information for winter 2012-13 is in substantial fraud investigations. At this stage, the available on the internet at: police have still to consider whether a criminal investigation https://www.gov.uk/government/publications/winter-fuel- is required and no advice has been sought from the payment-caseload-and-household-figures-201213 CPS. Any referral to the CPS will be made to the Specialist Fraud Division. Prosecutions ATTORNEY-GENERAL Emily Thornberry: To ask the Attorney-General Young Offenders what proportion of unsuccessful Crown Prosecution Service prosecutions have been because of victim issues Emily Thornberry: To ask the Attorney-General in each of the last seven financial years. [203936] what proportion of all defendants of charges of (a) rape, (b) sexual offences other than rape and (c) The Solicitor-General: The following table shows the domestic violence have been aged (i) 18 to 24 and (ii) 14 proportion of unsuccessful prosecutions due to victim to 17 in each of the last 10 financial years. [203934] issues in each of the last seven years. The data for 2013-14 is not directly comparable with previous years. The Solicitor-General: The following table shows the Victim reasons or issues are defined as non-attendance, proportion of prosecuted defendants, flagged as rape, retraction or the evidence of the victim does not support sexual offences excluding rape and domestic violence, the case or come up to proof. recorded in the age bands 18 to 24 and 14 to 17 in each of the last seven years: The CPS is continually striving to improve the quality of data used in both internal and external reports. The Percentage recording of the reasons for unsuccessful outcomes was (a) Rape (b) Sexual Offences (c) Domestic changed in April 2013 leading to enhanced recording of exc Rape Violence victim issues. It is hoped that this may more accurately (i) 14 (ii) 18 (i)14to (ii) 18 to (i) 14 (ii) 18 reflect the proportion of unsuccessful cases due to to 17 to 24 17 24 to 17 to 24 victim issues. 2007-08 10.1 21.5 7.5 16.3 4.0 24.1 Previously victim reasons may have been recorded as 2008-09 9.4 22.5 6.1 16.3 4.0 25.5 “essential legal element missing”or “unreliable witnesses”. 2009-10 9.5 22.5 6.0 17.0 4.0 26.0 Following a change to clarify the definitions in 2013-14, 2010-11 7.6 21.9 5.5 16.9 3.8 25.9 the CPS has seen a fall in these reasons (from 13.7% to 2011-12 8.1 21.3 4.7 16.6 3.3 25.8 4.0% and 2.2% to 1.4% respectively). In parallel there 2012-13 7.4 22.6 4.5 16.9 3.0 25.4 has been a rise in recording, of unsuccessful outcomes 2013-14 6.8 21.4 4.3 16.8 2.7 23.5 due to victim issues, with the figure rising from 15.8% to Data Source: 18.8% of all unsuccessful outcomes, of which 8.1% was CPS Management Information System due to victim retraction. The CPS did not separately collect data pertaining to the ages of defendants prior to April 2007. Victim issues/reasons (Percentage)

Credit: Interest Rates 2007-08 13.6 2008-09 13.3 Paul Flynn: To ask the Attorney-General what steps 2009-10 14.4 the Crown Prosecution Service is taking to prosecute 2010-11 15.4 payday money lenders under the Fraud Act 2006. 2011-12 15.7 [203917] 2012-13 15.8 2013-14 18.8 The Solicitor-General: The Crown Prosecution Service Source: (CPS) is not an investigative agency and will only bring CPS Management Information System. cases to court that have been referred by the police or Rape: Convictions another Law Enforcement Agency. The Financial Conduct Authority has regulatory Emily Thornberry: To ask the Attorney-General responsibility for payday lenders along with other financial what proportion of all unsuccessful outcomes in rape institutions and may either investigate criminal conduct cases have been because of victim issues in each of the themselves or refer it to another agency or force, as last seven financial years. [203935] appropriate. There has been recent publicity about the conduct of The Solicitor-General: The following table shows the one particular payday lender, Wonga. It was widely proportion of unsuccessful prosecutions in rape cases reported that the Financial Conduct Authority are to due to victim issues in each of the last seven years. 353W Written Answers10 JULY 2014 Written Answers 354W

The recording of the reasons for unsuccessful outcomes programme at the Defence Medical Rehabilitation Centre was changed in April 2013 leading to enhanced recording (DMRC) at Headley Court, which provides acute medical of victim issues. It is hoped that this may more accurately rehabilitation across the spectrum of injury from sports, reflect the rape victim issues the CPS is addressing exercise and accidents to more serious neurological through the National Rape Action Plan published in conditions and complex trauma casualties. June 2014. The plan includes a specific action to conduct When discharged from the DMRC, further rehabilitation research into the reasons behind victim withdrawals to might then be provided at one of 15 Regional Rehabilitation help identify steps to encourage victims to engage with Units. In addition, the Defence Recovery Capability, a the court process. Ministry of Defence (MOD) led initiative in partnership Previously victim reasons may have been recorded as with Help for Heroes, The Royal British Legion and “essential legal element missing”or “unreliable witnesses”. other Service charities and agencies, ensures that wounded, Following a change to clarify the definitions in 2013-14, injured and sick personnel have access to the key services the CPS has seen a fall in these reasons (from 4% to and resources needed to help them either return to duty 1.5% and 8.1% to 1.3% respectively). In parallel there or make a smooth transition into an appropriately has been a rise in recording of unsuccessful outcomes skilled civilian life. due to victim issues, with the figure rising from 12.5% to While the Chavasse Report is not specifically focused 18% of all unsuccessful outcomes, of which 10.8% was on the medical rehabilitation of injured personnel, the MOD due to victim retraction. is nonetheless broadly supportive of its recommendations, which make a number of proposals to deliver timely Rape victim issues (Percentage) access to quality NHS elective orthopaedic care for 2007-08 18.1 both serving and former members of the armed forces. 2008-09 17.5 The Defence Medical Services is committed to working 2009-10 16.5 in partnership with NHS England and the devolved 2010-11 13.9 Administrations, and will continue to do so when 2011-12 11.8 considering the proposals of the report. 2012-13 12.5 2013-14 18.0 Armed Forces: Redundancy Pay Source: CPS Management Information System. Sir Nicholas Soames: To ask the Secretary of State for Defence how much his Department spent on redundancy payments to (a) Royal Navy, (b) Army DEFENCE and (c) Royal Air Force personnel in each financial year since 2010-11. [201969] Armed Forces: Cadets Anna Soubry: Expenditure on redundancy payments Dan Jarvis: To ask the Secretary of State for Defence is not recorded separately by individual arms of service. pursuant to the answer of 25 June 2014, Official However, the total of expenditure incurred on Military Report, column 221W, on Combined Cadet Force, if he redundancy payments has been as follows: will make an assessment of the effect of recruitment to Total redundancy payments existing community-based cadet forces. [204145] Financial year (£million)

Anna Soubry: The community cadet forces and 2010-11 0 Combined Cadet Forces (CCFs) deliver different but 2011-12 110 complementary elements of the Ministry of Defence’s 2012-13 140 youth engagement strategy. Where the establishment of a new CCF unit under The figure for 2013-14 will be published in the Ministry the Cadet Expansion Programme is proposed, there is of Defence’s Annual Report and Accounts 2013-14. an approval process involving the single Service cadet While reduced recruiting and fewer extensions of organisations and consideration is given on a case by service will account for some of the reductions arising case basis of any possible adverse affect on local community from the 2010 Strategic Defence and Security Review cadet force units. decision on the future size and shape of the regular armed forces, a redundancy programme is needed to Armed Forces: Health Services ensure the right balance of skills for the future is maintained across the rank structures. We are providing Mr Dodds: To ask the Secretary of State for Defence as much support as possible to those personnel being with reference to the findings of Chavasse Report, made redundant. published in spring 2014, what steps he is taking to We estimate that, by 2021-22, we will have achieved ensure that injured soldiers receive the necessary specialist cumulative savings of some £23 billion as a result of care to rebuild their lives. [203788] reductions in military and civilian personnel and greater efficiency in the conduct of non-front line activities. Anna Soubry: The Queen Elizabeth Hospital in Birmingham is the primary reception hospital for armed Burma forces personnel seriously injured on operations. Its state-of-the-art facilities, operating in partnership with Mr Buckland: To ask the Secretary of State for Defence the NHS, offer personnel the best possible care. Once what steps he is taking to incorporate discussion of sufficiently healed, most then start a rehabilitation torture, sexual violence and other war crimes, crimes 355W Written Answers10 JULY 2014 Written Answers 356W against humanity and other human rights violations in Joint Strike Fighter Aircraft the military training provided to the Burma Army by the UK. [204090] Angus Robertson: To ask the Secretary of State for Defence on how many occasions the Military Aviation Mr Francois: UK provision of Defence training to Authority has recommended that the F-35B be (a) the Burma army is limited to non combat related academic grounded and (b) restricted in operations; what the courses. English Language training is delivered in country reason was for each such recommendation; and what by the British Council and a course entitled “Managing the duration of the grounding or restriction was in each Defence in the Wider Security Context” (MDWSC) has such case. [204370] also been provided. The MDWSC covers the UK model of democratic accountability, the importance of good Mr Dunne: There have been no occasions when the governance in Defence and the significance of Military Aviation Authority have recommended that professionalism in a nation’s armed forces. In the case F-35B be grounded or restricted in operations. of Burma, this includes the conduct and accountability of service personnel and human rights issues. Angus Robertson: To ask the Secretary of State for Defence whether the Military Aviation Authority recommended that F-35B BK-3 should not transit the Atlantic Ocean in time for the Royal International Air C17 Aircraft Tattoo. [204371]

Angus Robertson: To ask the Secretary of State for Mr Dunne: The Military Aviation Authority has made Defence what the cost was of the extension of the C-17 no such recommendation. Globemaster III sustainment package contract; and for how long that contract will run. [204369] Military Aircraft

Mr Dunne: The C-17 aircraft sustainment package is Angus Robertson: To ask the Secretary of State for a contract between the United States Government and Defence how much was spent on a collision warning the Boeing Corporation. Through the Foreign Military system for fast jets during the Technical Demonstration Sales programme, the United Kingdom utilises this Programme between 1991 and 1998. [203690] contract to support our fleet of eight C-17 aircraft. The United States Government has agreed to extend our participation in the contract for a further three years at Mr Dunne: I refer the hon. Member to the answer I an estimated cost of up to $250 million. gave on 11 June 2014, Official Report, column 148W. Military Aircraft: Helicopters

Civil Servants: Codes of Practice Dr Julian Lewis: To ask the Secretary of State for Defence what progress his Department has made in implementing the requirement set out in the 2010 Strategic Lindsay Roy: To ask the Secretary of State for Defence Defence and Security Review, for 50 attack helicopters how many (a) internal and (b) external complaints until 2030; whether any delays have been caused by the have been received by his Department about alleged subsequent decision to extend this requirement until breaches of the Civil Service Code of Conduct since 2040; what estimate he has made of when the present 2010; and what actions his Department has taken in Apache fleet will become obsolete, unless modernised; response to each such complaint. [203955] and if he will make a statement. [203176]

Anna Soubry: The information is not held centrally Mr Dunne [holding answer 7 July 2014]: The Apache and could be provided only at disproportionate cost. attack helicopter forms a key component of the UK This is because grievance cases are not categorised Army’s future force structures and it has a planned out according to whether they relate to alleged breaches of of service date of around 2040. No delays have resulted the Civil Service Code of Conduct. from the decision taken in the 2010 Strategic Defence and Security Review to extend this out of service date from 2030.

Documents Dr Julian Lewis: To ask the Secretary of State for Defence whether it will be possible for his Department to acquire any modernised, Block III Apache Angus Robertson: To ask the Secretary of State for helicopters before the end of 2019, unless a decision is Defence if he will place in the Library a copy of the made on which contracting route to follow before the document D/DDOR3(AIR)(IFF)12 dated 31 October end of 2014; what progress has been made in assessing 1994. [203689] whether to proceed through (a) a government-to- government off-the-shelf purchase and (b) a purchase Mr Dunne: Despite a thorough search, we have been directly from industry in the UK; and whether any such unable to locate a copy of the requested document decision will be taken before the 2015 General Election. within the Department’s archives. [203177] 357W Written Answers10 JULY 2014 Written Answers 358W

Mr Dunne: The UK’s Apache AH Mk1 is a modified The UK remains committed to improving NATO’s US AH-64D Block 1. The Department is considering a transparency, accountability and value for money to tax number of options to sustain the future Attack Helicopter payers and will therefore continue to work closely with capability. These options are cognisant of the plans of Allies and NATO on this issue. the US Army and other international Apache users who are moving to the Apache AH64E standard. No decision Nuclear Weapons has yet been taken on the preferred option or procurement strategy. Paul Flynn: To ask the Secretary of State for Defence Military Bases: Yorkshire and the Humber if he will publish the titles of all reports on the risks of the transport of nuclear warheads (a) within the UK Hugh Bayley: To ask the Secretary of State for Defence and (b) from or to the UK from abroad produced for which military units and agencies are currently based at his Department by (i) his Department and (ii) the Imphal Barracks; how many square metres of Atomic Weapons Establishment and its predecessor accommodation they each occupy; whether his Department body in the last 30 years. [203638] has any plans to close any of those units, or to move them away from Imphal Barracks; and if so which units Mr Dunne: The information is not held centrally and are involved and what plans are under consideration. could be provided only at disproportionate cost. [204130] Sovereignty: Scotland Dr Murrison: The following military units are based at Imphal Barracks: Headquarters 1 (United Kingdom) Division Implementation Graeme Morrice: To ask the Secretary of State for Team (followed by Headquarters 1 (United Kingdom) Division in Defence (1) what steps he is taking to ensure that those Summer 2015) members of the armed forces who are entitled to vote Headquarters 15 (North East) Brigade in the Scottish independence referendum but will not Headquarters York Garrison be resident in Scotland on 18 September 2014 are being given the option to vote by post or use a proxy; Army Welfare Services York [202991] Equipment Care Inspection Team York (2) what estimate he has made of the number of Support Command Educational Training Services Branch serving members of the armed forces who are entitled 3 Army Education Centre York to vote in the Scottish independence referendum but 2nd Signal Regiment will not be resident in Scotland on 18 September 2014. 1 Military Intelligence Battalion 12 Military Intelligence Company [202989] 221 Military Intelligence Section Defence Business Services (Defence Vetting Agency) Dr Murrison: No estimate has been made of the Headquarters North Region Special Investigation Branch Royal number of armed forces personnel who are entitled to Military police vote in the Scottish Independence Referendum. Support Command Forward The Ministry of Defence has taken a number of steps Elements of Defence Infrastructure Organisation to ensure those entitled to vote are able to. It has; Elements of Defence Equipment and Support Issued an internal instruction, which details the arrangements The information on the number of square metres to vote in the referendum, including the franchise, the importance each of these units occupies is not held in the format of being registered and the various options for casting a vote; requested. Published our annual instruction which sets out the arrangements Apart from Headquarters 15 (North East) Brigade, for electoral registration to enable Service personnel and their which will disband by 31 December 2014, there are no spouses or civil partners to vote. This highlighted the Scottish current plans to close or move any of these units away independence referendum and included information on legislation passed by the Scottish Government that allows the 16 and 17 year from Imphal Barracks. old children of Service personnel living outside Scotland to vote NATO in the referendum if they would, were it not for their parent’s Service obligations, be eligible to register to vote; Hugh Bayley: To ask the Secretary of State for Defence Launched our annual information campaign on Service voting to encourage Service personnel and their families to register to how many (a) sets of accounts will be audited and (b) vote; this also highlights the forthcoming referendum in Scotland value for money studies will be completed this calendar and requires all ships, units and stations to provide assistance and year by the International Board of Auditors of NATO; information to serving personnel and their families to encourage how many of these audits were completed in the first six them to register to vote; months of the year; when NATO will publish these Engaged with the three Service Families Federations and the accounts and audit reports; and if he will make a HIVE network to ensure that information about how to register statement. [203405] to vote in the Scottish independence referendum reaches as many families as possible, and; Dr Murrison: The information requested is not held Published articles on the Defence intranet and provided links by the Ministry of Defence. However NATO has agreed to relevant websites for further information and to register to to consider for public release all reports from the vote. The single Services and the Service Families Federations International Board of Auditors for NATO (IBAN) have also published articles in their various magazines to reach a from financial year 2013 onwards. Given the importance wide audience. of full transparency and public accountability, we continue An internal reminder about the referendum in Scotland to call for all reports to be published except where this to encourage all eligible personnel and their families to would prejudice Alliance security. register to vote is due to be published shortly. 359W Written Answers10 JULY 2014 Written Answers 360W

Tornado Aircraft abroad is significant; and if he will make it his policy to receive parliamentary approval before active use of any Angus Robertson: To ask the Secretary of State for Reapers based outside Afghanistan. [R] [204049] Defence what consideration was given to purchasing the RAIDS Collision Warning System software options Mr Francois: The UK intends to retain the Reaper after difficulties were encountered with the bespoke capability primarily for its intelligence, surveillance and Collision Warning System. [203691] reconnaissance capabilities after combat operations in Afghanistan have ceased. Mr Dunne: I refer the hon. Member to the answer I As is the case for the routine deployment of other gave on 7 May 2014, Official Report, column 168W. military assets, the Ministry of Defence may notify Parliament of the deployment of UK Reaper Remotely Angus Robertson: To ask the Secretary of State for Piloted Aircraft Systems but there is no intention for Defence for what reasons the implementation of the parliamentary approval to be sought prior to each tested bespoke Collision Warning System proposed by deployment or redeployment. the Director of Operations Requirements (Air) in August 1998 was cancelled. [203692]

Mr Dunne: The requirement for a collision warning CABINET OFFICE system was not cancelled. The development of a bespoke fast-jet to fast-jet collision warning system was halted Air Travel because of a change in the requirement and the technical challenges experienced during the Assessment Phase. John Woodcock: To ask the Minister for the Cabinet The requirement was re-evaluated to assess a broader Office on what occasions (a) each Minister within his range of scenarios. Department and (b) the Prime Minister has taken domestic flights on official business since May 2010. Tritium [204308]

Paul Flynn: To ask the Secretary of State for Defence Sheila Gilmore: To ask the Minister for the Cabinet what quantity of tritium has been imported from the Office pursuant to the answer of 17 June 2014, Official US for use by his Department in H1616 shipping Report, column 506W, on official visits, what domestic visits each of the Ministers of his Department has packages since May 2010. [204092] made since January 2013; and what the purpose of Mr Dunne: This information is being withheld for the each such visit was. [204377] purpose of safeguarding national security. Mr Maude: This information could be provided only at disproportionate cost. Details of all ministerial overseas Unmanned Air Vehicles travel is published on a quarterly basis. Information about the Prime Minister and Deputy Mr Watson: To ask the Secretary of State for Defence Prime Minister’s visits within the UK are published pursuant to the answer of 12 June 2014, Official Report, quarterly. column 240W, on unmanned aerial vehicles, whether the US-UK Foreign Military Sales agreement will affect Civil Servants: Codes of Practice future basing for the Reaper fleet. [R] [204026] Lindsay Roy: To ask the Minister for the Cabinet Mr Francois: No. Office how many (a) internal and (b) external complaints have been received by his Department about alleged Mr Watson: To ask the Secretary of State for breaches of the Civil Service Code of Conduct since Defence pursuant to the answer of 12 June 2014, 2010; and what actions his Department has taken in Official Report, column 239, on unmanned air vehicles, response to each such complaint. [203954] whether the amendment of Joint Services Publication 398 on UK Rules of Engagement makes any reference Mr Maude: This information could be provided only to (a) operations conducted remotely or (b) cross- at disproportionate cost. border targeted operations. [R] [204044] The Civil Service Code sets out the clear procedure Mr Francois: No. Rules of Engagement (ROE) are that civil servants should follow if they believe they are selected from JSP 398 to produce an ROE Profile which being required to act in a way which conflicts with the governs how force, by whatever means, may be applied Code, or they become aware of action by others which for a specific operation. The ROE in the JSP are written they believe conflicts with the Code. Complaints are to be appropriate for the full array of weapons systems normally dealt with by the line management chain available to UK Forces. JSP 398 states only that an within Departments in the first instance, with the most endorsed ROE Profile will always be applicable within a serious cases escalated to senior managers, HR or the designated geographic area. Permanent Secretary. Where a civil servant is not satisfied with how the Mr Watson: To ask the Secretary of State for Defence matter has been handled by a Department, he or she pursuant to the answer of 23 June 2014, Official Report, can raise the matter with the Civil Service Commission. column 99W,on unmanned air vehicles, what assessment The Commission publishes details of the number of he has made of the degree to which Reaper redeployment complaints received annually. 361W Written Answers10 JULY 2014 Written Answers 362W

Civil Servants: Pay Freedom of Information

Mr Nicholas Brown: To ask the Minister for the John Woodcock: To ask the Minister for the Cabinet Cabinet Office which Government Departments administer Office (1) how much the Prime Minister’s Office spent their own departmental civil service payrolls; and which on legal fees in cases relating to the release of information Government departments’ payrolls are administered by requested under the Freedom of Information Act 2000 which other outside firms. [204611] in each of the last five years; [204306] (2) how much his Department spent on legal fees in Mr Maude: Detail on the payroll service arrangements cases relating to the release of information requested of all Departments is not held centrally. under the Freedom of Information Act 2000 in each of the last five years. [204270] Debts Mr Maude: The Prime Minister’s Office forms part of Mr Gregory Campbell: To ask the Minister for the the Cabinet Office. In common with other Departments, Cabinet Office what the aggregate household debt was the Cabinet Office pays fees to the Treasury Solicitor’s in the final quarter of the 2013-14 financial year. Department for legal advice on a range of issues. The proportion of those fees which relates to the Freedom [204217] of Information Act 2000 is not recorded.

Mr Hurd: The information requested falls within the Recruitment: Northern Ireland Office responsibility of the UK Statistics Authority. I have asked the authority to reply. Mr Ivan Lewis: To ask the Minister for the Cabinet Letter from Glen Watson, dated July 2014: Office what discussions officials from his Department As Director General for the Office for National Statistics have held with their counterparts in the Northern Ireland (ONS), I have been asked to reply to your Parliamentary Question Office about that Department accepting placements asking what the aggregate household debt was for the final quarter of the 2013-14 financial year. (204217). from the Civil Service fast stream programme. [204147] The Office for National Statistics publishes details of the financial liabilities of households and non-profit institutions serving Mr Maude: As was the case under previous households (NPISH) combined. The most recent analyses can be Administrations details of internal discussions are not found in table A64 of the United Kingdom Economic Accounts normally disclosed. published (UKEA) 2014 Q1, on 27 June 2014. The UKEA is available on the National Statistics web site at: Senior Civil Servants http://www.ons.gov.uk/ons/rel/naa1-rd/united-kingdom- economic-accounts/q1-2014/bod-ukea-2014q1.pdf John Woodcock: To ask the Minister for the Cabinet Household ‘debt’ can be interpreted as the accumulated ‘Total Office how many senior civil servants appointed to financial liabilities’ of the household and NPISH sector. These positions in (a) his Department and (b) the Prime are predominantly made up of short and long term loans. The Minister’s Office since 2010 were previously (i) political UKEA shows that for households and NPISH, the combined appointees within that Department or Office and (ii) ‘Total financial liabilities’ in 2014 Q1 was £1,557.6 billion. employed by a political party. [204362]

Electronic Government Mr Maude: This information could be provided only at disproportionate cost. Michael Dugher: To ask the Minister for the Cabinet Office (1) what steps his Department is taking to tackle copycat websites which are charging for free Government services; [204211] BUSINESS, INNOVATION AND SKILLS (2) what recent meetings he has had with internet search engine companies on steps to tackle copycat Apprentices websites which are charging for free Government services. [204213] Mr Byrne: To ask the Secretary of State for Business, Innovation and Skills what he estimates the lifetime Mr Hurd: Ministerial meetings with external earning premium of those with (a) L3 apprenticeships organisations are published quarterly. and (b) L4+ apprenticeships will be compared to level 2 apprenticeships. [203892] We encourage all users of public services to go to our award-winning: Matthew Hancock: The latest analysis published by www.gov.uk the Department shows that those who achieve an the official website for Government information and Intermediate (L2) Apprenticeship earn on average between services. £48,000 and £74,000 more over their lifetime, in today’s The Cabinet Office is working with Google and other valuation, compared to similar individuals with Level 1 search engine providers to address the problem of or other Level 2 qualifications. Those who achieve an misleading websites advertising on their search engines. Advanced Apprenticeship (L3) earn on average between Work with other bodies such as the Advertising Standards £77,000 and £117,000 more over their lifetime, compared Authority (ASA), the National Trading Standards Board to similar individuals with Level 2 qualifications. (NTSB) and Which? continues to raise awareness of this The full report-‘Returns to Intermediate and Low issue and ensures action is taken where appropriate. Level Vocational Qualifications’-is published at: 363W Written Answers10 JULY 2014 Written Answers 364W

https://www.gov.uk/government/uploads/system/uploads/ medium-sized business in (a) Ashfield constituency, attachment_data/file/32354/11-1282-returns-intermediate- (b) Nottinghamshire and (c) England and Wales have and-low-level-vocational-qualifications.pdf (i) applied for and (ii) been granted loans by the British Other research-based on a different methodology- Business Bank in the last year. [203964] suggests that those who achieve a Higher Apprenticeship could earn £150,000 more on average over their lifetime, compared to individuals with Level 3 vocational Matthew Hancock: The British Business Bank does qualifications. This is taken from a report published at: not lend directly to small and medium-sized businesses. https://www.aat.org.uk/sites/default/files/assets/ University_Report_AAT_and_CEBR_February_2013.pdf However, the British Business Bank does administer Stephen Timms: To ask the Secretary of State for a number of the Department for Business, Innovation Business, Innovation and Skills what proportion of and Skills’ schemes designed to improve access to finance apprenticeships commenced in the last 12 months were for small and medium-sized businesses by facilitating with (a) small and medium-sized enterprises, (b) larger lending which would not otherwise take place. firms, (c) public sector employers and (d) voluntary In all cases the loans are made by third party lenders sector employers. [204315] and neither the Department nor the Business Bank Matthew Hancock: Information on the size of plays any part in the individual lending decisions. organisations offering apprenticeships is presented in In some instances the loans are made using capital the Apprenticeship Evaluation: Employer research partially or wholly provided by the Department as publication: either a grant or a loan and in other cases the lenders’ https://www.gov.uk/government/publications/apprenticeships- own capital is used under the partial protection of a evaluation-employer guarantee from the Department. We do not separately measure the number of apprenticeship starts in the public, private and voluntary The devolved nature of the delivery arrangements sectors. mean that the Department does not hold fully comparable British Business Bank information on the number of applications received by each lender in each programme but information on Gloria De Piero: To ask the Secretary of State for loans drawn down in the financial year 2013/14 is Business, Innovation and Skills how many small and available as follows:

British Business Bank loans to SMEs Ashfield constituency Nottinghamshire1 England and Wales Number Value (£) Number Value (£) Number Value (£)

Start-Up Loans 10 56,000 222 1,008,770 11,859 67,212,422 Enterprise Finance Guarantee 7 540,000 69 5,180,158 2,990 324,583,856 Business Finance Partnership and 7 226,834 69 2,465,373 3,954 237,575,743 Investment Programme Total 24 822,834 360 8,654,301 18,803 629,372,021 1 The ceremonial county of Nottinghamshire, including the City of Nottingham

Exports to export to overseas markets; and if he will make a statement. [203879] Miss McIntosh: To ask the Secretary of State for Business, Innovation and Skills what assistance his Michael Fallon: UK Trade & Investment (UKTI) Department provides to help small rural businesses to provides a wide range of support to help business. export; and if he will make a statement. [203921] UKTI’s South East team deploys 45 international trade advisers to help companies maximise their export potential. Michael Fallon: UK Trade & Investment (UKTI) Those trade advisers have a wide range of international provides a wide range of export services to small businesses, business experience across many business sectors, and including small businesses located in rural areas. Those they are able to connect companies to UKTI teams in services include access to UKTI’s network of trade over 100 international markets. UKTI South East also advisers who help companies develop their export potential, undertakes a wide range of events across the region as well as support for companies to attend overseas which have included supporting export related events at missions and exhibitions. When overseas, small companies the Amex stadium in January and April of this year. can access support from UKTI teams in more than 100 There was also a strong UKTI presence at the Eco international markets. Technology Show at the Brighton Centre in June 2014. In the past 12 months, UKTI has supported 29 companies in Thirsk Malton and Filey. Healthcare UK

Exports: Brighton Mr Ivan Lewis: To ask the Secretary of State for Business, Innovation and Skills whether public sector Simon Kirby: To ask the Secretary of State for Business, organisations from the devolved administrations have Innovation and Skills what additional support he is been invited to participate in Healthcare UK’s Business providing to encourage businesses in Brighton, Kemptown Forum for stakeholders on 24 July 2014. [204220] 365W Written Answers10 JULY 2014 Written Answers 366W

Mr Willetts: Yes, public sector organisations from the Aphasia devolved administrations have been invited to participate in Healthcare UK’s Business Forum for stakeholders Dan Jarvis: To ask the Secretary of State for Health on 24 July 2014. what steps he is taking to improve support for people New Businesses: East Sussex with aphasia. [204363] Norman Lamb: Rehabilitation services, specifically Simon Kirby: To ask the Secretary of State for speech and language therapy, provide much of the Business, Innovation and Skills what steps he has taken national health service support for people with aphasia. to increase business formation in (a) Brighton, As clinical commissioning groups are responsible for Kemptown and (b) Lewes District; and if he will make commissioning these services, they should be taking a statement. [203874] steps to ensure that support for people with aphasia is available and improve these services where appropriate. Matthew Hancock: Small businesses are vital to the More generally, NHS England is currently reviewing economy and this Government is supporting them in the provision of rehabilitation services. It works in many ways. partnership with charities which provide invaluable support Economic stability, lower taxes, deregulation, and a for people with aphasia and is also working with the culture of enterprise are vital to business growth. But it National Institute for Health and Care Excellence on is equally important that businesses are able to access the development of generic rehabilitation guidance which the information they need to start-up and grow. will encompass speech and language therapy. The British Business Bank recently published “The In addition, as stroke is a significant cause of aphasia, Business Finance Guide: A Journey from Start-Up to the cardiovascular disease Strategic Clinical Networks Growth” which is available on the British Business Bank are working with commissioners and providers to improve Website. It is a unique guide that sets out the main stroke rehabilitation services, including speech and language things to consider and outlines sources of finance available therapy after stroke. to businesses-ranging from start-ups to small and medium- sized enterprises and growing mid-sized companies. Arthritis The website www.greatbusiness.gov.uk also provides support and advice for businesses trying to grow as well as for Luciana Berger: To ask the Secretary of State for entrepreneurs starting out. Health what proportion of patients diagnosed with rheumatoid arthritis received an annual review in each In addition to on-line support, the Business Support of the last five years. [204312] Helpline is available to provide a quick response on queries about starting a business, or a personalised and Norman Lamb: Information on the number of people in-depth advice service for more complex needs. diagnosed with rheumatoid arthritis (RA) is not available. For those looking for start-up finance and advice The National Institute for Health and Care Excellence there are Start-Up Loans: 105 loans worth £527,740 (NICE) clinical guideline Rheumatoid arthritis: The have been drawn down in Brighton, Kemptown and management of rheumatoid arthritis in adults, published Lewes since the scheme began in 2012. in 2009, recommends that people with RA have a comprehensive annual review that is coordinated by the rheumatology service. The NICE RA Quality Standard, published in 2013, also includes the provision of an HEALTH annual review as one of the seven quality statements Abortion that define high quality RA care. The 2013-14 Quality and Outcomes Framework (QOF) Dr McCrea: To ask the Secretary of State for Health added new performance indicators on RA care, including what assessment his Department has made of the ‘the proportion of people with RA diagnosed more than 1 year causes of trends in the number of abortions which were ago whose last comprehensive review was within 12 months of performed on women who had already had an abortion the previous review.’ in the last 10 years. [203980] The QOF is a voluntary incentive scheme that provides additional reward to general practitioner practices for Jane Ellison: The Department has not made any such how well they care for patients based on performance assessment in recent years; however, reproductive health against a number of agreed indicators. The report of charity, Marie Stopes UK, recently launched the findings the results of the 2013-14 QOF is expected for publication of the first research (for under 25s) in the United in autumn this year. Kingdom into the contraceptive use of women aged Cancer 16-24 having one or more abortions. Luciana Berger: To ask the Secretary of State for Dr McCrea: To ask the Secretary of State for Health Health what discussions his Department has had with pursuant to the answer of 18 June 2014, Official Report, Public Health England on progress made by the BeClear column 611W, on abortion, what estimate he has made Campaign to improve the detection of rare cancers over of the number of HSA4 forms returned to the terminating the last (a) six months and (b) year. [204310] doctor pending completion as of June 2014. [204043] Jane Ellison: The National Cancer Intelligence Network Jane Ellison: Estimating the number of forms still (NCIN) part of Public Health England (PHE) now pending completion as at June 2014 can be obtained undertakes evaluation of the Be Clear on Cancer (BCOC) only at disproportionate cost. campaigns. For each campaign there is a defined set of 367W Written Answers10 JULY 2014 Written Answers 368W metrics identified to evaluate the impact of BCOC Jane Ellison: No. This is a matter for Monitor as the campaigns. These include whether: campaigns are raising system regulator of health services in England. awareness of signs and symptoms of cancer; more people are going to their general practitioners with the symptoms promoted by the campaign; more people are Rosie Cooper: To ask the Secretary of State for Health being referred urgently for suspected cancer; there is an if he will take steps to ensure that whistleblowers willing increase in diagnostic activity; there is evidence of a to give evidence on allegations of wrongdoing at the shift towards earlier stage disease and; of those referred Christie NHS Foundation Trust will not be victimised urgently for suspected cancer, how many turn out to or otherwise suffer detriment from the Trust for so have that cancer. giving evidence. [204259] Within the last 12 months, PHE has run campaigns on five rarer cancers: the “blood in pee” campaign for Dr Poulter: The Secretary of State for Health, my bladder and kidney cancers (a national campaign following right hon. Friend the Member for South West Surrey a successful regional pilot campaign); the “persistent (Mr Hunt), has been very clear that people working in bloating” campaign for ovarian cancer (regional pilot the national health service should be supported to raise campaign) and, also as a regional pilot, the “persistent concerns. Trusts should have whistleblowing policies in heartburn” campaign for oesophago-gastric cancer place that are compliant with the Public Interest Disclosure (oesophageal and stomach). The evaluation metrics for Act 1998. the campaigns were discussed, agreed and approved by It is in the interests of patients and staff that trusts the Public Awareness and Primary Care Steering Group foster a culture where NHS workers feel confident that chaired by NHS England’s National Clinical Director when concerns in the public interest are raised they will for Cancer and which includes members representing be heard. To that end, on 24 June, the Secretary of State PHE (PHE-Marketing and NCIN); NHS England, NHS announced that Sir Robert Francis QC, will lead an Improving Quality; Cancer Research UK; Macmillan independent review of whistleblowing policies and practices Cancer Support; Department of Health officials and in the NHS, which will consider what more can be done other stakeholders. to further protect NHS workers who speak out in the In May 2014, Cancer Research UK prepared a BCOC public interest. evaluation update which is available on the BCOC website at: The Secretary of State wrote on 5 March 2014 to all www.cancerresearchuk.org/cancer-info/spotcancerearly/naedi/ Chairs in NHS trusts and foundation trusts in England beclearoncancer/background#evidenceandevaluation to reiterate the vital importance of fostering a culture of openness and transparency in the NHS in which concerns The update includes findings from the local oesophago- about care can be raised, investigated and acted upon. gastric, ovarian and regional “blood in pee” campaigns. The decision to repeat the national “blood in pee” We have introduced a contractual right to raise concerns campaign for bladder and kidney cancer in the autumn and issued guidance for NHS organisations. In March of 2014 is based on positive evidence from the evaluation 2012, we strengthened the NHS Constitution to include of the regional campaign and encouraging initial evaluation an expectation that staff will raise their concerns early results from the national campaign which ran from and a pledge that their employer will act upon those October-November 2013. These results demonstrated concerns. notable changes in symptom awareness and referral We are also introducing a Duty of Candour, so that activity. when things go wrong, organisations have a statutory Christie NHS Foundation Trust duty to admit mistakes and tell patients what has happened.

Rosie Cooper: To ask the Secretary of State for Health Rosie Cooper: To ask the Secretary of State for what information his Department holds on allegations Health (1) whether a compromise agreement has been that tissue samples were sold by the Christie NHS reached, or is in the process of being reached, with the Foundation Trust to pharmaceutical companies without currently suspended chief executive of the Christie the knowledge of the patients concerned; whether his NHS Foundation Trust on the termination of her attention was drawn to any such allegations; and what employment; [204260] investigation his Department has (a) conducted and (b) plans to conduct into such allegations. [204255] (2) if he will take steps to ensure that no settlement is reached between the Christie NHS Foundation Trust Jane Ellison: These allegations were not previously and its chief executive, Caroline Shaw, on the termination known to either the Department or Ministers. of her employment until Monitor and the Care Quality This written question has been brought to the attention Commission have concluded their current investigations of The Christie NHS Foundation Trust, and the system into allegations of wrongdoing and published the outcome. regulators—in this case, Monitor, the Care Quality [204258] Commission, and the Human Tissue Authority. The regulators are best placed to deal with such concerns as Jane Ellison: The decision to settle a dispute with an they have statutory powers to take action where necessary. employee is an employment matter between the trust and the employee. Rosie Cooper: To ask the Secretary of State for Health if he will direct Monitor to publish its strategy for We have written to Sir Hugh Taylor, interim chair of engaging with whistleblowers in its fact-finding investigation The Christie NHS Foundation Trust, informing him of into alleged wrongdoing at the Christie NHS Foundation this enquiry. He will reply shortly and a copy of the Trust. [204257] letter will be placed in the Library. 369W Written Answers10 JULY 2014 Written Answers 370W

Dementia Percentage North West Mrs Lewell-Buck: To ask the Secretary of State for Ambulance Service Health how many people over the age of 75 years were England NHS Trust diagnosed with dementia after being admitted to 2012-133 Category A (April 24.5 23.2 hospital as an emergency inpatient in England in each to May 2012): year since 2009-10. [204074] Red 1 (June 2012 26.0 26.5 to March 2013): Norman Lamb: Data on the number of patients Red 2 (June 2012 24.4 23.4 diagnosed with dementia following an emergency admission to March 2013): is not collected centrally. However, data is gathered on 2013-14 Red 1: 24.4 24.1 the referral of clinically appropriate cases for specialist Red 2: 25.2 22.6 diagnosis of dementia and appropriate follow up for 1 From 1 April 2008, NHS ambulance trusts measured response times from the point when the call is presented to the control room telephone switch. Previously, those aged 75 and over, who were admitted as an response times were measured from the point when certain details had been emergency and stayed for more than 72 hours. Data is ascertained from the caller. Therefore, data from 2008-09 onwards are not only available for 2013-14 and is shown as follows: comparable with earlier years. 2 Data up to 2010-11 are from the KA34 data collection by the Health and 2013-14 Q4-13,238 Q3-12,223 Q2-11,143 Q1-9,230 Total Social Care Information Centre, and not necessarily consistent with later data, 45,834 which are supplied via NHS England. 3 From June 2012 onwards, the single Category A eight minute response Emergency Services standard was replaced by two separate standards, Red 1 and Red 2. Due to differences in clock start definitions, it is not possible to aggregate performance of Red 1 and 2 into a total Category A performance. Graham Jones: To ask the Secretary of State for Source: Health (1) how many ambulance calls were responded Ambulance quality indicators, NHS England to by (a) the police and (b) the fire service in (i) England, (ii) Lancashire and (iii) Hyndburn constituency General Practitioners in each of the last five years; [204157] (2) what proportion of ambulances responding to Mr Jamie Reed: To ask the Secretary of State for the most serious calls failed to respond within eight Health how many GP practices have closed since May minutes in (a) England, (b) Lancashire and (c) the 2010. [204309] Hyndburn constituency in each of the last 10 years. [204212] Dr Poulter: We do not hold information regarding the number of practices that have closed since May Jane Ellison: The performance standard for ambulance 2010. response times is that 75% of Category A life threatening calls are responded to within eight minutes. Health: Business Information on the percentage of ambulance responses to Category A immediately life threatening calls that Mr Crausby: To ask the Secretary of State for Health failed to respond within eight minutes in England and what estimate his Department has made of the number the North West Ambulance Service NHS Trust since of companies who have only signed up to pledges set April 2004 is shown in the following table. out in the Responsibility Deal as they refer to the Data relating to Lancashire and Hyndburn constituency health of their own workforce rather than those is not collected separately. Lancashire and Hyndburn regarding the content of their products. [203970] constituency is covered by the North West Ambulance Service NHS Trust. Jane Ellison: No estimate has been made of the number Data around the numbers of ambulance calls responded of companies who have only signed up to pledges set to by the police and the fire service is not collected out in the Responsibility Deal as they refer to the health centrally. of their own workforce rather than those regarding the content of their products. Details of partners and the The following table shows the percentage of ambulance pledges they are committed to taking action on are responses to Category A immediately life threatening available in full on the Responsibility Deal website at: calls that were not responded to within eight minutes in England and in the North West Ambulance Service https://responsibilitydeal.dh.gov.uk/partners NHS Trust, April 2004 to March 2014: including those taking action under the Health at Work network. Percentage North West Hospitals: Waiting Lists Ambulance Service England NHS Trust Natascha Engel: To ask the Secretary of State for 2004-05 23.8 23.3 Health what the average waiting time is for all (a) 2005-06 24.7 25.7 NHS patients classified as urgent and (b) NHS cancer 2006-07 25.4 27.3 patients classified as urgent. [203876] 2007-08 22.9 24.4 2008-091 25.7 25.7 Jane Ellison: There are no national health service 2009-10 25.7 27.0 waiting time standards specifically for patients classified as “urgent”. It is the objective of this Government to 2010-11 25.1 26.4 ensure that all patients receive timely and high quality 2011-122 23.9 23.3 care. 371W Written Answers10 JULY 2014 Written Answers 372W

Clinical priority is—and remains—the main determinant people living in houses with mould. Flooded properties of when patients should be treated within existing waiting are also at risk from damp and mould growth following times targets. flooding events. PHE in its Guidance on Recovery from Housing: Health Flooding, essential information for frontline responders4, acknowledges that there is medical evidence linking Simon Kirby: To ask the Secretary of State for prolonged exposure to high levels of mould with Health what assessment his Department has made of exacerbation of asthma in some individuals. the effect of living in damp homes on the health of (a) 1 Marmot Review Team (2011) The Health Impacts of Cold children in general and (b) asthmatic children; and if Homes and Fuel Poverty he will make a statement. [203871] 2 APPG Respiratory Health (2014) Report on inquiry into respiratory deaths: Dr Poulter: The effect on health of living in cold and www.blf.org.uk/Page/Report-on-inquiry-into-respiratory-deaths damp housing is well known. Evidence suggests that 3 children living in cold and damp housing environments Public Health England (2013) The Cold Weather Plan. Protecting Health and Reducing Harm from Cold Weather: are disproportionately affected. Children living in cold homes, which are more likely to be damp, are more than www.gov.uk/government/uploads/system/uploads/ twice as likely to suffer from a variety of respiratory attachment_data/file/252838/ Cold_Weather_Plan_2013_final.pdf problems than children living in warm homes1. Significant 4 negative effects of cold housing are evident in terms of Public Health England (2014) Guidance on Recovery from infants’weight gain, hospital admission rates, developmental Flooding – essential information for frontline responders: status, and the severity and frequency of asthmatic www.hpa.org.uk/webc/HPAwebFile/HPAweb_C/1317140798239 symptoms. It is estimated that 1.1 million children have asthma Liver Diseases in the United Kingdom2. We do not know what proportion of these asthmatic children can attribute to living in a Luciana Berger: To ask the Secretary of State for damp home to the severity of their condition. Health how many people were admitted to hospital Public Health England (PHE) has an asthma research with a (a) primary and (b) secondary diagnosis of programme that includes analyses of environmental liver disease in each year since 2010. [204314] samples to identify important components including bioaerosols, chemicals and pollutants with the potential Jane Ellison: The following table shows a count of to modify asthma risk. finished admission episodes (FAEs) for individuals who The Cold Weather Plan for England 20133 identifies were admitted to hospital with a primary and secondary groups at greater risk of harm from cold weather including diagnosis of liver disease from 2009-10 to 2012-13.

Count of FAEs1 for individuals who were admitted to hospital with a (i) primary2 and (ii) secondary diagnosis3 of liver disease4, 2009-10 to 2012-135, Activity in English NHS hospitals and English NHS commissioned activity in the independent sector

Primary diagnosis Secondary diagnosis

Direct Hepatitis-related Cancer-related Other Direct Hepatitis-related Cancer-related Other

2009-10 29,882 6,095 8,233 12,530 90,115 23,056 3,932 23,665

2010-11 32,563 5,433 9,044 13,283 106,359 26,552 4,685 26,858

2011-12 34,967 4,339 9,722 14,491 117,244 27,458 5,182 29,281

2012-13 34,354 4,640 9,884 15,856 126,782 30,282 5,561 19,549

1 Finished admission episodes A finished admission episode (FAE) is the first period of admitted patient care under one consultant within one healthcare provider. FAEs are counted against the year or month in which the admission episode finishes. Admissions do not represent the number of patients, as a person may have more than one admission within the period. 2 Primary diagnosis The primary diagnosis is the first of up to 20 (14 from 2002-03 to 2006-07 and 7 prior to 2002-03) diagnosis fields in the Hospital Episode Statistics (HES) data set and provides the main reason why the patient was admitted to hospital. 3 Secondary diagnosis As well as the primary diagnosis, there are up to 19 (13 from 2002-03 to 2006-07 and 6 prior to 2002-03) secondary diagnosis fields in HES that show other diagnoses relevant to the episode of care. 4 ICD-10 codes for liver disease The following ICD10 codes have been used to identify ’Liver Disease’ 1) Directly attributable to liver disease (″direct″) K70.- Alcoholic liver disease K71.- Toxic liver disease K72.- Hepatic failure, not elsewhere classified K73.- Chronic hepatitis, not elsewhere classified K74.- Fibrosis and cirrhosis of liver K75.- Other inflammatory liver diseases K76.- Other diseases of liver K77.-* Liver disorders in diseases classified elsewhere (note that this code may appear in the first secondary diagnosis position). Q44.6 Cystic disease of liver 2) Attributable to hepatitis-related liver disease (″hepatitis-related″) B15.- Acute hepatitis A 373W Written Answers10 JULY 2014 Written Answers 374W

Count of FAEs1 for individuals who were admitted to hospital with a (i) primary2 and (ii) secondary diagnosis3 of liver disease4, 2009-10 to 2012-135, Activity in English NHS hospitals and English NHS commissioned activity in the independent sector Primary diagnosis Secondary diagnosis Direct Hepatitis-related Cancer-related Other Direct Hepatitis-related Cancer-related Other

B16.- Acute hepatitis B B17.- Other viral hepatitis B18.- Chronic viral hepatitis B19.- Unspecified viral hepatitis 3) Attributable to cancer-related liver disease (“cancer-related”) C22.0 Liver cell carcinoma C22.1 Intrahepatic bile duct carcinoma C22.2 Hepatoblastoma C22.3 Angiosarcoma of liver C22.4 Other sarcomas of liver C22.7 Other specified carcinomas of liver C22.9 Malignant neoplasm of liver, unspecified D13.4 Benign neoplasm of liver 4) Other conditions relating to liver disease (“other”) I81.X Portal vein thrombosis I82.0 Budd-Chiari syndrome K83.- Other diseases of biliary tract T86.4 Liver transplant failure and rejection 5 Assessing growth through time (Admitted patient care) HES figures are available from 1989-90 onwards. Changes to the figures over time need to be interpreted in the context of improvements in data quality and coverage (particularly in earlier years), improvements in coverage of independent sector activity (particularly from 2006-07) and changes in NHS practice. For example, changes in activity may be due to changes in the provision of care. Source: Hospital Episode Statistics (HES), Health and Social Care Information Centre.

Lung Diseases Obesity

Nic Dakin: To ask the Secretary of State for Health Luciana Berger: To ask the Secretary of State for what steps he has taken to address regional inequalities Health what the level of (a) NHS expenditure and (b) in health outcomes for interstitial lung disease in the other expenditure for which his Department is responsible last year; and if he will make a statement. [204151] has been for the (i) treatment and (ii) prevention of obesity in each of the last five years. [204313]

Jane Ellison: In March 2014, NHS England published Jane Ellison: Information on national health service Putting Patients First: the NHS England business plan expenditure on the treatment and prevention of obesity for 2014/15–2016/17. This reaffirms its commitment to is not collected centrally. Decisions on spending are a improving the quality of care, improving equality and matter for local NHS organisations. reducing health inequalities, and that reducing mortality and improving outcomes outcome for people with It is not possible to provide comprehensive information respiratory disease remains a priority. about the Department’s expenditure on the treatment and prevention of obesity because a wide range of The commissioning of services for interstitial lung teams across the Department and other partners contribute disease (ILD) is the responsibility of NHS England in to this policy. The Department has invested in a number its role as commissioner of specialist services. It has of nationally-coordinated programmes which contribute published a service specification for ILD which introduces to tackling obesity including the National Child a common standard for commissioning these services Measurement Programme, Change4 Life, the School across England with the aim of ensuring equality of Games and Change4Life School Sports Clubs. patient access to multi-disciplinary team diagnosis and We have also given local authorities ring-fenced funding current treatments. of £5.4 billion over two years, 2013-14 and 2014-15, to help tackle public health issues including overweight Mr Gregory Campbell: To ask the Secretary of State and obesity. for Health whether the National Institute for Health Research has reported to his Department the results of Osteoporosis the research commissioned on idiopathic pulmonary fibrosis. [204216] Luciana Berger: To ask the Secretary of State for Health what proportion of NHS trusts offer a Dr Poulter: The National Institute for Health Research screening programme of osteoporosis to reduce falls (NIHR) Health Technology Assessment (HTA) programme and fractures. [204311] is funding a systematic review of evidence on the benefits, harms and costs of treatments for idiopathic pulmonary Norman Lamb: The UK National Screening Committee fibrosis. (UK NSC) advises Ministers and the national health The researchers have sent the report of the review to service in all four countries about all aspects of screening the NIHR Evaluation, Trials and Studies Coordinating policy and supports implementation. Centre, based at the University of Southampton, which The UK NSC has reviewed the evidence for screening manages the HTA programme on behalf of the for osteoporosis in postmenopausal women and Department. The report is expected to be published in recommended that screening should not be offered. The the journal ‘Health Technology Assessment’ in January UK NSC will review the evidence for screening again in 2015. 2016-17 as part of its three yearly review policy cycle. 375W Written Answers10 JULY 2014 Written Answers 376W

A preferred approach is to target higher risk groups Telemedicine (post-menopausal women, those on long term steroid use and after a first fracture). Prevention, assessment Liz Kendall: To ask the Secretary of State for Health and treatment is covered in National Institute for Health pursuant to the answer of 1 July 2014, Official Report, and Clinical Excellence guidelines as follows: column 520W, on telemedicine, when NHS England http://pathways.nice.org.uk/pathways/osteoporosis will publish a set of consistent measures for commissioners www.nice.org.uk/guidance/TA160 to demonstrate the effect of telehealth technologies on www.nice.org.uk/guidance/TA161 health outcomes. [204071] www.nice.org.uk/guidance/CG146 Norman Lamb: NHS England is currently developing There is patient information on the management of a set of metrics to be used across technology enabled and living with osteoporosis on the NHS Choices website: care services and will be testing these metrics with www.nhs.uk/Conditions/Osteoporosis/Pages/ analysts and commissioners to ensure they are fit for Introduction.aspx purpose. NHS England aims to have finalised and published Social Services these metrics by October 2014. Liz Kendall: To ask the Secretary of State for Health Mr Betts: To ask the Secretary of State for Health pursuant to the answer of 1 July 2014, Official Report, with reference to the Care Act 2014 and the care and column 520W, on telemedicine, how many telehealth, support statutory guidance, (1) whether self-funders telecare and telecoaching connections there were in and those with personalised care budgets are under an each region of England in 2011. [204072] obligation to show that they are paying social care firms enough to pay their staff at least the minimum wage, Norman Lamb: NHS England does not hold a including remuneration for travel time between breakdown of data by region within England. Data appointments; [202967] have been collected for England, Scotland, Wales and Northern Ireland. (2) what guidance his Department gives to local authorities on the action they should take if they receive Liz Kendall: To ask the Secretary of State for Health evidence that self-funders and those with personalised pursuant to the answer of 1 July 2014, Official Report, care budgets are not paying social care firms enough to column 520W, on telemedicine, when NHS England pay their staff at least the minimum wage, including will issue the first in its regular surveys on the number remuneration for travel time between appointments. of individuals who benefit from telehealth services; to [202968] whom the survey will be issued; when the survey will report and be published; how it will be analysed; and Norman Lamb: Self-funders and people with personal how often it will be repeated. [204073] budgets whose care is arranged by their local authority Norman Lamb: The Technology Enabled Care Services have no obligations under the provisions of the Care survey is conducted and published by the Telecare Act 2014, draft statutory Care Act guidance or draft Services Association (TSA). The most recent survey regulations on the Care Act, to show that they pay was issued by the TSA on 2 July 2014 and the TSA social care providers enough to pay their staff at least expects to conduct this survey on a quarterly basis. the minimum wage, including remuneration for travel NHS England will use the data collected through these time between appointments. Social care providers must surveys to inform the Technology Enabled Care Services fulfil their legal obligations as employers which include programme. ensuring that staff salaries conform to the national minimum wage. If a person chooses to request their personal budget JUSTICE as a direct payment to purchase their own care and Community Rehabilitation Companies support, the draft Care Act guidance details what the local authority should do as part of its general monitoring Sadiq Khan: To ask the Secretary of State for Justice of the direct payment to ensure that the person fulfils (1) what the maximum share of the total contract value their legal obligations as an employer. This includes for community rehabilitation companies any one ensuring that the person is registered as an employer successful bidder will be able to be awarded; [204268] with Her Majesty’s Revenue and Customs and is making the appropriate contributions for PAYE and income (2) whether his Department will impose a cap on the tax, and that payments conform to the national minimum number of contracts any one bidder can be awarded to wage. Where it is apparent that these obligations are not undertake the work of the 21 community rehabilitation being met, the local authority should review the care companies. [204265] plan and making of the direct payment to ascertain if Jeremy Wright: The Transforming Rehabilitation alternate arrangements need to be made that result in Programme is opening up the market to a diverse range the person no longer being an employer (para 12.46-12.49, of new providers, so that we can harness the best that p172-73). the private and voluntary sectors have to offer to reduce The draft guidance and regulations on the Care Act reoffending. The competition to award contracts to run are currently open for public consultation. The Department the new Community Rehabilitation Companies is ongoing is also undertaking a series of engagement events with and in June we received bids from potential providers. social care stakeholders to gather feedback on the content We are committed to rolling out these important reforms of the guidance and regulations. by 2015. 377W Written Answers10 JULY 2014 Written Answers 378W

The Government has been clear that we want to see a Damian Green: The Criminal Injuries Compensation diverse market delivering probation services, rather than Authority (CICA) publishes data about the reasons being dominated by just a few providers. We have set a applications are ineligible in its annual reports at: market share restriction whereby bidders can win a https://www.gov.uk/government/publications? maximum of 25% of market share based on the indicative departments%5B%5D=criminal-injuries-compensation- contract values set out in the competition documentation. authority&publication_type=corporate-reports Bidders will be allowed to win multiple contracts up to The published figures show the number of times each the point at which their market share cap would be refusal reason was used. That does not reflect an accurate breached subject to meeting any other requirements set total of ineligible cases because some cases are ineligible out by the Authority. for multiple reasons. The accurate total of ineligible cases for the calendar years specified is as follows: Court of Appeal: Television Year Ineligible cases Sadiq Khan: To ask the Secretary of State for Justice 2010 27,302 (1) how many minutes in total of Court of Appeal 2011 23,316 hearings have been televised since cameras were first 2012 25,385 allowed in court; [204267] 2013 23,783 (2) how many Court of Appeal hearings have been 2014 (up to 8 July) 11,309 televised since cameras were first allowed in court. [204262] I have placed records showing why each of these cases was ineligible in the House of Commons Library. Mr Vara: As of 8 July 2014, the relevant media CICA uses injuries as the basis for a payment so very organisations inform us that 117 hearings have been few ineligible cases have injuries recorded for them. recorded since legislation was passed on the 31 October Where an injury has been assessed and entered on the 2013 to enable live television broadcasting from the case file it is included in the records provided. Court of Appeal. Drugs: Nottinghamshire The BBC, ITN, Sky and the Press Association determine which cases should be filmed and it is for those individual Gloria De Piero: To ask the Secretary of State for media organisations to decide what should be broadcast, Justice how many people in (a) Ashfield constituency and when. No information about how many cases are and (b) Nottinghamshire have been arrested for broadcast, or how many minutes of coverage, is held by possession of (i) Class A drugs, (ii) Class B drugs and the Ministry of Justice. (iii) Class C drugs in the last year; and what steps his Court broadcasting gives the public the opportunity Department is taking to rehabilitate people convicted to see and hear the decisions of judges in their own of drug-related crimes. [203962] words and is a step towards achieving our aim of having an open and transparent justice system. Jeremy Wright: The information requested on arrests is not available centrally. Data held by the Home Office Courts: Children on arrests for drug offences cannot be broken down to identify the drug class type. Dan Jarvis: To ask the Secretary of State for Justice if Offenders are able to access the same help for substance he will introduce mandatory training for lawyers misuse problems as those in the wider community. dealing with children. [204364] Prison, probation and youth justice staff work closely with health commissioners and providers to support Mr Vara: The legal profession is independent of offenders to access these services. Where appropriate, Government. The Legal Services Board and approved for those sentenced to a community sentence, the court regulators are responsible for determining the qualification can impose, as part of that sentence, a Drug Rehabilitation requirements, ongoing training, quality assurance and Requirement. other regulatory requirements for legal services providers, such as solicitors, barristers and legal executives. Under Transforming Rehabilitation, community rehabilitation companies will begin to work with offenders In criminal cases, there is a range of training and while still in custody, enabling them to provide “through materials available to all advocates in relation to cases the gate”support before managing them in the community. involving vulnerable witnesses, including children, much This will support greater continuity of drug treatment, of it available through the Advocates’ Gateway. The Bar and new processes are being developed and tested in Council and Law Society have announced a new initiative nine resettlement prisons in conjunction with health to train defence lawyers on cases involving vulnerable partners. In addition, the Offender Rehabilitation Act witnesses, and I welcome this. will bring new powers to require offenders on licence, where appropriate, to attend drug appointments, as well Criminal Injuries Compensation as expanding powers for testing for Class A and Class B drugs. Sadiq Khan: To ask the Secretary of State for Justice how many applications for compensation were rejected Fixed Penalties by the Criminal Injuries Compensation Authority in (a) 2010, (b) 2011, (c) 2012, (d) 2013 and (e) 2014 to Hilary Benn: To ask the Secretary of State for Justice date; and if he will list in each case the injuries what statistics his Department holds on the use of fixed sustained by the applicant and the reason for the penalty notices in each local authority area and in each application being refused. [204261] category. [203997] 379W Written Answers10 JULY 2014 Written Answers 380W

Jeremy Wright: The Ministry of Justice Court the Tariff Expired Removal Scheme (TERS), which we Proceedings Database holds information on Penalty introduced in May 2012, we have removed over 240 Notice for Disorder which are a form of Fixed Penalty FNOs to date. Notice and are available by police force area only at the Whereas this Government has begun to reduce the following link: foreign national population in prison since 2010, between https://www.gov.uk/government/uploads/system/uploads/ 1997 and 2010, the number of foreign nationals in our attachment_data/file/282985/2-out-of-court-disposals-tables.xls prisons more than doubled.

Legal Profession: Regulation Prisoners: Suicide

Ann McKechin: To ask the Secretary of State for Justice Dan Jarvis: To ask the Secretary of State for Justice if he will review existing trade descriptions legislation how many prisoners committed suicide in each of the and its effect on regulating companies that describe last 10 years. [204365] themselves or hold themselves to be acting as legal firms. [204154] Jeremy Wright: The number of self-inflicted deaths in prison custody for the last 10 years is published in the Mr Vara: Most of the Trade Descriptions legislation Safety in Custody statistical bulletin which is available has been replaced by the Consumer Protection from at: Unfair Trading Regulations 2008. These regulations http://www.gov.uk/government/collections/safety-in-custody- prohibit traders from engaging in unfair commercial statistics practices against consumers. The regulations apply across We are working hard to manage the levels of self-harm all business sectors and set out a framework for how in prison and are carefully investigating the rise in businesses must deal with consumers. self-inflicted deaths. It is also an offence under section 21 of the Solicitors We are applying strenuous efforts to learn from each Act 1974 for an unqualified person to wilfully pretend one and providing further resources and support to to be a solicitor and section 24 of that Act makes prisons to help support their safer custody work. equivalent provision in relation to a body corporate. Section 17 of the Legal Services Act 2007 makes it an offence to wilfully pretend to be entitled to carry on a Probation: Ashfield reserved legal activity. The reserved legal activities are: (a) the exercise of a right of audience, (b) the conduct of Gloria De Piero: To ask the Secretary of State for litigation, (c) reserved instrument activities, (d) probate Justice how many people in Ashfield constituency have activities, (e) notarial activities and (f) the administration been on probation in each of the last five years. [203963] of oaths. Jeremy Wright: Since 2010, crime has continued to Prisoners: Repatriation fall and fewer individuals are entering the criminal justice system for the first time. The Government is committed to transforming the way that offenders are Sadiq Khan: To ask the Secretary of State for Justice dealt with in the community; Transforming Rehabilitation how many foreign nationals of each nationality were is a reform programme that is changing the way offenders deported from jails in London to complete their are managed in the community to bring down re-offending sentences in their home countries in (a) 2010, (b) rates while continuing to protect the public. 2011, (c) 2012, (d) 2013 and (e) 2014 to date. [204039] Information available centrally on offenders on probation Jeremy Wright: All prisoners who are transferred to a does not allow a breakdown of cases by parliamentary prison in their country in order to serve their remaining constituency. sentence leave from Wandsworth Prison (in London) if they are male and Holloway Prison (in London) if they Sentencing are female. They may, however, only be transferred there shortly before transfer. Graham Jones: To ask the Secretary of State for The numbers of transfers are provided in the following Justice how many people who (a) were given a non- table. custodial sentence and (b) were given their first custodial sentence in each year from 2004 had previously had (i) Number of prisoner transfers (out no criminal convictions, (ii) one criminal conviction, of England and Wales) (iii) two criminal convictions, (iv) three criminal convictions, (v) four criminal convictions, (vi) five to 10 criminal 2010 47 convictions, (vii) 11 to 20 criminal convictions, (viii) 21 2011 43 to 30 criminal convictions, (ix) 31 to 40 criminal convictions, 2012 41 (x) 41 to 50 criminal convictions, (xi) 51 to 75, (xii) 76 to 2013 43 100 criminal convictions and (xiii) more than 100 criminal 1 2014 (to date) 16 convictions. [199092] 1 Total at 3 July 2014. The Prisoner Transfer process is just one mechanism Jeremy Wright: Since 2010, crime has continued to for removing Foreign National Offenders. The number fall and fewer individuals are entering the criminal of FNOs deported under the Early Removal Scheme justice system for the first time. But we have a persistent (ERS) has increased under this Government. In 2013, hardcore of offenders being recycled round and round we removed nearly 2,000 FNOs under ERS and under the criminal justice system, as these figures bear out. 381W Written Answers10 JULY 2014 Written Answers 382W

This Government is committed to tackling reoffending offences for which the maximum sentence available to rates. We have reformed sentences, so that they combine the court is a fine. It should also be noted that these both punishment and requirements that are effective at figures are based on counting the number of separate preventing further offending. We have legislated so that occasions on which offenders were sentenced in each all community orders must now have a punitive element, year and some offenders will therefore be represented and, from 2015, every offender leaving prison spends at several times in the figures. least 12 months under supervision, where currently around 50,000 are released each year with no statutory Table 2 provides a similar breakdown for those offenders support. We are transforming rehabilitation, by bringing who received their first custodial sentence in each year. together the best of the public, private and voluntary Again, the figures are drawn from the PNC and will sectors, and only rewarding them when they actually do include a number of offences for which the maximum reduce reoffending. sentence available to the court is a fine. A large proportion of each offender’s criminal history is therefore likely to Sentencing in individual cases is a matter for our include some offences for which it is not possible to independent judiciary, taking account of the circumstances receive a custodial sentence. Of those offenders who of the case and the maximum penalty for the offence. A had between 76 and 100 previous convictions between court may only impose a community order or a custodial the 12 months ending September 2004 and the 12 sentence where the offence is imprisonable. The months ending September 2013, 84% of the disposals overwhelming majority of repeat offenders have previously for their previous convictions were fines. This increases received a number of custodial sentences but the large to 96% when you look at the offenders who had over majority of previous convictions identified in the following 100 previous convictions. It should also be noted that table resulted in a fine as they were for summary non- these figures are based on counting the number of motoring offences. separate occasions on which offenders were sentenced The number of offenders who were given a non-custodial in each year and some offenders could therefore be sentence in each year since 2004, broken down by their represented several times in the figures. number of previous convictions, is given in Table 1. It is important to note that these figures are based only on The number of offenders who have received at least those offences recorded on the Police National Computer one previous conviction, or indeed multiple previous (PNC) by an English or Welsh police force, including convictions, before receiving their first custodial sentence the British Transport Police, and include a number of has decreased under this Government.

Table 1: Number of offenders1 given a non-custodial sentence for an offence in England and Wales, in each year since 2004 for the 12 months ending September, by number of previous2 convictions 12 month period to the end of September Number of previous convictions2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

No previous 146,093 144,729 146,786 148,920 143,898 137,457 132,475 125,065 112,687 102,415 convictions 1 previous conviction 67,494 63,872 65,466 67,382 66,167 63,938 62,224 57,593 51,264 46,165 2 previous convictions 44,410 41,227 41,983 42,959 42,155 41,081 40,091 37,597 33,700 30,853 3 previous convictions 33,263 30,884 30,978 31,620 31,241 29,902 29,565 28,155 25,414 23,527 4 previous convictions 26,138 24,027 24,188 25,180 24,575 23,734 23,509 22,237 20,411 18,882 5 - 10 previous 91,792 83,783 83,800 85,008 87,250 85,341 83,522 81,150 74,429 69,401 convictions 11 - 20 previous 62,601 57,736 57,139 58,189 61,352 62,285 61,922 62,216 58,187 55,533 convictions 21 - 30 previous 22,518 22,074 22,674 23,460 26,020 27,135 27,156 28,367 28,023 27,633 convictions 31 - 40 previous 7,383 7,761 8,291 9,114 10,793 11,857 12,182 13,187 13,436 13,992 convictions 41 - 50 previous 2,648 2,665 3,037 3,493 4,487 4,941 5,551 6,243 6,382 7,033 convictions 51 - 75 previous 1,853 1,941 1,980 2,308 2,960 3,637 4,068 4,776 5,328 5,918 convictions 76 -100 previous 603 462 486 640 793 849 957 1,023 1,279 1,513 convictions Over 100 previous 654 680 628 621 817 828 831 987 960 1,079 convictions All offenders 507,450 481,841 487,436 498,894 502,508 492,985 484,053 468,596 431,500 403,944 1 Figures are based on counting the number of non-custodial sentencing occasions for offences committed by offenders which were prosecuted by police forces in England and Wales including the British Transport Police. Offenders may appear more than once in the year, where they have been sentenced on multiple occasions within the year. 2 Figures are based on counting the number of occasions on which offenders have previously received a conviction for any offence recorded on the Police National Computer, including some offences committed outside of England and Wales. Where there were multiple offences on the same occasion, only the primary offence as recorded on the Police National Computer would be counted. Note: All data have been taken from the MOJ extract of the Police National Computer. This includes details of all convictions, cautions, reprimands or warnings given for recordable offences (see www.legislation.gov.uk/uksi/2000/1139/schedule/made for definition). It is therefore possible that some offenders presented in the table above have previously also received convictions for offences not recorded on the PNC. Some less serious offences that do not attract a custodial sentence are also included on the PNC, usually when accompanied by a recordable offence in the same case. Source: Ministry of Justice, Police National Computer (PNC). 383W Written Answers10 JULY 2014 Written Answers 384W

Table 2: Number of offenders1 given their first custodial sentence for an offence in England and Wales, in each year since 2004 for the 12 months ending September, by number of previous2 convictions 12 month period to the end of September Number of previous convictions2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

No previous convictions 11,408 11,588 11,883 12,039 13,573 13,014 12,713 11,869 11,579 10,117 1 previous conviction 4,865 4,855 4,665 4,660 4,934 5,114 5,017 4,852 4,903 4,037 2 previous convictions 3,851 3,757 3,664 3,607 3,619 3,700 3,566 3,590 3,350 2,651 3 previous convictions 3,156 3,072 2,985 2,790 2,975 2,954 2,769 2,653 2,560 2,071 4 previous convictions 2,589 2,444 2,315 2,290 2,376 2,284 2,200 2,185 2,078 1,649 5 - 10 previous convictions 7,216 6,861 6,559 6,695 7,088 6,811 6,555 6,508 6,144 4,777 11 - 20 previous convictions 1,524 1,440 1,491 1,552 1,717 1,770 1,837 1,926 1,834 1,527 21 - 30 previous convictions 51 91 84 84 83 125 125 171 183 147 31-40previousconvictions1110758129122122 41-50previousconvictions6454111123 51-75previousconvictions4441130530 76 - 100 previous 0012011100 convictions Over 100 previous 0001100010 convictions All offenders 34,681 34,126 33,663 33,730 36,376 35,789 34,793 33,773 32,658 27,001 1 Figures are based on counting the first sentencing occasion, in each year, an offender was sentenced to immediate custody for offence(s) which were prosecuted by police forces in England and Wales including the British Transport Police. 2 Figures are based on counting the number of occasions on which offenders have previously received a conviction for any offence recorded on the Police National Computer, including some offences committed outside of England and Wales. Where there were multiple offences on the same occasion, only the primary offence as recorded on the Police National Computer would be counted Note: All data have been taken from the MOJ extract of the Police National Computer. This includes details of all convictions, cautions, reprimands or warnings given for recordable offences (see www.legislation.gov.uk/uksi/2000/1139/schedule/made for definition). It is therefore possible that some offenders presented in the table above have previously also received convictions for offences not recorded on the PNC. Some less serious offences that do not attract a custodial sentence are also included on the PNC, usually when accompanied by a recordable offence in the same case. Source: Ministry of Justice, Police National Computer (PNC).

Sexual Offences those aged 18 to 20 who are sentenced to detention in a young offender institution (DYOI) or custody for life who are generally held in a (18-20) YOI; Mrs Lewell-Buck: To ask the Secretary of State for Justice what recent discussions he has had with the Bar 21-year-olds who are sentenced to imprisonment and are held in adult prisons; Standards Board on requiring advocates who handle sexual abuse cases to undertake appropriate specialist 18 to 21-year-olds who are remanded in custody and may be held in (18-20) YOIs or prisons; training. [203978] 18 to 21-year-olds who are held under immigration powers and Mr Vara: We have begun discussions with the Bar may be in (18-20) YOIs, prisons or immigration removal Council, and officials have met with the Bar Standards centres. Board, on the recommendations in the Jeffrey Review Number of individuals in custody aged 18 to 21 by establishment, at 31 March of criminal defence advocacy, which include consideration 2014, England and Wales by the profession of a ticketing system for defence Establishment Number advocates, who appear in rape and sexual abuse cases to Altcourse 223 ensure they have undergone relevant training. Ashfield 1— Askham Grange 1— Young Offenders Aylesbury 380 Bedford 36 Belmarsh 87 Sadiq Khan: To ask the Secretary of State for Justice Birmingham 49 how many offenders aged 18 to 21 years were held in Brinsford 531 each prison establishment in England and Wales on the Bristol 57 latest date for which data is available. [204105] Brixton 8 Bronzefield 45 Jeremy Wright: There has been a fall in numbers of Buckley Hall 13 young adult offenders over the last five years and it is Bullingdon 78 believed this is explained by a general fall in the numbers Bure 1— of young people being sentenced, in particular being Cardiff 80 sentenced to immediate custody. We will always have Channings Wood 13 enough prison capacity for those committed by the Chelmsford 67 courts. Coldingley 11 The following table presents the number of young Cookham Wood 20 adults aged between 18 and 21 (inclusive) held in each Dartmoor 8 custodial establishment in England and Wales on 31 Deerbolt 495 March 2014. It includes: Doncaster 242 young offenders who have turned 18 in custody and are in the Dovegate 23 youth secure estate; Drake Hall 22 385W Written Answers10 JULY 2014 Written Answers 386W

Number of individuals in custody aged 18 to 21 by establishment, at 31 March Number of individuals in custody aged 18 to 21 by establishment, at 31 March 2014, England and Wales 2014, England and Wales Establishment Number Establishment Number

Durham 98 Send 1— East Sutton Park 1— Stafford 15 Eastwood Park 30 Standford Hill (Sheppey cluster) 1— Elmley (Sheppey cluster) 128 Stocken 22 Erlestoke 1— Stoke Heath 32 Exeter 61 Styal 36 Featherstone 20 Sudbury 8 Feltham 418 Swaleside (Sheppey cluster) 14 Ford 10 Swansea 50 Forest Bank 164 Swinfen Hall 348 Foston Hall 19 Thameside 114 Frankland 1— Thorn Cross 34 Full Sutton 1— Usk / Prescoed 10 Garth 12 Verne 1— Gartree 5 Wakefield 1— Glen Parva 650 Wandsworth 106 Grendon/Spring Hill 7 Wayland 29 Guys Marsh 8 Wealstun 34 Haverigg 22 Werrington 13 Hewell 32 Wetherby 27 High Down 126 Whatton 5 Highpoint (North and South) 32 Whitemoor 1— Hindley 129 Winchester 72 Hollesley Bay 18 Woodhill 80 Holloway 33 Wormwood Scrubs 114 Holme House 79 Wymott 22 Hull 84 Dover Immigration Removal Centre 44 Humber 28 Haslar Immigration Removal Centre 10 Huntercombe 1— Morton Hall Immigration Removal Centre 38 Isis 312 All 8,812 Isle of Wight 1— 1 Establishments with less than five individuals. Kennet 1— Data sources and quality: These figures have been drawn from administrative IT systems which, as with 1 Kirkham — large scale recording system, are subject to possible errors with data entry and Lancaster Farms 405 processing. Leeds 27 Leicester 15 Lewes 65 Lincoln 35 ENVIRONMENT, FOOD AND RURAL AFFAIRS Lindholme 37 Littlehey 399 Air Travel Liverpool 49 Long Lartin 8 Low Newton 19 John Woodcock: To ask the Secretary of State for Lowdham Grange 16 Environment, Food and Rural Affairs on what occasions Maidstone 15 each Minister within his Department has taken domestic [204294] Manchester 35 flights on official business since May 2010. Moorland / Hatfield 139 Mount 13 Dan Rogerson: This information could be provided New Hall 31 only at disproportionate cost. North Sea Camp 1— Details of all ministerial overseas travel is published Northumberland 28 on a quarterly basis. Norwich 96 Nottingham 94 Fixed Penalties Oakwood 25 Onley 19 Parc 188 Hilary Benn: To ask the Secretary of State for Pentonville 152 Environment, Food and Rural Affairs what statistics his Peterborough 70 Department holds on the use of fixed penalty notices in Portland 223 each local authority area. [203998] Preston 76 Ranby 38 Dan Rogerson: DEFRA has not collected statistics Risley 29 on the use of fixed penalties by local authorities since Rochester 121 2008-09. Data from previous years can be viewed at: Rye Hill 11 www.data.gov.uk 387W Written Answers10 JULY 2014 Written Answers 388W

Since 2009 the Environment Agency has issued 71 Corporation Tax: Kent fixed penalty notices for offences under the waste Duty of Care and the hazardous waste regulations. Charlie Elphicke: To ask the Chancellor of the Exchequer how much was paid in corporation tax by Nature Conservation businesses registered in Dover and Deal in each of the last five years; and what proportion of such taxation Sir Nicholas Soames: To ask the Secretary of State was paid by small and medium-sized enterprises. for Environment, Food and Rural Affairs if he will [203948] introduce legislative proposals to enshrine the concept of a listed landscape. [204222] Mr Gauke: Since 2010 the Government has cut the main rate of corporation tax from 28% to 21%. It will George Eustice: National Parks and Areas of fall further to 20% in April 2015. The small profits rate Outstanding Natural Beauty are well established national was cut to 20% in April 2011. These corporation tax landscape designations that define areas with particular cuts will be worth around £9.5 billion per year to landscape qualities that merit protection. They are the businesses by 2016-17. jewels in the crown of our country’s landscape and are The table sets out the amount of corporation tax given the strongest protection from damaging development. liable for payment by businesses with a registered address While DEFRA has no plans to introduce legislation in the Dover parliamentary constituency for accounting to identify listed landscapes, English Heritage maintains periods ending in the past five years. The latest year for a ’Register of Historic Parks and Gardens’ which identifies which figures are available is 2011-12. over 1,600 sites assessed to be of national importance. Shipping: Exhaust Emissions 2007-08 2008-09 2009-10 2010-11 2011-12

Corporation tax 14 14 12 13 16 Miss McIntosh: To ask the Secretary of State for liability (£ million) Environment, Food and Rural Affairs what discussions he has had with his French counterpart on the effects Figures on the amount of tax paid, broken down by of the EU Sulphur Directive on (a) the shipping company size, are not readily available and could be industry, (b) jobs and (c) the environment; and what provided only at disproportionate cost. the outcomes of those discussions were. [203938] Credit: Interest Rates Dan Rogerson: There have not been any discussions with our French counterparts on these matters. The David T. C. Davies: To ask the Chancellor of the shipping aspects of the EU Sulphur Directive do not Exchequer what discussions he has had with banks fall within DEFRA’s area of responsibility. about the consequences for a mortgage application of I refer the hon. Member to the answer given by the taking out a payday loan. [204209] Under-Secretary of State for Transport, my hon. Friend the Member for Wimbledon (Stephen Hammond), on Mr Gauke: Treasury Ministers and officials meet 9 July 2014, Official Report, column 334W. with a range of stakeholders to discuss relevant policy issues. In making mortgage lending decisions, lenders must TREASURY follow the appropriate regulatory and legislative requirements. Beyond this, decisions about who they Civil Servants: Codes of Practice lend to and on what terms are a commercial matter, Lindsay Roy: To ask the Chancellor of the Exchequer including how they use information about existing or how many (a) internal and (b) external complaints previous credit commitments. have been received by his Department about alleged Credit risk models and approaches vary between breaches of the Civil Service Code of Conduct since lenders, so while a history of payday loans may prevent 2010; and what actions his Department has taken in a borrower taking out a loan with one lender, others response to each such complaint. [203958] may take a different approach. Mr Gauke: The Civil Service Code sets out the clear Derelict Land: Taxation procedure that civil servants should follow if they believe they are being required to act in a way which conflicts Sir Nicholas Soames: To ask the Chancellor of the with the code, or they become aware of action by others Exchequer if he will make it his policy to introduce a which they believe conflicts with the code. Complaints derelict land tax. [204221] are normally dealt with by the line management chain in the first instance, with the most serious cases escalated Mr Gauke: The Government has no intention of to senior managers, HR or the permanent secretary. introducing a tax on derelict land. The Government Because most issues are dealt with locally or within the does not believe that increasing the cost of holding line management chain, there is no formal or systematic derelict land would be an effective way to incentivise register of all complaints within the Department. development. The Government is instead focusing on Where a civil servant is not satisfied with how the other more effective measures to address stalled sites matter has been handled by a Department, he or she such as introducing a right of appeal against economically can raise the matter with the Civil Service Commission. unviable affordable housing (section 106) obligations, The Commission publishes details of the number of and incentivising the development of derelict land through complaints received annually. Land Remediation Relief. 389W Written Answers10 JULY 2014 Written Answers 390W

Mapeley After establishing that there is a valid legal basis to disclose, any disclosures must also be compliant with Charlie Elphicke: To ask the Chancellor of the Exchequer the Data Protection Act and Human Rights Act. HMRC (1) what assessment he has made of the (a) compliance also operates rigorous and robust security processes and (b) performance of Mapeley STEPS Contractor and safeguards which are in line with industry best Limited following HM Revenue and Custom’s last audit practice. Legislative gateways include restrictions and of such compliance and performance of Mapeley STEPS safeguards to control how information may be used. Contractor Limited in respect of the Annual PM Schedule under 17.1(a) of the Private Finance Initiative contract between HM Revenue and Customs and Mapeley STEPS HOME DEPARTMENT Contractor Limited; [204244] (2) when HM Revenue and Customs last audited the ICT (a) compliance and (b) performance of Mapeley STEPS Contractor Limited in respect of the Annual Mr Bradshaw: To ask the Secretary of State for the PM Schedule, under 17.1(a) of the Private Finance Home Department how many mobile telephones, Initiative contract between HM Revenue and Customs BlackBerrys and laptops were lost by her Department and Mapeley STEPS Contractor Limited. [204245] in (a) 2013 and (b) 2014 to date. [204474]

Mr Gauke: HM Revenue and Customs (HMRC) Karen Bradley: The Secretary of State for the Home monitors the performance of its contractor regularly Department, my right hon. Friend the Member for under a range of provisions. Commercial discussions Maidenhead (Mrs May), can confirm the information between HMRC and its suppliers are confidential. relating to lost, and stolen, mobile phones, BlackBerrys and laptops can be found on the following link to the Minimum Wage: Scotland Home Office webpage on the Gov.UK website: https://www.gov.uk/government/uploads/system/uploads/ Pamela Nash: To ask the Chancellor of the Exchequer attachment_data/file/306918/2013_Annual_ICT_Losses.csv/ preview pursuant to the answer of 10 April 2013, Official Report, column 1177W,on minimum wage: Scotland, how many January to December 2013 staff were in the national minimum wage team monitoring Device/Incident Total Scotland at the most recent date in 2014 for which records are available. [203022] Lost BlackBerrys/Mobile Phones 62 Stolen BlackBerrys/Mobile Phones 12 Mr Gauke: The Government takes the enforcement Lost Laptops 3 of the National Minimum Wage (NMW) very seriously. Stolen Laptops 5 HMRC review every complaint that is referred to them Lost Removable Media 1 by the Pay and Work Rights Helpline. In addition, by Stolen Removable Media 0 collating and analysing data received from various sources, Recovered BlackBerrys/Mobiles 2 HMRC ensure targeted enforcement through robust Recovered Laptops 0 risk assessment processes to identify employers across Information is recorded and published under calendar the United Kingdom who are more likely to be not year; information on items lost and stolen for 2014 will paying NMW. be published in early 2015. I would refer the hon. Member to the answer I gave on 6 May 2014, Official Report, column 111W, that Terrorism HMRC deploys resources to risk, so work relating to a specific geographical area is not always undertaken by Jim Shannon: To ask the Secretary of State for the the NMW team based in that area. Home Department what steps the Government has taken to prevent UK citizens from joining terrorist Revenue and Customs movements in Egypt and Syria. [202276]

John Healey: To ask the Chancellor of the Exchequer Karen Bradley: The Government takes the issues of what steps he is taking to ensure that sharing of customer radicalisation, extremism and the threat posed by UK information collected by HM Revenue and Customs is citizens who join terrorist movements abroad extremely subject to appropriate safeguards. [203961] seriously. We are particularly concerned about those who travel Mr Gauke: HM Revenue and Customs (HMRC) is to Syria to fight. Our first priority is to dissuade people bound by a strict duty of confidentiality with respect to from going through public messaging, community events all of the information it holds in connection with its and bespoke interventions. The police and intelligence functions. This is underpinned by a criminal sanction to services are also undertaking a great deal of work to protect against the unlawful disclosure of information disrupt terrorist activity. that identifies a person or through which their identity While the main effort is dissuading people from travel, can be deduced. HMRC officials may share information the intelligence agencies and police are working to only in the limited circumstances set out in legislation, identify and disrupt potential threats. This includes which include disclosures for the purposes of HMRC’s interviewing individuals at the UK border suspected of functions, through specific legislative gateways or with being involved in the commission, preparation or instigation the consent of the subject of the information. of acts of terrorism, and cancelling or withdrawing 391W Written Answers10 JULY 2014 Written Answers 392W passports of some UK nationals of concern seeking to Mr Laws: Key stage 2 national curriculum assessment travel to Syria. People who become involved with fighting statistics are published online at: in Syria could potentially be prosecuted under UK law www.gov.uk/government/collections/statistics-key-stage-2 on their return. But each case is considered individually. GCSE attainment statistics are published online at: If the police refer a case to the Crown Prosecution Service, they consider whether there is sufficient evidence www.gov.uk/government/collections/statistics-gcses-key- stage-4 of any offence, and if so, whether it is in the public interest to prosecute. Attainment statistics by Parliamentary constituency are published online at: www.education.gov.uk/inyourarea/ EDUCATION Information that is not already in the public domain has been placed in the House Library. Academies

Kevin Brennan: To ask the Secretary of State for Education: Warrington Education when the sponsor capacity funds awarded by his Department to the Third Millennium Education Helen Jones: To ask the Secretary of State for Education Trust were returned to his Department. [203554] how much (a) revenue and (b) capital funding was provided to each pupil in state (i) primary and (ii) Mr Timpson: The Sponsor Capacity Fund awarded secondary schools in Warrington in (A) cash terms and to the Third Millennium Education Trust was returned (B) at 2014 prices in each year since 1995-96. [203329] to the Department for Education on 29 January 2013. Basic Skills: South East Mr Laws: As Warrington only became a local authority in 1998 as a result of local government reorganisation, Simon Kirby: To ask the Secretary of State for comparable funding data is only available from this Education what assessment his Department has made date. of levels of literacy and numeracy in (a) primary Average per pupil revenue funding figures, from the school leavers and (b) secondary school leavers in (i) Department to local authorities, for pupils aged 3-10 Brighton, Kemptown constituency, (ii) East Sussex and (primary) and 11-15 (secondary) for Warrington specifically (iii) South East England in each of the last five years. for years 1997-98 to 2005-06 are as follows. These [203872] figures are in cash terms:

Average Per Pupil Revenue Funding (cash) 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06

Warrington LA (primary) 1,856 1,973 2,123 2,337 2,540 2,670 2,896 3,046 3,321 Warrington LA (secondary) 2,579 2,711 2,841 3,075 3,287 3,472 3,633 3,886 4,124

These figures are in real terms using June 2014 GDP deflators in 2013-14 prices:

Average Per Pupil Revenue Funding (real) 1997-98 1998-99 1999-2000 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06

Warrington LA (primary) 2,618 2,730 2,881 3,149 3,333 3,424 3,642 3,728 3,992 Warrington LA (secondary) 3,637 3,752 3,856 4,145 4,313 4,452 4,570 4,757 4,957

Per pupil figures using standard spending assessment DSG only covers the EFS school block. LEA block (SSA)/education formula share (EFS) allocations and items are still funded through DCLG’s local government pupils aged 3-15. finance settlement but education items cannot be separately With the introduction of the dedicated schools grant identified. Consequently, there is a break in the (DSG) in 2006-07, the changes to the funding mechanism Department’s time series as the two sets of data are not meant figures were no longer comparable with previous comparable. years. To provide a comparison for 2006-07 DSG, the The 1997-98 to 2005-06 figures are based on EFS Department has isolated the EFS school block equivalent which formed the education part of the local government funding in 2005-06; as described above this does not finance settlement, plus various grants. This was an represent the totality of ‘education’ funding in that assessment of what local authorities needed to fund year. education rather than what they spent. The DSG is based largely on an authority’s previous spending. In Figures for financial years 2005 to 2013 are shown as addition, the DSG has a different coverage to EFS. EFS follows. These are in cash terms: comprised a schools block and a local education authority (LEA) block (to cover LEA central functions) whereas 393W Written Answers10 JULY 2014 Written Answers 394W

2005-06 Average revenue per pupil funding (cash) (baseline) 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

Warrington LA 3,630 3,840 4,100 4,300 4,490 4,730 4,670 4,670

These are in real terms using June 2014 GDP deflators in 2013-14 prices:

2005-06 Average revenue per pupil funding (cash) (baseline) 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13

Warrington LA 4,370 4,490 4,670 4,760 4,850 4,970 4,800 4,750

Per pupil figures are using DSG allocations plus These figures in real terms: other schools related grants, eg school standards grant, school standards grant (personalisation), standards fund Pupil Premium Allocations etc. and pupils aged 3-15 rounded to the nearest £10. (£ million) 2011-12 2012-13 2013-14 2014-15 Most of the additional grants were mainstreamed into Warrington 1.769 3.447 5.281 6.750 DSG in 2011-12. Price Base: Real terms at 2013-14 prices, based on GDP With the changes to DSG funding in financial year deflators as at 27 June 2014 2013 to 2014, i.e. funding allocated through three blocks, namely schools, early years and high needs, there is no The following table shows capital funding for the longer a comparable overall figure with previous years. financial years that are available. The data is in cash The following table shows the DSG schools block unit terms as allocations are phased across more than one funding figures in cash and real terms for Warrington year making real terms calculations meaningless. Complete LA. information on the split of capital between phases of education is not held centrally. DSG schools block per pupil funding 2013-14 2014-15 Warrington Capital funding

Warrington LA (cash) 4,219 4,219 1998-99 3.70 1999-2000 4.70 Warrington LA (real)* 4,219 4,128 2000-01 8.70 2001-02 10.00 * Real terms figures shown in 2013-14 prices using GDP deflators at 27 June 2002-03 11.70 2014. 2003-04 10.60 2004-05 10.30 Since 2011-12 schools have received the Pupil Premium 2005-06 12.20 which targets funding at pupils from the most deprived 2006-07 12.70 backgrounds to help them achieve their full potential. 2007-08 10.40 In 2011-12, the Premium was allocated for each pupil 2008-09 10.60 known to be eligible for Free School Meals, looked after 2009-10 19.40 children and children of parents in the armed services. 2010-11 18.40 In 2012-13 coverage was expanded to include pupils 2011-12 5.60 known to have been eligible for Free School Meals at 2012-13 7.10 any point in the last six years. The amounts per pupil 2013-14 8.60 amounts for each type of pupil are shown in following table in cash terms: Notes: 1. Capital allocations includes capital grant and supported borrowing Pupil Premium per pupil (£) 2011-12 2012-13 2013-14 2014-15 allocations.

Free School Meal Pupil 488 623 953 1,300 2. Figures are rounded to the nearest £100,000. Primary Sources: Free School Meal Pupil 488 623 900 935 Secondary www.gov.uk/government/publications/dedicated-schools-grant- Service Children 200 250 300 300 2014-to-2015 Looked After Children 488 623 900 *1,900 www.gov.uk/government/publications/pupil-premium-2013-to- *Also includes children adopted from care. 2014-final-allocation-tables www.gov.uk/government/publications/pupil-premium-2014-to- Total Pupil Premium allocations for Warrington local 2015-illustrative-allocation-tables authority for each year are shown in the following table webarchive.nationalarchives.gov.uk/20131216163513/http:// in cash terms: www.education.gov.uk/schools/adminandfinance/ financialmanagement/schoolsrevenuefunding Pupil Premium Allocations (£ million) 2011-12 2012-13 2013-14 2014-15 Warrington also received £1.3 million in 2007-8, Warrington 1.720 3.389 5.281 6.899 £3.4 million in 2008-9, £18.2 million in 2009-10, and £0.9 million in 2010-11 under the BSF programme. 395W Written Answers10 JULY 2014 Written Answers 396W

Pupils: Disadvantaged Sixth Form Education

Martin Horwood: To ask the Secretary of State for Rushanara Ali: To ask the Secretary of State for Education what proportion of secondary school students Education what estimate his Department has made of in Gloucestershire qualify for the pupil premium. the level of funding for each pupil aged 16 to 18 years [204206] old in each academic year until 2020. [204202]

Mr Laws: Tables detailing the number of pupils Mr Laws: We confirm final funding rates for 16 to eligible for the pupil premium in the financial year 19-year-olds in the spring before the start of each 2014-15 at school and local authority level are available academic year. We confirmed rates for academic year online at: 2014/15 in March 2014. We will confirm rates for 2015/16 www.gov.uk/government/publications/pupil-premium-2014- in March 2015. Budgets beyond 2015/16 will not be to-2015-illustrative-allocation-tables/ agreed until after the Government’s next spending review. The tables show that 18.2% of secondary school pupils in Gloucestershire are eligible for the deprivation Rushanara Ali: To ask the Secretary of State for pupil premium in 2014-15. Education what assessment his Department has made of the effect of an increase in the numbers of young Schools: Finance people at school age on funding for provision for 16 to 18-year-olds in each year of the next Parliament. John Pugh: To ask the Secretary of State for Education [204208] what assessment the Government has made of the impact on school budgets in 2016-17 of planned changes Matthew Hancock: Funding for provision for 16 to in pension and national insurance contributions. 19-year-olds in the next Parliament will be subject to [203204] the next spending round.

Mr Laws: The Government’s position on the change in employer contribution rate for the Teachers’ Pension Scheme was published in the Teachers’ Pension Scheme DEPUTY PRIME MINISTER Valuation Report (Actuarial Valuation as at 31 March 2012), which is available here: Local Enterprise Partnerships https://www.gov.uk/government/uploads/system/uploads/ attachment_data/file/324305/ TPS_2012_valuation_report_FINAL_9_June_2014.pdf Sir Bob Russell: To ask the Deputy Prime Minister The position for non-teaching staff is less clear-cut as what guidance the Minister of State for Cities and they are covered by the Local Government Pension Constitution has given to local enterprise partnerships (a) (b) Scheme, which consists of around 90 different funds, on informing district councils and hon. Members and thus the change in employer costs as a result of about Growth Deal schemes before briefing the media; recent reforms will vary from fund to fund. and if he will make a statement. [204251] The expected changes in National Insurance for Greg Clark: Growth Deals are negotiated between employers as a result of moves to a single tier state the Government and local enterprise partnerships. It pension were set out in the impact assessments for was for every local enterprise partnership to determine Pensions Act 2014, which are available here: who to contact in advance of the announcement of https://www.gov.uk/government/uploads/system/uploads/ their deal. attachment_data/file/311316/pensions-act-ia-annex-a-single-tier- state-pension.pdf I wrote to all hon. Members with constituencies in England on the morning of 7 July, the day of the Schools: Uniforms Growth Deals announcement, setting out full details of the Growth Deal in their area. Mr Sheerman: To ask the Secretary of State for Education under what circumstances schools are permitted to require religious headcoverings or other religious items as part of compulsory uniform; and if he will SCOTLAND issue revised guidance on this matter to Ofsted. [202910] Civil Servants: Codes of Practice Mr Laws: Our guidance to schools on school uniform is clear that schools must have full regard to their obligations under equalities law, and act reasonably, Lindsay Roy: To ask the Secretary of State for Scotland fairly and flexibly in the interests of all their students. how many (a) internal and (b) external complaints have been received by his Department about alleged A school that required compulsory religious items as breaches of the Civil Service Code of Conduct since part of its policy may be at risk of breaching the 2010; and what actions his Department has taken in Equality Act 2010; we would expect all schools to act response to each such complaint. [203957] flexibly in response to reasonable requests to vary their uniform policy. David Mundell: The Office has not received any (a) The Department’s guidance on school uniform is internal and (b) external complaints about alleged breaches available online: of the Civil Service Code of Conduct by individual www.gov.uk/government/publications/school-uniform officials since 2010. 397W Written Answers10 JULY 2014 Written Answers 398W

Commonwealth Games 2014 LEADER OF THE HOUSE Ministers: Disclosure of Information Lindsay Roy: To ask the Secretary of State for Scotland what contribution his Department is making Pat Glass: To ask the Leader of the House what to the preparations for the 2014 Commonwealth recent guidance he has given to his ministerial colleagues Games in Glasgow. [203915] on making statements to the House before they are made to the media. [904796] David Mundell: The Scotland Office is committed to the success of the Commonwealth Games and has Mr Lansley: The Ministerial Code is clear; when played a co-ordinating role in UK Government Parliament is in session the most important announcements departments’ vital work on the preparations for the of Government policy should be made in the first Games in a wide range of areas. Scotland Office Ministers instance to Parliament. and officials have been in extensive, regular and proactive I regularly remind my colleagues of this. contact with ministerial colleagues and officials in other Private Members’ Bills UK Government Departments, with Shona Robison MSP (Scottish Government Cabinet Secretary for the Mr Bain: To ask the Leader of the House what recent Commonwealth Games) and her officials, with Councillor discussions he has had with his ministerial colleagues Gordon Matheson and others in Glasgow City Council, about Private Members’ Bills. [904789] with the Glasgow 2014 Organising Committee, and with Police Scotland, and other stakeholders, to ensure Mr Lansley: I have regular discussions with ministerial that UK Government departments, fulfilling their reserved colleagues about legislation before the House, including responsibilities, work as closely as possible with the Private Members’ Bills. devolved Administration and the Organising Committee.

ELECTORAL COMMISSION COMMITTEE

Domestic Visits Elections: Fraud Chris Ruane: To ask the hon. Member for South West Dr Whiteford: To ask the Secretary of State for Devon, representing the Speaker’s Committee on the Scotland which official welfare-related engagements in Electoral Commission, if the Electoral Commission Scotland (a) he and (b) other Ministers in his Department will produce a list of significant cases of electoral fraud have attended together with Ministers in the Department resulting in custodial sentences since 1998; and what of Work and Pensions since May 2010. [202814] political party was involved in each case. [203973]

Mr Streeter: The Electoral Commission informs me David Mundell: The Secretary of State for Scotland, that the requested data for the period 1998-2012 is the right hon. Member for Orkney and Shetland (Mr contained in Appendix 3 of its evidence and issues Carmichael) and I have carried out a series of welfare paper on electoral fraud published in May 2013. This related visits from which we have fed back to DWP may be found on the Commission’s website here: Ministers. DWP have also carried out a series of welfare http://www.electoralcommission.org.uk/find-information-by- related meetings. Specific accompanied visits are: subject/electoral-fraud/electoral-fraud-vulnerabilities-review# In 2011 the then Secretary of State for Scotland undertook in In addition, since the publication of its paper in May April a visit to High Riggs Jobcentre Plus with Chris Grayling, 2013 a case of personation, misconduct in public office and in May attended a youth employment event in Irvine with the Secretary of State for Work and Pensions, my right hon. Friend and intention to pervert the course of justice at the the Member for Chingford and Woodford Green (Mr Duncan Derby Council elections in 2012 resulted in one defendant Smith). being jailed for 14 months and three other defendants each being given suspended jail sentences of 8 months. In November 2012, Lord Freud and I undertook a series of welfare related engagements including meeting with the Scottish The Commission understands that none of those convicted Federation of Housing Associations, Edinburgh council and Dunedin in this case were shown to be linked to a political party. Canmore Housing Association; discussions with locally elected members from Dumfries and Galloway, West Dunbartonshire Chris Ruane: To ask the hon. Member for South West and North Lanarkshire; and meeting with the Scottish Parliament Devon, representing the Speaker’s Committee on the Welfare Reform Committee. Electoral Commission, how many successful prosecutions In July 2013, Lord Freud and I met with both the Scottish for (a) postal, not proxy, vote fraud and (b) electoral Minister for Housing and Welfare, Margaret Burgess MSP and registration fraud there have been in each of the last the Convention of Scottish Local Authorities (COSLA), at Lord 15 years. [203974] Freud’s office in London. Lord Freud and I also attended the 2013 Annual COSLA Mr Streeter: The Electoral Commission informs me Conference where Lord Freud gave a key note speech on welfare that data for offences under the various Representation reform. of the People Acts which specifically refer to offences I recently completed a second round of meetings with all 32 relating to electoral registration fraud, or postal vote local authorities in Scotland to seek their feedback on how the fraud cannot be separately identified on the Ministry of welfare reform changes are working in practice. I was also pleased Justice Court Proceedings Database as they form part to give evidence to the Scottish Parliament’s Welfare Reform of a miscellaneous group which cannot be separately Committee on the 26 June 2014. analysed. However, since 2008, the Electoral Commission 399W Written Answers10 JULY 2014 Written Answers 400W has collated and published data reported by UK police Chris Ruane: To ask the hon. Member for South West forces on cases of alleged electoral fraud annually on its Devon, representing the Speaker’s Committee on the website here: Electoral Commission, for what reason the Electoral http://www.electoralcommission.org.uk/find-information-by- Commission first decided to undertake research into subject/electoral-fraud/electoral-fraud-responsibilities the completeness of the electoral register; and why further work on this issue has now been commissioned. [203678] Electoral Register Mr Streeter: The Commission’s first research on the Chris Ruane: To ask the hon. Member for South completeness and accuracy of the registers was published West Devon, representing the Speaker’s Committee on in 2005, using 2001 census data. The research was the Electoral Commission, how many electors have undertaken to gain estimates of the quality of the registered online since the introduction of online electoral registers and to continue a series of published registration; and what steps the Electoral Commission reports following each census, which had previously is taking to encourage online registration. [203675] been funded/overseen by the Office for Public Censuses and Surveys and the Home Office. Mr Streeter: The Electoral Commission informs me The 2005 report, and subsequent research, have informed that the numbers of people who have registered online the advice, guidance and resources the Commission falls within the remit of the Cabinet Office, which is produces to help get people registered, as well as the leading on online registration. public awareness campaigns the Commission runs itself. The Electoral Commission is taking a range of steps All of its current planned research is focused on to encourage online registration, including providing monitoring the transition to individual electoral registration. template letters for electoral registration officers (EROs) to send to residents highlighting the fact that people can Chris Ruane: To ask the hon. Member for South West register online and directing them to the registration Devon, representing the Speaker’s Committee on the site (gov.uk/register-to-vote). The Commission has also Electoral Commission, what assessment the Electoral made a range of publicity resources available for EROs Commission has made of the effect of the removal of to use in their local public engagement activity which electors who failed to register under individual electoral direct people to the gov.uk site. These will work in registration before 1 December 2015 on the next boundary conjunction with the Commission’s mass media public review. [203679] awareness campaign to coincide with the ‘write out’ EROs are doing in their areas and which takes place in England and Wales in July/August and in October in Mr Streeter: The Electoral Commission will report Scotland. The Commission is also working with partners on the number of individuals on the registers before the and stakeholders, including political parties, businesses, next UK parliamentary general election that will be voluntary organisations and the media, to ensure the removed if the transition to individual electoral registration message about online registration and the gov.uk/register- will end in December 2015. to-vote address is spread as widely as possible. As usual, the Commission will ensure the information is publicly available and it will be for the Boundary Chris Ruane: To ask the hon. Member for South Commissions and those responsible for boundaries to West Devon, representing the Speaker’s Committee on assess their impact. the Electoral Commission, (1) what assessment the Electoral Commission has made of public awareness of Chris Ruane: To ask the hon. Member for South West the change from household to individual electoral Devon, representing the Speaker’s Committee on the registration; [203677] Electoral Commission, pursuant to the answer of 1 July (2) how much the Electoral Commission has spent 2014, Official Report, column 613W,on electoral register: on public awareness campaigns on the change from young people, what the EC’s policy is on publishing household to individual electoral registration; and data which it holds but has not commissioned. [203831] what assessment the Commission has made of the effectiveness of those campaigns. [203676] Mr Streeter: The Commission informs me that it does not have policy on publishing data which it holds Mr Streeter: The Electoral Commission informs me but has not commissioned. that the budget for the first phase of its individual electoral registration (IER) public awareness campaign- The data referred to in the original question is publicly which is timed to coincide with the ’write out’ from available on the Office for National Statistics’ website electoral registration officers to everyone in their area-is and can be accessed by every member of the public. approximately £3 million. The campaign is running in England and Wales from Chris Ruane: To ask the hon. Member for South West 3 July to 10 August and a separate campaign will run in Devon, representing the Speaker’s Committee on the Scotland when IER is introduced there in the autumn. Electoral Commission, pursuant to the answer of 1 July The Commission will use a range of measures to assess 2014, Official Report, column 613W,on electoral register, the effectiveness of the campaigns, including undertaking what assessment the Electoral Commission has made of campaign tracking research studies at the start and the accuracy of two separate pilot schemes which data conclusion of each campaign. mined Student Loans Company data. [203837] 401W Written Answers10 JULY 2014 Written Answers 402W

Mr Streeter: The Commission has published an Kris Hopkins: The Redress Schemes for Lettings Agency evaluation report on each of the two data-matching Work and Property Management Work (Requirement pilots conducted using data from the Student Loans to Belong to a Scheme etc) (England) Order was laid in Company. Parliament on 23 June. Subject to approval of that http://www.electoralcommission.org.uk/our-work/our- Order by both Houses of Parliament, the requirement research/electoral-registration-research for letting agents and property managers in England to In 2012, the Commission found that there were very belong to an approved redress scheme will come into few registrations from data matching with the Student force on 1 October 2014. Loans Company (SLC) database. This, and responses to the follow-up activity, support the view expressed by Apprentices the SLC that the data used for these pilots (at the end of the academic year) was sometimes out of date. Hilary Benn: To ask the Secretary of State for In 2013, the Commission concluded that there were Communities and Local Government how many some issues with the addresses on this data being incomplete. apprentices aged (a) 16 to 18, (b) 19 to 24 and (c) 25 Only one pilot area reported usable results for this years or over are employed in (i) his Department and database and this pilot area reported a low number of (ii) each of his Department’s Executive agencies and new registrations. non-departmental public bodies. [202536]

Voting Behaviour Brandon Lewis: My Department currently has six apprentices. Two are aged 16 to 18, and four are aged 19 to 24. We are due to get a further four apprentices in Chris Ruane: To ask the hon. Member for South September 2014. West Devon, representing the Speaker’s Committee on the Electoral Commission, what role the Electoral Of our Arms Length Bodies, the Planning Inspectorate Commission has in promoting political engagement; currently has seven apprentices. Six are aged 19 to 24, and what assessment the Commission has made of the and one is aged 25 or over. Homes and Communities contribution of ward level data or voter turnout at Agency currently has three apprentices, all of whom are general elections to monitoring political engagement. aged 19 to 24. [203630] Six apprentices were appointed to permanent roles in the Department of the 10 employed last year. The Mr Streeter: Until 2007 the Commission delivered Department is committed to bringing in apprentices both its own programmes to increase voter turnout and and promoting fresh perspectives and ideas. They are engagement and funded a range of voluntary and other enthusiastic in their approach to work and committed providers to deliver such work, with a particular focus to learning and developing the skills needed to make a on encouraging under-engaged groups to vote. positive contribution, both within and outside the Since 2007 the Commission’s work has focused on Department. increasing voter registration, providing information to help people vote and improving the regulation necessary Council Tax to foster public confidence in political parties and their funding. Partly for this reason the Commission has not Hilary Benn: To ask the Secretary of State for considered the contribution of ward level data to monitoring Communities and Local Government (1) what guidance political engagement at general elections. his Department has issued on whether the landlord or The shift in focus in 2007 was in line with the conclusions tenant is responsible for the payment of council tax of the Committee on Standards in Public Life (CSPL)’s when a tenant leaves the property but fails to inform the report into the Electoral Commission that year, which landlord; [203890] said that pursuing the aims of increasing voter turnout (2) what guidance his Department has issued on and democratic participation was not the most effective whether the landlord or tenant is responsible for the use of its limited resources. The Speaker’s Committee payment of council tax on the day that a tenancy ends. supported this change, and both the Government and [203889] Opposition at the time agreed with this shift. The Commission welcomes opportunities, such as those Brandon Lewis: The hierarchy of liability for council provided by the current review of the Political and tax is set out in Section 6 of the Local Government Constitutional Reform (PCRC) Committee into voter Finance Act 1992. A resident tenant of a dwelling is engagement in the UK, to ensure that it continues to higher in the hierarchy of liability than a non-resident reflect Parliament’s view about its most appropriate role owner. A tenant who has permanently vacated a property and focus for the future. is not liable for council tax under local government finance legislation. Decisions on liability are a matter for billing authorities, and will depend on the particular circumstances of each case, such as whether the property COMMUNITIES AND LOCAL GOVERNMENT is that person’s sole or main residence, or whether there are other remaining residents. Accommodation Agencies My Department has not issued specific guidance on this issue, however, our predecessor, the Department of Mr Prisk: To ask the Secretary of State for the Environment, has previously done so. I have placed Communities and Local Government in which month a copy of “Council tax practice note 2” in the Library the redress arrangements concerning letting and of the House. It is a reflection of the prevailing legislation managing agents will commence. [R] [204060] at that point in time; with that caveat, it is still guiding 403W Written Answers10 JULY 2014 Written Answers 404W otherwise. Paragraph 7 deals with the determination of Brandon Lewis: Under this Government, the DCLG council tax on a daily basis and states that for liability Group has made considerable financial savings in energy purposes ‘The state of affairs at the end of any day is consumption, reducing its greenhouse emissions by 54 assumed to have lasted all that day.’ per centre from 2009-10 to 2013-14, saving £1 million comparing 2009-10 energy costs to 2013-14, through Emergency Services: Crimes of Violence energy efficiency measures and better procurement practices. I would note that under the last Administration, the David Simpson: To ask the Secretary of State for Department’s main building (Eland House, Victoria) Communities and Local Government what steps his was one of the least energy-efficient buildings in Whitehall, Department is taking to better protect emergency despite it being the lead Department on energy efficiency services from attacks by youths. [203967] standards in buildings. In June 2011, the building was awarded a ‘D’ grade display energy certificate, having Brandon Lewis: On 20 February 2007, the Emergency improved from a notional ‘G’ grade in 2006-07. Workers (Obstruction) Act 2006 came into force. This It is not possible to provide meaningful comparable Act, which specifically includes firefighters, makes it an monthly figures since June 2010, as (a) from 2011, the offence to obstruct or hinder an emergency worker residual parts of the Government office for the regions responding to emergency circumstances. estate became part of the core DCLG estate, (b) due to Fire and rescue authorities have in place various billing credits following consumption estimates by suppliers, measures to engage with young people in their areas. (c) changes in consumption due to cold weather and (d) While any attack on firefighters while carrying out their additional consumption due to empty office space being duties is one too many, the number of attacks in England sub-let to third-party tenants, generating income to save continues to fall. taxpayers’ money. Empty Property Fire Services: Pensions Damian Hinds: To ask the Secretary of State for Communities and Local Government (1) what estimate Mr Anderson: To ask the Secretary of State for he has made of the number of vacant residential properties Communities and Local Government whether he plans (a) awaiting occupation, (b) that are derelict, (c) that to make formal proposals to end the ongoing dispute are for sale and (d) in other categories; and what on firefighters’ pensions based on the alternative costed estimate he has made of the proportion of current net options within the proposed cost ceiling which were additional housing demand that could be met through released on 12 June 2014; and if he will make a bringing vacant properties back into use; [203823] statement on progress towards resolving that dispute. (2) what estimate he has made of the number of [203610] vacant residential properties in each region. [203818] Brandon Lewis: I refer the hon. Member to the answer Stephen Williams: Under this Government, the number I gave on 1 July 2014, Official Report, column 610W. of empty homes in England has fallen to a 10 year low. The consultation on the draft regulations has now The number of long-term empty homes has fallen by concluded and it remains premature to pre-empt its around a third from October 2009 to October 2013, and outcome. Progress towards resolving this dispute remains the overall number of empty homes has fallen by around entirely in the hands of the Fire Brigades Union. a fifth over the same period. Statistics on vacant dwellings at a national and local Fixed Penalties authority level are published in the Department’s live table 615, which is available on the following link: Hilary Benn: To ask the Secretary of State for https://www.gov.uk/government/statistical-data-sets/live- Communities and Local Government what statistics his tables-on-dwelling-stock-including-vacants Department holds on the use of fixed penalty notices My Department does not collect information centrally in each local authority area. [202290] on the number of vacant residential properties awaiting occupation, derelict, for sale or in other categories. The Brandon Lewis: The most recent official statistics (for Department does not hold information on the proportion 2009-10) show that 9 million parking fines were issued a of current net additional housing demand that could be year by local authorities in England. From 1997-98 to met through bringing vacant properties back into use. 2010-11, local authority total income from sales, fees As outlined in the written ministerial statement of 18 and charges in England from parking rose from £608 September 2012, Official Report, columns 29-31WS, my million to £1.25 billion; net profits from parking rose Department does not publish statistics by Government from £223 million to £512 million in the same period. A office region. survey by LV= car insurance last year estimated that councils hand out 10.7 million fines a year across the Energy UK, and British motorists pay out over £30 million each month in parking fines. Tom Greatrex: To ask the Secretary of State for Councils in England were forecast to make £635 million Communities and Local Government what estimate he net profit from parking charges fines in 2013-14. Yet has made of his Department’s consumption in kWh of legislation passed by Parliament is clear that parking (a) gas and (b) electricity in each month since June charges and fines should not be used to raise general 2010; and what the cost of such consumption has been revenue. However, some councils are raising money in each such month. [202701] illegally from parking. 405W Written Answers10 JULY 2014 Written Answers 406W

Last July, the High Court ruled that one London Implementing a new right to allow local residents and local borough had illegally hiked parking charges to raise firms to demand a review of parking in their area, including general revenue. The BBC television programme, Inside charges and the use of yellow lines; Out, also drew to my attention parking contracts signed Proposing a widening of the powers of parking adjudicators, by local authorities where outsourced parking wardens and updating guidance so the public know when they can be are rewarded for issuing more fines-in flagrant breach awarded costs at tribunals; of the Government’s operational guidance to councils. Trialling a 25% discount for drivers at appeal stage, reversing The Local Government Association’s own participatory the current disincentive for drivers with a legitimate case to budgeting tool has also encouraged councils to raise appeal; parking charges and fines as a source of general revenue. Changing guidance so drivers parking at an out-of-order meter are not fined if there are no alternative ways to pay; Such practices are a breach of fundamental constitutional Maintaining a freeze on parking penalty charges for the remainder principles from Magna Carta, the Petition of Right and of this Parliament; and the Bill of Rights: taxes should not be levied without Updating the local government Transparency Code to increase recourse to Parliament, and the justice system should information about local parking charges and the number of not be corrupted to raise money. parking spaces. Higher parking charges and more parking fines were Unreasonable parking charges and fines push up the explicit policy of the Labour Government. Labour hard-working people’s cost of living. If parking is too DCLG Ministers called for councils to charge for more expensive or difficult, shoppers will simply drive to out services, including parking, bemoaned that: of town supermarkets or just shop online, undermining ‘Only one in five councils are using charging to the full potential... the vitality of town centres and leading to ‘ghost town’ [such as for] reducing congestion’ high streets. But, by rejecting Labour’s approach, this (Speech to the Local Government Association,2July Government is standing up for hard-working people 2008). and local shops. Planning guidance issued by the Labour Government in Floods 2001 (so-called PPG13) told councils to hike parking charges and adopt aggressive enforcement to discourage drivers. Hilary Benn: To ask the Secretary of State for My Department holds information on councils’ income Communities and Local Government pursuant to the from penalty charge notices. In my answer of 12 March answer of 4 June 2014, Official Report, columns 151-2W, 2014, Official Report, column 260W, I placed in the on Bellwin Scheme, which local authorities have made Library a table showing the amount of money raised in applications for Bellwin funding relating to flooding in parking fines in each local authority in England over winter 2013-14 since 11 June 2014; what amount each time, which illustrates the need to reverse Labour’s such local authority applied for; and what amount has approach. been paid to each such local authority to date. [203680] Since 2010, this Government has already: Brandon Lewis: Bellwin provides emergency financial Scrapped Labour’s Whitehall policy that pressured councils to assistance to local authorities to help them meet uninsurable hike car parking charges as a ‘demand management measure’ to costs they incur when responding to a major emergency discourage car use (PPG13). in their area. The level of funding over time is causally Removed Whitehall restrictions which restricted the provision linked to the scale of flooding or other emergency. As of off-street parking spaces; was the case under previous and current Administrations, Abolished Labour’s Whitehall policy which inhibited parking it operates by local authorities retrospectively claiming charge competition between council areas, and instead introduced spending back. a new policy that says parking charges should not undermine the vitality of town centres; As at 7 July, 70 local authorities have submitted formal Bellwin claims. A table has been deposited in the Introduced a policy that parking enforcement should be Library of the House listing the reimbursement payments proportionate; that have been made to date. In the remaining cases, the Issued new planning practice guidance on removing street claims are being prepared for payment or we are waiting clutter and encouraging the provision of shopper-friendly parking for the local authorities to provide supporting information. space provision; and The deadline for submitting claims was 30 June 2014; Introduced the local retention of business rates, which means claims are being checked and will be paid promptly. that councils benefit from business and retail growth in town centres, rather than just hiking parking charges. Homelessness In addition, the Government recently announced a further series of reforms: Tessa Munt: To ask the Secretary of State for Stopping the abuse or misuse of on-street parking CCTV on an industrial scale. Parking CCTV spy cars were introduced by Communities and Local Government how many (a) the last Labour Government. individuals, (b) couples and (c) families are registered in the UK as seeking accommodation. [203780] Reforming operational parking guidance so it is less heavy handed with motorists, prevents over-aggressive action by bailiffs, positively supports local shops and clearly reinforces the prohibition Kris Hopkins: Local authority housing waiting lists against parking being used to generate profit; in England under the last Administration rose from Introducing mandatory 10 minute “grace periods” at the end 1.02 million households in April 1997 to 1.74 million in of on-street paid and free parking, and off-street municipal April 2010. Under this Government, waiting lists have parking; now fallen to 1.69 million as of April 2013. 407W Written Answers10 JULY 2014 Written Answers 408W

Information is not collected on household type. Figures We are currently considering the representations made for Scotland, Wales and Northern Ireland are a matter following the Secretary of State’s letter and will make a for the devolved Administrations. statement in due course. This Government has given councils greater freedoms to manage their waiting lists, and worked to give greater Parking Offences: CCTV priority to those with local connections and members of the armed forces. Hilary Benn: To ask the Secretary of State for Housing Communities and Local Government (1) what proportion of organisations responding to his consultation on local Mr Prisk: To ask the Secretary of State for Communities authority parking agreed with the Government’s intention and Local Government if his Department will publish a to abolish the use of closed circuit television cameras code of practice for the management of residential for parking enforcement; and if he will make a statement; property. [R] [204061] [203640] Kris Hopkins: We have asked the industry to come (2) what proportion of individual respondents to his together and develop a code of practice for both the consultation on local authority parking agreed with the management of residential property and the process of Government’s proposal to abolish the use of closed letting property.The Royal Institute for Chartered Surveyors circuit television cameras for parking enforcement. (RICS) is leading the development of the code which [203639] we expect to be published in the summer. Brandon Lewis: I refer the right hon. Member to the Housing: Construction Government’s response to the consultation. Natascha Engel: To ask the Secretary of State for https://www.gov.uk/government/consultations/local-authority- parking Communities and Local Government if he will (a) review and (b) amend or provide an exemption to the As the Secretary of State for Communities and Local five-year housing land availability test for councils who Government, my right hon. Friend the Member for have land on the proposed High Speed 2 rail route. Brentwood and Ongar (Mr Pickles), explained on 30 [203897] June 2014, Official Report, column 593, we are banning the use of CCTV for parking enforcement, subject to a Nick Boles: High Speed 2 provides the opportunity to very small number of exceptions that emerged following be a significant catalyst for locally-led growth and that consultation. regeneration at proposed station locations, with the Using CCTV to levy parking fines was a measure potential to support new homes and new jobs, benefiting introduced by the last Labour Government, and it is from the new high-speed connections. This is illustrated clear that such powers have since been misused and by how High Speed 1 has helped extend regeneration abused by councils to raise money on an industrial scale. and growth across East London and Kent. The Government will in due course be responding to the High Speed 2 A report in April by Big Brother Watch estimated Growth Taskforce Report on how best to work with that static CCTV and CCTV spy cars have raised local councils and Local Enterprise Partnerships to £312 million in parking fines from 2008 to 2013 across seize the regeneration opportunities from the new line. 71 local authorities. This Government is a strong advocate of locally-led I would observe that the majority of local authorities development. The Local Plan process helps councils are quite able to enforce parking rules without having to shape where new development should and should not adopt such intrusive measures. Public confidence in go. In that context, it does not make sense to exempt CCTV is strengthened if it is used to catch criminals not councils along the route from having an up to date make money. Local Plan; councils should be in the driving seat to The action of the coalition Government to ban such determine what it best for their local communities. CCTV cash cameras reflects our commitment to protect Local Government: Tower Hamlets civil liberties, as well as our intention to end Labour’s culture of unfair and aggressive parking enforcement Hilary Benn: To ask the Secretary of State for which has inflicted real harm on local shops and high Communities and Local Government if he will place in streets. the Library correspondence between his Department and the London Borough of Tower Hamlets relating to Policy the frequency of publication of East End Life. [203996] Brandon Lewis: Copies of correspondence, from myself Mr O’Brien: To ask the Secretary of State for and my officials, relating to the Secretary of State for Communities and Local Government at what level his Communities and Local Government, my right hon. Department values the reduction of risk of death per Friend the Member for Brentwood and Ongar (Mr fatal casualty prevented; and if he will give an example Pickles), giving Tower Hamlets Council written notification of a policy intervention where this evaluation was of his intention to direct them to comply with the made. [203611] provisions of the Code of Recommended Practice on Local Authority Publicity are available on my Department’s Stephen Williams: When carrying out an appraisal website and can be found at: my Department follows the principles set out in the HM https://www.gov.uk/government/publications/letter-to-tower- Treasury’s Green Book: Appraisal and Evaluation in hamlets-council Central Government. The Green Book includes guidance 409W Written Answers10 JULY 2014 Written Answers 410W on how to value the prevention of fatalities and injuries. NORTHERN IRELAND One of the approaches in the Green Book used by my Department is the Department for Transport’s valuation Healthcare UK of a fatality. The latest monetary value is publicly available on their website. Mr Ivan Lewis: To ask the Secretary of State for An example of where this valuation has been applied Northern Ireland what recent discussions she has had is the recent changes to Part P Building Regulations with the Chief Executive of Healthcare UK to ensure covering electrical safety in dwellings. The impact assessment that business, academia, health and public sector setting out the analysis is publicly available. organisations in Northern Ireland are included in Healthcare UK’s priorities for 2014-15. [204204]

Mrs Villiers: I very much support the promotion of the Northern Ireland health care sector to overseas WOMEN AND EQUALITIES markets and supporting health care partnerships between Northern Ireland and overseas health care providers and I stand ready to work alongside Northern Ireland Domestic Visits Executive Ministers in this regard. But given that these relate to devolved matters in Sheila Gilmore: To ask the Ministers for Women and Northern Ireland, I would expect these discussions to Equalities pursuant to the answer of 19 June 2014, be conducted primarily between the relevant Northern Official Report, column 677W, on official visits, what Ireland Executive Departments and Healthcare UK, domestic visits each of the Ministers in the Government rather than through the Northern Ireland Office. Equalities Office have made since January 2013; and Members: Correspondence what the purpose of each such visit was. [204367]

Mrs Grant: This information could be provided only Mr Ivan Lewis: To ask the Secretary of State for at disproportionate cost. Northern Ireland when she intends to reply to the letter from the hon. Member for Bury South constituency of 12 June 2014 on a youth summit on building a shared Economic Situation: Females future. [204146] Mrs Villiers: I replied to the hon. Gentleman on Miss McIntosh: To ask the Ministers for Women and 8July. Equalities what assessment she has made of the contribution of women to the economy; and if she will make a statement. [203923] ENERGY AND CLIMATE CHANGE Jo Swinson: Women play a vital role in the economy. The Small Business Survey found that SMEs led by Fracking women contributed £75 billion to the economy in 2012 alone. The Women’s Business Council estimate that, by Paul Flynn: To ask the Secretary of State for Energy equalising the labour force participation rates of men and Climate Change if he will make an assessment of and women, the UK could further increase GDP per the implications for environmental safety in the UK capita growth by 0.5 percentage points per year, with hydraulic fracturing programme of studies published in potential gains of 10% of GDP by 2030. 2013 by the University of Missouri on the problem of In November last year, the Government published its dispersal of endocrine disrupter chemicals from fluids action plan on women and the economy, setting out the used in the fracking process for natural gas. [203982] full range of action we are taking, including extending the right to request flexible working from June and Michael Fallon: The potential health impacts of chemical introducing shared parental leave in April 2015. or radioactive exposure from shale gas activities have We now have the highest number of women in work been considered by Public Health England, which published and in self-employment on record, the highest ever a draft report for comment in October 2013 and a final employment rate for women, and record numbers of report in June 2014 entitled ‘Review of the Potential women-led enterprises. Public Health Impacts of Exposures to Chemical and Radioactive Pollutants as a Result of the Shale Gas Extraction Process’: Mental Health Services: LGBT People http://www.hpa.org.uk/Publications/Environment/ PHECRCEReportSeries/PHECRCE009/ Public Health England considered the University of Gloria De Piero: To ask the Ministers for Women and Missouri study as part of its review of the literature and Equalities on what dates she has met Lesbian, Gay, data for the final report (see section 8.2). Bisexual and Transgender mental health service The report concluded overall that: providers. [203898] “An assessment of the currently available evidence indicates that the potential risks to public health from exposure to the Mrs Grant: I refer the hon. Member to the answer emissions associated with shale gas extraction will be low if the given on 9 July 2014, Official Report, column 338W. operations are properly run and regulated.” 411W Written Answers10 JULY 2014 Written Answers 412W

It noted that Oil: Exploration “Where potential risks have been identified in the literature, the reported problems are typically a result of operational failure Mr Weir: To ask the Secretary of State for Energy and a poor regulatory environment.” and Climate Change (1) if he will publish all (a) In the UK, all chemicals which are proposed for use minutes, (b) memoranda and (c) correspondence held in the hydraulic fracturing process are assessed in advance by his Department about contact with (i) the Ministry by the environmental regulators. Operators will not be of Defence and (ii) the Scottish Office relating to the able to use chemicals for well stimulation unless the Department of Energy’s consideration of the 1981 Regulator considers them acceptable for use. application by British Petroleum for a licence to drill in the Firth of Clyde; [203687] Allowing the use of a chemical at one site does not automatically mean the Regulator will allow it to be (2) if he will publish all (a) minutes, (b) memoranda used elsewhere. This is because the environmental risks and (c) correspondence originating between July 1984 may be different, for example, due to local geological and January 1986 relating to contacts between the conditions. Department of Energy and the Ministry of Defence about applications for licences to drill for oil in the Firth of Clyde. [203686] Natural Gas Michael Fallon: The Department does not hold any such documents. Caroline Flint: To ask the Secretary of State for Energy and Climate Change pursuant to the answer of Plutonium 19 June 2014, Official Report, column 1258, on energy security, what the evidential basis is for his statement Paul Flynn: To ask the Secretary of State for Energy that the rate of investment in gas is increasing. [203379] and Climate Change pursuant to the written statement of 3 July 2014, Official Report, column 61WS, on Michael Fallon: The statement by the Secretary of management of overseas owned plutonium in the UK, State for Energy and Climate Change, the right hon. whether the plutonium from Germany and Sweden Member for Kingston and Surbiton (Mr Davey), referred respectively allocated to the UK civilian stockpile will to the overall level of investment. £45 billion has been be subject to the withdrawal from safeguards option invested in electricity infrastructure since 2010. This under article 14 of the tripartite UK-Euratom-IAEA figure was published in DECC’s ‘Energy Investment Voluntary Safeguards Agreement of 1977. [204041] Report’ April 20141, which also presented information from the ONS Annual Business Survey showing increased Michael Fallon: All civil nuclear material in the UK is annual capital expenditure on electricity, power generation subject to Euratom safeguards and the terms of the and distribution since 2005, with 2012 as the record UK/Euratom/IAEA Voluntary Safeguards Agreement, year to date. including its Article 14. As part of the 1998 Strategic Defence Review, the Government announced that as a Since 2010 six gas plants have commissioned in the matter of policy future withdrawals of nuclear material UK with a further £700 million plant at Carrington from safeguards would be severely limited, and that the under construction. This compares to five gas plants quantities of material involved would be orders of that commissioned from 2005 to 2010. Details of each magnitude less than the amounts used to make nuclear 2 plant are listed in the table . Additionally, energy companies weapons. There is no intention to withdraw from safeguards will have developed and implemented investment plans the plutonium recently allocated to the UK by Germany in relation to their existing fleet of gas plants. and Sweden. Information on nuclear material withdrawn 1 Available at: from safeguards is available on the Office for Nuclear https://www.gov.uk/government/uploads/system/uploads/ Regulation website at: attachment_data/file/305860/ www.onr.org.uk/safeguards/withdrawals.htm DECC_Energy_investment_report_Web_Final.pdf 2 Taken from DUKES Table 5.11: Senior Civil Servants https://www.gov.uk/government/publications/electricity-chapter- 5-digest-of-united-kingdom-energy-statistics-dukes John Woodcock: To ask the Secretary of State for Energy and Climate Change how many senior civil Plant name Capacity (MW) Commission year servants appointed to positions in his Department since 2010 were previously (a) political appointees Carrington 860 Under construction within that Department and (b) employed by a West Burton 1,300 2013 political party. [204323] Pembroke 2,180 2012 Langage 905 2010 Gregory Barker: The Department of Energy and Severn 848 2010 Climate Change (DECC) was created in October 2008. Grain 1,320 2010 Since that date no political appointees who had been Staythorpe C 1,724 2010 working in DECC have subsequently been appointed as Marchwood 842 2009 senior civil servants in DECC. Little Barford GT 17 2006 DECC does hold centrally any electronic records on Coolkeeragh CCGT 408 2005 the previous career history of its employees. To extract Coolkeeragh OCGT 72 2005 that information from paper files would incur Wilton GT2 42 2005 disproportionate costs. 413W Written Answers10 JULY 2014 Written Answers 414W

CULTURE, MEDIA AND SPORT Kemptown constituency, and that 2,965 grants to value of £155,105,953 have been made in the Brighton and Air Travel Hove local authority area.

John Woodcock: To ask the Secretary of State for Telecommunications Culture, Media and Sport on what occasions each Minister within his Department has taken domestic Sir Peter Luff: To ask the Secretary of State for flights on official business since May 2010. [204290] Culture, Media and Sport what assessment Ofcom has made of the reasons for disputes between service Mrs Grant: This information could be provided only providers and Openreach over (a) the provision of at disproportionate cost. telephone and broadband services and (b) the service provided to James and Susan Love of Aldington, Domestic Visits Worcestershire. [203865]

Sheila Gilmore: To ask the Secretary of State for Mr Vaizey: Ofcom has recently completed a review of Culture, Media and Sport pursuant to the answer of 19 Openreach quality of service and has established new June 2014, Official Report, column 665W, on official rules to bring about faster line repairs and installations visits, what domestic visits each of the Ministers of his for telephone and broadband customers. Department has made since January 2013; and what The new regulations which came into effect on 1 July, the purpose of each such visit was. [204376] will ensure that the majority of phone and broadband faults will have to be repaired within two working days, Mrs Grant: This information could be provided only while most customers requiring a new line must receive at disproportionate cost. an appointment within 12 working days. Should Openreach fail to meet the new standards, the company will face Football: Sportsgrounds sanctions from Ofcom, which could include fines. Openreach will also be required to report publicly on its Mr Gregory Campbell: To ask the Secretary of State performance quarterly from October 2014. for Culture, Media and Sport if he will discuss with the Ofcom does not handle individual consumer complaints, Football Association the development of safe standing for which an alternative dispute resolution (ADR) process areas in Premiership Club grounds. [204214] is provided. Mrs Grant: I am happy to discuss this, but the Government remains committed to the all-seater policy. We remain of the belief that all-seater stadiums are the INTERNATIONAL DEVELOPMENT safest and best way for fans to watch football and have brought a more diverse audience to the game in the last Afghanistan 20 years. Lotteries: Brighton Steve McCabe: To ask the Secretary of State for International Development pursuant to the answer of 11 June 2014, Official Report, columns 181-2W, on Simon Kirby: To ask the Secretary of State for Afghanistan, if she will place in the Library all official Culture, Media and Sport if he will estimate how much agreements reached between her Department and money will be raised from society lotteries in (a) USAID on the transfer of the Bost Agripark in 2009. Brighton, Kemptown and (b) Brighton and Hove in [203971] the next 12 months; and if he will make a statement. [203877] Justine Greening: I refer to my previous answer to the hon. Member on 5 September 2013, Official Report, Mrs Grant: Society Lotteries are entirely independent column 461W. of Government (unlike the National Lottery) so detailed figures on society lottery income and distribution are Burma not collected by Government. The Gambling Commission publish data about society lotteries, found at: Rushanara Ali: To ask the Secretary of State for http://www.gamblingcommission.gov.uk/ International Development what recent assessment she gambling_data__analysis/statistics/industry_statistics-1.aspx has made of the humanitarian situation of displaced but this is not broken down geographically. Rohingya Muslims in Burma. [204198]

National Lottery: Brighton Mr Duncan: FCO and DFID staff monitor the humanitarian situation in Rakhine State closely and Simon Kirby: To ask the Secretary of State for visit frequently. While there have been improvements to Culture, Media and Sport if he will estimate the total humanitarian operations following the severe disruptions amount of money awarded to good causes by the caused by attacks on UN and international NGO premises National Lottery in (a) Brighton, Kemptown in March, many vulnerable communities, including the constituency and (b) Brighton and Hove. [203983] Rohingya, remain under-served. The UK is providing bilateral humanitarian support in Rakhine to all Mrs Grant: Data supplied by the National Lottery communities affected by the humanitarian situation distributors shows that 772 grants of Lottery money to there, as well as support through core contributions to the value of £29,292,517 have been made in Brighton multilateral agencies. 415W Written Answers10 JULY 2014 Written Answers 416W

Conflict Pool 24 October 2013-Visit to the DFID office in East Kilbride 20 November 2013-Regional Visit to Brighton and Hastings Mr Jim Murphy: To ask the Secretary of State for 11 February 2014-Regional Visit to Pudsey International Development how much her Department 24 February 2014-Regional Visit to Edinburgh and Regional has spent from the Conflict Pool in each country in Cabinet in Aberdeen each year since its launch. [204161] 1 May 2014-Regional Visit to Birmingham and Warwick Minister of State (Rt Hon Alan Duncan MP) Justine Greening: Full information on Conflict Pool programmes managed by DFID can be found on the 6 March 2014-Regional Visit to Aberdeen online Development Tracker at: 1 May 2014-Visit to the DFID office in East Kilbride and http://devtracker.dfid.gov.uk/ Glasgow 2 May 2014-Regional visit to Edinburgh Developing Countries: Fraud and Corruption Parliamentary Under-Secretary of State (Lynne Featherstone MP) Mr Jim Murphy: To ask the Secretary of State for 4 February 2013-Regional Visit to Winchester International Development how many reports of fraud 10 June 2013-Visit to the DFID office in East Kilbride. or corrupt practices her Department has received (a) in writing and (b) through the development tracker 2 July 2013-Regional Visit to Milton Keynes website in each year since 2010. [204163] 9 October 2013-Regional Visit to Bristol 24 February 2014-Regional Visit to Birmingham and Ruby Justine Greening: Incidents of substantiated fraud 26 February 2014-Visit to the DFID office in East Kilbride are set out in both the Department’s Annual Report 17 March 2014-Visit to the DFID office in East Kilbride and, where appropriate, in the notes of the Annual 29 June 2014-Regional Visit to Edinburgh Accounts.

Disaster Relief Overseas Aid

Mr Jim Murphy: To ask the Secretary of State for Mr Jim Murphy: To ask the Secretary of State for International Development how much her Department International Development whether decisions to award has spent from the Rapid Response Facility in each funding under the Global Poverty Action Fund were country in each year since its launch. [204160] made by the Civil Society Department, Policy and Research Division of her Department or by Triple Line Justine Greening: Full information on funding to the Consulting Ltd. [204162] Rapid Response Facility can be found on the online Development Tracker at: Justine Greening: The Secretary of State has final http://devtracker.dfid.gov.uk/ approval of all GPAF funding decisions. All grants The following amounts have been spent in countries approved by the Secretary of State are subject to satisfactory through the Rapid Response Facility since its launch: completion of pre-grant due diligence.

£ million Triple Line Consulting

Sierra Leone 2 India 2.3 Mr Jim Murphy: To ask the Secretary of State for International Development how much has been paid to Philippines 8 Triple Line Consulting Ltd for the management and South Sudan 6 running of the Global Poverty Action Fund in each Bosnia 0.3 year since 2010. [204159] Iraq 2 Justine Greening: Triple Line Consulting Ltd is the Domestic Visits contracted Fund Manager of the Global Poverty Action Fund. To manage the Global Poverty Action Fund, Sheila Gilmore: To ask the Secretary of State for Triple Line Consulting Ltd has been paid: International Development pursuant to the answer of 19 June 2014, Official Report, column 681W, on official £ million visits, what domestic visits each of the Ministers of her Department has made since January 2013; and what 2010-11 0.2 the purpose of each such visit was. [204375] 2011-12 0.8 2012-13 0.7 Mr Duncan: Since January 2013, DFID Ministers 2013-14 1.3 have made the following domestic visits on official business: West Africa Secretary of State (Rt Hon Justine Greening MP) 17 January 2013-Visit to the DFID office in East Kilbride Mr Gregory Campbell: To ask the Secretary of State 28 January 2013-Regional Cabinet in Leeds for International Development what additional 20 May 2013-Regional Visit to Watford support she is providing to authorities in West Africa 27 June 2013-Regional Visit to Dartford to help them with the recent ebola outbreak. [204215] 417W Written Answers10 JULY 2014 Written Answers 418W

Lynne Featherstone: To date, the UK Government Graham Stringer: To ask the Secretary of State for has contributed £897,000 to the Ebola Virus Disease Transport if he will make it a condition of the Bus response in Sierra Leone and Liberia through multilateral Service Operators Grant incentive for real time information partners and the DFID bilateral programme. In addition, equipment that the performance data generated should DFID is finalizing arrangements to send out three be made available to the traffic commissioners. [204207] Public Health England disease control specialists to Sierra Leone to support the response. We are working with the World Health Organisation (WHO) and national Stephen Hammond: In July 2013, we announced a government agencies to closely monitor the situation package of reforms to the Bus Service Operator Grant and help guide any additional response by DFID in-country (BSOG) system following consultation. At this time, we and in the region. announced that the BSOG incentives would be maintained until 2014 when we would review the remaining parts of the bus subsidy system. As part of this commitment, we are now undertaking work to consider reforms to the TRANSPORT incentive grants and will consider the conditions related to these. Airports: Economic and Social Benefits

12. Grahame M. Morris: To ask the Secretary of Graham Stringer: To ask the Secretary of State for State for Transport what assessment he has made of Transport how many local transport authorities achieve the economic and social contribution of airports to (a) the bus punctuality targets set by the Senior Traffic the Exchequer and (b) the local communities they Commissioners. [204210] serve; and if he will make a statement. [904764] Stephen Hammond: Local transport authorities are Mr Goodwill: The aviation policy framework that the not set bus punctuality targets by the Senior Traffic Government published last year recognises the very Commissioner. The Traffic Commissioners’ “Practice important role airports across the UK play in providing Direction: Standards for Local Bus Services” outlines domestic and international connections and their vital the standards which bus operators are expected to contribution to the growth of regional economies. Only adhere to. The Traffic Commissioners, as statutory last month the Airport Operators Association published regulators of the bus industry, have the powers to take 13 case studies illustrating this—with Newcastle taking action against operators who fail to operate according centre stage. to the registered details. Greg Mulholland: To ask the Secretary of State for Transport what recent assessment he has made of the economic and social contribution of airports to (a) the Bus Services: Cornwall public purse and (b) local communities. [204033]

Mr Goodwill: I refer the hon. Member to my answer Sarah Newton: To ask the Secretary of State for of 7 July 2014, Official Report, column 159W, to my Transport what funding has been allocated to support hon. Friend the Member for Redditch (Karen Lumley). rural bus routes in Cornwall in (a) 2013-14 and (b) 2014-15. [204153] Bus Services Stephen Hammond: It is for individual local authorities Graham Stringer: To ask the Secretary of State for to determine how much of the block grant funding they Transport how many public inquiries into bus receive is allocated to supporting bus services. Local performance were undertaken by each traffic authorities in England outside London spend over £340 commissioner in England and Wales in each of the last million in direct subsidy to bus services in this way. The five years. [204152] latest out-turn figures, for 2012-13, show that Cornwall county council has an annual budget of £5.2 million for Stephen Hammond: The following table shows the this purpose. number of public inquiries heard against operators of local bus services in the last five years in England and The Department also provides direct support to bus Wales. services each year through Bus Service Operators Grant (BSOG). Details of BSOG funding paid to bus operators Traffic area 2009-10 2010-11 2011-12 2012-13 2012-14 in the last three financial years is available online. It is not possible to provide this data broken down by region. North East 11000 England The data are available at: North West 10410https://www.gov.uk/government/publications/bus-service- England operators-grant-payments-to-english-operators-up-to-31-march- West 221332013 Midlands Wales115205Following changes to BSOG announced in 2013, the West of 76401BSOG previously paid to operators in respect of local England authority supported bus services has now been devolved East of 10205to authorities. Cornwall county council recently received England £191,280 covering the period 1 January to 31 March London and 27200 SE England 2014 and a further £765,118 covering the 2014-15 financial year. 419W Written Answers10 JULY 2014 Written Answers 420W

High Speed 2 Railway Line Blight notices served by postcode and constituency at 12 July 2014 Postcode Constituency Number

Mrs Gillan: To ask the Secretary of State for Transport CV8 Kenilworth and 16 how much was paid to PwC for its report, Analysis and Southam advisory work on a potential property bond scheme for WS13 Lichfield 5 property owners affected by plans for HS2 dated March WS14 Lichfield 5 2014 and published by HS2 Ltd as part of the response WS15 Lichfield 1 to the 2013 consultation on compensation. [203647] B92 Meriden 9 CV7 Meriden 3 Mr Goodwill: The Department for Transport reimbursed B46 North Warwickshire 62 HS2 Ltd £311,238 for work commissioned on its behalf B76 North Warwickshire 3 from PwC on the property bond proposed in the 2013 B78 North Warwickshire 1 compensation consultation. UB9 Ruislip, Northwood 2 and Pinner NN11 South 1 Mrs Gillan: To ask the Secretary of State for Transport Northamptonshire when discussions were held between PwC and the Law NN13 South 3 Society, Royal Institute of Chartered Surveyors, Council Northamptonshire for Mortgages Lenders, National Association of Estate OX17 South 3 Agents and the Valuation Office Agency on the property Northamptonshire bond prior to publication of the report, Analysis and B78 Tamworth 4 advisory work on a potential property bond scheme for WS14 Tamworth 15 property owners affected by plans for HS2 dated March HA4 Uxbridge and South 1 2014 and published by HS2 Ltd as part of the response Ruislip Total — 209 to the 2013 consultation on compensation. [203648] Blight notices accepted by postcode and constituency at 12 July 2014 Mr Goodwill: Discussions between PWC and the Postcode Constituency Number aforementioned parties regarding the property bond proposed in the 2013 property compensation consultation HP22 Aylesbury 6 took place on the following dates: MK18 Banbury 4 HP22 Buckingham 3 The Law Society—20 January 2014 MK18 Buckingham 4 The Royal Institute of Chartered Surveyors—16 January 2014 NN13 Buckingham 2 The Council of Mortgage Lenders—3 January 2014 and 13 January HP16 Chesham and Amersham 9 2014 HP6 Chesham and Amersham 1 National Association of Estate Agents—7 January 2014 and NW1 Holborn and St Pancras 8 31 January 2014 CV8 Kenilworth and Southam 12 Valuation Office Agency—27 January 2014 and 29 January 2014. CV47 Kenilworth and Southam 1 WS13 Lichfield 5 Mrs Gillan: To ask the Secretary of State for WS14 Lichfield 3 Transport how many blight notices have been (a) WS15 Lichfield 1 served on HS2 Ltd and (b) accepted in each affected B92 Meriden 2 postcode and constituency. [203649] CV7 Meriden 3 B46 North Warwickshire 24 Mr Goodwill: The number of blight notices which B76 North Warwickshire 3 have been (a) served on HS2 Ltd and (b) accepted in B78 North Warwickshire 1 each affected postcode and constituency are indicated OX17 South Northamptonshire 3 in the following tables. NN13 South Northamptonshire 2 Blight notices served by postcode and constituency at 12 July 2014 B78 Tamworth 3 Postcode Constituency Number WS14 Tamworth 11 Total — 111 HP22 Aylesbury 16 MK18 Banbury 6 B7 Birmingham, 1 Mrs Gillan: To ask the Secretary of State for Ladywood Transport how many early access agreements have been HP17 Buckingham 3 issued in the High Speed 2 (Phase 1) process in each HP18 Buckingham 1 affected postcode and constituency since February HP22 Buckingham 4 2014. [203650] MK18 Buckingham 5 NN13 Buckingham 4 Mr Goodwill: As part of the ongoing environment HP16 Chesham and 12 mitigation programme, further ecology and watercourse Amersham surveys have been undertaken in 2014. Additional sites HP6 Chesham and 1 Amersham have also been approached for noise monitoring. NW3 Hampstead and 1 February 2014 was a preparatory phase and HS2 Ltd Kilburn began issuing requests in March 2014. A total of 525 NW1 Holborn and St 19 requests were issued between March and June 2014, of Pancras which 390 were approved for access by the end of June. CV47 Kenilworth and 2 Southam This figure has been disaggregated to parliamentary constituency and postcode district as requested. 421W Written Answers10 JULY 2014 Written Answers 422W

Number of Number of requests for requests for early access early access Parliamentary constituency Postcode agreements Parliamentary constituency Postcode agreements

Aylesbury HP17/HP21 1 Chesham and Amersham HP16 9 Aylesbury HP21/HP22 1 Chesham and Amersham HP7 4 Aylesbury HP22 21 Chesham and Amersham HP7/HP8 2 Aylesbury/Buckingham HP17 1 Chesham and Amersham HP8 3 Aylesbury/Buckingham HP17/HP19 2 Chesham and Amersham SL9/WD3 1 Aylesbury/Buckingham HP17/HP19/HP21 1 Chesham and Amersham/ SL9 2 Aylesbury/Buckingham HP17/HP21 1 South West Hertfordshire Aylesbury/Buckingham HP17/HP21/HP22 1 Chesham and Amersham/ SL9 3 Aylesbury/Buckingham HP17/HP22 4 South West Hertfordshire Aylesbury/Buckingham HP18/HP19 1 Chesham and Amersham/ WD3 1 South West Hertfordshire Aylesbury/Buckingham HP18/HP22 1 Coventry South Boro/ CV4/ 3 Aylesbury/Buckingham HP21 1 Kenilworth and Southam Aylesbury/Buckingham HP22 4 Ealing Central and Acton NW10 40 Aylesbury/Buckingham HP22/MK18 1 Ealing Central and Acton/ UB6/W5 1 Aylesbury/Buckingham/ HP17/HP21/HP22/HP18/ 1 Ealing North Chesham and Amersham MK18/HP6/HP7 Ealing North UB5 9 Aylesbury/Chesham and HP16 1 Amersham Ealing North UB6/W5 1 Aylesbury/Chesham and HP16/HP22 2 Holborn and St Pancras NW1 9 Amersham Kenilworth and Southam/ CV4/CV7/CV8 1 Banbury CV47/OX17 1 Meriden Banbury MK18 4 Kenilworth and Southam CV8/CV32/CV47/OX17/ 63 Banbury MK18/NN13 2 CV3/CV4/CV33/NN11 Banbury NN13 1 Kenilworth and Southam/ CV8/WS13/B76 1 Lichfield/North Banbury/Buckingham MK18 2 Warwickshire Banbury/Buckingham MK18/OX27 4 Lichfield WS13/WS14/WS15/DE13 47 Banbury/Buckingham/ NN13 2 Lichfield/Tamworth WS14 1 South Northamptonshire Meriden B92 13 Banbury/South MK18/NN13 1 Northamptonshire Meriden B92/CV7 8 Banbury/South NN11 1 Meriden CV7 23 Northamptonshire Meriden CV8/B37 1 Banbury/South OX17 1 Meriden B37/B40 1 Northamptonshire Beaconsfield UB9 1 Meriden/ North B37/B46/CV7 1 Warwickshire Beaconsfield UB9/WD3 1 Meriden/North Warwicks CV7 3 Beaconsfield/Chesham and UB9/WD3 1 Amersham/South West Meriden/North Warwicks CV7/B92 2 Hertfordshire Meriden/North Warwicks/ CV7/B36/B37/B46/B92 1 Beaconsfield/Chesham and WD3 1 Sutton Coldfield Amersham/South West North Warwickshire B78/B46/B37/B78 38 Hertfordshire Beaconsfield/Ruislip, UB9 2 North Warwickshire/ B78 1 Northwood and Pinner Tamworth Beaconsfield/Ruislip, UB9/WD3 1 Ruislip, Northwood and HA4/UB9 1 Northwood and Pinner/ Pinner South West Hertfordshire Ruislip, Northwood and UB10 6 Birmingham Erdington B35 1 Pinner Brent Central HA9 1 Ruislip, Northwood and UB9 5 Pinner Brent Central NW10 4 Ruislip, Northwood and UB9 2 Brent North HA0 1 Pinner Buckingham HP17 4 Ruislip, Northwood and UB9/WD3 1 Buckingham HP17/HP22 4 Pinner/South West Buckingham HP18 3 Hertfordshire Buckingham HP18/HP22 7 South Northamptonshire CV47 1 Buckingham HP18/HP22/MK18 1 South Northamptonshire CV47 1 /Tamworth Buckingham HP18/MK18/OX27 2 South Northamptonshire NN11 6 Buckingham HP22 9 Buckingham HP22/MK18 1 South Northamptonshire NN11/OX17 3 Buckingham MK18 33 South Northamptonshire NN13 16 Buckingham MK18/OX27 1 South Northamptonshire NN13/OX17 6 Buckingham NN13 4 South Northamptonshire OX17 14 Buckingham/Chesham and HP22/WD3 1 South West Hertfordshire UB9/WD3 1 Amersham South West Hertfordshire WD3 4 Buckingham/South NN13 4 Tamworth WS14/B75/B78/B75 13 Northamptonshire 423W Written Answers10 JULY 2014 Written Answers 424W

Mrs Gillan: To ask the Secretary of State for Transport Mrs Gillan: To ask the Secretary of State for Transport how many requests for additional land have been served when the development plans for Euston in the High in each affected postcode and constituency by HS2 Ltd Speed 2 (Phase 1) Hybrid Bill will be announced; and which require additional provision to the High Speed when the environmental statement consultation will be Rail (London-West Midlands) Bill to be deposited since held. [203658] February 2014. [203651] Mr Goodwill: Following the Higgins report in March Mr Goodwill: No requests for additional land have this year, I asked HS2 Ltd and Network Rail to develop been made. more comprehensive proposals for the redevelopment of Euston, working with the rail industry and the local Mrs Gillan: To ask the Secretary of State for Transport community. If a proposal can be developed that improves what agricultural land in each affected postcode area on that contained in the hybrid Bill, I will bring it and constituency has been purchased by HS2 Ltd in forward as an amendment to the Bill in due course. A safeguarded areas on the route of Phase 1 or Phase 2 of consultation on any supplementary environmental High Speed 2. [203652] information accompanying the proposal would follow in accordance with the Standing Orders of this House. Mr Goodwill: HS2 Ltd has acquired one agricultural holding to date, Oaks Farm, Banbury Road, Finmere Motor Vehicles: Registration Bucks, MK18 4AJ in the constituency of Banbury. The land required for Phase 2 of HS2 has not yet been safeguarded. Andrew Stephenson: To ask the Secretary of State for Transport what recent progress his Department has made on the pilot of a new enforcement process for Mrs Gillan: To ask the Secretary of State for foreign-registered vehicles that have overstayed. [904754] Transport what discussions (a) Ministers in his Department and (b) representatives of High Speed 2 have had with the World Health Organisation on noise Stephen Hammond: After a successful initial six-week and High Speed 2. [203655] period, the pilot of a new enforcement process has been extended to August. There has been very positive feedback Mr Goodwill: World Health Organisation (WHO) from the police forces involved. The Driver and Vehicle guidance on noise is freely and publicly available and Licensing Agency is continuing to work with the police has been used by HS2 Ltd to help inform their noise to develop a more effective approach for dealing with assessment and mitigation. The HS2 Acoustic Review foreign registered vehicles that have overstayed. Group, which has informed HS2 Ltd’s noise assessment, also includes a member that is an adviser to the WHO Railway Stations: Somerset on its noise guidelines. As a result neither Ministers nor HS2 Ltd officials have discussed noise directly with WHO. Mr Heath: To ask the Secretary of State for Transport what recent representations he has received Mrs Gillan: To ask the Secretary of State for Transport from Somerset county council on the reopening of whether the High Speed 2 Select Committee will have railway stations in Somerset. [203864] sight of the Major Project Authority’s reports on High Speed 2 before it begins to hear petitions. [203656] Stephen Hammond: We are not aware of any new station propositions from Somerset county council. Mr Goodwill: The role of the Select Committee is to hear petitions from those directly and specially affected by HS2 Phase One and consider, in the light of this and Railways the case put forward by the promoter, whether any changes are required to the scheme. MPA reports are Mr Ward: To ask the Secretary of State for Transport confidential and are an assessment of the overall readiness whether Bradford will be included in any future northern of the project for delivery. The Government has no high speed rail line across the Pennines. [204158] plans to provide the reports to the Select Committee as they are not related to its role in hearing petitions. Mr Goodwill: The plans are at an early stage. The Government has asked Sir David Higgins to produce a Mrs Gillan: To ask the Secretary of State for plan for bringing the benefits of high speed rail to the Transport whether the Government plans to respond North more quickly, as well as initial proposals for further to the recommendations of the 138th Report of faster east-west connections—including options on route, the Environmental Audit Committee, Session 2012-13, timescales and cost, and to deliver it in the autumn. HC 1076, on HS2 and the Environment, so as to ensure This will start the process by which we can have a that the Hybrid Bill process delivers the requirements proper debate about the future of rail connectivity in of the Environment Impact Assessment Directive. the north. [203657]

Mr Goodwill: As was made clear in the recent Supreme Railways: Brighton Court judgment, the hybrid Bill process is compliant with the EIA Directive and meets its requirements. The Simon Kirby: To ask the Secretary of State for Transport Government has published its response to the what recent representations he has received from groups Environmental Audit Committee report on HS2 and supporting the development of the Brighton Mainline the Environment and has no plans to respond further. 2; and if he will make a statement. [203588] 425W Written Answers10 JULY 2014 Written Answers 426W

Stephen Hammond: In recent years the Department Stephen Hammond: Fares revenue is crucial to funding has received numerous and varied representations on day-to-day railway operations and the massive upgrade different elements of wide ranging proposals, collectively programme we are delivering. However, I recognise known as “Brighton Main Line 2”. This has included concerns passengers have about impacts of fares on individual stakeholders, local and national interest groups, household budgets, which is why for the first time in a as well as several hon. and right hon. Members. In decade average regulated rail fares have been capped at response, the Government commissioned Network Rail inflation for 2014. to undertake a capacity study of rail services between No decision has yet been taken on rail fares for 2015 London and the Sussex coast, the findings of which can onwards. be found at: https://www.gov.uk/government/publications/brighton-main- Railways: Freight line-emerging-capacity-strategy-for-control-period-6 The Network Rail study found that short to medium- term investments along the BML should be focused on Kelvin Hopkins: To ask the Secretary of State for improving existing infrastructure. Transport what proportion of Britain’s rail track mileage is capable of accommodating full-sized lorry Simon Kirby: To ask the Secretary of State for trailers on trains. [904750] Transport what improvements to Coastway East and the Brighton-Ashford Line have been proposed in the Stephen Hammond: Since 2007 the Government has TSGN franchise to improve services between Brighton invested around £500 million specifically in improvements and Ashford International; and if he will make a to rail freight infrastructure, and we have committed a statement. [203869] further £200 million over the next five years. The amount of freight moved on our railways has almost doubled Stephen Hammond: The new TSGN franchise will since 1994. begin 14 September this year (2014) and is vital to the The only railway infrastructure in Britain that can delivery of the Government’s multi-billion pound accommodate lorry trailers on trains is HS1 between investment in rail services in the South East of England the Channel Tunnel and Barking, which can carry the through the Thameslink programme. The franchisee standard international 4 metre semi-trailer. It represents will have to meet stretching targets for performance and 0.75% of Britain’s rail route mileage. customer satisfaction, which are linked to financial Around 80% of the UK domestic semi-trailer fleet incentives. has a height of 4.25 metres or greater. These cannot be A number of improvements have been secured in the accommodated on trains in Britain. contract, including for passengers on the East Coastway Line. The route will see improvements in services from Railways: Plymouth December 2015 when new timetables are planned. These will reduce journey times between Hastings/Eastbourne/ Lewes and central London on some off-peak services by Oliver Colvile: To ask the Secretary of State for about 5 minutes. Transport what progress his Department has made on a second railway line to connect Plymouth with Passengers will also benefit from the retention of London and the Midlands. [904748] through services between Brighton and Ashford International and the retention of staffing from the first Stephen Hammond: It is for the south west local train in the morning to the last train at night at all authorities and the local enterprise partnership to continue stations where it is currently available. This first to last to stress the importance of additional rail route to staffing will be extended to four further stations (Bexhill, connect Plymouth to London and the Midlands. Falmer, Portslade, Shoreham-on-Sea) during the new contract. However, I would like to emphasise that a long term resilient rail route to Plymouth and far south-west is a Railways: Construction priority for this Government. Network Rail is reviewing measures of improvement in a number of key locations on the Western Route. Jonathan Edwards: To ask the Secretary of State for Transport what plans the Government has for further high-speed rail developments. [904766] Road Traffic Control

Mr Goodwill: The Government’s goal for high speed Jeremy Lefroy: To ask the Secretary of State for rail is for a truly national network that will bring the Transport what plans he has to relieve congestion on UK and its cities closer together. We are clear that the roads. [904749] benefits of high speed rail should extend as widely as possible, and we will continue to explore options for Mr Goodwill: Road investment is central to our long-term future links to achieve this. economic plan. We are spending more than £24 billion on strategic roads between 2010 and 2021. A further Railways: Fares £7.4 billion will be spent on local roads in the next Parliament, together with £1.5 billion funding from the Simon Kirby: To ask the Secretary of State for Local Growth Fund announced on Monday. This will Transport if it is his policy to retain the capping of rail bring forward much needed schemes, like the Stafford fares at the rate of RPI + 1, beyond 2015; and if he will Western Access route, which are designed to relieve make a statement. [203880] congestion and open up growth across the country. 427W Written Answers10 JULY 2014 Written Answers 428W

Road Traffic Control: Hampshire The Government is working on a range of measures to continue to improve road safety including introducing Caroline Dinenage: To ask the Secretary of State for a new drug driving offence, cycle proofing roads, and Transport what plans he has to relieve congestion on removing the “statutory option” to ensure more drink drivers are brought to justice. roads in Hampshire. [904753] Transport: East Midlands Mr Goodwill: On Monday of this week we published the Local Enterprise Partnership (LEP) Growth Deals, Andrew Bingham: To ask the Secretary of State for including both deals which cover Hampshire; Solent Transport what assessment he has made of the LEP and EM3 LEP. contribution of High Speed 2 to transport connectivity Working with the Solent LEP, Government has agreed between communities in the East Midlands. [203540] to fund two schemes to relieve congestion on the Gosport peninsula. Mr Goodwill: Under the proposed HS2 scheme, the The Gosport Road and A27 improvement scheme station in the East Midlands will be separated by journeys and The Peel Common Roundabout Improvement scheme, to Birmingham and Sheffield by less than 20 minutes a pinch point on the local road network near the each. Fast and frequent shuttle services could connect Enterprise Zone, Daedalus. Nottingham and Derby with the East Midlands Hub station with a journey time of just 12 minutes from While Stubbington Bypass and the Newgate Lane Nottingham and 15 minutes from Derby. South schemes were not allocated funding in the deal directly, there is a commitment for the Government and Sir David Higgins’ report, HS2 Plus, was published the LEP to negotiate in 2014 a further phase of on 17 March. Government welcomes Sir David’s co-investment to deliver strategic infrastructure to support recommendation that Phase Two should be considered the development of network capacity to and from the holistically and integrated with classic rail investment. Gosport peninsula—including Stubbington Bypass. In order to deliver better connectivity we have now asked HS2 Ltd and Network Rail to explore a process Working with the EM3 LEP, Government has agreed for integrated development of Network Rail’s plans to fund three schemes to relieve congestion around with decisions on Phase Two of HS2. This will form Basingstoke: Basingstoke Northern Corridor to Growth part of Sir David Higgins’ report in the autumn. A33; Basingstoke North Eastern Corridor A340 partial dualling; and the Basingstoke South Western Corridor Transport: Warrington scheme. All of these schemes will reduce current congestion levels and help mitigate future congestion from new Helen Jones: To ask the Secretary of State for housing and business sites. Transport how much transport grant was given to The Whitehill/Bordon Relief road will remove the Warrington Borough Council in each year since severance caused by the A325 and improve traffic flows 2008-09. [204149] through the towns to reduce congestion. EM3 have also been allocated £20.7 million, with Mr Goodwill: The following funding for transport £4.3 million in the first year for a transport fund which has been given to Warrington Borough Council in each will comprise sustainable transport schemes to alleviate year since 2008-09: congestion in the identified growth and step up towns within the LEP area. £ million Integrated Maintenance Transport Block Block Other Roads: Accidents 2008-09 2.276 2.949 — 2009-10 2.419 3.163 — Mrs Hodgson: To ask the Secretary of State for 2010-11 1.921 3.299 — Transport what assessment he has made of recent 2011-121 1.626 3.346 — trends in reported road casualties. [904767] 2012-13 1.487 3.250 — 2013-142 1.487 3.866 — Mr Goodwill: The figures for 2013 show the lowest 2014-152 2.091 3.243 — number of road deaths since records began. 2010-113 — — 0.260 3 The Government is working on a range of measures March 2011 — — 0.555 4 to continue to improve road safety including introducing March 2014 — — 0.313 3 a new drug driving offence, cycle proofing roads, and 2014-15 — — 0.398 1 Includes the top up announced in the 2011 autumn statement. removing the “statutory option” to ensure more drink 2 Includes the top up announced in the 2012 autumn statement. drivers are brought to justice. 3 Pothole fund. 4 Severe Weather Funding. Roads: Safety In addition Warrington Borough Council has received £4.650 million of funding for the Warrington Sustainable Travel Triangle, a Local Sustainable Transport Fund Rehman Chishti: To ask the Secretary of State for scheme which is designed to connect expanding residential Transport what assessment he has made of recent and employment areas in north-east and north-west trends in road safety statistics. [904765] Warrington with the town centre through the provision of a new direct bus service and new and improved cycle Mr Goodwill: The figures for 2013 show the lowest routes, cycle hire, and promotion to meet the travel number of road deaths since records began. needs of shift and isolated workers. 429W Written Answers10 JULY 2014 Written Answers 430W

Warrington will also benefit from another LSTF class following the award of the west coast main line scheme overseen by St Helens Council—the Mid-Mersey franchise to Virgin Trains. [203653] Sustainable Cross Boundary Links (£3.120 million). On 7 July the Government also announced a Growth Stephen Hammond: An additional 5,500 standard Deal with Cheshire and Warrington Local Enterprise class seats will be provided per day on the west coast Partnership. This included £87.34 million for potential main line. transport projects from 2015-16 onwards including the Omega Birchwood transport improvements; West Mrs Gillan: To ask the Secretary of State for Transport Warrington, Omega, M62 Junction 8; and Warrington whether the additional capacity created by Virgin Trains Waterfront/Swing bridge. Further details can be found converting one first class carriage to standard class on at: West Coast Mainline was factored into the HS2 business https://www.gov.uk/government/collections/local-growth-deals case issued in October 2013. [203654] West Coast Railway Line Mr Goodwill: The Strategic Case for HS2, published in October 2013 considers conversion of first class Mrs Gillan: To ask the Secretary of State for carriages into standard class as an alternative to HS2. Transport how many additional seats his Department More details can be found at: expects will be created on the west coast main line by https://www.gov.uk/government/publications/rail-alternatives- the conversion of one first class carriage to standard to-hs2

5MC Ministerial Corrections10 JULY 2014 Ministerial Corrections 6MC

England alone in 2013-14. That was a record performance. Ministerial Correction I do not have the percentage return but the targets for this year will require the register to increase that performance Thursday 10 July 2014 by at least 25%. [Official Report, Seventh Delegated Legislation Committee, 9 July 2014, c. 11.] EDUCATION Letter of correction from Edward Timpson: Draft Adoption and Children Act Register (Search and An error has been identified in a statement I made Inspection) (Pilot) Regulations 2014 during the Seventh Delegated Legislation Committee meeting on 9 July 2014. The following is an extract from the speech made by the Under-Secretary of State for Education, the hon. Member The correct statement is as follows: for Crewe and Nantwich (Mr Timpson), at the Seventh Delegated Legislation Committee meeting on the Draft Mr Timpson: The hon. Member for Sheffield, Heeley Adoption and Children Act Register (Search and Inspection) asked about register performance. I may not have the (Pilot) Regulations 2014. data at the granular level that she requires today, but I can tell her that the register contributed 389 matches in Mr Timpson: The hon. Member for Sheffield, Heeley England alone in 2013-14. That was a record performance. asked about register performance. I may not have the I do not have the percentage return but the targets for data at the granular level that she requires today, but I this year will require the register to increase that performance can tell her that the register contributed 353 matches in by at least 23%.

ORAL ANSWERS

Thursday 10 July 2014

Col. No. Col. No. HOUSE OF COMMONS COMMISSION...... 437 TRANSPORT—continued Clerk of the House and Chief Executive...... 439 Caledonian Sleeper Service ...... 424 Parliamentary ICT...... 437 Congestion (Roads)...... 419 High Speed 2 (Wigan) ...... 428 LEADER OF THE HOUSE ...... 438 High-speed Rail (Kent) ...... 421 House Business Committee...... 438 Offshore Oil and Gas (Helicopter Safety) ...... 430 Select Committee Reports...... 440 Regional Airports ...... 422 Statements ...... 434 Rolling Stock (North of England) ...... 425 TRANSPORT ...... 419 Topical Questions ...... 431 A417-A419 (Gloucestershire)...... 429 WRITTEN STATEMENTS

Thursday 10 July 2014

Col. No. Col. No. BUSINESS, INNOVATION AND SKILLS ...... 21WS HEALTH...... 33WS National Physical Laboratory ...... 21WS Gosport War Memorial Hospital (Deaths) ...... 33WS

COMMUNITIES AND LOCAL GOVERNMENT.. 24WS Neighbourhood Planning ...... 24WS HOME DEPARTMENT...... 33WS New Homes (Change of Use) ...... 25WS Immigration Rules ...... 36WS National Crime Agency Remuneration Review CULTURE, MEDIA AND SPORT ...... 26WS Body ...... 33WS First World War Centenary Cathedral Repairs Scientific Procedures on Living Animals...... 34WS Fund ...... 26WS

DEFENCE...... 28WS TREASURY ...... 21WS Defence and National Rehabilitation Centre...... 28WS Customs Infringements and Sanctions (EU Legal Framework) ...... 24WS FOREIGN AND COMMONWEALTH OFFICE..... 30WS Financial Conduct Authority...... 21WS Diplomatic Academy ...... 30WS Financial Ombudsman Service...... 24WS FCO Programme Spending 2014-15...... 31WS Fiscal Sustainability Report ...... 22WS Hong Kong (Sino/British Joint Declaration)...... 33WS Land Registry ...... 23WS WRITTEN ANSWERS

Thursday 10 July 2014

Col. No. Col. No. ATTORNEY-GENERAL ...... 351W COMMUNITIES AND LOCAL GOVERNMENT.. 401W Credit: Interest Rates ...... 351W Accommodation Agencies ...... 401W Prosecutions...... 352W Apprentices...... 402W Rape: Convictions...... 352W Council Tax ...... 402W Young Offenders ...... 351W Emergency Services: Crimes of Violence...... 403W Empty Property ...... 403W BUSINESS, INNOVATION AND SKILLS ...... 362W Energy...... 403W Apprentices...... 362W Fire Services: Pensions ...... 404W British Business Bank ...... 363W Fixed Penalties...... 404W Exports ...... 363W Floods...... 406W Exports: Brighton ...... 363W Homelessness...... 406W Healthcare UK ...... 364W Housing ...... 407W New Businesses: East Sussex...... 365W Housing: Construction...... 407W Local Government: Tower Hamlets ...... 407W Parking Offences: CCTV...... 408W CABINET OFFICE...... 360W Policy ...... 408W Air Travel...... 360W Civil Servants: Codes of Practice ...... 360W Civil Servants: Pay ...... 361W CULTURE, MEDIA AND SPORT...... 413W Debts ...... 361W Air Travel...... 413W Electronic Government ...... 361W Domestic Visits ...... 413W Freedom of Information ...... 362W Football: Sportsgrounds ...... 413W Recruitment: Northern Ireland Office...... 362W Lotteries: Brighton...... 413W Senior Civil Servants...... 362W National Lottery: Brighton...... 413W Col. No. Col. No. CULTURE, MEDIA AND SPORT—continued HEALTH—continued Telecommunications ...... 414W Housing: Health...... 371W Liver Diseases ...... 372W DEFENCE...... 353W Lung Diseases...... 373W Armed Forces: Cadets...... 353W Obesity...... 374W Armed Forces: Health Services ...... 353W Osteoporosis ...... 374W Armed Forces: Redundancy Pay ...... 354W Social Services...... 375W Burma...... 354W Telemedicine ...... 376W C17 Aircraft...... 355W Civil Servants: Codes of Practice ...... 355W HOME DEPARTMENT...... 390W Documents...... 355W ICT ...... 390W Joint Strike Fighter Aircraft...... 356W Terrorism ...... 390W Military Aircraft ...... 356W Military Aircraft: Helicopters ...... 356W INTERNATIONAL DEVELOPMENT...... 414W Military Bases: Yorkshire and the Humber ...... 357W Afghanistan ...... 414W NATO...... 357W Burma...... 414W Nuclear Weapons...... 358W Conflict Pool...... 415W Sovereignty: Scotland...... 358W Developing Countries: Fraud and Corruption ...... 415W Tornado Aircraft...... 359W Disaster Relief...... 415W Tritium...... 359W Domestic Visits ...... 415W Unmanned Air Vehicles ...... 359W Overseas Aid...... 416W Triple Line Consulting ...... 416W DEPUTY PRIME MINISTER ...... 396W West Africa ...... 416W Local Enterprise Partnerships...... 396W JUSTICE...... 376W EDUCATION...... 391W Community Rehabilitation Companies ...... 376W Academies...... 391W Court of Appeal: Television...... 377W Basic Skills: South East...... 391W Courts: Children ...... 377W Education: Warrington ...... 392W Criminal Injuries Compensation ...... 377W Pupils: Disadvantaged...... 395W Drugs: Nottinghamshire ...... 378W Schools: Finance...... 395W Fixed Penalties...... 378W Schools: Uniforms ...... 395W Legal Profession: Regulation...... 379W Sixth Form Education...... 396W Prisoners: Repatriation ...... 379W Prisoners: Suicide...... 380W ELECTORAL COMMISSION COMMITTEE ...... 398W Probation: Ashfield...... 380W Elections: Fraud...... 398W Sentencing...... 380W Electoral Register...... 399W Sexual Offences...... 383W Voting Behaviour ...... 401W Young Offenders ...... 383W

ENERGY AND CLIMATE CHANGE ...... 410W LEADER OF THE HOUSE ...... 398W Fracking...... 410W Ministers: Disclosure of Information...... 398W Natural Gas ...... 411W Private Members’ Bills ...... 398W Oil: Exploration ...... 412W Plutonium ...... 412W NORTHERN IRELAND ...... 410W Senior Civil Servants...... 412W Healthcare UK ...... 410W Members: Correspondence ...... 410W ENVIRONMENT, FOOD AND RURAL AFFAIRS...... 386W SCOTLAND...... 396W Air Travel...... 386W Civil Servants: Codes of Practice ...... 396W Fixed Penalties...... 386W Commonwealth Games 2014 ...... 397W Nature Conservation...... 387W Domestic Visits ...... 397W Shipping: Exhaust Emissions ...... 387W TRANSPORT ...... 417W FOREIGN AND COMMONWEALTH OFFICE .... 345W Airports: Economic and Social Benefits...... 417W Africa...... 345W Bus Services ...... 417W Burma...... 345W Bus Services: Cornwall...... 418W Nuclear Disarmament...... 346W High Speed 2 Railway Line ...... 419W Somalia...... 346W Motor Vehicles: Registration...... 424W Yemen ...... 346W Railway Stations: Somerset ...... 424W Railways...... 424W HEALTH...... 365W Railways: Brighton...... 424W Abortion ...... 365W Railways: Construction...... 425W Aphasia...... 366W Railways: Fares ...... 425W Arthritis ...... 366W Railways: Freight ...... 426W Cancer ...... 366W Railways: Plymouth ...... 426W Christie NHS Foundation Trust...... 367W Road Traffic Control...... 426W Dementia ...... 369W Road Traffic Control: Hampshire ...... 427W Emergency Services...... 369W Roads: Accidents ...... 427W General Practitioners ...... 370W Roads: Safety ...... 427W Health: Business...... 370W Transport: East Midlands ...... 428W Hospitals: Waiting Lists...... 370W Transport: Warrington...... 428W Col. No. Col. No. TRANSPORT—continued WOMEN AND EQUALITIES—continued West Coast Railway Line ...... 429W Economic Situation: Females...... 409W Mental Health Services: LGBT People ...... 409W TREASURY ...... 387W WORK AND PENSIONS ...... 347W Civil Servants: Codes of Practice ...... 387W Access to Work Programme ...... 347W Corporation Tax: Kent...... 388W Employment and Support Allowance ...... 347W Credit: Interest Rates ...... 388W Independent Living Fund ...... 347W Derelict Land: Taxation ...... 388W National Employment Savings Trust Scheme...... 348W Mapeley ...... 389W Poverty: Warrington...... 348W Minimum Wage: Scotland...... 389W Remploy...... 348W Revenue and Customs...... 389W Social Security Benefits...... 350W Social Security Benefits: Tower Hamlets ...... 349W WOMEN AND EQUALITIES...... 409W Training ...... 350W Domestic Visits ...... 409W Winter Fuel Payments: Warrington...... 351W MINISTERIAL CORRECTION

Thursday 10 July 2014

Col. No. EDUCATION...... 5MC Draft Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014 ...... 5MC 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 Thursday 17 July 2014

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PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords, £4. Annual subscriptions: Commons, £865; Lords, £600. LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £105; Lords, £60 (£100 for a two-volume edition). Standing orders will be accepted. THE INDEX to each Bound Volumeof House of Commons Debates is published separately at £9·00 and can be supplied to standing order. All prices are inclusive of postage Volume 584 Thursday No. 22 10 July 2014

CONTENTS

Thursday 10 July 2014

Oral Answers to Questions [Col. 419] [see index inside back page] Secretary of State for Transport Leader of the House House of Commons Commission

Business of the House [Col. 441] Statement—(Mr Lansley)

Communications Data and Interception [Col. 456] Statement—(Mrs May)

Industrial Action Update [Col. 475] Statement—(Mr Maude)

Justice and Home Affairs Opt-outs [Col. 485] General debate

Residential Home Closures [Col. 550] Debate on motion for Adjournment

Westminster Hall Jobcentre Plus [Col. 143WH] Debate on motion for Adjournment

Written Statements [Col. 21WS]

Written Answers to Questions [Col. 345W] [see index inside back page]

Ministerial Correction [Col. 5MC]