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Monday Volume 525 14 March 2011 No. 131

HOUSE OF COMMONS OFFICIAL REPORT

PARLIAMENTARY DEBATES ()

Monday 14 March 2011

£5·00 © Parliamentary Copyright House of Commons 2011 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, TW9 4DU; e-mail: [email protected] HER MAJESTY’S GOVERNMENT

MEMBERS OF THE CABINET

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

PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt Hon. David Cameron, MP DEPUTY PRIME MINISTER AND LORD PRESIDENT OF THE COUNCIL—The Rt Hon. , MP AND SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS—The Rt Hon. , MP CHANCELLOR OF THE EXCHEQUER—The Rt Hon. , MP AND SECRETARY OF STATE FOR JUSTICE—The Rt Hon. , QC, MP SECRETARY OF STATE FOR THE HOME DEPARTMENT AND MINISTER FOR WOMEN AND EQUALITIES—The Rt Hon. , MP SECRETARY OF STATE FOR DEFENCE—The Rt Hon. , MP SECRETARY OF STATE FOR BUSINESS,INNOVATION AND SKILLS—The Rt Hon. , MP SECRETARY OF STATE FOR WORK AND PENSIONS—The Rt Hon. , MP SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE—The Rt Hon. , MP SECRETARY OF STATE FOR HEALTH—The Rt Hon. , CBE, MP SECRETARY OF STATE FOR EDUCATION—The Rt Hon. , MP SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT—The Rt Hon. , MP SECRETARY OF STATE FOR TRANSPORT—The Rt Hon. , MP SECRETARY OF STATE FOR ENVIRONMENT,FOOD AND RURAL AFFAIRS—The Rt Hon. , MP SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT—The Rt Hon. , MP SECRETARY OF STATE FOR NORTHERN IRELAND—The Rt Hon. , MP SECRETARY OF STATE FOR —The Rt Hon. Michael Moore, MP SECRETARY OF STATE FOR WALES—The Rt Hon. , MP SECRETARY OF STATE FOR CULTURE,OLYMPICS,MEDIA AND SPORT—The Rt Hon. , MP CHIEF SECRETARY TO THE TREASURY—The Rt Hon. , MP LEADER OF THE AND CHANCELLOR OF THE DUCHY OF LANCASTER—The Rt Hon. Lord Strathclyde MINISTER WITHOUT PORTFOLIO—The Rt Hon. Baroness Warsi

DEPARTMENTS OF STATE AND MINISTERS Business, Innovation and Skills— SECRETARY OF STATE AND PRESIDENT OF THE BOARD OF TRADE—The Rt Hon. Vince Cable, MP MINISTERS OF STATE— The Rt Hon. , MP (Minister for Universities and Science) John Hayes, MP (Minister for Further Education, Skills and Lifelong Learning) § , MP Lord Green of Hurstpierpoint (Minister for Trade and Investment) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Edward Davey, MP Edward Vaizey, MP § Baroness Wilcox — MINISTER FOR THE CABINET OFFICE AND —The Rt Hon. , MP MINISTER OF STATE—The Rt Hon. , MP PARLIAMENTARY SECRETARIES— , MP , MP Communities and Local Government— SECRETARY OF STATE—The Rt Hon. Eric Pickles, MP MINISTERS OF STATE— The Rt Hon. , MP The Rt Hon. , MP (Minister for Housing and Local Government) PARLIAMENTARY UNDER-SECRETARIES OF STATE— , OBE, MP Robert Neill, MP Baroness Hanham, CBE ii HER MAJESTY’S GOVERNMENT—cont.

Culture, Media and Sport— SECRETARY OF STATE FOR CULTURE,OLYMPICS,MEDIA AND SPORT—The Rt Hon. Jeremy Hunt, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— John Penrose, MP Hugh Robertson, MP (Minister for Sport and the Olympics) Edward Vaizey, MP § Defence— SECRETARY OF STATE—The Rt Hon. Liam Fox, MP MINISTER OF STATE—Nick Harvey, MP (Minister for the Armed Forces) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Gerald Howarth, MP The Rt Hon. , MP Peter Luff, MP Lord Astor of Hever, DL Duchy of Lancaster— LEADER OF THE HOUSE OF LORDS AND CHANCELLOR OF THE DUCHY OF LANCASTER—The Rt Hon. Lord Strathclyde Education— SECRETARY OF STATE—The Rt Hon. Michael Gove, MP MINISTERS OF STATE— Sarah Teather, MP , MP John Hayes, MP (Minister for Further Education, Skills and Lifelong Learning) § PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP Lord Hill of Oareford Energy and Climate Change— SECRETARY OF STATE—The Rt Hon. Chris Huhne, MP MINISTERS OF STATE— Charles Hendry, MP Gregory Barker, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Lord Marland Environment, Food and Rural Affairs— SECRETARY OF STATE—The Rt Hon. Caroline Spelman, MP MINISTER OF STATE—The Rt Hon. James Paice, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Richard Benyon, MP Lord Henley Foreign and Commonwealth Office— SECRETARY OF STATE—The Rt Hon. William Hague, MP MINISTERS OF STATE— , MP The Rt Hon. , MP (Minister for Europe) The Rt Hon. Lord Howell of PARLIAMENTARY UNDER-SECRETARIES OF STATE— Henry Bellingham, MP , MP Government Equalities Office— MINISTER FOR WOMEN AND EQUALITIES—The Rt Hon. Theresa May, MP § MINISTER FOR EQUALITIES—, MP § Health— SECRETARY OF STATE—The Rt Hon. Andrew Lansley, CBE, MP MINISTERS OF STATE— Paul Burstow, MP , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP Earl Howe — SECRETARY OF STATE AND MINISTER FOR WOMEN AND EQUALITIES—The Rt Hon. Theresa May, MP § MINISTERS OF STATE— , MP (Minister for Immigration) The Rt Hon. , MP ( and Criminal Justice) § The Rt Hon. Baroness Neville-Jones (Minister for Security) PARLIAMENTARY UNDER-SECRETARIES OF STATE— Lynne Featherstone, MP (Minister for Equalities) § , MP HER MAJESTY’S GOVERNMENT—cont. iii

International Development— SECRETARY OF STATE—The Rt Hon. Andrew Mitchell, MP MINISTER OF STATE—The Rt Hon. , MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Stephen O’Brien, MP Justice— LORD CHANCELLOR AND SECRETARY OF STATE—The Rt Hon. Kenneth Clarke, QC, MP MINISTERS OF STATE— The Rt Hon. Lord McNally The Rt Hon. Nick Herbert, MP (Minister for Policing and Criminal Justice) § PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP , MP Law Officers— ATTORNEY-GENERAL—The Rt Hon. , QC, MP SOLICITOR-GENERAL—, QC, MP ADVOCATE-GENERAL FOR SCOTLAND—The Rt Hon. Lord Wallace of Tankerness, QC Leader of the House of Commons— LEADER OF THE HOUSE OF COMMONS AND —The Rt Hon. Sir George Young, MP PARLIAMENTARY SECRETARY—, CBE, MP Northern Ireland— SECRETARY OF STATE—The Rt Hon. Owen Paterson, MP MINISTER OF STATE—The Rt Hon. Hugo Swire, MP Privy Council Office— DEPUTY PRIME MINISTER AND LORD PRESIDENT OF THE COUNCIL—The Rt Hon. Nick Clegg, MP Scotland Office— SECRETARY OF STATE—The Rt Hon. Michael Moore, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—The Rt Hon. , MP Transport— SECRETARY OF STATE—The Rt Hon. Philip Hammond, MP MINISTER OF STATE—The Rt Hon. , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP , MP Treasury— PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt Hon. David Cameron, MP CHANCELLOR OF THE EXCHEQUER—The Rt Hon. George Osborne, MP CHIEF SECRETARY—The Rt Hon. Danny Alexander, MP FINANCIAL SECRETARY—Mark Hoban, MP EXCHEQUER SECRETARY—, MP ECONOMIC SECRETARY—, MP COMMERCIAL SECRETARY—Lord Sassoon PARLIAMENTARY SECRETARY—The Rt Hon. Patrick McLoughlin, MP LORDS COMMISSIONERS— , MP , MP , MP Brooks Newmark, MP , MP ASSISTANT WHIPS— Philip Dunne, MP , MP , MP , MP , MP , MP , MP Mark Hunter, MP iv HER MAJESTY’S GOVERNMENT—cont.

Wales Office— SECRETARY OF STATE—The Rt Hon. Cheryl Gillan, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—David Jones, MP Work and Pensions— SECRETARY OF STATE—The Rt Hon. Iain Duncan Smith, MP MINISTERS OF STATE— The Rt Hon. , MP , MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— , MP Lord Freud Her Majesty’s Household— LORD CHAMBERLAIN—The Rt Hon. Earl Peel, GCVO, DL LORD STEWARD—The Earl of Dalhousie MASTER OF THE HORSE—Lord Vestey, KCVO TREASURER—The Rt Hon. John Randall, MP COMPTROLLER—The Rt Hon. , MP VICE-CHAMBERLAIN—The Rt Hon. , MP CAPTAIN OF CORPS OF GENTLEMEN-AT-ARMS—The Rt Hon. Baroness Anelay of St Johns, DBE CAPTAIN OF THE QUEEN’S BODYGUARD OF THE YEOMEN OF THE GUARD—The Rt Hon. Lord Shutt of Greetland, OBE BARONESSES IN WAITING—Baroness Garden of Frognal, Baroness Northover, Baroness Rawlings, Baroness Verma LORDS IN WAITING—Earl Attlee, Lord De Mauley, TD, Lord Taylor of Holbeach, CBE, Lord Wallace of Saltaire

§ Members of the Government listed under more than one Department

SECOND CHURCH ESTATES COMMISSIONER, REPRESENTING CHURCH COMMISSIONERS—Tony Baldry, MP HOUSE OF COMMONS

THE SPEAKER—The Rt Hon. , MP

CHAIRMAN OF WAYS AND MEANS—Lindsay Hoyle, MP FIRST DEPUTY CHAIRMAN OF WAYS AND MEANS—Nigel Evans, MP SECOND DEPUTY CHAIRMAN OF WAYS AND MEANS—The Rt Hon. , MP

PANEL OF CHAIRS Mr , MP, Hugh Bayley, MP, Mr Joe Benton, MP, Mr Clive Betts, MP, Mr Peter Bone, MP, Mr Graham Brady, MP, Annette Brooke, MP, Martin Caton, MP, Mr Christopher Chope, MP, Katy Clark, MP, Mr David Crausby, MP, , MP, Jim Dobbin, MP, Mr , MP, Mr James Gray, MP, Mr Mike Hancock, MP, Mr Dai Havard, MP, Mr Philip Hollobone, MP, Mr Jim Hood, MP, The Rt Hon. George Howarth, MP, Mr Edward Leigh, MP, Dr William McCrea, MP, Miss Anne McIntosh, MP, Mrs , MP, Mr , MP, Sandra Osborne, MP, Albert Owen, MP, Mrs Linda Riordan, MP, John Robertson, MP, , MP, Mr Lee Scott, MP, Jim Sheridan, MP, Mr , MP, Mr Andrew Turner, MP, Mr Charles Walker, MP, Mr Mike Weir, MP, Hywel Williams, MP

HOUSE OF COMMONS COMMISSION The Rt Hon. The Speaker (Chairman), The Rt Hon. , MP, Sir , MP, Mr Frank Doran, MP, John Thurso, MP, The Rt Hon. Sir George Young, MP SECRETARY OF THE COMMISSION—Dorian Gerhold ASSISTANT SECRETARY—Robert Cope

ADMINISTRATION ESTIMATE AUDIT COMMITTEE Alex Jablonowski (Chairman), The Rt Hon. Hilary Benn, MP, The Rt Hon. Sir Alan Haselhurst, MP, John Thurso, MP, Stephen Brooker, SECRETARY OF THE AUDIT COMMITTEE—Gosia McBride

MANAGEMENT BOARD Malcolm Jack, PhD (Chief Executive), Robert Rogers (Director General, Chamber and Committee Services), (Director General, Information Services), Andrew Walker (Director General, Resources), John Borley, CB (Director General, Facilities), Joan Miller (Director of Parliamentary ICT) (External Member), Alex Jablonowski (External Member) SECRETARY OF THE MANAGEMENT BOARD—Matthew Hamlyn

SPEAKER’S SECRETARY—Kate Emms SPEAKER’S COUNSEL—Michael Carpenter SPEAKER’S CHAPLAIN—Rev. Rose Hudson-Wilkin

PARLIAMENTARY COMMISSIONER FOR STANDARDS—John Lyon, CB PARLIAMENTARY SECURITY CO-ORDINATOR—Peter Mason

14 March 2011

THE PARLIAMENTARY DEBATES OFFICIAL REPORT

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

SIXTIETH YEAR OF THE REIGN OF HER MAJESTY QUEEN ELIZABETH II

SIXTH SERIES VOLUME 525 SIXTEENTH VOLUME OF SESSION 2010-2011

The security situation in Afghanistan varies significantly House of Commons across the country. About 64% of violent incidents take place in just three of Afghanistan’s 34 provinces, Helmand, Monday 14 March 2011 Kandahar and Kunar, which have about 11% of the total population. The insurgency’s heartland remains in the south. The increases in the international security The House met at half-past Two o’clock assistance force and Afghan national security force have helped us to make real progress over the winter in all aspects of our counter-insurgency operations: security, PRAYERS governance, and development.

Tom Brake: I join the Secretary of State in his tributes [MR SPEAKER in the Chair] to our fallen soldiers. The security situation in Afghanistan may have a permanent impact on service personnel after the conflict. Oral Answers to Questions Taking into account valuable lessons learned from previous conflicts, such as the Falklands, whereby more servicemen took their own lives afterwards than died during fighting, what measures are in place to support servicemen and DEFENCE women who experience mental health or social problems either during or after the conflict? The Secretary of State was asked— Dr Fox: My hon. Friend makes a very valuable point. Afghanistan It is all too easy to see the physical scars of war; it is much more difficult to see the mental scars of war. It is 1. Tom Brake (Carshalton and Wallington) (LD): because of the importance given to the matter by the What recent assessment he has made of the security Government that, cross-departmentally, we are making situation in Afghanistan; and if he will make a statement. more funding available to mental health projects for our [45696] armed forces. We are looking at the scientific evidence available to see whether we can better target that help, The Secretary of State for Defence (Dr Liam Fox): but the measures that we are putting in place include the The whole House will want to join me in paying tribute new phone line for service personnel. to Lance Corporal Stephen McKee, from 1st Battalion The Royal Irish Regiment, who was killed in Afghanistan Mr Geoffrey Robinson ( North West) (Lab): on 9 March. The House will want to join me in paying The Secretary of State will recall that on 14 February he tribute also to the station commander of RAF Northolt, made a moderate and encouraging statement to the Group Captain Tom Barrett, who was killed in a road House, saying that he thought that the second half of traffic accident on the evening of Thursday 10 March. this year would be a good time to make a political push Many members of the current and former Governments towards a settlement. He also said that we would pay a will have known him well. Both men served their country heavy price if we failed to take the opportunity that with honour and distinction, and our thoughts and would then occur. He has since no doubt seen the prayers are with their friends, colleagues and families at Defence Committee’s report, which says that at the this very difficult time. moment the Americans seem disinclined to pursue a 3 Oral Answers14 MARCH 2011 Oral Answers 4 political settlement. Can he assure the House that he Mr James Arbuthnot (North East ) (Con): will use his best endeavours to encourage the Americans On Friday, the BBC carried a report that two Nimrod to take the course that he has recommended? R1 aircraft, which had been due to come out of service at the end of this month, had been reprieved, at least Dr Fox: I am not sure that I am required to make until June. Was it true? Are there any other recent efforts to get the Americans to make such a change in decisions that are being reconsidered or perhaps should their posture, as the hon. Gentleman describes it. In be reconsidered as events in the Arab world unfold? fact, I spoke to Secretary Gates at the ISAF meeting in Brussels at the weekend, and it is very clear that we are Dr Fox: As I have just said, we always ensure that the all now moving together. The process of transition, assets are available. I asked the armed forces to look at including which parts of Afghanistan will undertake whether we could have a temporary extension for the that transition, will be announced by President Karzai R1 until we were sure that we had sufficient alternative on 21 March. assets to be able to provide us with the same capability. That work is being undertaken at the moment. Mr (Basildon and Billericay) (Con): The Defence Secretary brings a welcome dose of realism to Mr (East Renfrewshire) (Lab): We all his post, but given that counter-insurgency operations pay tribute to the work that our forces are carrying out in the past, such as in Malaya, suggest that not one of in and around Libya at the moment, and we support the the pre-conditions for success exists in Afghanistan Government’s work in attempting to achieve a no-fly today, why does he think this is going to be different, zone. However, there remain serious issues about earlier and why does he think that we are going to beat the decisions, not least on HMS Cumberland, which has Taliban? done so much off Benghazi, but whose next journey will be to be decommissioned. Also, some Nimrod aircraft Dr Fox: Our aim in Afghanistan has been to create a that were previously bound for scrap may have won a stable enough Afghanistan so that it is able to manage temporary reprieve. Given that the National Audit Office its own internal and external security without the need report says that the RAF currently has only to rely on the international community. We have put “eight pilots who are capable of undertaking ground attack in place improvements in governance, as well as an missions on Typhoon”, improvement in the security position. We have seen a and that that will not be sufficient in future, why does big increase in the size and capability of the Afghan the Secretary of State think it is right to sack almost 200 national security force, which should enable Afghanistan trainee pilots? to maintain that position when the international community leaves in an active role. Dr Fox: As I have said repeatedly in the House, we have had to reduce the number of aircraft available for North Africa the future as part of the strategic defence and security review, not least because of the budgetary position that we inherited. It does no good whatsoever to the credibility 2. Mr David Hanson (Delyn) (Lab): What recent of the Opposition to complain about reductions made assessment he has made of the potential role of UK as a result of their budgetary incompetence when they armed forces in north Africa. [45697] will not tell us what their budget would be or what cuts they would support or not support. The Secretary of State for Defence (Dr Liam Fox): The Government keep plans for the use of our armed Mr Murphy: The Secretary of State should spare us forces under constant review, and planning with our the lecture. This from a Government who allow soldiers NATO partners is also ongoing. A number of contingency to be sacked by e-mail, whose actions mean that this plans with respect to Libya are being considered by week, for the first time in decades, we do not have the NATO, including further humanitarian assistance, enforcing ability to put an aircraft carrier to sea, and who will not an arms embargo and the implementation of a no-fly guarantee that anyone currently serving in Afghanistan zone. No decisions have yet been taken and no assets will be exempt from being sacked. The defence review have yet been committed. was rushed; it has not survived the first contact with world events. Three words missing from it were Tunisia, Mr Hanson: Will the Secretary of State confirm that, Egypt and Libya. Many experts are worried about new prior to any no-fly zone in Libya being undertaken, he gaps in capability. Will the Secretary of State guarantee will get the support of the United Nations and the Arab that there will be no future cuts in military capability in League to achieve that objective? Will he also look at the lifetime of this Parliament? the resources in the strategic defence review to ensure that our troops and our aircraft have the support of air Dr Fox: The word missing from the right hon. force personnel and aircraft to meet those objectives? Gentleman’s comments was “sorry”—sorry for the position in which he left our armed forces, with an MOD budget Dr Fox: The Government have made it clear, alongside massively over-committed at £158 billion. What Labour our NATO allies, that in relation to a no-fly zone, three Members still have not recognised is that their own criteria have to be met: there has to be a demonstrable economic incompetence is a liability for this country’s need; there has to be a clear legal basis; and there has to national security in the long term. We are taking the be involvement of the countries in the region. Clearly, measures to put this country back on a firm footing in a we would not be planning if we did not have the assets way that they never could and never had the courage readily available for the task. to do. 5 Oral Answers14 MARCH 2011 Oral Answers 6

Industrial, Security and Technology Policy good work is proceeding in this area and there are some very interesting things that I hope to report to the 3. Paul Maynard (Blackpool North and Cleveleys) House in the relatively near future. (Con): What recent progress his Department has made on its consultation on the defence industrial, security Michael Dugher (Barnsley East) (Lab): At last week’s and technology policy Green Paper. [45698] consultation conference on the Government’s Green Paper, which was hosted by the Minister, Mr Neil The Parliamentary Under-Secretary of State for Defence Stansfield, the head of security and counter-terrorism, (Peter Luff): Our Green Paper, “Equipment, Support, science and technology at the Home Office, warned the and Technology for UK Defence and Security: A Government of the dangers of taking equipment “capability Consultation Paper”, was published on 20 December holidays”, and argued that it is not possible to dip in 2010, and progress on the consultation is encouraging. and dip out. In light of that, do the Government think Ministers have engaged extensively with a wide range of that it is wise to take a nine-year capability holiday in interested parties, including right hon. and hon. Members carrier strike, a decision that the noble Lord Ashdown of this House and of the House of Lords. Last week, a described at the weekend as “illogical”? consultation conference took place at which over 200 people from industry, academia, service providers, trade bodies Peter Luff: They just don’t get it, do they? We do not and the public discussed the Green Paper issues with wish to have that capability gap, but were forced to take Ministers and senior officials. I encourage anyone additional risks in the defence budget because of the interested to send in their views on the issues outlined in mess we inherited from the Labour party. I regret that the Green Paper before the consultation period ends on and do not welcome it, but it is a risk that we have to 31 March 2011. take.

Paul Maynard: Can the Minister give me an assurance International Arms Trade that he will give due weight to the need to have a steady and constant stream of graduates in the complex scientific 4. Dr Julian Huppert (Cambridge) (LD): What assessment disciplines that underpin the research and development he has made of the implications for his Department’s work on which the future of our defence industry rests? policies of proposals for further regulation of the international trade in arms; and if he will make a statement. Peter Luff: I am delighted to give my hon. Friend [45699] precisely that assurance. I am constantly amazed and delighted by the excellent work done by our scientists. The Minister for the Armed Forces (Nick Harvey): We I am in regular discussions with my colleagues in other strongly support proposals for an arms trade treaty. It Departments to ensure precisely that outcome, and he is should reduce the proliferation of conventional weapons right to highlight its importance. and technology in unstable regions. By agreeing and implementing criteria that set high standards for the Mr (Coventry North East) (Lab): export of conventional weapons and technology, the Does the Minister share with his colleagues in industry Government maintain a rigorous and transparent arms his plans to cut the science and technology budget by export control system, whereby all export licence £80 million? Will he tell the House how much impact applications are assessed case by case against the that will have on our future ability to develop military consolidated EU and national arms export licensing capability? criteria. The arms trade treaty will better regulate the international trade in conventional weapons and contribute Peter Luff: It grieves me that the right hon. Gentleman, towards preventing conflict, which is a key interest for whom I hold in considerable regard and esteem, should the Department. ask such a question after the monstrous slashing of the science budget under the previous Government. Last Dr Huppert: Our Government should be congratulated year alone, £100 million was taken from the science on their strong role in the international arms trade budget by his party and his Government. I am glad to treaty talks in New York last week, which will lead to a tell him that the science budget has been largely protected— great improvement around the world. However, does [Interruption.] It has been largely protected from the the Minister accept that sales of British defence and massive problems that we inherited from him and his security equipment, licensed under this Government colleagues on the Opposition Front Bench. The budget and the previous Government, to countries such as will rise in cash terms over the spending round period. Libya and Bahrain show that we need to take a far more That is a remarkably successful outcome, and I am careful look at our exports, as well as advising the rest delighted by and proud of it. of the world?

Mark Menzies (Fylde) (Con): Is the Minister in a Nick Harvey: I agree with my hon. Friend that the position to update the House on the Government’s progress towards an arms trade treaty is encouraging. proposals to support the unmanned aerial vehicles The recent preparatory committee meeting certainly programme, because that has a direct link to the skills went well. As I have said, the UK maintains rigorous that my hon. Friend the Member for Blackpool North controls. Clearly, the changing political situation means and Cleveleys (Paul Maynard) spoke about? that we will have to monitor sales to various countries far more closely. When considering future export licensing Peter Luff: My hon. Friend is right to highlight the applications, we will follow the terms of the newly importance of protecting skills in the fixed-wing sector agreed UN arms embargo in the case of Libya. In terms in general. I cannot give him that update at present, but of other countries, such sales have been going on for 7 Oral Answers14 MARCH 2011 Oral Answers 8 some time, as my hon. Friend said, but I am pleased to nature or credibility of our nuclear deterrent, and that say that there have been no recent sales to Bahrain, for it will ensure that we maintain Britain’s ultimate insurance example. policy?

Mr John Spellar (Warley) (Lab): We should all welcome Peter Luff: I am delighted to give my hon. Friend that the advances towards an international treaty. However, categorical reassurance. I urge the Minister to point out to the hon. Member for Cambridge (Dr Huppert) the huge importance of the Means of Identification (Licensing) British aerospace industry to the economy not only of the country, but of the regions where it employs many 6. (Warrington South) (Con): What thousands of skilled workers. In that context, the criteria recent representations he has received on the acceptance for deciding to whom we sell should be current criteria. by licensed premises of his Department’s form 90 as a For example, we should consider the huge advances means of identification. [45701] made in Indonesia under President Yudhoyono, not only in its economy, but in human rights and democracy The Parliamentary Under-Secretary of State for Defence in that country. Will there be an up-to-date assessment (Mr Andrew Robathan): Since this Government came of which countries are appropriate? into office, the Ministry of Defence has received a number of letters from Members of Parliament, including Nick Harvey: We keep under constant review the my hon. Friend, and from the public concerning the use progress made in different parts of the world, and apply of MOD form 90 as a means of identification for that against the criteria. I assure the right hon. Gentleman non-official purposes. I am delighted to confirm that we that the Government recognise the significance of defence have now agreed to a change in policy, allowing service exports and the rigorous controls that are in place. personnel to use their service identity card as proof of Exports bring great value to the economy, industry and age, and have written to the relevant trade associations defence. They contribute not only to our defence diplomacy, encouraging their members to accept it. but to the interoperability of our systems with those of our allies around the world. David Mowat: I thank the Minister for the answer and for the support that he has given my constituent, ex-Coldstream Guard Lance Reah, in his campaign on Nuclear Deterrent the matter over the past year. Does my hon. Friend agree that the change will have a big impact on the 5. Julie Hilling (Bolton West) (Lab): How much of morale of our soldiers, and that the fact that the Opposition the sum allocated by his Department to the Trident failed to make any progress on the matter in 13 years replacement concept phase has been transferred from demonstrates that their actions do not match their its budget for the assessment phase. [45700] words?

The Parliamentary Under-Secretary of State for Defence Mr Robathan: I can confirm to my hon. Friend that (Peter Luff): The concept phase for the programme to when I was serving in the Coldstream Guards it was a replace the Vanguard submarine was extended to allow matter of some upset when young-looking soldiers who potential designs to be developed more fully, and to were prepared to lay their lives on the line were denied allow the value for money of the programme to be entry to pubs. I pay tribute to my hon. Friend for his reviewed. The previous Government approved a sum of campaign, and I am particularly pleased to see that I about £255 million for that extension, and this January am on the front of “Warrington Matters” in connection the coalition Government authorised an additional sum with it. I do not think the photograph of me is very of about £25 million. flattering, though. Trident Replacement Programme Julie Hilling: On 19 October last year, the Prime Minister said that 7. Dr (New Forest East) (Con): What “a proper full replacement of Trident is the right option for the progress he has made on the implementation of the future.”—[Official Report, 19 October 2010; Vol. 516, c. 805.] Trident replacement programme. [45702] However, on 10 March, the Liberal Democrat chairman, the hon. Member for Westmorland and Lonsdale (Tim The Secretary of State for Defence (Dr Liam Fox): Farron), said: The programme to replace the Vanguard submarine “I’m pretty confident there will not be a full replacement.” completed the initial concept studies, and we expect an Will the Minister please tell us what the formal, agreed announcement on initial gate approval in the coming coalition Government policy is on Trident replacement? weeks. There remain ongoing discussions, which have simply taken longer than it was anticipated a few months ago. It is important, given the size of the project, that Peter Luff: The coalition Government are committed we get the decision right. to the replacement of the Trident submarine, but our Liberal Democrat colleagues have the right to argue Dr Lewis: At a press conference organised by the another position. anti-nuclear deterrent front organisation, the British American Security Information Council, a Liberal Mr Matthew Offord (Hendon) (Con): Can my hon. Democrat Defence Minister stated that a very thin Friend assure the House that the decision set out in the paper trail had led to the last Government’s decision to strategic defence and security review will not alter the renew Trident. Does my right hon. Friend agree that the 9 Oral Answers14 MARCH 2011 Oral Answers 10

White Paper produced by his Department and the last swift implementation of the reforms will be key, as my Government was actually a first-class piece of work, right hon. Friend the Secretary of State made clear at was recognised as such by my right hon. Friend who is the meeting of NATO Defence Ministers last week. now Prime Minister and gave every good argument for why we went into the Division Lobby with the Labour : In addition to those reforms, the Government to support that renewal? NATO Parliamentary Assembly has the capacity to help with democratic institution-building in countries Dr Fox: The White Paper was a thorough piece of such as those in north Africa which we hope are emerging work. It was the basis on which the House made a into stronger parliamentary democracies. Did the Minister’s considered decision on the issue, and I still believe that discussions with NATO involve those capabilities? for the long-term well-being and security of the United Kingdom, a continuous at-sea, submarine-based, Mr Howarth: I pay tribute to the NATO Parliamentary minimum-credible nuclear deterrent in the form of the Assembly—indeed, I was speaking earlier to the right replacement for the Trident programme is the best way hon. and learned Member for North East Fife (Sir Menzies forward. Campbell) who leads for the UK on that, and I would very much like to meet other Assembly representatives. Jeremy Corbyn (Islington North) (Lab): There seems However, I ought to point out that NATO is principally to be a non-sequitur on the funding of the construction a military alliance. As my right hon. Friend the Secretary of this new weapon of mass destruction. In answers to of State made clear last week, three principles will guide me, the Secretary of State has pointed out that £300 million any intervention in Libya: demonstrable need, a clear has been spent on advance orders for new steel and legal mandate, and solid support from the region. That other things. In answer to my hon. Friend the Member is the policy that NATO has adopted. for Bolton West (Julie Hilling) a few moments ago, however, the Government talked of a figure of £25 million. Ms Gisela Stuart (Birmingham, Edgbaston) (Lab): Where exactly has the authority come from, other than Does the Minister agree that NATO reform would be the honeyed words “custom and practice”, for the pretty meaningless unless we can convince our fellow expenditure of apparently up to £1 billion on preparation NATO members to step up to the plate and spend 2% of for the development of this new weapons system? gross domestic product on defence?

Dr Fox: On the broad picture, if we choose to go Mr Howarth: I have to agree wholeheartedly with the ahead on the dates set out since the White Paper—we hon. Lady. That point has been made by the NATO have changed them slightly since coming into government Secretary-General to those recalcitrants, and by my —long-lead items need to be ordered. The Government right hon. Friend the Secretary of State to his counterparts. have set out clearly that we believe that that is the best She is absolutely right and I am very pleased to support course for the UK. The main gate decision will be taken her. some time after 2015. Cyber-security Angus Robertson (Moray) (SNP): Will the Secretary of State confirm whether UK nuclear submarines rely 9. (Harlow) (Con): What his policy is on back-up power supplies to run their coolant pumps, on cyber-security in the defence estate; and if he will just like Japanese nuclear power stations? Is that why make a statement. [45704] Commodore MacFarlane, the defence nuclear safety regulator, recently said that UK submarine reactor safety 12. Geoffrey Clifton-Brown (The Cotswolds) (Con): falls What his policy is on cyber-security in the defence “significantly short of benchmarked…good practice”? estate; and if he will make a statement. [45707]

Dr Fox: One decision in the Trident replacement will The Minister for the Armed Forces (Nick Harvey): As be whether we move to pressurised water reactor 3 for we set out in the strategic defence and security review, improved nuclear safety. The Government’s view is that we attach a high priority to the cyber-defence of our that is the preferred option, because those reactors give systems. Since I last updated the House in December, us a better safety outlook. That is a debate on both we have made considerable progress in this area. Our sides of the Atlantic, but we believe that in terms of new global operations and security control centre is safety, the case is very clear-cut. now up and running, and we have commissioned a new monitoring system to detect cyber-attacks against our NATO Reform defence systems. We have also appointed a very senior military officer to lead a defence cyber-security programme to transform our approach over the next four years and 8. Harriett Baldwin (West Worcestershire) (Con): to meet our SDSR commitments. The House will What recent assessment he has made of progress in the understand if I do not comment further on the detail of reform of NATO. [45703] the measures we take to protect our systems, but we are not complacent—we must outmatch a rapidly changing The Parliamentary Under-Secretary of State for Defence threat. (Mr Gerald Howarth): The UK is a leading proponent of reform in NATO. Encouraging progress has been Robert Halfon: Is the Minister aware of the concerns made over the past year, with agreement on streamlining expressed by Dr Kim Howells, former Chairman of the NATO’s command structure and supporting agencies Intelligence and Security Committee, regarding the close and improvements to its financial management. However, links between BT and the Chinese telecoms firm, Huawei, 11 Oral Answers14 MARCH 2011 Oral Answers 12 which has close links to the red army? Does the Minister The Parliamentary Under-Secretary of State for Defence agree that that could make us more vulnerable to cyber- (Peter Luff): My right hon. Friend the Secretary of attack from China, and what steps can he take to reduce State for Transport announced the cancellation of the that risk? previous procurement process on 8 February. The and the Ministry of Defence Nick Harvey: The recent Green Paper on equipment, are now considering the potential procurement options support and technology identified cyberspace as both to meet the future requirements for search and rescue one of the benefits and one of the risks of the modern helicopters in the United Kingdom. We will make a world. We are developing a joint approach with industry further announcement once a way forward has been because of our mutual reliance on networks, which agreed. gives us the opportunity to discuss with BT and others both those benefits and the risks to which the hon. Mr Ruffley: I know that the Minister is aware of the Gentleman alludes. great concern in the search and rescue service, particularly at Wattisham in my constituency. Does he agree that a Geoffrey Clifton-Brown (The Cotswolds) (Con): Given private finance initiative route might not necessarily be that the important threat from cyberspace affects both the most cost-effective way forward in reforming such the private and public sectors, what steps is my hon. services? Friend taking to encourage innovative solutions from the private sector to help the public sector? Peter Luff: I am delighted to pay tribute to the strong and close interest that my hon. Friend has taken in this Nick Harvey: We have started a relationship with the issue, not least because of his close constituency interest. private sector, and there has been an initial meeting I can confirm that we are beginning again with a blank with private sector leaders at Downing street. It is sheet of paper. We have learned the lessons from the essential that we have the maximum co-operation between previous process, which has been so unfortunately the private and public sectors, because many of the terminated, and will look again at what is the correct networks on which public services depend are managed procurement route. That will include a thorough review under contract by the private sector. It is also essential of whether PFI is right for this particular procurement. that there is good international engagement with our allies, and there will be new memorandums of understanding Sir (Berwick-upon-Tweed) (LD): What is with some of them shortly. the mechanism for making the decision? Would it not make more sense if the Department for Transport acted Chris Bryant (Rhondda) (Lab): In the light of allegations as the purchaser and the MOD put forward a bid to that I gather will be made tonight on the “Panorama” continue the involvement of the RAF and the Navy in programme that the News of the World was hacking the provision of the service? into mobile phones and computers used by the Army in Northern Ireland, will the Minister ensure that the Peter Luff: I understand the interesting point that my security of mobile telephones used by the Army will be right hon. Friend makes. The present intention is that protected from newspapers as well as from other agents? current procurement arrangements should be stuck to, and I have every confidence that the defence, equipment Nick Harvey: The hon. Gentleman makes a good and support organisation at Abbey Wood can do an point, and we will do everything we can to ensure the excellent job of it this time. maximum security of all our communication methods. RAF Machrihanish Mr Russell Brown (Dumfries and Galloway) (Lab): With the reporting of an ever increasing number of 11. Mr Alan Reid (Argyll and Bute) (LD): What plans cyber-attacks and the increasing costs of such attacks, he has for the future of RAF Machrihanish; and if he will the Minister confirm that the £650 million announced will make a statement. [45706] in the SDSR for cyber-security has been ring-fenced for new capabilities? Will he also confirm the time scale for full delivery of those capabilities? The Parliamentary Under-Secretary of State for Defence (Mr Andrew Robathan): The disposal of RAF Machrihanish was announced in October 2008, and it will be sold as Nick Harvey: The money to which the hon. Gentleman soon as possible. We are currently committed to working alludes covers the whole SDSR period. It is new money with the local community body to achieve a sale under intended to help prime the efforts of both the public Scottish community right to buy legislation. A final and private sectors, as I said a moment ago, to ensure decision from the Scottish Executive on whether the that the nation as a whole has in place the maximum community can proceed is awaited. possible defences over the next few years. It is a fast-changing scene, and it is essential that we keep up with the ever changing threat. Mr Reid: As the Minister will know, the main problem is the age and condition of the water supply system. I hope that the MOD will continue to work with the Scottish Harmonisation Project Government, the local council and the Machrihanish airbase community company to ensure that it will be 10. Mr David Ruffley () (Con): viable for the community company to buy the base and What progress his Department has made on the joint use the facilities to regenerate the local economy. This is search and rescue harmonisation project; and if he will an ideal project. Will he meet me to discuss make a statement. [45705] the matter further? 13 Oral Answers14 MARCH 2011 Oral Answers 14

Mr Robathan: I would be very happy to meet the hon. Dr Fox: If we have financial difficulties in the MOD Gentleman. He is quite right. For more than two years, or elsewhere in the Government, we know where they the MOD has been trying to dispose of this site, and the came from. When we look across what we do in the Ministry sooner we can do so the better for all concerned. of Defence—and, indeed, in the rest of Government —we look to see what risks the UK may face and how Sir (North East Fife) (LD): The we might best mitigate them. We have decided that the Minister will know that Machrihanish is not the only United Kingdom needs an adaptable posture, and we base in Scotland facing uncertainty. Is have therefore decided to build flexibility into the he aware that aircraft have yet again had to be scrambled programmes leading to Future Force 2020, which I from RAF Leuchars to protect our airspace from believe provides the best security for this country. unwelcome intrusion? Will he therefore ignore the siren voices apparently emanating from the Treasury which Defence Equipment would put both the base and that capability at risk? 14. Gordon Henderson (Sittingbourne and Sheppey) Mr Speaker: Order. I know that the Minister will (Con): If he will assess the merits of placing currently want to focus his answer on the question on the Order unrequired defence equipment in reserve. [45709] Paper, while skilfully referring to the concerns expressed by the right hon. and learned Gentleman. The Parliamentary Under-Secretary of State for Defence (Peter Luff): A wide range of options are routinely Mr Robathan: I will concentrate on the disposal of considered for all defence equipment that is not required Machrihanish, but also say—if I may, Mr Speaker—that for operational use. They include extended readiness, the future of bases in Scotland, about which the right long-term preservation, sale and disposal. In relation to hon. and learned Gentleman is rightly concerned, is preservation, we take into account factors such as the being looked at carefully, and announcements will be threats against which regeneration of the capability made soon. would be predicated; the cost and practicality of Strategic Planning preservation arrangements, which may be significant; and the lead time and costs for ensuring that suitably 13. Laura Sandys (South Thanet) (Con): What resources trained personnel could be made available to operate his Department has allocated to strategic planning in the equipment. 2010-11. [45708] Gordon Henderson: I welcome the Minister’s answer, The Secretary of State for Defence (Dr Liam Fox): At but I am a bit concerned about cost. The shipping departmental level, strategic planning is overseen by industry often lays up ships at minimal cost for a the director general, strategy. He has 51 military and number of years, using small maintenance teams and 75 civilian staff, and an overall budget for 2010-11 of dehumidifiers. Given recent events in north Africa, does some £12 million. If my hon. Friend is interested, I my hon. Friend agree that keeping Britain’s reserve recommend that she should read the excellent report by defences strong enough to meet unexpected challenges the Select Committee on Administration. ought to be a priority, especially if it can be done at minimal cost to the taxpayer? Laura Sandys: I have certainly read the executive summary. Does the Secretary of State agree that we Peter Luff: Nothing would give me and my ministerial should continue to maintain a focus on building our colleagues more pleasure than to be able to keep all risk assessment strategic planning and scenario capacity, decommissioned equipment in storage, but we can do to ensure that we can anticipate the future in a changing so only when it makes sense financially and strategically. environment and the threats to our national interest? Sadly, it is not as simple as switching off the engine and placing the kit in an air-conditioned environment. We Dr Fox: My hon. Friend is entirely right, and that is need to be able to maintain the equipment, retain and why in the strategic defence and security review we maintain stores, have personnel trained to use it and— chose an adaptable posture for the UK’s defence and something my hon. Friend may not be aware of—pay security. We specifically rejected the concepts of fortress the cost of capital needed to hold it in reserve. Sadly, it Britain or an over-committed Britain, which would is more complicated in the MOD than it is in the private result in a lack of agility. The events of recent days have sector. shown how unpredictable the external environment can be. That is why we were correct to maintain that flexibility Libya and agility in our armed forces. 15. Toby Perkins (Chesterfield) (Lab): What assessment Mr Kevan Jones (North Durham) (Lab): A week ago he has made of the effectiveness of his Department’s 50 senior military figures called for the SDSR to be contribution to the operation to evacuate UK nationals reopened. They signed a letter saying that the SDSR from Libya; and if he will make a statement. [45710] “seems to have been driven by financial rather than military considerations”. The Secretary of State for Defence (Dr Liam Fox): However, when the Secretary of State gave evidence to My right hon. Friends the Prime Minister and the the Defence Select Committee last week, he refused to have already paid tribute to the members deny reports that the Ministry of Defence was facing of the armed forces and the diplomatic service and all another £1 billion of cuts. Is it not becoming clear that those who put themselves in harm’s way to help our it is the Chancellor of the Exchequer who is in the people to leave safely. I would like to add my thanks to driving seat in the MOD, not the Secretary of State? all those involved, in particular the members of the 15 Oral Answers14 MARCH 2011 Oral Answers 16 armed forces and civilian personnel, who demonstrated sets sail, so that he can see yet again why the best place courage and professionalism in the co-ordinated effort for the refit and refurbishment of the Queen Elizabeth to rescue British and other nationals from the crisis. class carriers is Scotland, rather than France? The Ministry of Defence utilised a range of assets to support the Foreign Office-led operation to recover UK Peter Luff: Although it is far too early to decide and other citizens from Libya. We successfully transported where that work will be conducted, I would be delighted 926 entitled persons, of whom 286 were British nationals. to try to accommodate such a visit in my diary, if that proves possible. The hon. Gentleman’s constituents have Toby Perkins: I would like to associate myself with certainly done a first-rate job. the Secretary of State’s comments on the work done by our armed forces in Libya. Will he tell the House who in Middle East and North Africa the Ministry of Defence authorised the use of special forces in the operation that started on 2 March, and what advice led to that decision? 19. Stuart Andrew (Pudsey) (Con): What recent assessment he has made of the implications for his Dr Fox: The Foreign Secretary has already set out the Department’s policies of the security situation in the circumstances in which—[Interruption.] Ihavenointention middle east and north Africa. [45714] of commenting further on special forces. I am glad that the hon. Gentleman has joined me in thanking those The Secretary of State for Defence (Dr Liam Fox): In who took part in that work. I visited HMS Cumberland response to the changing security situation in the middle in Malta at the weekend to thank the crew for the east and north Africa, work is under way to understand tremendous work they did on behalf of the Government the implications that the changing environment will and the House of Commons. The fact that we were able have on our policies in the wider region. to take 926 citizens, of whom only 286 were British, shows just how far we were ahead of the curve and Stuart Andrew: I am grateful to my right hon. Friend doing our utmost to help those of other nations as well. for that answer. Will he give an assurance that our regional basing and overflight rights will ensure that we Mr James Gray (North Wiltshire) (Con): Does the can effectively deploy ground attack aircraft in the Secretary of State agree that the successful evacuation region if necessary? of several hundred of our own nationals, together with large numbers of overseas nationals, with not a single Dr Fox: The assumption that we made in the SDSR casualty among those people or our armed services, was that we had sufficient basing and overflight rights should be an occasion for rejoicing and congratulation, to be able to project air power where required. Nothing rather than for the negative party politicking that we has happened in recent days to change that assumption. have heard from the Opposition? Patrick Mercer (Newark) (Con): The Secretary of Dr Fox: It is interesting to compare the coverage that State has rightly focused on Libya and the excellence of the operations led by the United Kingdom, including our operations there, but can he assure the House that the command and control organisation in Malta, gets in his policies, in regard to resource and planning, are also the United Kingdom with the coverage that we get in focused on what might happen in other north African other countries in Europe and beyond, where there countries if evacuations or operations were required cannot be high enough praise for our armed forces and there? for the organisation put forward by the United Kingdom. Perhaps this is a time to praise our people rather than to Dr Fox: My hon. Friend is of course correct. We are condemn them. looking not only at what is happening in Libya but at other countries in the region where there has been HMS Illustrious instability in recent times. They include countries such as Yemen, where we already have forward positioning 18. Thomas Docherty (Dunfermline and West Fife) of assets, should we be required to evacuate any British (Lab): What assessment he has made of the likely date nationals. for HMS Illustrious to return to service; and if he will make a statement. [45713] Strategic Defence and Security Review The Parliamentary Under-Secretary of State for Defence (Peter Luff): HMS Illustrious is scheduled to return to 20. Miss Anne McIntosh (Thirsk and Malton) (Con): operational service, to assume her new landing platform What recent representations he has received on the helicopter role, in spring 2012. I should add that she has implications for airfields on the defence estate of the had 180 days’ notice to move, and that that period can outcome of the strategic defence and security review; be reduced, should the need arise. She will be supplementing and if he will make a statement. [45715] the capability provided by HMS Ocean. The Minister for the Armed Forces (Nick Harvey): I Thomas Docherty: I am sure the House will agree that have received a considerable number of representations the fact that HMS Illustrious is coming back into from hon. Members, Ministers and Members of the service ahead of schedule is a testament to the devolved Administrations, as well as from members of professionalism of the work force and the management, the public. I have regular discussions with Government led by Mike Pettigrew. Will the Minister find the time to colleagues and I will make an announcement as soon as come to the dockyard to see HMS Illustrious before she I am in a position to do so. 17 Oral Answers14 MARCH 2011 Oral Answers 18

Miss McIntosh: Will the Minister accept another what guidance is given to British military and police representation from me about the excellence of public trainers when they encounter children in the Afghan service shown by RAF Linton at times of public tragedy, national security forces? in respect of floods on a number of occasions and the Selby rail crash in particular? Will he give an assurance The Minister for the Armed Forces (Nick Harvey): that the future of RAF Linton will be secure, in training Afghan civilians must be 18 or above to join either the RAF pilots in the future? Afghan national police or the army. That is checked as rigorously as possible through the much-improving Nick Harvey: The strategic defence and security review recruitment process. If there is any allegation of wrongdoing said that RAF Kinloss and two other RAF bases would brought to the attention of the British forces, it will be close. We are in the middle of a comprehensive basing taken extremely seriously and reported to the Afghan study, covering the needs not only of the RAF but of commanders. We would unreservedly condemn any act the Army in the future. It is a complex piece of work. As of abuse or brutality. The Afghan Ministry of the soon as we are able to balance all those competing Interior addresses children’s rights issues and certainly requirements, we will make a full statement to the recognises 18 as the age of majority. If there are any House. specific allegations, he should—

Mr Speaker: We are most grateful to the Minister. Topical Questions T3. [45723] Tom Greatrex (Rutherglen and Hamilton T1. [45721] Jack Dromey (Birmingham, Erdington) West) (Lab/Co-op): I am not sure that the Secretary of (Lab): If he will make a statement on his departmental State’s earlier answer was entirely clear, so perhaps responsibilities. he will try again. Will he tell us who specifically in his Department authorised the involvement of special The Secretary of State for Defence (Dr Liam Fox): forces in Libya on 2 March? My departmental responsibilities are to ensure that our country is properly defended now and in the future, that Dr Fox: I have already made it clear that the Foreign our service personnel have the right equipment and Secretary set out the exact details, as far as we are able training to allow them to succeed in the military tasks, to disclose them, on that particular operation. When and that we honour the armed forces covenant. force protection is to be offered to the sort of diplomatic mission that was undertaken, it is quite usual for the Jack Dromey: Will the Secretary of State explain in Ministry of Defence to be asked and to agree to do it. detail and publish in full his views on the unfunded liability—supposedly left by the last Labour Government T5. [45725] Mr Mark Williams (Ceredigion) (LD): The —on equipment, procurement and support programmes Secretary of State and his Department regularly meet over the next 10 years? the Royal British Legion and other veterans organisations. At those meetings, how much emphasis is placed on the Dr Fox: I will not be the only one to set out that fact that the military covenant is enshrined in law and, information, as I am sure the National Audit Office and critically, on determining in what form and when that the Public Accounts Committee as well as the Select military covenant will be met? Committee on Defence will want to make it perfectly clear. I have made it clear, including in the evidence I The Parliamentary Under-Secretary of State for Defence gave to the Select Committee last week, that I would (Mr Andrew Robathan): I last met the director general like to see greater transparency in how the Department of the Royal British Legion last Monday to discuss this makes its information available. As for the unfunded very matter. There are many organisations involved and liability we inherited from the previous Government they all have their views to put forward. I think that and the damage it has done to our ability to plan for the the covenant is proceeding well. As the hon. Gentleman future— said, it has been written into law in the Armed Forces Bill and I hope that he will speak further about it on Mr Kevan Jones (North Durham) (Lab): Where has Report and Third Reading when they happen, shortly. the £38 billion gone? (West Dunbartonshire) (Lab/Co-op): Dr Fox: The hon. Gentleman asks where the £38 billion Ministry of Defence police do an essential and difficult has gone; he should know; he left it behind. It was his job with a great deal of professionalism and expertise, Government who were responsible for it. We shall diminish but they face a potential cut of one third in their that unfunded liability and put the Department back on numbers. That would mean more than 1,000 officers a sound footing—something that Labour Members were losing their jobs. What assessment has the Secretary of incapable of doing. State made of the impact of such a drastic reduction in the number of MOD police officers on the protection of T2. [45722] Dr Julian Huppert (Cambridge) (LD): The military bases? United Nations Secretary-General’s special representative on children and armed conflict recently reported on the Mr Robathan: I pay tribute to the work done by the Afghan national police’s recruitment of children to MOD police, and the protection of military bases is of fight and on the sexual exploitation of young boys by course essential. However, we are constrained by the Afghan police and military commanders. Given this lack of funds left behind by the last Government. disturbing evidence, will the Secretary of State explain [Interruption.] It is no good Opposition Members 19 Oral Answers14 MARCH 2011 Oral Answers 20 grimacing; it is true. For that reason, we are having to remind hon. Members on every occasion, one of the consider savings in all areas, and I am afraid that reasons that we are having to make reductions in the everyone must play their part. budget is the £158 billion deficit left behind by the Labour Government, on which the interest payments alone are T6. [45726] Robert Halfon (Harlow) (Con): As well as greater than next year’s defence, Foreign Office and aid supporting the movement opposing Gaddafi in Libya, budgets put together. what steps can my right hon. Friend the Secretary of State take to support the democratic movements in Bob Russell (Colchester) (LD): The House rightly Bahrain and Yemen, especially in view of the events of pays tribute to our military personnel who are serving recent days? in Afghanistan. On Friday the Minister for the Armed Forces visited the Colchester garrison, where he will Dr Fox: I think there is a difference between the two have seen on one side of the road former Army housing cases that my hon. Friend has cited. There is great that is now social housing, on which millions of pounds concern about the possibility that the collapse of the are being spent by one arm of Government. Can the Yemeni state would lead to an increase in the influence Minister explain why the same amount cannot be spent of al-Qaeda. It is therefore of great importance to the on housing on the other side of the road, where the United Kingdom’s national security that we do what we fathers and husbands of military personnel in Afghanistan can to stabilise the situation, while ensuring that we can live? evacuate United Kingdom citizens safely if the regime cannot hold. Mr Robathan: My hon. Friend has rightly taken up this cause. We want to see all service personnel, whether T4. [45724] (Cardiff South and Penarth) (Lab/Co-op): Given that Wales contains a fifth of the single or married, in good-quality accommodation. As United Kingdom’s population but 8% of its military he will know, there is a huge backlog but we are working population, does the Secretary of State accept that the on it, although our work is constrained by the £38 billion consequences of cuts that come too fast and go too deficit with which we were left. I hope very much that deep will affect Wales disproportionately? What will he we shall be able to continue that work, particularly in do to ensure that loyalty is repaid not with penalties the Colchester garrison. but with respect? Mark Tami (Alyn and Deeside) (Lab): The Minister Dr Fox: Decisions on the footprint of the United will be aware of the widespread concern at Defence Kingdom’s armed forces are made primarily on the Support Group in Sealand about ongoing job losses—and, basis of military effectiveness. However, notwithstanding indeed, the Government’s proposals to find a buyer for the level of cuts that must be made in order to balance the the business. Why, therefore, has he barred me from books, I personally ascribe great importance to maintaining visiting the site? a footprint throughout the Union. [Interruption.] What we are hearing is a very boring record. The difference Dr Fox: I am not aware of any such condition, but if between the main parties and the nationalists in the the hon. Gentleman wants to come and see me about it, House is that we believe in maintaining a footprint I will be very happy to discuss it with him. throughout the Union, whereas they do not believe in having UK armed forces at all. () (Con): Given that the Batch 3 Type 22s have recently proved their value in T10. [45730] Dr Daniel Poulter (Central and both evacuating British nationals and vital intelligence North Ipswich) (Con): I am sure that the Minister will gathering, and that no other platforms have such persistence, agree that while our British forces are in Afghanistan, it would it not be prudent to keep them intact during the is important for them to contribute to the development current uncertain times in the world? of a strong humanitarian legacy in terms of basic health care, education and clean drinking water for the people of Afghanistan. What steps is his Department taking, Dr Fox: It would be very attractive to be able to in conjunction with the Department for International maintain a great deal of capability but, sadly, we are Development, to help to secure that legacy? unable to do so because of financial constraints. It would be wonderful in a perfect world for us to be able Dr Fox: We work very closely with DFID on all those not only to retain these assets but to invest in future issues. As my hon. Friend correctly implies, if we are to assets as well, but if we are to be able to make investments have a sustainable legacy in Afghanistan, it cannot in the future to deal with the threats we may face, we simply involve the strength of the armed forces or the have to disinvest from some of the capabilities of the police; there must also be strong governance and a past, albeit with regret. strong infrastructure. Alison Seabeck (Plymouth, Moor View) (Lab): The T9. [45729] Nick Smith (Blaenau Gwent) (Lab): Given Secretary of State will know of the commitment of the the consideration in recent weeks of no-fly zones over people of Plymouth to keeping the Royal Navy at sea, Libya, do the Government still intend to make using all the skills we have in Plymouth. However, we 170 trainee pilots redundant? need to know what is going to happen with regard to the Type 23s and the replacement for Endurance. What Dr Fox: The number of trainee pilots is designed to is the time scale for telling the people of Plymouth mirror the number of airframes that we intend to be whether or not any of those ships will be base-ported in able to fly in future. That was set out in the SDSR. As I our city? 21 Oral Answers14 MARCH 2011 Oral Answers 22

Dr Fox: It gives me great pleasure to be able to be spent on in order to make sure we are able to take the commend the people of Plymouth for the great commitment decisions at the points we have set in initial gate, and they have made over many years. We will have main gate when we get to 2015. announcements to make in the very near future on some of the issues the hon. Lady mentions, and I will Jack Lopresti (Filton and Bradley Stoke) (Con): Last ensure she is made aware of them before we make them week, we saw evidence that Iran continues to supply the available to others. Taliban with weaponry. Has the Secretary of State had any discussions with our allies to ensure that weapons Mark Lancaster (Milton Keynes North) (Con): Given intended for the Taliban are being actively intercepted? the unique relationship between the sovereign and members of the armed forces, will the Secretary of State update Dr Fox: At the weekend’s NATO summit in Brussels the House on what his Department intends to do to and at the subsequent international security assistance commemorate next year’s diamond jubilee? force meeting we raised with our allies our concerns about the arming of the Taliban by Iran. This is a clear Dr Fox: The Government will cross-departmentally example, if we needed any, of the potentially malign set out their proposals on the diamond jubilee in the influence that Iran can have in the region and it should near future. The House will be informed in the usual be a warning to us all about its potential intent. way. Luciana Berger (Liverpool, Wavertree) (Lab/Co-op): John Woodcock (Barrow and Furness) (Lab/Co-op): I recently visited the Merseyside garrison headquarters, Further to the question from my hon. Friend the Member where I met Territorial Army soldiers. Does the Secretary for Bolton West (Julie Hilling), exactly how are the of State share their concerns that changes to the home- public supposed to maintain confidence in our programme to-duty travel allowance will mean that by 2013 a TA to replace the Trident deterrent when the president of soldier who lives 9 miles or more from their TA centre one of the governing parties is apparently given carte will receive £4 less every time they attend their place of blanche to cheer up his battered activists by telling them duty for training? it probably will not go ahead at all? Dr Fox: It is with a great deal of regret that one of the Dr Fox: The coalition agreement made it very clear savings we are having to make in the Ministry of Defence that the Liberal Democrats within the coalition would is in the level of allowances available to service personnel. be free to advocate alternatives to the replacement However, I must say to the hon. Lady that financial programme. The overall Government policy remains remuneration and allowances will be part of the picture the replacement of the Trident programme however, of the wider review being undertaken of the Territorials and, as I said earlier today, the best solution for the and the reserves. We will want to look at that in the United Kingdom is a submarine-based, continuously-at-sea, totality of the review of the reserves to make sure we get minimum credible nuclear deterrent that protects the better value for money and more effective reserves. UK while contributing to overall reductions in international nuclear arsenals. (Tamworth) (Con): As my right hon. Friend concludes his consultation on the security (Chippenham) (LD): It is a sorry and technology Green Paper, will he ensure that he does state of affairs when calls for a no-fly zone from the not make the previous Government’s mistake of allowing interim national Libyan council are endorsed by the MOD prime contractors to obstruct small and medium- Arab League but the fails to back sized enterprises in getting their fair share of the defence them. What is the Secretary of State’s assessment of the procurement pie? security risk of inaction, should the international community fail to take responsibility to protect the Dr Fox: It has been an aim of the Government from Libyan people from Gaddafi? the outset when looking at defence technology and the procurement process to ensure that SMEs are given Dr Fox: My hon. Friend makes a useful point. The more than a fair crack of the whip. For too long, this Government’s aim is very clear: we want to see the has been about the prime contractors, with too little isolation of, and a diminution in the size and effectiveness consideration given to the SMEs, which represent in of, the regime in Libya, which we believe has lost this country not only vibrancy in technology and innovation legitimacy. The aim is for the international community but a major source of employment. to speak with a single voice, and the more we are united, the more we send a signal to Colonel Gaddafi that the Paul Flynn (Newport West) (Lab): On the arms trade, game is up and he has no friends and no future in Libya does the Secretary of State agree with Mr Tom Porteous or beyond. of UK Human Rights Watch that our country is being made to “look stupid” because of the conduct of our John Cryer (Leyton and Wanstead) (Lab): Will the special trade representative? Should we not be employing Secretary of State now answer the question from my trade representatives on the basis of their knowledge of hon. Friend the Member for Islington North (Jeremy industry, ethics and human rights, rather than on the Corbyn): how much has so far been spent on the hereditary principle? Trident replacement? Dr Fox: Mr Speaker, you made it very clear last time Dr Fox: I have set out on a number of occasions the that because members of the royal family cannot answer different areas in which we spend. We have to spend in back we should be very careful what we say in this advance because there are long-lead items that need to House about them. It is fair to say that not only do we 23 Oral Answers14 MARCH 2011 Oral Answers 24 follow the legislation set down by the previous Government, Secretary of State say what mitigating effects are being but we have some of the tightest regulations on arms considered to protect military communications? trading in the world. Mr Speaker: Last but not least, Henry Smith. Dr Fox: This issue is being looked at globally. I may Henry Smith (Crawley) (Con): We are entering a time have responsibility for many things, but solar activity is of increasing geomagnetic solar flare activity. Will the not one of them. 25 14 MARCH 2011 Japan and the Middle East 26

Japan and the Middle East where their homes once stood. We do not yet know the full and dreadful death toll, nor can anyone truly understand the impact that these events will have, but Japan and the 3.33 pm Japanese people are a resilient and resourceful nation. The Prime Minister (Mr David Cameron): Before I Britain and the British people are your friends and we turn to discussions at last week’s European Council, have no doubt you will recover. I am sure that the whole House will wish to join me in Let me turn to Friday’s special European Council sending our deepest condolences to the Japanese people and north Africa. The reason for having this Council following the earthquake and tsunami that struck their was twofold: first, to make sure Europe seizes the country on Friday. We are all deeply shocked and moment of opportunity to support the Arab people in saddened by the devastation that we have seen, and by north Africa and across the middle east in realising the loss of life, the full scale of which will take many their aspirations for a more open and democratic form days, and possibly weeks, to comprehend. I am sure that of government; and, secondly, to address the difficult the thoughts of everyone in this House, and indeed of situation in Libya. The Council addressed both issues everyone in our country, are with the Japanese people—we and I will be frank with the House about where progress stand with you at this time. has been made and where more needs to be done. As yet, there are no confirmed British fatalities, but First, on supporting the building blocks of democracy we have severe concerns about a number of British in the Arab world, the aim should be a big bold offer to nationals. I have spoken with our ambassador in Japan, those countries in our southern neighbourhood that who was one of the first to get to the affected region, want to move towards being more open societies. There and his team are working around the clock to help was some real success on this point. The Council declaration British nationals. Over the weekend we have had three talks of a “new partnership” founded on rapid deployment teams of staff operating in the worst- affected areas, and they will be augmented by a further “broader market access and political cooperation” team that will be arriving in Tokyo this afternoon and with an approach that gears support to those countries advancing to the north-east of the country tomorrow. where progress is being made in meeting their citizens’ They will help to find out information for the families aspirations. That could be so much better than the who are rightly very worried about relatives potentially failed approach of the past, but now Europe needs to caught up in this tragedy. We have set up a helpline for follow through on its declaration with a real and credible these families. It has taken several thousand calls and offer to those countries. In my view, it must be based on we are following up each lead. We have, of course, offered the prospects of deeper economic and trade integration humanitarian assistance to the Japanese Government with the EU and free movement of goods, services and and we stand ready to assist in any way that we can. At investment. their request, a 63-strong UK search and rescue team, Turning to Libya, it was right for the EU to meet and which includes medical personnel, has already been discuss how we can work together to deal with the crisis. deployed and it arrived in Japan yesterday morning. There has been considerable international co-operation The whole House will have been concerned at the on evacuation and I will bring the House up to date on worrying situation at the nuclear power station at the figures. We now have got more than 600 British Fukushima. The Japanese Government have said that nationals out and assisted more than 30 other nationalities. the emergency cooling systems at three reactors at the About 220 British nationals remain in Libya. The plant have failed because of the tsunami and there have overwhelming majority of these are long-term residents been explosions due to the release of hydrogen gas at and many, of course, are dual nationals or spouses of both the Fukushima 1 and Fukushima 3 reactors. This Libyan nationals. Many of that group have told us that is clearly a very fast-moving and rapidly changing picture they wish to remain in Libya, but a number of other and the Japanese Government are doing everything British nationals are now contacting us for the first they can to manage the situation they face. We will keep time. We will stay in contact with these people and the House updated. We are in close touch with the continue to assist those who wish to leave. Japanese authorities and have offered our nuclear expertise We have also been at the forefront of the response to if we can help to manage this very serious incident. the humanitarian situation in Libya and on its borders. The Energy Secretary has asked our chief nuclear We remain deeply concerned by the situation for people inspector, Dr. Mike Weightman, for a thorough report inside Libya caught up in fierce fighting and the on the implications of the situation in Japan. The UK Development Secretary has repeatedly called for the does not have reactors of the design of those in Fukushima protection of civilians and for unfettered humanitarian and neither does it plan any; nor, obviously, are we in a access to those in need. seismically sensitive zone. But if there are lessons to On the subject of further isolating the Gaddafi regime, learn, we must learn them. the European Council also made some progress. Two Cobra has met several times over the weekend and weeks ago, we put in place a tough United Nations again this morning, and we will keep our response to Security Council resolution and agreed in record time this tragedy and our support for Japan and the wider asset freezes, travel bans and an arms embargo, as well Pacific region under close and continuous review. Of as referral to the International Criminal Court. At this course, that goes for our travel advice as well. European Council, all leaders were united, categorical The devastation we are witnessing in Japan is of truly and crystal clear that Gaddafi must “relinquish power colossal proportions. It has been heartbreaking to listen immediately.”We widened the restrictive measures against to people who have had all their relatives, their friends, individuals close to Gaddafi and strengthened the financial their possessions and their homes simply washed away. sanctions on the regime, adding the Libyan Central Those who have survived will not recognise the place Bank and the Libyan Investment Authority to the EU 27 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 28

[The Prime Minister] the weekend. We fully support the Government in their efforts to help the Government of Japan in their hour of asset-freezing list. In doing so, the UK has increased the need and, indeed, to help Japan’s people. total of frozen Libyan assets in this country from This is clearly an anxious time for the friends and £2 billion to £12 billion. We now need to make clear the family of UK nationals and I thank the Prime Minister next measures in terms of putting further pressure on for what he said about our consular activity. I am sure the regime and planning for what other steps may be that consular staff will be working around the clock to necessary. deal with the inquiries that they receive. Let me also Two weeks ago, I told the House that I believed associate myself with the Prime Minister’s remarks contingency planning should be done, including plans about the work of British search and rescue teams. for a military no-fly zone. NATO is carrying out that On nuclear power, we should clearly see if there are work. As we have said before, a no-fly zone would need lessons to be learned, but should avoid a rush to judgment international support based on three clear conditions: given that we have a good safety record in this country. demonstrable need, regional support and a clear legal It is important not to lose sight of that. basis. In recent days, first the Gulf Co-operation Council Turning to the European Council, I want to focus on and now the Arab League have called for a no-fly zone. three issues: the military options available to the In terms of the European Council, of course, the EU is international community regarding Libya, the wider not a military alliance and there is always a hesitation response to the Libyan crisis and the need to re-energise about discussing military options, but the Council expressed the middle east peace process. Let me take each issue in its turn. First, I welcome the clear and unequivocal statement “deep concern about attacks against civilians, including from the in the Council declaration that the Libyan regime should air” relinquish power immediately. As the Prime Minister and agreed that all member states should examine “all made clear in his statement, the situation in Libya is necessary options” for protecting the civilian population, grave and pressing. I said, when the Prime Minister first provided there was a demonstrable need, a clear legal publicly floated the idea of a no-fly zone two weeks ago, basis and support from the region. That was some that we welcomed the possibility. It is disappointing progress, especially compared with where Europe was in that Friday’s communiqué did not mention it, although advance of Friday’s Council, but we need to continue to it is, as he has said, encouraging that the Arab League win the argument for a strong response in the international has expressed support for it. In view of the gravity and community—Europe included. Along with others in urgency of the situation, and to win greater support for the United Nations Security Council, the UK is following the idea, it seems to us that the priority must be to up urgently the lead given by the Arab League by drafting translate the no-fly zone phrase into a practical plan. To a resolution that sets out the next measures that need to that end, may I ask what progress has been made since be taken, including the option of a no-fly zone. Included he asked the Ministry of Defence to draw up such a in the resolution, in our view, should be much tougher plan two weeks ago? Specifically, was such a plan presented measures against mercenaries and the states from which by the UK at the NATO Defence Ministers meeting last they come, as well as against others who are attempting Thursday or by him at the European Council? On the to breach the sanctions and assist Gaddafi. European Council, may I ask whether the ambivalence Every day, Gaddafi is brutalising his own people. among our EU partners is based on opposition to a Time is of the essence and there should be no let-up in no-fly zone in principle or is because of practical doubts the pressure we put on this regime. I am clear where the about the workability of such a proposal? Can he give British national interest lies. It is in our interest to see us a clearer picture, because that is necessary to win the growth of open societies and the building blocks of broader support, of what he believes the no-fly zone democracy in north Africa and the middle east. When would involve and, furthermore, whether it is contingent it comes to Libya, we should be clear about what is on the US Government’s participation, given that some happening. We have seen the uprising of a people against parts of the Administration have expressed reservations a brutal dictator and it will send a dreadful signal if about the idea? their legitimate aspirations are crushed, not least to On timing, I note that the Prime Minister repeated others striving for democracy across the region. To his statement of last week that the UK is now working those who say it is nothing to do with us, I would simply on a new Security Council resolution, which I welcome. respond, “Do we want a situation where a failed pariah Given the urgency of the situation, to which he rightly state festers on Europe’s southern border, potentially drew attention, what is his best judgment about when threatening our security, pushing people across the such a resolution will be tabled? Above all, may I Mediterranean and creating a more dangerous and emphasise to him the importance of matching what is uncertain world for Britain and for all our allies as well said in public with the diplomatic spadework needed to as for the people of Libya?” Of course we do not want win international support for a practical and legal plan? that, and that is why Britain is and will remain at the I have one more question on the military options that forefront of the response to this crisis. I commend this are available. Given the position expressed by the former statement to the House. Foreign Secretary, the right hon. and learned Member for Kensington (Sir ), this morning on Edward Miliband (Doncaster North) (Lab): May I providing arms to some of the rebels against Colonel start by associating myself with the Prime Minister’s Gaddafi, what is the Government’s position on the remarks about the Japanese earthquake and tsunami? legality and wisdom of that idea? The tragedy that has hit that country is of almost Secondly, let me turn to the other actions that we can unimaginable horror and scale, as all of us will have felt take. I welcome what the Prime Minister said about after seeing the pictures on our television screens over asset freezes and sanctions. May I make a further 29 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 30 suggestion? To maximise pressure on the regime, have The right hon. Gentleman asked why some EU countries the Government made any formal communication to were more sceptical than others, and why they opposed the International Criminal Court to impress on Libyan the proposal. As he knows, 21 of the 27 are members of leaders and commanders the importance of individual the NATO, which made it clear that this should be accountability for the commissioning and carrying out looked at. Many in Europe, as elsewhere, have made it of crimes against humanity? If he has not done so—and clear that we must make sure that we learn lessons from I believe that it is open to individual countries to do . My argument is that no two situations are the this—may I suggest that he looks into the UK Government same. We can listen to any number of experts who will doing so? warn about what happened in different places in different On the humanitarian crisis, to which the Prime Minister times, but what we are seeing in Libya is different. It is referred, may I ask him whether the Department for an uprising of a people against a leader, and it is quite International Development is planning to provide additional different. No one is talking about invasions, boots on support to other multilateral organisations such as the the ground and the rest of it. When a resolution should World Food Programme and the United Nations High be put forward will depend on the support that can be Commissioner for Refugees? guaranteed for such a resolution in the UN, but what has happened with the Arab League and the Gulf Thirdly and finally, may I discuss briefly the middle Co-operation Council is very encouraging. east peace process? He and I both had the chance last week to meet President Abbas during his visit to . On the question raised by my right hon. and learned May I reiterate to the Prime Minister something with Friend the Member for Kensington (Sir Malcolm Rifkind), which I know he agrees—the central importance of not the former Foreign Secretary, about arming the rebels, I losing sight of that issue as other, more immediate crises repeat what the Foreign Secretary said this morning. We face us. Will the Prime Minister therefore tell us what should not exclude various possibilities, and there is an discussions took place at the European Council about argument to be made, but there are important legal, how the EU can help to get the peace process back on practical and other issues that would have to be resolved, track? In particular, what representations have been including the UN arms embargo. We should also be made to the following its recent veto of clear that there is no single answer to speeding up the the UN resolution on settlements? process of removing Gaddafi. That is why we should urgently be pursuing a broad range of options through Finally, let me tell the Prime Minister that he and I the UN. are united in the view that this must be a moment when the European Union and the international community On the other actions that the right hon. Gentleman show they are more than the sum of their parts, whether mentioned—the International Criminal Court—I will it is on Libya specifically, north Africa or the middle certainly look at the idea of contacting the court directly. east peace process. I hope that he and other leaders will It seems most important to me that we make the point do all they can over the coming days and weeks to put publicly over and over again to all those people around in the hard work and diplomacy that can make that Gaddafi, working for Gaddafi, and in his army, that happen. they are being watched by the International Criminal Court. That is a message that we should do everything The Prime Minister: I thank the right hon. Gentleman we can to get across. for his questions, and I particularly welcome what he DFID has responded very quickly, both bilaterally said about Japan and the common ground there. On and multilaterally. We should be proud of the fact that nuclear, he is absolutely right that we should not rush to it was Britain which flew so many Egyptians on the judgment, but we should, as we have done, ask our Tunisian border back to Egypt and helped many hundreds experts where there are lessons to learn. of Bangladeshis as well. The right hon. Gentleman asked a range of questions On the point that the right hon. Gentleman makes about Libya, and let me try to take all of them. On the about the middle east peace process, that was discussed issue of no-fly zones, he said what support the Arab by the EU Council. We have made strong representations League had given, but the Secretary-General of the to other EU countries and also to the US that we must Arab League said very clearly: get that back on track. As the right hon. Gentleman “It is for the Security Council to take decisions as it sees fit. said, both of us met the Palestinian President when he What we did in the Arab League is make an official request to came to London recently. I was struck by something impose a no-fly zone on military activities against the Libyan that one of his advisers said—that if we really want people.” great progress and victory in combating terrorism and I think that that is a significant step forward. The right Islamic extremism, growth of democracy in the middle hon. Gentleman asked what work has been done. Obviously, east, plus a solution to the Palestine-Israel conflict, work has been done in the UK to look at options on would be the two things that could bring that victory how that could be done but, crucially, the work is now together. being done in NATO, which is right. He asked a question about what it would involve. I am afraid that the answer Sir Malcolm Rifkind (Kensington) (Con): Does the is that that would depend on exactly how large the Prime Minister agree that the Gaddafi regime has already no-fly zone was, whether it was operating round the internationalised the conflict in Libya by bringing in clock, which parts of the country it covered and so many hundreds of mercenaries, which is helping to put forth. However, it is perfectly practical and deliverable. pressure on the insurgents? Against that background, is Obviously, if it were to happen, if it is judged to have it not imperative that the international community should passed the milestones that we have set, it would be best be able to provide military supplies to the insurgents? if it were as widely supported as possible. It is something Of course, we must recognise the legality of the arms that no one country can do alone. embargo, but does the Prime Minister agree also that 31 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 32

[Sir Malcolm Rifkind] Given that the last two no-fly zones, in Bosnia and Iraq, both needed troops on the ground to follow behind the terms of the arms embargo resolution prevent arms them, what does he envisage will happen if a no-fly zone from being supplied to what is called the Libyan Arab is unsuccessful and Gaddafi remains in place? Jamahiriya—in other words, to the Gaddafi regime—and that it is perfectly possible to supply arms or other The Prime Minister: Obviously, a lot has been written equipment to those who are fighting that regime, especially and said about this issue, and I totally understand the as the resolution itself, through the appointment of a argument, but if we face a situation where there is a real sanctions committee, allows that sanctions committee danger of Gaddafi continuing to inflict devastation on to provide arms sales to other groups in Libya if it his people, and if the conditions set out have been met, thinks that appropriate? which are that there is a demonstrable need, regional support and a clear legal basis, it seems to me that this is The Prime Minister: My right hon. and learned Friend the right sort of step to consider. Of course, it is not a made a strong and persuasive argument in his newspaper solution to the problem, but I believe that it would have article this morning. I make three points. First, on the an effect on the ground. It might not be a decisive effect, issue of mercenaries, what is happening is unacceptable. but I think that there are strong arguments for taking We should be sending the clearest possible message to steps that further put pressure on Gaddafi, and I think those in Mali, Chad and elsewhere who are thinking of that this is a step that we should consider. We have volunteering as mercenaries, and we should put into the already taken a number of diplomatic and sanction next UN resolution the strongest possible language steps. I think that this is an additional step that could about mercenaries. Secondly, the same should apply to make a difference. policing the arms embargo against the Gaddafi regime, because there are signs that he is seeking additional armaments right now. Thirdly, I hear clearly the argument Several hon. Members rose— —it is an ingenious argument that only a lawyer of my right hon. and learned Friend’s brilliance could make— Mr Speaker: Order. Approximately 50 Members are about the specific way the arms embargo was termed still seeking to catch my eye. I am keen to accommodate towards the country that Gaddafi effectively renamed, them, so brevity is of the essence. but I am not sure it is an opinion that is shared by all other lawyers. Mike Gapes (Ilford South) (Lab/Co-op): The Prime Minister referred to learning the lessons from Iraq. He Mr (Blackburn) (Lab): I was going to ask also said that time is of the essence. Does he agree that the Prime Minister about the nature of the duties on the , as Prime Minister, was right to introduce a Security Council. Five years ago, a high level working no-fly zone to protect the Kurds and that, as a result, group established by the then Secretary-General, Kofi for 12 years Saddam was unable to attack them even Annan, recommended that the responsibilities—the though he remained in power in Baghdad? Is there not duties—of the Security Council should be broadened an argument today for the international community, from protecting international peace and security to a either collectively or only some of them, to protect the “responsibility to protect” populations from internal people of Benghazi? humanitarian disaster, even where that did not directly pose a threat across the borders of those countries. The Prime Minister: The hon. Gentleman makes a Does the Prime Minister agree that as well as the good point. I think that John Major was right, and I commendable action that the British Government are discussed this specific case with him over the past few taking to push the international community to deal days to make sure that we learn the lessons from that. with the immediate problem of Libya, we need to use That also relates to the question asked by my hon. this terrible example to press our partners internationally Friend the Member for Croydon South (Richard Ottaway). to broaden the remit of the Security Council so that we The point is this: we cannot do everything, but that never get another Bosnia or Rwanda or, maybe tragically, does not mean that we should not do anything. That is another Libya? the key, and we have to work out where to draw the line. I am very clear that a no-fly zone is something that we The Prime Minister: The right hon. Gentleman has should consider, because it may help to stop atrocities considerable expertise on this issue. The responsibility being committed against people who want a more to protect has been pushed forward and debated, and I democratic future. remember asking questions in opposition, at the time of problems in Burma and elsewhere, on whether it should be invoked. What the lawyers will advise, quite rightly, (Bermondsey and Old Southwark) is that things have moved on and changed since Bosnia. (LD): May I associate all my party colleagues with the It seems to me that one of the things we are trying to do condolences and sympathy expressed by the Prime Minister here is learn the lessons of Iraq and the lessons of for the people of Japan and with the support expressed Bosnia, where the international community was neither for all those coming to their aid? fast enough, nor indeed decisive enough in responding. On Libya, in addition to the sense of urgency that the Prime Minister has expressed on the no-fly zone, is he Richard Ottaway (Croydon South) (Con): I very much willing to pursue, as the crisis group in Brussels has agree with the Prime Minister’s proposals to make the recommended, a possible initiative for a ceasefire on the countries of the middle east bigger and more open ground in Libya so that a post-Gaddafi representative societies, but those of us with reservations about the and an appropriate regime could be discussed as urgently no-fly zone are concerned about where it will lead. as possible, as well as military action taken elsewhere? 33 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 34

The Prime Minister: We will of course listen and The Prime Minister made some perfectly valid points respond to all suggestions. It seems to me that the first about the differences between the UK and Japan, but thing that needs to happen is for Gaddafi to cease what the fact remains that their reactors are specifically designed he is doing and go. That is the only way Libya can have for Japanese, known seismic risk. Should that not give a secure future and that is what needs to happen. We us pause for thought about our own nuclear plans? should be asking ourselves, with our allies, the Arab League and the Gulf Co-operation Council, what more The Prime Minister: We have an excellent nuclear we can do to tighten the noose around Gaddafi and safety record in this country, but we should never be turn up the pressure to ensure that he feels it as strongly complacent. When any nuclear incident happens anywhere as possible. else in the world, we should immediately examine it and ask ourselves, “Does this have any implications for what Tony Lloyd (Manchester Central) (Lab): The Prime we do in the UK?” There are some important scientific Minister is right that the logic of a no-fly zone is to points to take into account, including the different prevent aggression by Gaddafi against innocent people reactors and seismic conditions that we have here, but in Benghazi or elsewhere. Is that not exactly the same nevertheless we will make sure that the gentleman I logic, though, of providing arms to those in opposition mentioned in my statement does the work properly. to Gaddafi—that it gives them the capacity to defend themselves against such aggression? What assessment Mr Roger Gale (North Thanet) (Con): My right hon. does the Prime Minister make of the urgency with Friend has commendably promoted action rather than which the international community will now deal with words. In remembering the lessons of Iraq, should we the legal issue? not remember also the lessons of Budapest in 1956 and the Prague spring? Is it not a fact that, when the western The Prime Minister: First, to deal with the issue of free world fails to act, defining moments are lost and urgency, there is a range of opinions on what is happening tyrants survive? on the ground in Libya, but it does seem as if the rebels have had some serious setbacks, so time could be relatively The Prime Minister: My hon. Friend speaks with short. The international community, therefore, needs to great passion about these issues. The point I would step up and quicken the pace of its response along the make about the lessons of Iraq, which a lot of people lines of some of the things that we have been suggesting. mention, is that no one here is talking about, and the Libyan opposition are not asking for, ground troops, In terms of whether a no-fly zone is better than other invasions or anything like that; they are asking for a options, I think we should pursue a range of options. I no-fly zone. But I think there is a lesson from Iraq, and put a no-fly zone on the table early on, because it takes it is this: if you talk to a lot of people in the Gulf, they planning and time to prepare for such a contingency. As will say, “If you don’t actually show your support for I said in relation to arming the rebels, and as the the Libyan people and for democracy at this time, in a Foreign Secretary said, we should not rule things out, way you’re saying you will intervene when it is only but there is a range of practical and legal difficulties, so about your security, but you won’t help when it is about the steps that we are pushing for at the UN, which our democracy,” We need to bear that in mind in involve not just a no-fly zone, but a range of other, drawing the lessons, as people say, from Iraq. diplomatic steps and pressures, including what I have said about mercenaries, are the right approach. Steve McCabe (Birmingham, Selly Oak) (Lab): Was there any discussion at the European Council about the (Mid ) (Con): I welcome the desirability of EU nations now recognising the opposition Prime Minister’s analysis, and his tying down of the as a legitimate power in Libya? conditions to proceed, but does he nevertheless agree that, welcome though the Arab League’s support is, The Prime Minister: There was a discussion about there will be a requirement on it to provide some of its that, and the Council’s conclusions talk about the Benghazi considerable air assets for a no-fly zone if the project is council being a legitimate political interlocutor, which is to have the wholehearted capability that it should? important. The French have obviously formally recognised that organisation. As for Britain’s position, as I am sure The Prime Minister: My hon. Friend makes an extremely the hon. Gentleman knows, we recognise countries rather important point. Everyone will have seen the words of than Governments, but we want a dialogue and to have the Arab League and of the Gulf Co-operation Council, contact with the Libyan opposition, so we will be going which are welcome, and it is—to some—an unexpected ahead with that. We do, however, have a different legal step that they are being so forthright in asking for a position of recognising countries, not Governments. no-fly zone, but my hon. Friend is absolutely right: were that to happen, it should go ahead on the basis of the Sir Peter Tapsell (Louth and Horncastle) (Con): Do broadest amount of international support and participation, President Obama and Chancellor Merkel support the and crucially that should include participation by Arab idea of an intervention in another Islamic state? states themselves, which do have the assets to bring to bear. The Prime Minister: My hon. Friend, who speaks with great passion about these things, puts it in a very Mr Mike Weir (Angus) (SNP): First and foremost, particular way. I have spoken with President Obama; he our thoughts are with the people of Japan at this said, very clearly, that he wants Gaddafi to go. Chancellor terrible time, and whatever our own views on nuclear Merkel signed up to a European Council statement that power we fervently hope that their engineers are able to Gaddafi should go. When we are talking about intervention bring under control the situation at Fukushima. here, we are talking about the world coming together, 35 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 36

[The Prime Minister] The Prime Minister: There is now an arms embargo that should be policed. As many hon. Members will having tough UN sanctions, putting in place a resolution, know, sometimes the problem with UN resolutions is turning up the pressure, and looking at possibilities like that we pass the resolution but we do not necessarily a no-fly zone that could help to protect the Libyan put in place the machinery to follow it up properly. people. As I said in my statement, it is not in our There is more that can be done through the UN on interests that we end up with Gaddafi still in power, in mercenaries, but there is also more that can be done on charge of what will become a pariah rogue state on the a bilateral basis whereby countries like Britain, and borders of Europe causing huge amounts of difficulty perhaps particularly France, because of its relations for everyone else. This is in our interests; it is not some with some of these countries, can make it absolutely great adventure that is being planned, if I may reassure clear how unacceptable it is to supply mercenaries. The my hon. Friend. message should go out to all those thinking about it that the world is watching, the International Criminal Mr David Winnick (Walsall North) (Lab): The United Court is watching, and that if you take part in war Nations Security Council is the right way to pursue this crimes, wherever you are, you can still be caught and matter. Was there any explanation at the European punished. Council meeting of the bombs, the torpedoes, the rockets and the missiles that have been sold to the Libyan (East Dunbartonshire) (LD): Does the regime by France, Italy and Germany—that is apart Prime Minister share my concern at the arrival of Saudi from what we have been selling up until the past few troops in Bahrain following the protests demanding weeks? What on earth did the Governments believe democratic reforms, which have already been met by those arms were going to be used against? tear gas and rubber bullets? Does he agree that those desiring democracy in Bahrain should have as much right to peaceful protest as those in Tunisia, Egypt and The Prime Minister: The hon. Gentleman is extremely Libya, regardless of whether Saudi Arabia approves? consistent in his line of questioning about this issue, and he is right to raise these questions. I think that all Governments and all countries are going to have to ask The Prime Minister: Of course, everyone should have themselves some quite searching questions about things the right to peaceful protest. In Bahrain, the King and that were sold and training that was given, and all the the Crown Prince have been making efforts to try to rest of it, and I will make sure that those questions are have movement towards a more open and democratic asked and answered here. But to be fair to the last society. Of course people will have debates about whether Government, I can understand absolutely why relations they are going far enough or fast enough, but they have were formed with Gaddafi after he gave up the weapons made that effort. Bahrain obviously has the difficulty of of mass destruction, although tragically not all of them quite a severe divide between some Sunni and Shi’a, have been destroyed or disposed of. The question is which can make the situation more difficult, but I hope whether we then went into a relationship that was too that they keep going down that path of reform, and not blind and unthinking, and there are some serious questions repression, which is the right track for these countries to ask about that. to take. Sir Gerald Kaufman (Manchester, Gorton) (Lab): Mr (Harwich and North Essex) (Con): Will the right hon. Gentleman join me in condemning I really think that my right hon. Friend deserves utterly the barbaric slaughter inflicted on the Fogel congratulations on the fact that a fortnight ago he was family in a west bank settlement over the weekend? virtually a lone voice in floating the idea of a no-fly Does he agree that no response to that savagery could zone, and now he has the support of the Arab League be more futile than the building of further settlements, and France. What exactly went on at the European and that the only way to stop this useless slaughter of Council? Who was Baroness Ashton speaking for? What innocent people—both Jews and Palestinians—is for mandate does she have to give her opinions? Should she Israel to sit down and talk? not serve the member states of the European Union rather than pretending to lead them? The Prime Minister: The right hon. Gentleman is entirely right. Like others, I read about that case over The Prime Minister: First, I thank my hon. Friend for the weekend and found what happened extremely his kind remarks, and the temptation to be pulled down disturbing. Anyone who has been to Jerusalem and seen a particular path about Baroness Ashton, who I think the settlement building, particularly around east Jerusalem, does a good job. The point that I would make is this: can understand why the Palestinians feel so strongly what happened on Friday, I think, is that there was a about building on their land. There is a danger of the rogue briefing by one of her spokespeople that she was two-state solution being built away if we are not careful. extremely embarrassed about and, to be fair to her, did That is why this Government have always taken a strong everything she possibly could to try to put right. But as view about the settlements. the old saying goes, a lie is halfway round the world before the truth has got its boots on. Mr Edward Leigh (Gainsborough) (Con): Is not one of the lessons of Afghanistan that arming insurgents Nic Dakin (Scunthorpe) (Lab): In several questions against a regime that we do not like can have incalculable the Prime Minister has reinforced the point he made in consequences? Is not the problem with the proposal to his statement that much tougher measures should be do so, and with a no-fly zone, that we could end up with taken against mercenaries and states from which they a prolonged civil war in which there would be mounting come. What sort of measures is he thinking of? moral pressure for us to send in ground troops? Will the 37 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 38

Prime Minister reassure the British people categorically on the Saudi forces who are firing on protesters on the that there is no question of our being dragged into streets of Saudi Arabia, who have travelled over the another war of attrition in the middle east? border into Yemen in the past, and who today are occupying parts of Bahrain in support of the Bahraini The Prime Minister: Let me try to reassure my hon. Government against their own protesters? Where is the Friend, and through him people who are concerned condemnation of Saudi Arabia for its human rights about this matter. There is no intention to get involved abuses and for its arrogance in its treatment of dissidents? in another war or to see an invasion or massive amounts of ground troops. That is not what is being looked at. The Prime Minister: I do not believe that the Government What is being looked at is how we can tighten the are being inconsistent. We have said throughout this pressure on an unacceptable, illegitimate regime to give that the response of Governments to aspirations for that country some chance of peaceful transition. We greater freedom and democracy—what we call the building would let down ourselves and the Libyan people if we blocks of democracy—should be reform and not repression. did nothing and said that it was all too difficult. My That applies right across the region. What is special hon. Friend’s point about Afghanistan is a good one, about Libya right now is that, as I have said, there is an but I would argue that the real lesson is that the mistake uprising of people against a brutal dictator who is of the west was to forget about Afghanistan and take its brutalising the people. In the international community, eyes off that country, rather than building and investing we should be asking ourselves, “What can we do?” We there when it was making progress. Instead we left it do not have a perfect answer, because there are red lines alone, and we have since suffered the consequences. that we are not prepared to cross, but in my view that is not an argument for doing nothing. Keith Vaz (Leicester East) (Lab): Was there any discussion at the European Council about the situation in Yemen? (Penrith and The Border) (Con): While The Prime Minister will know that the situation has welcoming the consensus on both sides of the House deteriorated badly, with violence spreading to many that we need a coalition and cannot freelance this, may I cities. It is surely not in anyone’s interests, apart from ask the Prime Minister what steps are being taken to al-Qaeda, for Yemen to drift into civil war. What can we bring Brazil, India, South Africa and other new members do to help the Yemeni Government to stabilise the of the Security Council on side with the no-fly zone? situation, but to continue with the reforms? The Prime Minister: My hon. Friend asks an extremely The Prime Minister: We did discuss the wider region. good question. Those discussions are actually ongoing, The country that is probably of the most concern at the and the UN Security Council is meeting as we speak. I moment is Yemen, which the right hon. Gentleman think that those who have been sceptical about needing often raises in this House. Again, it is clearly in our to take further action will be struck by what the Arab interests that the Yemeni Government respond with League and the Gulf Co-operation Council have said, reform rather than repression. Yemen is a particularly and by what the Libyan opposition themselves have special case because of the great presence of al-Qaeda said. If we were having this argument and the Arab and our need to encourage its Government to take on League was saying, “No, stay out, don’t help”, that the terrorism in their country. The situation is obviously would be a different situation, but that is not the case. I extremely difficult and we keep it under permanent hope that the Brazilians and others will look at what the review, not least to ensure that we keep safe the British Arab League is saying and say, “Actually, this is a citizens who are there. different situation and we need to give our support.” Mr Peter Bone (Wellingborough) (Con): Does the Prime Minister think there is a danger that by the time Yasmin Qureshi (Bolton South East) (Lab): I know the international community agrees to a no-fly zone, that the Prime Minister recognises the fact that the there will be no purpose for one? no-fly zone is not an easy option. In light of that, will he promise the House that if Britain decides to join in the imposition of a no-fly zone, the matter will be debated The Prime Minister: My hon. Friend makes a good and voted on in the House? point—the clock is ticking. There is a strong case for saying that time could get very short. I am not arguing, and do not think that anyone should argue, that a no-fly The Prime Minister: I made a statement two weeks zone is the silver bullet that will solve the whole problem. ago and I am making a statement today. We will have a It is just one of the many options that we should look at further debate later this week, and I want the House of to increase pressure on the regime and to help people on Commons to be regularly updated and to have every the ground. I raised it two weeks ago because a lot of opportunity to discuss, debate and, if it wants, vote on contingency planning is needed. I hope that that planning the matter. I do not think we are there yet, but we now can now be sped up. That is why we are pushing for it, have the excellent Backbench Business Committee, which including through the UN. Clearly, we have to make can arrange for days of debate and substantive motions, and win some arguments on the UN Security Council, so if the Government are not fast enough for the hon. where some will be very sceptical about the idea. Lady, there are other options.

Jeremy Corbyn (Islington North) (Lab): Will the Mr Julian Brazier (Canterbury) (Con): Does my right Prime Minister explain exactly what are his principles hon. Friend agree that a solution can be found before on condemnation and potential military intervention? time runs out only if it has an Arab face on it? Does he He has described his views on Libya. What is his view agree that the two ways in which it can have that are, 39 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 40

[Mr Julian Brazier] Mark Hendrick (Preston) (Lab/Co-op): Further to the question from the hon. Member for Wellingborough first, if weapons and ammunition are fairly rapidly (Mr Bone), has the Prime Minister assessed—or is he allowed to reach the rebels, who face an extremely aware of any such assessment—how soon a no-fly zone well-armed enemy, and secondly, as my hon. Friend the must be implemented for it not only to save civilians on Member for Mid Sussex (Nicholas Soames) suggested, the ground, but to change the course of events there? if the Egyptian and Saudi air forces are brought very much into the frame for any possible no-fly zone? The Prime Minister: That is a very good question. The Prime Minister: My hon. Friend speaks with The point is that a no-fly zone may not make a decisive great expertise about these matters. There is an Arab military difference, but it could make a difference. Clearly, face on this already because of what the Arab League the sooner it is put in place, the more difference it could and the Gulf Co-operation Council have said, and that make. However, the British Government are extremely makes a big difference. When we speak to Arab leaders clear that the three conditions must be in place—there in the Gulf, they are very clear—unanimous, even—that must be a legal basis, regional support and a demonstrable Gaddafi has to go, the regime cannot continue, it is not need. Clearly, if those three conditions are met and if legitimate and the situation is bad for the region. I think international partners want to go ahead, the sooner the there would be support were a no-fly zone to happen—not better, because the effect, which people can debate, will only verbal support but, I hope, military support as well. be that much the greater. I cannot be specific about the two countries that my hon. Friend mentions. Obviously Egypt has all sorts of Mark Pritchard (The Wrekin) (Con): May I offer the challenges in front of it at the moment, but I have had Prime Minister my full support and congratulate him personal strong support from other Gulf leaders on this on his leadership? What more can be done by the issue. international community, preferably through Arab countries, to ensure that Libyan opposition forces deliver a self-help Clive Efford (Eltham) (Lab): The fact that arms that no-fly zone by the provision of, and the giving of access could have been sold by this country and many other to, their own portable, shoulder-launched surface-to-air western countries are being used against the people missiles? That would provide a Libyan solution to what fighting for freedom in Libya highlights the unacceptable is primarily a Libyan problem, in addition to any future nature of the arms trade. Were there any discussions at UN no-fly zone. the European Union about the possibility of international agreement about who we should deal with regarding The Prime Minister: Clearly, while some of the military arms in the future, to prevent such circumstances from has remained loyal to Gaddafi, a lot of the military coming about? supports the rebels. Both sides in the conflict have a number of armaments, as my hon. Friend will have seen The Prime Minister: There was not that discussion at from the evidence. There are problems with arming the the European Council on Friday, because we were really rebels. I mentioned the legal situation in respect of the talking about the two issues of the immediate situation arms embargo, but there are practical problems and in Libya and the neighbourhood policy that Europe questions about how quickly arming rebels would lead should have towards north Africa and countries that to any material effect. We can look at that, and we do are yearning for democracy. not rule it out, but we should focus our efforts on the The hon. Gentleman is right to say that we have to diplomatic efforts—the isolation of Libya—and on the consider such issues closely. I do not believe that the contingency plans, such as a no-fly zone. arms trade is always and everywhere a bad thing, because small countries have a right to defend themselves. A responsible trade, properly regulated, is acceptable, but Mr Andy Slaughter (Hammersmith) (Lab): I thank although we have some of the toughest rules, we have the Prime Minister for his comments on settlement to ask ourselves, “Are they working, and how can we building, but what are the Government doing to assist improve on them?” the people of Egypt? Egypt is still a military-run state. We should not sell it arms, but assist it to build civil society, political parties and the rule of law. How can Mr William Cash (Stone) (Con): The Prime Minister the Government assist in those aims? will understand if I tell him that I was a little troubled to hear him say that we would police the arms embargo. Should we not use political will rather than legal ingenuity The Prime Minister: We are assisting the Egyptian to ensure that arms go to help those who are resisting people at this time—we hope—of transition. When I that dreadful tyrant? went to Cairo, I met Field Marshal Tantawi, the interim leader of that country. While we obviously want to see The Prime Minister: As I have said in answer to civilian democratic rule, and while there is at least the several hon. Members, we do not rule those things out. chance of a transition, which we are doing everything We will look closely at the arguments, but clearly, when we can to help, one should not be too unfair about the a UN arms embargo is in place, there are legal and Egyptian military’s role in ensuring that Mubarak left practical problems with going down a different track. office. I have spoken to the new Prime Minister in Egypt. We should focus on the pressures that we can put on the Our embassy, which is very well staffed and organised, Gaddafi regime. We should not rule out other possibilities is arranging a number of political contacts to ensure —we can discuss those with allies—but they are not that we do everything to help that country with its immediately on the table. growth towards democracy. 41 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 42

Duncan Hames (Chippenham) (LD): Regional support particular. One can make all sorts of arguments about has now been given, and the need is demonstrated. Five whether the arms embargo should have been lifted, or years ago, Heads of State at the UN General Assembly whether there should have been tougher action earlier agreed that they against the Serbs, but the most important lesson was “are prepared to take collective action, in a timely and decisive that the international community has to be engaged and manner, through the Security Council…should…national authorities decisive at an earlier stage. That is the lesson that we manifestly fail to protect their populations.” should learn. Is it not time that the Security Council acted collectively to protect the people of Libya? Geoffrey Clifton-Brown (The Cotswolds) (Con): In welcoming my right hon. Friend’s stance in leading the The Prime Minister: The hon. Gentleman puts his international community in taking difficult decisions point very strongly. We hope that the Security Council against Gaddafi, will he remind it that Gaddafi has takes such action. There is now a discussion in the form? He launched a brutal military takeover in 1968 Security Council, and clearly, we must make the arguments and became the leader of a pariah state that tried to as best we can. We can make points about the conditions acquire nuclear weapons in the 1970s and 1980s. Is it that must be fulfilled before a no-fly zone comes into not imperative that the international community takes operation, but we should put forward other proposals, action now? such as sanctions, asset bans and all the rest of it, that can add to pressure on the regime. We should not see one thing as a silver bullet, because there is no silver The Prime Minister: This is an important point for bullet—it is about ramping up the pressure. people who are traditionally sceptical about these sorts of measures. We should consider what life could be like Chris Leslie (Nottingham East) (Lab/Co-op): There with a Gaddafi in charge of a pariah Libyan state, with are many dimensions to the tragedy in Japan, but on the all the oil money it would have and all the ability it lessons to be learned for emergency planning, surely would have to wreak havoc internationally. We know one of the issues that is starting to become clear in what this man is capable of, because we have seen it in terms of nuclear facilities is the inability of back-up the past with Lockerbie and all the other problems, not systems adequately to pump around coolant when the least his funding of the IRA. primary systems fail. Will the Prime Minister ensure that the Health and Safety Executive properly stress Mr Andrew Love (Edmonton) (Lab/Co-op): On the tests our current and planned nuclear facilities? one hand, the Prime Minister has been urged to take action as soon as possible, because of the urgency of The Prime Minister: The hon. Gentleman makes a the situation; on the other, he has been asked to follow good point. I am sure that the head of the nuclear the UN track. He has indicated that the Arab League inspectorate, who is doing this report for us, will look at and, as far as we can judge, internal opinion in Libya this issue. As I understand it, it was a legitimate issue in support a no-fly zone. Will he recommit himself to Japan, where the combination of the earthquake and ensuring that we get the legitimacy of a UN Security the tsunami meant that the systems were so severely Council resolution before action is taken? tested. We have to stress test all our arrangements— although obviously in different circumstances on the The Prime Minister: Obviously, we want to have the ground—as toughly as we can. widest possible international support. Also, we should not proceed without a proper legal basis. The hon. Tony Baldry (Banbury) (Con): Will my right hon. Gentleman mentions the Libyan opposition. They have Friend confirm that the Government intend that sooner made it absolutely clear in what they said that they want or later Gaddafi and those closest to him who are most a no-fly zone and to have this sort of international responsible for attacks on civilians and crimes against support. humanity will be held to account by the International Criminal Court? Andrew Bridgen (North West ) (Con): The Prime Minister: Yes, I can certainly make that Does not the welcome support of the Arab League for a point. It is a very strong point. We talk about pressurising no-fly zone show that the Prime Minister was both the regime, but we also want to isolate it. Anyone forward thinking and right when he proposed it two around or thinking of supporting Gaddafi should be weeks ago? Does not his stance on this issue contrast thinking about the long arm of the law, its long reach enormously with the Leader of the Opposition, who and its long memory, and I think that the International appears to have flip-flopped in a way reminiscent of his Criminal Court is very helpful in that regard. predecessor?

Ms Gisela Stuart (Birmingham, Edgbaston) (Lab): The Prime Minister: I thank my hon. Friend for what Learning from previous no-fly zones, will the Prime he says. The point I made two weeks ago was not that Minister confirm that with hindsight it was wrong in we should introduce a no-fly zone immediately, but that Bosnia to have insisted on an equality of sanctions and with such a situation we have to plan in advance for to have put in place rules of engagement that were not contingencies that may become necessary. I believe that specific enough about helicopters and trade planes? the time is coming when it will be necessary for the international community to step forward and make this The Prime Minister: The hon. Lady makes a point. decision. However, I do not pretend for a minute that it There are many lessons to learn from all stages of the is a one-shot wonder that will deal with the situation—it conflict in the former Yugoslavia, perhaps Bosnia in is not—but it could help. 43 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 44

Nick Smith (Blaenau Gwent) (Lab): Regarding the people back home to Egypt, because we want to ensure no-fly zone, the National Audit Office says we have just that a bad humanitarian situation does not become a eight Typhoon pilots trained for ground attack. The humanitarian crisis. His point about access to western lives of two Nimrods planned for early retirement have Libya is vital. Humanitarian aid agencies do not have been extended. Will the Prime Minister look again at access to all areas; they absolutely should have, and the the decision to retire our Harrier fleet? Libyan authorities should see to that straight away.

The Prime Minister: The aeroplane that is not being Thomas Docherty (Dunfermline and West Fife) (Lab): used at all in Afghanistan is the highly capable Typhoon, Leaving aside the juvenile and puerile crack from the in which this country has invested an enormous amount hon. Member for North West Leicestershire (Andrew of money and which is now proving to be an extremely Bridgen), the Prime Minister will know that there is a good, well-performing aircraft. In our defence review cross-party consensus on the need for a no-fly zone. we are thinking exactly about situations such as these, Given that time is of the essence, on how many occasions where we need highly flexible, well-trained armed forces, has he personally spoken to President Obama and on with investment in special forces, helicopters and transport how many occasions has the Foreign Secretary spoken planes such as the A400M. That is exactly the situation to Secretary of State Clinton? that we are envisaging. The Prime Minister: The Foreign Secretary has probably Jason McCartney (Colne Valley) (Con): Having served lost count of the number of times he has spoken to in Operation Warden in the no-fly zone over northern Secretary of State Clinton—they seem to have an almost Iraq in the 1990s, I echo the Prime Minister’s comments permanent telephone special relationship. I spoke to about how it is possible to have a successful no-fly zone President Obama about the situation last week, and I without committing ground troops. What does he think have had a number of conversations with him about it. of the suggestion made by one of my constituents—a Crucially, now that we have a National Security Council member of the Stop the War Coalition who e-mailed and a National Security Adviser—which slightly mirrors this lunchtime—of using financial funds seized from the Americans’ arrangements—our teams have almost the Gaddafi regime to buy arms for the rebels? daily conversations, so we are totally up to date with each other’s thinking. We want the US to focus on what The Prime Minister: I did not know about my hon. is happening in Libya and on what we need to do as an Friend’s brave record in flying for the Air Force in a international community. no-fly zone. He brings great personal expertise, so it is good to have his backing. The frozen resources belong Mark Lancaster (Milton Keynes North) (Con): In to the Libyan people, and we should bear that in mind the light of recent events, has the time come to expand when we start thinking of different and ingenious ways the stabilisation unit? of spending their money.

Paul Flynn (Newport West) (Lab): Should we not The Prime Minister: My hon. Friend makes a good avoid a rush to complacency on nuclear safety? The point. There is now special stabilisation funding, which pictures from Fukushima have already churned up people’s is under all sorts of pressure as there are so many deep-seated fears of a nuclear catastrophe and reduced unstable parts of the world. We looked at this in the the acceptability of nuclear installations, which are defence review, but we should keep it under review. uniquely dangerous in cases of human error, terrorist attack or natural disaster. Should we not look again at Paul Uppal (Wolverhampton South West) (Con): Is our rush to nuclear? not the tragic situation in Japan made even more acute by the country’s demographic time bomb? Like many The Prime Minister: We have to put aside our personal western European countries, Japan has an ageing preferences and prejudices about nuclear power and ask population. It is in times of need that we find out what some tough scientific questions about what recent events unites us rather than tears us apart, so will the Prime demonstrate and what we should learn. There are big Minister assure me that in this darkest of hours Japan differences between Japan and Britain. We do not yet will see the full force of British friendship and generosity? know the full extent of what has happened at the reactors, and, as the leader of the hon. Gentleman’s The Prime Minister: I can absolutely give my hon. party said, we should not rush to judgment in considering Friend that assurance. I spoke to our ambassador at these issues. lunchtime today, and he said that the way in which we respond will be very important to the Japanese people. (Macclesfield) (Con): I welcome the Japan and Britain have a very strong, close relationship, Prime Minister’s efforts to engage the international and we should do everything we can to say, “We are community in developing a robust response to the barbaric with you at this time of need, and we are going to give acts of Colonel Gaddafi. What steps are being taken to you aid and help.” Japan is an enormously capable provide humanitarian aid to displaced people in Libya, country with fantastic technology and ingenious people, especially in the increasingly isolated town of Misurata so if anyone can cope with the appalling things that in the west? have been visited on them, they can. There is also room for friends to help as well. The Prime Minister: My hon. Friend asks an important question. What we have done so far has focused on the (Stratford-on-Avon) (Con): Gaddafi Egyptian and Tunisian borders, where Britain has led winning would be the biggest nightmare for the Libyan the way in supplying tents and blankets and in flying people. Two weeks ago, the Prime Minister took the 45 Japan and the Middle East14 MARCH 2011 Japan and the Middle East 46 lead in calling for a no-fly zone, against the tide of The Prime Minister: The nuclear industry here in the public and media opinion. Now, however, the Arab UK has a strong safety record, but it must never be League and the Gulf Co-operation Council have supported complacent, because the consequences of failure can be a no-fly zone. Considering the difficulties in Europe on so dreadful. We have to be eternally vigilant. What has Friday, if similar difficulties were to occur in the UN, happened on the other side of the world following an would my right hon. Friend be prepared to lead a earthquake and a tsunami might sound like something coalition of the willing to enforce a no-fly zone? that we might not experience in the UK, but if there are lessons to learn about how reactors fail, whether they The Prime Minister: As I have said, the conditions for fail safe and all the rest of it, of course we should learn a no-fly zone must include the existence of regional them. support. Many hon. Members on both sides of the House have already made that point. There should also Mary Macleod (Brentford and Isleworth) (Con): I be a demonstrable need for it on the ground, and I think know that my right hon. Friend has visited Rwanda. that that is becoming the case. There must also be a During the genocide there, the UN retreated and the clear legal basis for it, and that is why we are pushing world stood by as thousands of lives were lost. Will he this matter at the UN and why we will, I hope, make reassure me that we will continue to show leadership on persuasive arguments about why a new UN resolution the Libyan situation, so that many lives will not be lost should include lots of different measures and steps that in the same way again? we can take, including plans for a no-fly zone. I think that we should pursue that track. The Prime Minister: The Rwandan example is a powerful one, partly because of the immense scale of the barbarous Neil Carmichael (Stroud) (Con): I applaud the Prime murder that took place. Anyone visiting that country, Minister for the leadership he has shown during this especially the memorial built on top of the graves of crisis. May I draw his attention to the problems of literally hundreds of thousands of people, will see it as a getting support for a no-fly zone, and to the disgraceful standing warning of the fact that genocide can take use of mercenaries? Is this not the time to have a debate place in our world, even today. on broadening the scope of the United Nations’ capacity to act? Mr John Baron (Basildon and Billericay) (Con): May I suggest a note of caution to my right hon. Friend about a no-fly zone? Our record of intervention in this The Prime Minister: This has been a perennial debate region has not been good. Meanwhile, a no-fly zone about whether the UN should have more specific capacity could require Colonel Gaddafi’s forces to be attacked to act. We can certainly have that debate. I would make and poses the question of what happens if we fail. the argument, which I also make about the European Union, that, in the end, all the institutions in the world depend on the political will of their members. What was The Prime Minister: Of course we have to show required on Friday in Europe—and we got some of caution and forethought and we have to think through it—was the political will for Europe to respond to what all the consequences of our action. As I have said, is happening in its neighbourhood. The same applies to however, I think the consequences of inaction are going the UN, and I think that there is political will there. It is to be worse than taking the sort of steps that I have incredible that a Security Council resolution was passed spoken about. Of course we must learn the lessons from so quickly, and we need to continue to show that other conflicts, but there is a real difference here: the political will so that we can ensure that Gaddafi fails. Arab League, the Gulf Co-operation Council and the Libyan opposition are all saying, “Please will you help us in this one particular way?”. Turning the Iraq example (Gillingham and Rainham) (Con): In on its head, if we turned round and said, “No, there is the light of the recent demands by the protesters in no question of this at all”, opinion in the Arab world Bahrain for the monarchy to step down and for the might well be, “You look after yourselves when it is setting up of an Islamic republic similar to that of Iran, about your perceived security, but when it is our future has the Prime Minister made any assessment of Iran’s and our democracy, where are you when we need you?” involvement in the events in Bahrain? Henry Smith (Crawley) (Con): Will the Prime Minister The Prime Minister: A number of people have speculated join me in paying tribute to fire and rescue service about that. From the information that I have, I would officers from , based in my constituency, say that the Bahrainis have made efforts, not just recently who are now in Japan helping with the relief effort after but over the years, to make a stronger civil society and the earthquake and tsunami—and, indeed, to all the to put in place some of the building blocks of democracy. emergency workers from this country who so readily go Of course there is an argument about whether they out to disaster areas around the world, whether it be should go further and faster, and I would urge that they Haiti, New Zealand or wherever? respond to what is happening now with further reform rather than with repression. The Prime Minister: I certainly take great pleasure in praising people in the emergency services from my hon. David Morris (Morecambe and Lunesdale) (Con): Friend’s constituency and, indeed, from around the Will my right hon. Friend give a categorical assurance whole country who, at the drop of a hat, jump on an to the nuclear power industry in the United Kingdom? aeroplane and head off to New Zealand, Haiti or Japan What has happened in Japan is catastrophic, but there and probably witness some appalling and truly harrowing are distinct differences between the nuclear power industry scenes, which they then have to deal with. This is more here and that of Japan. than just a gesture from Britain to Japan, as these are 47 Japan and the Middle East 14 MARCH 2011 48

[The Prime Minister] Points of Order some of the most highly trained people in our country 4.42 pm and are great experts in what they do. I am sure they will make a real difference. Jeremy Corbyn (Islington North) (Lab): On a point of order, Mr Speaker. During Defence questions, the Mr Speaker: I am grateful to the Prime Minister and Secretary of State outlined the amount of money spent the House. on Trident preparations. In a debate in Westminster Hall a couple of weeks ago, a Minister outlined the amount spent and said that it was custom and practice to do so. I want to know how I can find out under what authority that money is spent when all the Ministers seem to be incapable of identifying a budget head that would demonstrate that they are lawfully allowed to spend a certain amount on preparations for building a new nuclear submarine.

Mr Speaker: I am grateful to the hon. Gentleman for his point of order. My sense is that he will want to table further—I use that word advisedly, as I dare say he has already tabled them—parliamentary questions precisely to identify the point on which he wants a specific answer. I think that is probably about as much helpful advice as I can give today, but I see the Secretary of State for Defence in his place and he will have heard the concern expressed.

Andrew Bridgen (North West Leicestershire) (Con): On a point of order, Mr Speaker. With regard to the comments of the hon. Member for Dunfermline and West Fife (Thomas Docherty), who is no longer in his place, I urge all right hon. and hon. Members to consult the Hansard record for Prime Minister’s Question Time two weeks ago, which shows that there has been a considerable shift in the position of Labour Members on no-fly zones.

Mr Speaker: No. That is not a point of order. I yield to none in admiration for the attendance record and level of commitment that the hon. Member has shown over the past 10 months, but he must not abuse the point of order procedure to score what some people might well think is a purely partisan point. That is very untoward. I am sure he will not do that again. 49 14 MARCH 2011 Scotland Bill 50

Scotland Bill A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax charged on air travel.”.’. [2ND ALLOCATED DAY] New clause 17—Scottish corporation tax Further considered in Committee ‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted by section 30) insert— Chapter 7 [MR NIGEL EVANS in the Chair] Tax on profits of companies 80N Tax on profits of companies Clause 24 The Secretary of State shall, within one month of the coming into force of section 80B of this Act, lay in accordance with Type TAXATION: INTRODUCTORY A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax 4.45 pm charged on the profits of companies.”.’. Stewart Hosie (Dundee East) (SNP): I beg to move Stewart Hosie: It is a pleasure to serve under your amendment 37, page 16, line 17, at end insert— chairmanship on this second Committee day, Mr Evans. ‘(f) Chapter 8 provides for an Order in Council to specify, I look forward to what I hope will be a detailed and as an additional devolved tax, a duty charged on fuel’. constructive debate. Given that a Treasury Minister is present, we may receive some intelligent, enlightening The First Deputy Chairman of Ways and Means (Mr Nigel and instructive answers from the Government. I am Evans): With this it will be convenient to discuss the intrigued to see the Exchequer Secretary to the Treasury, following: along with the Secretary of State and a junior Minister, the Under-Secretary of State for Scotland. Obviously Amendment 58, page 16, line 17, at end insert— the Government decided to bring in the big guns to do ‘(c) Chapter 5 provides for an Order in Council to specify, the difficult stuff. I am sure that that will help over the as an additional devolved tax, a tax charged on next two days. quarrying or mining,’. Amendment 59, line 17, at end insert— There are four taxes that we wish to be devolved: corporation tax, fuel duty, the aggregates levy and air ‘(d) Chapter 6 provides for an Order in Council to specify, as an additional devolved tax, a tax relating to air passenger duty. I shall touch on the first two briefly, travel,’. and say a little more about the aggregates levy and air passenger duty later. Amendment 60, line 17, at end insert— ‘(e) Chapter 7 provides for an Order in Council to specify, The Bill has been considered by the Committee in the as an additional devolved tax, a tax charged on the Scottish Parliament. As Ministers know, there was much profits of companies,’. agreement on many matters, but there was disagreement New clause 8—Duty on fuel on a number of others, including corporation tax. I think it useful for this Committee to understand the ‘In Part 4A (as inserted by section 24), after Chapter 4 insert— minority view of the Scottish Committee, which said: “Chapter 8 “A major failing of the Scotland Bill is that it does not devolve Duty on Fuel control over corporation tax, one of the most important economic 80O Duty on fuel levers available to a Government pursuing economic growth. In The Secretary of State shall, within one month of the coming many countries corporation tax has been the key component of a into force of section 80B of this Act, lay in accordance with Type strategy to increase competitiveness and improve growth. Without A procedure as set out in Schedule 7 to this Act a draft Order in this power, however, Scotland is missing out on the opportunity Council which specifies as an additional devolved tax a duty on to give itself a competitive edge… This situation could soon be fuel.”.’. worsened by the UK Treasury’s consideration of devolving corporation tax to Northern Ireland. The CBI Northern Ireland New clause 15—Scottish tax on quarrying or mining has stated that cutting corporation tax in Northern Ireland would ‘In Part 4A of the 1998 Act (as inserted by section 24), after have a ‘transformational’ impact on the Northern Irish economy— Chapter 4 (inserted by section 30) insert— giving an immediate boost to the profits of businesses and generating Chapter 5 90,000 jobs. With control over corporation tax Scotland would be in a position” Tax on quarrying or mining to do much the same. The very fact that the United 80L Tax on quarrying or mining Kingdom Government were taking a similar approach The Secretary of State shall, within one month of the coming to corporation tax would justify that position, the into force of section 80B of this Act, lay in accordance with Type Committee said. A procedure as set out in Schedule 7 to this Act, a draft Order in Council which specifies as an additional devolved tax a tax As Scottish and other Members will know, a significant charged on quarrying or mining.”.’. body of business opinion backs the devolution of New clause 16—Scottish tax on air travel corporation tax— ‘In Part 4A of the 1998 Act (as inserted by section 24), after Chapter 4 (inserted by section 30) insert— Mr Brian H. Donohoe (Central Ayrshire) (Lab): Name him. Chapter 6 Tax on air travel Stewart Hosie: I did not want to take up too much 80M Tax on air travel time by listing all the business people in annexe A of the The Secretary of State shall, within one month of the coming Committee’s minority report, but I shall be happy to do into force of section 80B of this Act, lay in accordance with Type so if the hon. Gentleman wishes. 51 Scotland Bill14 MARCH 2011 Scotland Bill 52

[Stewart Hosie] so there was not an over-dependence on, and therefore a potential volatility from, having such a large amount It is not simply the business community that has of assigned revenue from a single tax. It would also be backed the devolution of corporation tax. A man who preferable if there was a personal tax and business is hugely respected across the political divide in Scotland taxes, so that they could be offset. It would also, of is Campbell Christie, the former leader of the Scottish course, be preferable to remove the perverse disincentive . He has said: under the Bill in respect of any future Scottish Government “Higher growth will create jobs and generate more tax revenues reducing income tax. Let us imagine that a Government to protect frontline public services, as well as repaying the high decided that, for whatever reason, that such a measure level of debt. To achieve this, Scotland’s government need greater might be sensible to stimulate growth, but the Scottish economic powers. But the Calman legislation does not meet this Government took the hit in reduced revenue yield from need.” income tax while the UK Government took the benefit of increased corporation tax. The effect of having only Fiona O’Donnell (East Lothian) (Lab): I cannot let a large personal tax, and not a significant business tax, the hon. Gentleman get away with saying that the is that it unfairly and unnecessarily removes the number business community in Scotland supports the devolution of economic or fiscal levers open to the Scottish of corporation tax. The Scottish Parliament Bill Committee Government. That is an important point. report clearly states that there was not widespread support from that community. Mr Donohoe: I had experience of the shipyards in the ’60s and ’70s, and we came upon something called Stewart Hosie: I did say that there was significant transfer price fixing, whereby companies in Scotland—and support in the business community, and I stand by that. elsewhere—would fiddle with the prices, such as those The one thing I will not do in the next two days is charged for gear boxes at Linwood. How would we engage in the politics of the Committee report. I want overcome that in practice, because I can foresee exactly to consider its recommendations, and indeed identify the same dangers arising under corporation tax? proposals to which there was opposition. There is certainly significant business support for the devolution of Stewart Hosie: The hon. Gentleman makes a very corporation tax, which will enable the right decisions to interesting point, which relates to what the Government be made to engender economic growth. say. They believe in tax competition, as do I, but we must avoid unnecessary tax or regulatory arbitrage Mr Donohoe: Will the hon. Gentleman give way? not just within the UK but between the UK and other countries. There is a balance to be struck between proper Stewart Hosie: Not at the moment. tax competition, which is legitimate and fair and proper Campbell Christie also said: to stimulate growth, and unnecessary changes simply to “I firmly believe a Scottish government equipped to vary all get a quick short-term fix in terms of the arbitrage, taxes—including corporation tax… would be able to tackle the which would be unhelpful. That highlights the analogy serious difficulties we face. with price fixing that the hon. Gentleman drew, and he I do not want a tax regime to be imposed on Scotland that is is right to be conscious of that. utterly unfair and inadequate to meet the challenges we face. I hope Scotland’s politicians will join me in opposing these unfair We rehearsed the arguments about fuel duty at some proposals.” length in our debate on the Supply day motion a few I hope that Members throughout the House will note weeks ago, so I do not intend to go into that in considerable carefully what Campbell Christie said about the devolution detail, but I will go into it in some detail. of that tax. Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) Fiona Bruce (Congleton) (Con): The hon. Gentleman (SNP): Is my hon. Friend aware that there is to be a says these proposals would be unfair, but one of the photo call on fuel outside Westminster at 2.30 tomorrow fairest things a Government can do when working with afternoon involving the Leader of the Opposition and the business community is ensure that businesses have the shadow Chancellor? Does that not remind my hon. time to prepare for change. At present, when there is Friend of a couple of sly foxes complaining there are no such a great priority on the economic strengthening of more chickens left in the coop? the nation, we need to work in a relationship of trust with the business community. Therefore, is it not unfair Stewart Hosie: That is the sort of analogy a crofter to suggest the introduction of this tax at this time? from Barra would want to draw. When in opposition, the Liberal part of this Tory-led coalition promised a Stewart Hosie: No, it is not, and if the hon. Lady rural fuel derogation and the Conservative part promised looks at later amendments she will find that an entire a fuel duty regulator, and instead of being foxes round a series of them is related to the commencement powers, chicken coop I would rather they both kept their promises precisely to ensure that the right things are done at the and delivered on their pre-election commitments. right time, with the agreement of everybody involved. We will consider that, and I hope the hon. Lady is still Mr MacNeil: Will my hon. Friend give way? present in the Chamber when we do so. Two specific corporation tax issues relate directly to Stewart Hosie: Not at the moment, because I want to the Bill’s provisions. Existing provisions allow assigned make a couple more points. revenue from a share of income tax—one large tax and As we have said in previous debates, this issue is a chunk from that, and lots of small measures. It would important because in Stornoway, in my hon. Friend’s be much better if there was a balanced basket of taxes, constituency, fuel routinely costs £6.50 a gallon; in the 53 Scotland Bill14 MARCH 2011 Scotland Bill 54

Chief Secretary’s constituency diesel routinely costs will provide important policy levers in relation to environmental £6.30 a gallon; in the major cities fuel costs more than issues, allowing the Scottish Parliament and Government further £1.33 a litre—more than £6 a gallon; and I am told that options in determining policy.” Orkney recently had the £7 gallon. Hon. Members will That makes perfect sense. Excluding two of the three know from the testimonials from the road haulage taxes in that “green taxes” category not only makes a industry, the Freight Transport Association, FairFuelUK, mockery of the Calman report, but, more importantly, taxi drivers, the Federation of Small Businesses and decreases financial accountability and removes what many others that businesses and communities are struggling Calman called “important policy levers”. with the inflationary effects of high fuel costs. Mr Donohoe: I have campaigned on this issue for Mr MacNeil: Tomorrow, the Leader of the Opposition some time, as has the aviation group within the House. and the shadow Chancellor will complain about the We have asked for this tax to be looked at because it is price of fuel, but is not the point that for years and just ridiculous, given what is happening in Europe. If years as the price of fuel rose they said not a cheep? the tax were to have been devolved, the Government’s They were utterly blind to the troubles we had in the position was that it should be devolved and there was to Western Isles when they were in government, but all of be a variant—one would presume that that is why the a sudden they want to say something . hon. Gentleman is asking for the tax—where would the money come from for any downward variation? Stewart Hosie: It was not that they were simply blind to it; members of the Labour party have said—I believe Stewart Hosie: I shall answer that when I come to air that their leader recently said this—that Labour found passenger duty, because it is a perfectly valid question. it difficult to implement a fuel duty regulator when they In general terms, if any Government chose to increase a were in power. It was not so much that Labour found it tax they would see an increase in yield or behavioural difficult as it actively opposed every attempt to do it. change. Likewise, if they chose to decrease a tax they would either see a reduction in yield or behavioural Mr Russell Brown (Dumfries and Galloway) (Lab): change. In the case of corporation tax, all the evidence Will the hon. Gentleman give way? in country after country shows that when business taxes have come down, business tax yield has increased. Those Stewart Hosie: Not at the moment. judgments would need to be made depending on the tax, the decision and the part of the economic cycle. Before I get too distracted, let me return to the Bill. The whole point about this amendment and our seeking the devolution of fuel duty powers is that we are not 5pm doing this for its own sake. Everyone understands the Let me carry on with aggregates tax before I get back difficulty, as we have raised it many times, so this is to air passenger duty. Calman went on to describe the about action. If the UK Government will not act, it is aggregates levy as perfectly reasonable for the powers to be devolved so “a tax on the commercial extraction in the UK of rock, sand and that a Scottish Government can act. gravel. Anyone who is responsible for commercially exploiting The two significant taxes dealt with in this first group aggregate in the UK is liable, and the levy is based on weight”— are the aggregates levy and air passenger duty. In written somewhere under £2 a tonne, and it evidence to the Scottish Affairs Committee, Professor “came into effect in 2002, and was introduced to address, by Iain McLean said: taxation, the environmental costs associated with quarrying operations “I am not persuaded by the UK Government’s reasons for (noise, dust, visual intrusion”— rejecting Calman’s other two tax devolution proposals, namely and so on. He went on: Aggregates Levy and Air Passenger Duty. As Scottish Ministers have correctly pointed out, the litigation which is given as a “It is also intended to reduce demand for aggregate and reason for rejecting the transfer of Aggregates Levy was already encourage the use of alternative materials where possible.” in progress when Calman reported. If Scotland is willing to take Those were sensible policy objectives. Calman said: any revenue risk arising from that litigation, it should be allowed “The levy is usually applied to quarry operators, but it can be to.” shifted to customers or users of the aggregate—the key distinction Likewise, the fact that the UK government intends to convert being where it is commercially exploited. The Aggregates Levy air passenger duty into a ‘per plane’ duty argues for, not against, also applies to aggregates drawn from the seabed in UK territorial devolving it. The principle of subsidiarity implies that the Scottish waters and to imports. Government, not the UK Government, should decide how to tax At the time of its introduction, it was envisaged that the flights originating at small Highland or island airports. Airports Aggregates Levy would not represent a gain to the UK Exchequer don’t move. They are a very suitable devolved tax base.” because it would be offset by a 0.1% reduction to employer NICs On aggregates duty, Professor McLean said: and payments to devolved Aggregates Levy Sustainability Funds.” “The shape of landfill tax is obviously complementary to that A number of concessions to the levy already apply in of (any successor to) Aggregates Levy.” Northern Ireland, so it could sensibly be argued that it Landfill tax is being devolved, so the approach being already operates differently within different parts of the taken here is rather illogical. It is also a key recommendation UK, which makes it much more bizarre that it is not of the Scottish Parliament’s Committee that aggregates being devolved at this time. Like landfill tax, the aggregates tax is devolved. The final Calman commission report levy clearly accesses what is known as an immobile tax said: base—quarries tend not to move—hence the commission “The Commission has recommended that a number of “green believed that it would be suitable for devolution. The taxes” (Air Passenger Duty, Landfill Tax and the Aggregates SNP agrees and that is a firm recommendation of the Levy) be devolved. As well as helping to increase the financial Scottish Parliament Committee that considered this accountability of the Scottish Parliament, control of these taxes matter. 55 Scotland Bill14 MARCH 2011 Scotland Bill 56

Calman described air passenger duty in a similar Iain Stewart: Not that Mr Hague—this one is spelt manner. He said that it was Haig. I think the Foreign Secretary is rather preoccupied “an excise duty which is charged on the carriage, from a UK with matters elsewhere in the world. airport, of chargeable passengers on chargeable aircraft. It is paid My Mr Haig said, of the First Minister’s comments by the aircraft operator…Presently, there are four rates of duty, about free tertiary education in his interview on the depending on the destination of the flight and the class of travel” Andrew Marr programme yesterday: starting at £10. He went on: “What is it the Scots go without that we the English enjoy? “The 2008 Pre-Budget Report announced reforms…from a More and more people I speak to are seething with this unfairness, two-distance band regime to a four-distance band regime, set at especially in the current financial climate. How is it the Scots can 2,000 mile intervals from London” afford this, and the English cannot? They even have an extra layer to the capitals of other countries. It of government, and are able to afford that as well. Mr Stewart, English nationalism is going to rise slowly but surely over this. “is not payable on flights departing from airports in the Scottish Your government cannot ignore this, otherwise you are going to Highlands and Islands”, create a fracture in the union, and the SNP’s most ardent supporters which of course means that it is already functioning for independence are going to be the English.” differently in one part of the UK from the rest, just like I agree. I am a Unionist and I want the Union to the aggregates levy, but: survive. The hon. Members for Perth and North Perthshire “Flights from other areas of the UK to airports in this region (Pete Wishart), for Dundee East (Stewart Hosie) and are liable.” for Banff and Buchan (Dr Whiteford) might support In 2006-07, that brought in about £94 million—quite a our doing nothing to increase support for their ultimate limited amount. Calman went on: aim, but I do not. “Assuming the devolution, and thus the potential application of different rates in Scotland than elsewhere…did not conflict Mr Russell Brown: I suggest that the hon. Gentleman with EU law, we think the devolution of APD would not be responds to his constituent by making him fully aware associated with administrative or economic inefficiencies and is of what the Scottish block grant is. If the Administration therefore potentially achievable.” in Edinburgh decide to spend money in one fashion, The SNP agrees entirely. The argument against that is there is no extra funding for it north of the border. In that the Government have APD under review and would paying for one thing, we are sacrificing something else. not devolve it at the present time, and the Scottish Could that be a starting point for the hon. Gentleman? Parliament Committee broadly shares that view and has recommended that it is devolved after the Government have completed their review. On the Scottish National Iain Stewart: I agree with much of what the hon. party Benches, we prefer the opinion of Professor McLean, Gentleman says, but if the Scottish Parliament were who said that responsible for raising more of its revenue, such arguments would diminish. I think it is right to give it the flexibility “the fact that the UK government intends to convert air passenger duty into a ‘per plane’ duty argues for, not against, devolving it.” to raise additional revenue, if it so wishes, to fund extra programmes in Scotland from which my constituents Our amendments and the new clauses associated with south of the border may not benefit. them lay out the mechanism to complete that devolution. They are very simple amendments and follow the process I agree with the incremental steps proposed in clause 24. set out in schedule 7 to the Scotland Act 1998— We are for the first time starting to disaggregate the unitary tax system in the United Kingdom. That will have many consequences, some of which will be unforeseen, Fiona O’Donnell: Will the hon. Gentleman give way? so we need to proceed with great care and attention to detail. I strongly welcome the proposal that we should Stewart Hosie: I am just about to finish. not rush to set up a completely new system in one go. In I commend the amendment to the House. particular, proposed new section 80B, which clause 24 introduces, contains a provision to allow the subsequent devolution of additional tax powers. That is the right Iain Stewart (Milton Keynes South) (Con): It is a way to go, rather than trying to devolve too much at this pleasure to serve under your chairmanship, Mr Evans. I stage. shall address the Scottish National party Members’ amendments in a moment, but first let me make an The hon. Member for Dundee East raised perfectly observation about this part of the Bill, particularly valid points about devolving other taxes, including air clause 24. I strongly support the proposal to devolve passenger duty, fuel duty and corporation tax, and we substantial tax powers to the Scottish Parliament, making might well come around to doing that in the fullness it responsible for raising approximately a third of its of time. The Scottish Parliament’s response to the Bill revenue. I shall not repeat the arguments I made on noted that Second Reading, but the principle of the Scottish Parliament “international experience does show some scope for differentiation raising a good part of its revenue is vital. If that does of corporation tax,” not happen, the threat to the Union will be very real. To and we may get to that point. However, there are huge underline that point, let me quote from an e-mail that difficulties and intricacies that we must first consider I received last night from a constituent, Mr Haig. It is about the operation of corporation tax. A later clause worth repeating a couple of the points he expressed. goes into some detail in defining a Scottish taxpayer for the purposes of the Bill and we would have to do Pete Wishart (Perth and North Perthshire) (SNP): something very similar for corporation tax. If a company He’s bored and is going to resign. were primarily located in Scotland but had its tax 57 Scotland Bill14 MARCH 2011 Scotland Bill 58 headquarters elsewhere, we would have to work out on Scottish Affairs and by Calman, and will make exactly which components of its income were liable for the Bill better. If we can divide the House, will Labour corporation tax. join us?

Stewart Hosie: I have heard the hon. Gentleman Ann McKechin: We certainly support the principle of make that argument before. He is being reasonable, and devolving the aggregates levy, but I wish to make sure is making a reasoned case, but I disagree with him. that when we scrutinise the Bill we do so in the interests However, does he accept the principle, in relation to the of the people of Scotland. There is genuine concern last point that he made, that tax liability would follow about court proceedings—interestingly, the hon. Gentleman economic activity? failed to mention the comments by the British Aggregates Association in the report on the legislative consent Iain Stewart: There will be huge consequences, some motion, which said that it was sure that it was going to foreseen, but others unforeseen. We would need to win the court case. Well, we will just have to see when undertake a huge amount of research to work out how that case comes to court. However, I would not want a to begin to disaggregate what has been a unitary UK Scottish Administration to be responsible for the risks tax system. I am not saying that it is impossible, or that that may result from a loss in that case, because that it is something that we should not look at in future, but would not be in the interests of the Scottish taxpayer. for the purposes of the Bill, I do not think that it is necessary, because clause 24 makes provision to look at The report by the Holyrood Committee offers an devolving additional tax powers in future. exceptional exposition of the contentious remarks made over a number of years by the Scottish Government I am not going to say anything more at this point, about why fiscal decentralisation would be to the benefit because I want to deal in detail with other measures of the Scottish economy. We support the measures in when we come on to the relevant clauses. Scottish the Bill, because we believe that they will make the National party Members have made a point about air Scottish Government and Scottish Parliament more passenger duty and landfill tax. I am perfectly content accountable to the taxpayer. They already benefit from that measures are being negotiated at European level uniquely broad spending powers, and the Bill rightly and elsewhere. Until they are resolved, it would be makes that power more accountable to the electorate. premature to include the devolution of those taxes in However, as the Committee knows, the Scottish the Bill. I accept that the Calman view was that those Government argued prior to the establishment of the matters should be devolved in the fullness of time, and I Committee at Holyrood that full fiscal decentralisation support that, but it is not necessary to include it at this would grow the Scottish economy by an extra 1% per point. I am therefore afraid that I cannot support the year. I refer hon. Members to paragraph 37 of that amendments if they are pressed to a vote. report, which states that “the First Minister’s claim—of an additional 1% growth per Ann McKechin (Glasgow North) (Lab): What a difference year—is an exaggerated version of what Professors Hughes Hallett a week makes, as we continue our scrutiny of the Bill and Scott have stated in their research.” after our sitting last Monday. On Thursday, we witnessed The Committee concluded that the evidential base a plenary debate in the Chamber at Holyrood on the for the statements made by Professors Hughes Hallett recommendations in the report on the legislative consent and Scott was, in its words, “remarkably weak” and that motion. At the conclusion of the debate, there was a claims did not stand up to scrutiny. The Scottish vote, and we witnessed a remarkable about-turn, as Government did not provide any detail in the legislative the Scottish National party supported the motion consent motion. recommended in the majority report. After two years of sniping on the sidelines, it has joined the three other major parties in Scotland to support the Bill, and I 5.15 pm genuinely welcome that. It is interesting that the Scottish National party is Who is surprised at the pattern that has emerged yet proposing two further taxes, fuel duty and corporation again? This is a party that did not join the constitutional tax, and spent, on my reckoning, just under 20 minutes convention, but supported the devolution referendum. presenting what is apparently a full case explaining why It came into power four years ago, promising that its those should be devolved to the Scottish Parliament. top aim above all others was a referendum on independence, That, again, follows a pattern. There are no costings, no which was then dropped. The interesting allegations in specification, and no material explaining the practical Wikipedia about the First Minister’s comments on the implications for taxpayers, employers and Scotland’s party’s real aims, rather than all-out independence, add financial sector, or the collection plans. to the mix the overwhelming conclusion that it can talk about independence as much as it wants, but the SNP Fiona O’Donnell: Is my hon. Friend aware that when has never been on the true side of the people of Scotland, the Scottish Affairs Committee played good cop to the which is why it constantly has to play catch-up. Holyrood Bill Committee’s bad cop, Professors Hughes We have had an interesting debate about fiscal Hallett and Scott went as far as to say that there was no decentralisation. real link between fiscal autonomy and economic growth, and that it is what is done with the powers that achieves Stewart Hosie: I am intrigued by the hon. Lady’s growth? introductory remarks. They bear no relation to the amendments, but that should not surprise us. Ann McKechin: My hon. Friend raises a pertinent There is indeed a very serious matter at stake. We point and one which even those who have argued for have tabled an amendment to devolve the aggregates fiscal decentralisation admitted in Committee, including levy, which is a recommendation by the Select Committee Ben Thomson from Reform Scotland, who had been a 59 Scotland Bill14 MARCH 2011 Scotland Bill 60

[Ann McKechin] the Scottish Government. Nevertheless, it is important to note that when Ireland introduced its policy it was in firm advocate of that policy. It was stated that all the a very weak economic position and the loss of revenue evidence showed that it is the powers that are available was relatively small, but that would not be the case and how they are used, and factors that are not purely for Scotland, which has a well-developed economy. If fiscal, such as technological progress, investment in corporation tax is devolved, EU state rules require that human capital and policies on education, that largely the devolved Administration must not be protected determine economic growth. Many of those powers are from the revenue consequences of their decision. already with the Scottish Government. It is clear that cutting corporation tax rates will cut revenue, at a minimum for some years, as suggested in Stewart Hosie: The hon. Lady asserted that no the Exchequer evidence to the Holyrood Committee: information had been provided. The Scottish Government “A 10% cut in corporation tax in Scotland might cost about provided an extraordinary amount of information, much £600 million per year for an indeterminate period.” of it at the request of the Scottish Affairs Committee, The hon. Member for Dundee East (Stewart Hosie) has and all of which, I understand, is in the annex to the full not specified what figure his party proposes for corporation report that it published, so that assertion was wrong. tax, what loss to the Exchequer will result and when his party believes it will recoup the loss. No one in Scotland Ann McKechin: The hon. Gentleman did not refer to will want us to vote on the issue until we have the any of that evidence in support of his amendments. He pertinent answers. also did not refer—why would he; it would be too embarrassing—to the purpose of the national conversation, The CBI and other business organisations have firmly which the Scottish Government instructed, and the stated that they are against differential rates within many position papers that civil servants were struggling the UK. Many of the experts who gave evidence to the to produce and make sense of, at considerable cost to Committee in Holyrood noted that it would create the Scottish taxpayer at a time when the resources could economic distortions—the brass-plating of booking profits have been much better used. through Scotland by manipulating transfer pricing. I refer Members to paragraph 54 of the Holyrood The hon. Gentleman provided us with no independent Committee’s report, which states: evidence or statistics showing how, if fuel duty is devolved to the Scottish Parliament, it will result in a benefit to “The Committee does not believe that Scotland should seek to maximise its tax income by becoming a tax haven for companies the taxpayer. The matter is urgent and we require immediate operating elsewhere in the UK.” action. That is why we have called on the Chancellor to reverse the Tory-led Government’s VAT rise immediately I entirely agree with that approach. and to suspend the fuel duty rise due in April. That Some evidence was given regarding the example of would provide immediate relief to taxpayers and to Switzerland, which has a highly federalised and separate drivers right across Scotland. That is the best way we tax system in its various cantons, but the Swiss example can help people with motoring costs now. points out that that would tend to lead to lower public The Calman Commission recommended that the power expenditure. Is this what the SNP proposes for Scotland? on aggregates be devolved. We support that principle. The people of Scotland need to know whether the The Government have indicated their intention to devolve answer is yes or no. Paragraph 494 of the Committee’s it, presumably on the assumption that the court case report states that Professor Anton Muscatelli noted will be decided in the Government’s favour. I would that the Swiss example is one where there has been welcome the Minister’s comments when he replies, to “a shift from corporate taxation to personal income taxation.” confirm that that is still the Government’s intention. He also pointed out that that is a volatile tax. It would be helpful to the Committee to understand Hon. Members will be aware of that volatility, which what progress has been made on the Government’s occurred after the 2007 fiscal crisis. The major payers review of air passenger duty, when they think that of corporation tax in this country are our banks and review will be complete, when they expect to be able to financial institutions. They took a huge hit in 2007-08 devolve the tax and whether they still wish to maintain and onwards. The cost for the Scottish public amounted the scheduled date of 2015. to £10,000 for every man, women and child in Scotland. New clause 17 relates to corporation tax, which the Where would those funds have come from if the Scottish Scottish Government have been talking about for a Government had had to bear the entire cost? Is the SNP considerable time. The pertinent questions that we all willing to allow Scottish public finances to take that must consider carefully are what exactly does the SNP level of risk? Is it saying that it wishes to see a cut in wish to do with the proposed power, where does it see taxes on banks? Yes or no? We have had no answer to the revenue gain coming from, and on what evidence is that either. Labour has argued that the banks are not that based. Do we follow the Irish example of having a paying an appropriate share towards deficit reduction super-low rate, or do we follow the view of the SNP in in this country and has again called today for the bank Edinburgh and have retail business levy proposals, which levy to be increased in the Budget. were very badly thought out and arbitrarily proposed In paragraph 505 of the Holyrood report, Professor without consultation? Are we a high-tax or low-tax Iain McLean, whom the hon. Member for Dundee East nation? Do we believe in high-quality, good value public quoted, points out that the Northern Ireland experience services, or do we want to have a lower public expenditure between 1920 and 1972, when corporation tax was base? devolved, was marked by widespread tax avoidance. Some people believe that Ireland is an exact example Many similar questions need to be asked, but at the for Scotland, but I argue that it certainly is not. Sadly, end of the day the SNP has failed to say what it wants we no longer have the arc of prosperity argument from to do with the tax, what kind of tax regime it wants in 61 Scotland Bill14 MARCH 2011 Scotland Bill 62

Scotland and what it proposes in relation to bank taxes: of Parliament, but in the Scottish Parliament, should is it for lower or higher taxes? Today, there has been the there be any difference in the levy’s impact on the sound of deafening silence. Exchequer. I have a number of questions to ask the Government On the calculation of the block grant, will the about clause 24 itself. They have still to respond in Government consider the Holyrood Committee’s proposals detail to the Holyrood Committee’s report, and given that the reduction in grant might be indexed to changes the timing of next week’s Budget I am sure the Exchequer in the income tax base for the rest of the UK? Will they Secretary has many other things in his basket. Does he consider also the principle of a formal review of the not agree that, given the considerable number of points grant reduction mechanism after 10 years, as the report that the report raises, we can anticipate at least some recommends? If Ministers were able to give us an substantive amendments from the Government? If so, indication of the Government’s view, that would be does he agree that, to ensure the maximum amount of helpful. What consideration have the Government given democratic scrutiny, they should be tabled prior to to the Holyrood Committee’s recommendation that Report, not simply left until the Bill arrives in the the transition period for the income tax powers and the House of Lords? calculation of the block grant reduction be reduced or done away with in its entirety if, for example, the Last week, the Government announced a consultation measures on the tax base are implemented? Finally, on the so-called Cadder clauses, which, as the Exchequer what consideration have the Government given to the Secretary is aware, were not part of the original Calman recommendation that while a flat-rate structure should commission. That consultation will continue until mid-May. be adopted initially, this decision must be carefully Does he not agree again that it would be better to evaluated as experience is gained of operating it? That postpone Report until it is complete in order to allow us simply follows from the experience of other devolved properly to scrutinise in the Commons this important Administrations in dealing with income tax. legislative and constitutional reform? I would welcome the Minister’s comments. We will vote against any move by the SNP on fuel duty or The Secretary of State for Scotland (Michael Moore): corporation tax. Apart from that, we will support the On the issue of section 57(2) of the 1998 Act and the Government’s clause. new clause or amendment that we will table to it, the hon. Lady is aware and has rightly highlighted that we 5.30 pm are undertaking a consultation. I am happy to say to her in public what I have said privately: she and members Mr Russell Brown: I did not intend to speak on the of other parties are very welcome to have discussions amendments tabled by the hon. Member for Dundee with officials to ensure that Members are aware of how East (Stewart Hosie), but I feel that some issues need that thinking is developed. Just to reassure her, anything to be addressed, and I want to put to him one or two that is introduced in another place will come back here questions about fuel duty that I hope he will answer for proper and thorough scrutiny in due course. when he responds to the debate. I am sure that no one in the Chamber does not Ann McKechin: I am grateful to the Secretary of recognise how difficult this issue has become for motorists State for his remarks, but I would prefer to have the in any part of the UK—particularly, I recognise, for earliest possible scrutiny in the House of Commons, those in the northern and western isles. However, when and I certainly hope that the House will be allowed at I look at the whole concept of devolving this additional the very minimum a proper period in which to scrutinise tax on fuel duty, I wonder, in all honesty, whether the properly any amendments or new clauses that are introduced proposal would have been before us if fuel prices at the in the House of Lords, because this is an important pumps were not so expensive. The hon. Gentleman has constitutional issue. It is technical, but it is important not given the slightest indication how this additional that this House has the time to debate and scrutinise it income would be used. More importantly, does he have properly, and that the public and the electorate know even a ballpark figure on how much would be raised that we have scrutinised it appropriately. in terms of additional taxation going to the Scottish Parliament? In a previous debate, he and I discussed the Do the Government agree with the Chartered Institute fuel duty stabiliser, of which he has been a great advocate. of Taxation that a mechanism might be required to As I pointed out to him, his advocacy has not always ensure that any future Scottish provisions do not conflict, been consistent, as there was one year when the SNP and to consider how future UK treaties and EU rules dropped the proposal. If he had his way and managed might affect the powers that we provide to Scotland in to get the amendment through, and the fuel duty charge the Bill? became a devolved issue, would he totally abandon the Proposed new section 80B of the 1998 Act appears to whole concept of a fuel duty stabiliser? include the possibility of devolving aggregates levy and I am not in favour of a fuel duty stabiliser, as I have air passenger duty in future. Will the Government confirm made clear to constituents who have corresponded with that the Scottish Parliament has a formal standing in me over recent weeks. I need only point to the campaign consenting to the Orders in Council referred to in that run by FairFuelUK, which has not given the slightest section? Air passenger duty might be considerably altered indication of what it thinks is a reasonable price for fuel by the time the review is complete, and that could be of and a reasonable level of duty. The wider public might significance to the revenue that can be anticipated from think that this is a tremendous idea, but I warn the Scotland. Air travel in Scotland has its own distinct Committee, as I have warned my constituents, to be features, particularly within Scotland itself and to the very careful. With the current fluctuating price of fuel— north and isles areas, so it is important that there is a crude oil—and the way that the marketplace is at the full and proper discussion not only here in the Houses moment, if a fuel duty stabiliser were suddenly introduced, 63 Scotland Bill14 MARCH 2011 Scotland Bill 64

[Mr Russell Brown] In contrast to the amendments tabled by the hon. Member for Dundee East (Stewart Hosie), the Bill we would end up with fuel pegged at a price that is offers real progress for Scotland and a recognition of all unsustainable. People filling up their cars are already that has been achieved at Holyrood. At the same time, it baulking at the whole concept of what they have to pay, offers the stability of remaining as part of the Union, and it is completely wrong to peg pump prices at a level which protects Scotland against some risks. The hon. that is unsustainable. Gentleman seemed to be disappointed by what he called I will also briefly mention the rural fuel derogation, the politics in the report of the Scottish Parliament’s about which the hon. Member for Na h-Eileanan an Iar Scotland Bill Committee. Perhaps, however, we should (Mr MacNeil), who is not with us, might have some look at the history of how we have come to this point. idea. I hope that the hon. Member for Dundee East will We had the Scottish constitutional convention and indicate the average mileage of someone living in the the Calman commission, both of which the hon. northern or the western isles. I recognise how painful Gentleman’s party declined to be part of. Those things it must be for people living in those localities to pay 10p stand in sharp contrast to the SNP’s own record, because or 15p per litre more than people on the mainland. the national conversation, which my hon. Friend the However, the pain that such people suffer if they do Member for Glasgow North (Ann McKechin) spoke 5,000 or 8,000 miles a year is comparable to that suffered about at some length, has delivered nothing for the by people in areas such as mine who have to do 15,000 people of Scotland or the Scottish Parliament. That or 20,000 miles a year, or more. Fuel prices are only one contrasts with what is on offer before the Committee element of motoring costs. People in some places pay today. Of course there is detail in the Bill that we need an astronomical price because of the miles that they the Government to iron out, but even the Bill Committee have to cover. On an annual basis, people on the islands in the Scottish Parliament—I believe it is the first time might not pay more; they might even pay less if they that a Committee of that type has been established, to have a low mileage. give the Bill the scrutiny that it deserves and merits—has acknowledged that there is time to work on some of the Mr Alan Reid (Argyll and Bute) (LD): The hon. details. Gentleman should not denigrate the fuel duty derogation in the way that he has. On large islands such as Mull We could fair see how all puffed up with pride the and Islay, people do a significant mileage. The use of hon. Gentleman was about all the amendments that he fuel is not just about the number of miles one drives; if had brought before us, but I have to say that I found his one drives on single track roads and has to stop and arguments unconvincing. The SNP had all the time that start all the time, one uses a lot more fuel. The important Calman was discussing a way forward to come up with thing is to get the derogation established on the islands some detailed proposals, and it had some weeks of the and to make it workable. It can then be extended to Scotland Bill Committee’s work in Holyrood, yet what remote parts of the mainland. do we see? A single piece of paper containing its proposals for lasting change and progress in Scotland. I am afraid Mr Brown: The hon. Gentleman, like so many people, that is the sum total of its contribution. has merely used the terminology of significant mileage. We need clarification. Will somebody in this Committee Stewart Hosie: This is very confusing. I am not please put figures on this? To a person on the islands, puffed up with pride; I am simply doing my job. We significant mileage may mean 5,000 or 6,000 miles. I have tabled amendments on capital borrowing, revenue appreciate how difficult it is for people living in remote, borrowing, corporation tax, fuel duty, air passenger rural localities. However, we are talking about finance— duty, aggregates duty and previously on air weapons, something that I am not an expert on, as I am sure hon. road safety, the coastguard and other matters. I believe Members know. We need to be clear in our minds about Labour’s substantive amendment would re-reserve some what we are doing here. food labelling powers. That is not a hugely impressive record. Mr Reid: Perhaps I can give the hon. Gentleman an indication of the distances involved. The distance from Fiona O’Donnell: I will withdraw my remark, then, Fionnphort on Mull to the largest town on the island, and acknowledge the humility that we have now heard Tobermory, is 50 miles. Somebody driving from Fionnphort from the hon. Gentleman. Up until 20 February, however, to the largest town on the island and back therefore we had seen none of the details of the SNP proposals. I travels 100 miles. have sometimes accused Conservative Members of shotgun Mr Brown: I appreciate the hon. Gentleman’s clarification legislation, and I have to level that accusation against of the distances that people travel. I believe that that him as well. will be important in the case that the Government are trying to make for a rural fuel derogation. I am not Sheila Gilmore (Edinburgh East) (Lab): Does my demeaning anyone, but saying that we need to be clear hon. Friend agree that one reason why we do not need when discussing finance what the situation will be. to table copious amendments is that we took part in the Those are the brief points that I wanted to make, and deliberations of the Calman commission and in all the I hope that we can get clarification before we vote on consultation related to it? these issues this evening. Fiona O’Donnell: I absolutely agree. The whole process Fiona O’Donnell: You may not have been present the has been about consultation, and at some point the last time I spoke on the Scotland Bill, Mr Walker, but it SNP has to admit that perhaps the reason why it has was my birthday. Every time I speak about the Scotland been outside the process, and why it had to file a Bill, it feels like my birthday. minority report, is that it is just plain wrong on this 65 Scotland Bill14 MARCH 2011 Scotland Bill 66 issue. I genuinely appeal to SNP Members to pause and is not an invitation to intervene—address the question consider whether Unionist parties would really advance of exactly whom the SNP consulted in drawing up its legislation that would put Scotland and the Union at proposals and how that took place. Consultation has risk. been the Labour party’s approach, but I suspect that it I am tempted to think that spring has come to the has not been the SNP approach. House, because what we have heard today is not the The Committee today has a clear choice on whether sound of chickens but the sound of constitutional to adopt a set of proposals that offer progress and cuckoos. That is what SNP Members are. They allow development for the Scottish Parliament and Government. others to do the work and build the nest, then they I very much hope that after 5 May, the Scottish Government come and try to throw our eggs out. will take advantage of all the levers at their disposal that encourage and foster economic growth in Scotland. Stewart Hosie: We are hearing some interesting analogies. At no point in the Bill’s progress or the Calman Commission Far from throwing the eggs or the chicks out of the has the case been made to advance the cause of full nest, we are bringing to the table today the aggregates fiscal autonomy for Scotland. I respect the SNP position, levy amendment recommended by the Committee in and I like them to be up front and honest about it. The the Scottish Parliament and by Calman. We hope to SNP wants independence—that is their one policy aim, divide the Committee on it today. Will the hon. Lady even if it seemed not to talk about it quite so much over join us in backing it? the weekend. The SNP would expose Scotland to those risks, whereas the Bill and the Calman Commission Fiona O’Donnell: My hon. Friend the Member for offer the opportunity for Scotland to have a mature Glasgow North has answered that question. If the hon. Parliament that takes responsibility at the same time Gentleman was not listening, or if he was not able to as spending money, and that will answer many of the follow it, I am afraid I cannot take responsibility for criticisms in the e-mail from Mr Haig to the hon. that. Member for Milton Keynes South (Iain Stewart). I will press on and talk about the SNP’s corporation If the amendment is pressed to a Division, I hope the tax proposals. Committee makes the right decision and recognises the achievements of the Bill, and that it rejects the SNP’s Pete Wishart: Will the hon. Lady give way? minority report and fantastical proposals.

Fiona O’Donnell: No, I would like to make some The Exchequer Secretary to the Treasury (Mr David progress and actually talk about the amendments. [HON. Gauke): It is a great pleasure to serve under your MEMBERS: “Come on!”] Oh, alright then. Don’t say I’m chairmanship, Mr Walker, and to respond to the debate not kind. on the proposed amendments to clause 24.

Pete Wishart: I am trying to understand Labour’s Pete Wishart: Just before the Minister starts, can he position on our amendments. They are what the Scottish explain why a Treasury Minister is replying to the Bill Committee and Calman agreed on, and we are debate when the Bill was presented by the Scotland providing an opportunity to put them to the vote today. Office? I know there are plans to do away with the Is she honestly saying that she will not take the opportunity useless Scotland Office, with which the SNP agrees, but to support her own case? does this situation just add flames to that particular fire? Fiona O’Donnell: This may not be something that the hon. Gentleman is used to hearing, but I am going to Mr Gauke: Perhaps the hon. Gentleman has read the tell him, “Not yet”. As my hon. Friend the Member for Command Paper, which was signed off by both the Glasgow North said, until we have a ruling and clarification, Secretary of State for Scotland and I. The debate relates there is a risk to the Scottish Government. That does to taxation, so it seems perfectly appropriate for a not mean withholding those powers for ever, but is Treasury Minister to respond. Indeed, I warmly welcome about protecting Scotland and looking out for its interests. the kind response I got from the hon. Gentleman’s colleague, the hon. Member for Dundee East (Stewart 5.45 pm Hosie). It is very unusual for me to be described as a “big gun” but I am none the less grateful for those On corporation tax, the hon. Member for Dundee words. The Scotland Office and the Treasury have worked East spoke about how he was in favour of tax competition. closely on the Bill, and in particular on the provisions It appears that the only trend available to the Scottish that we are debating, and I am pleased to continue that National party is a downward one—a race to the bottom. co-ordination. We must therefore ask how they will make up the shortfall in revenue. My hon. Friend the Member for Glasgow North spoke of an £600 million annual loss to Stewart Hosie rose— the Scottish economy for an indeterminate period. What will the SNP cut to make up for that? Will it cut Mr Gauke: I have never given way quite so often, but apprenticeships, health care or education? That question perhaps this is the way it works. has not been answered. We are also rather short on consultation, which is Stewart Hosie: The Minister suggests that he signed unsurprising given the SNP’s absence from the consultative off the Command Paper with the Secretary of State for process throughout the history of devolution. I will be Scotland, but the names on it are those of the Prime interested to hear the hon. Member for Dundee East—that Minister, the Deputy Prime Minister, the Secretary of 67 Scotland Bill14 MARCH 2011 Scotland Bill 68

[Stewart Hosie] Mr Gauke: The risk is this: should it be found subsequently that the aggregates levy, as currently State for Scotland and the Chief Secretary to the Treasury. constituted, is not legal, the loss of that revenue would I am sure the Minister’s name is in there somewhere, but be immediate and significant for the Scottish Government. it would be good if he could tell us where. The hon. Member for Dundee East referred to the special rates of aggregates levy in Northern Ireland, Mr Gauke: I only wish I could have signed it off—such and asked why they could not therefore be applied in is my enthusiasm for the Command Paper. I work closely Scotland. I make the point, however, that the Northern with my right hon. Friend the Chief Secretary, however, Ireland credit scheme was suspended on 1 December and the point I made was that the Treasury signed off owing to the legal challenges at the European courts. the Command Paper. We work happily as one Government, The confirmation sought by the hon. Member for so I am pleased to be able to respond to the amendments— Glasgow North is set out in the Command Paper assuming I now have the chance to do so. accompanying the Bill: once the aggregates levy has The Government’s proposals in the Bill facilitate the overcome the legal challenge, we will devolve it to largest transfer of power from the United Kingdom to Scotland. Clause 24 enables that to happen. Scotland since the creation of the UK. By devolving stamp duty land tax and the power to set a Scottish rate Mr Davidson: I am genuinely unclear about the point of income tax, the Scottish Parliament will be able to that the hon. Gentleman is making. I fail to see how the raise approximately one third of its own budget, thereby Scottish Government lose if the action results in the significantly improving its financial accountability. Only aggregates levy being ruled illegal. They do not have an last Thursday, the Scottish Parliament voted overwhelmingly aggregates levy at the moment. If it is transferred to to endorse the Bill—121 in favour, three against and them and then abolished, they will not have it either. one abstention. To devolve additional taxes now, as the Not losing something that they do not have already is hon. Member for Dundee East argues, without the not a deficiency. Would any additional risk result from consent of the Scottish Parliament would be thoroughly the transfer of the aggregates levy? inappropriate. There has been a long consultative process that both the UK Government and the Scottish Mr Gauke: The point is that there would be a reduction Government and Parliament have been through, so to in the block grant, because the revenues from the aggregates include the devolution of additional taxes now, on a levy would be going to the Scottish Government. If it whim, would not be the right course of action. was subsequently found that the aggregates levy in its current form was not legal, either we would have to As well as those general points, there are some specific readjust the block grant or the Scottish Government reasons why these taxes should not be devolved now in would have to bear the shortfall. the Bill. I shall deal with those in a little detail. First, on I shall move on to amendment 57 and new clause 16. amendment 37 and new clause 8, the Calman commission The Calman commission recommended the devolution did not recommend that fuel duty be devolved. It concluded of the UK’s air passenger duty, not a general power to that different fuel duty rates would make artificial tax air travel, which is what the amendment seeks. The opportunities for cross-border shopping, creating economic UK Government are exploring changes to their aviation distortions. More significantly, however, it highlighted tax system, as stated in last year’s June Budget, and will the EU energy products directive that sets a principle of look at devolution of this tax base in that future work. one rate of fuel duty per member state. Devolving fuel However, it is not appropriate to devolve aviation tax duty to the Scottish Parliament would require the EU until these changes have been explored, with any major to grant the UK a derogation from this directive, and changes subject to consultation, and a decision on the the Calman commission acknowledged that it would be future of UK aviation tax made. To do otherwise would unlikely to be granted. A contrast can be drawn with mean that the Scottish Parliament would have to plan the rural fuel discount derogation that the Government the future of their new tax without the context of the are pursuing. UK version. I would also like to answer the point about Amendment 58 and new clause 15 relate to quarrying the process of a new tax. Clause 24(6) provides that any and mining. Although the Calman commission new tax would need to be approved by the Scottish recommended devolving the aggregates levy, a tax on Parliament, under section 80B of the Scotland Act 1998. quarrying and mining is much wider and has not been That would clearly apply in these circumstances. endorsed by the Scottish Parliament. Even if the scope I turn to amendment 60 and new clause 17. The of the amendment was narrowed to devolve only aggregates Calman commission recommended that corporation extracted from the land, as Calman recommended, I tax not be devolved. The Scottish Parliament has endorsed would not accept it at this point. The aggregates levy is this, although it wants to stay engaged in any future currently under legal challenge in the EU courts, and it discussions on corporation tax devolution. Both the would be reckless to devolve it while the challenge Calman commission and the Scottish Parliament recognised remains. I will not devolve a tax to the Scottish Parliament very good reasons why not to devolve the tax. First, the where there is any risk that it could subsequently be Calman commission concluded that if comparable levels deemed to be illegal. That would be a substantial risk of public services were to be maintained, the scope for for the Scottish Parliament, which was the point made substantive reductions in the rate of corporation tax in by the hon. Member for Glasgow North (Ann McKechin). Scotland was limited, unless the Scottish Government are able to increase revenues from other sources. As the Mr Ian Davidson (Glasgow South West) (Lab/Co-op): hon. Member for Glasgow North said, under European Will the Minister clarify how it is reckless? What is the law there will have to be a reduction in the block grant element of risk involved were it to be transferred now to commensurate with the value of the reduction in the the Scottish Parliament? corporation tax rate. 69 Scotland Bill14 MARCH 2011 Scotland Bill 70

Secondly, the commission also believed that the potential Mr Gauke: My right hon. Friend the Secretary of administrative impacts of such a move were significant. State for Scotland addressed many of those issues earlier, The creation of compliance costs to businesses operating but let me make this point about the devolution of tax. on either side of the border, as well as the increased It is important to have the consent of the Scottish collection costs to the Government, would be undesirable Parliament, which is why we are proceeding as we are, in the present economic climate. which is not the approach of the Scottish National party. Neither this Government nor, I believe, the vast Jonathan Edwards (Carmarthen East and Dinefwr) majority of hon. Members would seriously consider (PC): The Exchequer Secretary might be aware that the making amendments that affected the powers of the Conservative economics commission in Wales has advocated Scottish Parliament without its consent. However, as the setting of corporation tax at a regional level. What has been said, devolution is a process, not an event. This does he say to that? is an enabling Bill. The Scottish Parliament can ask for additional tax powers over the course of time and have them duly considered. Clause 24 gives the power to add Mr Gauke: We will consider that. At the moment, new devolved taxes. The Command Paper accompanying however, we are concerned with Scotland and Wales in this Bill sets out the process for taking forward the particular. There is a slightly different issue with Northern devolution of the aggregates levy and air passenger Ireland, where the Government have not yet made a duty, but any future devolution must happen with the decision on the devolution of corporation tax. Clearly, wholehearted consent of the Scottish Parliament, not however, the circumstances in Northern Ireland are just following the proposals of a minority of Members different: it does not have a land border with the rest of of this House. Given that, I ask the hon. Member for the UK, but does have one with a country that has a Dundee East to withdraw his amendment. substantially lower rate of corporation tax. There are a number of detailed questions about how Stewart Hosie: Let me respond briefly to some of the some of these tax matters will be addressed. Various key points raised. The hon. Member for Dumfries and points arose from last week’s Scottish Parliament report, Galloway (Mr Brown) talked about a fuel duty regulator, and we will respond to those in due course. However, I as he has done on a number of occasions. He knows am keen that the joint exchequer committee—that is the very well the difficulties faced by hauliers and others in title suggested by the Scottish Parliament, and it is one the south-west of Scotland. He asked whether I would we are happy to take onboard—which will consider give up on the proposal in this place if it were delivered these matters in some detail, meets as soon as possible in Scotland. I said in my speech that if the UK Government after the Scottish elections and the formation of a would not deliver it, the powers should be devolved, so Scottish Government. We can then discuss some of that the Scottish Government could act. I simply want these matters and provide further details in the future. fair play on fuel. It is important that the power should be devolved, so that the Scottish Government can act if John Stevenson (Carlisle) (Con): Can the Minister the UK Government will not. assure me, as a Member representing a seat on the The hon. Member for East Lothian (Fiona O’Donnell) English side of the border, that such reviews will take made an interesting speech, as she always does. She into consideration the effects that any tax powers may valiantly tried to defend the lack of Labour attempts to have on the English side of the border, as well as the strengthen the Bill. She spoke in favour of Calman, but Scottish side? rejected one of the key Calman recommendations, which was the aggregates levy proposal. The hon. Member for Glasgow North (Ann McKechin) also made an interesting 6pm speech. She raised the notion of—I think—a £600 million loss every year if there was a 10p cut in corporation tax. Mr Gauke: It would be fair to point out that the No one has ever suggested an immediate 10p cut in Calman commission took into account some of those corporation tax. That was a straw man, set up to be issues, because—to take the examples of corporation knocked down, and bears no relation to the policy of tax or fuel duty—there could be significant issues with any party in this House. full devolution, and we will of course take into account the interests of all parts of the country. Ann McKechin: Perhaps the hon. Gentleman could clarify what rate of corporation tax he would propose if Pete Wishart: Will the Minister give way? the power was devolved.

Mr Gauke: I am hoping to wind up soon, but I shall Stewart Hosie: I would like it cut over a number of give way to the hon. Gentleman. years, taking the benefit of the announcement effect and taking advantage of the experience of other countries, Pete Wishart: Perhaps the Minister could answer the where, with modest changes on a downward spiral in question—a question that the hon. Member for Glasgow corporation tax, the business tax yield has increased. North (Ann McKechin) also raised—about the process That is very sensible and is, I think, what the current in which we are now involved. When are we likely to see Government have in mind. amendments that reflect the will of the Scottish Parliament’s Let me turn briefly to what the Minister said. He said Committee? Will they be introduced in the House of that the proposal would provide around one third of Lords? Like the hon. Lady, I would find that unacceptable: Scotland’s budget. That is similar to the figure of 35% such amendments have to be debated in this place. proposed by the Calman commission, but that included When will we be able to debate them in this House? all the revenue proposed by Calman, much of which is 71 Scotland Bill14 MARCH 2011 Scotland Bill 72

[Stewart Hosie] Davies, David T. C. Howarth, Mr Gerald (Monmouth) Howell, John not in the Scotland Bill. That figure was also calculated Davies, Glyn Hughes, rh Simon on a baseline that excluded capital expenditure from the Davies, Philip Huppert, Dr Julian Scottish budget. The Minister will find that the actual de Bois, Nick Hurd, Mr Nick percentage share is considerably lower. He said that the Dinenage, Caroline Jackson, Mr Stewart Djanogly, Mr Jonathan James, Margot Government would never seek to devolve taxes on a Donaldson, rh Mr Jeffrey M. Javid, Sajid whim. Let me assure him that we would certainly not Doyle-Price, Jackie Jenkin, Mr Bernard want to do that either. We would want to devolve taxes Drax, Richard Johnson, Gareth only to provide balance and a basket of taxes to mitigate Duddridge, James Johnson, Joseph against any volatility, which may well arise when the Duncan Smith, rh Mr Iain Jones, Andrew bulk of our assigned revenue comes from a single, Ellis, Michael Jones, Mr David personal tax. Ellison, Jane Jones, Mr Marcus I am not convinced by many of the arguments I have Ellwood, Mr Tobias Kawczynski, Daniel heard. There is a very strong case indeed for trying to Elphicke, Charlie Kelly, Chris push forward with the Calman proposals, particularly Eustice, George Kirby, Simon Evans, Graham Kwarteng, Kwasi on the aggregates levy, so I intend to divide the Committee Evans, Jonathan Laing, Mrs Eleanor on amendment 58, but for now I beg to ask leave to Evennett, Mr David Lamb, Norman withdraw the amendment. Fabricant, Michael Lancaster, Mark Amendment, by leave, withdrawn. Fallon, Michael Lansley, rh Mr Andrew Amendment proposed: 58, page 16, line 17, at end Farron, Tim Leadsom, Andrea insert— Featherstone, Lynne Lee, Jessica Field, Mr Mark Leech, Mr John ‘(c) Chapter 5 provides for an Order in Council to specify, Foster, rh Mr Don Lefroy, Jeremy as an additional devolved tax, a tax charged on Fox,rhDrLiam Leigh, Mr Edward quarrying or mining,’.—(Stewart Hosie.) Francois, rh Mr Mark Lewis, Brandon Question put, That the amendment be made. Freeman, George Lewis, Dr Julian Fullbrook, Lorraine Liddell-Grainger, Mr Ian The Committee divided: Ayes 8, Noes 292. Fuller, Richard Lidington, rh Mr David Division No. 222] [6.6 pm Gale, Mr Roger Lilley, rh Mr Peter Garnier, Mr Edward Lopresti, Jack AYES Garnier, Mark Lord, Jonathan Hosie, Stewart Weir, Mr Mike Gauke, Mr David Loughton, Tim George, Andrew Luff, Peter Llwyd, rh Mr Elfyn Whiteford, Dr Eilidh Lucas, Caroline Glen, John Lumley, Karen MacNeil, Mr Angus Brendan Tellers for the Ayes: Goldsmith, Zac Macleod, Mary Robertson, Angus Pete Wishart and Goodwill, Mr Robert Main, Mrs Anne Skinner, Mr Dennis Jonathan Edwards Graham, Richard May, rh Mrs Theresa Grant, Mrs Helen Maynard, Paul Gray, Mr James McCartney, Jason NOES Grayling, rh Chris McCartney, Karl Adams, Nigel Brady, Mr Graham Green, Damian McIntosh, Miss Anne Afriyie, Adam Brake, Tom Greening, Justine McLoughlin, rh Mr Patrick Aldous, Peter Bray, Angie Grieve, rh Mr Dominic McPartland, Stephen Andrew, Stuart Brazier, Mr Julian Griffiths, Andrew McVey, Esther Arbuthnot, rh Mr James Bridgen, Andrew Gummer, Ben Menzies, Mark Bacon, Mr Richard Brine, Mr Steve Gyimah, Mr Sam Mercer, Patrick Bagshawe, Ms Louise Brooke, Annette Halfon, Robert Metcalfe, Stephen Baker, Norman Bruce, Fiona Hames, Duncan Miller, Maria Baker, Steve Buckland, Mr Robert Hammond, Stephen Mills, Nigel Baldry, Tony Burns, rh Mr Simon Hancock, Matthew Moore, rh Michael Baldwin, Harriett Burrowes, Mr David Hancock, Mr Mike Mordaunt, Penny Barclay, Stephen Burstow, Paul Hands, Greg Morgan, Nicky Baron, Mr John Burt, Alistair Harper, Mr Mark Morris, Anne Marie Barwell, Gavin Burt, Lorely Harris, Rebecca Morris, David Bebb, Guto Byles, Dan Hart, Simon Morris, James Beith, rh Sir Alan Cable, rh Vince Haselhurst, rh Sir Alan Mosley, Stephen Bellingham, Mr Henry Carmichael, rh Mr Alistair Hayes, Mr John Mowat, David Benyon, Richard Carmichael, Neil Heald, Mr Oliver Mundell, rh David Beresford, Sir Paul Carswell, Mr Douglas Heath, Mr David Munt, Tessa Berry, Jake Cash, Mr William Heaton-Harris, Chris Murray, Sheryll Bingham, Andrew Chishti, Rehman Hemming, John Murrison, Dr Andrew Binley, Mr Brian Clark, rh Greg Henderson, Gordon Neill, Robert Birtwistle, Gordon Clarke, rh Mr Kenneth Herbert, rh Nick Newmark, Mr Brooks Blackman, Bob Clifton-Brown, Geoffrey Hinds, Damian Newton, Sarah Blackwood, Nicola Coffey, Dr Thérèse Hollingbery, George Nokes, Caroline Blunt, Mr Crispin Crabb, Stephen Hollobone, Mr Philip Norman, Jesse Boles, Nick Crockart, Mike Holloway, Mr Adam Nuttall, Mr David Bone, Mr Peter Crouch, Tracey Hopkins, Kris Offord, Mr Matthew Bradley, Karen Davey, Mr Edward Horwood, Martin Ollerenshaw, Eric 73 Scotland Bill14 MARCH 2011 Scotland Bill 74

Opperman, Guy Streeter, Mr Gary Will the Government also consider the Committee’s Ottaway, Richard Stride, Mel recommendations that the work of Her Majesty’s Revenue Patel, Priti Stuart, Mr Graham and Customs and the Office for Budget Responsibility Pawsey, Mark Stunell, Andrew be subjected to audit in respect of aspects of devolved Penning, Mike Sturdy, Julian taxes? If it is subject to audit and the Government have Penrose, John Swales, Ian thought about it, I should be grateful to find out Percy, Andrew Swayne, Mr Desmond Phillips, Stephen Swinson, Jo whether, in order to facilitate proper accountability to Pickles, rh Mr Eric Swire, rh Mr Hugo the UK Parliament and the Scottish Parliament, it Pincher, Christopher Syms, Mr Robert should be carried out by the National Audit Office or Poulter, Dr Daniel Tapsell, Sir Peter the Auditor General for Scotland, or both. It is important Prisk, Mr Mark Timpson, Mr Edward to clarify these points at an early stage. In debating the Pritchard, Mark Tomlinson, Justin previous group of amendments, the Minister spoke Pugh, John Turner, Mr Andrew about the new Treasury committee between the UK Raab, Mr Dominic Tyrie, Mr Andrew Government and the Scottish Government, but I am Randall, rh Mr John Uppal, Paul sure that Select Committees in this House and those in Reckless, Mark Vara, Mr Shailesh the Scottish Parliament will want to have an opportunity Redwood, rh Mr John Vickers, Martin to look into this work and, where necessary and when Rees-Mogg, Jacob Villiers, rh Mrs Theresa the clauses are implemented, to review the work of Reid, Mr Alan Walker, Mr Robin HMRC. At this stage, I would be grateful for any Robertson, Hugh Wallace, Mr Ben Robertson, Mr Laurence further clarification from the Minister. Walter, Mr Robert Rogerson, Dan Ward, Mr David Rudd, Amber Mr Gauke: I thank the hon. Member for Glasgow Watkinson, Angela Ruffley, Mr David North (Ann McKechin) for her questions. We do not Weatherley, Mike Russell, Bob believe it is necessary to put the additional accounting Rutley, David Webb, Steve officer on a statutory footing, but let me repeat our Sandys, Laura Wharton, James assurances, which I hope will satisfy the hon. Lady. She Scott, Mr Lee Wheeler, Heather asked detailed questions arising from the Holyrood Selous, Andrew Whittaker, Craig Committee report published last week and she will not Shapps, rh Grant Wiggin, Bill be surprised to hear that I believe we can look at this Sharma, Alok Willetts, rh Mr David matter within the bilateral Exchequer committee. I Simmonds, Mark Williams, Mr Mark understand her desire to have greater clarity as soon as Simpson, Mr Keith Williams, Roger possible, but it is important to get the matter right. The Skidmore, Chris Williams, Stephen Smith, Miss Chloe committee will have an opportunity to meet shortly Williamson, Gavin after the formation of the Scottish Government, and I Smith, Henry Willott, Jenny hope we will be able to make some progress on some of Smith, Julian Wilson, Mr Rob those detailed points. Smith, Sir Robert Wollaston, Dr Sarah Soames, Nicholas Wright, Jeremy Clause 25 is a technical provision. It enables HMRC Soubry, Anna Wright, Simon to share with the Scottish Government information Spencer, Mr Mark Yeo, Mr Tim about the collection and management of devolved taxes, Stanley, rh Sir John Young, rh Sir George while ensuring the confidentiality of that information. I Stephenson, Andrew Zahawi, Nadhim thus believe that the clause should stand part of the Bill. Stevenson, John Stewart, Bob Tellers for the Noes: Question put and agreed to. Stewart, Iain Mr Philip Dunne and Clause 25 ordered to stand part of the Bill. Stewart, Rory Mark Hunter

Question accordingly negatived. Clause 26 Clause 24 ordered to stand part of the Bill. SCOTTISH RATE OF INCOME TAX

Clause 25 Ann McKechin: I beg to move amendment 68, in clause 26, page 18, line 11, after ‘may’, insert AMENDMENTS RELATING TO THE COMMISSIONERS FOR ‘after consultation with such persons as Scottish Ministers consider REVENUE AND CUSTOMS appropriate’. Question proposed, That the clause stand part of the Bill. The Temporary Chair (Mr Charles Walker): With this it will be convenient to discuss the following: Ann McKechin: I should like to ask the Minister a Amendment 69, page 20, line 5, after ‘may’, insert couple of questions about this clause, which is technical ‘after consultation with (a) Scottish Ministers, (b) the Scottish in nature and will enable HMRC to disclose information Parliament and (c) such persons as it considers appropriate’. to the Scottish Ministers. Given the terms of the Holyrood Amendment 70, in clause 26, page 20, line 21, leave Committee’s report on the appointment of an additional out subsection (4). accounting officer responsible for Scottish income tax, and the duties and accountabilities of HMRC, should Government amendments 61 and 62 that proposal be put on a statutory footing? That question Amendment 43, page 20, line 35, after ‘Treasury’, was raised by the Committee, and I should be grateful insert for the Minister’s response. ‘, with the consent of the Scottish Parliament,’. 75 Scotland Bill14 MARCH 2011 Scotland Bill 76

[Mr Charles Walker] Scottish charities and pension funds, so we believe that Scottish Ministers and the Scottish Parliament should Amendment 44, line 38, at end insert— be specifically consulted prior to any amendment of ‘(6A) For the purposes of subsections (4) and (5)— these reliefs. (a) reference to the consent of the Scottish Parliament Finally, amendment 70 takes out subsection (4). We means consent by resolution, and have concerns about the provision. Section 80G(4) provides (b) standing orders must provide that only a member of that an order made under that section the Scottish Government may move a motion for “may, to the extent that HM Treasury consider it to be appropriate, such a resolution.’. take effect retrospectively”. Government amendment 63 We believe that HM Treasury should, at a minimum, Amendment 47, clause 29, page 23, line 12, after consult Scottish Ministers and the Scottish Parliament ‘Treasury’, insert if retrospectivity is required. The Minister will not be ‘, with the consent of the Scottish Parliament,’. surprised to hear me say that I think all Governments Amendment 48, line 28, at end add— should avoid retrospective legislation whenever possible— ‘(7) For the purposes of subsection (4)— unless there is a proven and specified need. We think that the case for retrospective application in this instance (a) reference to the consent of the Scottish Parliament has not yet been made out. means consent by resolution, and (b) standing orders must provide that only a member of The amendment is designed to probe this issue. The the Scottish Government may move a motion for Scotland Office has indicated that the power would be such a resolution.’. used to make tax reliefs applicable retrospectively, but Government amendment 64 I suggest that this could be done either by regulation or statutory instrument. The clause enables a charging Amendment 49, clause 31, page 24, line 8, after order to be made by the Treasury, which is a matter of ‘Treasury’, insert concern to us. Any retrospective action by the Treasury ‘, with the consent of the Scottish Parliament,’. could—I stress could—have a detrimental impact on Amendment 50, line 8, at end add— individual taxpayers and on the Scottish parliamentary ‘(5) For the purposes of subsection (4)— budget. I hope that when the Minister responds he will (a) reference to the consent of the Scottish Parliament provide some assurance about the circumstances in means consent by resolution, and which and when the Government intend to use this (b) standing orders must provide that only a member of power. I hope he will confirm how limited the power the Scottish Government may move a motion for will be when it comes to its practical exercise. such a resolution.’. Paragraph 673 of the report by the Holyrood Committee Government amendments 65 and 66 asked a number of questions about residence. The Government new clause 18—Orders— question of residence is one about which most of the ‘Any power to make an order conferred by this Act is exercisable tax experts we consulted expressed some concern. I by statutory instrument.’. understand that there is no statutory definition of a UK resident taxpayer. This legislation, however, attempts to Ann McKechin: I am speaking to amendments 68, 69 define by statute a Scottish resident taxpayer. Given and 70 and I wish to put it on record that the wording of that that is, in a purely technical sense, a subset of a UK those amendments was suggested by the Law Society of resident taxpayer, I think the Minister would accept Scotland. I shall speak to the amendments first and that it is unusual to have a fixed statutory definition then to the clause stand part—with your agreement, within a floating definition. I would like to question Mr Walker. I have a substantial number of questions to him a bit further about how this will work in practice put to the Government about the implementation of and what the levels of risk are in respect of the current this important clause. application of the law. On amendment 68, new section 80C empowers the Paragraph 673 of the Holyrood Committee report Scottish Parliament to set by resolution the Scottish asks what “place of residence” means, as defined in rate of income tax. This is an important power that is clause 26, as it appears to be different from how residence required to be exercised in accordance with the principles is understood in other areas of tax law such as capital set out by the consultative steering group report published gains tax. Does place of residence imply ownership by the Scottish Office in 1999. These principles include when juxtaposed against “main place of residence” in accountability, openness and accessibility with a view to new section 80E(a), (b) and (c). Place of residence and making possible “a participative approach” to “policy main place of residence are not defined in that new and legislation”. Accordingly, Scottish Ministers should, section, which I fear could present problems of we believe, be required to consult those considered to be interpretation. I would be grateful if the Minister clarified appropriate when proposing the resolution for the Scottish his understanding of the interpretation in this case. rate—much in line with existing practice of the Treasury How the tax is to be applied in practice is an important here. issue. The vast majority of Scottish taxpayers live the On amendment 69, new section 80G enables the whole period of their lives in Scotland or live there for Treasury to disapply or modify section 6 of the Income very substantial periods, and it is relatively easy to Tax Act 2007. This could involve issues such as gift aid define who those people are. What about people working relief or pensions relief. The order would be introduced on board ships or on oil rigs, for example? What about in the UK Parliament and debated and passed or rejected members of our armed forces and what about those in the UK Parliament. However, it could substantially who are neither UK resident nor employed by non-UK affect the Scottish rate and Scottish taxpayers, as well as employers? As I said, the Scottish taxpayer is defined by 77 Scotland Bill14 MARCH 2011 Scotland Bill 78 reference to an individual who is resident in the UK for burden of identifying and administering the new tax income tax purposes. The current definition of UK rates? What specific measures will the Government residency lies in 86 pages of guidance that are the introduce to help small businesses with 10 or fewer subject of frequent revision by HMRC. How, then, can employees to cope with the changes? the Government be confident that this definition is Although there has been some publicity in Scotland going to work? Do the Government agree with the about the Bill, south of the border there will be little Chartered Institute of Taxation that the introduction of knowledge among businesses that may employ a few a possible statutory residence test for the UK is now staff north of it. What kind of public awareness campaign essential? Experts in, for instance, the Institute of Chartered will the Government conduct to make companies aware Accountants of Scotland, the Chartered Institute of of the proposed changes and their impact on payrolls? Taxation, the Federation of Small Businesses and CBI Scotland have expressed concern about the lack of a I should be grateful if the Minister told us about any concrete definition. What are the Government doing to of the discussions he has held with the high-level expert address those concerns expressed by professional experts? group about the definition of Scottish residence and the I understand that they are considering the issue. Will issues that have arisen as a result of those discussions, the Minister tell us whether they are likely to attempt to which I understand have been proceeding for some provide a better definition of a UK resident taxpayer in months. the Finance Bill that will follow next week’s Budget The Chartered Institute of Taxation has suggested statement? that HMRC will need to “staff up properly in anticipation of a considerable extra flow of 6.30 pm questions when the Scottish income tax goes live.” Will the Government clarify the position of personal What are the Government doing to achieve that, given representatives of a deceased person? Will they count as that in recent months HMRC has been closing offices individuals for the purpose of this definition? If so, will across Scotland and the rest of the UK and reducing its any income arising during the administration of an capabilities? estate be treated as income subject to the Scottish rate? Under the Bill in its present form, no account is taken What are the Government doing to address concerns of a split year, which means that once someone is about the “close connections” test? For example, an classified as a Scottish taxpayer he or she will remain English oil worker who lives in but commutes one for the entire year. The opposite will apply to those to a Scottish oil rig—which, of course, is a regular living in another part of the United Kingdom. For occurrence—will not have a close connection, but a example, if a company’s one Scottish employee moves Scottish resident who works in England and returns to south, the company will have to continue to have a Scotland for weekends and holidays could be caught. Scottish taxpayer on the payroll even when that person How will the Government deal with mobile workers is no longer a Scottish employee. What is the Government who may find it impossible to know where they are until doing to address an anomaly that some may consider a day count is carried out at the end of the tax year? unfair? It has been suggested that there is a high risk of Do the Government not agree that new section 80G (1) perception of unfairness because the definition of “Scottish is drafted too widely? The Chartered Institute of Taxation residence” is so loose that wealthy individuals can arrange has described it as a “Henry VIII” provision. Do the their affairs in such as way as to avoid a higher rate of Government not think it inappropriate to use secondary tax. How do the Government plan to avoid such a legislation to make major structural changes in primary scenario? What mechanisms do they propose to deal legislation without proper oversight from the UK with disputes about the application of the rules? Will Parliament, and indeed the Scottish Parliament, on there be a special tribunal system and a right of appeal? whose budget such measures could have a substantial Do the Government not agree that if a non-UK impact? resident is working in Scotland and liable to pay tax, it If changes such as pension deduction rules are required, should be paid at the Scottish rate? The Bill currently should they not be effected through primary legislation, provides for company directors, sports people and or should not the Scottish Parliament and Government entertainers undertaking duties wholly in Scotland to at least be given the right to be formally consulted? As pay UK income tax on income earned entirely in Scotland, I said earlier, we are concerned about the potential but not to pay Scottish income tax. Employees will retrospective application of orders. Do the Government inevitably approach their employers rather than the tax not agree that individual taxpayers deserve a degree of office for information on their tax status. What will the certainty in regard to their tax affairs as the end of a tax Government do to support employers? I appreciate that year approaches? the implementation of the Bill is a number of years away, but I think it important at this stage to give businesses John Stevenson: The hon. Lady has raised many and employers as much reassurance as possible about issues connected with income tax. I may be demonstrating how the Government will seek to minimise the burden my ignorance of the Scotland Act 1998, but under that and bureaucracy that they may have to face as a result legislation the Scottish Parliament could have increased of the Bill. or decreased the basic rate by 3p. Why were these issues When the Federation of Small Businesses surveyed not addressed then? its members, it found that 18% of them did not use PAYE software to administer their payrolls by means of Ann McKechin: I was not a Member of Parliament at computer systems, but undertook the task manually. Is that time, unlike some of my colleagues who were in the it not unhelpful of the Government to suggest that House when the legislation was discussed in detail. I many small businesses should be forced to take on the think it fair to say, however, that a great deal was left 79 Scotland Bill14 MARCH 2011 Scotland Bill 80

[Ann McKechin] I should be interested to know whether the Government agree that the retrospective application of an order to the potential for secondary legislation. As the hon. could adversely affect the budget of the Scottish Parliament. Gentleman knows, those provisions have never yet been For example, if the Budget is set in March and the used. That is one of the reasons that the Calman Treasury lays an order in October to apply a relief commission specifically addressed the issue of fiscal clause retrospectively, that could have grave implications accountability. for the Scottish Government’s budget. That is another The hon. Gentleman may also be aware of recent reason why I seek some reassurance about the Government’s debates in the Scottish Parliament following the decision intentions for the use of this clause. of the Finance Secretary—without informing the How do the Government propose to deal with avoidance Parliament—to advise HMRC that it would not be of the Scottish tax rate? Unlike other jurisdictions that required to implement the rules for a few years. I do not have devolved taxes, and where there are different forms wish to discuss that controversy, but I will say that the of collection and reporting, many people self-assess or establishment of the Calman commission was partly are in pay-as-you-earn schemes, and they are not currently due to the fact that the rules had never been implemented. specifically called on to declare their residence to the Much of the detailed work that we are now considering tax authorities in the way required by the Bill. The Bill’s had been put on the shelf without being properly examined. provisions only apply to income; they do not apply to I take the hon. Gentleman’s point, but I think it necessary dividends or to interest on savings, and we would want for me to ask the Minister a number of detailed questions appropriate measures to be taken to ensure that people in order to ensure that the Government’s intentions are do not end up transferring income into another route, on record. to try to avoid the income tax provisions made by the Scottish Parliament. Rory Stewart (Penrith and The Border) (Con): Given What provisions have the Government put in place that income tax issues such as this are addressed throughout for the self-employed? Will, as anticipated, the self- the world when jurisdictions—for example, American assessment tax return have to be altered, with additional states—abut each other, does the hon. Lady consider questions on residency for example, particularly for them to be reasons for fundamentally objecting to the those who work in a different part of the UK? I realise Bill, or simply matters of minor detail that could be there are specific measures dealing with Members of resolved by means of secondary legislation? Parliament and we are automatically included, but it has been pointed out that Scottish judges serving at the Ann McKechin: As I have made clear on Second Supreme Court are not covered by the Bill’s provisions. Reading and throughout this debate, Labour fully supports Similarly, other senior Government officials travel from the principles behind the Bill and the additional fiscal different parts of the country for their work. It is powers given to the Scottish Parliament. Before the important that they are aware of what may be expected election, the Labour Government supported the Calman of them in terms of self-assessment claims. commission, as we made clear in a White Paper published in the summer of 2009. I think that all these issues can David Mowat (Warrington South) (Con): Many of be dealt with, but, as I am sure accountants and lawyers the hon. Lady’s comments imply that she is unhappy will confirm, the devil is in the detail at times. It is with residency being the method for working out where important for the House of Commons and, no doubt, people pay tax, but it seems to me that there is no the House of Lords to give the Bill proper scrutiny, alternative. Is her position that she would like everybody because ultimately individual taxpayers, businesses and to fill out a tax return? employers will have to live with the consequences of its implementation. Ann McKechin: No, I can assure the hon. Gentleman that I do not want to burden the taxpayer unnecessarily Mr Frank Roy (Motherwell and Wishaw) (Lab): Is it with additional questions and pieces of paper and that I not worth reminding the Committee that, no matter think the residency basis is the simplest way to deal with what was said in 1997, the Opposition voted against it? this issue. The problem is that we have a floating definition of what is a UK resident taxpayer, and from that we are Ann McKechin: Indeed, and the fact that we now have trying to define in very exact terms what is a Scottish converts to the cause shows what a difference the passage resident taxpayer. That is the point at which there could of time makes. As I said earlier, I am pleased that even be challenges, and sometimes mischief in that people the SNP has agreed to the LCM motion. might try to change their declaration of where they Our present approach is consistent with the approach believe they are resident. that the Labour party has always taken to constitutional This situation is unlikely to arise for the vast majority reform, which is to seek political consensus before of taxpayers in Scotland; most of them will be faced introducing legislation in the House of Commons. The with a very simple exercise. Nevertheless, as I have reason we have such a degree of consensus this evening pointed out, in other jurisdictions with devolved income is that we have spent a good deal of time examining tax there are ways in which people have to declare where details of the legislation. I congratulate the Holyrood their residence is that we currently do not have in the Committee, which has done an excellent and thorough UK. I want the Minister to say whether the Government job in examining many of the issues in great detail. We are aware of any potential problems, and what measures all benefit from its work and from last week’s debate in they intend to put in place to avoid them, so that the the Scottish Parliament, which showed that the Scottish maximum level of tax that is due is collected and Parliament and its Committees are more than capable returned to the Scottish Government, and so that of doing a thorough job in scrutinising legislation. administration is kept to a minimum. All hon. Members 81 Scotland Bill14 MARCH 2011 Scotland Bill 82 will be concerned about the cost to the Exchequer, and insurance system of course, which is separate from the also about the costs to individual businesses. That is tax system, but, as the Minister will be aware, the why I am asking these questions, but I agree that interaction between benefits and taxes is complex, and I residency is the easiest way to define who should be am sure none of us would want to do this in a way that liable to tax. adversely impacts on pensioners, people on lower incomes, I also appreciate that a decision has been taken not to single parents, the disabled and others who may already include interest on dividends and on savings. People will have many concerns about what is being proposed in comment that that perhaps creates a degree of unfairness the Welfare Reform Bill. I hope the Minister can reassure because some individuals get the majority of their us that he will not be adding to that burden. income from those sources, but I acknowledge that Are the costs of implementation still as estimated in there are complex and expensive practical difficulties in the Command Paper? How do the Government intend applying a residency test for those types of revenue, and to control those costs? There is a long period of that ultimately the benefit may not be great. We therefore implementation, and hon. Members may be concerned understand why the Government have phrased the clauses about that, as some implementation schemes have taken in this way, but the devil is in the detail of defining longer, and been much more expensive, than originally exactly what they will mean in practice. estimated. Will the Minister tonight undertake to produce an annual report to the House of Commons until the Stewart Hosie: The hon. Lady will understand that full-scale implementation of the scheme, so that we may there is a very close relationship, particularly at the better scrutinise it, and ensure that value for money to lower levels of income, between dividends and savings the taxpayer is maintained and that the burden—which, income, income tax and, as importantly, income tax of course, is ultimately to be met by the Scottish allowances and thresholds. We have not tabled amendments Government—is kept to a minimum? on this topic, and it is extremely complicated, but if it were proved that there is an inherent logic in bringing Iain Stewart: I support the clause, but I wish to raise a together income tax, the tax on savings and dividend couple of specific examples just to test that the definition income, and how that relates to thresholds, allowances of a Scottish taxpayer as set out in the Bill is robust and and the Scottish rate, might the hon. Lady and her covers all eventualities. I appreciate that the examples colleagues be prepared to listen to that argument in I am about to give are technical, and if the Minister is future? unable to give me a definitive response tonight, I hope he will be able to do so on Report. 6.45 pm My first example is based on the situation my father Ann McKechin: The Holyrood Committee did not was in for a number of years. It relates to proposed new consider that in detail, and the Calman commission did section 80E(3)(c) on the definition of Scottish residence, not make any specific recommendations that would as opposed to residence of another part of the UK. My lead us to legislate tonight. We have to reach a compromise father’s home was, and is, in Hamilton, just outside in respect of striking a balance between fairness to Glasgow. By any reasonable test, that is his main residence: Scottish taxpayers and having a system that is as simple it has been the family home for generations; my mother and easy to understand as possible, and that reduces the lives there; and it is what my father would call home. administration costs to the Scottish Government as far However, for a number of years he worked for the Civil as possible. Aviation Authority and although he was mainly based at Prestwick, the nature of his job required him to On thresholds, given that the Welfare Reform Bill has spend a considerable amount of time at its headquarters just been introduced with proposals on in London. He rented a flat in central London, where at the same time as this Bill is passing through the he was registered on the electoral roll for council tax, House, I ask the Government to say what consideration for utility payments and for all the other aspects of has been given to the impact on welfare benefits. Those living in a dwelling. For a number of a tax years he on low incomes often have the most complicated tax spent a majority of nights in London, as opposed to affairs. Most benefits are calculated on after-tax income. spending them at the family home in Scotland. Therefore, If the Scottish rate income tax is higher than the basic if I have read proposed new section 80E(3)(c) correctly, rate, Scottish taxpayers on benefits will be entitled to he would not be deemed to be a Scottish taxpayer. I claim more benefit. Will the Government ensure that would be grateful if the Minister would confirm whether the extra benefit is paid automatically, or will they issue that is the case. If so, is this not an anomalous situation public information on how full entitlement can be claimed? and will the Government re-examine what the definition How will the new proposals on universal credit be of “a Scottish taxpayer” should be? implemented in respect of these tax changes? The Government have stated that their general rule on the Secondly, I wish to discuss the “Caledonian sleeper” tax base is one of no detriment, but I ask the Minister question, which relates to proposed new section 80F(1)(a) to reflect and give any assurance he can about whether and the number of days spent in Scotland there might be a possible conflict. “at the end of the day.” Conversely, if the Scottish tax rate is lower than that I do not have a detailed knowledge of the railway of the rest of the UK, Scottish taxpayers on benefits timetable, but let us suppose that the sleeper train left will be entitled to fewer benefits in some cases. What Glasgow at 10.30 pm or 10.45 pm and so was clearly in mechanism will the Government put in place to ensure Scotland at the end of the day. If it traversed the border that adjustments are made to their payments? We would before midnight and so was actually in England on the be concerned if those on the very lowest incomes were stroke of midnight, would that day be counted as adversely affected in their entitlement to the welfare Scottish or English for the purposes of this calculation? benefits system. That is largely based on the national I hope hon. Members will forgive me for raising this 83 Scotland Bill14 MARCH 2011 Scotland Bill 84

[Iain Stewart] this Government have been quick to legislate on this issue, fulfilling a manifesto commitment of more than very detailed point, which will affect only a small number one party in this House? After more than a decade, the of people, as it is the job of this Committee to tease out time is right to assess the implications and consequences these practical matters. I do not expect the Minister to of the devolution settlement. give me a definitive reply right now, but I would be I shall now speak generally in support of the provisions grateful if he undertakes to examine the matter and give of clause 26. The Calman commission review predates an answer at a later stage in our proceedings. the economic crisis, but the need to recover the UK’s economic strength makes this issue ever more important. Sheila Gilmore: It is important that we move forward It is clear that economic growth will be driven by on these tax powers for the Scottish Parliament. The big enterprise in local communities. Creating a Scottish rate difference between these proposals and the ones in the of income tax will give the Scottish Government more Scotland Act 1998 are that these apply to all the different responsibility over not only how they spend revenue, rates of tax. The structure being used and the fact that but how they raise it. That is a crucial discipline, which there will be a corresponding reduction in the block we hope will increase the likelihood that fiscal decisions grant will deliver to the Scottish Parliament a real will reflect the needs and priorities of Scotland, the ability to make decisions, be accountable and test how Scottish economy and, most importantly, the people of well these things work. We wanted that in Scotland and Scotland. This is an opportunity for genuine fiscal we need it, but that is not to say that the arrangements accountability. will not have any complications and that there is no need to be clear about the answers to some of these The proposals outlined in the Bill are not entirely questions. Some could be covered by regulations that new, but they do mark the next stage of the devolution are to follow, but there is always an anxiety involved in settlement for Scotland. The existing Scottish variable depending too much on detailed regulations, as opposed rate gives the Scottish Government the power to raise or to primary legislation. reduce the basic level of income tax. As Donald Dewar, the original First Minister, said, the Scottish variable I wish to discuss two particular areas, one of which is rate tax avoidance and the provisions that the Government suggest we put in place to deal with it. The last thing “asks the Scottish Parliament to face real financial choices and makes it, in a sense, more directly accountable to the people it that we would want is for those who have the ability to represents.”—[Official Report, 31 July 1997; Vol. 299, c. 465.] arrange their tax affairs in different ways to be able to avoid paying this tax, as that would harm the Scottish However, as we have discussed tonight, the Scottish economy and undermine the whole principle behind variable rate has previously been only somewhat theoretical, what we are trying to achieve. We need to know what in that it has never been employed as a tool to influence provisions will be put in place to deal with tax avoidance the economic fortunes of Scotland. That raises the in the future. My hon. Friend the Member for Glasgow question of whether the new rate will be any different, North (Ann McKechin) mentioned the self-employed, but I believe that it will be. I believe that the Scottish and they are also important. It is easier for them to Government can and will enjoy more financial responsibility arrange their tax affairs in a beneficial way, whereas through the radical proposals in the Bill. More importantly, those of us on PAYE may not be able to do that. It is the proposals have the propensity to have long-lasting important for self-employed people to know exactly positive effects in Scotland. how this system will work for them, particularly if they To understand that, we have only to ask ourselves generate earnings in different parts of the United Kingdom, how our constituents—no matter which part of the UK as it is quite possible for such people to do. we represent—would respond if more funding was raised I also have concerns about the future interrelationship and distributed locally, rather than by central Government. between the benefits system and the tax system. This is If that were the case, I am sure that my constituents important because the way in which benefits are calculated would take an even greater interest in what their money for some people depends on their income after tax, was spent on and would be able to assess more easily which means that a variation in tax will affect benefits. whether politicians were responding to local priorities. The Government may be clear that systems will be in Although the provisions relating to Scotland are based place to deal with that very quickly, but the last thing at the national level, not the local one, the same that people on benefits need is any uncertainty about phenomenon should apply. This move should strengthen their income. They need to know how any increases in democratic accountability and bolster political engagement their income, and therefore in their tax liability, or any in Scottish communities. decreases in their income will affect them, because at I am sure that I am not the only hon. Member that level of income people suffer particularly badly recently to have received letters from constituents unhappy when changes are made. If the Welfare Reform Bill about the level of block grant funding given to the proceeds in full, we will be moving towards a new devolved nations and, in particular, concerned that benefits system at just about the same time as some of there is a difference in funding for certain policy areas, these new powers come into force, so it is important to such as university fees and prescription charges. What get this right. I urge the Government to provide answers needs to be communicated more effectively is how the to these questions, if not now, in time for Report, so Scottish Government can prioritise their funding. In that we can be clear about how this interrelationship England, all funding is distributed by the UK Government will work. but in Scotland, the UK Government pay for national—that is, UK-wide—public services, such as defence and industry, Fiona Bruce: May I begin by telling hon. Members and the block grant funding is distributed by the Scottish how pleased I am that, after a thorough independent Government and pays for devolved powers: education, evaluation of the devolution settlement in Scotland, various aspects of health policy and so on. As a result, 85 Scotland Bill14 MARCH 2011 Scotland Bill 86 although decisions on funding in England must involve shared public good, and fragmenting them would be national, regional and local priorities, the Scottish both inefficient and dangerous for national security. Government can spend their block grant funding on The same basic principles apply to immigration and regional and local issues only. trade. Unco-ordinated approaches in those areas could lead to potentially disastrous consequences so it is 7pm important that we act responsibly and in the whole country’s interest. The income tax provisions in the Bill will mean that the procedure of setting the Scottish Government’s Such protections can be afforded only under a single budget is more responsive to the wishes of the Scottish economic framework and any moves to meddle in that electorate. That will increase the financial accountability area unnecessarily will create more damage than good. of the Scottish Parliament and relieve the Scottish It is therefore refreshing that the Scottish Parliament Government’s reliance on the block grant—a healthy recognises the merits of the Bill’s provisions and, rather development and one that many of my constituents will than running before attempting to crawl, its report on welcome. the Bill does not go so far as to recommend full financial responsibility. Sheila Gilmore: Will the hon. Lady concede, nevertheless, The Bill is about improving the devolution settlement that choices are made about how to spend that block and promoting economic growth. The income tax proposals grant and that if a Scottish Government make a choice in the Bill retain the reservation of overall fiscal management about how to deal with university funding, they do so to within the UK Government, which will ensure that the the potential detriment of other funding? The decisions needs of Scotland are supported alongside a UK-wide that have been taken in this place about tuition fees and strategy of promoting growth and economic stability. I the reduction of the teaching grant for universities have welcome the Scottish Parliament’s Committee’s report had a considerable impact on Scotland, so we are not on the Bill, which states in paragraphs 36 and 39, with somehow free from those decisions. reference to fiscal decentralisation: Fiona Bruce: The hon. Lady makes a valid point and “The evidential base was, in our view, remarkably weak, and the claims made did not stand up to challenge or scrutiny…the that is why I prefaced my remarks with the phrase, overwhelming balance of expert economic opinion in Scotland “What needs to be communicated more effectively is and internationally was that the existing evidence base supports how the Scottish Government can prioritise their funding.” neither any clear link between fiscal decentralisation and an By that, I meant that checks and balances are involved economy’s long-run rate of growth, nor…a precise numerical link and that that needs to be communicated nationwide. A between fiscal decentralisation and an increase in GDP.” greater understanding of that needs to be gained. It goes on: “The Scotland Bill is about good government. It is intended to David Mowat: My hon. Friend’s answer to that improve how Scotland is governed and align decisions on spending intervention was very generous. It is right that the and taxation more closely so that the Scottish Parliament will be Scottish Parliament should make decisions about priorities more accountable and, in the long run, take better decisions. in Scotland—about free tuition, prescriptions and whatever Better decisions will, in the longer term, mean improvements to else—but the question that remains and needs to be many aspects of Scottish public life.” answered is whether the baseline of the block grant, as In true political fashion, I have a favourite section of it is set up, is fair on Scotland, England and Wales. the Scottish Parliament’s Committee’s report, which was mentioned earlier. In paragraphs 43 and 44, the Fiona Bruce: My hon. Friend makes a valid point. report states: Let me turn now to the proposals in the Bill. It is only “Full Financial Responsibility was the Scottish Government’s right that I should explain why complete financial alternative to the plans in the Scotland Bill. The Committee did independence would not, in my view, be beneficial for not examine this in detail, as there was no detail to examine. We the Scottish or wider UK economy. Members of the received no costings for these plans, no material explaining the Scottish National party might say that the Bill’s financial practical implications for taxpayers, employers, Scotland’s financial provisions do not go far enough but devolving full sector or collection plans. However, we were able to come to economic responsibility while retaining various regulatory several obvious conclusions. Firstly, as was made clear in evidence and other competences would create a two-tier system to us, fiscal systems serve constitutional ends. Full Financial Responsibility is no exception. The constitutional aim it serves, that would serve to weaken our economy. Devotees of however, is not the preservation of the UK. Secondly, it is plain the two-tier system argue, I believe, on the basis of a that under fiscal responsibility, Scotland would run a substantial fiction, if not a fantasy, that such a fragmented system deficit…Finally, it is clear that no thought has been given to the could exist without disastrous consequences. The Calman effect of these plans on the economy of the UK, to which commission and the Scottish Parliament’s report on the Scotland will inevitably remain linked…The Committee is clear Bill both rule out financial independence on the grounds that the evidence shows that full financial responsibility or autonomy that it would create havoc for taxpayers and break up is not a serious alternative to the fully worked out plans in the the Union. Scotland Bill.” In its final report, the Calman commission gave its reasons why income tax should not be fully devolved, Lindsay Roy (Glenrothes) (Lab): Is it the hon. Lady’s including that it would not, in the commission’s view, contention that full financial accountability is a euphemism “be consistent with the social Union”. for independence? We can add a further reason. There are certain areas of government that a responsible country will retain at a Fiona Bruce: It is my contention that full financial national level, such as defence and national security. responsibility would not benefit either Scotland or the They should remain UK-wide in the interests of the UK more widely. 87 Scotland Bill14 MARCH 2011 Scotland Bill 88

[Fiona Bruce] Today, however, I am more concerned about commencement and I am glad that all the commencement In conclusion, it has been made clear by the Scottish amendments are being debated in a single group. They Parliament and acknowledged by the Calman commission relate to tax provisions on the Scottish rate of income report that reform of the devolution settlement in Scotland tax, stamp duty land tax and landfill tax, which come is essential. It is fair to assume that the Bill would exist into force two months after the Bill receives Royal regardless of which party was in government, and I Assent. However, those provisions will not have any hope it receives the support it deserves. Any futile practical effect at that point because the Bill includes an disagreements with its premises discredit the fine work additional step requiring the Treasury to appoint a tax undertaken by the Calman commission and serve only year as the first year in which the income tax provisions to play partisan politics. It is difficult to argue against are to operate. For SDLT and landfill tax, the Treasury the income tax proposals laid out in the Bill as they will appoint a specific start date, but the principle is the further cement the coalition Government’s commitment same. Until the Treasury does that, those tax provisions to the localism agenda. That agenda is about devolving will sit on the statute book without changing the current power to meet more local needs, but that does not mean arrangements whereby the UK Parliament controls all that all powers can or should be devolved. Powers aspects of income tax, SDLT and landfill tax. Similarly, should be devolved to the most local level possible if although the measures to repeal the current Scottish feasible and responsible. I hope that if the Bill is successfully variable rate provisions will commence two months passed and implemented, Scotland will be able more after Royal Assent, they will have no practical effect effectively to deliver Scottish solutions for Scottish needs until the Treasury appoints a tax year as the last tax and the Scottish people. I support clause 26. year in which SVR will operate. This two-stage approach to commencement is highly Stewart Hosie: I rise to support amendment 42, tabled unusual but not unique. The practical effect is that in my name and those of my hon. Friends, and the tax proposals will operate only when the Treasury amendments 43, 44, 47, 48, 49 and 50. All those decides they should. The powers conferred on the amendments are concerned with the commencement Treasury to appoint start dates are not subject to any only of a number of clauses. I congratulate the hon. parliamentary procedure and will not even be publicised Member for Glasgow North (Ann McKechin), who is by means of statutory instrument. The processes for not in her place, on her technical questions. I have a bringing the tax provisions into effect do not require the very similar list so I shall not reread the questions but consent of the Scottish Parliament, Scottish Ministers I would like to reinforce two of the points that were or even the Westminster Parliament. That would be a made. fundamental flaw in terms of scrutiny, particularly where the commencement of flawed provisions would result in The first concerns Labour’s probing amendment 70, something damaging the economy. on retrospectivity in the tax code. I am seeking a guarantee, as far as the Minister can give one, that such use of any The SNP believes that there has to be a role for the retrospective tax powers would only be in relation to Scottish Parliament. The Scottish Government have stopping tax avoidance or tax evasion. That is extremely outlined the serious gaps remaining in the proposals, important. The second is about people on board ships not least the fact that crucial details remain unknown. and other installations. Is the Minister convinced that It is essential that the Bill should include a specific the description in new section 80E(4), introduced by mechanism giving the Scottish Parliament the opportunity clause 26, that a place to consider the proposals after Royal Assent but before they are brought into effect. Our amendments seek to “includes a place on board a vessel or other means of transport” change the commencement provisions to ensure that is sufficient? the tax provisions cannot be brought into effect without the specific consent of the Scottish Parliament. Before I address my amendments, let me make an observation about the lovely speech of the hon. Member As the Bill alters the devolution settlement, the Scottish for Congleton (Fiona Bruce). She spoke about Government do not consider it appropriate for the key accountability under the proposals and not wanting provisions on taxation to be brought into effect by things to be fragmented. I wonder how having control means of an administrative decision by the Treasury. of 50% of the base rate, a quarter of the 40% rate and There are plenty of precedents for Scottish consent to only a fifth of the top rate, and having no control over be required before UK legislation comes into force. allowances and thresholds, is unfragmented. I understand Section 127(4) of the Anti-terrorism, Crime and Security that she wants things to work, but I fear that she might Act 2001 requires a joint order to be made by the not understand that that might be deflationary. She said Secretary of State and Scottish Ministers before certain that there would be a link between tax and spending, measures can be brought into force. Section 148 of the which there might well be, but the provisions in total Adoption and Children Act 2002 contains a range of will assign the Scottish Parliament control of only 15% commencement procedures involving Scottish Ministers or so of the tax raised in and on behalf of Scotland. She and the Welsh Assembly. Certain provisions in the also said that the Bill was a fully worked out plan. It is Policing and Crime Act 2009 relating to football banning so fully worked out that there are amendments that we orders require the consent of Scottish Ministers before do not yet have, which we will debate on Report, and I being brought into force. Finally, the Public Bodies Bill, suspect that amendments will be tabled in the other which is currently being considered in the other place, place. Of course, the Bill is also likely to be subject to a includes a requirement to obtain the consent of Scottish second legislative consent memorandum after the Scottish Ministers before an order abolishing or reforming a election, so it is not quite the fully worked out plan that public body is made where that order includes provisions she described. on a devolved matter. 89 Scotland Bill14 MARCH 2011 Scotland Bill 90

7.15 pm staff were aware of such legislation. Hon. Members If the commencement arrangements are left unchanged, would not believe the number of staff I have employed many of the most important questions about the Bill over many years who did not understand what a tax will be left unanswered. They could then be answered code was, how they were taxed on their income and how only by HM Treasury when it decided to do so. In the national insurance was involved. view of the Scottish Government, the SNP and, I hope, Members on both sides of the House, the Scottish Jim McGovern (Dundee West) (Lab): Some of the Parliament should not consent to what is effectively a previous speakers, such as my hon. Friend the Member blank cheque for the Treasury. Our amendments simply for Edinburgh North and Leith (Mark Lazarowicz) and seek that the consent of the Scottish Parliament should the hon. Member for Congleton (Fiona Bruce), should be required before the commencement of the provisions. remember that these proceedings are televised and that The amendments were not designed to be contentious, the public hope to understand what we are talking but they are vital and would give huge protection not about. My hon. Friend the Member for Edinburgh just to the Scottish Government but to the Scottish South (Ian Murray) has kept his contribution fairly Parliament by ensuring that the provisions that impact simple so far, but I failed to understand some of the directly on fiscal tax and borrowing provision in Scotland earlier contributions. must be agreed to by the whole Parliament and not just Scottish Ministers or UK Ministers before they are Ian Murray: I am grateful for my hon. Friend’s applied. I commend the amendments to the Committee. intervention, which highlights the fact that the Government’s agenda for growth is about growth in the small and Mark Lazarowicz (Edinburgh North and Leith) (Lab/ medium-sized enterprise sector, and making sure that Co-op): I want to raise a technical point that was small businesses in particular can contribute a significant stimulated in my mind by the comments of the hon. amount to the private sector to take up the slack caused Member for Milton Keynes South (Iain Stewart). It is a by the job cuts in the shrinking public sector. However, fairly minor point, but the aim of the Committee is to the complexity of the legislation we are examining is bring out such points. The hon. Gentleman referred to detrimental to the many small business owners who will the Caledonian sleeper situation in which someone got be concerned about the complex process they will have on a train late at night in Glasgow, Edinburgh or to go through to make sure that they employ people in somewhere else in Scotland and found that they were in accordance with the right piece of income tax legislation. England after midnight. There could also be a situation Many issues have been raised about travel—I do not in which someone got on a train before midnight in call the train the Caledonian sleeper; I call it the Caledonian Glasgow or Edinburgh, expecting to be in England keep-you-awake, as I have yet to sleep on it—and I hope after midnight, but found, on looking out of the window, that the legislation does not include provisions on where that they were in fact in a siding in Carstairs due to the someone falls asleep, otherwise my own tax affairs vagaries of the weather—a situation that has perhaps could be rather complex. faced some of us in the past. We must consider the issue of close connection. People Leaving that fairly limited example aside, it occurs to may work in a different part of the UK, but it is not me that the issue the hon. Gentleman raises could have necessarily the place that they call home. Any Scottish wider implications. Take the situation of someone who MP who has regularly done the trip from Scotland to lives in Dumfriesshire or the borders, perhaps in the London will recognises many faces on their train or constituency of the Under-Secretary of State for Scotland, flight as people who work in London Monday to Thursday. the right hon. Member for Dumfriesshire, Clydesdale They leave Scotland on Sunday night, and return on and Tweeddale (David Mundell). That person may live Thursday evening or Friday morning to their family. in Scotland but be a night-shift worker in England—perhaps They would not regard themselves as English income a delivery worker for a retailer or a regular night-shift taxpayers. They would very much regard themselves as worker in a factory. Such a person could be defined as being resident in Scotland. It is where they call home, being in England, rather than in Scotland, under one but, as we have heard from the hon. Member for Milton definition even though he clearly lived in Scotland—or Keynes South, it would not necessarily be classified as vice versa. It probably would not be appropriate to their place of residence for the payment of income tax. amend the Bill specifically to cover this issue, but it should certainly be given some thought. Perhaps the Jim McGovern: My hon. Friend will have used the Minister could consider it with a view to giving guidance Caledonian sleeper. Does he agree that “Murder on the to clarify how such a situation should be addressed. A Orient Express” has nothing to do with that train? large number of people would not be affected in that way, but more than a handful might, so it would be useful to get clarification on such points from the Ian Murray: I was about to say that I was delighted to Minister now or later. receive an intervention from my hon. Friend, but perhaps I should say that I have noted his comments, and will Ian Murray (Edinburgh South) (Lab): This evening’s move on. debate has centred around the complexities of this I should like to mention Her Majesty’s Revenue and hugely complex legislation. I had not intended to speak, Customs. At my surgery—no doubt this is the case at but I, too, was prompted by the contribution of the the surgeries and advice sessions of many right hon. hon. Member for Milton Keynes South (Iain Stewart), and hon. Members—I have been beset by the complicated which led me to think about my experience of running a problems that my constituents have experienced as a small business with 12 to 14 staff, doing payroll on a result of their not understanding the HMRC process. weekly basis and the huge complexities of keeping up Indeed, taxation errors have been made by both HMRC with changes in legislation and making sure that my and employers. HMRC is undoubtedly under pressure, 91 Scotland Bill14 MARCH 2011 Scotland Bill 92

[Ian Murray] that that is inappropriate, as it interferes with the accountability of the Scottish Parliament to the people with more job losses over the next few years. In fact, I of Scotland. It should not be for the UK Parliament to think its work force will have halved by 2015. I hope tell the Scottish Parliament or Scottish Ministers how that the Government will take into account the complexities they should go about setting the rate of tax. It is for of the legislation to make sure that HMRC has the them to decide and ultimately to be accountable for that resources to be able to deal with it properly.The Federation decision to the Scottish people through the ballot box. of Small Businesses has been mentioned by my hon. There is nothing to stop the Scottish Parliament in its Friend the Member for Glasgow North (Ann McKechin) Standing Orders including a requirement to consult or in connection with the number of small businesses that take evidence on setting the rate if it wishes to do so. use the pay-as-you-earn system. There are problems Rule 6.6 of the Standing Orders of the Scottish Parliament with self-assessment, which can become complex for sets the remit of its Finance Committee, which is required someone who satisfies some of the tests of the legislation, to consider and report on, among other things, but conducts personal business in different parts of “proposals for the making of a tax-varying resolution”. the UK. It will be for the Scottish Parliament to decide whether My hon. Friend the Member for Edinburgh East a similar provision should be made in relation to any (Sheila Gilmore) raised the issue of tax avoidance. If proposal to set the Scottish rate of income tax. That is a there are different income tax rates in Scotland and matter for the Scottish Parliament—it is not something England, I hope that HMRC will have the resources to that we should prescribe in Westminster. deal with that so that people do not deliberately try to satisfy the tests of the legislation to benefit from a Amendment 69 requires the Treasury formally to different income tax rate on the other side of the border. consult Scottish Ministers, the Scottish Parliament and Many of the constituents of the right hon. Member for other persons before it uses its powers to disapply or Dumfriesshire, Clydesdale and Tweeddale (David Mundell) modify the application of the Scottish rate of income will be affected by those cross-border issues, as we have tax. It may help if I describe the purpose of this power. heard. We plan to use it to set some of the detailed rules on the HMRC definitely needs the resources required to be operation of the Scottish rate of income tax, because able to deal with that properly, and to put provisions in any changes have to operate within the UK income tax place to make sure that people understand the system. framework, which is a reserved matter. The Scottish All too often, as the Member representing Edinburgh Parliament has given its consent to the Bill through the South, I have dealt with self-employed constituents who legislative consent motion, which includes that power have filled in self-assessment forms and then experienced and the way in which it will operate. It was not raised as a hard-nosed approach from HMRC in some pretty a concern by the Scottish Bill Committee in its extensive dreadful letters. Some letters say that it will send agents scrutiny of the measure. round to seek to pin down possessions and sell them to Having said that, I can confirm that HMRC will cover the debt when, in fact, HMRC has made an error work closely with all parties concerned, and it has set in its tax coding and the problem has to be sorted out at up three technical groups that include representatives a different level. of business and of individual taxpayers. The Scottish All those issues come together. The measure is welcome, Government participates in all those groups, which as it gives the Scottish Government and Parliament real cover in particular how reliefs for charitable contributions accountability for the proportion of tax that they can and pensions will be treated. The Government will raise locally in Scotland for the people of Scotland. publish draft legislation in advance, giving all parties an However, we must be aware that there will be many opportunity to comment. That is very much in line with small businesses, employers and employees who will be our approach outlined in “Tax policy making: a new concerned about how the measure will operate. If the approach”, which was published at the time of the June system is to be accountable and is to operate practically Budget. Tax policy making has been criticised as piecemeal for the benefit of the people of Scotland and for the and reactive. I want a new approach, with consultation Scottish Parliament, we must make sure that it is not on policy design and scrutiny of draft legislative proposals undermined by a complex set of rules that are easily as its cornerstone. circumvented as a result of tax avoidance or because I accept the motivation behind the amendment, but I genuinely self-employed or small businesses cannot hope that the hon. Member for Glasgow North (Ann understand it sufficiently. We must put support in place McKechin) agrees that this is something we are very to ensure that they follow the rules properly and so that much doing already, so the amendment is unnecessary. the measure operates in the most effective manner. Proposed new section 80G of the Scotland Act 1998 Mr Gauke: We have had a lengthy and thorough provides the Treasury with supplementary powers to debate. First, I intend to address the amendments and allow modifications to be made at a later date. It allows, then set out in a little more detail the various tests on for example, certain types of income or relief to be what constitutes a Scottish taxpayer. Finally, I hope to included or excluded from the Scottish rate to provide pick up the points that have been made in the debate the flexibility to be able to respond to stakeholder input and try to answer as many technical questions as and the changing environment. possible. Whether I will be able to find the solution to Subsection (4) of new section 80G gives the Treasury the question of whether Mr Stewart senior is a Scottish a limited power to make any changes retrospective to taxpayer remains to be seen, but I will do my best. the beginning of the tax year. The timing of the Budget Amendment 68 would require the Scottish Parliament cycle is such that many Finance Bills contain proposals to consult such persons as Scottish Ministers consider that come into effect before Royal Assent. I hesitate to appropriate before setting the Scottish rate. I believe bring back painful memories for the official Opposition, 93 Scotland Bill14 MARCH 2011 Scotland Bill 94 but hon. Members might recall that the previous the hon. Gentleman with some clarity. I hope also that Government introduced a clause at Report stage of the my comments on amendments 68 to 70 are helpful and Finance Bill 2008, increasing the personal allowance by that he now feels able to withdraw the amendments. £600 in 2008-09 in response to pressure over the abolition Amendments 42 to 44 and 47 to 50 seek to make the of the 10p rate of income tax. As is common, Royal process by which the Treasury appoints tax years to Assent did not occur until the summer of that year—until bring into effect the provisions relating to the new 21 July 2008 to be precise—but that clause took effect Scottish rate of income tax and the effective date that from the start of the tax year. A more technical example UK stamp duty land tax and landfill tax are disapplied is section 60 of the Finance Act 2006, which I imagine subject to the consent of the Scottish Parliament. This you recall well, Ms Primarolo. That redefined the income is to be indicated by way of resolution. I consider this to tax exemption for employer-provided mobile telephones, be unnecessary. We have stated our intention to commence and removed the ability of the family or household of the Scottish rate of income tax from April 2016, and to the employee to use such a phone tax free. The clause devolve the landfill tax and stamp duty land tax by took effect for the tax year 2006-07, but did not receive April 2015. Royal Assent until 19 July 2006. The Scotland Bill Committee in the Scottish Parliament welcomed these proposals, as it stated in its report. The 7.30 pm Scottish Parliament has now given its approval to the It is important therefore that, where necessary, any measures included in the Bill through the legislative order made under the powers given by section 80G can consent motion. The Bill provides for the new Scottish take effect from the start of the tax year. The Scottish rate of income tax to be brought into effect in such tax rate is to apply for a tax year, and preventing amendments year as is appointed by the Treasury as a precautionary under section 80G from applying for the whole of the measure. Appointed day orders will be issued in advance tax year could create difficulties for individuals and of disapplying the stamp duty land tax and landfill tax. businesses alike. It is also identical to the power already We have also tabled Government amendments, which I in section 79 of the 1998 Act introduced for the Scottish will come to later, to ensure that this process is completed variable rate. by order made by statutory instrument so that these are printed and published for transparency. Jim McGovern: On the subject of retrospective taxation, the previous Government committed to tax breaks for the computer games industry.Will the coalition Government Lindsay Roy: Given the points made by my hon. commit to introducing tax breaks for the computer Friend the Member for Edinburgh South (Ian Murray) games industry retrospectively to April 2010? and various other points about the need for operational effectiveness, is it likely that the introduction of the Mr Gauke: With the greatest respect to the hon. Scottish income tax rate will create additional HMRC Gentleman, I am not sure that that is entirely in order. jobs and, if so, are they likely to be based in Scotland? I am sure the Chair would not want me to be diverted into that matter. Mr Gauke: If the hon. Gentleman will forgive me, I I assure hon. Members that the Treasury is not seeking want to deal with the amendments first, as I stated in a general power to impose retrospective legislation. I my opening remarks. I will then deal with some of the am not in a position to predict what consequential questions that have been raised as a consequence, and changes might be needed to other legislation because of touch on some of the administrative consequences of future finance or other Acts in relation to the Scottish the changes. rate of income tax. The period of potential retrospection is rightly restricted to the start of the tax year in which We made it clear in the Command Paper that the order is made, so that if we need to make a consequential accompanied the Bill that if the Scottish Parliament is change it can take effect at the same time as the provision not ready to introduce the smaller taxes in April 2015, to which it is consequential. To do otherwise would we would consider delaying the switch-off of the UK-wide create complexities. versions of the taxes in Scotland. That said, we must be clear that clauses 29 and 31 enable the disapplication of the existing tax in Scotland. Should the Scottish Stewart Hosie: The Minister will recall that on a Government and Parliament decide that they do not small number of occasions an anti-avoidance measure wish to put in place a Scottish version to cover the went further back than the start of a financial year. In existing tax base, we will not leave the current stamp those circumstances, would he have to come back and duty land tax or landfill tax in place. It will be for the seek a different power so that an avoidance measure in Scottish Government to decide what, if any, arrangements England went further back than the start of the financial they wish to put in place in this area once it is devolved year in Scotland? I would not like to see such an to the Scottish Parliament. irregularity.

Mr Gauke: The hon. Gentleman is right. There are Stewart Hosie: That is clear. The problem arises if the circumstances in which anti-avoidance measures have timing is wrong. Why would the Minister disapply the been retrospective and go back further. As I say, the existing legislation and leave a gap for the Scottish power would take us only to the beginning of the Government to fill at some point in the future? Why relevant tax year in which the order is made. Other sorts should disapplication not happen until the Scottish of anti-avoidance measure would not fall under this Parliament gives its explicit consent? Making that happen power because of the constraint within it. The Bill is properly would match the respect agenda and avoid any not designed to meet that purpose. I hope that provides difficulties. 95 Scotland Bill14 MARCH 2011 Scotland Bill 96

Mr Gauke: The Scottish Parliament has made it clear A Scottish taxpayer will be someone who meets two that it supports the proposals. We are setting them out tests in a tax year. The first test is that the individual in some years in advance. My understanding is that there question is UK resident for tax purposes. It is important is a consensus on the proposals, and it is for the Scottish to emphasise that the definition does not disturb those Government to ensure that there is no gap after 2015. rules or increase their complexity, but merely sits on top We have made it clear that we will work closely with of them. We are not replacing the underlying rules of the Scottish Government as we move towards full UK tax residence with an entirely new concept of implementation of the measures set out in the Bill. This Scottish tax residence. The second test is whether the engagement will ensure that the Scottish Government individual meets any one of three conditions—A, B can keep the Scottish Parliament apprised of or C. implementation work in good time. I consider the additional Condition A is that the individual has a “close requirements to be unnecessary, and I therefore urge the connection” with Scotland, which is defined in proposed hon. Member for Dundee East to withdraw the new section 80E. For the majority of people, it will be a amendments. straightforward question of whether they have a close I shall deal briefly with Government amendments 61 connection with Scotland. If they have one place of to 66, and new clause 18. These are minor and technical residence in the UK and it is in Scotland, they will have and ensure that we have a proper parliamentary process a close connection with Scotland and will therefore be a attached to the provisions that bring into effect the Scottish taxpayer, provided that they live there for at provisions of the Bill. Government amendments 61 to least part of the year. This last condition—that the 64 amend the existing provisions in the Bill to bring into individual lives in the place of residence—is a crucial effect the provisions in clauses 26, 29 and 31. The part of the definition and ensures that it is simple to amendments make it explicit that the days or tax years operate. Someone may stay in a place of residence appointed by the Treasury under these clauses will be which is not their home, perhaps while on holiday or as appointed in orders made by the Treasury. New clause 18 part of their work, but such nights away are disregarded ensures that these Treasury orders are classed as statutory because those are not places where the person lives, but instruments and are therefore printed and published. merely places where they stay. Government amendments 65 and 66 both amend the Let us consider the example of sales reps who have existing provisions in clause 38 relating to commencement. one home in England in which they live with their These should be read in conjunction with new clause family at weekends, but who spend their working week 18, which ensures that the order-making powers provided in Scotland. While they are away, they stay in a variety for by the Bill are all statutory instruments and therefore of hotels. Because the family home in England is the subject to the applicable parliamentary process. The only place in which they live, they will not have a close amendments do not have any substantial effect on the connection with Scotland and will therefore not be a provisions in the Bill, and are simply drafting amendments. Scottish taxpayer, even though they physically spend I commend them to the Committee. more nights in Scotland than they do in England. That A number of hon. Members asked about the definition is all they need to do; there is no requirement for them of a Scottish taxpayer. Let me say at the outset that the to keep a detailed record of the number of nights they Bill sets out a definition of Scottish taxpayers, as opposed spend in each part of the UK. This is one way in which to Scottish residents, and can therefore apply, we have sought to improve on the definition of a notwithstanding the absence of a statutory residence Scottish taxpayer set out in the 1998 Act, which would test. It might be help if I set out how that will work. The have required people in such a position to keep records definition of a Scottish taxpayer will determine which of the days they spend in each part of the UK. individuals are liable to pay income tax at the rate set by the Scottish Parliament. It is based on the definition Mrs Anne McGuire (Stirling) (Lab): I want to offer included in the Scotland Act 1998 for introducing legislation the Minister a note of caution, as the understanding of on the Scottish variable rate, a point made by my hon. where a person lives and where they stay is slightly Friend the Member for Carlisle (John Stevenson). However, different in Scotland. I hope he will come up with we have taken the opportunity to review the definition something that is legally a little more robust than the to make it easier to administer and simpler to apply, simple distinction between staying and living. The nods and to remove some of the potential unfairness that from Scottish Members, who understand the vernacular, could arise from the application of the definition provided verify the advice that I am trying to give him. for the purposes of the Scottish variable rate. Following the recommendation of the Scottish 7.45 pm Parliament Committee that examined the Bill, which was endorsed by the Scottish Parliament on 10 March, Mr Gauke: I am always grateful for advice on Scottish we also intend to table a new clause on Report to apply vernacular, and to the right hon. Lady for her comments. the new definition of a Scottish taxpayer for the purposes If I may complete my explanation, I hope that things of the Scottish variable rate. The new definition is will prove to be reasonably clear. structured as a series of conditions that will enable an If someone has two or more places of residence in the individual to see whether they are a Scottish taxpayer. UK, the question of whether or not they have a close Where they meet any one of these conditions, they can connection with Scotland will depend on whether their simply disregard the remainder. As I will explain in a main place of residence is located in Scotland for at moment, this means that relatively few people will need least as much time as they spend somewhere else in the to consider every condition. In other words, the definition UK, again provided that the place of residence is where will produce an answer in only a few steps, avoiding the they live. This will apply to those who split their time need for the majority of people to record and count the between a house in Scotland and a house somewhere number of days spent in Scotland. else in the UK, both of which can be described as their 97 Scotland Bill14 MARCH 2011 Scotland Bill 98 main place of residence. It will also apply to those in the UK—in other words, a straightforward day count individuals who sell their homes sometime during the test. If they spend more days in Scotland than they do tax year and move from Scotland to somewhere else in elsewhere in the UK, they will be a Scottish taxpayer. If the UK, or vice versa. Within that year, they will have they spend more days elsewhere in the UK than they more than one place of residence in the UK, and which do in Scotland, they will not be a Scottish taxpayer. We of those will be their main place of residence will recognise that it might be onerous in some cases to have effectively depend on what stage in the year they move to keep a day count record, but the number of people house. In the case of someone who starts the year with within that category should be relatively few. their home in Scotland but moves to England after To deal with one question that my hon. Friend the eight months, their Scottish home will be their main Member for Milton Keynes South (Iain Stewart) raised, place of residence for longer than their new home in for the purposes of the day count, an individual has England. Such individuals will therefore be a Scottish spent a day in Scotland or in any part of the UK when taxpayer for the full tax year. they are present at the end of the day—in other words, Condition A has been designed to enable the vast at the stroke of midnight. That is consistent with the majority of people to decide whether they are a Scottish existing and long-standing rules that determine presence taxpayer without the need to consider the other two in the UK for the purposes of tax residence. conditions. After all, most people will have no difficulty Condition C, which I suspect is of particular interest deciding where their main place of residence is located. to a number of hon. Members, is set out in proposed new section 80D of the 1998 Act and is very straightforward. Iain Stewart: Will the Minister give way? If someone represents a Scottish constituency in the Scottish, UK or European Parliaments for any part of Mr Gauke: I will, but with some trepidation. the year, they will be a Scottish taxpayer for that tax year, provided of course they are UK resident, which I Iain Stewart: I have been listening carefully to what assume will generally be the case. The definition has the Minister is saying but am still a little puzzled. I also been designed in such a way that an individual will understand the example of a sales rep who might use be a Scottish taxpayer for a full year. They cannot be a hotels or temporary accommodation, but if the other Scottish taxpayer for part of the year and not a Scottish residence is another house or flat that the resident has taxpayer for the rest of the year. That again helps to registered for council tax or for the purpose of being on reduce unnecessary complexity in applying the definition the electoral register, for example, does that come under and understanding of whether or not an individual is a that definition? My father, for example, could self-declare Scottish taxpayer. his home in Scotland as his principal residence, even It is envisaged that the new Scottish rate of income though he might spend a minority of the time in a year tax will first be applied from 6 April 2016, as we have there. already heard. There are more than five years before the provisions take effect, and during that time we will Mr Gauke: The ordinary meaning of the main place continue to discuss with businesses, employers, taxpayer of residence is set out in case law. It is not necessarily representatives, charities and software providers the determined by the number of days one spends at a necessary practical steps to achieve a successful location. To use the example of my hon. Friend’s father, implementation. The measure will need to work successfully if a commuter has his family home in Hamilton and throughout the UK tax system, as it will not impact on stays there every weekend, although he might spend Scottish taxpayers or on Scottish employers alone. more time at work in London, Hamilton would be his HMRC has therefore established three technical groups main residence. HMRC guidance will provide a number with representatives throughout the UK, including a of worked examples of that. I am reluctant to give too pensions group, charities group and an income tax much information that could constitute specific advice, group. Those groups are reporting to the high-level as I obviously cannot comment on individual cases, but implementation group, which the Secretary of State I hope that that is helpful. and I established last summer. We are discussing with the technical groups the implementation issues—for Jim McGovern: I presume, and hope, that the Minister example, the application of differing rates throughout has discussed what he is talking about with the UK on tax relief for contributions to pension schemes Parliamentary Standards Authority. and on gift aid. It is also conceivable, given the lead time to implementation, that there might be changes in the Mr Gauke: I will come to condition C in a moment, business or tax environment or to processes. which I hope will provide the hon. Gentleman with the As we discussed when considering the earlier answer that he and others are looking for. amendments, the clause includes a number of Having dealt with condition A, it would remiss of me supplementary powers to allow certain modifications to not to address condition B. It is possible for some be made at a later date—for example, enabling certain people with two or more places of residence in the UK types of income or relief to be included or excluded to be unable decide which is their main place of residence. from the Scottish rate to provide the flexibility to respond I do not think that that applies to Mr Stewart senior, to stakeholder input and to the changing environment. but it might apply in some cases. It is for such people I shall pick up on some of the questions that I have that condition B has been designed. Someone who not dealt with in my explanation, which I hope the cannot determine under condition A which part of the Committee has found helpful. A worker who spends UK they have a close connection with will need to significant amounts of time on an offshore oil rig or count the number of days they spend in Scotland, another place of work off the UK coastline will not compared with the number of days they spend elsewhere usually need to count the number of days they spend 99 Scotland Bill14 MARCH 2011 Scotland Bill 100

[Mr Gauke] The rights of appeal will be based on existing mechanisms, but they might need to be adapted, and there to determine whether they are a Scottish taxpayer. HMRC will discuss that with the professional associations The oil rig is not likely to be their sole or main place of in due course through the technical groups that it has residence in the UK, so any time spent on it can be established. The self-assessment form for the self-employed disregarded when deciding whether they are a Scottish will need to be altered to reflect the existence of Scottish taxpayer. The only exception is if the location of the taxpayers. individual’s main place of residence is genuinely unclear. On condition C, which applies to Members of Parliament In such cases, whether someone is a Scottish taxpayer and of other elected bodies, the question was asked, will be determined by the day count. If the oil rig is in “Why not Scottish judges, other senior members of the Scotland, those days will need to be included for the Scottish civil service and so on?” We have singled out Scottish count. only elected representatives; others will be subject to We continue to look, with the Ministry of Defence, at the same rules as other Scottish taxpayers. We think it the issues surrounding our armed services, and we will appropriate that there is no ambiguity in the case of come to a firm conclusion on that in the near future. elected representatives, and those representing Scottish The question was raised of whether a personal constituencies at whatever level should be Scottish taxpayers. representative of a deceased person will be a Scottish That is a rather lengthier speech than I had hoped to taxpayer, and the answer is no. A Scottish taxpayer will make, but a number of questions were raised and I be an individual, and after their death that will not wanted to provide as many answers as possible to what extend to the personal representative. It follows that any is one of the most technically challenging aspects of the income arising during the administration of the deceased’s Bill. The solutions that we have reached are those that estate will not be subject to the Scottish rate of income improve what we are building on, and they should tax. provide as much clarity as possible. I was asked whether it was fair that people will not Ann McKechin: May I welcome you to the Chair receive split-year treatment when they move between again on this Bill, Ms Primarolo? I also thank the Scotland and the rest of the UK, and I touched on that Minister for a full explanation of the various technical briefly a moment ago. No split-year treatment applies measures, and for his response to the questions that to those leaving or arriving in Scotland: an individual have been raised in the debate. I appreciate that it might will be a Scottish taxpayer for a full tax year or not at not have been the most exciting debate; indeed, it might all. There is no prospect of double taxation when someone have rendered some Members closer to sleep than the lives part of the year in Scotland and the rest of the Caledonian sleeper could have done. Nevertheless, it is time in another part of the UK. It would be administratively important that we have on the record the Government’s much more complex were we to try to split the year. response to a number of key questions that, when we On whether proposed new section 80G is too broad, come to implementation, will impact on many hundreds that goes back to my earlier discussion of the amendments of thousands of people. It is important that we have as in this group. The power in the new section is needed to full a picture as possible in our debate this evening. deal with mainly technical changes and to decide which I accept the Minister’s comments about amendment 68 reliefs should be taxed at the variable or UK rates. That requiring the Scottish Government to consult such persons is almost a mirror image of the power to deal with the as they consider appropriate. The taxpayer would anticipate consequences of setting the Scottish variable rate, which and expect the various business organisations and tax is already in section 79 of the 1998 Act. It is worth specialists who are generally consulted by the UK Treasury pointing out, as I said earlier, that we have set up three as a matter of routine and good practice to receive the technical committees, on charities, pensions and income same approach and level of consultation from the Scottish tax, to discuss the impact that the Scottish rate of Government. I am sure that the Scottish Government, income tax will have on the wider tax system, and to of whichever political hue, will want a full consultative consider where modifications might be required. Therefore, process. The Minister noted that the Scottish Parliament we need the power to deal with that situation. has a specific power to lay this down in Standing I reassure the Committee that the Treasury does not Orders, and I hope that it will give recognition to what seek a general power to impose retrospective legislation; has been said in this debate. the measure set out in proposed new section 80G is limited to the start of the tax year. If we need to make a 8pm consequential change, we will ensure it takes effect at I note the Minister’s comments on amendment 69, the same time as the provision to which it is consequential. which have been helpful in clarifying the Government’s We think that that will be helpful. approach and the fact that they already have a number A point was made about what HMRC and the of mechanisms, with the Joint Ministerial Committee Government will do to support employers, and about and the interchange of work with civil servants on both the concern that the measure might be administratively sides of the border, through which they can consult difficult for employers when identifying who is and is Scottish Ministers. That is a very strong and robust not a Scottish taxpayer. Let me assure the Committee system, and it is important that it is maintained and that it will be HMRC’s responsibility to identify who is enhanced as we go through this process over the next and is not a Scottish taxpayer. Scottish taxpayers will few years, when it will be important that all parties then be given a Scottish tax code by HMRC, and work together as closely as possible to ensure that employers will use it in the PAYE system, just as they do policies work. with other employees. It is also worth mentioning that This debate has shown up the complexities regarding there will be an awareness campaign in Scotland and in residency. My right hon. Friend the Member for Stirling the rest of the UK ahead of the system’s introduction. (Mrs McGuire) was right to point out how the 101 Scotland Bill14 MARCH 2011 Scotland Bill 102 interpretation of where someone stays or lives can have people there, and it was absolutely essential that he got different connotations. Those of us who have represented off. He duly woke up in the morning and found himself a constituency for a number of years will recognise the at Glasgow Central station. The guard opened the door complex personal lives that some of our constituents and said, “I know you’re really angry, but you’re not as have. They may sometimes be a bit reluctant to tell angry as the man we shoved off the train at Motherwell.” people where they are staying or living at any particular I am sure that there are many such stories about Members time of the week or month of the year. of Parliament. I note the Minister’s comments regarding residency Mrs McGuire: Does my hon. Friend recognise that of Members of Parliament. Some people might think the situation can be further complicated if one asks we are getting special preferential treatment so that we where they come from? can easily distinguish whether we are UK tax residents who are not living in Scotland or vice versa. However, I Ann McKechin: Yes, indeed. do not object to the definition. Perhaps it makes things That brings us to how the questions are phrased on a little easier if, when the Bill becomes law, we are asked any self-assessment form and the guidance that is provided awkward questions about our own position. I am sure to individual taxpayers and to their employers. Obviously, that some of the points raised today will be considered employers will have a high level of responsibility in by implementation committees. advising their staff about whether they will be covered. On the Minister’s comments about armed forces The Minister cited the example of a travelling salesman, personnel, we need to be able to define this at a fairly but there are many other examples of staff who travel early point. It would be preferable if at some point the country from time to time. Some people’s lives are during the passage of the Bill—certainly before it comes entirely peripatetic—entertainers, for instance. I remember back from the Lords—we knew about the position of many years ago, when I was a lawyer, acting for entertainers the armed forces. Will the Minister ask his colleagues to who spent the summer season living down in Blackpool ensure that we have a definitive response before we and then came back up to Scotland for the winter season. reach our final conclusions on the Bill? The Minister’s comments on amendment 70 were Mrs (Epping Forest) (Con): Does the helpful in defining the circumstances in which retrospective hon. Lady recall the leading case on residence in Scots amendments may be made. I acknowledge that there law—Udny vs. Udny—in which the fact that the person will be limited circumstances where that is appropriate. in question, despite having a house in England, continued Given the timing of the Budget, it is almost inevitable to take The Sunday Post every week proved that he was that this may occur from time to time. His clarification still domiciled in Scotland? helped to show that he regards this as a de minimis clause rather than one that will be used to the maximum Ann McKechin: Indeed. The hon. Lady attracts me extent. However, I hope that he can assure us that into an interesting debate on the difference between Scottish Ministers and the Scottish Government will be residency and domicile, but I am not going to bore the provided, at the earliest opportunity, with information Committee—I can see that the Under-Secretary is getting about how this is likely to impact on them. Perhaps it is a bit concerned—about the distinction between the two. part of the Exchequer’s standard consultation process That sort of thing keeps tax lawyers very busy. and pre-Budget report that it is fully engaged with the Scottish Government so that they are able to make Jim McGovern: Surely my hon. Friend would agree appropriate contingency plans should a clause in the that going to Blackpool in the summer guarantees that Finance Bill then be passed by this House and by the one is Scottish. House of Lords. I believe that we have had a reasonable level of Ann McKechin: Indeed. Travelling down there on the reassurance from the Minister on those questions. These train to the Labour party conference on a Glasgow are primarily probing amendments. Accordingly, I beg holiday weekend was an interesting experience. One to ask leave to withdraw the amendment. could easily distinguish between those who were delegates Amendment, by leave, withdrawn. and those who were on their holidays. I remember one occasion when people had brought along half a band, Clause 26 which was playing on the train. SCOTTISH RATE OF INCOME TAX The hon. Member for Milton Keynes South (Iain Stewart) and others commented on the Caledonian Amendment made: 61, page 20, line 31, after ‘Treasury’, sleeper. Let me say that the Caledonian sleeper provides insert ‘by order’.—(Mr Gauke.) an essential travel service for many of us, and long may Amendment proposed: 42, page 20, line 31, after it remain so, because otherwise our travel plans would ‘Treasury’, insert be even more difficult than they are given that certain ‘, with the consent of the Scottish Parliament,’.—(Stewart Hosie.) flights will be withdrawn at the end of this month. That Question put, That the amendment be made. brings to mind a story that I recall being told about a The Committee divided: Ayes 9, Noes 286. colleague who represented the city of Glasgow many years ago, and who was a member of the railwaymen’s Division No. 223] [8.9 pm union. He regularly managed to sleep on the train. One AYES night, he asked the guard to make sure that he was taken off the train at Motherwell, not Glasgow, because Hosie, Stewart MacNeil, Mr Angus Brendan he had to address a union meeting just before the Llwyd, rh Mr Elfyn Robertson, Angus workers went on shift. There would be several hundred Lucas, Caroline Skinner, Mr Dennis 103 Scotland Bill14 MARCH 2011 Scotland Bill 104

Weir, Mr Mike Tellers for the Ayes: Hughes, rh Simon Parish, Neil Whiteford, Dr Eilidh Pete Wishart and Hunt, rh Mr Jeremy Patel, Priti Williams, Hywel Jonathan Edwards Hunter, , Mark Huppert, Dr Julian Penning, Mike Jackson, Mr Stewart Penrose, John NOES James, Margot Percy, Andrew Adams, Nigel Djanogly, Mr Jonathan Jenkin, Mr Bernard Phillips, Stephen Afriyie, Adam Donaldson, rh Mr Jeffrey M. Johnson, Gareth Pickles, rh Mr Eric Aldous, Peter Dorrell, rh Mr Stephen Johnson, Joseph Poulter, Dr Daniel Alexander, rh Danny Dorries, Nadine Jones, Andrew Prisk, Mr Mark Amess, Mr David Doyle-Price, Jackie Jones, Mr David Pritchard, Mark Andrew, Stuart Drax, Richard Jones, Mr Marcus Pugh, John Arbuthnot, rh Mr James Duddridge, James Kawczynski, Daniel Raab, Mr Dominic Bacon, Mr Richard Duncan, rh Mr Alan Kirby, Simon Randall, rh Mr John Bagshawe, Ms Louise Ellis, Michael Knight, rh Mr Greg Reckless, Mark Baker, Norman Ellison, Jane Kwarteng, Kwasi Redwood, rh Mr John Baker, Steve Ellwood, Mr Tobias Laing, Mrs Eleanor Rees-Mogg, Jacob Baldry, Tony Elphicke, Charlie Lamb, Norman Reid, Mr Alan Baldwin, Harriett Eustice, George Lancaster, Mark Robathan, rh Mr Andrew Barclay, Stephen Evans, Graham Lansley, rh Mr Andrew Robertson, Mr Laurence Barker, Gregory Evans, Jonathan Leadsom, Andrea Rogerson, Dan Barwell, Gavin Evennett, Mr David Lee, Jessica Rosindell, Andrew Bebb, Guto Fabricant, Michael Leech, Mr John Rudd, Amber Beith, rh Sir Alan Fallon, Michael Lefroy, Jeremy Ruffley, Mr David Bellingham, Mr Henry Farron, Tim Leigh, Mr Edward Russell, Bob Benyon, Richard Field, Mr Mark Leslie, Charlotte Rutley, David Beresford, Sir Paul Fox,rhDrLiam Lewis, Brandon Scott, Mr Lee Berry, Jake Francois, rh Mr Mark Lewis, Dr Julian Selous, Andrew Bingham, Andrew Freeman, George Liddell-Grainger, Mr Ian Shapps, rh Grant Binley, Mr Brian Fullbrook, Lorraine Lilley, rh Mr Peter Sharma, Alok Birtwistle, Gordon Fuller, Richard Lopresti, Jack Simmonds, Mark Blackman, Bob Gale, Mr Roger Loughton, Tim Simpson, Mr Keith Blackwood, Nicola Garnier, Mr Edward Luff, Peter Skidmore, Chris Blunt, Mr Crispin Garnier, Mark Lumley, Karen Smith, Miss Chloe Boles, Nick Gauke, Mr David Macleod, Mary Smith, Henry Bone, Mr Peter George, Andrew Main, Mrs Anne Smith, Julian Bradley, Karen Gibb, Mr Nick May, rh Mrs Theresa Soames, Nicholas Brady, Mr Graham Glen, John Maynard, Paul Soubry, Anna Brake, Tom Goldsmith, Zac McCartney, Jason Spencer, Mr Mark Bray, Angie Goodwill, Mr Robert McCartney, Karl Stanley, rh Sir John Brazier, Mr Julian Graham, Richard McIntosh, Miss Anne Stephenson, Andrew Bridgen, Andrew Grant, Mrs Helen McLoughlin, rh Mr Patrick Stevenson, John Brine, Mr Steve Grayling, rh Chris McPartland, Stephen Stewart, Bob Brooke, Annette Green, Damian McVey, Esther Stewart, Iain Bruce, Fiona Greening, Justine Menzies, Mark Stewart, Rory Buckland, Mr Robert Griffiths, Andrew Mercer, Patrick Streeter, Mr Gary Burns, Conor Gummer, Ben Metcalfe, Stephen Stride, Mel Burns, rh Mr Simon Gyimah, Mr Sam Miller, Maria Stuart, Mr Graham Burrowes, Mr David Halfon, Robert Mills, Nigel Stunell, Andrew Burstow, Paul Hames, Duncan Moore, rh Michael Sturdy, Julian Burt, Alistair Hammond, Stephen Mordaunt, Penny Swales, Ian Burt, Lorely Hancock, Matthew Morgan, Nicky Swayne, Mr Desmond Byles, Dan Hancock, Mr Mike Morris, Anne Marie Swinson, Jo Carmichael, rh Mr Alistair Harper, Mr Mark Morris, David Swire, rh Mr Hugo Carmichael, Neil Harris, Rebecca Morris, James Syms, Mr Robert Carswell, Mr Douglas Hart, Simon Mosley, Stephen Timpson, Mr Edward Cash, Mr William Harvey, Nick Mowat, David Tomlinson, Justin Chishti, Rehman Haselhurst, rh Sir Alan Mulholland, Greg Turner, Mr Andrew Clark, rh Greg Hayes, Mr John Mundell, rh David Tyrie, Mr Andrew Clifton-Brown, Geoffrey Heald, Mr Oliver Munt, Tessa Uppal, Paul Coffey, Dr Thérèse Heath, Mr David Murray, Sheryll Vara, Mr Shailesh Cox, Mr Geoffrey Hemming, John Murrison, Dr Andrew Vickers, Martin Crabb, Stephen Henderson, Gordon Neill, Robert Villiers, rh Mrs Theresa Crockart, Mike Herbert, rh Nick Newmark, Mr Brooks Wallace, Mr Ben Crouch, Tracey Hinds, Damian Newton, Sarah Walter, Mr Robert Davey, Mr Edward Hollingbery, George Nokes, Caroline Ward, Mr David Davies, David T. C. Hollobone, Mr Philip Norman, Jesse Watkinson, Angela (Monmouth) Holloway, Mr Adam Nuttall, Mr David Weatherley, Mike Davies, Glyn Hopkins, Kris Offord, Mr Matthew Webb, Steve Davies, Philip Horwood, Martin Ollerenshaw, Eric Wharton, James de Bois, Nick Howarth, Mr Gerald Opperman, Guy Wheeler, Heather Dinenage, Caroline Howell, John Ottaway, Richard Whittaker, Craig 105 Scotland Bill14 MARCH 2011 Scotland Bill 106

Willetts, rh Mr David Wright, Jeremy pay the tax in question. Perhaps he could clarify for the Williams, Mr Mark Wright, Simon record that that relates to people acting in their official Williams, Roger Young, rh Sir George capacity, and that if they happen to have property in Williams, Stephen Zahawi, Nadhim Scotland on a personal basis, they will still be liable for Williamson, Gavin Tellers for the Noes: the tax. Wilson, Mr Rob Mr Philip Dunne and Will the Government undertake that they will not Wollaston, Dr Sarah Bill Wiggin appoint the day on which the tax powers will come into effect until the Scottish Government confirm that they Question accordingly negatived. have satisfactory legislation in effect? I realise that the Amendment made: 62, page 20, line 35, after ‘Treasury’, proposed implementation date is 2015, and perhaps the insert ‘by order’.—(David Mundell.) Exchequer Secretary could confirm that that is still Clause 26, as amended, ordered to stand part of the the Government’s intention. It is important that people Bill. with an interest in property have an early indication of Schedule 3 agreed to. when they can expect the tax to be changed. Mark Lazarowicz: I, too, have a couple of questions, Clause 27 and I would be most grateful if the Exchequer Secretary could deal with them. Does he believe that the provisions INCOME TAX FOR SCOTTISH TAXPAYERS of the clause mean that the tax will be applied at the Question proposed, That the clause stand part of the same rate throughout Scotland, or will it be possible for Bill. different rates to apply to different parts of Scotland? At the moment, for example, there are times when Ann McKechin: I wish to ask the Exchequer Secretary stamp duty land tax is waived for certain areas that a couple of questions about this technical clause. Can require special assistance. Could that still apply? he confirm how deductions for pension contributions and gift aid will be made? Will the taxpayer be able to Will the Scottish Parliament have the ability to delegate choose the order of deductions against various sources the power in clause 28 to local authorities, for example, of income? so that varied rates could be offered? I am aware that that would not normally be permissible, but the Exchequer The Scottish Parliament will need to know the size of Secretary will certainly remember the debate about the the tax base before setting the rate. Will the Government possibility of a local income tax in Scotland a couple of undertake to ensure that they give the Scottish Parliament, years ago. There was a suggestion that if the Scottish as well as the Scottish Government, early notice of Parliament introduced such a tax, it would be ultra vires. changes in the level of income tax personal allowance That was never tested, because of course the legislation and thresholds? I asked that question in relation to never went through. The suggestion was that a local clause 26, but it is important to have the earliest possible income tax could give local authorities the power to consultation and information given not only to the levy income tax through the back door. Similarly, it Scottish Government but to the Scottish Parliament. could be suggested that they be given the power to vary Mr Gauke: I thank the hon. Lady for her questions. If stamp duty land tax if the Scottish Parliament allowed somebody is classed as a Scottish taxpayer, they will be them to do so. I would very much appreciate some liable for income tax at Scottish rates on the income that guidance on those points. they receive from their pension. We recognise that the I do not want to skip ahead to clause 30, but the same treatment of reliefs associated with pension contributions question applies to tax on disposals to landfill—will is complex, and our approach will be set out in there be a Scottish rate, or could it be varied? Perhaps implementing legislation. Her Majesty’s Revenue and the Minister could give me the same reply to deal with Customs has set up a pensions technical group to consider both clauses. those very issues, and it is examining the practical questions surrounding the new Scottish rate and will make Mr Gauke: As far as the list contained in proposed its recommendations in due course. Those recommendations section 80J is concerned, I can provide the reassurance will inform the implementing legislation. There are that transactions will be non-taxable only when people some potentially difficult administration issues to consider, are acting in their official capacity. There is not some and HMRC is working with the sector to keep the perk being made available to particular people. administrative burdens to a minimum. The switching-off of stamp duty land tax will be Question put and agreed to. achieved by Treasury order. However, the UK Government Clause 27 accordingly ordered to stand part of the Bill. will consult the Scottish Government in setting the switch-off date and will not disapply SDLT in Scotland Clause 28 until the Scottish Government have the necessary legislation and administrative arrangements in place for the devolved tax. SCOTTISH TAX ON TRANSACTIONS INVOLVING INTERESTS IN LAND The Scottish Government will be able to delegate the Question proposed, That the clause stand part of the SDLT power in question to local authorities, so the Bill. matter could be further localised. Ann McKechin: Again, I should like to ask the Exchequer Mark Lazarowicz: I thank the Exchequer Secretary Secretary a couple of technical questions about the for his answer on that point, which I think will be implementation of the clause. He has defined in proposed received with some interest in Scotland. My other, new section 80J(2) the people who will not be liable to perhaps more substantial, question was whether the 107 Scotland Bill14 MARCH 2011 Scotland Bill 108

[Mark Lazarowicz] Amendments 35 and 36 omit provisions in the Finance (No. 2) Act 2005 and the Public Finance and Accountability Scottish Government could implement a variable rate (Scotland) Act 2000, which is an Act of the Scottish of SDLT, or whatever equivalent they wished to introduce, Parliament relating to functions of the keeper of the in different parts of Scotland. For example, could they registers of Scotland. Those relate to the registers of decide that in certain areas of high unemployment there Scotland’s automated registration of title to land system, would be no SDLT, or a lower rate? Would that be which includes facilities for returns and payment of within their powers? stamp duty land tax. Lastly, amendment 36 makes detailed modifications Mr Gauke: Yes, that would be within the Scottish to the provisions in the Finance Act 2009 in relation to Government’s power. I hope that my points of clarification alternative finance investment bonds or sukuk. Those are helpful to the Committee, and that the clause will modifications reflect the fact that the stamp duty land stand part of the Bill. tax relief will no longer apply to sukuk in relation to Question put and agreed to. land in Scotland, although the provisions for capital Clause 28 accordingly ordered to stand part of the Bill. gains and capital allowances will continue to apply. Those changes are essential to the proper operation of stamp duty land tax after the tax is disapplied in Scotland. Clause 29 Amendment 33 agreed to. DISAPPLICATION OF UK STAMP DUTY LAND TAX Amendments made: 34, page 35, line 36, at end insert— Amendment proposed: 63, page 23, line 12, after ‘( ) In paragraph 10 (tenants’ obligations etc that do not count ‘Treasury’, insert ‘by order’.—(Mr Gauke.) as chargeable consideration), in sub-paragraph (1)(a) omit “(in Scotland, the leased premises)”.’. Mark Lazarowicz: For the sake of clarity, the point Amendment 35, page 36, line 9, at end insert— that I raised about the Scottish Government’s ability— ‘Finance (No. 2) Act 2005 The Second Deputy Chairman of Ways and Means In section 47 of the Finance (No. 2) Act 2005 (e-conveyancing) omit— (Dawn Primarolo): Order. I am sorry. I should have put the Question, because the amendment has already been (a) subsection (1); debated in a previous group. (b) subsection (6)(b).’. Amendment 63 agreed to. Amendment 36, page 36, line 12, at end insert— Clause 29, as amended, ordered to stand part of the ‘Finance Act 2009 Bill. (1) Schedule 61 to the Finance Act 2009 (alternative finance investment bonds) is amended as follows. (2) Paragraph 1 (interpretation) is amended as follows. (3) In sub-paragraph (1)— Schedule 4 (a) before the definition of “HMRC” insert— ““effective date”, for a transaction relating to land in SCOTTISH TAX ON LAND TRANSACTIONS: Scotland, is the date which would be the effective CONSEQUENTIAL AMENDMENTS date (under section 119 of FA 2003) if Part 4 of FA 2003 applied to land in Scotland;”; 8.30 pm (b) omit the definition of “qualifying interest”. Mr Gauke: I beg to move amendment 33, page 33, line 33, (4) After sub-paragraph (1) insert— after ‘buyers)’ insert— (1A) In this Schedule “qualifying interest”— ( ) in subsection (2)(b) after “under the law of” insert (a) in relation to land in England and Wales or Northern “Scotland or”; Ireland, means a major interest in land (within the ()’. meaning given by section 117 of FA 2003) except that it does not include a lease for a term of years of The Second Deputy Chairman of Ways and Means 21 years or less; (Dawn Primarolo): With this it will be convenient to (b) in relation to land in Scotland, means— discuss Government amendments 34 to 36. (i) the interest of an owner of land, or (ii) the tenant’s right over or interest in a property Mr Gauke: Schedule 4, which is introduced by clause 29, subject to a lease, makes consequential provisions in connection with the except that it does not include a lease for a period of 21 disapplication of stamp duty land tax in Scotland, and years or less.” is in two parts. Part 1 provides for general amendments to stamp duty land tax legislation in consequence of (5) Paragraph 5 (conditions for operation of relief) is amended as follows. stamp duty land tax ceasing to apply in Scotland, and part 2 provides for the Scottish Government to supply (6) In sub-paragraph (6) (Condition D)— information to HMRC regarding Scottish land tax. (a) after “Condition D” insert “(which applies in the case of land in England and Wales or Northern Ireland)”; Amendment 33 makes changes to the stamp duty land tax first-time buyers relief to ensure that a person (b) omit paragraph (b). who has previously bought a property in Scotland (7) In sub-paragraph (7) (charge or security for purposes of cannot qualify for relief when he or she subsequently Condition D)— purchases a property in England, Wales or Northern (a) omit “or security”; Ireland. Amendment 34 omits a further reference to (b) in paragraph (a) omit “, or a security ranking first Scottish land law terminology. granted over,”. 109 Scotland Bill14 MARCH 2011 Scotland Bill 110

(8) In paragraph 6(1)(a) (relief from stamp duty land tax) for The revenue raised by the tax will remain in Scotland “the United Kingdom” substitute “England and Wales or for use by the Scottish Government. Clause 30 provides Northern Ireland”. as blank a canvas as possible for the Scottish Government (9) In paragraph 7 (withdrawal of relief in certain to design their tax by simply providing the power to circumstances)— introduce a tax on material disposed of as waste to (a) in sub-paragraph (1) after “This paragraph applies if” landfill sites in Scotland. It will come into effect when insert “paragraph 6 applies but”; the Bill receives Royal Assent, which will allow the (b) in sub-paragraph (2) after “This paragraph also applies Scottish Parliament to legislate for the devolved tax, if” insert “paragraph 6 applies but”. and for the Scottish Government to make the necessary (10) In paragraph 9 (discharge of charge when conditions for administrative arrangements. The clause, however, provides relief met) omit “or security”. that the devolved tax cannot apply to disposals made (11) In paragraph 11(2) (disapplication of CGT relief if charge before the date on which the existing UK landfill tax is not given) for “the United Kingdom” substitute “England and disapplied in Scotland, as provided in clause 31. Wales or Northern Ireland”. To answer the question on landfill tax competition, (12) In paragraph 12(1)(b) (CGT relief on second transaction) the Government are fully devolving that matter. Those for “the United Kingdom” substitute “England and Wales or setting the structure and rates of landfill tax in Scotland Northern Ireland”. will clearly want to take into account the factors that (13) In paragraph 18(5) and (6) (discharge of charge if original were raised, such is the nature of devolution in such land replaced)— areas. (a) for “the United Kingdom” substitute “England and Question put and agreed to. Wales or Northern Ireland”; (b) omit “or security”. Clause 30 accordingly ordered to stand part of the Bill. (14) In paragraph 19(1) (HMRC to notify Registrar of discharge)— Clause 31 (a) omit “or security”; (b) omit paragraph (b). DISAPPLICATION OF UK LANDFILL TAX Public Finance and Accountability (Scotland) Act 2000 (asp 1) Amendment made: 64, page 24, line 8, after ‘Treasury’, In section 9(1) of the Public Finance and Accountability insert ‘by order’.—(Mr Gauke.) (Scotland) Act 2000 (Keeper of the Registers of Scotland: Clause 31, as amended, ordered to stand part of the financial arrangements) omit “(other than payments of stamp duty land tax)”.’.—(Mr Gauke.) Bill. Schedule 4, as amended, agreed to. Schedule 5 agreed to.

Clause 30 Clause 32

BORROWING BY THE SCOTTISH MINISTERS SCOTTISH TAX ON DISPOSALS TO LANDFILL Question proposed, That the clause stand part of the Stewart Hosie: I beg to move amendment 51, in Bill. page 24, line 20, leave out from ‘which’ to end of line 22 and insert— Mark Lazarowicz: I shall again raise the two points ‘are required by them to meet current expenditure because of a that I raised in relation to clause 29. Can the Scottish shortfall in receipts from the Scottish rate of income tax or Government vary the tax rate applied to different parts devolved taxes.’. of Scotland, and can they further devolve the power to local government to a greater or lesser extent if they so The Second Deputy Chairman of Ways and Means wish? I presume that the Scottish tax rate could be (Dawn Primarolo): With this it will be convenient to different from the rate that applies in England. If so, discuss the following: what measures can be taken to stop the flow of waste Amendment 52, in page 24, line 22, at end insert— towards the part of the country that has the lower rate of landfill tax? ‘(1ZA) In borrowing sums under subsection (1), the Scottish Ministers must have regard to any code of practice agreed by them and the Treasury. Mr Gauke: Clause 30 provides for the devolved tax on the disposal of waste to landfill sites in Scotland. (1ZB) A code of practice agreed under subsection (1ZA) may One Calman Commission recommendation on tax include provision as to— was to devolve landfill tax, which was endorsed by the (a) how the Scottish Ministers are to determine and keep Scottish Parliament when it voted its consent on 10 March. under review how much they can afford to borrow, (b) the terms and conditions on which sums may be The tax will be a devolved tax for the purposes of borrowed, part 4A of the Scotland Act 1998, which is introduced by clause 24. That means that the Scottish Government (c) limits on the aggregate at any time outstanding in respect of the principal of sums borrowed.’. and Parliament will have complete control over the design and administration of the Scottish landfill tax, Amendment 54, line 23, leave out from ‘may’ to ‘any’ allowing them to complement their wider waste policies in line 24 and insert ‘borrow’. and to legislate to introduce a devolved tax to replace Amendment 55, line 28, at end insert— the existing UK landfill tax in Scotland. I hope that ‘(1C) In borrowing any sums under subsection (1A), the answers the main questions asked by the hon. Member Scottish Ministers must have regard to any code of practice for Edinburgh North and Leith (Mark Lazarowicz). agreed by them and the Treasury. 111 Scotland Bill14 MARCH 2011 Scotland Bill 112

[The Second Deputy Chairman] The Bill also lacks flexibility to deal not necessarily with forecast errors, but forecast falls identified in advance. (1D) A code of practive agreed under subsection (1C) may I will return later to the reason that is a problem. More include provision as to— crucially, the provisions in the Bill are insufficient to (a) how the Scottish Ministers are to determine and keep manage volatility in tax receipts that might reasonably under review how much they can afford to borrow, be expected to occur. Importantly, over the past decade, (b) the terms and conditions on which sums may be UK Government income tax forecasts have, on average, borrowed, been overly optimistic, and the annual cap of £200 million (c) limits on the aggregate at any time outstanding in would have been insufficient to offset deviations in respect of the principal of sums borrowed.’. income tax receipts relative to forecasts in recent years. Amendment 53, line 31, leave out subsections (6) to (8) and insert— Jim McGovern: The hon. Gentleman might have ‘(5A) Subsections (2) and (3) are omitted.’. heard me earlier saying that these proceedings are televised. Amendment 56, leave out line 38 to line 5 on page 25. The general public would like to know what we are Amendment 57, page 25, leave out subsection (10). speaking about, so will he keep his remarks as understandable as possible? Clause 32 stand part.

Stewart Hosie: The borrowing powers in the Bill are Stewart Hosie: I thought that my remarks were always at the heart of devolution. On Second Reading, a understandable. The problem is that we are dealing with number of serious questions were raised on both revenue the technical provisions—the fiscal and borrowing and capital borrowing powers. I shall come to the powers—of a Bill. It is necessarily technical. However, I detailed issues in the main part of my comments, but, shall try to summarise it in plain English, if possible, fundamentally, I am seeking to put in place a code of when I get towards the end of my remarks. practice for the Treasury and the Scottish Government In 2010-11, the difference between the Treasury’s to address limits, restrictions, thresholds, maximum amounts original forecast for UK income tax and the most recent and the nature of borrowing, be it through bonds or estimate is about £35 billion. Under the Scotland Bill, direct loans from the consolidated fund. That is a an equivalent forecasting error would have reduced the sensible way to amend the Bill. To make such provisions Scottish Government’s budget by approximately £1 billion. otherwise would require draft orders to be tabled, but The implication of that and the four-year payback amendments to Bills cannot be made with draft orders. period is that had the system been in place during the Much of the narrative on this matter is in the Command last spending review period, repayment of the loan Paper, but it is likewise impossible to amend by amending would have had to be made within what are now pressurised the Bill. budgets—a £1.3 billion cut to Scotland this year, and The amendments are pretty self-explanatory but I over £3 billion in the comprehensive spending review— would like to detail the reasons for them. The revenue- between now and 2014. borrowing powers are fundamentally linked to the wider In contrast, the UK Government can spread the taxation proposals in the Bill. Both the Scottish National repayment of cyclical borrowing over a significantly party and the Scottish Government have previously longer period to ensure that it does not adversely impact made clear their concerns about the tax proposals. If a on the resources available for public services. That is full range of fiscal policy levers were available to the important, because it is accepted in all parts of the Scottish Government, it would have to include a borrowing House that in times of recession or downturn, tax regime with sufficient flexibility to allow public spending revenue falls and borrowing goes up—that is an automatic profiles to be managed across entire economic cycles, stabiliser—but the same implicit provision has not been not simply four-year forecast periods. The UK made in the Bill. That is a flaw that I know is now Government’s proposals, however, fall far short of that, recognised by people in many parties. yet by exposing the Scottish Government and the Scottish Parliament to cyclical fluctuations in income tax they The inadequacy of the borrowing powers for this embed a high degree of volatility in Scotland’s public purpose was highlighted in the written evidence to the finances, which cannot be right when we are seeking to Scottish Affairs Committee from Professor Andrew protect public services and find means to grow the Hughes Hallett and Professor Drew Scott. They said: economy. “Over the decade before the current recession, 1997-2007, the The Bill proposes to allow for annual borrowing of UK governments track record for income tax receipts is one of up to £200 million in any one year, and for a maximum forecast errors that range between +7% to -4%, with an average of +1.1%” limit of £500 million to finance current expenditure where there are differences between forecasts and the a year. They continued: outturns of Scottish tax revenue under the Bill’s income “Since borrowing will follow from overestimates”— tax proposals. Loans must be made within four years of the real amount will be less than the forecast— being taken out. I understand that these provisions are additional to the provisions of the Scotland Act 1998, “this means the Scottish Government will need to cut spending or which allows revenue borrowing for the purposes of borrow every year on average and should expect to exhaust its providing cash balances and maintaining cash flow. The borrowing limit several times in a decade.” aggregate limit of the Act is also £500 million, so the To have such a flaw built into a Bill from the outset is additional purpose proposed in the Bill, plus the passage profoundly unhelpful to the efforts of the Scottish of the 13 years since the original limit was set, has Government to protect public services and grow the apparently not been considered sufficient reason for economy. The proposals also lack any ability to smooth lifting the limit. We do not believe that that is credible. the effects of cyclical downturns. 113 Scotland Bill14 MARCH 2011 Scotland Bill 114

Unlike the UK Government, the Scottish Government would already be pressurised because of the cuts from will have no opportunity to use borrowing to compensate the comprehensive spending review, would be the wrong for a forecast decline in income tax revenues in the event thing to do. of, for example, an anticipated slowdown in the global I was pleased with a number of the recommendations economy. Scotland would have no option but to cut made by the Scottish Parliament Committee, which spending to match the reduction in revenue at precisely said among other things that the time when we might want to invoke an economic “the Scottish budget should not be required to meet the cost if tax stimulus—a policy of the previous Government that we receipts fall below forecast levels. The Committee recommends supported. However, it would be impossible to do that, that this condition be removed from the Bill.” because cuts would be required to match a forecast fall The Committee also recommended that in revenue. “the short-term annual borrowing limit should be increased from The Bill misses the fundamental point about being £500 million to around £1 billion,” able to respond effectively to the natural volatility of and welcomed tax revenues in managing public expenditure. Paradoxically, “the idea of a Scottish Cash Reserve, but proposes going further the more accurate the Office for Budget Responsibility to ensure that this includes all Scottish End Year Flexibility saved is at forecasting falls in future revenue, the greater the in Scotland without the need for Treasury agreement, so in future volatility in the budget, because borrowing is permitted Scottish ministers”— not against a forecast fall but only against a discrepancy of whatever party or Government— between the forecast and the actual level. That is a huge problem with the borrowing powers at the heart of the “will have total discretion over the Scottish budget.” Bill. If the Exchequer Secretary or his Scotland Office That should be universally welcomed. I welcome those colleague wants to indicate that they intend to table the recommendations, and I hope that the Government will necessary amendments on Report or later to rectify table amendments to reflect them. However, it would be that, I would be happy for them to intervene at any so much better to ensure a code within which revenue point. borrowing—including repayment time scales and so on—could be organised. That is the fundamental purpose of the amendment, along with ensuring that borrowing 8.45 pm for current revenue purposes is sufficiently flexible to cope with fluctuations in revenue over a whole economic The need for appropriate borrowing powers for that cycle. purpose was identified by Professor Michael Keating, who said: The Bill as drafted has a number of weaknesses when it comes to capital borrowing. Our key concerns, and “Borrowing powers are needed for three purposes: to deal with those of the Scottish Government, relate to the timing short-term shortfalls, which the present proposals provide for; to of the introduction of the repayment terms, the limits deal with cyclical downturns; and for capital investment. There should be more scope for borrowing to deal with cyclical downturns.” set by the Bill and the limitations on sources of borrowing, which the Scottish Parliament Committee recognised That point was also highlighted in the written evidence and made a positive recommendation about. provided by Professors Hughes Hallett and Scott, who The command paper that accompanies the Bill, said: “Strengthening Scotland’s Future”, sets out in limited “The current recession, for example, would according to calculations detail how the proposals are intended to work. Borrowing on the Scotland Office website have cut the Scottish budget by is to be available for specific projects, subject to Treasury £748 million and £559 million in 2008 and 2009 respectively, sums consent, from 2013, and we discussed that on Second that are beyond the entire borrowing ceiling—let alone the annual Reading. From 2015, a capital borrowing of 10% of limit of £200 million. But no borrowing would be allowed in such cases anyway. Or, to put the point another way, given that there is Scotland’s capital departmental expenditure limit, around a cycle and that adverse shocks do occur, the more accurate the £230 million a year, up to a cumulative total of £2.2 billion, tax forecasts the more volatile will Scottish revenues become and will be available. To put that into context, the Scottish the more the Scottish government will be obliged to cut spending Government could use up the entire cumulative limit and social support in a downturn”— by, for example, paying for the Forth bridge replacement precisely the wrong time for cuts to have to be made. crossing. If my memory serves me correctly, that cumulative amount of about £2.2 billion is less in capital terms “This is why we say the Bill’s borrowing provisions offer only than the Scottish Government have been spending in limited protection against forecast errors and none at all against unexpected economic shocks.” any of the past few years. Clause 32 amends section 66 of the Scotland Act, Jim McGovern: Most hon. Members will know that which deals with the borrowing powers of Scottish the hon. Gentleman is my constituency neighbour. He Ministers. Proposed new section 66(1)(c) of the 1998 mentioned “Strengthening Scotland’s Future”. Does he Act specifies that revenue borrowing will be permitted actually believe that separating Scotland from the UK when tax receipts fall short of the forecast, but contains would strengthen Scotland’s future? no provision to permit it to deal with cyclical fluctuations in tax receipts, regardless of whether they are accurately Stewart Hosie: I certainly think that improving the forecast. That obvious gap in the Bill must be addressed. provisions of the Bill that relate to capital borrowing On Second Reading I raised the issue of revenue borrowing would strengthen the Scottish Government’s ability to powers being further constrained because the first 0.5% do the right thing, whoever was in power. If we want to of any shortfall—about £127 million forecast in 2014-15, have a debate about the relative merits of independence say—would have to be found from cuts before any versus the Union, I am happy to do that—[HON.MEMBERS: revenue borrowing could even take place if there was a “When?”] Not today, because we are dealing with the forecast error. Again, cutting at that point, when budgets Bill. 115 Scotland Bill14 MARCH 2011 Scotland Bill 116

Mr Frank Roy: Does that mean that there will be a Stewart Hosie: I am not giving way immediately, as I referendum in Scotland? Yes or no? want to carry on developing my case on capital borrowing. Any code has to take into consideration all the issues Stewart Hosie: I think it was Wendy Alexander who and be based on an established set of principles for said, “Bring it on,” but Labour then ran away. Let us long-term sustainability. That is incredibly important. deal with the provisions of the Bill, because we need to The Bill, however, currently limits borrowing to loans, get them right. I suggest to the hon. Gentleman, whom which prevents the use of bonds and other instruments. I like and respect, that we will have plenty of time in the That is significantly more restrictive than the borrowing next 52 days leading up to the Scottish elections to have powers available to Scottish local authorities and to this discussion, but we should not take up the Committee’s many Governments in other countries with comparable time tonight. responsibility. The Scottish Government, and the SNP here at Westminster, do not consider an arbitrary statutory Mr Davidson: I want to clarify whether the hon. limit on borrowing set by Westminster and lacking any Gentleman has a specific figure in mind for borrowing. objective justification to be an acceptable basis for an I understand his point about the criteria, but it would agreement between the Governments. In particular, an be immensely helpful if he gave us an indication, first, arbitrary limit this low will do little to promote long-term of the figure and, secondly, of whether the bonds and capital investment or responsible capital budgeting. A other means of borrowing money would be in addition regime along the lines of the prudential borrowing to that amount or part of the total. regime that applies to local authorities, in which decisions are based on affordability, would be far more appropriate. Stewart Hosie: I do not have a specific figure, and let Such an approach could be operated within the guidelines me tell the hon. Gentleman why. If bonds are issued in suggested in our amendment. Such guidelines would such a way as to generate revenue, that revenue can be be agreed between the Scottish and UK Governments, used in one sense to offset the level of the loans. That is including any terms, conditions and limits set out in the why I am not being prescriptive about the amount. code in relation to capital borrowing between the Treasury What I am saying is that the cumulative £2.2 billion is and the Scottish Government. too low for the reasons that I have explained and that the code of practice would allow us to take into Fiona O’Donnell: I was present when Fiona Hyslop consideration all the sustainability and affordability gave evidence to the Scottish Affairs Committee, and I issues and reach a figure that would be much more am aware that the SNP’s position is to promote unlimited appropriate. I am not going to be prescriptive; it would borrowing. Will the hon. Gentleman at least concede be wrong for me to do that. that the UK Government do have some interest in this matter, given that any amount that a future Scottish Mr Davidson rose— Government might choose to borrow under his proposal would have an impact on the deficit here and on the Stewart Hosie: I will give way one more time on this country as a whole? point.

Stewart Hosie: I recognise that, which is why the Mr Davidson: If the hon. Gentleman cannot give a proposal is about affordability, and why the code of figure, how can he say that £2.2 billion is too small? practice would have to be based on established principles How does he arrive at that judgment when he is unable to promote long-term sustainability. Of course, within to use the same reasoning to identify what the figure that, there understandably has to be a recognition of might be? the debt and the deficit position. I was critical of the rise in the deficit, and in the debt, in Budgets from 2005 Stewart Hosie: There are annual amounts and cumulative onwards, before the recession and before the banking amounts. The annual amount at 10% of the capital crisis, so of course sustainability and affordability have departmental expenditure limit is very modest and the to be considered within this proposal and dealt with in cumulative amount is less than the amount spent on some detail. capital in recent years. That strikes me as inappropriate when we are seeking to stimulate the economy and do all the things that the hon. Gentleman and I both want Fiona O’Donnell: The hon. Gentleman is really confusing to see happen. As we can have revenue streams coming me. He seems to be trying to have his Dundee cake and in to offset some of this, I do not want to put a limit on eat it. He said that, in times of difficulty, the last thing it, but the code of practice would do that. [Interruption.] we should do is cut expenditure. Is he saying that it was I am not going to be drawn on that. I have explained wrong of the previous Government to spend money why and I want to move on to bonds, which is another bailing out the banks when we faced the crisis? important issue. Professor Gerald Holtham said in his evidence to the Stewart Hosie: No, I said that I welcomed the fiscal Committee that there is no macro-economic rationale stimulus to the economy. Many of the efforts on financial to prevent the Scottish Government from having bond- intervention were absolutely necessary, and I supported issuing powers. I raised that on Second Reading, when I them. Of course that had to be done. My criticism was said: not that action was taken during difficult periods, but that we went into the recession and the downturn with “The borrowing powers in the Bill will limit the Scottish half a trillion pounds of debt. I am digressing, however— Government to certain types of borrowing. They will be able to use loans, rather than bonds or other instruments that would provide greater flexibility. , which is a local Mr Davidson rose— authority in respect of its borrowing powers, is currently issuing 117 Scotland Bill14 MARCH 2011 Scotland Bill 118 commercial paper worth £7 billion for Crossrail and other projects. to give us definite information about when amendments Birmingham city council issued paper to the tune of £250 million will be tabled, and whether they will accord with the in 2006”.—[Official Report, 27 January 2011; Vol. 522, c. 541.] recommendations of the Scottish Committee. As I said at the time, it is strange that what should be a seriously enhanced power for the Scottish Parliament, Ann McKechin: I welcome the clauses relating to as described in the Bill, does not even put it on a par borrowing powers. We agree that they make sense in terms with TfL or Birmingham city council in its ability to of both short-term revenue and capital. raise cash through commercial paper for important In paragraph 597 of its report, the Holyrood Committee national infrastructure works. accepted that Professor Iain McLean and others have noted that “Given its responsibility for macroeconomic management”, bond issues would have several benefits. First, they would provide the Scottish Government with greater the United Kingdom Government flexibility in the financing of capital projects, and the “has a proper interest in the flow of borrowing”. ability to issue a range of instruments would allow We agree with that. However, there is a worthwhile projects to be financed by a mixed portfolio of borrowing discussion in the report about evidence from the both in terms of repayment periods and the interest and Government and other experts relating to the overall other terms of the borrowing instrument. Secondly, in level of borrowing, both short-term and on the capital certain circumstances, issuing instruments in the market account, and we think that the Government should may offer a better deal on rates and repayment terms consider the Committee’s arguments. It did not identify than a loan from the Treasury or a commercial bank. an alternative figure, but made some suggestions that Indeed, the Treasury recently announced in the spending we think worthy of consideration. I ask the Government review a 1% rise in the charge or cost on loans from the to confirm that they will examine the report in detail, Public Works Loan Board, increasing the cost of local and will take the earliest opportunity to present their authority borrowing. Having an option to seek financing assessment to the House of Commons or the House of from the market would provide an alternative in the Lords. I note that the Scottish Government will be able event of a punitive interest rate being imposed at some to borrow from commercial lenders as well as from the future point by the Treasury. Professor McLean said in National Loans Fund, and I welcome that as well. his evidence that The hon. Member for Dundee East (Stewart Hosie) “it should be for the Scottish Parliament and Scottish ministers—not should be careful. I assume that his are primarily probing the UK Parliament or UK ministers—to decide on the soundness of the capital projects to which they commit themselves, and to amendments, and I think it right to test some of the deal with revenue fluctuations.” issues discussed in the Holyrood Committee, but as well That is the answer to the point raised by the hon. as looking for the benefits, he must accept the responsibilities Member for Congleton (Fiona Bruce). If we are serious of the Scottish Government in terms of overall public about responsibility—I hope that we all are—the Scottish sector borrowing limits. Although we may disagree with Government must be allowed to make the decisions. the Government on what those limits should be and on Those decisions should land squarely on the desks of the scale of the deficit reduction, we accept that as an Scottish Ministers, or those in whatever other body is important criterion in the debate. responsible for raising capital. Stewart Hosie: I am sure that the hon. Lady will want 9pm to be generous and accept that I made it clear on two occasions that affordability and sustainability must be I am pleased that the Scottish Parliament Committee taken into consideration. No one wants to do anything has recommended that there should be higher capital silly with the public finances. borrowing limits and that they should be introduced earlier, that the limit for prudential borrowing should be increased from £2.2 billion to about £5 billion—the Ann McKechin: That marks a first. I cannot recall the fact that the Committee considers that figure reasonable Scottish Government asking for less money. I seem to is a good starting point for negotiations in terms of the remember that when Labour was in government, they code of practice—that Scottish Ministers should have kept asking for more money and saying that they did complete discretion in relation to what the money is not have enough. spent on without having to seek agreement from the The hon. Gentleman made a comment about the Treasury, and that the borrowing powers should be deficit. Before 2007 it was about 2%, which was perfectly introduced earlier in the next Scottish Parliament. I also manageable within the fiscal settlement. The increase in welcome the recommendation that the Scottish Parliament the deficit was primarily caused by the banking crisis, should have power to borrow directly from the markets which was an international crisis as the hon. Gentleman by issuing bonds. accepts, and by the fact that we stimulated the economy, Given the considerable support for these proposals which he also accepts, although he said we should have and the deep concern throughout the Committee about stimulated it even more. He cannot have his Dundee some of the Bill’s provisions, I should like to know cake and eat it, however. He either accepts one interpretation whether the Government intend to table the necessary of what happened, or he accepts the interpretation of amendments for debate on Report on 22 March, or to the coalition Government, which we believe to be false. table them in another place after that point. The Scottish The hon. Gentleman raised a number of queries people are entitled to know about the shape of revenue about the Holyrood Committee recommendations, and capital borrowing, and Members representing particularly in respect of the requirement that the first constituencies in Scotland—and, indeed, elsewhere—are £120 million of any tax shortfall must be met by spending entitled to be able to scrutinise properly whatever proposals reductions in the year in question. It would be helpful if may be presented. I hope that the Minister will be able the Minister could explain the rationale for imposing 119 Scotland Bill14 MARCH 2011 Scotland Bill 120

[Ann McKechin] On the need for borrowing by Scottish Ministers to comply with rules determined by the Treasury, I note that. I think that measure is in the Command Paper—it that the report from the Scotland Bill Committee in the is not in the Bill itself, of course. This issue is of Scottish Parliament—where the Scottish Government particular concern in the light of the Government’s voted with the motion—recognised the need for the UK decision to abolish the end-of-year flexibility scheme at Government to constrain the borrowing powers. I am very short notice this year, which will cost the Scottish delighted that there appears to be a consensus in the budget an estimated £23 million. House that nobody wants to do anything silly with the When the Minister gave evidence to the LCM Committee, public finances, as one could have been forgiven for he drew a distinction in respect of end-of-year finance thinking that that has not been the case over recent arrangements, but at no point did he intimate that the years. Government or Chief Secretary to the Treasury had There are important reasons for Scottish Ministers to decided that they would be gobbling up the £23 million comply with Treasury rules on borrowing. The Bill’s as part of the deficit reduction plan. That raises concerns new borrowing powers will sit within the UK fiscal about the nature of the relationship between the UK framework as a whole; interest on Scottish borrowing Government and the Scottish Government in terms of will be included in the total UK public sector borrowing the so-called respect agenda. Will the Minister confirm aggregates. As overall macro-economic policy will continue at what point this issue was raised with the Joint Ministerial to be a reserved matter, it is necessary for the UK Committee and the Scottish Government? Why was no Government to set controls and limits on the borrowing mention made of this when he and the Chief Secretary powers in order to retain overall control of UK borrowing, were giving evidence to the LCM Committee? Again, protect overall economic stability and minimise fiscal this is about the issue of trust and the maintaining of risks to the UK Exchequer. This Government believe good governmental relationships. As I have mentioned that the specific terms and conditions set out in the Bill before, it is key that that is maintained to the highest and the Command Paper strike the right balance between degree in respect of these clauses. protecting overall levels of UK debt and increasing the financial accountability of the Scottish Parliament. There have been issues to do with the Government’s criterion of setting a limit of £2.2 billion for capital On the second point, I wish to thank hon. Members expenditure. There are some very good suggestions in for bringing an important discrepancy to the attention the Committee’s report about increasing borrowing capacity, of the Committee. Although the Command Paper was which we think are worthy of consideration. clear that revenue borrowing would be used to meet current expenditure because of a shortfall in receipts Finally, as the Minister will be aware, my colleagues compared with forecast in devolved taxes and the Scottish in the Scottish Parliament have called for the borrowing rate of income tax, the Bill was not so clear. The powers to be brought forward from the proposed Government will therefore introduce their own minor implementation date of April 2013 to April 2012. Given and technical amendment on Report to include the that we anticipate that this legislation will be on the Scottish rate of income tax alongside devolved taxes. In statute book by the end of this year and before the next conclusion, given the continued control by the Government financial year, I can see no good reason why the power over the UK fiscal mandate and the fact the Government cannot be advanced to April 2012, which, as the Minister will be introducing their own amendment in respect of will be aware, is within the current comprehensive spending the second issue, I ask the hon. Member for Dundee review period. That would assist the Scottish Government East (Stewart Hosie) to withdraw the amendment. —of whatever political hue—in making appropriate planning decisions after the election. If the Minister could give an early indication that the Government are Stewart Hosie: The Exchequer Secretary has said that minded to bring forward the introduction of this power the Government will be bringing the Scottish rate of to 2012, that would be widely welcomed. I therefore income tax into the consideration, and I presume that hope he can give the Committee one positive piece of that is still to allow borrowing when the actual figure news tonight. there is less than the forecast. But that does not address the fundamental issue that if there is a forecast fall, the Scottish Parliament will take the entire hit, because Mr Gauke: I propose to deal with amendments 51 to there is still no cyclical borrowing—borrowing where a 57 first, and I recognise that, as has been said, they forecast fall actually happens. partly overlap with the report from the Scotland Bill Committee in the Scottish Parliament. As my right Mr Gauke: The point of the amendments that will be hon. Friend the Secretary of State for Scotland set introduced on Report is to do exactly as I have described. out last week, the UK Government will consider the May I make a point about the cyclical impact and the recommendations in the Committee’s report thoroughly, adequacy of current borrowing? In the past downturn, alongside an assessment of the impact on the UK fiscal income tax receipts fell by about 6% or 7%, so we are position. looking at a variation of 6% or 7% of the £4.5 billion The purpose of amendment 51 is twofold. First, it estimated Scottish income tax receipts. That is about would remove the requirement for Scottish Ministers to 1% of the Scottish budget, because it needs to be seen access revenue borrowing to meet current expenditure against the continuing bedrock of stability afforded by only in accordance with rules determined by the Treasury. the block grant. I make that point so that we can place Secondly, it would allow such borrowing to be accessed this issue in context. due to a shortfall in outturn receipts against forecast Amendments 53 and 66 would have the effect of receipts from devolved taxes and the Scottish rate of removing the borrowing limits. They do not replace the income tax. I will deal with each of those in turn. limit with an alternative figure, as has been made clear 121 Scotland Bill14 MARCH 2011 Scotland Bill 122 following a number of interventions from hon. Members, borrowing and, as borrowing through bonds is likely to so I have assumed that the intention is for these limits to be more expensive than raising finance through UK be determined by a new “code of practice”, as set out gilts, those higher costs would be reflected in increased by the hon. Member for Dundee East (Stewart Hosie) UK debt interest payments, which would ultimately and put forward in amendments 52 and 55. There are result in higher costs for the UK. In these uncertain important reasons why the Bill contains limits, which I times we cannot afford the risk of extending the power have already set out and which include the fact that to issue bonds. The hon. Member for Dundee East Scottish borrowing would have an impact on the UK quoted Professor Holtham, but, because of the likely borrowing figures. It is surely right that the limit should greater cost of bonds, the professor also made the point be determined by the House, first through its consideration that the issuing of bonds by the Scottish Government of the Bill and subsequently through approval of any would essentially be a vanity project. These matters order altering the limit. UK Government analysis continues need to be considered in that context. to suggest that the limits in the Bill for revenue borrowing, together with the Scottish budget absorbing the first Fiona O’Donnell: Why did the Conservative members 0.5% of the deviation between forecast and outturn of the Bill Committee in the Scottish Parliament vote receipts, are sufficient in normal conditions. for the measures?

9.15 pm Mr Gauke: We will, of course, look at what the Crucially, the Bill allows borrowing to increase above Scottish Parliament has set out and we will engage with £500 million but not below, so it is a base. Any such those suggestions on alternative ways of proceeding. changes would require the approval of the House, but None the less, given the difficulties that would arise if the Government are prepared to look at the specific bonds were issued, particularly in the circumstances we circumstances in future. There might well be circumstances face—there is a crisis in the public finances and it is in which greater flexibility would be appropriate. The essential that we meet our fiscal mandate and stick to capital borrowing limits have been set at £2.2 billion our spending and deficit reduction plans—we need to and the Government believe that that represents an take into account the uncertainty and additional cost acceptable level of borrowing for the UK finances. That that could be created at this point. However, there is a figure is based on a 10% annual capital departmental general point to be made about borrowing limits. expenditure limit of Scotland’s capital budget—equivalent Circumstances will change and the opportunity for to £230 million in 2014-15—over a 10-year repayment greater flexibility in future is something we are willing period. Again, the Bill provides for the limit to be to look at, but we believe we have the balance right at increased above, but not reduced below, £2.2 billion. the moment. Any such changes would require the approval of the House. Amendments 55 and 52 would introduce a new code Mr Ian Davidson (Glasgow South West) (Lab/Co-op): of practice between the Treasury and Scottish Ministers Am I correct in assuming that the Minister is pretty governing capital borrowing and placing it on a statutory strongly wedded to the set of proposals that he has footing. The full code has not been set out but it might introduced at this time, but that he and the Government include provisions on how Scottish Ministers should are not necessarily wedded to them for all time? If determine and review what they can afford to borrow devolution continues to evolve, that may well result in and the terms and conditions on which sums can be the relaxation of those rules, a review and a beneficial borrowed, including borrowing limits. For reasons I alteration of the figures. have set out, it is right that borrowing limits and the terms and conditions around borrowing should be Mr Gauke: The hon. Gentleman sets the position out determined by the House—first through its consideration well, and I do not disagree with him. The Bill essentially of the Bill and subsequently through its approval of any sets out a base for current and capital borrowing. It can order altering the limit. be increased, and there is a mechanism in the Bill to do Amendment 54 would remove both the role of the so. We would need to look at the circumstances in Treasury in approving capital borrowing and the restriction future to see whether we could increase flexibility in that such borrowing must be by way of a loan. Let me that area. We have to bear in mind the state of the be clear about the scope of Treasury approval in capital public finances and the importance of maintaining borrowing by Scottish Ministers. If Scottish Ministers credibility. wanted to borrow before their full power came into effect, that would impact on the UK’s borrowing Ann McKechin: I asked a question about the transitional requirement as set out by the Chancellor in the spending borrowing powers that require Treasury consent, and review. The Command Paper therefore sets out a pragmatic whether the Treasury would be minded to bring them way to manage the risks from maximising opportunities forward to 2012. The Minister has given conditions, for stimulating economic growth in Scotland while retaining which we accept would have to apply in the transitional control of the overall UK fiscal mandate. Scottish period, but nevertheless that flexibility would be welcomed Ministers will need to seek the consent of the Treasury by everyone. to borrow early, between 2013 and 2015, in a way that does not impact on the fiscal position or alter the plans Mr Gauke: I note the hon. Lady’s comments. We are set out in the 2010 spending review—for example, to looking carefully at the recommendations by the Committee make prepayments to fund the construction of the in the Scottish Parliament. We note her representations, Forth bridge. and we will respond in due course. I wish to underline The rationale for restricting Scottish Ministers’borrowing the fact that it is of absolute importance that we manage for capital expenditure by way of loans is simple. Scottish to maintain credibility, which is perhaps why there is borrowing through bonds would be classified as UK less flexibility now than there may be in future. The 123 Scotland Bill14 MARCH 2011 Scotland Bill 124

[Mr Gauke] the recommendations would see the light of day in one form or another in amendments in Committee, on hon. Member for Glasgow South West (Mr Davidson) Report or in another place. We will be watching extremely suggested that there might be greater flexibility in future, carefully to see whether the Government backtrack but we would need to assess that nearer the time. now on what appeared to be promises, abandoning all However, I note the hon. Lady’s remarks on the transitional the recommendations of the Scottish Committee, which period for borrowing. would be a shameful thing to do. I beg to ask leave to Amendment 57 is consequential on amendment 56. withdraw the amendment, but given how little comfort As hon. Members wish to remove the borrowing limits we have had, I intend to divide the Committee on from the Bill and the ability to revise those limits with amendment 52. the approval of the House, clause 32 (10) would no Amendment 51, by leave, withdrawn. longer by necessary as there would be no such secondary Amendment proposed: 52, page 24, line 22, at end legislation. The hon. Member for Glasgow North (Ann insert— McKechin) raised the issue of end-of-year funds across ‘(1ZA) In borrowing sums under subsection (1), the Scottish all the devolved Administrations and Departments Ministers must have regard to any code of practice agreed by amounting to some £20 billion. Such large sums of them and the Treasury. accrued EYF present a fiscal risk to the UK Government, (1ZB) A code of practice agreed under subsection (1ZA) may which is why new arrangements will be detailed in the include provision as to— forthcoming Budget. I hope that that clarification is (a) how the Scottish Ministers are to determine and keep under helpful. review how much they can afford to borrow, I thank the hon. Members for the opportunity to set (b) the terms and conditions on which sums may be borrowed, out the Governments position on the important borrowing (c) limits on the aggregate at any time outstanding in respect of powers provided by the Bill. This has been a helpful and the principal of sums borrowed.’.—(Stewart Hosie.) perhaps probing debate—we shall see. However, we do Question put, That the amendment be made: not accept any of the amendments, so I invite the hon. Member for Dundee East to withdraw amendment 51. The Committee divided: Ayes 7, Noes 393. For the reasons that I have set out, I hope that hon. Division No. 224] [9.26 pm Members agree that that clause 32 should stand part of the Bill. AYES Edwards, Jonathan Weir, Mr Mike Stewart Hosie: The Minister has said a great deal, Hosie, Stewart Williams, Hywel and it was very instructive indeed. The Scottish Government Lucas, Caroline Tellers for the Ayes: will still be required to absorb the 0.5% cut in the MacNeil, Mr Angus Brendan Pete Wishart and budget before revenue borrowing can take place. On Robertson, Angus Dr Eilidh Whiteford current forecasts, there would perhaps be £127 million in extra cuts even before we could borrow. There has NOES been no confirmation that cyclical borrowing is permitted—it will still only be against changes to the Abrahams, Debbie Birtwistle, Gordon Adams, Nigel Blackman, Bob forecast, which means that if there is a forecast fall we Afriyie, Adam Blackman-Woods, Roberta take the full hit. That cannot be right if the Office for Aldous, Peter Blackwood, Nicola Budget Responsibility is accurate and there is increased Anderson, Mr David Blomfield, Paul volatility in the Scottish budget. Repayments on the Andrew, Stuart Blunt, Mr Crispin revenue will still be made over four years, which might Arbuthnot, rh Mr James Boles, Nick well mean that if we borrowed at the height of the Bacon, Mr Richard Bone, Mr Peter recession we would now be paying back, because it is Bagshawe, Ms Louise Bradley, Karen such a short-term repayment schedule, even though Bailey, Mr Adrian Brady, Mr Graham there is already additional pressure on the Scottish Bain, Mr William Brake, Tom budget. Baker, Norman Bray, Angie Baker, Steve Brazier, Mr Julian The Minister said that capital borrowing of £2.2 billion Baldry, Tony Brennan, Kevin on a 10% annual CDEL was exceptional, but the Scottish Baldwin, Harriett Bridgen, Andrew Government and the Scottish Parliament Committee Balls, rh Ed Brine, Mr Steve did not think so. He is flatly ignoring the recommendations Banks, Gordon Brooke, Annette that have been made. He was anxious that the requirement Barclay, Stephen Bruce, Fiona for the Treasury to approve borrowing should be removed. Barker, Gregory Bryant, Chris I ask, what price the respect agenda? Incredibly, he Baron, Mr John Buckland, Mr Robert offered no support for bonds, even though it was an Barwell, Gavin Burns, Conor explicit Committee recommendation that the Bebb, Guto Burns, rh Mr Simon Begg, Dame Anne Burrowes, Mr David “Scottish Parliament should have the power to borrow directly Beith, rh Sir Alan Burstow, Paul from the markets by issuing bonds.” Bellingham, Mr Henry Burt, Alistair The hon. Member for East Lothian (Fiona O’Donnell) Benn, rh Hilary Burt, Lorely sensibly asked what the Tory members of the Scottish Benyon, Richard Byles, Dan Parliament Committee would make of that. One might Beresford, Sir Paul Campbell, Mr Alan ask what the Liberal members of the Scottish Parliament Berry, Jake Carmichael, rh Mr Alistair Committee make of that. I might ask what all the Betts, Mr Clive Carmichael, Neil Unionist members of that Committee would make of Bingham, Andrew Carswell, Mr Douglas that, given that they thought they had a deal and that Binley, Mr Brian Cash, Mr William 125 Scotland Bill14 MARCH 2011 Scotland Bill 126

Chishti, Rehman Graham, Richard Lansley, rh Mr Andrew Opperman, Guy Clark, rh Greg Grant, Mrs Helen Lavery, Ian Owen, Albert Coaker, Vernon Grayling, rh Chris Lazarowicz, Mark Paice, rh Mr James Coffey, Dr Thérèse Greatrex, Tom Leadsom, Andrea Patel, Priti Cooper, Rosie Green, Damian Lee, Jessica Pawsey, Mark Cox, Mr Geoffrey Green, Kate Leech, Mr John Pearce, Teresa Crabb, Stephen Greening, Justine Lefroy, Jeremy Penning, Mike Creagh, Mary Greenwood, Lilian Leigh, Mr Edward Penrose, John Creasy, Stella Griffith, Nia Leslie, Charlotte Percy, Andrew Crockart, Mike Griffiths, Andrew Letwin, rh Mr Oliver Perkins, Toby Crouch, Tracey Gummer, Ben Lewis, Brandon Phillips, Stephen Cryer, John Gyimah, Mr Sam Lewis, Mr Ivan Pickles, rh Mr Eric Cunningham, Alex Halfon, Robert Lewis, Dr Julian Poulter, Dr Daniel Cunningham, Tony Hames, Duncan Liddell-Grainger, Mr Ian Pound, Stephen Dakin, Nic Hamilton, Mr David Lilley, rh Mr Peter Prisk, Mr Mark Danczuk, Simon Hammond, Stephen Lopresti, Jack Pritchard, Mark Davey, Mr Edward Hancock, Matthew Loughton, Tim Pugh, John David, Mr Wayne Hanson, rh Mr David Lucas, Ian Raab, Mr Dominic Davidson, Mr Ian Harper, Mr Mark Luff, Peter Randall, rh Mr John Davies, David T. C. Harris, Rebecca Lumley, Karen Reckless, Mark (Monmouth) Harris, Mr Tom Macleod, Mary Redwood, rh Mr John Davies, Geraint Hart, Simon Mactaggart, Fiona Rees-Mogg, Jacob Davies, Glyn Harvey, Nick May, rh Mrs Theresa Reid, Mr Alan Davies, Philip Haselhurst, rh Sir Alan Maynard, Paul Reynolds, Jonathan de Bois, Nick Hayes, Mr John McCabe, Steve Robathan, rh Mr Andrew Dinenage, Caroline Heald, Mr Oliver McCarthy, Kerry Robertson, Hugh Djanogly, Mr Jonathan Healey, rh John McCartney, Jason Robertson, Mr Laurence Dobson, rh Frank Heath, Mr David McCartney, Karl Rogerson, Dan Docherty, Thomas Hemming, John McClymont, Gregg Rosindell, Andrew Donaldson, rh Mr Jeffrey M. Henderson, Gordon McCrea, Dr William Rotheram, Steve Donohoe, Mr Brian H. Hendrick, Mark McFadden, rh Mr Pat Roy, Mr Frank Doran, Mr Frank Hepburn, Mr Stephen McGovern, Jim Roy, Lindsay Dorrell, rh Mr Stephen Herbert, rh Nick McGuire, rh Mrs Anne Ruane, Chris Dorries, Nadine Heyes, David McIntosh, Miss Anne Rudd, Amber Doyle, Gemma Hilling, Julie McKechin, Ann Ruffley, Mr David Doyle-Price, Jackie Hinds, Damian McLoughlin, rh Mr Patrick Russell, Bob Drax, Richard Hodge, rh Margaret McPartland, Stephen Rutley, David Duncan, rh Mr Alan Hodgson, Mrs Sharon McVey, Esther Scott, Mr Lee Duncan Smith, rh Mr Iain Hollingbery, George Meale, Mr Alan Selous, Andrew Dunne, Mr Philip Hollobone, Mr Philip Menzies, Mark Shapps, rh Grant Ellis, Michael Holloway, Mr Adam Metcalfe, Stephen Sharma, Alok Ellison, Jane Hopkins, Kelvin Michael, rh Alun Sheridan, Jim Ellman, Mrs Louise Hopkins, Kris Miller, Andrew Shuker, Gavin Ellwood, Mr Tobias Horwood, Martin Miller, Maria Simmonds, Mark Elphicke, Charlie Howarth, Mr Gerald Mills, Nigel Simpson, Mr Keith Eustice, George Howell, John Moore, rh Michael Skidmore, Chris Evans, Graham Hughes, rh Simon Mordaunt, Penny Skinner, Mr Dennis Evans, Jonathan Hunt, rh Mr Jeremy Morgan, Nicky Smith, Angela Evennett, Mr David Hunt, Tristram Morrice, Graeme (Livingston) Smith, Miss Chloe Fabricant, Michael Hunter, Mark Morris, Anne Marie Smith, Henry Fallon, Michael Huppert, Dr Julian Morris, David Smith, Julian Farron, Tim Jackson, Mr Stewart Morris, James Soames, Nicholas Featherstone, Lynne James, Margot Mosley, Stephen Soubry, Anna Field, Mr Mark James, Mrs Siân C. Mowat, David Spellar, rh Mr John Fitzpatrick, Jim Jarvis, Dan Mulholland, Greg Spencer, Mr Mark Fox,rhDrLiam Javid, Sajid Mundell, rh David Stanley, rh Sir John Francois, rh Mr Mark Jenkin, Mr Bernard Munt, Tessa Stephenson, Andrew Freeman, George Johnson, Diana Murphy, rh Mr Jim Stevenson, John Fullbrook, Lorraine Johnson, Gareth Murphy, rh Paul Stewart, Bob Fuller, Richard Johnson, Joseph Murray, Ian Stewart, Iain Gale, Mr Roger Jones, Andrew Murray, Sheryll Stewart, Rory Garnier, Mr Edward Jones, Mr David Murrison, Dr Andrew Streeter, Mr Gary Garnier, Mark Jones, Mr Kevan Neill, Robert Stride, Mel Gauke, Mr David Jones, Mr Marcus Newmark, Mr Brooks Stringer, Graham George, Andrew Kawczynski, Daniel Newton, Sarah Stuart, Ms Gisela Gibb, Mr Nick Kelly, Chris Nokes, Caroline Stuart, Mr Graham Gilmore, Sheila Kirby, Simon Norman, Jesse Stunell, Andrew Glen, John Knight, rh Mr Greg Nuttall, Mr David Sturdy, Julian Glindon, Mrs Mary Kwarteng, Kwasi O’Donnell, Fiona Swales, Ian Goggins, rh Paul Laing, Mrs Eleanor Offord, Mr Matthew Swayne, Mr Desmond Goldsmith, Zac Lamb, Norman Ollerenshaw, Eric Swinson, Jo Goodwill, Mr Robert Lancaster, Mark Onwurah, Chi Swire, rh Mr Hugo 127 Scotland Bill14 MARCH 2011 Scotland Bill 128

Syms, Mr Robert Whitehead, Dr Alan definition in the Interpretation Act 1978. Clause 33, as Tami, Mark Whittaker, Craig introduced, makes this terminology change in relation Thomas, Mr Gareth Willetts, rh Mr David to fine limits for Scots law offences, and the amendment Timms, rh Stephen Williams, Mr Mark makes the same change for offences that form part of Timpson, Mr Edward Williams, Roger the law of England and Wales and Northern Ireland. Tomlinson, Justin Williamson, Chris Tredinnick, David Williamson, Gavin The amendments will ensure consistency in the Turner, Mr Andrew Willott, Jenny terminology used to describe the fine limits for offences Twigg, Stephen Wilson, Phil created in the Scotland Act orders for each of the legal Umunna, Mr Chuka Wilson, Mr Rob jurisdictions in the UK. Uppal, Paul Winterton, rh Ms Rosie Amendment 31 agreed to. Vara, Mr Shailesh Wollaston, Dr Sarah Amendment made: 32, page 26, line 2, leave out from Vaz, rh Keith Woodcock, John second ‘exceeding’ to end of line 3 and insert— Vickers, Martin Wright, David Wallace, Mr Ben Wright, Mr Iain (i) in the case of a summary offence, level 5 on the standard scale, Walter, Mr Robert Wright, Jeremy (ii) in the case of an offence triable either way, the Ward, Mr David Wright, Simon Watkinson, Angela statutory maximum,’.— Young, rh Sir George Watts, Mr Dave (David Mundell.) Zahawi, Nadhim Weatherley, Mike Clause 33, as amended, ordered to stand part of the Webb, Steve Tellers for the Noes: Bill. Wharton, James Bill Wiggin and Wheeler, Heather James Duddridge Clauses 34 to 37 ordered to stand part of the Bill.

Question accordingly negatived. Clause 38 Mr Davidson: On a point of order, Mr Hoyle. According COMMENCEMENT to the votes, eight nationalists have been voting on all these things, and now they are down to seven. Has Amendments made: 65, page 28, line 5, leave out somebody been kidnapped? [Laughter.] ‘made by statutory instrument’. Amendment 66, page 28, line 9, leave out ‘made by The Chairman of Ways and Means (Mr Lindsay Hoyle): statutory instrument’.—(David Mundell.) Now, then. Clause 38, as amended, ordered to stand part of the Clause 32 ordered to stand part of the Bill. Bill. Clause 39 ordered to stand part of the Bill. Clause 33 New Clause 18 MAXIMUM PENALTIES WHICH MAY BE SPECIFIED IN SUBORDINATE LEGISLATION ORDERS ‘Any power to make an order conferred by this Act is The Parliamentary Under-Secretary of State for Scotland exercisable by statutory instrument.’.—(David Mundell.) (David Mundell): I beg to move amendment 31, Brought up, read the First and Second time, and added page 25, line 31, leave out ‘the amount specified as’. to the Bill.

The Chairman of Ways and Means (Mr Lindsay Hoyle): With this it will be convenient to discuss Government New Clause 1 amendment 32. ABOLITION OF REGIONAL MEMBERS OF SCOTTISH David Mundell: The Government have identified the PARLIAMENT need for these minor technical amendments to clause 33, ‘(1) The Scotland Act 1998 is amended as follows. which updates the maximum penalties that can be applied (2) In section 1— to criminal offences created in subordinate legislation (a) in subsection (2) “Two members” is substituted for made under the Scotland Act 1998. The amendments “One member”; and at the end there is inserted “save are sensible additions that will ensure consistency across for those identified in paragraph 1(a) to (c) of the different legal systems within the UK. The first Schedule 1, each of which shall return one member,”; amendment is a minor technical amendment to ensure (b) subsection (3) is omitted. consistency in the terminology used to refer to fine (3) In section 5, subsections (1) and (3) to (9) are omitted. limits for different jurisdictions, which are provided for in the amendments to section 113 of the Scotland Act (4) Sections 6, 7, 8 and 10 are omitted. made by clause 33. (5) In section 11, subsection (2) is substituted by— The second amendment ensures that the correct “(2) A person is not entitled to vote as an elector in more than terminology is used in relation to fine limits in section 113 one constituency at a general election, and may cast no more than two votes at a poll for the return of constituency for either-way offences created in relation to the law of members.”. England and Wales and Northern Ireland, with the statutory maximum rather than level 5 on the standard (6) In section 12— scale on summary conviction. Level 5 has meaning only (a) in subsection (2), paragraphs (e) and (f) are omitted; in relation to summary-only offences by virtue of the (b) subsection (3) is omitted; 129 Scotland Bill14 MARCH 2011 Scotland Bill 130

(c) after subsection (4) the following subsection is hon. Friend. As a result of my tabling the new clauses, a inserted— number of individuals have written to me to tell me that “(4A) The provision to be made under subsection (1) must I was spot on in making this argument. Therefore, there include provision for— have been a number of representations. Not many people (a) each elector to cast one or two votes of equal value, have come to me and argued for the continuation of the with no more than one vote to be given to any one crazy system that is in being. I will expand on that point candidate, in constituencies returning two members; later in my speech. (b) the two candidates with the most valid votes to be elected in such constituencies.”. Never in the history of politics has a political party given so much power to its opponents as in the Scotland (7) In Schedule 1— Act 1998. Since then, all sorts of people have come on (a) for paragraph 1 there is substituted— to the scene, cherry-picked within the constituencies “(1) The constituencies are— and caused mayhem. That is why I have tabled the new (a) the Orkney Islands, clauses. Obviously, we must look at this whole question. (b) the Shetland Islands We must go back to the first election to the Scottish (c) the Western Isles [Na h-Eileanan An Iar], and Parliament in 1999. In my constituency, there was the (d) the parliamentary constituencies in Scotland at the crazy situation in which not only was the person who time of an ordinary or extraordinary general election came second under first past the post elected to the for the Scottish Parliament, except the constituencies Scottish Parliament through the pool for constituency of Orkney and Shetland and Na h-Eileanan An Iar”; Members, but the people who came third and the fourth. (b) paragraphs 3 to 14 are omitted.’.—(Mr Donohoe.) As my constituents tell me, something is fundamentally Brought up, and read the First time. wrong when such a system is allowed to continue. That is the crux of my argument this evening. 9.45 pm Mr Donohoe: I beg to move, That the clause be read a Jim McGovern: I go round the doors every weekend, Second time. as I am sure does my hon. Friend and most Members here. Does he agree that most people on the doorstep are confused about how they vote for the list person? In The Chairman of Ways and Means (Mr Lindsay Hoyle): politics, the people who know about it regard it as the With this it will be convenient to discuss new clause 2 assisted places system. —Regional members of the Scottish Parliament— ‘(1) The Scotland Act 1998 is amended as follows. Mr Donohoe: My hon. Friend is absolutely right. I (2) In section 81, after subsection (2), there is inserted— will develop that argument in my speech. “(2A) No provision shall be made under subsection (2) for any allowances for representative work in any constituency or region Pete Wishart: I am interested to know the view of the by a regional member in a registered political party or a group of Labour party on this issue. The names of the hon. such regional members; and no allowances may be made for Gentleman and five of his hon. Friends are listed as offices or staff or related expenses incurred by such members other than in connection with or at the Parliament’s place of supporters of the amendment. What is the view of meeting or in connection with a committee meeting. those on the Labour Front Bench on Westminster (2B) Any allowances paid to regional members in a registered controlling what happens with Members of the Scottish political party shall be founded on the assumption that they are Parliament? What is the view of Labour Members of representatives of that party from the relevant region and not the Scottish Parliament on that? from any single constituency.”. (3) In Schedule 3, after paragraph 2 , there is inserted— Mr Donohoe: I am sure the hon. Gentleman knows 2A The standing orders shall include provision for withdrawing that there are varying views on the subject, as there are from a regional member in a registered political party any or all of on many subjects. As far as my constituents are concerned, his rights and privileges as a member, including any allowances, if however, there is no doubt: to a person, they support he is found to have purported to act, or has held himself out, as a the argument that I am making tonight that there constituency member for any single constituency or for a group of should be a fundamental change to how we elect our constituencies other than the region from which he was elected.”’. MSPs. There was immense resistance to the fact that the person who came fourth under first past the post was Mr Donohoe: New clauses 1 and 2 relate to regional eventually elected to the Scottish Parliament. That seems Members of the Scottish Parliament, which were introduced to me to be wrong. in an irksome move and have been with us for a long time—since the outset of the Scottish Parliament. David Mundell: Will the hon. Gentleman give way?

Mark Lazarowicz: My hon. Friend describes the Mr Donohoe: Oh, go on then. provisions for a system of proportional representation as irksome. How many representations have been received David Mundell: The hon. Gentleman has been very by Government or anybody else that call for a change to consistent on this issue, and I respect his views even the voting system for the Scottish Parliament, apart though I do not necessarily agree with him. However, I from those of my hon. Friend and a few of our colleagues? am confused about the Labour party position. For many years, those of us who were list MSPs heard the Mr Donohoe: Since I have been in a position to see arguments that he is making about how the list was an this matter at first hand, I have received many assisted places scheme for people who failed to be representations over the years from constituents who directly elected under first past the post. Now I find that have concerns about the system, as I am sure has my Labour party first-past-the-post candidates are on the 131 Scotland Bill14 MARCH 2011 Scotland Bill 132

[David Mundell] That brings me neatly to list MSPs themselves. On a substantial number of occasions, the list Member has list, and some of them are even topping lists when there cherry-picked, to the detriment of the possibility of is a fear that they will lose in the first-past-the-post inward investment by companies of some size into my constituency. How does he feel about that? constituency—I take exception to that more than anything. On the basis of what they perceived to be environmental Mr Donohoe: I had the greatest respect for Phil issues, they have come in and destroyed any possibility Gallie, the former MP for Ayr, who was also a list MSP. of a company coming into my constituency. That is He hated every minute of his time in the Scottish wrong, and there must be accountability, but the list Parliament, because he knew that as a list Member, he Member is not accountable to constituents as I am to had absolutely no powers. I will develop that argument mine. That must be fundamentally wrong. No hon. later in my speech, but even Tory MSPs were opposed Member can tell me whether the list Members have any to the concept of the list system. accountability within the structures of their political parties. That is the problem. There is no accountability Mrs Laing: I understand that the hon. Gentleman’s whatever for list Members—[Interruption.] Does the argument is that the simple first-past-the-post system hon. Member for Na h-Eileanan an Iar (Mr MacNeil) used in elections to Westminster produces a fairer result want to intervene? than other systems. Is he concerned that the introduction of the alternative vote for Westminster would undermine Mr MacNeil indicated dissent. elections to this place, and therefore the legitimacy of this House of Commons? Mr Donohoe: I did not think he would. That Mr Donohoe: I am not sure that I want to wander demonstrates exactly what I am saying. There is no down that road, because the hon. Lady is well aware accountability, and no structure to allow it, for list that I am the joint chairman of the all-party group for Members. That is a major problem, and why I have the promotion of first past the post, and also the tabled new clauses 1 and 2. secretary of the relevant group in the Labour ranks. Indeed, last week I asked the Prime Minister a question Jim McGovern: Does my hon. Friend agree that most about the matter and he agreed with me, which is a first. people would recognise their MP, some would recognise Members all know where I stand and where the campaign their MSP, and some may even recognise their MEP, on first past the post is going. but very few would know who their list MSP is? Let us examine the situation as it stands. If I go to a health board meeting in Ayrshire, how many MSPs can Mr Donohoe: The only one I could think anybody turn up? Some 24 can turn up and be part of the debate. would recognise would be the ex-Member for Cumnock, That is not a problem in itself, but some of those list Carrick and Doon Valley, George Foulkes. Whether Members represent areas outside Ayrshire. There is that is because of his politics or because he was the therefore immense conflict when decisions are taken chairman of Hearts I do not know. about where health services for them and their constituents should be. I have seen that at first hand on at least a Mr MacNeil: I am grateful that the hon. Gentleman dozen occasions. As a consequence, I no longer go to mentions list MSPs. In the Highlands, we know that those meetings. Instead, I sensibly insist on the health Rob Gibson and David Thompson are the SNP list board meeting the MPs and constituency MSPs alone, MSPs, but I have no idea whatever who the Labour instead of the nonsense of the cherry-picking that was MSPs are. and is going on among list Members north of the border.

Mark Lazarowicz: My hon. Friend clearly has strong Mr Donohoe: The hon. Gentleman makes my point. views. I must say that in the area that I represent, where Nobody actually knows their list Members. I could not there are Conservative, Liberal Democrat, Green, Labour name the ones in my constituency because there are and independent list MSPs, I do not have the problems 24 of them. that he seems to encounter. Is not the real difficulty with his proposal that it would lead to an end to the proportional Pete Wishart: Does the hon. Gentleman know how system for the Scottish Parliament? Is that not what it is many people in Scotland recognise Iain Gray? What really about? Would it not be undemocratic and wrong would he make of these proceedings? if Labour, the SNP or any other party got a majority of seats with 30% of the vote? Mr Donohoe: Perhaps the hon. Gentleman’s smile will be on the other side of his face come the end of Mr Donohoe: I am sure my hon. Friend has examined May. There is absolutely no doubt that Iain Gray will my two new clauses, which are self-supporting. It is become as well known as anyone in Scotland as a result correct that in the first instance I want to bring back of becoming First Minister after 3 May this year. That coterminous boundaries for all MSPs, so that there is a was a great intervention—I would be happy to take semblance of an organisation that can be supported by similar ones all night. all parties in this place and elsewhere. However, the second point that I want drive home is as important as the first. I do not believe that list Members should be Mr MacNeil: I do not know who the Highland Labour allowed, under any circumstances, to pick up the funds list MSPs are, so could the hon. Gentleman inform us? that are currently available to them to represent—or not represent—what they perceive to be their constituents. Mr Donohoe: I think one of them is David Stewart. 133 14 MARCH 2011 Business without Debate 134

Mr MacNeil: Think? Question agreed to. Motion made, and Question put forthwith (Standing Mr Donohoe: Am I right? Order No. 118(6)),

Mr MacNeil indicated assent. SOCIAL SECURITY That the draft Social Security (Contributions) (Re-rating) Order Mr Donohoe: The hon. Gentleman indicates that I 2011, which was laid before this House on 3 February, be approved.— got that one right. (Miss Chloe Smith.) The fact is that we must look seriously at the current Question agreed to. situation. This argument is what might be described as a Motion made, and Question put forthwith (Standing slow burner, but I would like to develop it by moving Order No. 118(6)), on to the first-past-the-post system. I realise that I am That the draft Social Security (Contributions) (Amendment running out of time, but I have a lot of support on both No. 2) Regulations 2011, which were laid before this House on sides of the Committee, even if some hon. Members are 3 February, be approved.—(Miss Chloe Smith.) hiding behind their mantle. Question agreed to. The fact is that there is only one solution to the Motion made, and Question put forthwith (Standing problem that we face north of the border—to bring Order No. 118(6)), about first past the post for every MSP. As a result, I suggest, for all sorts of reasons, that the best solution is TAXES that instead of the list Members system, by which there are 129 MSPs, we simply have two MSPs per Westminster That the draft International Tax Enforcement (Saint Lucia) constituency, with the exception of the Western Isles Order 2011, which was laid before this House on 8 February, be approved.—(Miss Chloe Smith.) and Orkney and Shetland. I would make that concession. I am sure that the hon. Member for Na h-Eileanan an Question agreed to. Iar would be very happy with that indeed. As a result, Motion made, and Question put forthwith (Standing we would have 119 Members. Order No. 118(6)), That the draft International Tax Enforcement (Saint Vincent Mr MacNeil: Will the hon. Gentleman tell us— and the Grenadines) Order 2011, which was laid before this House on 8 February, be approved.—(Miss Chloe Smith.) 10 pm Question agreed to. The occupant of the Chair left the Chair (Programme Motion made, and Question put forthwith (Standing Order, 27 January). Order No. 118(6)), The Deputy Speaker resumed the Chair. That the draft Double Taxation Relief and International Tax Progress reported; Committee to sit again tomorrow. Enforcement (Montserrat) Order 2011, which was laid before this House on 8 February, be approved.—(Miss Chloe Smith.) Business without Debate Question agreed to. Motion made, and Question put forthwith (Standing Order No. 118(6)), REGULATORY REFORM That the draft International Mutual Administrative Assistance Motion made, and Question put forthwith (Standing in Tax Matters Order 2011, which was laid before this House on Order No. 18(1)(a)), 8 February, be approved.—(Miss Chloe Smith.) That the draft Legislative Reform (Civil Partnership) Order Question agreed to. 2010, which was laid before this House on 25 October, be approved. Motion made, and Question put forthwith (Standing —(Miss Chloe Smith.) Order No. 118(6)), Question agreed to. That the draft International Tax Enforcement (Antigua and Barbuda) Order 2011, which was laid before this House on DELEGATED LEGISLATION 8 February, be approved.—(Miss Chloe Smith.) Question agreed to. Motion made, and Question put forthwith (Standing Order No. 118(6)), Motion made, and Question put forthwith (Standing Order No. 118(6)), DATA PROTECTION That the draft International Tax Enforcement (Saint Christopher (Saint Kitts) and Nevis) Order 2011, which was laid before this That the draft Data Protection (Subject Access Modification) House on 8 February, be approved.—( Miss Chloe Smith.) (Social Work) (Amendment) Order 2011, which was laid before this House on 3 February, be approved.—(Miss Chloe Smith.) Question agreed to. 135 14 MARCH 2011 Hindi Radio Service (BBC) 136

Hindi Radio Service (BBC) of the poor in those states depend on shortwave radio. We provide a relatively cheap and effective service, and Motion made, and Question proposed, That this House we should maintain it. do now adjourn.—(Miss Chloe Smith.)

10.2 pm ( North) (Con): As a former director of Diabetes UK who was involved in Mr Edward Leigh (Gainsborough) (Con): This is an setting up health care programmes in India, I would important Adjournment debate about the future of the echo that point. Quite often the service is the only way BBC’s Hindi radio service. At the moment, it is broadcast that messages about health care or things that are for three hours a day, divided between the morning and happening in a particular province can reach people. the evening, and reaches no fewer than 10 million listeners, mostly in the northern Hindi-speaking regions of Uttar Pradesh, Bihar and Jharkhand. Hindi is the Mr Leigh: That is absolutely right. second-largest language audience of the BBC World Let me read out a couple of quotations by ordinary Service worldwide—of course, English is the first—and people from an article in : it is precisely these three poorer states in India that the “Vijay Kumar Pandey…every day at 6 am, takes his battered Department for International Development has committed transistor radio and places it on a small table outside his house. to support until 2015 to the tune of £280 million. Through the shortwave crackle a burst of familiar Indian classical The BBC is cutting its shortwave Hindi service, which music announces the beginning of a half-hour news bulletin. costs £1 million a year, but once cut, it will save just 2.5p Other villagers arrive to listen to the world’s most important per listener. This, I contend, is the wrong saving to events. They have been doing this since 1940, gathering at dawn make, and I very much hope that the BBC will think and dusk to hear BBC Hindi’s twice-daily news programmes. again. The BBC Hindi service began in May 1940, on ‘I am in shock,’ said Mr Pandey, a farmer in…Uttar Pradesh. the very same day that Churchill became Prime Minister, ‘It’s like a family member departing from me.’” and it employed I. K. Gujral, who later became the 13th The article continued: Prime Minister of India. The Hindi service was also the “My life would lose its meaning if BBC Hindi stops its first news outlet to break the news of ’s service,” assassination. said Tarachand Khatri from Rajasthan. There has been a so-called partial reprieve—I would call it a climbdown—after the massive outcry over the “Can you imagine living with somebody throughout your life and, suddenly, that person is gone? BBC Hindi was a person; we total abolition of a radio service that serves 10 million used to interact with it through its programmes; we used to share people, and which most radio stations in the world our happiness, feelings, thoughts and concerns.” would give their eye tooth to have. However, all that will do is save one hour of Hindi broadcasting for just one The respected Indian news weekly Outlook reports year, and that is not enough. The work schedules of the that some villagers have threatened to burn David Cameron poorest Indians mean that they can often hear only one in effigy—something that we would all deprecate. broadcast or the other. Many listeners want their radio Mohammed Hasnain Khan, a schoolteacher from news in the morning. This decision will wipe out a large Ghazipur, has threatened to immolate himself if BBC proportion of the audience overnight. Hindi is shut. Ravindra Chauhan of Assam says that hearing that BBC Hindi will close was as if Mr Gareth Thomas (Harrow West) (Lab/Co-op): Does “someone tells you that your parents will die in March.” the hon. Gentleman agree that there is widespread And so the arguments go on. This decision is an attack concern across the UK about the decision that the BBC on people who have no way of hitting back, and I think appears to be making? Many of my constituents share that we should protect them, especially as the Department his concerns about the future direction of the BBC on for International Development is set to continue funding this service. the poorest states in India to the tune of £250 million. Mr Leigh: I am grateful for that intervention, which shows the wide cross-party support on this issue, in a Mr William Cash (Stone) (Con): Given the BBC’s well-attended debate, and a lot of determination, in all enormous revenue, which is something like £4 billion a parts of the House, to resist the BBC’s short-sighted year, and how many correspondents it sends across the decision. world in batches, does my hon. Friend agree that this incredible waste—in respect of which he and I fought to Jeremy Corbyn (Islington North) (Lab): I congratulate bring the BBC’s accounts within the purview of the the hon. Gentleman on securing this important debate National Audit Office—is completely disproportionate on what is a ridiculous decision by the BBC. Running to the value that is attached to this service? Lastly, he the service costs very little compared with the audience might be fascinated to learn that 10 May 1940—the day that it gets. This decision has been made by people who on which the service began—happens to be the day I do not understand that millions around the world rely was born. on ordinary, old-fashioned, shortwave broadcasting. They are not part of the digital revolution, and if this Mr Leigh: It is a very notable anniversary. kind of cut goes through, they will not even be informed about the digital revolution. At this precise moment the BBC is wasting hundreds of thousands of pounds on a regionalisation programme—a Mr Leigh: That is precisely the point. The false programme that involves moving the headquarters of argument that the BBC makes is that there is a revolution “Question Time” to Glasgow, for instance, even though in India and elsewhere—as indeed there is—and that it will continue to move around the country—while it is more and more people have television, but the poorest cutting a valued service in India. 137 Hindi Radio Service (BBC)14 MARCH 2011 Hindi Radio Service (BBC) 138

Keith Vaz (Leicester East) (Lab): I congratulate the described as the most serious threat facing the country. hon. Gentleman on securing this debate and on getting Many BBC Hindi service listeners might be forced to the climbdown from the BBC, but does he agree that switch to China Radio International or, for Muslim this reprieve is not enough? We need to settle this matter listeners, Radio Voice of Iran, if the service is shut. I once and for all and acknowledge the important would point out to my hon. Friend the Member for contribution that the Hindi service makes. We need not Orpington (Joseph Johnson) that the only domestic just a temporary reprieve but a permanent one. competition that the BBC Hindi service faces is All India Radio, which has a poor reputation for news and Mr Leigh: The right hon. Gentleman is absolutely current affairs programmes and is often seen as a right. The purpose of this debate is to illustrate that we Government mouthpiece. In contrast, the BBC Hindi are saying, loud and clear, from all sides of the Chamber service has built up a strong reputation based on its in the House of Commons, that this is only a partial unbiased coverage of news and current affairs. climbdown. The BBC did not realise the extent of the Of course news and information will be available via outcry that would be caused by its decision. Some of the internet and other new media, but most of the the service’s best staff will go, and people will stop listeners who have access to that technology have already listening to it. They will no longer be able to listen in the shifted to it. More than 10 million listeners do not have morning; the service will be available only for one hour reliable access to the internet or to television, and they in the evening. That is not good enough, and we must would be cut off from the BBC completely if the service fight the decision. were to close. The existence of the BBC’s Hindi broadcasting We often talk about soft power, and about proclaiming augments the depth of the BBC’s English language our values. Service such as these represent soft power. coverage, granting reporters access that they might not They are increasingly recognised as a hugely effective otherwise have. Politicians, especially those from the means of delivering diplomacy and our values, with few Hindi-speaking north, know and interact with the BBC of the risks associated with more heavy-handed foreign primarily through the Hindi service. The service has a policy interventions. Unlike other countries, Great Britain wide range of local part-time correspondents and has a medium through which it can engage with a wide information suppliers who provide critical input that range of Indians, and not simply with the urban elite. goes to the rest of the BBC as well. That is the point that the hon. Member for Islington North (Jeremy Corbyn) made. We are not simply engaging The BBC will try to pass the buck to the Minister. It with the urban elite online; we are engaging with the will say that the Foreign and Commonwealth Office has rural poor. stated that it believes that £25 million of World Service expenditure counts as official development. It is talking Rehman Chishti (Gillingham and Rainham) (Con): about commercial opportunities, and it will ask for The service is empowering people in some of the most funding from the Department for International rural parts of India who might not otherwise get the Development, but I want to put the spotlight firmly on information that it provides. Providing that information the BBC, which has taken this decision. empowers them to become masters of their own destiny Let me end on this note. During the battle of Crete, and to know what is going on around them, which they Admiral Andrew Cunningham was criticised for using might otherwise not do. Royal Navy ships heavily exposed to assault from German aircraft to evacuate the Army to Egypt. Cunningham, Mr Leigh: Absolutely. One of the values of the service however, was determined that the Navy would not let is that it is a news service. Of course the BBC can go on the Army down, no matter how many ships it lost. broadcasting on FM radio, but hon. Members might Admiral Cunningham said: not know that it is not allowed to put news on FM. It “It takes three years to build a ship; it takes three centuries to can broadcast news only on shortwave radio. One person build a tradition.” has written to ask me what the point is of the BBC just beaming out Bollywood-type programmes on FM when For 70 years, the BBC has built a tradition of unbiased it can beam out real independent news on shortwave reporting to the poorest people in the world. We must radio. not let this service down.

Joseph Johnson (Orpington) (Con): I agree with much of what my hon. Friend says about soft power, and 10.15 pm about this decision perhaps not having been taken on The Minister for Europe (Mr David Lidington): I the basis of a solid cost-benefit analysis, but why, if he congratulate my hon. Friend the Member for Gainsborough believes in markets, does he believe that only the BBC (Mr Leigh) on securing this debate and on attracting can provide independent, impartial news in India, which such conspicuous and widespread support from both has a very vibrant media sector? sides of the House this evening. As he said, the BBC Hindi service is not, after all, being completely discontinued. Mr Leigh: Of course India has a vibrant economy The World Service had announced that the shortwave and many other news outlets will come into the picture, broadcasts would be stopped, but that the FM and but the fact remains that many radio programmes in online service would continue. However, the World Service India do not have the tradition of real independence has now been able to identify savings from within its and unbiased reportage that the BBC Hindi programme budget to postpone the cessation of the shortwave has. service. Like many Members who have spoken this The service also reaches large numbers of listeners in evening or attested to their support for my hon. Friend areas affected by Maoist-inspired violence in central through their presence in the Chamber, we welcome this India, which Prime Minister Manmohan Singh has recent decision by the BBC World Service board. 139 Hindi Radio Service (BBC)14 MARCH 2011 Hindi Radio Service (BBC) 140

[Mr David Lidington] Last week the director of the World Service told the Foreign Affairs Committee that it had intended to close There is no doubt that the BBC World Service is a the shortwave service eventually and concentrate its much-respected and much-loved British institution. As efforts on the rapidly growing parts of the Hindi media my right hon. Friend the Foreign Secretary made clear market: online, mobile and television. Its broadcasts on on 26 January, it performs an invaluable role, reflecting FM would not be affected. The Hindi service has a British democratic values overseas and supporting British network of FM partners throughout India whom it influence in the world. The services it provides are a supplies with programmes, but—as my hon. Friend beacon to many in some of the poorest and most said—because of the regulatory framework in India, insecure countries of the world. those services cannot supply hard news programming. It is also true that the World Service, like any other We are aware that the Hindi service was approached body funded by the taxpayer, must ensure that it is with proposals for alternative funding models for the working on the right priorities and as efficiently as shortwave broadcasts, but needed time to explore whether possible. Last October, my right hon. Friend the Foreign those possibilities were practicable. In discussions between Secretary announced that the World Service’s expenditure officials, we made it clear that any decision would have limits would be reduced by 16% in real terms over the to be made by the BBC World Service within its budget next three years. There is no doubt that these cuts are allocation. However, we supported the approach by the challenging, but it is right that all parts of the Foreign Hindi service to continue its shortwave broadcasts. and Commonwealth Office family should contribute I am pleased that the BBC World Service has been able to reducing the deficit inherited from the previous to find extra funds in its budget to support the Hindi Government. As part of the settlement, and to provide shortwave service for another year and give it time to a balanced package, the Foreign Office provides £13 million establish whether any of the alternative funding proposals a year to help with the deficit in BBC pension funds and are viable. The Hindi service will continue to broadcast £10 million a year for new services in markets that we on shortwave, albeit for only one hour a day rather than and the World Service have identified as priorities. three. The World Service has decided to reprioritise My hon. Friend touched on the division of £170,000 of its transmission budget for that purpose. I responsibilities between the Foreign and Commonwealth believe that that is a sensible response not only to Office and the BBC World Service, and the broadcasting legitimate concerns, but to the pressure to explore viable agreement between the two sets out clearly the alternatives to continue the Hindi service not just for responsibilities of each. My right hon. Friend, together one year but for much longer, on a sustainable basis. with the BBC, sets the objectives, priorities and targets My hon. Friend spoke of the continuing priority for the World Service and gives his authority for the given by the Department for International Development opening or closure of any foreign language service. to helping the poorest communities in India. I know Other changes fall under the managerial independence that a number of questions have been asked in the of the World Service and are its responsibility. House about why that Department could not fund the From 2014, the funding for the World Service will Hindi service or cover the shortfall in the World Service’s be transferred to the BBC under its licence fee overall budget. Under the broadcasting agreement between arrangements—a development welcomed by the BBC the Department for Culture, Media and Sport and the Trust. I emphasise, however, that the Foreign Secretary’s BBC, funding for the World Service should come from oversight role will remain and that he will continue to the Foreign and Commonwealth Office rather than the be involved in the setting of priorities. His authority Department for International Development. Members will still be required to open or close any foreign language will have seen the announcement in which, on 1 March, service. my right hon. Friend the Secretary of State for International On 26 January this year, the World Service announced Development clearly set out his priorities for the next plans for working within its new budget, and it had to few years. They did not include core funding for the take some difficult decisions. Among the announcements BBC World Service, as it did not fulfil the criteria that made was the one about the cessation of the shortwave he had identified. broadcasts in a number of languages, including Hindi. That said, some World Service activity may count as As my hon. Friend said, the Hindi service has a long official overseas development assistance. We are discussing and honourable history, having been established as far with DFID and the OECD how BBC World Service back as 1940. Many millions of people have grown up expenditure may be reported as official development listening to its broadcasts, and its popularity has certainly assistance. I understand that the World Service is discussing been shown by the number of representations that we funding for specific projects with DFID, which already and the BBC have received and by the passion with supports the BBC World Service Trust, the charitable which they were made. My hon. Friend cited a number arm of the World Service. The Government remain of those representations in his remarks. committed to an enhanced partnership with India. According to the World Service, the shortwave audience in India has been falling for some time. In 2007 there Mr Thomas: Has the Minister had discussions with were 19.1 million listeners, but by 2010 the number had his counterparts at DFID to establish whether they fallen to about 11 million. That is still a large audience, might provide funds either to extend the one-hour but it represents a reach of just over 1% of the population, service that has been saved or, in the longer term, to although—as my hon. Friend made clear—the areas keep the shortwave service going beyond 2014? covered by the shortwave broadcasts include some of the very poorest parts of India. There is only a small Mr Lidington: There have been discussions at official audience for shortwave in any of the urban areas, and level about the BBC decision to discontinue the Hindi the service was broadcasting for only three hours a day. service and about the pressure from the Hindi service 141 Hindi Radio Service (BBC)14 MARCH 2011 Hindi Radio Service (BBC) 142 for there to be a stay of execution while it explored innovation, and education. The presence of the World other funding models. As far as I am aware, discussions Service is one of many important elements in our ties between the Foreign Office and DFID about whether with India, and we hope a solution can be found to the World Service expenditure can be classified as overseas problems in respect of the Hindi service that demonstrates official development assistance have been held largely at this value. Clearly, the World Service cannot be immune official level, although clearly if there were to be a from public spending constraints or the need from time major policy shift in this area the Minister of State, my to time to reassess its priorities in the light of changing hon. Friend the Member for Taunton Deane (Mr Browne), technologies and audience patterns. who is the Minister responsible for the World Service within the FCO, would be directly involved with his Bob Stewart (Beckenham) (Con): Does the Minister DFID counterparts. agree that it is very important that we keep the Hindi service and other such BBC services, because we are Mr Thomas: With due respect, surely the Minister retracting from our embassies? The influence throughout knows whether or not there have been ministerial the world of the BBC World Service in all the languages discussions, and given the strength of concern in the is therefore terribly important. House, surely a Minister from the Foreign Office could talk to DFID colleagues, or, potentially, to those who Mr Lidington: First, I want to assure my hon. Friend run the BBC World Service, to get some clarity about that this Government are not going to be retracting possibly at least extending the one-hour service back to from our network of embassies and high commissions. the three-hour service? Indeed, my right hon. Friend the Foreign Secretary has made it clear that he sees the network of posts overseas Mr Lidington: The discussions that have taken place as absolutely core to the mission of the FCO as a so far have been at official level about the decision the Department. I agree about the continuing importance BBC took on the Hindi service earlier this year. The of the World Service, but I also say that the current point I made a few moments ago is on a bigger issue: pattern of the language services provided by the BBC the extent to which expenditure on the World Service World Service cannot be preserved in aspic. There will could qualify as official development assistance, and be changes in priorities as the years go on. Changes will whether there were any problems in respect of the be occasioned by: the political priorities of the Foreign International Development Act 2002, which has to and Commonwealth Office; shifts in audience; and govern DFID’s expenditure. It is sensible that those changes in technology. In some parts of the world the conversations should initially take place at official level use of online access to the BBC is increasingly rapidly, before advice is put up to Ministers, taking account not and that is being coupled with a significant reduction in only of the views of the people in the two Departments, the use of shortwave broadcasting. Clearly the patterns but also, as I mentioned, the opinions of the OECD, of provision need to take account of that. I am pleased which has an authority in defining those areas of that in this instance the World Service has been able to expenditure which count for ODA purposes and those keep the Hindi service shortwave broadcasts operating that fall outside that definition. while a sustainable solution is explored, and I hope that There has been significant progress on building the that leads to success. bilateral relationship with India since the Prime Minister’s Question put and agreed to. visit in July 2010, with increased co-operation across the full scope of activities in areas such as the economy, 10.30 pm defence, counter-terrorism, climate change, science and House adjourned.

1WS Written Ministerial Statements14 MARCH 2011 Written Ministerial Statements 2WS

I am grateful to the US/UK investigation team for Written Ministerial the thoroughness of their investigation. It is our long- standing policy not to comment on the tactics of British Statements or our allies’ special forces but I am confident that the appropriate tactical lessons have been shared and learnt. I pay tribute to the courage of the US forces who risked Monday 14 March 2011 their own lives to try and rescue Linda Norgrove. The inquest has confirmed the tragic circumstances of Linda Norgrove’s death. Ms Norgrove’s parents have ENERGY AND CLIMATE CHANGE shown great dignity and strength throughout their ordeal. They have set up the Linda Norgrove Foundation to Independent Fuel Poverty Review continue their daughter’s desire to help bring prosperity and security to the Afghan people as their country is rebuilt. Linda Norgrove’s work will continue to be an The Secretary of State for Energy and Climate Change inspiration. (Chris Huhne): The coalition Government announced their intention at the spending review to launch an NORTHERN IRELAND independent review of the fuel poverty target and definition. I have asked Professor John Hills of the London School Rosemary Nelson Inquiry of Economics to lead this review. The review is expected to publish interim findings in autumn 2011 and to The Secretary of State for Northern Ireland (Mr Owen deliver a final report to Government by January 2012. Paterson): In anticipation of the publication of the The terms of reference for the review are: report of the Rosemary Nelson inquiry, I have today 1. To consider fuel poverty from first principles: to asked a team of officials to commence the checking of determine the nature of the issues at its core, including the inquiry’s report in relation to human rights and the extent to which fuel poverty is distinct from poverty national security matters, as outlined below. I intend to more generally, and the detriment it causes. adopt the same approach as was used for the checking 2. As appropriate, and subject to the findings under (1), of the report of the , Billy Wright and to develop possible formulations for a future definition Robert Hamill inquiry reports. and any associated form of target, which would best As I informed the House in my written statement of contribute to: 16 December 2010, Official Report, column 131WS, the addressing the underlying causes identified; Nelson inquiry intends to complete its report by the end helping Government focus their resources (which are set out of April 2011. I am responsible for publication of the in the spending review for the period to 2014-15) and policies inquiry’s report, once it is delivered to me. I am advised on those who need most support; that I have a duty, as a public authority under the measuring the cost-effectiveness of different interventions in Human Rights Act, to act in a way that is compatible contributing to progress towards any target; and with the European convention on human rights (ECHR). developing practical solutions, particularly around identification To fulfil this duty, I need to take steps to satisfy myself and targeting of households and measuring progress resulting that publication of the report will not breach article 2 of from Government action. the convention by putting the lives or safety of individuals The review’s website is available at www.decc.gov.uk/ at risk. I am advised that these obligations must be met hillsfuelpovertyreview where any updates on progress by me personally, in my capacity as Secretary of State will be posted. for Northern Ireland. Although the inquiry is also a public authority under the Human Rights Act, I am not entitled to rely on the inquiry to satisfy my article 2 FOREIGN AND COMMONWEALTH OFFICE obligations and I have a duty to assess this myself. I also have a duty to satisfy myself that publication will not Linda Norgrove put national security at risk, for example by disclosing details of sources of protected information. I have established a small team to assist me in carrying The Secretary of State for Foreign and Commonwealth out this necessary exercise. The team will comprise the Affairs (Mr William Hague): In my statement of ’s principal legal adviser, two 2 December 2010, Official Report, columns 987-994, officials from the Ministry of Defence, one official from I informed the House of the outcome of the US/UK the Police Service of Northern Ireland and one official military investigation into the death of the British aid and one legal adviser from the Security Service, who are worker, Linda Norgrove, who was taken hostage by familiar with the sensitive material provided to the inquiry insurgents in Afghanistan on 26 September 2010 and panel. This team will be granted access to the report who died during a US-led rescue operation on the night under strict terms of confidentiality and for the sole of 8 October 2010. I reminded the House that Her purpose of carrying out the necessary checks, and they Majesty’s coroner for Wiltshire and Swindon was legally will report directly to me alone. Neither I nor any responsible for determining the cause of death and that official beyond the members of the checking team will my statement could not in any way prejudice the course have access to the report until 24 hours before it is of his inquiries. published. Sir Michael Morland has agreed that this HM coroner completed his inquest on 15 February team can carry out the checks on the inquiry’s premises 2011 and has recorded a narrative verdict. The full while the report remains in the custody of the inquiry. I redacted US/UK military investigation report was published understand that the report will be made available for on 9 March 2011. checking today. 3WS Written Ministerial Statements14 MARCH 2011 Written Ministerial Statements 4WS

I want to publish the report in its entirety. Should any The first debate focused on Europe 2020 and the concerns about the safety of any individual arise, my European semester. The presidency asked member states first course of action would be to consider whether for views on social and employment measures that these can be addressed through alternative means. Were needed tackling urgently. The Commission reiterated I to reach the conclusion, on advice, that a redaction to the need for national targets in meeting the Europe 2020 the text might be necessary, I would consult Sir Michael headline targets and highlighted that not all member Morland. In the very unlikely event that any redaction states had set a national employment or a poverty was deemed necessary, my intention would be to make target. Some member states’ responses included setting this clear on the face of the report. a high level of ambition in the employment and social The report must be published first for this House, inclusion targets, while others argued for more realism. and I intend to publish the report as soon as possible once For the UK, I stressed that actions to remove obstacles the report and the checking process has been completed. to employment should be at the heart of policies to However, I acknowledge the importance of this inquiry’s promote growth and that addressing the EU’s relatively findings in the lives of a number of individuals. As with low labour market participation required a mix of measures, the publication of the Bloody Sunday and Billy Wright including improvements to welfare policies, education inquiry reports, I intend to consider giving advance systems and regulatory policies. The EU should focus sight to those who were designated as represented parties on growth and reducing regulatory burdens, particularly by the inquiry. I intend to discuss this with the Speaker for small and medium-sized companies. I explained the of the House in due course. UK approach, prioritising welfare reforms aimed at helping people break the cycle of benefit dependency TRANSPORT and ensuring that work was a better option than welfare. I also stressed that the UK was investing heavily in Coastguard Service (Consultation) targeted interventions and in improving skills. In the second debate, the Commission presented results The Parliamentary Under-Secretary of State for Transport of the Green Paper consultation on adequate, sustainable (Mike Penning): My statement of 16 December 2010, and safe European pension systems. Most member states Official Report, columns 133-34WS, announced the agreed with the need for reforms, but many pointed to commencement of a consultation on proposals for the the need for subsidiarity, recalling the very different modernisation of the coastguard service, concluding on national situations and conditions across the European 24 March. These proposals cover both the reorganisation Union. There was broad support for continued use of of the rescue co-ordination work undertaken by regular the open method of co-ordination. For the UK, I coastguard officers and specifically include an investment explained the recent pension reforms in the UK and of resources to strengthen the support given to the also argued against unnecessary changes such as the volunteers in the coastguard rescue service who serve revised solvency rules which could cause employers to their local communities by providing an effective, close their occupational pension schemes. This was an knowledgeable and responsive local rescue service. issue on which all UK stakeholders were in agreement. An extensive programme of public engagement meetings The Council adopted a number of Council conclusions. organised by the coastguard will be completed by 16 March These covered the joint employment report in the context 2011. I have been very grateful for the contributions of of the annual growth survey 2011, the European platform all of those who have attended these meetings. However, against poverty and social exclusion, the further to give all interested parties more time to further develop development of an electronic exchange system facilitating their thoughts and submissions, including alternative the administrative co-operation in the framework of the proposals, I have decided to extend the period for posting of workers directive, and the European pact for submission of written responses by a further six weeks gender equality (2011- 2020). The UK abstained on the to 5 May 2011. joint employment report as it had not cleared parliamentary The Transport Select Committee has also announced scrutiny. its intention to hold an inquiry into the modernisation proposals. Provided the Transport Select Committee is The Council also took note of the annual report on able to produce its report in a timely manner, I would progress towards equality between women and men expect to allow a further short period for consultation 2010. The report acknowledges areas where progress following publication of that report. has been made, both at national and European level. Under any other business, the presidency reported on WORK AND PENSIONS the informal meeting of the Ministers for Employment, and provided an update on two legislative areas, “seasonal Employment, Social Policy, Health and Consumer workers” and “intra-corporate transferees”. The Affairs Council Employment Committee and Social Protection Committee chairs provided information on their work programmes The Minister of State, Department for Work and for 2011, and there was a presentation from the French Pensions (Chris Grayling): The Employment, Social Policy, delegation on plans for their G20 Labour and Employment Health and Consumer Affairs Council met on 7 March Ministers’ meeting, which will take place in September 2011 in Brussels. I represented the United Kingdom. 2011. 1W Written Answers14 MARCH 2011 Written Answers 2W

INDEPENDENT PARLIAMENTARY Written Answers to STANDARDS AUTHORITY COMMITTEE

Questions Data Protection

Bob Russell: To ask the hon. Member for Broxbourne, Monday 14 March 2011 representing the Speaker’s Committee for the Independent Parliamentary Standards Authority, what discussions the Independent Parliamentary Standards Authority (IPSA) had in respect of (a) security and (b) data protection before permission was granted for the BBC WALES to film the personal details of hon. Members at IPSA offices for broadcast on 3 February 2011. [40435]

Departmental Written Questions Mr Charles Walker: The information requested falls within the responsibility of the Independent Parliamentary Thomas Docherty: To ask the Secretary of State for Standards Authority. I have asked IPSA to reply. Wales what proportion of written questions tabled to Letter from Scott Woolveridge, dated March 2011: her for answer on a named day between 27 May 2010 As Acting Chief Executive of the Independent Parliamentary and 9 March 2011 did not receive a substantive answer Standards Authority, I have been asked to reply to your Parliamentary on the day named for answer. [46563] Question asking what discussions the Independent Parliamentary Standards Authority (IPSA) had in respect of (a) security and (b) Mr David Jones: None. All named day questions data protection before permission was granted for the BBC to tabled within that period received a substantive answer film the personal details of hon. Members at IPSA offices for broadcast on 3 February 2011. on the day named for answer. IPSA took careful steps in the planning of the filming to ensure no personal data of MPs was disclosed. The BBC were asked to provide, and gave, strict assurances that no personal data Prisons of MPs would be shown in any of their camera shots. Appropriate steps were taken in the planning of and execution Ian Lucas: To ask the Secretary of State for Wales of the filming to ensure no such details were shown and the BBC when she last met the Secretary of State for Justice to gave an undertaking that it would not show any such data were any to be filmed inadvertently. discuss proposals for a prison in North Wales. [46616]

Mr David Jones: The Secretary of State for Wales last Departmental Publications met with the Minister for Prisons and Probation, the hon. Member for Reigate (Mr Blunt), in November and Mr Spellar: To ask the hon. Member for Broxbourne, discussed the provision of prison places in North Wales. representing the Speaker’s Committee for the Independent The consultation on the Ministry of Justice’s Green Parliamentary Standards Authority, whether the board Paper ‘Breaking the cycle: effective punishment, of the Independent Parliamentary Standards Authority rehabilitation and sentencing of offenders’ ended on authorised the comments made by Mr Ken Olisa in his 4 March. Responses are currently being considered and interview with magazine published on long-term plans for prison capacity are being evaluated. 5 January 2011. [41679] The Secretary of State and I will continue to work Mr Charles Walker: The information requested falls closely with the Minister for Prisons, as decisions on the within the responsibility of the Independent Parliamentary prison estate are made, to ensure that the implications Standards Authority. I have asked IPSA to reply. for North Wales are fully taken into account. Letter from Scott Woolveridge, dated March 2011: As Acting Chief Executive of the Independent Parliamentary St David’s Day Standards Authority, I have been asked to reply to your Parliamentary Question asking whether the board of the Independent Parliamentary Standards Authority authorised the comments made by Mr Ken Kevin Brennan: To ask the Secretary of State for Olisa in his interview with Total Politics magazine published on Wales pursuant to the answer of 7 March 2011, Official 5 January 2011. Report, column 744W, on St David’s day, (1) what The Board does not seek to authorise comments made by criteria she used to determine which hon. Members members in the course of dealings with the media. representing Welsh constituencies to include on her invitation list to attend her St David’s day event at Departmental Recruitment Gwydyr house on 1 March 2011; [46613] (2) who attended her St David’s day reception on 1 Bob Russell: To ask the hon. Member for March 2011. [46614] Broxbourne, representing the Speaker’s Committee for the Independent Parliamentary Standards Authority, Mrs Gillan: Right hon. and hon. Members representing for what purposes the Independent Parliamentary the coalition parties, official opposition spokespeople, Standards Authority engaged the recruitment agency media and various representatives of Welsh society Saxton Bampfylde; and how much was paid to that were invited. A total of approximately 50 attendees. agency in fees. [41806] 3W Written Answers14 MARCH 2011 Written Answers 4W

Mr Charles Walker: The information requested falls Manpower within the responsibility of the Independent Parliamentary Standards Authority. I have asked IPSA to reply. Bob Russell: To ask the hon. Member for Broxbourne, Letter from Scott Woolveridge, dated March 2011: representing the Speaker’s Committee for the Independent As Acting Chief Executive of the Independent Parliamentary Parliamentary Standards Authority, how many hours Standards Authority, I have been asked to reply to your Parliamentary each member of the Board of the Independent Question asking for what purposes Saxton Bampfylde recruitment Parliamentary Standards Authority (IPSA) has spent agency was engaged and the amount that was paid to that agency. on their duties at (a) the offices of IPSA and (b) IPSA has not engaged the services of Saxton Bampfylde and elsewhere in each month since their appointment. no money has been paid to this agency. [40436] Employment Mr Charles Walker: The information requested falls Mr Spellar: To ask the hon. Member for Broxbourne, within the responsibility of the Independent Parliamentary representing the Speaker’s Committee for the Standards Authority. I have asked IPSA to reply. Independent Parliamentary Standards Authority, how many people have terminated their employment at the Letter from Scott Woolveridge, dated March 2011: Independent Parliamentary Standards Authority since As Acting Chief Executive of the Independent Parliamentary its inception. [45128] Standards Authority, I have been asked to reply to your Parliamentary Question asking how many hours each member of the Board of Mr Charles Walker: The information requested falls the Independent Parliamentary Standards Authority (IPSA) have within the responsibility of the Independent Parliamentary spent on their duties at (a) the offices of IPSA and (b) elsewhere Standards Authority. I have asked IPSA to reply. in each month since their appointment. (40436) The table below details the number of days and hours between Letter from Scott Woolveridge, dated March 2011: December 2009 and January 2011 for which the Chairman and As Acting Chief Executive of the Independent Parliamentary Board members have received remuneration. IPSA does not Standards Authority, I have been asked to reply to your Parliamentary collect information that distinguishes between the number of Question asking how many people have terminated their employment hours the Board have spent on their duties at the offices of IPSA at IPSA since its inception. or elsewhere. The hours charged under-represent the actual number Three members of staff have resigned since IPSA’s inception. of hours Board members have committed to IPSA.

Days/hours claimed per month Rt Hon Sir Scott Month Prof. Sir Ian Kennedy Prof. Isobel Sharp Ken Olisa Baker Jacqueline Ballard

2009 December — 1 day 2 days 2 days 1.5 days

2010 January 9.5 days 1 day 2 days 2 days 2 days February 10.5 days 5.5 days 6 days 6.5 days 5 days March 11 days 2 days 1.5 days 2.5 days 2.5 days April 2 days 1 day 1 day 1.5 days 1 day May 2 days 2.5 days 1.5 days 0 1.5 days June 4.75 days 1 day 0 4 days 3.5 days July 8 days 2 days 1.25 days 2.5 days 1.5 days August 12.25 days 0 4.75 days 1.5 day 0 September 7 days 5.5 hours 0 0 2 days 4.5 hours 2 days 4 hours October 9 days 2 days 6 days 9.25 hours 0 1.5 days 1 hour November 5 days 4 hours 3 days 0 5 days 6.5 hours 1 day 2.5 hours December 11 days 2.5 hours 1 day 0 2 days 3 hours 2 days 2.25 hours

2011 January 6 days 4.5 hours 0 4 days 9.5 hours 1 day 0

Pay Letter from Scott Woolveridge, dated March 2011: As Acting Chief Executive of the Independent Parliamentary Bob Russell: To ask the hon. Member for Broxbourne, Standards Authority, I have been asked to reply to your Parliamentary representing the Speaker’s Committee for the Independent Question asking how much has been paid in salary to members of the board of the Independent Parliamentary Standards Authority Parliamentary Standards Authority, how much has been in each month since their appointment. paid in salary to members of the Board of the Independent Parliamentary Standards Authority in each month since The Chairman and the Board of IPSA are not salaried; instead, they are paid a per diem rate for their time, at the rate their appointment. [40438] advertised at the time of their recruitment. The payments made from April 2010 to January 2011 are set out in the table below. Mr Charles Walker: The information requested falls Amounts paid prior to 1 April 2010 were published in IPSA’s within the responsibility of the Independent Parliamentary annual report for 2010-11, which is available on the IPSA website at: Standards Authority. I have asked IPSA to reply. www.parliamentarystandards.org.uk 5W Written Answers14 MARCH 2011 Written Answers 6W

Amount paid per month1 £ Prof. Sir Ian Right hon. Sir Scott Kennedy Prof. Isobel Sharp Ken Olisa Baker Jacqueline Ballard

April 1,400.00 400.00 400.00 600.00 400.00 May 1,400.00 1,000.00 600.00 0.00 600.00 June 3,325.00 400.00 0.00 1,600.00 1,400.00 July 5,600.00 800.00 500.00 1,000.00 600.00 August 8,575.00 0.00 1,900.00 600.00 0.00 September 5,413,33 0.00 0.00 800.00 1,520.00 October 6,300.00 800.00 2,893.30 0.00 146.65 November 3,873.32 1,200.00 0.00 2,346.65 533.33 December 7,933.33 400.00 0.00 800.00 919.99 January 4,619.99 0.00 2,106.64 0.00 0.00 1 Please note that the timings for payments as set out in this table correlate to the time at which board members have submitted invoices and time sheets to IPSA. A single submission may cover multiple periods.

ENVIRONMENT, FOOD AND RURAL AFFAIRS Fisheries Beef: Imports Mr Bain: To ask the Secretary of State for Sandra Osborne: To ask the Secretary of State for Environment, Food and Rural Affairs what account Environment, Food and Rural Affairs what assessment her Department’s food procurement policy takes of she has made of the prevalence of foot and mouth compliance with the UN sustainability standard that disease in countries from which beef may be imported all wild-caught fish should meet the terms of the UN to the UK. [45212] Food and Agriculture Organisation’s Code of Conduct for Responsible Fisheries. [45498] Mr Paice: Before a non-European Union (EU) country is approved to export to the EU, the exporting country Mr Paice: The Government’s policy is to promote the must have acceptable disease status, the recognised standard consumption of fish from sustainable sources. We want for relevant control authorities and guarantees from the to be the greenest Government ever and to help meet country of origin with regard to compliance with EU this commitment we are developing Government Buying import rules and results of EU missions to these countries. Standards (GBS) for the public procurement of food A list of those countries approved for export of beef and catering services. These standards will be mandatory can be found in Commission Regulation (EU) No. for central Government Departments and promoted to 206/2010. For countries which are regionalised for beef the wider public sector. exports (certain countries in Southern Africa and South An external review asking for evidence and comments America) all exported meat is required to be deboned regarding our proposed GBS ended on 24 January and and matured in approved premises as a risk mitigation we are now considering all the comments received, measure. including those about sustainably sourced seafood, before All meat imported from non-EU countries must be making a decision on what the final GBS for food and accompanied by veterinary certification. This must confirm catering services should be. I cannot predict the outcome that the meat is derived from animals that have been of this process, as it requires cross-Government agreement. subjected to a veterinary inspection during the 24 hours prior to slaughter and showed no signs of disease. Forests Imports of products of animal origin (POAO) are checked at approved facilities at Border Inspection Posts (BIPS). All consignments of imported meat have a documentary Naomi Long: To ask the Secretary of State for check on the veterinary certification, and an identity Environment, Food and Rural Affairs what the composition check, to match the goods to the certification. A minimum of her proposed panel to consider the future of forestry of 20% of consignments of meat imported from non-EU in England will be; and what consideration she has countries undergoes a physical check by an official given to appointing to this panel members of environmental veterinary surgeon, and this rises to 50% for poultry and charitable organisations with expertise in the issue. and game. [46322] DEFRA monitors outbreaks of high impact diseases Mr Paice: The panel’s membership is still being around the world. Foot and mouth disease (FMD) is considered. It will include representatives of key among those diseases of major concern. When DEFRA environmental and access organisations, alongside becomes aware of a new disease outbreak in an export representatives of the forestry industry. It will need to region or country, it carries out an initial rapid risk draw on a broad range of expertise to inform its work. assessment of the risk of introduction of that disease into the UK in live animals or POAO and may produce a preliminary outbreak assessment. If this preliminary Forests: Devon assessment concludes that a full qualitative risk assessment is not justified, then we will publish the preliminary : To ask the Secretary of State for outbreak assessment here: Environment, Food and Rural Affairs (1) which forests www.defra.gov.uk/foodfarm/farmanimal/diseases/monitoring/ and woodlands in central Devon constituency are index.htm owned by the Forestry Commission; [37573] 7W Written Answers14 MARCH 2011 Written Answers 8W

(2) which forests and woodlands owned by the Mr Paice: We recognise the concerns of livestock and Forestry Commission in central Devon constituency horse keepers about the risks Chinese (or sky) lanterns she plans to include in the first tranche of sales; [37574] can present to their animals’ welfare. We are working (3) which areas of forest and woodland owned by the with other Government Departments to see what action Forestry Commission and in central Devon constituency could be taken to reduce these risks and have had fall within the (a) heritage, (b) small scale and (c) several meetings with the farming unions and the large commercial category. [37575] Department for Business Innovation and Skills (BIS) to discuss what could be done. We are working with them Mr Paice: The consultation on the future of the to build an evidence base of the problems caused and to public forest estate has been halted and all forestry help raise awareness among consumers and venues. BIS clauses in the Public Bodies Bill will be removed. All is also working with local authority trading standards new sales have been suspended as announced by the to encourage importers, distributors and retailers to Secretary of State for Environment, Food and Rural improve the safety of these products and to make them Affairs, the right hon. Member for Meriden (Mrs Spelman), fully biodegradable. on 11 February 2011, Official Report, column 21WS. An independent panel of experts will now examine forestry policy in England and report back to Ministers Telehandlers in the autumn. The following table lists woods and forests managed Mr Bain: To ask the Secretary of State for by the Forestry Commission in central Devon. Environment, Food and Rural Affairs if she will review the health and safety guidance provided by her Wood Ownership type1 Area (ha) Department on the safe use of telehandlers. [44000]

Berrydown, Freehold 208 Chris Grayling: I have been asked to reply. Abbeyford Canonteign Freehold 170 The question has been passed to me for reply as the Eggesford Freehold 311 Minister responsible for health and safety at work. Great Plantation Freehold 132 The Health and Safety Executive (HSE) has not Great Plantation pt Freehold 5 issued specific guidance on the safe use of telescopic road side materials handlers (telehandlers) in agriculture. It has Haldon1 Freehold 60 published general guidance on the selection, use and Haldon2 Mixed freehold and 724 maintenance of work equipment in the industry, which leasehold advises on compliance with relevant legislation. HSE Haldon3 Freehold 229 has also published an Approved Code of Practice (ACOP) Haldon5 Leasehold 67 and guidance on training for operators of lift trucks, Oldridge Freehold 170 which applies to telehandlers. Powderham, Cleave Leasehold 63 Industry specific guidance on the safe use of telehandlers Sousons Leasehold 215 in construction was launched by the Strategic Forum Stoke Woods Freehold 35 for Construction in February 2011. The guidance provides Wadland, Ashbury, Freehold 180 clarity on the safe use of telehandlers; including planning, Homing Down role of personnel, training and familiarization of personnel, Wadland, Ashbury, Freehold 8 safe use, maintenance, inspection and thorough Homing Down examination. These basic principles are applicable to 1 The public forest estate is owned by the Secretary of State for the use of telehandlers in any work environment or Environment, Food and Rural Affairs, and placed at the disposal of the Forestry Commissioners under section (3)1 of the Forestry industry. Act 1967. HSE will be reviewing external guidance during 2011. Any revisions to guidance will be posted on HSE’s Forests: Kettering website at: www.hse.gov.uk/agriculture Mr Hollobone: To ask the Secretary of State for Environment, Food and Rural Affairs pursuant to the answer of 7 March 2011, Official Report, column 768W, on Forestry Commission: lands, what the (a) name and (b) location is of the leasehold public forest estate in Kettering constituency. [45927] WOMEN AND EQUALITIES

Mr Paice: There is one area of woodland in Kettering constituency that is part of the Forestry Commission Departmental Regulation public forest estate. This is Brampton Wood, grid reference SP 798857. Gordon Banks: To ask the Minister for Women and Equalities what regulations the Government Equalities Sky Lanterns: Regulation Office has (a) introduced and (b) revoked between 2 February and 28 February 2011. [46016] James Wharton: To ask the Secretary of State for Environment, Food and Rural Affairs whether her Lynne Featherstone: Between 2 February and 28 February Department is considering taking steps to regulate the 2011, the Government Equalities Office did not introduce use of Chinese lanterns. [33427] or repeal any regulations. 9W Written Answers14 MARCH 2011 Written Answers 10W

CULTURE, MEDIA AND SPORT Hewlett Packard Apple Broadband: Sequoia Capital : To ask the Secretary of State for Culture, Olympics, Media and Sport what proportion of the funding allocated to broadband programmes in Bank the comprehensive spending review period he expects Cisco to be spent on programmes based in Reading West constituency. [46630] Warner Brothers The minutes of these meetings cannot be made public Mr Vaizey: No specific allocations for projects in as they contain commercially sensitive material. Reading West or any other constituency have been made. My officials continue to work closely with county councils on plans to support broadband roll out. SCOTLAND Digital Technology: Industry Citizens’ Advice Bureaux Ian Austin: To ask the Secretary of State for Culture, Olympics, Media and Sport what recent assessment he Graeme Morrice: To ask the Secretary of State for has made of (a) lending to and (b) financing of digital Scotland what recent discussions he has had with technology industries; and if he will make a statement. representatives of (a) Citizens Advice Scotland, (b) [46130] Consumer Focus Scotland and (c) the Scottish Executive on the future of consumer protection and advocacy Mr Vaizey: My Department together with the arrangements in Scotland. [45591] Department for Business, Innovation and Skills has recently commissioned research into financing and lending Michael Moore: I met with the chief executive of for the Creative Industries in order to provide evidence Citizens Advice Scotland on 28 February 2011. I intend for the Digital and Creative Industries Growth Review to meet Consumer Focus Scotland to discuss the future which reports to a Budget 2011 timetable. of consumer protection and advocacy arrangements in Scotland after the launch of the forthcoming consultation Sports: Scotland by the Department of Business, Innovation and Skills. Discussions have taken place at official level with the Cathy Jamieson: To ask the Secretary of State for Scottish Government on implications of changes to Culture, Olympics, Media and Sport pursuant to the current arrangements in Scotland. answer of 28 February 2011, Official Report, column 26W, on sports: health, what matters were discussed in Departmental Land relation to the issue of whether Team GB should be changed to Team UK; and what decisions were Simon Kirby: To ask the Secretary of State for reached. [45827] Scotland if he will take steps to reduce the size of his Department’s estate; and if he will make a statement. Hugh Robertson: The Sports Cabinet discussed a [46741] paper tabled by Northern Ireland Minister for Culture, Arts and Leisure, Nelson McCausland, regarding the David Mundell: The Scotland Office estate comprises name and branding of Team GB. The meeting agreed two leased buildings: one in London and one in Edinburgh. that the Welsh Minister for Heritage, in his capacity as The Scotland Office takes every opportunity to maximise Chair of the meeting, would write on behalf of the the use of the estate and to reduce running costs. Sports Cabinet to ask the British Olympic Association to consider changing the name and branding of Team Departmental Procurement GB to better reflect the whole of the UK. : To ask the Secretary of State for Technology: Scotland how many procurement projects with a monetary value greater than (a) £10 million, (b) £50 million and Ian Austin: To ask the Secretary of State for Culture, (c) £100 million his Department was engaged in in the Olympics, Media and Sport what organisations he has latest period for which figures are available. [45694] met to discuss the East London Tech City development; and if he will place in the Library a copy of the minutes David Mundell: The Scotland Office had no procurement of each such meeting. [44875] projects with a monetary value greater than £10 million in 2009-10 and has none in the current financial year Mr Vaizey [holding answer 7 March 2011]: The Secretary 2010-11. of State for Culture, Olympics, Media and Sport, my right hon. Friend the Member for South West Surrey Stephen Barclay: To ask the Secretary of State for (Mr Hunt), met with the following organisations during Scotland which procurement projects engaged in by his his visit to San Francisco in October 2010 where the Department had a designated senior responsible owner East London Tech City development was discussed: in the latest period for which figures are available; and Yelp on what date they were appointed in each such case. [45695] 11W Written Answers14 MARCH 2011 Written Answers 12W

David Mundell: Other than minor purchases, the Mr Swire: My Department and the non-departmental Scotland Office does not undertake direct procurement public body for which I am responsible did not have any or tendering projects. It utilises existing service contracts procurement projects with a monetary value greater between suppliers and the Scottish Government or the than (a) £10 million, (b) £50 million and (c) £100 million Ministry of Justice. in 2009-10. Departmental Visits Abroad Stephen Barclay: To ask the Secretary of State for Northern Ireland which procurement projects engaged Cathy Jamieson: To ask the Secretary of State for upon by (a) his Department and (b) the non- Scotland pursuant to the answer of 4 March 2011, departmental public body for which he is responsible Official Report, columns 610-11W,on visits, what criteria had a designated senior responsible owner in the latest he proposes to use to determine the (a) justification of period for which figures are available; and on what date costs and (b) value to taxpayers of overseas visits. each officer was appointed in each such case. [45574] [45828] Mr Swire: My Department and the non-departmental David Mundell: Any proposed expenditure for ministerial public body for which I am responsible have not had and official travel will continue to be examined rigorously any procurement projects which deemed a designated to ensure value for money and effectiveness, in accordance senior responsible owner be appointed. with the Ministerial Code and HM Treasury guidance Departmental Written Questions on the use of public funds. Departmental Written Questions Thomas Docherty: To ask the Secretary of State for Northern Ireland what proportion of written questions tabled to him for answer on a named day between Thomas Docherty: To ask the Secretary of State for 27 May 2010 and 9 March 2011 did not receive a Scotland what proportion of written questions tabled substantive answer on the day named for answer. to him for answer on a named day between 27 May [46564] 2010 and 9 March 2011 did not receive a substantive answer on the day named for answer. [46562] Mr Swire: Between 27 May 2010 and 9 March 2011, 11 written questions for named day answer were tabled David Mundell: 123 written questions were tabled to to the Northern Ireland Office, of which three (27%) the Secretary of State for answer on a named day did not receive a substantive answer on the date specified. between 27 May 2010 and 9 March 2011. Of these, seven received a substantive answer after the named day. Energy: Prices DEFENCE Afghanistan Graeme Morrice: To ask the Secretary of State for Scotland what recent discussions his Department has 17. Mr Baron: To ask the Secretary of State for had with Scottish representatives of the six largest Defence what recent assessment he has made of the energy companies on levels of domestic energy bills. security situation in Afghanistan; and if he will make a [45590] statement. [45712] David Mundell: The Scotland Office has regular 25. Dr Poulter: To ask the Secretary of State for discussions with Scottish representatives of the energy Defence what recent assessment he has made of the sector on a range of issues including domestic energy security situation in Afghanistan; and if he will make a bills. In December, the Secretary of State spoke to statement. [45720] senior executives of E.ON, EDF, RWE npower, Scottish Gas, Scottish Power and SSE in response to concerns Dr Fox: I refer the hon. Members to the answer I gave about increases in domestic energy bills over the winter earlier today to the hon. Member for Carshalton and period. The Scotland Office has also been working Wallington (Tom Brake). closely with the Department for Energy and Climate Change on the introduction of the Warm Home Discount Military Covenant scheme, which forms part of the Government’s proposals for helping vulnerable customers. 21. Mr Mark Williams: To ask the Secretary of State for Defence what recent discussions he has had on the Military Covenant with veterans’ charities. [45716]

NORTHERN IRELAND Mr Robathan: Officials in the Ministry of Defence hold regular discussions with the Confederation of British Departmental Procurement Service and ex-Service organisations, representing a wide range of charities, and with the Royal British Stephen Barclay: To ask the Secretary of State for Legion and the Soldiers, Sailors, Airmen and Families Northern Ireland how many procurement projects with Association Forces Help. All of these are members of a monetary value greater than (a) £10 million, (b) the External Reference Group which delivers an £50 million and (c) £100 million (i) his Department independent judgment on the Government’s efforts in and (ii) the non-departmental public body for which he supporting the armed forces community. The Covenant is responsible was engaged upon in the latest period for has featured in these discussions. I last discussed the which figures are available. [45573] Covenant with the Royal British Legion on 7 March. 13W Written Answers14 MARCH 2011 Written Answers 14W

Operation Herrick (2) what estimate he has made of the average cost incurred by military amputees for carrying out 22. Ms Bagshawe: To ask the Secretary of State for adaptations to their homes in the latest period for Defence what recent representations he has received on which figures are available. [45118] the provision of equipment for Operation Herrick; and if he will make a statement. [45717] Mr Robathan: The following table provides the number of claims awarded under the Armed Forces and Reserve Peter Luff: Priority continues to be given to the Forces Compensation Scheme (AFCS) within the tariff delivery of capability to our armed forces to support of injury table for amputations for financial year 2009-10. operations in Afghanistan. Our equipment requirements The breakdown is by tariff level at which the amputation are kept under constant review, taking military advice, was awarded (for more than one condition the figure including advice from our Commanders in Afghanistan; includes the condition awarded at the most serious as the Prime Minister and the Secretary of State for tariff level only) and provides the lump sum amounts Defence have made clear on many occasions, this that are currently awarded at each tariff level. Claims Government are determined to make sure that our are awarded under the AFCS based on 15 tariff levels, brave service personnel have all the equipment and with a lump sum attached to each level. For the more protection they need for the absolutely vital work they severe injuries, tariffs one to 11, a further sum is paid in are undertaking in Afghanistan. the form of a guaranteed income payment (GIP), which consists of regular payments to provide a continuous Reserve Forces income stream.

Lump sum Number of claims 24. Mr Gray: To ask the Secretary of State for Tariff level amount (£) awarded in FY 2009-10 Defence by what date he expects his Department’s Reserve Forces study to be completed. [45719] 1 570,000 0 2 402,500 — Mr Robathan: The Future Reserves 2020 Study, 3 230,000 — announced by the Prime Minister on 19 October 2010, 4 172,500 — is to conclude in the summer. 5 115,000 15 6 92,000 5 Conflict Prevention 7 63,825 0 8 48,875 0 Mr Donaldson: To ask the Secretary of State for 9 34,100 0 Defence what steps he is taking to enhance the role of 10 23,100 0 the armed forces in conflict prevention. [45711] 11 13,750 0 12 9,075 — Mr Gerald Howarth: The strategic defence and security 13 5,775 — review commits the armed forces to work closely with 14 2,888 10 other Government Departments to help identify and 15 1,155 0 prevent potential conflicts. This includes co-ordinating Note: non-operational activities such as security sector reform, All figures of five or more have been rounded to the nearest five and training of security forces, joint exercises and strengthening figures fewer than five have been suppressed and marked ‘—’. our relationships with partner nations and international Costs associated with adaptations to the homes of organisations such as NATO, the UN and the EU. The serving amputees are met by the Ministry of Defence. FCO, DFID and MOD are developing the new Building Injured former service personnel in England, Scotland Stability Overseas Strategy which will integrate our and Wales have been granted a higher status than other diplomatic, development and defence resources to promote groups who require adapted housing and they also have regional stability. priority access to affordable housing schemes in the United Kingdom. Compensation payments given to Armed Forces: Redundancies injured personnel are disregarded in England and Wales when assessing the affordability criteria, and for the Karl Turner: To ask the Secretary of State for Disabilities Facilities Grant in all areas of the UK. In Defence what assessment he has made of potential Scotland they take account of the personal financial regional variations in redundancies from the armed circumstances of the injured service person when assessing forces. [45718] affordability.

Mr Robathan: The current armed forces redundancy Armed Forces: Northern Ireland programme is driven by force structure changes, as required by the strategic defence and security review, Mr Donaldson: To ask the Secretary of State for and therefore regional variations are not a consideration. Defence how many service personnel (a) on operational development and (b) in total were garrisoned in Northern Armed Forces: Injuries Ireland in the latest period for which figures are available. [46602] Lorely Burt: To ask the Secretary of State for Defence (1) what the average level of compensation Nick Harvey: As at December 2010, there was a total awarded to military amputees was in the last year for of 3,860 regular service personnel garrisoned in Northern which figures are available; [45117] Ireland (including those on operational deployment). 15W Written Answers14 MARCH 2011 Written Answers 16W

Armed Forces: Redundancy Mr Robathan: Three Army personnel were involved in the investigation, which concluded on 23 February 2011. Mr : To ask the Secretary of State for Defence what estimate he has made of the number of members of the armed forces who will be made compulsorily redundant in each of the next three Simon Kirby: To ask the Secretary of State for years; and if he will make a statement. [46511] Defence if he will bring forward proposals to relocate (a) staff and (b) offices of his Department to Mr Robathan: The strategic defence and security Brighton; and if he will make a statement. [43477] review set out the long term plans for our armed forces and made clear that the future force structure will Mr Robathan: The Ministry of Defence has no plans require fewer people. The combined size of the Royal to move either staff or offices to Brighton. The relocation Navy, the Army and the Royal Air Force will fall by of Department staff outside of London continues to be some 17,000, by 31 March 2015. Some of this reduction considered amongst other options to deliver the savings will be achieved by slowing down recruitment and through set out at the spending review and increase the efficiency natural wastage, and the department has estimated that of the Government’s estate. up to around 11,000 personnel will need to be made redundant. Cybercrime

Mr Jim Murphy: To ask the Secretary of State for Mr Ainsworth: To ask the Secretary of State for Defence pursuant to the oral statement of 15 February Defence what discussions (a) he and (b) Ministers in 2011, Official Report, columns 815-16, on armed forces his Department have had with their (i) EU, (ii) NATO (redundancies), when he expects his Department’s and (iii) UN counterparts on the establishment of investigation into the notification of redundancy by international frameworks to deal with cyber-attacks. email of 38 Army personnel to conclude; and whether [45335] he expects to publish its conclusions. [46084] Nick Harvey [holding answer 10 March 2011]: Action Mr Robathan: The Ministry of Defence fully recognises to enhance our cyber security is a national priority and the distress that this caused the individuals and their we have allotted funding of £650 million over the next families, and I take this opportunity once again to four years as part of the National Cyber Security apologise unreservedly for this error. Programme to address these concerns. Of course, the Government cannot and should not attempt to tackle We do not intend to publish the conclusions of the this issue by itself and we are actively discussing options investigation, which was completed on 23 February for collaboration with both international partners and 2011. This investigation has confirmed that this was the with industry. As the Secretary of State for Foreign and result of a genuine and isolated error which meant that Commonwealth Affairs, the right hon. Member for the normal staffing procedures were not followed. This Richmond (Yorks) (Mr Hague), said to the Munich meant that the 38 individuals affected had not been Security Conference, informed of this decision by the Chain of Command “being global, cyber threats also call for a collective response”. before they received the email from the Army Personnel Centre (APC), which would usually be the case. As a To this end, the Secretary of State and I have had wide result of the investigation, every effort has been made to ranging and productive conversations with our international minimise the risk of this sort of thing happening again. partners throughout NATO, the EU and beyond. These include clearance at APC Branch Colonel level of Over 10 and 11 of March 2011, the Secretary of State all communication that is about or may result in for Defence discussed the NATO Cyber Defence Concept termination. with his ministerial counterparts in Brussels. This will set the parameters for NATO’s future cyber defence Mr Jim Murphy: To ask the Secretary of State for policy. We have already signed a Cyber Defence Defence pursuant to the oral statement of 15 February Memorandum of Understanding with NATO that allows 2011, Official Report, columns 815-16, on armed forces us to share information and hope to sign further bilateral (redundancies), what role (a) he and (b) other Ministers agreements with countries whose capabilities are in his Department is taking in the investigation into the complementary to our own. The FCO and Home Office notification of redundancy by email of 38 Army personnel. will lead on engagements with the EU and UN, with the [46085] Cabinet Office co-ordinating our overall international engagement strategy. Mr Robathan: None. As was previously explained Departmental Billing 15 February 2001, Official Report, columns 817-18, this is properly a matter for the Army Chain of Command. Stewart Hosie: To ask the Secretary of State for Defence what proportion of invoices from suppliers his Mr Jim Murphy: To ask the Secretary of State for Department paid within 10 days of receipt in January Defence pursuant to the oral statement of 15 February and February 2011. [45075] 2011, Official Report, columns 815-16, on armed forces (redundancies), how many of his Department’s staff are Mr Robathan: 10 day payment information currently taking part in the investigation into the circumstances available for the Ministry of Defence (MOD) and its relating to the notification of redundancy by email of Trading Funds, for January and February 2011, is provided 38 Army personnel. [46087] in the following table: 17W Written Answers14 MARCH 2011 Written Answers 18W

Germany: Military Bases Percentage of invoices paid within 10 days of receipt by the Defence Financial Management Mr Jim Murphy: To ask the Secretary of State for Shared Service Centre Defence pursuant to the answer of 31 January 2011, January 2011 98.3 Official Report, column 582W, on returning troop costs February 2011 98.5 (Germany), what assessment he has made of the effects of withdrawal of all forces from Germany by 2020 on Since 1 May 2010 the MOD began measuring (a) operational effectiveness and (b) welfare. [45829] performance against a target of payment within five working days. Data available against the new target is Nick Harvey: The basing of British forces in Germany published on the MOD’s website is largely a legacy of the cold war, when very different geo-strategic considerations prevailed. It now makes http://www.mod.uk/DefenceInternet/AboutDefence/ WhatWeDo/FinanceandProcurement/FMSSC/ operational sense to consolidate British forces within MinistryOfDefencePaymentPerformance.htm the UK. This will enable us to generate capability and prepare for operations without the logistical and and provided in the following table: administrative difficulties presented by a field army split between two countries. Percentage of invoices paid within 5 days of receipt by the Regarding welfare issues, the Army will benefit from Defence Financial Management the rebasing policy in a number of ways: service personnel Shared Service Centre and their families will face less disruption from long-distance January 2011 94.0 relocations; they will be able to utilise the full range of February 2011 94.4 public services provided in the UK, rather than relying on substitute services in Germany; and the Army will be able to provide more consistent support and welfare. Departmental Redundancy The precise nature of these effects will, of course, be contingent on the detail of the rebasing policy, which is Mr Jim Murphy: To ask the Secretary of State for still being prepared. Defence whether an early release programme has been established for civilian personnel to be made redundant Guided Missiles as a result of the outcome of the Strategic Defence and Security Review. [45747] Angus Robertson: To ask the Secretary of State for Defence how many (a) successful and (b) unsuccessful Mr Robathan: An early release scheme was launched firings of the Meteor beyond visual range air-to-air on 28 February with the aim of achieving around 4,000 missile there have been from each aircraft type since voluntary staff exits by 31 March 2012. No decision has 2009. [45007] yet been taken on the requirement for and nature of any paid release programmes after the end of 2011-12. Peter Luff: Meteor is a six-nation collaborative programme involving the UK, France, Germany, Italy, Spain and Sweden. There have been a total of six firings Electronic Warfare involving Gripen and Tornado aircraft since the beginning of 2009.1 am withholding more detailed information Mr Donaldson: To ask the Secretary of State for on the Meteor firing programme on the grounds that its Defence what research his Department has (a) disclosure would be likely to prejudice the capability, commissioned and (b) evaluated on the potential effects effectiveness or security of the UK and partner nations’ of deploying electronic countermeasures in military armed forces and would be likely to prejudice international bases on the health of armed forces personnel deployed relations with the other Meteor partner nations. in those bases. [46603] Puma Helicopters Mr Robathan: All electronic countermeasures equipment is tested to confirm that it is safe to be used by military Mr Carswell: To ask the Secretary of State for personnel. Specifically the Ministry of Defence (MOD) Defence (1) which company was awarded the contract work with the Health Protection Agency Radiological to refit Puma helicopters; and what the monetary value Protection Division to establish restrictions on and of the contract is; [44833] compliance with human exposure to static and time (2) whether the contract to refit Puma helicopters is varying electromagnetic fields and radiation. included in his Department’s review of contracts Specific research has been conducted where certain underway; and if he will make a statement; [44834] safety limits have been exceeded prior to deployment (3) whether his Department considered purchasing and corrective action has been taken to maintain safety new helicopters as an alternative to refitting the Puma compliance. helicopters before awarding the refit contract; [44835] Electronic countermeasures are specifically designed (4) whether his Department has considered to save the lives of military personnel and wider knowledge purchasing new helicopters in place of proceeding with would compromise this capability. For the purposes of the refit of Puma helicopters since letting the refit National security and continued protection of military contract; [44836] personnel on operations in Afghanistan, the MOD does (5) what estimate he has made of the cost of refitting not release specific detail about the nature of electronic a Puma helicopter under the refit contract let in 2009. countermeasures. [44837] 19W Written Answers14 MARCH 2011 Written Answers 20W

Peter Luff: A contract was signed with Eurocopter Civilian contractor Capacity UK in September 2009 for the demonstration and manufacture phases of the Puma Life Extension Christy Aerospace and Training support to Hawk ground school. Programme (LEP). In addition a contract was placed Technology Ltd with Turbomeca for the supply of new Makila engines. The total value of contracts placed in support of the Ocean Flight planning software and support. Puma LEP is £347 million. This includes the one-off costs associated with developing the required modifications ATLAS IT management and maintenance. and undertaking the trials activity necessary to certify the aircraft; the provision of initial support and conversion ESS Support Services Catering and Hotel services. training for aircrew and maintainers; and the cost of modifying each helicopter. Carillion Defence estates regional prime contractor. The contract renegotiation programme in support of the decision taken in the Strategic Defence and Security Review is under way. It is not appropriate to make a Kelda Water Project Aquatrine. statement about individual contracts at this stage. THALES SeaKing synthetic training simulator. In 2009, prior to the award of the current contracts, a detailed review was undertaken of whether the acquisition of new medium helicopters could be advanced in lieu of Compass Leisure services. the planned life-extension of Puma. This review concluded that, within available resources, it would not be feasible Strategic Defence and Security Review to acquire new helicopters without unacceptable risk to operational commitments. Mr Jim Murphy: To ask the Secretary of State for The Strategic Defence and Security Review undertaken Defence what steps his Department has taken to meet in 2010 reviewed the need for Puma and confirmed the its commitment in the strategic defence and security ongoing requirement. As with all programmes this is review to give energy a higher priority in UK foreign subject to the ongoing planning round which is expected policy. [43970] to conclude in spring 2011. Mr Lidington: I have been asked to reply. RAF Valley In line with the strategic defence and security review (SDSR) and the Whitehall International Energy Strategy, Mr Wallace: To ask the Secretary of State for the Foreign and Commonwealth Office (FCO), Department Defence pursuant to the answer to question 44880, for Energy and Climate Change (DECC), and other with which private sector companies his Department Government Departments (including the Ministry of holds contracts for work at RAF Valley. [45444] Defence (MOD)) have raised the level of engagement with those countries identified as priorities for UK Nick Harvey: The following table provides details of energy security. For example, FCO, DECC, and MOD the civilian contractors at RAF Valley. Energy Ministers have all visited Norway since the SDSR; a State visit by the Emir of Qatar took place in Civilian contractor Capacity October 2010; the Deputy Prime Minister visited Kazakhstan in December 2010. More regular ministerial Babcock Defence services) Station Multi Activity Contract (MAC) (support contact has been established with UK-based International Support to Hawk and Advanced Jet Oil Companies to support UK commercial energy interests. Trainer. We are working through the EU, G20 and other Sub-contractor work. international fora to increase price stability and mitigate risks to supply. A new International Energy Forum OCS Babcock Defence sub-contractor (MAC) charter was agreed in February 2011 to enhance producer- consumer dialogue.

BAE Systems Support to Hawk and Advanced Jet The cross-Whitehall International Energy Committee, Trainer. chaired jointly by FCO and DECC, ensures a joined-up Hawk TMkl synthetic training simulator. governmental approach to prioritising energy in UK foreign policy.

Rolls Royce Engines for TMkl Hawk. Mr Jim Murphy: To ask the Secretary of State for Defence how much funding he has allocated to ASCENT Flying Training Services provider. implementing the commitment in the Strategic Defence and Security Review to significantly enhance special Augusta Westland Support to SeaKing. forces capability in each year of the comprehensive spending review period. [45915] FB Heliservices Maintenance and operational support to Search and Rescue Training Unit. Nick Harvey: I refer the right hon. Member to the answer I gave on 24 November 2010, Official Report, Safeskys Bird Control Services. column 317W.The Strategic Defence and Security Review Hawk Ground Training School contract. highlighted the contribution of our special forces to a wide range of intervention operations and the vital support they provide to stabilisation operations and 21W Written Answers14 MARCH 2011 Written Answers 22W other commitments. We are investing in them more to Asylum increase their effectiveness even further. However, no further details will be provided as it is the long-standing Mr Offord: To ask the Secretary of State for the policy of the Ministry of Defence not to comment on Home Department what progress her Department has matters concerning United Kingdom special forces to made in reducing the time taken to determine asylum protect operational capability. applications. [45424] Mr Jim Murphy: To ask the Secretary of State for Damian Green: The average percentage of asylum Defence how much he expects his Department to save claims that have received an initial decision within as a result of the commitment in the Strategic Defence 30 days is 61% for cohorts since May 2010, compared to and Security Review to reductions in the civilian workforce 46% for cohorts in the 12 months before May 2010. The and non-front line service personnel in each year of the average percentage of asylum cases concluded (granted comprehensive spending review period. [45918] or removed) within six months was 53% for cohorts since May 2010, compared to 48% for cohorts in the Mr Robathan: I refer the right hon. Member to the 12 months prior to May 2010. answer given to the hon. Member for Houghton and Both of these indicators form part of a new framework Sunderland South (Bridget Phillipson) on 2 March that measures our progress towards an asylum system 2011, Official Report, column 453W. The Ministry of with swifter case conclusions and no backlogs, delivered Defence announced significant reductions to both civilian at significantly lower cost to the taxpayer. Through the and military personnel as part of the Strategic Defence Asylum Improvement Project we have been testing a and Security Review. Final savings figures on redundancies number of new ideas to improve the speed of the system will depend on detailed implementation of these reductions, including increased use of specialist case owners, tools which will include early release and natural wastage, as to improve the flow of decision making, and a more well as redundancies. Estimates are subject to change structured approach to interviews and decisions. and the MOD is therefore not prepared to release more detailed figures at this time. : To ask the Secretary of State for the Home Department what assessment her Department has made of the likely effect of recent events in countries of North Africa and the Middle East on HOME DEPARTMENT numbers of applications for asylum in the UK. [45952]

Anti-Terrorism Control Orders: Prosecutions Damian Green: The UK Border Agency is closely assessing the risks that recent events in north Africa and Dr Huppert: To ask the Secretary of State for the the middle east may present to asylum intake. So far Home Department how many prosecutions have been there is no indication of a significant change in applications brought against individuals subject to control orders to for asylum made by nationals of affected countries, or from the surrounding areas. Nonetheless the UK Border date; and for which offences. [43276] Agency will continue to monitor the situation to ensure Nick Herbert [holding answer 4 March 2011]: The that it is well placed to manage any emerging risks and Secretary of State reports to Parliament on the exercise respond effectively should the situation change. of her powers under the Prevention of Terrorism Act Black Police Association 2005—and on criminal proceedings for breaches of control orders—on a quarterly basis, and additionally : To ask the Secretary of State for the on an ad hoc basis if required. At 10 December 2010, Home Department what meetings (a) she and (b) the end of the period covered by the most recent such Ministers in her Department have had with representatives report (16 December 2010, Official Report, columns 124- of the (i) Black Police Association, (ii) National Association 25WS), 48 individuals had ever been subject to a control of Muslim Police, (iii) Jewish Police Association and order. Of these, 10 have been charged with breaching (iv) British Association of Women Police since May their control order, two have been convicted; one was 2010. [44159] acquitted; one absconded before trial; one foreign national left the UK voluntarily and charges remain on file; Nick Herbert: I met with the National Association of three cases were discontinued as the Crown Prosecution Muslim Police on 12 January 2011. I also provided a Service concluded it was not in the public interest to video address for the National Black Police Association prosecute; and two are currently awaiting trial. conference held on 12 October 2010. The Secretary of State for the Home Department, my right hon. Friend All of the individuals currently subject to a control the Member for Maidenhead (Mrs May), and other order, and most of those who have ever been subject to Ministers in the Home Office have not met any of these a control order, are also subject to a court-imposed bodies. anonymity order. This prevents the publication of information that would identify, or would tend to identify, Breathalysers an individual as being subject to a control order. Since clarifying any offences (other than breaching their control Philip Davies: To ask the Secretary of State for the order) for which these individuals have been prosecuted— Home Department what proportion of police cars carry together with information already in the public domain roadside breath test equipment; and what estimate has about individuals who have been charged with offences, been made of the (a) cost and (b) time spent transporting including in particular terrorism offences—would tend testing equipment for use by officers who do not have to breach the court imposed anonymity order, it is not such equipment available to them in the latest period for possible to provide this information. which figures are available. [44937] 23W Written Answers14 MARCH 2011 Written Answers 24W

James Brokenshire: The information requested is not mapped to an anonymous point on, or near, the street held centrally. where they occurred, and not normally on streets with fewer than 12 postal addresses. British Overseas Citizenship Police forces are responsible for the accuracy of the data and, where appropriate, will continue to review and update the information provided, taking public Laura Sandys: To ask the Secretary of State for the feedback into consideration. Home Department if she will consider the merits of a selective regularisation scheme for British overseas Crime: Young People citizens who have no access to (a) settlement and (b) citizenship under the immigration rules. [45859] Nick de Bois: To ask the Secretary of State for the Home Department if she will take steps to ensure that Damian Green: British Overseas citizens have access regional variations of youth victimisation are included to be able to apply for settlement. Those who meet the in future statistical reports published by her Department criteria or who can provide evidence of compelling and on the victimisation of children aged 10 to 15 years. compassionate circumstances and/or human rights [45953] considerations are able to qualify for a grant of leave outside of the rules. James Brokenshire: The presentation of data in National Statistics reports published by my Department is a There are provisions under which British Overseas matter for the Home Office chief statistician to decide. I citizens can apply to become British citizens if certain will ask him to write to my hon. Friend and will arrange criteria are met. Information about those provisions is for a copy of his letter to be placed in the House published on the UK Border Agency website. Library. As such, we are not considering a selective regularisation scheme for British Overseas citizens who have not been Departmental Procurement granted settlement, or who cannot qualify for citizenship under the immigration rules. Stephen Barclay: To ask the Secretary of State for the Home Department which procurement projects engaged upon by (a) her Department and (b) each non- Laura Sandys: To ask the Secretary of State for the departmental public body and agency for which she is Home Department what estimate she has made of the responsible had a designated senior responsible owner number of British overseas citizens who have no avenue in the latest period for which figures are available; and to full British citizenship or settlement under the on what date each officer was appointed in each such immigration rules; and how many such British overseas case. [45568] citizens come from each country of origin. [45860] Damian Green: The Home Office requires that all Damian Green: We are unable to estimate how many programmes and projects are owned by a senior responsible British Overseas citizens (BOCs) fit into this category. owner. Details of their appointment dates are not held To determine which BOCs do not have a route to centrally. settlement or citizenship would require looking at individual cases and so would therefore be at disproportionate cost. Departmental Regulation

Crime: Maps Gordon Banks: To ask the Secretary of State for the Home Department what regulations her Department repealed between 3 February and 28 February 2011. Richard Fuller: To ask the Secretary of State for the [45981] Home Department whether she has made an estimate of the number of inaccurately located crimes on the Damian Green: The information requested is shown crime mapping website. [45637] in the following table. The following statutory instruments in the form of Nick Herbert: For privacy reasons, and in order to regulations were revoked by the Department between 3 protect the identity of victims, crimes or incidents of February and 28 February 2011. None of the revocations antisocial behaviour shown on the police.uk website are are yet in force.

(1) Regulations revoked (2) References (3) Extent of revocation (4) Revoking instrument

The Misuse of Drugs (Amendment) (England, Wales and Scotland) S.I. 2010/1144 Regulation 3(a) S.I. 2011/448 Regulations 2010 The Misuse of Drugs (Amendment) (England, Wales and Scotland) S.I. 2009/3136 Regulation 3 S.I. 2011/448 Regulations 2009 The Immigration (European Economic Area) Regulations 2006 S.I. 2006/1003 Paragraph 7 of Schedule 5 S.I. 2011/544 The Accession (Immigration and Worker Authorisation) S.I. 2006/3317 Paragraph 1 of Schedule 2 S.I. 2011/544 Regulations 2006 The Accession (Immigration and Worker Authorisation) S.I. 2007/475 Regulation 3 S.I. 2011/544 (Amendment) Regulations 2007 The Accession (Immigration and Worker Registration) S.I. 2007/928 The whole Regulations S.I. 2011/544 (Amendment) Regulations 2007 25W Written Answers14 MARCH 2011 Written Answers 26W

(1) Regulations revoked (2) References (3) Extent of revocation (4) Revoking instrument

The Accession (Worker Authorisation and Worker Registration) S.I. 2007/3012 Regulation 3 S.I. 2011/544 (Amendment) Regulations 2007 The Accession (Immigration and Worker Registration) S.I. 2009/892 The whole Regulations S.I. 2011/544 (Amendment) Regulations 2009 The Accession (Worker Authorisation and Worker Registration) S.I. 2009/2426 Regulation 3 S.I. 2011/544 (Amendment) Regulations 2009

Detention Centres: Children The ACPO/National Policing Improvement Agency (NPIA) project team continue to work closely with Mr Jim Cunningham: To ask the Secretary of State Dyfed-Powys police to find a solution within NPAS for the Home Department how many children were that meet the needs of the force. detained in immigration removal centres in (a) 2009 and (b) 2010. [44815] Homicide

Damian Green: The requested information is not Chris Ruane: To ask the Secretary of State for the available. Published figures show that 1,120 children Home Department what assessment she has made of entered detention solely under Immigration Act powers the position of the UK in international comparator in 2009 and 405 in 2010; however, some of these children tables on rates of homicide. [44600] may have entered detention more than once. The Home Office publishes statistics on children James Brokenshire: A number of international entering detention, solely under Immigration Act powers organisations, including Eurostat, have attempted to on a quarterly and annual basis, which are available collate international homicide statistics. It is important from the Library of the House and from the Home to note that there are issues surrounding the comparability Office’s Research, Development and Statistics website at: of international homicide data. There are different www.homeoffice.gov.uk/rds/immigration-asylum-stats.html definitions of homicide between countries, although On 16 December 2010, the Government announced definitions vary less than for some other types of crimes. the immediate closure of the family unit to children at Furthermore, there are differing points in criminal justice the Yarl’s Wood immigration removal centre. A new systems at which homicides are recorded, i.e. when the non-detained family returns process was also announced offence is discovered or following further investigation. to deliver the coalition commitment to end the detention The most recent Eurostat figures compare homicide of children for immigration purposes. rates averaged over the years 2006 to 2008. These are A fresh approach to managing family returns is being published in ‘Crime and Criminal Justice’ by Cynthia developed which places greater emphasis on engagement Tavares and Geoffrey Thomas and are available via the with families and aims to encourage families to leave following link: without the need for enforcement action if they are http://www.eds-destatis.de/en/downloads/sif/sf_10_058.pdf found to have no legal right to be in the UK. The rates for the 15 countries that were members of Most elements of this new process went live across the European Union prior to the accession of 10 candidate the UK on 1 March, including the setting up of a new countries on 1 May 2004 are shown in Table A, per independent Family Returns Panel to advise the UK million population. The Eurostat published rate for Border Agency on how to ensure the return of those England and Wales is 13.5, for Scotland is 21.4 and for families who do not take up the opportunities to leave Northern Ireland is 15.2. Eurostat calculated the England under their own steam. A range of options has been and Wales rate using the recorded crime returns rather developed to provide sufficient flexibility for a tailored than the Homicide Index. If the Homicide Index had approach to each family. been used, the figure would be slightly lower. Dyfed-Powys Police: Helicopters Among the countries that joined the EU on or after May 2004, rates for eastern European countries tend to be higher, rising to 87.6 in Lithuania and 66.0 in Estonia, Glyn Davies: To ask the Secretary of State for the though the rate for Poland is 12.9, which is lower than Home Department what recent assessment she has made that for England and Wales. of the effectiveness of Dyfed Powys Police Authority’s Air Support Service. [45963] The Federal Bureau of Investigation commented on homicide rates in the USA in their publication ‘Crime Nick Herbert: The Government recognise the challenges in the United States, 2008’. They stated that, although that are faced by Dyfed-Powys police in covering a large the rate of murder and non-negligent manslaughter in geographical area with a single helicopter but also the USA has fallen substantially in recent years, to 56 recognises the need to provide value for money for the per million population in 2008, it is still well above taxpayer. The introduction of a National Police Air those experienced in western Europe. Service (NPAS) from 1 April 2012 will provide a mixed Another key source for international homicide data is fleet of rotary and fixed-wing aircraft that will operate the United Nations Office on Drugs and Crime (UNODC). across borders. The Association of Chief Police Officers UNODC statistics currently cover over 198 countries or (ACPO) believes that the replacement of the Dyfed-Powys territories. The data are drawn from various different helicopter with a fixed-wing aircraft is a more effective datasets. The UK are included in the table of homicide solution giving eight hours more coverage and greater rates based on criminal justice sources and are ranked resilience across the whole of Wales. below the median for all countries which provided these 27W Written Answers14 MARCH 2011 Written Answers 28W data. However, for the reasons stated earlier, caution Home Affairs. The Home Office will continue to publish should be taken when making such comparisons. The data on police officer numbers and crime levels in each UNODC data are available at the following link: police force. http://www.unodc.org/unodc/en/data-and-analysis/ homicide.html Northumbria Police: Stun Guns Table A Homicide rate per million population for 15 European Union countries (ranked in order high to low) Chi Onwurah: To ask the Secretary of State for the Country Rate Home Department on how many occasions a stun gun was (a) deployed and (b) fired by officers of Northumbria Finland 23.4 police in each of the last three years. [46539] UK: Scotland 21.4 Ireland 20.0 Nick Herbert: The last published figures show that Belgium 19.7 Taser was used by Northumbria police 884 times between Luxembourg 16.1 April 2004 and 30 September 2009. It was discharged UK: Northern Ireland 15.2 152 times over the same period. Portugal 14.6 Previously published figures on the use of Taser can France 13.7 be found on the archived Home Office website at: UK: England and Wales1 13.5 http://tna.europarchive.org/20100419081706/http:// Denmark 12.2 www.police.homeoffice.gov.uk/operational-policing/firearms/ Italy 11.3 taser/index.html Sweden 10.6 Official Cars: Prime Minister Greece 10.4 Netherlands 10.2 Mr Gregory Campbell: To ask the Secretary of State Spain 10.2 for the Home Department what the cost to the public Germany 8.4 purse was of the (a) purchase, (b) adaptation, (c) Austria 6.1 delivery and (d) other associated costs of the Jaguar 1 Eurostat calculated this figure using the recorded crime returns, not XJ Sentinel vehicle for the use of the Prime Minister. the Homicide Index. If the Homicide Index had been used, the [44474] figure would be slightly lower. Nick Herbert [holding answer 7 March 2011]: It is Immigration Controls our policy not to provide detailed information on the cost of security to protected individuals. To do so Nicola Blackwood: To ask the Secretary of State for would compromise the integrity of the security the Home Department when she expects to publish arrangements of the individuals concerned. new guidelines for immigration judges; and if she will Police make a statement. [46035] Vernon Coaker: To ask the Secretary of State for the Damian Green: Immigration judges are independent Home Department what progress she has made in judicial office holders and the UK Border Agency does introducing new charging arrangements for police forces; not issue guidance to them. and if she will make a statement. [45125]

Members: Correspondence Nick Herbert: We are returning charging decisions to the police for a range of offences, saving valuable police time. We are discussing with the Crown Prosecution Sir Gerald Kaufman: To ask the Secretary of State for Service and Association of Chief Police Officers the the Home Department when she plans to reply to the possibility of returning additional offences to the police letter sent by the right hon. Member for Manchester, through a second phase of charging transfers. Gorton on 14 January 2011 with regard to Mr Y Ashraf. [44172] Police: Bureaucracy

Damian Green [holding answer 4 March 2011]: I refer Bob Stewart: To ask the Secretary of State for the the right hon. Member to the reply given by the Secretary Home Department if she will take steps to reduce the of State for Foreign and Commonwealth Affairs, my level of paperwork required of police officers dealing right hon. Friend the Member for Richmond (Yorks) with suspected domestic violence incidents. [45402] (Mr Hague), on 28 February 2011. Nick Herbert: The Government are committed to reducing unnecessary bureaucracy in policing while ensuring Northumbria Police: Manpower that the right safeguards are in place for victims of domestic violence. This is an area that requires effective Chi Onwurah: To ask the Secretary of State for the risk-management and therefore needs careful consideration Home Department if she will assess the potential of the potential impact any changes may have on vulnerable effects of a reduction in the number of police officers victims of domestic violence. employed by Northumbria police on the level of crime in the Northumbria police force area. [46538] Mr Offord: To ask the Secretary of State for the Home Department what assessment she has made of Nick Herbert: There is no simple link between levels the likely effect on the administrative burden on police of crime and the number of police officers. This view is forces of changes to the Code of Practice A under the supported by a report from the Select Committee on Police and Criminal Evidence Act 1984. [45422] 29W Written Answers14 MARCH 2011 Written Answers 30W

Nick Herbert: The recent changes made to the Police duties in (i) South Yorkshire and (ii) Doncaster on (A) and Criminal Evidence Act 1984 Codes of Practice A, 1 May 1997, (B) 1 May 2009, (C) 1 May 2010 and (D) B and D are focused on reducing bureaucracy in police the most recent date for which figures are available. forces and allowing them to make decisions at a local [44530] level that directly affect their communities. The administrative savings made by the new procedures will significantly outweigh any transitional burden on forces. Nick Herbert: The available data are provided in the table, which shows the number of police officers and Police: Yorkshire and the Humber police community support officers in post in South Yorkshire and Doncaster as at 31 March 1997, 2009, : To ask the Secretary of State for the 2010 and as at 30 September 2010. Figures are not Home Department how many (a) police officers and collected as at 1 May, the closest figures are as at 31 (b) police community support officers were assigned to March.

Police officer and police community support officer strength for South Yorkshire and Doncaster1,2 Police officers Police community support officers South Yorkshire Doncaster South Yorkshire Doncaster

1996-97 3,159 3n/a 4n/a 4n/a 2008-09 3,053 502 328 74 2009-10 2,953 478 328 74 30 September 2010 2,977 5n/a 314 5n/a 1 This table contains full-time equivalent figures that have been rounded to the nearest whole number. 2 Figures for 2008-09, 2009-10 and 30 September 2010 include staff on career breaks, maternity/paternity leave (not comparable with figures prior to 2003); however the figure for 1996-97 excludes staff on career breaks, maternity/paternity leave (is comparable with figures prior to 2003). 3 Figures for police officers broken down by Basic Command Unit were not collected before 2003. 4 Police community support officers did not exist prior to 2002. 5 Police service strength is not broken down by Basic Command Unit in 30 September 2010 as these data are only collected for 31 March.

Third Sector Visas: Students

Graeme Morrice: To ask the Secretary of State for the Chris Ruane: To ask the Secretary of State for the Home Department what impact assessment she has Home Department whether (a) she and (b) Ministers carried out to determine the effects on the (a) education in her Department are participating in volunteering sector and (b) economy of her proposals to cap non-EU activities as part of her Department’s involvement in Students in (i) England, (ii) Scotland, (iii) Wales and the Big Society initiative. [42663] (iv) Northern Ireland. [45634]

Damian Green: Home Office Ministers are actively Damian Green: A consultation on the student involved with charities on a private basis as detailed in immigration system closed on 31 January 2011. The the list of Ministers’ interests recently published by the consultation sought the views of all respondents on the Cabinet Office, as well as our involvement in other local effect of the proposals. The results of the consultation voluntary activities in our constituencies. and an impact assessment will be published in due course.

Vetting PRIME MINISTER Diana Johnson: To ask the Secretary of State for the Home Department what proportion of individuals and Chequers barred under the Vetting and Barring scheme also have a criminal record for sex offences. [44964] Mr Watson: To ask the Prime Minister pursuant to the answer of 7 March 2011, Official Report, column 740W, on Chequers: official visits, how many days he has spent Lynne Featherstone: A total of 15,559 individuals at (a) Downing street and (b) Chequers since his have been barred through the Independent Safeguarding appointment. [46194] Authority’s (ISA) autobar and discretionary powers between 20 January 2009 and 28 February 2011; of The Prime Minister: I have nothing further to add to these 69.1% (10,753 people) have a criminal record for the answer I gave on 7 March 2011, Official Report, one or more sexual offences. column 740W. However, criminal records data are not readily available for all discretionary bars. In addition, this figure excludes Anti-Semitism any barring decisions made on those people who were included on the previous barred lists and whom the ISA Mr Amess: To ask the Prime Minister what recent has “determined” under the Safeguarding Vulnerable meetings he has had with the Board of Deputies of Groups Act 2006 (Transitory Provisions) Order 2009 on levels of anti-Semitism; and if he will should be placed on the ISA barred lists. make a statement. [45485] 31W Written Answers14 MARCH 2011 Written Answers 32W

The Prime Minister: The Government are concerned Departmental Official Visits with any anti-Semitic act and it presses for prosecutions. Mr : To ask the Prime Minister (1) Chequers on what date his Office finalised the list of individuals to accompany him on his recent visit to the middle east; Mr Watson: To ask the Prime Minister (1) what the [45374] roles and responsibilities are of each member of (2) on what date his recent visit to the middle east civilian staff employed at Chequers; [45831] was first proposed; [45376] (2) how much has been spent on refurbishment at (3) what the name is of each person not employed by Chequers since his appointment. [45832] a Government Department who accompanied him on his recent visit to the middle east. [45412] The Prime Minister: This information is not a matter for the Government. Chequers is administered by Angus Robertson: To ask the Prime Minister (1) what independent trustees who receive an annual grant from meetings he had during his recent visit to the Gulf the Cabinet Office towards its maintenance and to region to discuss defence equipment sales; [45624] cover civilian staff employed at Chequers in accordance (2) which representatives from defence industries with the Acts. accompanied him on his recent visit to the Gulf region; The grant for the financial year 2010-11 was agreed [45625] under the previous administration. Information will be (3) which (a) special advisers and (b) officials included in the annual Cabinet Office Report and Accounts, accompanied him on his recent visit to the Gulf region; which will be published before the summer recess. [45626] Mr Watson: To ask the Prime Minister what the cost (4) what consideration he gave to postponing his to the public purse has been of the purchase of (a) red recent visit to the Gulf region in light of unrest in wine, (b) white wine, (c) champagne and (d) fortified Egypt and Libya. [45627] wine for use at Chequers since his appointment; on how many occasions each has been served; and if he The Prime Minister: As set out in the Ministerial Code, details of all my overseas travel is published at will make a statement. [45833] least quarterly. This was a long-standing visit to the The Prime Minister: Details of the cost of entertainment middle east with the aims of encouraging political and hospitality in Downing street and Chequers are reform, boosting trade and strengthening security ties. published annually. The visit comprised a varied programme to meet these three aims including meeting leaders and representatives of the business community. I have placed in the Libraries Chequers: Operating Costs of both Houses a list of the business delegation who accompanied me. Mr Watson: To ask the Prime Minister what estimate he has made of the likely cost to the public purse of the E-petition System annual grant from the Cabinet Office for the operation of Chequers for each category of cost in 2011-12. Bob Stewart: To ask the Prime Minister what [46369] progress he has made on the implementation of the new e-petition system on the 10 Downing street The Prime Minister: Chequers is administered by website. [45509] independent trustees who receive an annual grant from the Cabinet Office towards its maintenance and to The Prime Minister: I refer the hon. Member to the cover civilian staff employed at Chequers in accordance notice on the No. 10 website about e-petitions: with the Acts. http://petitions.number10.gov.uk/ Information about the grant for 2011-12 will be included in the annual Cabinet Office report and accounts which Libya will be published at the end of the financial year. Mr Watson: To ask the Prime Minister (1) when he Community Security Trust Annual Dinner was informed of the intention to send a diplomatic mission to eastern Libya; [45935] Mr Amess: To ask the Prime Minister if he will place (2) on what date he received the submission outlining in the Library a copy of his speech to the Community the intention of the Secretary of State for Foreign and Security Trust Annual Dinner; which Members of the Commonwealth Affairs to send a diplomatic mission Government also attended the dinner; and if he will to eastern Libya. [46371] make a statement. [45507] The Prime Minister: I refer the hon. Member to the The Prime Minister: A copy of the speech has been answer I gave on 9 March 2011, Official Report, column 900. placed in the Libraries of the House. For information of which Members of the Government also attended the Save the Children Fund dinner I refer my hon. Friend to the quarterly list of Ministers’ hospitality which can be found on the Number Mr Spellar: To ask the Prime Minister what meetings 10 website: he has had with representatives of Save the Children http://transparency.number10.gov.uk/who.php since May 2010. [45127] 33W Written Answers14 MARCH 2011 Written Answers 34W

The Prime Minister: I met campaigners for Save the Prisoners: Voting Rights Children in August 2010 in my constituency. My Office has also had several meetings with Save the Children : To ask the Deputy Prime Minister (1) since May 2010. whether he plans to allow ballot boxes to be taken into prisons in order to enable franchised prisoners to vote in elections; [40238] DEPUTY PRIME MINISTER (2) whether his proposals for the enfranchisement of certain prisoners requires primary legislation; [40192] Alternative Vote: Referendums (3) what provision for voting will be made for prisoners Sir Alan Beith: To ask the Deputy Prime Minister detained in mental health establishments; [39900] whether electors registered for a permanent postal vote (4) whether prisoners without a residential address are automatically to be issued with postal ballot papers or a local area with which they have a connection will for the referendum on the use of the alternative vote for be able to register the prison as their eligible address for elections to the House of Commons. [46310] the purpose of voting; [40137] (5) what his policy is on extending the franchise to Mr Harper: Any elector who has a postal vote at UK prisoners found guilty of electoral fraud; [39897] parliamentary elections, whether permanent or for a fixed period covering the referendum, will automatically (6) whether primary legislation to enfranchise be issued with a postal vote for the referendum. In prisoners will be subject to pre-legislative scrutiny; addition, a person who is entitled to vote by post in one [40136] or more of the polls combined with the referendum on (7) what steps the Government is taking to ensure 5 May (including the elections to the devolved legislatures) that people convicted of serious offences but who are will automatically be issued with a postal vote for the serving a short sentence are not enfranchised; [40138] referendum if they are entitled to vote in it. Individuals (8) whether prisoners denied the right to vote by a will also be able to specifically apply for a postal vote sentencing judge will have a right to appeal; [40135] for the referendum. (9) whether candidates for elections in which Departmental Written Questions prisoners are to have the right to vote will be permitted to canvass prisoners in prisons; [40239] Thomas Docherty: To ask the Deputy Prime Minister (10) what his policy is on the enfranchisement of what proportion of written questions tabled to him for prisoners when they become eligible for parole; [41335] answer on a named day between 27 May 2010 and (11) when he plans to publish legislative proposals in 9 March 2011 did not receive a substantive answer on respect of enfranchisement of certain prisoners. [40193] the day named for answer. [46565] The Deputy Prime Minister: Between 27 May 2010 Mr Harper: The Government are considering the and 9 March 2011, 86 questions for answer on a named next steps on prisoner voting rights in view of the day were tabled to the Deputy Prime Minister, 59 of strength of feeling on this issue in the UK, as demonstrated which received a substantive answer on the specified by the recent debates in Parliament. The Government date. have sought to refer the Greens and MT judgment against the UK to the Grand Chamber of the European Prisoners: Sentencing Court of Human Rights. If the Grand Chamber agrees to the referral they will look again at the case and issue Mr Hollobone: To ask the Deputy Prime Minister for their own judgment. what reason he has determined that a four year The Government will set out their intended approach sentence limit is appropriate for the enfranchisement of in due course. prisoners. [34015] Mr Harper: As I indicated in my written ministerial Mr Bain: To ask the Deputy Prime Minister how statement on 20 December 2010, Official Report, columns many prisoners in Scotland he estimates will receive the 150-151WS: right to vote in parliamentary elections as a consequence of his plans to extend the franchise to those serving “Four years has in the past been regarded as the distinction custodial sentences of up to four years. [33361] between short and long-term prisoners, and the Government consider that permitting prisoners sentenced to less than four years’ imprisonment to vote is sufficient to comply with the Mr Harper: The Government are considering the judgment.” next steps on prisoner voting rights in view of the The four year distinction historically has its statutory strength of feeling on this issue in the UK, as demonstrated basis in the Criminal Justice Act 1991, and is still by the recent debates in Parliament. The Government recognised in law as a dividing line in Scotland. More have sought to refer the Greens and MT judgment generally, the Government are considering the next against the UK to the Grand Chamber of the European steps on prisoner voting rights in view of the strength of Court of Human Rights. If the court agrees to the feeling on this issue in the UK, as demonstrated by the referral they will look again at the case and issue their recent debates in Parliament. The Government have own judgment. sought to refer the Greens and MT judgment against the UK to the Grand Chamber of the European Court Sadiq Khan: To ask the Deputy Prime Minister how of Human Rights. If the Grand Chamber agrees to the many cases in relation to UK prisoner voting are referral they will look again at the case and issue their pending before the European Court of Human Rights. own judgment. [39899] 35W Written Answers14 MARCH 2011 Written Answers 36W

Mr Harper: I understand that as at the beginning of Thomas Docherty: To ask the Deputy Prime Minister February 2011 the European Court of Human Rights pursuant to the answer of 29 November 2010, Official has received approximately 3,500 claims from UK prisoners Report, column 497W, on prisoners: voting rights, what unable to vote in elections. It has suspended consideration representations he has received from Scottish Ministers of those claims pending the Government’s implementation on the implementation of prisoners’ voting rights; and of the Hirst and Greens and MT judgments. if he will publish each item of correspondence between More generally, the Government are considering the him and Scottish Ministers on the issue. [34495] next steps on prisoner voting rights in view of the strength of feeling on this issue in the UK, as demonstrated Mr Harper [holding answer 18 January 2011]: Neither by the recent debates in Parliament. The Government I nor the Deputy Prime Minister have received any have sought to refer the Greens and MT judgment representations from Scottish Ministers in relation to against the UK to the Grand Chamber of the European prisoners voting rights. Court of Human Rights. If the Grand Chamber agrees to the referral they will look again at the case and issue David T. C. Davies: To ask the Deputy Prime their own judgment. Minister what legal advice he has received on the compatibility with judgements of the European Court Mr : To ask the Deputy Prime Minister of Human Rights on the introduction of a prohibition pursuant to the written ministerial statement of 20 on the enfranchisement of prisoners sentenced to terms December 2010, Official Report, columns 150-52WS, of over one year. [38807] on voting entitlement (1) what the evidential basis was for the distinction made between serious and other Mr Harper: The Government do not disclose their offences for the purposes of sentencing in respect of legal advice. Disclosure of legal advice has a high proposals to allow convicted prisoners the right to vote; potential to prejudice the Government’s ability to defend their legal interests—both directly, by unfairly exposing and if he will make a statement; [33192] their legal position to challenge, and indirectly by (2) what assessment he made of the merits of setting diminishing the reliance it can place on the advice a sentence guideline lower than four years in respect of having been fully considered and presented without fear proposals to allow convicted prisoners to vote; and if or favour. Neither of these is in the public interest. he will make a statement. [33193] Sadiq Khan: To ask the Deputy Prime Minister if he Mr Harper: As I indicated in my written ministerial will publish the legal advice which informed the statement on 20 December 2010, Official Report, Government’s decision on which prisoners to enfranchise. columns 150-52WS, [40185] “Four years has in the past been regarded as the distinction between short and long-term prisoners, and the Government Mr Harper [holding answer 11 February 2011]: The consider that permitting prisoners sentenced to less than four Government do not disclose their legal advice. Disclosure years’ imprisonment to vote is sufficient to comply with the of legal advice has a high potential to prejudice the judgment.” Government’s ability to defend its legal interests—both The four-year distinction historically has its statutory directly, by unfairly exposing their legal position to basis in the Criminal Justice Act 1991, and is still challenge, and indirectly by diminishing the reliance recognised in law as a dividing line in Scotland. More they can place on the advice having been fully considered generally, the Government are considering the next and presented without fear or favour. Neither of these steps on prisoner voting rights in view of the strength of is in the public interest. feeling on this issue in the UK, as demonstrated by the recent debates in Parliament. The Government have : To ask the Deputy Prime Minister what sought to refer the Greens and MT judgment against (a) recent discussions he has had and (b) legal advice the UK to the Grand Chamber of the European Court he has received on the extension of the franchise to of Human Rights. If the Grand Chamber agrees to the prisoners. [40256] referral, they will look again at the case and issue their own judgment. Mr Harper [holding answer 11 February 2011]: The Government do not disclose their legal advice. Disclosure Helen Jones: To ask the Deputy Prime Minister how of legal advice has a high potential to prejudice the many prisoners in (a) the North West and (b) Government’s ability to defend its legal interests—both Warrington he expects to receive the right to vote in directly, by unfairly exposing its legal position to challenge, Parliamentary elections as a result of his plans to and indirectly by diminishing the reliance it can place extend the franchise to those serving terms of up to on the advice having been fully considered and presented four years. [34040] without fear or favour. Neither of these is in the public interest. Mr Harper: The Government are considering the next steps on prisoner voting rights in view of the Sadiq Khan: To ask the Deputy Prime Minister strength of feeling on this issue in the UK, as demonstrated whether any cases in relation to prisoners’ voting rights by the recent debates in Parliament. The Government are pending before domestic courts. [41337] have sought to refer the Greens and MT judgment against the UK to the Grand Chamber of the European Mr Harper [holding answer 16 February 2011]: Around Court of Human Rights. If the Court agrees to the 585 prisoners made a claim in the domestic courts for referral they will look again at the case and issue their compensation and/or a declaration that their rights own judgment. were infringed for the fact that they were denied the 37W Written Answers14 MARCH 2011 Written Answers 38W right to vote. The court struck out those cases on the The UK is a strong supporter of the Climate Investment basis that damages cannot be awarded in the domestic Funds (CIFs) which work through the World Bank and courts under the Human Rights Act for a failure to other development banks to finance renewable energy, introduce compatible legislation. The judgment was energy efficiency and sustainable transport in developing published on 18 February. countries as well as forestry and adaptation to climate change. Current commitments under the Clean Technology Public Bills Fund (CTF), the largest of the CIFs, amount to $3.1 billion for over 12 gigawatts of new renewable energy capacity, : To ask the Deputy Prime Minister sufficient to provide power to almost 16 million households. (1) what discussions he has had with the Procedure We also provide core funding to the World Bank’s Committee on (a) the introduction of a public reading Energy Sector Management Assistance Program, which stage for Bills and (b) a public reading day within a helps countries develop roadmaps for renewable energy Bills committee stage; [41660] deployment and better understand the costs and benefits (2) what discussions he has had with the Liaison of renewables when compared to fossil fuels. Committee on (a) the introduction of a public reading stage for Bills and (b) a public reading day within a Bills committee stage; [41661] Departmental Procurement (3) what discussions he has had with the Backbench Business Committee on (a) the introduction of a Stephen Barclay: To ask the Secretary of State for public reading stage for Bills and (b) a public reading International Development how many procurement projects day within a Bills committee stage; [41662] with a monetary value greater than (a) £10 million, (b) (4) what discussions he has had with the committee £50 million and (c) £100 million (i) his Department and of the House of Lords on (a) the introduction of a (ii) each non-departmental public body for which he is public reading stage for Bills and (b) a public reading responsible was engaged upon in the latest period for day within a Bills committee stage. [41663] which figures are available. [45569]

The Deputy Prime Minister: The Leader of the House Mr Duncan: In 2009-10 the Department for International of Commons has regular discussions, including with Development (DFID) awarded a total of 16 contracts those representing the relevant committees. The Leader for procurement projects with a value greater than of the House of Commons will have further discussions £10 million. Only one of these contracts had a value with colleagues within Government and both Houses greater than £50 million and none had a value greater on the development of the public reading stage of Bills than £100 million. following the pilot of the public reading stage of the Protection of Freedoms Bill. Stephen Barclay: To ask the Secretary of State for Natascha Engel: To ask the Deputy Prime Minister International Development which procurement projects how much has been spent on (a) introducing the engaged upon by (a) his Department and (b) each public reading stage for Bills and (b) introducing a non-departmental public body for which he is responsible public reading day within a Bills committee stage to had a designated senior responsible owner in the latest date. [41665] period for which figures are available; and on what date each officer was appointed in each such case. [45570] The Deputy Prime Minister: No separately identifiable costs for the pilot have yet been established, although Mr Duncan: The Department for International they are likely to be restricted to the establishment of Development (DFID) has a designated senior responsible the dedicated website. The Leader of the House of owner (SRO) in place for all programmes to ensure they Commons will consider costs as part of his evaluation meet objectives and deliver the projected benefits. of the pilot. Heads of DFID country offices and business units assume responsibility for the role of SRO for programmes in their country or business area on taking up their INTERNATIONAL DEVELOPMENT position. To provide specific dates of all changes in Renewable Energy SRO on this basis would incur disproportionate cost.

Christopher Pincher: To ask the Secretary of State for International Development what steps he plans to take Pakistan: Floods together with the World Bank to support the development of renewable energy projects in the developing world. Pauline Latham: To ask the Secretary of State for [45610] International Development what recent assessment he Mr Andrew Mitchell: World Bank Group lending to has made of the outcome of his Department’s funding renewable energy projects (excluding large hydropower) for humanitarian work in Pakistan following the floods has been steadily increasing, and reached $1.4 billion in in that country. [46010] 2009 and $1.5 billion in 2010. However, I believe all the multilateral development banks, including the World Mr Andrew Mitchell: As of 31 January 2011, the Bank, should be doing even more to support a shift to Department for International Development’s (DFID’s) climate-smart investment and lending. I will be raising funding for the response to the Pakistan floods has this when I visit the bank in April. delivered the following results: 39W Written Answers14 MARCH 2011 Written Answers 40W

Sector Indicator Results achieved (people)

Water People provided with safe drinking water 2,145,000 Sanitation People provided with access to latrines and/or washing areas 32.3,000 Hygiene People receiving kits and participating in awareness sessions 1,739,000 Health People able to access basic health care 603,000 Nutrition Women and children receiving supplementary or therapeutic feeding for malnutrition 754,000 Food People receiving food for one month 521,000 Non-food items People receiving emergency packages of goods 1,252,000 Shelter People provided with emergency shelter and support to rebuild their homes 1,133,000 Agriculture People provided with seeds and fertilisers 270,000 Agriculture People provided with fodder for their livestock 276,000

United Nations Environment Programme United Nations: Expenditure

Stephen McPartland: To ask the Secretary of State for International Development how much funding he Stephen McPartland: To ask the Secretary of State plans to provide to the United Nations Environment for International Development how much his Department Programme in 2011-12. [45435] allocated to each UN agency and programme in (a) 2010 and (b) 2011. [45436] Mr Duncan: The Department for International Development (DFID) intends to provide £1.5 million in core funding to the United Nations Environment Mr Duncan: It is not yet possible to provide a full Programme in 2011/12. This is additional to the UK’s estimate of funding for UN organisations in 2010/11. In voluntary contribution to the United Nations Environment 2009/10, the latest year for which information is available, Programme handled by the Department for Environment, the Department for International Development (DFID) Food and Rural Affairs (DEFRA), which has been provided the following core and non-core funding to £4.2 million per annum. UN organisations:

£ million 2009/10 UN Organisation Core Non core

Convention to Combat Desertification 0.9 — Economic Commission for Latin America and the Caribbean — 0.4 Food and Agricultural Organisation (FAO) 10.0 8.2 International Fund for Agricultural Development (IFAD) — 1.9 International Labour Organisation (ILO) 4.1 1.4 International Organisation for Migration (IOM) 0.9 6.5 Joint United Nations Programme on HIV/AIDS (UNAIDS) 11.0 1.2 United Nations Children’s Fund (UNICEF) 21.0 113.9 United Nations Conference on Trade and Development (UNCTAD) — 0.1 United Nations Development Fund for Women (UNIFEM) 3.0 0.8 United Nations Development Programme (UNDP) 57.8 215.1 United Nations Educational, Scientific and Cultural Organisation (UNESCO) 10.0 1.0 United Nations Environment Programme (UNEP) 1.5 10.7 United Nations Office of the High Commissioner for Human Rights (UN OHCHR) 2.5 — United Nations Human Settlement Programme (UN HABITAT) 2.0 2.1 United Nations Industrial Development Organisation (UNIDO) 4.9 — United Nations Mine Action Service — 1.1 United Nations Office of Co-ordination of Humanitarian Affairs (UN OCHA) 7.0 74.9 United Nations Office of the United Nations High Commissioner for Refugees (UNHCR) 19.0 14.6 United Nations Office on Drugs and Crime (UNODC) — 0.4 United Nations Peacebuilding Fund — 0.1 United Nations Population Fund (UNFPA) 22.1 24.4 United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) 24.9 2.0 United Nations Research Institute for Social Development — 0.7 World Food Programme (WFP) — 74.8 World Health Organisation (WHO) 14.6 65.5 41W Written Answers14 MARCH 2011 Written Answers 42W

The Multilateral Aid Review is complete, but DFID UN organisations. DFID has informed UN organisations has not yet taken funding decisions for 2011/12 for all of the following funding intentions:

2011/12 UN Organisation Core (£ millions)

International Fund for Agricultural Development (FAD) 13.7 International Organisation for Migration (IOM) 0.9 Joint United Nations Programme on HIV/AIDS (UNAIDS) 10.0 United Nations Children’s Fund (UNICEF) 44.0 United Nations Development Programme (UNDP) 55.0 United Nations Educational, Scientific and Cultural Organisation (UNESCO) 16.0 United Nations Environment Programme (UNEP) 1.5 United Nations Office of the High Commissioner for Human Rights (UN OHCHR) 2.5 United Nations Industrial Development Organisation (UNIDO)1 7.0 United Nations Peacebuilding Fund 11.0 United Nations Population Fund (UNFPA) 20.0 United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) 23.4 World Health Organisation (WHO) 12.5 1 The UK has announced its attention to withdraw from UNIDO and will pay two assessed contributions to serve out its notice period in 2011/12 and 2012/13.

EDUCATION Inquiries are continuing in relation to the other children. The local authority, the police and the United Kingdom Academies: Finance Border Agency meet regularly to review the progress of these inquiries. Ms Buck: To ask the Secretary of State for Education what the total allocation of funding from all Children’s Centres: Finance public sources was for each Academy school in (a) 2009-10 and (b) 2010-11. [35860] Robert Flello: To ask the Secretary of State for Mr Gibb [holding answer 24 January 2011]: We only Education if he will reintroduce the ring-fence for hold information centrally on funding provided to funding provided to local authorities for children’s academies by the . The table centres. [24849] setting out the details for the two financial years concerned has been placed in the House Libraries. In some cases, Sarah Teather [holding answer 19 November 2010]: significantly more grant was paid in 2009-10 than is The Department’s position is as described in the Secretary allocated for 2010/11 due to the 2009-10 payment including of State’s written ministerial statement published on 13 capital funding. December 2010, Official Report, column 65WS, that the removal of the ring-fence on funding for Sure Start Academies: Standards Children’s Centres will give local authorities greater freedom and flexibility to target resources effectively Mr Offord: To ask the Secretary of State for and strategically. Education what assessment his Department has made Sure Start Children’s Centres are at the heart of the of the potential effects of the expansion of the Government’s vision for supporting families with young Academies programme on the quality of science and children and intervening early to prevent problems from mathematics-based teaching. [40642] becoming crises. Through the Early Intervention Grant, the Government has ensured there is enough money to Mr Gibb: Through their funding agreements, academies retain a network of Sure Start Children’s Centres, accessible are required to teach mathematics and science as part of to all but identifying and supporting families in greatest a broad and balanced curriculum. Results show that need. standards in academies continue to improve faster than But the Government have made it clear that it is for the national average. local authorities to determine the most effective use of Children: Human Trafficking the grant. Local authorities will have greater flexibility, but they remain under statutory duties under the Childcare Act 2006 to consult before opening, closing or significantly : To ask the Secretary of State for changing children’s centres and to secure sufficient children’s Education what progress has been made in locating the centres provision to meet local need. 77 children suspected of having been trafficked who have gone missing from children homes in the London Connexions Service: Essex Borough of Hillingdon since March 2006. [43035]

Tim Loughton: According to the London borough of Bob Russell: To ask the Secretary of State for Education Hillingdon, around 25% of the children to whom the what discussions he has had with Essex county council question refers have been located through immigration on the future provision of the Connexions Service in processes, or having come to the notice of the police. Essex; and if he will make a statement. [39659] 43W Written Answers14 MARCH 2011 Written Answers 44W

Mr Gibb: Ministers have responded to Members of ContactPoint: Finance Parliament who have written, on behalf of their constituents, about the provision of Connexions services in Essex. Mrs Hodgson: To ask the Secretary of State for Local authorities continue to be under a duty to Education what funding his Department allocated to provide such support as they consider necessary to ContactPoint in (a) 2008-09, (b) 2009-10 and (c) encourage and assist the participation of young people 2010-11. [40711] (and young adults with learning difficulties and/or disabilities) in education and training. Decisions as to Tim Loughton: The Department spent £67.7 million how such services should be provided are a matter for in 2008-09 on ContactPoint and £68.6 million in 2009-10. local authorities, taking account of their statutory We expect total expenditure in 2010-11 to be £22.7 million. responsibilities. Connexions: Conditions of Employment Departmental Expenditure

Mr Iain Wright: To ask the Secretary of State for Stephen Barclay: To ask the Secretary of State for Education what transfer of undertakings and Education what expenditure (a) his Department and protection of employment arrangements he plans to (b) each public body sponsored by his Department put in place for Connexions staff affected by the incurred on engaging external audit services in each of establishment of the all-age careers service. [40677] the last three years; and to which service providers such payments were made in each year. [43757] Mr Gibb: The application of the transfer of undertakings (protection of employment) regulations depends on the Tim Loughton: Expenditure by the Department and specific facts in each case. It would, therefore, be neither its arm’s length bodies for external audit services for the possible nor appropriate for the Department to offer last three years is shown in the following table. To detailed guidance and the organisations involved should include all public bodies sponsored by the Department take their own legal advice. would incur disproportionate costs.

£ 2007-08 2008-091 2009-101

DfE notional audit fees 300,000 318,400 320,000 British Educational Communications and Technology Agency (BECTA) 27,000 55,000 68,000 Children and Family Court Advisory and Support Service (CAFCASS) 57,000 52,000 60,000 Children’s. Workforce and Development Council (CWDC) 225,000 48,000 53,000 National College for Leadership of Schools and Children’s Services (NCSL) 44,000 55,000 55,000 Office of the Children’s Commissioner (OCC) 22,000 25,000 25,000 Partnerships for Schools (PfS) 321,500 331,700 45,500 Qualifications and Curriculum Development Agency (QC DA) 58,000 62,000 63,000 Schools Food Trust (SfT) 20,000 26,500 30,000 Training Development Agency (TDA) 40,000 51,000 75,000 General Teaching Council for England (GTCE) 26,000 31,000 31,000 Total 640,500 755,600 825,500 1 There was some additional work in 2008-09 and 2009-10 in relation to the audit of restatement of some figures to move from UK accounting principals to International Financial Reporting Standards (IFRS). 2 In 2007-08, the CWDC was a grant-funded private company being turned into a non-departmental public body. The 2007-08 is therefore a prior year comparator. 3The audit fees paid by PfS in 2007-08 and 2008-09 were paid to PKF. All other fees were paid to National Audit Office.

Departmental Manpower priorities. These individuals are known as ‘Priority Movers’ and are given first access to vacant posts and other Stewart Hosie: To ask the Secretary of State for support to find suitable permanent posts. Education how many staff in his Department were in the civil service redeployment pool on the latest date for which figures are available; and how many of these had been in the redeployment pool for more than six Departmental Regulation months at that date. [44352]

Tim Loughton: On 2 March there were 32 staff in the Gordon Banks: To ask the Secretary of State for Department’s redeployment pool. Of these eight have Education what regulations his Department introduced been part of our redeployment pool for six months or between 30 November 2010 and 8 February 2011. more (though two are currently absent from work). This [42085] figure includes 17 individuals who were TUPE transferred into the Department on 1 March as a result of the closure of the British Educational Communications Tim Loughton: In the period 30 November 2010 to and Technology Agency (BECTA). 8 February 2011: All individuals without permanent posts are fully the Education Bill was introduced into Parliament; and actively engaged in work while part of the redeployment two statutory instruments made before 30 November came pool, on either key projects or short-term business into force, as follows: 45W Written Answers14 MARCH 2011 Written Answers 46W

Title Made Laid In force

The Education (School Attendance Targets) (England) (Amendment) 25 November 2010 2 December 2010 23 December 2010 Regulations 2010 The Harbour School (Amendment) Order 2010 16 November 2010 25 November 2010 15 December 2010

six statutory instruments were made and came into force, as follows:

Title Made Laid In force

The Children and Young Persons Act 2008 (Commencement No. 3, 15 December 2010 n/a 16 December 2010 Saving and Transitional Provisions) Order 2010 The Academies Act 2010 (Commencement and Transitional Provisions) 22 December 2010 n/a 22 December 2010 (Amendment) Order 2010 The Education and Skills Act 2008 (Commencement No. 7 and 7 December 2010 n/a 1 January 2011 Transitory Provisions) Order 2010 The Education (Independent Educational Provision in England) 7 December 2010 10 December 2010 1 January 2011 (Unsuitable Persons) (Amendment) Regulations 2010 The Education (Independent Educational Provision in England) 7 December 2010 10 December 2010 1 January 2011 (Provision of Information) Regulations 2010 The Education (Local Authority and School Performance Targets) 20 December 2010 29 December 2010 30 January 2011 (Revocation and Amendment) (England) Regulations 2010

two statutory instruments were made and will come into force after 8 February:

Title Made Laid In force

The Education (School Day and School Year)(England)-Regulations 26 January 2011 2 February 2011 25 February 2011 2011 The School Teachers’ Pay and Conditions (Amendment) Order 2011 31 January 2011 4 February 2011 25 February 2011

Philip Davies: To ask the Secretary of State for Drugs: Education Education how many regulations sponsored by his Department have been (a) introduced and (b) revoked since 12 November 2010. [44368] Mr Ainsworth: To ask the Secretary of State for Education how much funding his Department has allocated for drugs education in 2010-11. [39946] Tim Loughton: In the period 12 November 2010 to 2 March 2011, the Secretary of State for Education, my Mr Gibb [holding answer 11 February 2011]: The right hon. Friend the Member for Surrey Heath (Michael Government are committed to reducing substance misuse Gove), (a) made 13 statutory instruments which came among young people, including drugs, alcohol and volatile into force during the same period; and (b) revoked 14 substances. Education on these substances is a vital statutory instruments or significant parts of statutory element of the current approach. instruments, although in some cases the content of the revoked instrument has been largely replaced. The only The Department does not provide ring-fenced funding Bill introduced during that period was the Education for schools’ drug education lessons which schools provide. Bill. It is for local authorities and schools to decide how to fund drug education within the overall resources available to them. Drug education ceased to be paid via the Departmental Security ring-fenced standards fund from April 2004. For 2011-12, we are protecting school funding in the system at flat cash per pupil and have set a minimum : To ask the Secretary of State for funding guarantee so that no school will see a reduction Education which persons not employed by compared with its 2010-11 budget (excluding sixth form Government Departments or agencies hold passes funding) of more than 1.5% per pupil before the pupil entitling them to enter his Department’s premises. premium is applied. The pupil premium is in addition to [39269] schools’ budgets. The level of the premium will be £430 per pupil and will be the same for every deprived pupil, no matter where they live. Tim Loughton: Passes may be issued to those who are required to make frequent visits to specific Government sites, subject to the usual security checks. For security Mr Ainsworth: To ask the Secretary of State for reasons it would not be appropriate to provide details of Education when he plans to announce his Department’s individuals who hold such passes. budget for the FRANK service for 2011-12. [45929] 47W Written Answers14 MARCH 2011 Written Answers 48W

Sarah Teather: The Government Drug Strategy, published chief executive, has written to the hon. Member for in December 2010, made the commitment that, through Glasgow North West (John Robertson) with the information the FRANK service, everyone, at any age, will have requested and a copy of his reply has been placed in the accurate and reliable information on the effects and House Libraries. harms of drugs, including new substances. It said that Letter from Peter Lauener, dated 7 March 2011: they will be able to access advice, information and I am writing in response to your Parliamentary Question support if they, their children, or someone they know is PQ43911 that asked: at risk of drug misuse. The three sponsor Departments ″How many people applied for education maintenance allowance for the FRANK service (Department for Education, between 1 October 2010 and 1 January 2011; and how many such Home Office and Department of Health) will collaborate applications were made in the same period since 2004.″ to ensure that these commitments are met in the most The number of applications for Education Maintenance Allowance cost-effective way possible. (EMA) that were recorded between 1 October and 1 January for each year since inception is shown below. Education Maintenance Allowance Academic year Applications

Mr Nicholas Brown: To ask the Secretary of State for 2010/11 76,874 Education what plans he has to monitor the effects of 2009/10 90,919 discontinuing the payment of education maintenance 2008/09 44,186 allowance on take-up rates of post-16 education (a) 2007/08 77,273 nationally and (b) in each individual local authority 2006/07 78,524 areas. [40868] 2005/06 95,273 2004/05 59,521 Mr Gibb: We are considering the replacement for the education maintenance allowance and want to ensure EMA take-up data showing the number of young people who that the funds we have are targeted on those young have received one or more EMA payments during 2004/05, 2005/06, 2006/07, 2007/08, 2008/09 and 2009/10 is available on the YPLA people who most need support to enable them to participate website, at the following address; in education. http://ema.ypla.gov.uk/resources/research/takeup/ Mr Offord: To ask the Secretary of State for Education what financial assistance other than the education Education Maintenance Allowance: Free School Meals maintenance allowance his Department provides to students before they reach further education. [42685] John Robertson: To ask the Secretary of State for Education how many and what proportion of recipients Mr Gibb: The Department for Education has policy of the education maintenance allowance received free responsibility for students in schools and further education school meals in each of the last three years. [39502] and training up to the age of 18 (or 25 for students with a learning difficulty or disability). For young people Mr Gibb [holding answer 10 February 2011]: No aged 16 to 18 in publicly funded further education (that information is held on the proportion of recipients of is, in schools, colleges or other training prior to higher the education maintenance allowance who also received education), the Department provides a range of support free school meals. including through: The Care to Learn scheme which provides assistance for child Electoral Reform Services care and related transport costs to enable young parents with responsibility for caring for their child to attend education or : To ask the Secretary of State for training. The scheme provides support of up to £160 a week (£175 in London). Child care costs are paid direct to the provider Education what the monetary value was of contracts of child care. his Department placed with Electoral Reform Services Discretionary learner support funding is provided so that in each year since 2005. [44216] education and training providers can target financial help to students who they assess as having need of it in order to stay in Tim Loughton: The Department’s central contract education. Assistance may be provided in the form of goods or records show that it does not hold any current contracts services, for example specialist equipment needed for the particular with the Electoral Reform Services. However, a search course, or through cash grants. of our finance system has shown that payments totalling Additional learner support funds are also provided to education £670,000 were made between March and July 2005. To institutions and further education providers for the purpose of find out the monetary value of this contract would meeting the additional educational support needs that may be incur disproportionate costs. required for young people with learning difficulties and/or disabilities and other vulnerable groups. Food: Procurement John Robertson: To ask the Secretary of State for Education how many people applied for education Mr Bain: To ask the Secretary of State for Education maintenance allowance between 1 October and when he expects his Department to meet the 1 January in each academic year since 2004. [43911] Government’s commitment to source food that meets British or equivalent standards of production. [43322] Mr Gibb [holding answer 3 March 2011]: This is a matter for the YoungPeople’s Learning Agency (YPLA) Tim Loughton: The Department for Education is who operate the education maintenance allowance for already fully committed to sourcing food that meets the Department for Education. Peter Lauener, the YPLA’s British or equivalent standards of production. 49W Written Answers14 MARCH 2011 Written Answers 50W

Products are sourced from suppliers and companies Brighton and Hove that either hold certification to the higher British Retail Devon Consortium global food safety standards or their Dudley equivalents. Also supply of chilled meat and poultry is all Red Tractor Farm assured. Milton Keynes The only exception is procurement of bacon on cost grounds in line with the commitment that the Government would Dr Wollaston: To ask the Secretary of State for “ensure that food procured by government departments meets Education how many proposals for free schools he has British standards of production wherever this can be achieved received from (a) Totnes constituency, (b) the South without increasing overall cost.” West and (c) England. [40232] Foster Care Mr Gibb: As at 25 February 2011, we have received one proposal from the Totnes constituency, 29 proposals Mr Gregory Campbell: To ask the Secretary of State from the South West region, and a total of 329 for for Education if he will bring forward proposals to England. amend the law relating to those seeking to become foster parents to enable people to foster children Further Education regardless of their religious views. [44314] Mr Jim Cunningham: To ask the Secretary of State Tim Loughton: The statutory framework for foster for Education what recent steps the Government has care does not prevent a person holding any particular taken to encourage young people to undertake further religious views from becoming a foster carer. Revised education. [43004] National Minimum Standards for Fostering Services coming into force on 1 April make clear that anyone Mr Gibb [holding answer 28 February 2011]: The interested in becoming a foster carer should be treated Government have made a clear commitment to raising fairly, without prejudice, openly and with respect. the participation age to 17 in 2013 and 18 in 2015. This However, the needs of children must be paramount. includes a major commitment in the spending review of A fostering service, when deciding if a person is suitable October 2010 to fund sufficient education and training to foster, should consider the person’s capacity to care places. In addition, we are simplifying the post-16 for children with complex needs (who may be from commissioning system to free providers from red tape, diverse backgrounds) and to put the child’s needs first. introducing a funding system based on “lagged” student numbers that will ensure that funding follows students’ Free Schools choices, and continuing the process of ensuring that all 16 to 17-year-olds receive a suitable offer of a place in Bob Stewart: To ask the Secretary of State for education or training to help match supply and demand. Education what factors he takes into consideration The Government are also ending the disparity between when determining whether the proposed location of a post-16 funding between schools and colleges. We are free school will have a detrimental effect on admissions giving schools responsibility for careers guidance at to existing schools in the locality. [36008] Key Stages 3 and 4 to ensure that it is fully tailored to young people’s needs. Local authorities retain their Mr Gibb: The Secretary of State for Education, my statutory duty to encourage and enable young people to right hon. Friend the Member for Surrey Heath (Michael participate in education and training. Gove), has a duty under section 9 of the Academies Act There is also a strong demand for Apprenticeship 2010 to consider what impact establishing an additional places and the Government are committed to significant school would have on existing maintained schools, growth in the programme. academies and further education institutions before entering into an academy arrangement for a free school. Health Education: Sex When exercising this duty, the Secretary of State takes account of a number of factors including the effect on local provision in terms of choice and standards, and : To ask the Secretary of State for any representations made by the relevant local authority, Education (1) if he will bring forward proposals to (a) local schools and further education colleges. require schools to inform parents of the content of sex education lessons and (b) parents to opt in to such lessons; [43732] Lisa Nandy: To ask the Secretary of State for Education which organisations have expressed an (2) if he will bring forward proposals to require interest in establishing a free school for people aged 16 primary schools to inform school governors of the to 19 years only; and where he expects each such school teaching materials used in sex education lessons; [43733] to open. [37832] (3) what requirements his Department places on primary schools in respect of the teaching of sex education; Mr Gibb: As at 3 February 2011, the Department has and if he will bring forward proposals to require the received 10 proposals to establish free schools specifically suppliers of teaching materials for sex education lessons for 16 to 19-year-olds. Six of these proposals are currently to be licensed. [43734] being considered by officials and four have been informed that their proposals have been unsuccessful. Of the six Mr Gibb [holding answer 3 March 2011]: School proposals under consideration, the proposers plan to governing bodies have a statutory responsibility to ensure open schools in the following local authority areas: that schools have a policy for teaching about sex education 51W Written Answers14 MARCH 2011 Written Answers 52W which, as a minimum, should provide information about Mr Gibb: This Department has not carried out any how sex education will be provided, any sensitive issues formal assessment on the effects of the Holocaust that will be covered and who will provide it. The policy Educational Trust’s (HET) Lessons from Auschwitz must be made available to parents on request and must (LFA) project, but officials regularly meet with HET to include information about parents’ right to withdraw discuss the progress of the project. HET did commission their children from sex and relationships (SRE) provided the Institute of Education to carry out an evaluation of outside the national curriculum. the LFA project in 2009, which sampled five LFA We believe it is important that all children have access regions which took part in the project in the spring and to high quality SRE so they can make wise and informed summer of 2009. Among the key findings were that choices. Those parents who do not believe that their 98% of participants assessed the project as excellent children are ready to receive SRE at school, or who and 2% as good, and 74% of teachers either agreed or want to provide it themselves are able to withdraw their strongly agreed that participation in the project had children from SRE lessons. positively impacted on the school’s teaching and learning about the Holocaust. Over 6,200 students and 1,700 Members of school governing bodies are already teachers in England have participated in the project responsible for deciding what information the school since it began in 1999. should make available to them. It is therefore not necessary to require schools to inform school governors of the Ilkley School teaching material used in sex education. In practice this will already happen as part of the governing body’s statutory responsibility to have a sex education policy. : To ask the Secretary of State for Education when he plans to visit Ilkley grammar When providing sex education all schools must have school in Keighley constituency. [37258] regard to guidance issued by the Secretary of State published in 2000. This is designed to secure that pupils Mr Gibb: An official will contact Ilkley grammar receiving sex education learn about the nature of marriage school with a suggested date in due course. and its importance for family life and the upbringing of children. Furthermore, it is designed to protect pupils from teaching and materials which are inappropriate International Baccalaureate having regard to the age and religious and cultural background of the pupils concerned. : To ask the Secretary of State for The guidance provides information about how schools Education if he will assess the merits of broadening the can set in place arrangements to protect pupils from scope of the English Baccalaureate to include (a) inappropriate teaching and materials. The guidance can philosophy, (b) economics, (c) religious studies and be viewed at: (d) other humanities subjects. [41581] http://www.education.gov.uk/publications/standard/ Mr Gibb [holding answer 28 February 2011]: We are publicationdetail/page1/DfES%200116%202000 concerned that the number of pupils, especially those in We believe it is important that teachers have good disadvantaged areas, who receive a broad education in quality teaching material to support them in providing core academic subjects is far too small. Through the sex education, but that they should have the flexibility introduction of the English Baccalaureate, we want to to use their own professional judgment in deciding such encourage more pupils to take these core subjects and matters, taking account of the guidance, the needs of to bring about greater fairness of opportunity. pupils and the ethos of the school. We have no plans, The English Baccalaureate is not intended to include therefore, to require the suppliers of teaching materials all the subjects worthy of study. We recognise that study for sex education to be licensed. in other subjects will be just as valuable to pupils and we will encourage all pupils to study non-English Higher Education: Fees and Charges Baccalaureate subjects alongside the English Baccalaureate in order to benefit from a well-rounded education. This Mr Crausby: To ask the Secretary of State for is why we have kept the number of core subjects in the Education whether all higher education institutions English Baccalaureate small enough to allow wider charging more than £6,000 in annual tuition fees will be study. Subjects, such as religious studies, philosophy, eligible to join the National Scholarship Scheme from and economics, which do not count towards the English 2012. [40882] Baccalaureate, can and will play a part in a well rounded, rigorous education. Achievement in these subjects will continue to be recognised in the performance tables as Mr Gibb: I refer the hon. Member for Bolton North part of the A*-C measure and the teaching of religious East to the reply given by the Minister of State for education remains compulsory throughout a pupil’s Universities and Science, my right hon. Friend the schooling. However we remain open to arguments about Member for Havant (Mr Willetts), on 16 February how we can further improve every measure in the 2011, Official Report, columns 876-77W. performance tables—including the English Baccalaureate.

Holocaust Educational Trust Languages: Teachers

Mr Buckland: To ask the Secretary of State for Mr Jim Cunningham: To ask the Secretary of State Education whether he has made an assessment of the for Education whether he has plans to increase the effects of the Holocaust Educational Trust’s Lessons number of language teachers in primary and secondary from Auschwitz project. [38685] schools. [39531] 53W Written Answers14 MARCH 2011 Written Answers 54W

Mr Gibb [holding answer 14 February 2011]: The (2) what funding his Department provided to residential Secretary of State for Education wrote to the Training schools to cover the costs of meeting the mobility needs and Development Agency for Schools on 31 January of pupils spending time with their families at weekends with the details of the initial teacher training place in the latest period for which figures are available. allocations and training bursary amounts for academic [41378] year 2011/12. Despite falling secondary pupil rolls and reductions in the secondary allocation overall, the secondary Mr Gibb: There are no specific funds provided by the language place allocation has been protected with 100 more Department to residential schools for meeting the cost places than the previous year to take account of the of mobility needs of children. From April, education introduction of the English Baccalaureate. Future year services are funded through the dedicated schools grant allocations will continue to take account of the English and the local government finance scheme. It is for local Baccalaureate and other policy developments. We are authorities to decide on how those resources are allocated, also maintaining the training bursary level for modern including in respect of children whom they fund in foreign languages at £6,000 in 2011/12 to help with residential schools. Capital funding is also provided by recruitment. this Department to local authorities and to schools The Schools White Paper 2010, The Importance of which can be used to provide facilities that meet mobility Teaching, sets out the Government’s commitment to needs where this is the local priority. We are currently attract more of the best graduates in shortage subjects, reviewing the schools funding system and this will include including modern foreign languages, into teaching. We a review of the funding for children with special education will publish a strategy document for discussion later needs and disability. this year setting out our plans for funding initial teacher training from academic year 2012/13. Schools: Buildings We are currently considering the funding and support structures that might best be used to improve language Mr Knight: To ask the Secretary of State for teaching in schools, including the primary school workforce. Education how many schools or school buildings his Department estimates will be built using prefabricated Personal, Social, Health and Economic Education or flatpack buildings in 2010-11. [42718]

Mr Ainsworth: To ask the Secretary of State for Mr Gibb [holding answer 1 March 2011]: The Education whether his Department has set a timetable Department for Education does not hold data on how for its internal review of personal, social, health and many schools or school buildings will be built using economic education. [46301] prefabricated or flatpack buildings in 2010-11.

Mr Gibb: The Department is considering the precise Schools: Finance remit for its internal review of Personal, Social, Health and Economic education and has not yet set a timetable. Simon Hughes: To ask the Secretary of State for Further information about the review, including a proposed Education when he expects to announce the allocation timetable will be available in due course. of the Targeted Improvement Grant for local authorities. [39938] Pupils: Disadvantaged Mr Gibb [holding answer 11 February 2011]: The Helen Jones: To ask the Secretary of State for Local Authority Targeted Intervention Grant will cease Education how much he expects to allocate to at the end of the 2010-11 financial year. The 2010-11 Warrington local authority area under his plans for the allocation was £16.1 million. pupil premium in the year 2011-12. [39948] On 3 November 2010, the Government announced a new £110 million Education Endowment Fund (the Mr Gibb [holding answer 11 February 2011]: The EEF), focused on raising the attainment of disadvantaged January 2010 school censuses allow an estimate of the pupils in underperforming schools. Local authorities, number of pupils known to be eligible for FSM or to be schools, voluntary and community sector organisations, looked-after children to be made. charities and social enterprises will be able to bid to the In Warrington in January 2010 there were 3,610 Fund for resources to test out bold and innovative pupils known to be eligible, which would give rise to a approaches focused on disadvantaged pupils. pupil premium of £1,552,300. In addition to this there were 10 pupils known to be eligible for the service child Schools: Leeds premium, paid at a lower rate of £200 per pupil, which would give rise to a further £2,000. However, these are : To ask the Secretary of State for estimates only. Education what assessment he has made of the requirement for building repairs in schools in Leeds Residential Schools: Finance North West constituency; and what estimate has been made of the cost of repair in each such case. [43180] Stephen Lloyd: To ask the Secretary of State for Education (1) what funding his Department provided Mr Gibb: The Department has made no assessment to residential schools to cover the costs of meeting the of the requirement and cost of building repairs in mobility needs of pupils when participating in community schools in Leeds North West. It is the responsibility of activities as set out in Article 31 of the United Nations each local authority to assess the building requirements Convention on the Rights of the Child in the latest of the schools in its area and prioritise the available period for which figures are available; [41377] resources. 55W Written Answers14 MARCH 2011 Written Answers 56W

Schools: Sports outline plans for a network of school games organisers in England from September 2011. These organisers will Nic Dakin: To ask the Secretary of State for Education be funded for three days a week to help schools sign up pursuant to the answer of 21 December 2010, Official for the nationwide school games. Further details of Report, column 1245W, on school sport partnerships: these organiser posts and their precise roles will be finance, (1) whether his Department made an assessment announced shortly. of the capacity of partnership development managers to co-ordinate voluntary sports club work with local Ian Austin: To ask the Secretary of State for Education schools prior to its decision to end funding for school what discussions he has had with the Secretary of State sport partnerships; [34874] for (a) Communities and Local Government and (b) (2) whether his Department took account of the Culture, Olympics, Media and Sport on the use of economies of scale for schools arising from school sports and leisure facilities at (i) primary, (ii) secondary sport partnerships prior to (a) the decision to end and (iii) specialist sports schools and colleges by local funding of such partnerships and (b) the review of that communities. [42812] decision; [34893] [holding answer 28 February 2011]: (3) whether his Department made an assessment of Tim Loughton I the capacity of school sport partnerships to co-ordinate usually have weekly meetings with the Secretary of the work of national governing bodies of sport with State for Culture, Olympics, Media and Sport, my right schools in a local area prior to his decision to end hon. Friend the Member for South West Surrey (Mr Hunt), funding for school sport partnerships from April 2011. about the school games. Discussion at these meetings covers a wide range of issues, of interest to both [34894] Departments. Tim Loughton [holding answer 20 January 2011]: Schools can choose to offer extended services, which The Government have protected the schools budget in can include making sports and leisure facilities available the recent spending review, at a time when cutting the to their local communities. Extended services often take national deficit is an urgent national priority. We trust place outside of normal school hours and can also schools to take their own financial decisions when include access to child care, sports or cultural activities planning a truly rounded education including physical and support for learning. education and competitive sport. Many schools have In the Schools White Paper “The Importance of said that they value the work of school sport partnerships, Teaching” published in November 2010, we said we will and so—under the freedoms given to school leaders by rely on schools to work together with voluntary, business this Government—those schools will be able to continue and statutory agencies to create an environment where to work in partnerships, if they wish. every child can learn, and can experience new and DCMS through Sport England is continuing to invest challenging opportunities through extended services. in national governing bodies of sport to ensure that The comprehensive spending review 2010 announced strong links between schools and community sport that the amount of extended services funding currently clubs are developed and retained. In addition, Sport provided through the Department’s standards fund will England is committing up to £35.5 million of lottery form part of the overall schools revenue baseline from funding from now to 2014/15 towards a new ‘School April 2011. Schools will have freedom and flexibility to Games’ to encourage greater participation in competitive spend their budgets to support their pupils in the ways sport, and to which every school will be invited to they judge best. sign up. The Department has published information about extended services, which can be found at: Chris Ruane: To ask the Secretary of State for Education what estimate his Department has made of http://www.education.gov.uk/popularquestions/schools/ typesofschools/extendedschools/a005585/what-are-extended- the proportion of funding to support participation in services school games by pupils in primary schools which will be allocated to each region in each of the next two years. [41287] Schools: Transport

Tim Loughton: The Secretary of State for Education, Bob Russell: To ask the Secretary of State for my right hon. Friend the Member for Surrey Heath Education if he will make it his policy that children on (Michael Gove), is making available £65 million of new transport provided for school travel purposes must be funding for schools in England to enable them to provide accompanied by a supervisor travelling in each vehicle. more opportunities for competitive sport. This funding [40143] will cover school years 2011/12 and 2012/13 and will pay for one day a week of a secondary PE teacher’s time Mr Gibb: Sections 508B and 508C of the Education to be spent out of the classroom, encouraging greater Act 1996 place a duty on local authorities to ensure that take-up of competitive sport in primary schools and suitable travel arrangements are made, where necessary, securing a fixture network for schools to increase the to facilitate a child’s attendance at school. These amount of intra and inter-school sporting competition. arrangements may include being accompanied by a The Department will be writing to schools later this supervising adult. However, the Government believe year to provide further details about this funding. that local authorities, having taken account of the individual In addition, the Secretary of State for Culture, Olympics, needs of the child and local circumstances, are best Media and Sport, my right hon. Friend the Member for placed to determine whether a supervising adult should South West Surrey (Mr Hunt), recently announced be provided. 57W Written Answers14 MARCH 2011 Written Answers 58W

Annette Brooke: To ask the Secretary of State for within schools and between schools. The White Paper Education what the terms of reference are for the “The Importance of Teaching”, published on 24 November, review of school transport including transport for 16 to outlined our approach. 18 year olds; and when he expects the review to be We will create a new national network of Teaching completed. [41945] Schools, building on the good work of existing Training Schools and National Teaching Schools—over 800 have Mr Gibb [holding answer 28 February 2011]: Home applied already. These outstanding schools will be to school transport policy has remained largely unchanged responsible for leading the training and professional since the 1944 Act when the social, economic and development of teachers and head teachers so that education environment was very different. The Department schools can have access to highly effective professional is considering home to school transport and in particular development support. how best practice can be spread to all local authorities. A new competitive Scholarship Fund will be introduced We will make further announcements in due course. this year to provide opportunities for teachers to deepen and enhance their subject knowledge, so that they are Schools: Vocational Guidance seen, alongside university academics, as the guardians of the intellectual life of the nation. Mr Laurence Robertson: To ask the Secretary of We will also review the proliferation of existing teacher State for Education what requirement his Department standards to ensure that our expectations of teachers places on schools to provide careers education and are clear, making it easier to assess teacher performance guidance; and if he will make a statement. [45171] and encourage professional development. Mr Gibb [holding answer 8 March 2011]: Through Teachers: Recruitment the Education Bill schools will be placed under a new duty to secure access to independent, impartial careers Luciana Berger: To ask the Secretary of State for guidance for all pupils aged 13 to 16. Schools will be Education what steps he is taking to ensure the free to determine how best to fulfil this duty based on teaching profession attracts and retains high-quality the needs of their pupils but the careers guidance must candidates. [18238] include information on 16 to 18 education or training options, including Apprenticeships. Mr Gibb: Our plans for ensuring that the teaching As the Education Bill makes its way through Parliament, profession attracts and retains high quality teachers are we will remind schools of the importance of offering contained in The Schools White Paper 2010 ‘The the broad range of activities encompassed within the Importance of Teaching’. term ‘careers education’ to prepare pupils for future We will raise the quality of new entrants to the learning. This will help to place careers guidance in teaching profession by ceasing to provide Department context and support the development of decision making for Education funding for initial teacher training for and career management skills for all young people. those graduates who do not have at least a 2:2 degree, expanding Teach First across the country and into Teachers: Conditions of Employment primary schools, offering financial incentives to attract more of the very best graduates in shortage subjects Bob Russell: To ask the Secretary of State for into teaching and enabling more talented career changers Education if he will make it his policy to provide that to become teachers by creating new employment based learning activities outside the classroom are not training programmes. affected by the requirement that teachers rarely cover We will also reform initial teacher training so that for absent colleagues; and if he will make a statement. more training is on the job and it focuses on key skills [41190] such as teaching early reading and mathematics, managing behaviour and responding to pupil’s special educational Mr Gibb: It is the Government’s intention to provide needs. schools with greater freedoms and flexibilities. We will also remove some of the negatives that have We trust schools to make sensible decisions about tended to keep people out of teaching. We will be opportunities for education outside the classroom through tacking bureaucracy at source, stripping out unnecessary forward planning and careful scheduling of these activities. obligations, simplifying inspections, giving heads the Where this happens, the rarely cover provisions should power to ensure discipline and good behaviour in the not prove to be an obstacle to children being able to classroom and ensuring that schools have flexibility learn outside the classroom. over pay, so they can reward teachers appropriately. Teachers: Training Teachers: Professional Development Tim Farron: To ask the Secretary of State for Mr Iain Wright: To ask the Secretary of State for Education by what date he expects to have determined Education what his policy is on continuing professional teacher training allocations for the 2011-12 academic development for the teaching profession. [37038] year. [35234]

Mr Gibb: We are committed to encouraging schools Mr Gibb [holding answer 21 January 2011]: The to demonstrate a strong culture of professional development Secretary of State for Education wrote to the Training where teachers take responsibility for leading their own and Development Agency for Schools (TDA) on 31 January and others’ development and by sharing effective practice 2011 to notify them of the national initial teacher 59W Written Answers14 MARCH 2011 Written Answers 60W training place allocations for academic year 2011/12. (3) how many PGCE students in (a) England and The TDA has now given initial teacher training providers (b) the west midlands received funding from the further the details of their individual allocations for that period. education initial teacher training bursary in each of the last five years; and if he will make a statement. [42181] Ian Austin: To ask the Secretary of State for Education (1) how many information and communication technologies PGCE students in (a) England and (b) the west midlands Mr Gibb: The requested information is not collected received funding from the further education initial teacher centrally. The available information relates to the number training bursary in each of the last five years; [42179] of trainees who were potentially eligible for training (2) how many history PGCE students in (a) England bursaries. The table provides this information for and (b) the west midlands received funding from the postgraduate trainees in the first year of History, ICT further education initial teacher training bursary in and overall initial teacher training (ITT) mainstream each of the last five years; [42180] courses in the west midlands and England

Number of postgraduate first year trainees eligible for bursary by selected subject and region. Years: 2006/07 to 2010/11, Coverage: west midlands and England 2006/07 2007/08 2008/09 2009/10 2010/11

West midlands History 95 80 70 75 70 ICT 175 115 110 125 120 Total primary and secondary 2,470 2,300 2,250 2,585 2,595

England History 725 675 625 585 520 ICT 910 815 780 835 860 Total primary and secondary 24,540 23,550 23,435 24,965 24,375 Notes: 1. Numbers rounded to nearest five. 2. ICT numbers include Applied ICT. Source: TDA Trainee Number Census

Lyn Brown: To ask the Secretary of State for (2) if he will place in the Library a copy of each item Education whether he plans to provide replacement of correspondence his Department has received in arrangements for services no longer provided by the support of a Three Valleys Independent Academy in Training and Development Agency. [43779] Rotherham. [34641]

Mr Gibb: As part of our work to ensure that we are Mr Gibb: As part of their proposal, the Nationwide able to achieve the Department’s policy priorities and as Independent College of Higher Education provided the part of the Public Bodies Review, we looked at the key Department with representations from 423 supporters. functions and programmes carried out by the Training 219 are parents who have indicated that they would and Development Agency (TDA) and other departmental consider sending their children to the proposed Three organisations. We tested the potential for strengthened Valleys Independent Academy. accountability to Parliament, greater value for money The majority of these representations are as part of a and reduced bureaucracy, In the case of the TDA, and petition or short standard statement of support, and we subject to legislation, we decided that the key functions regard them as made in confidence to the proposer. will transfer to the Department for Education, where they will be exercised by an executive agency that is Vocational Guidance directly accountable to Ministers. Chi Onwurah: To ask the Secretary of State for Think Family Scheme: Finance Education what assessment he has made of geographical variation in the (a) quality and (b) availability of Mrs Hodgson: To ask the Secretary of State for careers advice and guidance. [36822] Education what funding his Department allocated to Mr Gibb: Evidence suggests that Connexions services the Think Family scheme in (a) 2008-09, (b) 2009-10 are not consistently providing high quality careers guidance and (c) 2010-11. [40704] to young people. The Ofsted report “Moving Through The System”, published in March 2010, reported that Tim Loughton: The Department allocated £94.1 million there was considerable variability in the quality of for the Think Family Grant in 2010-11. This was the information, advice and guidance provided. In a 2010 first year Think Family Grant funding was allocated. survey by the Edge Foundation, 51% of young people reported that information, advice and guidance is not Three Valleys Independent Academy meeting their needs. The Government want to restore a focus on independent, professional careers guidance for : To ask the Secretary of State for Education young people and adults which is based on accurate (1) how many representations from parents supporting labour market information and strong evidence about the establishment of a Three Valleys Independent Academy the impact of individuals’ decisions on their future in Rotherham his Department has received; [34640] prospects. 61W Written Answers14 MARCH 2011 Written Answers 62W

Mrs Chapman: To ask the Secretary of State for Tim Loughton: The number of people aged 16 and Education (1) what mechanisms he plans to put in 17 years who were accepted by local authorities as being place to ensure that common professional standards owed a duty under section 20 of the Children Act 1989 for careers and Connexions services in local authorities in each quarter since Q1 2009, is shown in the following are maintained in (a) 2011-12 and (b) subsequent table. years of the comprehensive spending review period; Children who started to be looked after under section 20 during the [36925] year, aged 16 and 17 by the quarter in which they started1,2,3. Year (2) what plans he has to ensure that standards of ending 31 March 2010, Coverage: England impartiality, quality and consistency of careers advice Number are maintained following the devolution of responsibility All children aged 16 and 17 who 3,000 for commissioning such services to schools. [36926] started during the year Quarter Mr Gibb: Alongside the establishment of an all-age 1 April to 30 June 2009 620 careers service, schools will be required to secure access 1 July to 30 September 2009 860 for their pupils to independent, impartial careers guidance. 1 October to 31 December 2009 760 The Government are taking steps to raise the quality 1 January to 31 March 2010 730 and profile of the careers profession, and have accepted 1 Numbers have been rounded to the nearest 100 if they exceed the recommendations of the Careers Profession Task 1,000, and to the nearest 10, otherwise. Force, set out in its report, “Towards a Strong Careers 2 Only the first occasion on which a child started to be looked after Profession”, published in October 2010. The 14 in the year has been counted. Consequently, if a child started more than one period of care, each in a different quarter, he/she has only recommendations include the development of common been counted in the earlier quarter. professional standards and a code of ethics. A strong 3 Figures exclude children looked after under an agreed series of emphasis is also placed on ensuring all careers advisers short-term placements. receive effective initial training and continuing professional Source: development to carry out their role. The Government SSDA 903 are working with the Careers Profession Alliance and other sector organisations to implement these recommendations. Youth Crime Action Plan: Finance

Written Questions: Government Responses Mrs Hodgson: To ask the Secretary of State for Education what funding his Department allocated to John Healey: To ask the Secretary of State for the Youth Crime Action Plan in (a) 2008-09, (b) Education when he plans to answer questions (a) 2009-10 and (c) 2010-11. [40708] 34640, (b) 34641 and (c) 34651 on the establishment of an academy in Rotherham, tabled on 18 January Tim Loughton: The then Department for Children, 2011. [41158] Schools and Families allocated the following funding for the Youth Crime Action Plan: Mr Gibb [holding answer 15 February 2011]: A response to the right hon. Member’s question 34651 was issued Funding allocated (£ million) on 9 March 2011, Official Report, column 1117W. Responses to the right hon. Member’s questions 34640 2008-09 8.600 and 34641 have been issued today. 2009-10 23.000 2010-11 128.000 Ann Coffey: To ask the Secretary of State for 1 The ring-fence on this funding was removed in June 2010. Education when he plans to answer (a) question 39708, on the harnessing technology grant, and (b) question 39707, on the pupil premium, tabled on 7 February 2011 for named day answer on 10 February Youth Opportunity Fund: Finance 2011. [46607] Mrs Hodgson: To ask the Secretary of State for Mr Gibb: A response to the hon. Member’s question Education what funding his Department allocated to 39707 was issued on 10 March 2011, Official Report, the Youth Opportunity Fund in (a) 2008-09, (b) column 1238W. 2009-10 and (c) 2010-11. [40707] A response to the hon. Member’s question 39708 was issued on 10 March 2011, Official Report, column 1233W. Tim Loughton: Table 1 shows the allocations made nationally by the Department for the YouthOpportunity Fund in these three years. Young People: Protection Table 1: Youth Opportunity Fund £ million Simon Hughes: To ask the Secretary of State for Education how many people aged 16 and 17 years were 2008-09 35.75 accepted by local authorities as being owed a duty 2009-10 40.75 under section 20 of the Children Act 1989 in each 2010-11 40.75 quarter since Q1 2009. [43710] 63W Written Answers14 MARCH 2011 Written Answers 64W

FOREIGN AND COMMONWEALTH OFFICE The next Preparatory Committee meeting will take place from 11 to 15 July 2011. This will be followed, in Afghanistan: Drugs 2012, by a further Preparatory Committee meeting dealing with procedural matters for the Diplomatic Mr Douglas Alexander: To ask the Secretary of State Conference later that year. The exact dates of these for Foreign and Commonwealth Affairs what recent meetings have yet to be confirmed. We remain committed assessment he has made of the level of narcotics to securing a robust and effective Arms Trade Treaty. production in Afghanistan. [45389]

Mr Hague: The UN Office on Drugs and Crime Departmental Land (UNODC)’s most recent Annual Opium Survey, published in December 2010, reported that the potential opium Simon Kirby: To ask the Secretary of State for production in Afghanistan was 3,600 metric tonnes, Foreign and Commonwealth Affairs if he will take down from 6,900 metric tonnes in 2009. The UNODC steps to reduce the size of his Department’s estate; and has predicted a slight fall in poppy cultivation in 2011 if he will make a statement. [45894] from last year’s level of 123,000 hectares—though it should be stressed that this is indicative only. Alistair Burt: The Foreign and Commonwealth Office The UNODC Cannabis Survey of April 2010 estimated (FCO) constantly reviews its global estate in the light of cannabis cultivation at between 10,000-24,000 hectares changing operational needs to optimise the use of its and cannabis resin production at between 1,500-3,500 property assets. As a consequence the FCO regularly metric tonnes. We await publication of UNODC’s latest acquires and disposes of its property assets. In 2009 the cannabis survey, due in April 2011. Treasury set the FCO an asset sales target of £25 million Afghanistan: Politics and Government for the financial years 2010-11. Between 2011-12 and 2013-14 we have identified Mr Douglas Alexander: To ask the Secretary of State 71 potentially redundant properties for disposal with a for Foreign and Commonwealth Affairs what discussions total book value of £131.25 million. In order to maximise he has had with his US counterpart on the appointment the price received for the sale of our assets, it is not our of a US special representative to Afghanistan. [45354] policy to provide exact details of our sales programme, nor the price we expect to receive in advance of formal Mr Hague: The appointment of a US special marketing. representative to Afghanistan and Pakistan was a decision Details of sales completed are reported quarterly to that the US alone made. In my statement on 19 February, the Foreign Affairs Committee. Book value for each following the announcement by the US Secretary of property is based on value as assessed by independent State, I welcomed Mr Grossman’s appointment. I look chartered surveyors commissioned to undertake the forward to working closely with him and continuing rolling programme of revaluations. our cooperation on this important foreign policy area. In the UK we are working with the Government Arms Trade: Treaties Property Unit to ensure our Whitehall offices are of a size to meet best practice. Mr Douglas Alexander: To ask the Secretary of State for Foreign and Commonwealth Affairs on what dates Departmental Procurement he expects to participate in meetings at the UN to discuss the proposed International Arms Trade Treaty. [45317] Stephen Barclay: To ask the Secretary of State for Foreign and Commonwealth Affairs which procurement Mr Hague: Participation in UN meetings on the projects engaged upon by (a) his Department and (b) Arms Trade Treaty is undertaken at official level. Our each non-departmental public body and agency for delegation is led, at senior official level, by the Foreign which he is responsible had a designated senior responsible and Commonwealth Office and contains representatives owner in the latest period for which figures are available; from other Government Departments. The latest Arms and on what date each officer was appointed in each Trade Treaty Preparatory Committee meeting took place such case. [45562] at the UN in New York from 28 February 2011 to 4 March 2011. The UK continued to play a leading role Alistair Burt: The following table lists projects and in negotiations, and good progress was made at the their senior responsible owners (SRO), where this meeting. information is available.

Department Project SRO appointment

Foreign and Commonwealth Office Diplomatic Bag 18 November 2010 Passport Secure Delivery 15 December 2009

Fortress IV - High Classification system 1 December 2010

Overseas Standard IT 1 October 2010

Echo (global voice and data services) May 2009

Conrad (Consular assistance systems) 14 January 2011 65W Written Answers14 MARCH 2011 Written Answers 66W

Department Project SRO appointment

Legalisation System Improvement Project 21 January 2011 BRIT 2—Passports 1 October 2009 Minerva 29 July 2010 Arcane—High Class System 1 October 2011 eDisclosure—Scope 23 February 2011

British Council Books and Multimedia Tender 11 September 2009 Career Transition Support 3 July 2009 COLA and Location Allowance contract 28 January2009 Cultural Relations through Sport Services 6 August 2009 Education UK—Content and Print 9 July 2009 Fundraising for Skills for Employability 14 December 2009 Global HR Transformation—e-HR 25 August 2009 Global Innovation Lab 22 January 2010 GPC3 Framework 4 December 2009 Ground Transportation Project 29 April 2009 Justice Sector Development Programme 13 July 2009 Legal services 19 January 2010 Market Research Roster 4 January 2010 Going Global 18 November 2009 Security Services 11 February 2010 Selector Radio—production 18 August 2010 Graphic design services 27 December 2009 Legal services 29 January2010 Audio Visual services 21 July 2010 Working with Major Donors 15 December2009 European Voluntary Service Training Provision 8 September 2010

Projects are generally devolved to directorates and a Mr Jeremy Browne: Combating human trafficking is full list where an SRO has been appointed could be a key Government priority, as made clear in the coalition obtained only at disproportionate costs. programme for Government. Officials from my Department have contributed to the review, led by the Home Office, France: Anti-Semitism into the Government’s approach to work on human trafficking, and are contributing to the development of the new human trafficking strategy. I sit on the Inter- Mr Amess: To ask the Secretary of State for Foreign Departmental Ministerial Group on Human Trafficking, and Commonwealth Affairs what recent reports he has which will follow closely the strategy’s implementation. received on prosecutions for anti-Semitic comments in France; what recent discussions he has had with the Israel: Arrests Government of France on levels of anti-Semitism in France; and if he will make a statement. [45592] Jeremy Corbyn: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make Mr Lidington: The French Government do not record representations to his Israeli counterpart in relation to prosecutions for anti-Semitic acts separately from other the arrest of Naji Tamimi on 7 March 2011. [46088] forms of discrimination. We have not had any recent discussions with France on the levels of anti-Semitism in France. The UK is committed to fighting discrimination Alistair Burt: We are aware that Naji Tamimi was and intolerance. We have recently published the arrested on 7 March during an army raid on the village Government’s first progress update report on our work and are concerned about what appears to be a rise in to take forward the recommendations of the 2006 All-Party arrests in Nabi Saleh over the last five weeks. Staff from Parliamentary Inquiry into Anti-Semitism. our consulate general in Jerusalem have also visited Nabi Saleh and met Mr Tamimi, as part of an EU delegation to the village. Human Trafficking We have been following the cases of people arrested in the village, including 14-year-old Islam Tamimi. A Mr Bone: To ask the Secretary of State for Foreign member of our consulate general staff will be attending and Commonwealth Affairs what contribution his Mr Tamimi’s first court hearing on 13 March. The Department has made to the Government’s review of Secretary of State for Foreign and Commonwealth human trafficking. [46309] Affairs, my right hon. Friend the Member for Richmond 67W Written Answers14 MARCH 2011 Written Answers 68W

(Yorks) (Mr Hague) met with non violent human rights Andrew Rosindell: To ask the Secretary of State for defenders in Ramallah during his visit in November Foreign and Commonwealth Affairs what cost his 2010. Department has incurred on chartering aircraft to Libya The UK recognises the rights of Palestinians to protest to evacuate British nationals to date; and how many peacefully against occupation including against the illegal British nationals have been evacuated by such means. route of the separation wall that cuts into the west [43885] bank, often severing villages from land on which their livelihoods depend. Peaceful protests form an important Alistair Burt: The Foreign and Commonwealth Office element of the Palestinian Authority’s two-year plan (FCO) organised six flights which departed from Tripoli. published in August 2009. This plan was explicitly The total cost of flights chartered by the FCO was supported by the 27 member states of the European £852,738. Around 500 British nationals were evacuated Union in the December 2009 conclusions of the EU by these means. Foreign Affairs Council. As the Secretary of State for Foreign and Commonwealth Affairs, my right hon. Friend, said in his statement on 7 Israel: Politics and Government March 2011, Official Report, columns 643-645, we continue to provide assistance and information for any more Mr Douglas Alexander: To ask the Secretary of State British nationals who decide they want to leave. for Foreign and Commonwealth Affairs what discussions he had with his US counterpart on the US Middle East: Peace Negotiations veto of the proposed UN Security Council resolution of 18 February 2011 on Israeli settlements. [45327] Mr Hollobone: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent assessment Mr Hague: The Government maintain close contact, he has made of the likelihood of a new Palestinian state at ministerial and official level, with the US Administration comprising both the West Bank and the Gaza Strip. on the Middle East Peace Process. I discussed the [46305] resolution with the US Secretary of State in advance of the vote. The US decided to exercise their veto and set Alistair Burt: The Palestinian Authority has made out their reasons in a statement following the vote. progress in building institutions of state. The UK has Libya long supported the creation of a Palestinian state, but it remains unclear when this is likely to come into being. Andrew Rosindell: To ask the Secretary of State for We continue to believe that the best way to achieve a Foreign and Commonwealth Affairs what official visits lasting solution that delivers a sovereign, independent Ministers from his Department have made to Libya and contiguous Palestinian state alongside a safe and secure Israel at peace with its neighbours is through a since 1997; and for what purpose. [43980] negotiated solution. We will be doing everything we can Alistair Burt: Previous visits to Libya by Foreign and to achieve this by September and look to both parties to Commonwealth Office (FCO) Ministers since diplomatic return to negotiations as soon as possible on the basis relations were restored in 1999 include: of clear parameters that we set out with France and Germany on 18 February. The former Member for North Warwickshire, Mike O’Brien, FCO Minister of State in August 2002. Middle East: Politics and Government The noble Lord Digby Jones, Minister of State jointly with the FCO and Department for Business, Enterprise and Regulatory Reform (BERR), 13 May 2008. Mr Douglas Alexander: To ask the Secretary of State The former Member for Harlow, , FCO Minister for Foreign and Commonwealth Affairs whether his of State in February 2009. Department plans to review its programme spending The noble Lord Malloch-Brown, FCO Minister of State in following recent unrest in the middle east. [45375] July 2009 to attend the Africa Union Summit. Mr Hague: The Foreign and Commonwealth Office Ministers take part in regular meetings and overseas routinely reviews its programme spending plans to ensure visits to discuss a range of matters with interlocutors. that funds are being used most effectively to achieve our The last visit to Libya by a Foreign and Commonwealth foreign policy priorities. Office Minister was that of the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Recent events in the middle east will be considered as Friend (Mr Bellingham) in November 2010, who attended part of the review process. the EU-Africa Summit in Tripoli. Religious Hatred: Crimes of Violence Libya: British Nationals Abroad Paul Uppal: To ask the Secretary of State for Foreign Andrew Rosindell: To ask the Secretary of State for and Commonwealth Affairs what steps he is taking to Foreign and Commonwealth Affairs how many (a) reduce the incidence of violent attacks targeted against British and (b) non-British nationals have used flights people with a particular religious belief or ethnicity in from Libya chartered by his Department. [43827] other countries. [45315]

Alistair Burt: Around 390 British nationals and 180 Mr Jeremy Browne: We strongly support the right to non-British nationals used the six flights organised by freedom of religion or belief as set out in the Universal the Foreign and Commonwealth Office which departed Declaration of Human Rights and the International from Tripoli for the UK. Covenant on Civil and Political Rights as well as the 69W Written Answers14 MARCH 2011 Written Answers 70W full implementation of the 1981 United Nations Declaration Mr Lidington: The Permanent Court of Arbitration on the Elimination of all Forms of Intolerance and of issued its judgment on the Abyei boundary on 22 July Discrimination Based on Religion or Belief. 2009. Both the National Congress Party and the Sudanese Our high commissions and embassies receive information People’s Liberation Movement agreed to abide by the on human rights, including allegations of abuse, from a decision. We have received no recent reports on the wide variety of sources. These include local non- judgment. governmental organisations, human rights defenders Tripoli: Embassies and local media. Our high commissions and embassies use this information in their assessment of the local human rights situation, and raise allegations of human Mr Jim Cunningham: To ask the Secretary of State rights abuses with host Governments on a case-by-case for Foreign and Commonwealth Affairs for what basis. Where possible our embassies take action on reasons he decided to close the British Embassy in individual cases where persecution or discrimination Tripoli. [44890] has occurred. We also lobby for changes in discriminatory practices and laws and work with host Governments to Alistair Burt [holding answer 9 March 2011]: As my encourage intercultural and inter-religious dialogue. We right hon. Friend the Prime Minister said in his statement condemn all instances of violence and discrimination to the House on 28 February 2011, the decision of when against individuals and groups because of their faith or to suspend operations at our embassy in Tripoli was an belief. important one. It was based on concerns for the safety of our staff in the light of the deteriorating security Russia: Immigration situation and our wider decision to evacuate British nationals from Libya. Mr Sheerman: To ask the Secretary of State for The Turkish embassy in Tripoli will look after British Foreign and Commonwealth Affairs what discussions interests while our embassy’s operations remain suspended. he has had with his counterpart in the Russian Federation on the entry into the UK of Russian citizens with criminal records. [45328] HEALTH Mr Lidington: My right hon. Friend the Foreign Abortion Act 1967 Secretary has held no such consultations with Foreign Minister Lavrov. Mr Amess: To ask the Secretary of State for Health Sudan: Politics and Government what the policy of the Government is on initiating legislative proposals to amend the Abortion Act 1967; Mr Andrew Smith: To ask the Secretary of State for and if he will make a statement. [45603] Foreign and Commonwealth Affairs what recent assessment he has made of the effects of humanitarian Anne Milton: It is accepted parliamentary practice conditions in the Abyei region of Sudan on prospects that proposals for changes in the law on abortion come for resolution of the status of the region. [45774] from backbench members and that decisions are made on the basis of free votes. Mr Lidington: We are concerned by the humanitarian impact of the recent fighting in the Abyei region. We Blood Transfusions estimate that 20,000 to 25,000 people have been displaced in the region between 27 February and 4 March due to Mr Sanders: To ask the Secretary of State for Health violence. Such instability and suffering underlines the how many blood platelet transfusions there were in need for the Sudanese parties to find an urgent political each region in 2010; how many units of platelets were settlement for the region. transfused; and if he will make a statement. [45433]

Mr Andrew Smith: To ask the Secretary of State for Anne Milton: The information requested is not collected. Foreign and Commonwealth Affairs what recent Such information as is available is as follows. reports he has received on the burning of villages in the The number of platelet transfusions carried out for Abyei region of Sudan. [45775] patients specifically admitted to receive a blood platelet transfusion, excluding patients where this procedure Mr Lidington: We are very concerned at the recent was provided as part of a wider programme of treatment, clashes in the Abyei region. It is essential that the UN is available from April 2009 to March 2010. This Mission in Sudan (UNMIS) has freedom of movement information is shown in the following table (verified to monitor the situation on the ground. In a statement information from April to December 2010 is not yet on 3 March 2011 the UN Security Council condemned available). There is no information on the number of the violence, underlined the urgent need for a political units of platelets transfused in each episode. settlement on the status of Abyei and called on both Sudanese parties to allow full and unhindered access for Number of finished consultant episodes (FCEs) where there was a main or secondary procedure or intervention of intravenous blood UNMIS. transfusion of platelets by Strategic Health Authority (SHA) from April 2009 to March 2010 Mr Andrew Smith: To ask the Secretary of State for SHA of treatment Number of FCEs Foreign and Commonwealth Affairs what recent reports he has received of the judgment by the Permanent North East 1,345 Court of Arbitration on the borders of the Abyei North West 3,646 region of Sudan. [45776] Yorkshire and The Humber 2,314 71W Written Answers14 MARCH 2011 Written Answers 72W

Number of finished consultant episodes (FCEs) where there was a Bacterial contamination of platelet components is a main or secondary procedure or intervention of intravenous blood serious, potentially life threatening, hazard of transfusion transfusion of platelets by Strategic Health Authority (SHA) from April 2009 to March 2010 and the most common transfusion transmitted infection. Since 2002, a number of measures have been introduced SHA of treatment Number of FCEs to minimise this risk, including arm-cleansing to reduce 1,309 contamination from the blood donor’s skin at the time West Midlands 3,311 of donation and diversion of the first 20-30 millilitres of East of England 3,113 the donation. In addition, screening of donated platelets London 2,758 for evidence of bacterial infection should be in place in South East Coast 2,027 England and North Wales by April 2011. South Central 1,819 In addition to these steps, any suspected or confirmed South West 2,731 serious adverse reactions arising from the transfusion of England Total 24,373 blood or blood components (including viral or bacterial Source: infection from blood platelets) must be reported to the Hospital Episode Statistics (HES), The NHS Information Centre for haemovigilance unit of the Medicines and Healthcare health and social care. Data represent activity in English NHS Hospitals products Regulatory Agency. and English NHS commissioned activity in the independent sector. Also known is the number of units of platelets NHS Blood and Transplant (NHSBT) issued to hospitals in Blood: Donors England and North Wales by each NHSBT stock holding unit region. This is not the same as a SHA region, as the Glyn Davies: To ask the Secretary of State for Health data are not held in that format. The information is what the cost to the public purse was of blood shown in the following table. collection from donation to usage in each of the last Platelet Issues from NHSBT in 2010 five years. [45959] NHSBT Stock Region holding unit Total issues Anne Milton: NHS Blood and Transplant (NHSBT) London and South East Tooting 37,364 is a special health authority and is responsible for the London and South East Colindale 28,469 provision of a reliable, efficient supply of blood, organs, tissues and stem cells to the . London and South East Brentwood 21,307 London and South East Cambridge 10,611 The following figures are the cost of providing blood Midlands and South West Birmingham 26,013 components (red cells, platelets and plasma) including Midlands and South West Southampton 12,334 support service functions from donation to the point of Midlands and South West Filton 10,668 delivery to hospitals. As well as the number of blood Midlands and South West 9,384 units collected and the price of a unit of blood in each Midlands and South West Plymouth 3,758 of the years requested, also included is the agreed blood North Sheffield 19,802 price for 2010-11 and 2011-12. North Leeds 15,929 Total expenditure for 2005-10 including number of blood units North Manchester 15,196 collected and the price of a unit of blood to hospitals North Liverpool 12,871 Total cost Whole blood Price (£ million) collection (£) North Newcastle 11,189 North Lancaster 5,217 2005-06 310 2,039,000 131.80 Total NHSBT 240,112 2006-07 297 1,971,000 130.52 Notes: 2007-08 309 1,927,000 133.99 1. Date of extraction: 8 March 2010. 2008-09 338 1,974,000 139.72 2. Data are shown as adult equivalent units and include neonatal, 2009-10 346 1,982,000 133.19 paediatric and adult units. 2010-11 1— 1— 124.21 3. Data show units issued by NHSBT between 1 January 2010 and 31 December 2010. 2011-12 1— 1— 124.85 Source: 1 Figures not yet available. NHSBT Demand Planning Group database Source: NHSBT, as at 10 March 2011. Blood Transfusions: Viruses Primarily the reduction in 2006-07 related to negotiated reductions in the cost of consumable items. Mr Sanders: To ask the Secretary of State for Health what steps the NHS takes to assess the risk of patient The rise in 2007-08 was largely related to spend on infection by virus or bacteria in blood platelet one-off requirements such as blood safety initiatives transfusion; and if he will make a statement. [45432] and new equipment, as well as specific transformational projects—this was also a factor in the increases seen on Anne Milton: The National Health Service Blood and 2008-09 and 2009-10 and reflects a multi-year programme Transplant/Health Protection Agency joint surveillance of change projects designed to deliver longer term programme monitors transfusion transmitted infections efficiency and effectiveness. in blood and tissue donors and transfusion recipients, Through a sustained programme of transformation with the aim of protecting patient safety and public (to be continued over the next three years) NHSBT have health. There have been three recorded viral transmissions reduced the price hospitals are charged for blood (red from platelet transfusions since 1996, when the Serious cells) from £140 in 2008-09 to less than £125 today. As a Hazards of Transfusion scheme was established, and result the blood price in 2014 would be lower than the none since 2005. price in 2005-06. 73W Written Answers14 MARCH 2011 Written Answers 74W

Departmental Procurement responsible was engaged upon in the latest period for which figures are available. [45565] Stephen Barclay: To ask the Secretary of State for Health how many procurement projects with a monetary value greater than (a) £10 million, (b) £50 million and Mr Simon Burns: The following table shows data for (c) £100 million (i) his Department and (ii) each non- the Department and for the NHS Commercial Medicines departmental public body and agency for which he is Unit for the period 1 April 2010 to date:

Award value Type of agreement Awarding organisation Number awarded 1 April 2010 to date

£10-£50 million Contract Department of Health 4 £50-£100 million Contract Department of Health 1 £100 million+ Contract Department of Health 0

Within non-departmental public bodies (NDPBs) and (NSF) for children, young people and maternity services. agencies, one contract was awarded by the Medicines This sets out information on a care pathway for a child and Healthcare products Regulatory Agency of value with type 1 diabetes and includes references to provision between £10 million and £50 million in the same period. of emotional and psychological support. No other NDPB or agency contracts were awarded. Simon Kirby: To ask the Secretary of State for Health Stephen Barclay: To ask the Secretary of State for what the reason is for the time taken for diabetics in Health which procurement projects engaged upon by Brighton and Hove to receive annual retinotherapy (a) his Department and (b) each non-departmental screening; and what steps his Department is taking to public body and agency for which he is responsible had ensure timely delivery of this service. [45617] a designated senior responsible owner in the latest period for which figures are available; and on what date Paul Burstow: The Department is providing support each officer was appointed in each such case. [45566] to primary care trusts (PCTs) that are not yet offering screening to 100% of people with diabetes to help them Mr Simon Burns: This information is not held centrally. reach this standard. The role of senior responsible owner (SRO) is to ensure that a project or programme of change meets its objectives We are advised that NHS Brighton and Hove PCTs and delivers the planned benefits. It is the Department’s activity levels for diabetic retinopathy screening services policy that an SRO will be designated for every major have increased over recent years. In 2010-11, the PCTs project in the Department and the non-departmental diabetic retinopathy screening has not been able to meet public bodies, and for smaller projects as appropriate. the increasing demand and a backlog of patients being invited for screening has developed. The reasons for this are a reduced screening service capacity in 2010-11 Diabetes because of a number of difficulties including problems around recruitment and staff taking unplanned leave. Simon Kirby: To ask the Secretary of State for South East Coast strategic health authority is monitoring Health what measures are in place under (a) the this closely and has worked with the PCT to develop Quality and Outcomes Framework and (b) National and agree a recovery plan to improve access to diabetic Institute for Health and Clinical Excellence clinical retinopathy screening. We are advised that the PCT will standards to address the psychological well-being of be writing to you to in the next few days to share its diabetics. [45616] recovery plan with you. Paul Burstow: There are no measures in place under the Quality and Outcomes Framework, however, the Doctors: Working Hours National Institute for Health and Clinical Excellence (NICE) has published guidance on management of Dr Poulter: To ask the Secretary of State for Health both type 1 and type 2 diabetes. Clinical guidelines what progress he has made in implementing the (CG) 15 “Diagnosis and management of type 1 diabetes recommendations of the review of the Working Time in children, young people and adults” and CG87 “the Directive undertaken by Medical Education England management of Type 2 diabetes”, both refer to timely in respect of encouraging junior doctors to participate psychological support. in leadership and management training. [45988] NHS Diabetes has worked with Diabetes UK to produce recommendations on “Emotional and Anne Milton: The focus of the review undertaken by psychological care for people with diabetes”. This guidance Professor Sir John Temple at the request of Medical sets out the appropriate emotional and psychological Education England was the impact of training the care interventions for each facet of diabetes care. NHS future medical workforce with reduced hours available Diabetes has also produced a Commissioning Care for learning. In this respect the aspect of encouraging guide to support commissioners in commissioning these junior doctors to participate in management and leadership services. training is only indirectly referred to. For example, by NHS Diabetes, with contributions from Diabetes UK using more simulation in training, doctors will be able and other stakeholders have published an exemplar to develop skills around teamwork, leadership and patient journey to support the national service framework management. 75W Written Answers14 MARCH 2011 Written Answers 76W

Medical Education England has identified leadership Epilepsy: Brighton as a unifying theme across its professional advisory boards, and this will help ensure that it is included in : To ask the Secretary of State for training throughout the professions. Health pursuant to the answer of 4 March 2011, Official Medical Education England has developed an action Report, column 660W, on epilepsy: Brighton, what plan to implement the recommendations of the Temple assessment his Department has made of progress towards report known as “Better Training, Better Care”, which implementation of the National Service Framework for will implement changes in clinical practises resulting in long-term conditions; when he plans to publish the better supervision of trainees and increased consultant mid-term review of the framework; and if he will make presence on the wards. This will encourage clinical a statement. [45614] leadership both in training and the delivery of care. Paul Burstow: We have made no assessment of the progress being made towards implementation of the National Service Framework for Long-term Conditions Drugs: Prices (NSF). No mid-term review of the Framework has been undertaken. Mr Sanders: To ask the Secretary of State for Health It is the responsibility of local health bodies to implement what responsibilities Monitor will have in the setting of the NSF within the 10 year timescale from publication. prices for medicines under his Department’s plans for Food: Labelling NHS reform. [45388] Zac Goldsmith: To ask the Secretary of State for Mr Simon Burns: We are currently consulting on our Health what his policy is on the future sale and labelling plans for a new value-based system for the pricing of of food products containing genetically modified organisms. medicines. Our proposals do not envisage a role for [45217] Monitor in the setting of medicines’ prices. Anne Milton: The Government believe that regulatory decisions on the sale of food products derived from Mr Sanders: To ask the Secretary of State for Health genetically modified (GM) organisms should be based whether medicines will be included in his proposed on a robust, case-by-case assessment of the potential national tariff; and if he will make a statement. [45434] impact on human health and the environment, taking full account of the scientific evidence. Consumers should be able to make an informed choice about whether to Mr Simon Burns: The costs of most medicines used buy GM foods, through clear labelling rules. by hospitals during an episode of care are included in the Payment by Results national tariff. There are some Zac Goldsmith: To ask the Secretary of State for drugs, however, that are reimbursed outside of the Health pursuant to the answer of 17 February 2011, tariff. These are typically specialist drugs used in a Official Report, column 923W, on animal products: relatively small number of centres rather than evenly clones, what his policy is on the future sale and labelling spread across all providers. of products containing food from the offspring of cloned The Department publishes a list of excluded drugs each animals. [45232] year alongside the national tariff. Information for 2010-11 Anne Milton: The Food Standards Agency (FSA) has can be found on the Department’s website at: sought the views of interested parties on changing its www.dh.gov.uk/en/Publicationsandstatistics/Publications/ interpretation of the novel foods regulation in respect PublicationsPolicyAndGuidance/DH_112284 of food obtained from the descendants of cloned cattle and pigs. The FSA is currently reviewing the responses Mr Sanders: To ask the Secretary of State for Health it received and will announce its final position shortly. whether his Department plans to maintain mandatory General Practitioners funding direction for medicines approved by the National Institute for Health and Clinical Excellence; Mr Jim Cunningham: To ask the Secretary of State and if he will make a statement. [45437] for Health what recent assessment he has made of the effectiveness of primary care-led commissioning. [45366] Mr Simon Burns: We are consulting on our plans for a value-based system of medicines pricing in “A new Mr Simon Burns: The Impact Assessment that was value-based approach to the pricing of branded medicines” published alongside the Health and Social Care Bill in and this exercise closes on 17 March 2011. A copy of January outlines how giving general practitioners (GPs) the consultation document has already been placed in freedom to design services around patients will deliver the Library. benefits in terms of improved services that deliver better Until we are assured that the improvements we want outcomes, improved patient experience, and more efficient to see in access to medicines are realised; we will continue management of national health service resources. to ensure that the national health service in England GPs, in partnership with other local health care funds drugs that have been positively appraised by the professionals such as community nurses and pharmacists, National Institute for Health and Clinical Excellence are best placed to understand the health needs of local (NICE). Provision is made in the Health and Social populations and how to design services that provide Care Bill to replicate the effect of the funding direction more effective, joined-up and preventive care. that currently applies to NICE-appraised drugs. The Impact Assessment has been placed in the Library. 77W Written Answers14 MARCH 2011 Written Answers 78W

Hay Fever Paul Burstow: Information and advice for people with hay fever is available from “NHS Choices” and Mr Amess: To ask the Secretary of State for Health from other popular sources, including a patient information what guidance his Department (a) has issued and (b) leaflet published by the organisation Patient UK and plans to issue to (i) GPs and (ii) hospitals on the available on their website: treatment of patients suffering with hay fever; and if he www.patient.co.uk will make a statement. [45598] The cost to public funds of preparing and updating the advice in “NHS Choices” cannot be separately identified. Paul Burstow: Guidance to general practitioners is available from “Clinical Knowledge Summaries”, a Mr Amess: To ask the Secretary of State for Health collection of guidelines maintained by NHS Evidence what estimate he has made of the number of (a) males and available on their website at: and (b) females with hay fever in each age group in http://www.cks.nhs.uk/allergic_rhinitis each of the last five years; and if he will make a More detailed clinical guidelines on the treatment of statement. [45657] patients suffering with hay fever are available from the British Society for Allergy and Clinical Immunology Paul Burstow: The Department has made no such (January 2008) and from an international group (the estimates. Seasonal allergic rhinitis is thought to affect “ARIA”guidelines, revised June 2010). The Department about 10% of the United Kingdom population although has no plans to issue guidance in this area. the true prevalence may be higher. An analysis of the available epidemiological information, published with Mr Amess: To ask the Secretary of State for Health the Department’s review of services for allergy in July what advice his Department issues to those with hay 2006, estimated that the rates of general practitioner fever; how much his Department spent on provision of (GP) consultation for males and females by age group such advice in the latest period for which figures are in 2004 were as in the following table. These figures will available; what mechanisms his Department uses to however understate the number of people suffering disseminate such advice to members of the public; and from hay fever, since many people with this condition if he will make a statement. [45643] do not consult a doctor.

Proportion of patients consulting a GP for allergic rhinitis at some point during 2004 (rates per 10,000) Age standardised rate (95% CI) All ages <1 1-4 5-14 15-24 25-44 45-64 65-74 75+

Male 152 (147-158) 152 5 112 308 241 143 86 84 77 Female 171 (165-177) 173 0 73 224 305 214 121 89 70

Hay Fever: British Medical Association Mr Simon Burns: Information on the number, age and sex of patients prescribed a medicine and the Mr Amess: To ask the Secretary of State for Health indication for which a medicine was prescribed, is not what recent (a) discussions he has had with and (b) collected centrally. The numbers of prescription items representations he has received from the British Medical for medicines that can be used in the treatment of hay Association on the treatment of patients suffering with fever prescribed in England and dispensed in the community hay fever; and if he will make a statement. [45599] in the United Kingdom by strategic health authority (SHA) are shown in the following tables. Paul Burstow: There have been no such representations Antihistamines (British National Formulary (BNF) or discussions. paragraph 3.4.1) are the main treatment for hay fever Hay Fever: Drugs but topical nasal steroids (BNF paragraph 12.2.1) and other anti- inflammatory preparations for eye problems Mr Amess: To ask the Secretary of State for Health (BNF paragraph 11.4.2) are also used. It is not possible how many (a) males and (b) females in each (i) age to know with certainty whether an item was prescribed group and (ii) health authority area were prescribed to treat hay fever and all products included in these medication for the relief of hay fever in each of the last figures have indications other than the treatment of hay five years for which figures are available. [45658] fever as follows.

Prescription items for antihistamines prescribed in England and dispensed in the community in the UK, by SHA, July 2006-10 Thousand SHA July-December 20061 2007 2008 2009 2010

East Midlands 377.3 849.4 904.4 973.9 1,037.5 East of England 475.8 1,047.7 1,103.3 1,186.9 1,250.2 London 553.6 1,322.9 1,375.3 1,489.8 1,569.7 North East 236.3 504.7 538.9 578.0 615.3 North West 651.2 1,386.8 1,453.3 1,537.8 1,614.2 South Central 292.1 661.1 683.0 722.4 751.3 South East Coast 304.8 674.6 703.7 745.6 783.2 79W Written Answers14 MARCH 2011 Written Answers 80W

Prescription items for antihistamines prescribed in England and dispensed in the community in the UK, by SHA, July 2006-10 Thousand SHA July-December 20061 2007 2008 2009 2010

South West 371.5 822.7 868.6 920.6 971.8 West Midlands 444.7 991.7 1,037.1 1,107.0 1,165.2 Yorkshire and the Humber 483.4 1,036.4 1,086.6 1,168.7 1,234.5 Unidentified prescribing2 5.4 5.7 10.1 6.2 13.3 Total3, 4 9,088.6 9,303.6 9,764.3 10,436.9 11,006.2

Prescription items for topical nasal steroids prescribed in England and dispensed in the community in the UK, by SHA, July 2006-10 Thousand SHA July-December 20061 2007 2008 2009 2010

East Midlands 204.5 463.4 500.1 528.2 559.1 East of England 264.1 591.4 631.7 664.3 700.2 London 260.2 634.6 673.3 716.7 751.3 North East 109.3 237.3 254.2 266.3 281.6 North West 314.9 696.8 738.4 786.2 824,7 South Central 177.6 400.8 424.7 443.1 464.0 South East Coast 178.7 400.0 419.0 438.2 457.4 South West 225.8 505.0 536.1 560.7 589.3 West Midlands 232.6 527.7 564.0 598.6 633.1 Yorkshire and the Humber 221.2 488.9 524.3 558.6 587.2 Unidentified prescribing2 0.9 1.9 3.9 2.0 4.2 Total3, 4 4,759.7 4,947.8 5,269.7 5,563.0 5,852.1

Prescription items for other anti-inflammatory preparations for eye problems prescribed in England and dispensed in the community in the UK, by SHA, July 2006-10 Thousand SHA July-December 20061 2007 2008 2009 2010

East Midlands 51.1 132.9 144.3 149.2 148.7 East of England 62.9 160.4 169.7 174.2 171.3 London 107.7 301.6 325.8 340.4 341.2 North East 28.0 62.8 67.1 69.6 69.9 North West 82.5 196.5 208.2 214.9 209.4 South Central 39.1 105.2 111.6 114.1 113.1 South East Coast 38.8 98.7 104.5 107.2 104.8 South West 47.0 122.3 129.7 133.1 130.2 West Midlands 68.6 174.0 187.4 194.4 194.0 Yorkshire and the Humber 59.7 144.5 154.5 163.2 159.8 Unidentified prescribing2 0.5 0.8 1.8 1.0 2.0 Total3, 4 1,531.3 1,499.7 1,604.8 1,661.1 1,644.4 1 SHAs were reorganised in July 2006, comparable data are not available for January-June 2006 2 ‘Unidentified prescribing’ is prescribing which cannot be attributed to an SHA 3 Figures may not sum due to rounding 4 England total for 2006 relates to full year January-December dispensing Source: Prescribing Analysis and Cost Tool (PACT) system

Heart Diseases: Children The public consultation will include a number of public consultation events planned across England and Wales Miss McIntosh: To ask the Secretary of State for as well as focused events with relevant professional Health when he expects to announce his favoured associations. The outcome of consultation will be considered reconfiguration option for children’s heart surgery by the Joint Committee of Primary Care Trusts in the units; and what processes will be undertaken prior to autumn of 2011. making a decision. [45252] Information is available at: www.specialisedservices.nhs.uk/safe_sustainable/public- Mr Simon Burns: The ‘Safe and Sustainable’ review consultation-2011 of children’s heart services in England is being conducted by the NHS Specialised Commissioning Team on behalf of the Joint Committee of Primary Care Trusts. The committee has published four options for reconfiguration. HIV Infection: Screening These options have been arrived at by a thorough and comprehensive process, including extensive engagement Mike Freer: To ask the Secretary of State for Health with clinicians, patients and the public, and those are what steps he is taking to increase early diagnosis of currently out to public consultation until 1 July 2011. HIV. [45239] 81W Written Answers14 MARCH 2011 Written Answers 82W

Anne Milton: I refer the hon. Member to the written The decision to run the campaign was taken during the answer I gave my hon. Friend the Member for Pudsey Christmas holidays in response to data on rising rates of (Stuart Andrew) on 27 January 2011, Official Report, flu infection in England. column 462W. Medical Equipment Hospitals: Food Rosie Cooper: To ask the Secretary of State for Mr Laurence Robertson: To ask the Secretary of Health how many appliance use reviews have been State for Health whether the NHS will be subject to provided by the NHS since the introduction of such Government buying standards for food; and if he will reviews. [45937] make a statement. [46129] Mr Simon Burns: The information held by the NHS Anne Milton: The Operating Framework for the NHS Prescription Services records 11,162 appliance use reviews in England 2011-12, published on 15 December 2010, from April to December 2010. makes it clear that national health service organisations are encouraged to consider the Government Buying NHS Foundation Trusts Standards for food and catering when they are introduced at the end of March 2011. : To ask the Secretary of State for Health (1) what proportion of NHS foundation trusts Hygiene: Publicity held their board meetings in public in the last year for which figures are available; [45445] Valerie Vaz: To ask the Secretary of State for Health (2) what proportion of NHS foundation trusts what the cost to the public purse was of his publish the (a) agendas, (b) background papers and Department’s Catch It, Kill It, Bin It respiratory hand (c) minutes of their board meetings; [45446] hygiene campaign in each of the last five years. [46618] (3) whether his Department provides guidance to NHS foundation trusts to encourage transparency and Anne Milton: The costs of respiratory and hand public engagement in the decision-making process at hygiene campaigns are as follows: board level. [45447] 2007-08: £688,453 2008-09: £1,877,181 Mr Simon Burns: We are informed by the chair of 2009-10: £3,710,044. Monitor (the statutory name of which is the Independent Regulator of NHS Foundation Trusts) that Monitor The expected costs for 2010-11 are £861,344. There does not hold or collect data on either the proportion of was no campaign in 2006-07. foundation trusts that hold board meetings in public; or on the proportion of foundation trusts which publish Valerie Vaz: To ask the Secretary of State for Health their board agendas, papers and minutes. on what dates his Department’s annual Catch It, Kill It, Bin It respiratory hand hygiene campaign was However, foundation trusts should follow a policy of launched in each of the last five years. [46619] openness and transparency in their proceedings and decision making. “The NHS Foundation Trust Code of Anne Milton: Respiratory and hand hygiene campaigns Governance”, produced by Monitor, sets out a framework were launched on the following dates: for good governance and encourages openness from the board. The code also encourages foundation trusts to 2007-08: November 2007 hold a meeting of their membership at least annually. 2008-09: November 2008 Foundation trusts must either comply with the code, or 2009-10: April 2009 explain clearly the reasons why they do not do so. 2010-11: January 2011. The Department is committed to making the national The 2009-10 campaign started earlier in the year in health service more transparent and accountable to readiness for (an anticipated) considerable increase in patients and the public it serves. The measures we are swine flu cases. taking in the Health and Social Care Bill would strengthen the accountability of foundation trusts and their directors Valerie Vaz: To ask the Secretary of State for Health to governors, the majority of whom are elected by the what assessment he made in October 2010 of the merits public. of the proposed launch date for his Department’s Catch It, Kill It, Bin It respiratory hand hygiene NHS: Private Patients campaign in 2011. [46620] : To ask the Secretary of State for Anne Milton: The ‘Catch It, Bin It, Kill It’ campaign Health what requirement there is for NHS hospitals to is designed to encourage behaviours likely to slow the set charges for the treatment of private patients at a spread of flu. level which results in a surplus over the cost of the Research from previous campaigns showed that treatment. [45540] advertising this message against a backdrop of an imminent health threat was more effective than maintaining a Mr Simon Burns: There are no requirements on national constant presence from a behaviour change perspective. health service hospitals about how they set charges for Departmental officials therefore recommended, before private patients. Foundation trusts, unlike NHS trusts, October 2010, that the campaign should not run during do have a constraint on the total income they can earn 2010-11 unless the winter brought a severe flu season. from private charges. 83W Written Answers14 MARCH 2011 Written Answers 84W

NHS: Reorganisation Tables 2, 3, 4 and 5 of the accompanying Excel file of ‘National Child Measurement Programme: results from the 2007/08 school year, headline results’ report is available on the NHS Information Mr Jim Cunningham: To ask the Secretary of State Centre website at: for Health what recent assessment he has made of the www.ic.nhs.uk/statistics-and-data-collections/health-and- likely effects of structural reorganisation on (a) service lifestyles/obesity/national-child-measurement-programme- delivery in the NHS, (b) the efficiency of the NHS and results-from-the-school-year-2007-08 (c) quality improvement in the NHS; and if he will All these publications have already been placed in the make a statement. [45405] Library. Mr Simon Burns: The Government published a full Obesity: Death impact assessment alongside the Health and Social Care Bill. Mr Amess: To ask the Secretary of State for Health The effects of the proposed changes upon service whether he has made an estimate of the cost to the delivery, efficiency and quality improvement are discussed economy of illness, economic inactivity and premature within the impact assessment. The impact assessment is death associated with obesity since August 2010; what available at: discussions (a) Ministers and (b) officials in his www.dh.gov.uk/en/Publicationsandstatistics/Publications/ Department have had on that matter since August PublicationsLegislation/DH_123583 2010; and if he will make a statement. [45597] A copy has already been placed in the Library. Anne Milton: The estimated cost of overweight and Obesity: Children obesity to the economy and to the national health service was set out in the report by Foresight, “Tackling Mr Amess: To ask the Secretary of State for Health Obesities: Future Choices—Modelling Future Trends what estimate he has made of the number of children in in Obesity and the Impact on Health” (2007). This each age group who were classified as (a) overweight report is available from the following link: and (b) obese (i) in Southend, (ii) in each borough in http://webarchive.nationalarchives.gov.uk/+/http:// (A) Essex and (B) Kent, (iii) in Greater London and (iv) www.bis.gov.uk/foresight/our-work/projects/current-projects/ nationally in each year since 2008. [45596] tackling-obesities Tackling obesity is a key public health challenge, and Anne Milton: Information is not available in the Ministers have had various discussions on the matter, as format requested. have officials. A document on obesity, following on Information on the percentage of overweight and from the White Paper “Healthy Lives, Healthy People”, obese children in England is available in the ‘Health will be published in spring 2011. Survey for England—2009 trend tables’, Child trend tables, Table 4. Information is provided for children Paediatrics: Incontinence aged two to 15 in England for the years 1995 to 2009. This information is available at: : To ask the Secretary of State for Health www.ic.nhs.uk/pubs/hse09trends what steps he is taking to ensure consistency in the The proportion of children aged two to 15 recorded commissioning of paediatric continence services. as overweight and obese by strategic health authority [45456] (SHA) is available for 2008 in Table 13.3 (p327) of the ‘Health Survey for England—2008: Physical activity Anne Milton: The Department has published care and fitness’. The information is available at: pathways for children affected by incontinence, and the National Institute for Health and Clinical Excellence www.ic.nhs.uk/pubs/hse08physicalactivity has produced dedicated good practice guidance on Further information on the prevalence of overweight constipation and nocturnal enuresis in children and and obese children at a primary care trust (PCT) and young people. local authority (LA) level is available through the National Child Measurement Programme. Information is available Sex: Health Education for children in reception (four to five years) and year six (10 to 11 years) for the years 2006-07 to 2009-10. Mr Stewart Jackson: To ask the Secretary of State for Information showing prevalence of overweight and obese Health what recent discussions he has had with the children in those two school years by LA, PCT, SHA Secretary of State for Education on sex and relationship and for England is available for each year from the education; and if he will make a statement. [46606] following: Tables 2 and 3 of the accompanying Excel file of the National Anne Milton: We have had discussions with the Minister Child Measurement Programme: England, 2009/10 school year of State for Children and Families, the hon. Member report is available on the NHS Information Centre website at: for Brent Central (Sarah Teather), at the Department www.ic.nhs.uk/statistics-and-data-collections/health-and- for Education on a number of issues including education lifestyles/obesity/national-child-measurement-programme- on relationships and sex. england-2009-10-school-year Tables 2 and 3 of the accompanying Excel file of the ‘National Ministers of both Departments believe it is important Child Measurement Programme: England, 2008/09 school year’ that children and young people receive a high quality, report is available on the NHS Information Centre website at: age-appropriate programme of such education to enable www.ic.nhs.uk/statistics-and-data-collections/health-and- them to make wise and informed choices in later life. lifestyles/obesity/national-child-measurement-programme- Measures to improve the quality of delivery of relationships england-2008-09-school-year and sex education in schools will be considered in the 85W Written Answers14 MARCH 2011 Written Answers 86W context of the internal review of Personal, Social, Health parties responded to the public consultation on the and Economic education announced by the Department possible revision of the directive ran by the EC over the for Education in ‘The Importance of Teaching: The period 24 September to 17 December 2010. The EC is Schools White Paper 2010’. The document has already currently considering these submissions. been placed in the Library. Urology: Nurses Teenage Pregnancy: Family Planning Rosie Cooper: To ask the Secretary of State for Mr Amess: To ask the Secretary of State for Health Health how many NHS stoma care nursing posts were what recent assessment he has made of the effect on funded through industry support in each of the last rates of teenage pregnancy of the use of birth control. 10 years; and what estimate he has made of the value to [45426] the NHS of this support. [45938]

Anne Milton: The rate of teenage conceptions has Anne Milton: The information requested is not collected been falling in recent years. In 2009 the rate was 38.2 per by the Department. 1,000 girls aged 15 to 17, representing a 30 year low. A clinical guideline, ‘Long-acting reversible contraception: the effective and appropriate use of long-acting reversible contraception’, published by the National Institute for COMMUNITIES AND LOCAL GOVERNMENT Health and Clinical Excellence, found that by raising the profile of different methods of contraception Affordable Housing particularly long-acting reversible contraception and increasing contraceptive choice, the number of unintended Mr Jim Cunningham: To ask the Secretary of State pregnancies would fall. for Communities and Local Government what steps he Health care professionals should have regard to the plans to take to encourage local authorities to increase latest evidence based guidelines when considering the provision of family-sized affordable homes. [45367] effectiveness and which method will be best for an individual patient. Grant Shapps: In setting out the framework for the Affordable Homes Programme, the Government have Tissue Viability Nurses made clear that the programme must take account of local priorities, which in some areas will include the John Pugh: To ask the Secretary of State for Health provision of family-sized homes. We will seek confirmation how many tissue viability nurses were working in each of local authority support for new supply proposals primary care trust or predecessor body in each year when schemes are identified or indicative proposals since 2000. [45458] become firm. The new homes bonus will also encourage local Anne Milton: The information requested is not collected authorities to meet the housing need in their areas, by the Department. including the housing need of families, by matching the Tissue Viability Sores: Infections council tax for the following six years. Family homes will tend to be in a higher council tax band than smaller houses or flats. In addition, every affordable home built John Pugh: To ask the Secretary of State for Health will receive an additional premium of £350 per year, up what estimate he has made of the cost to the NHS of to around 36% more than for an equivalent market treatment of secondary infections caused by (a) tissue home. viability sores and (b) incontinence in the latest period in which figures are available. [45457] As outlined in my answer to the hon. Member on 2 March 2011, Official Report, column 483W,our removal Mr Simon Burns: The information is not available of national minimum density targets now gives local because the Department does not collect the cost to the authorities the flexibility to set density ranges that suit national health service of treating individual diagnoses. the local needs in their areas—particularly for family homes. Tobacco: EU Law Departmental Food Robert Halfon: To ask the Secretary of State for Health whether he has made an assessment of the Mr Bain: To ask the Secretary of State for Communities adequacy of the evidential basis of the RAND Europe and Local Government (1) if he will make it his policy Study, Assessing the Impacts of Revising the Tobacco to place a duty on local authorities that prohibits the Products Directive. [46082] purchase of seafood which is included on the Marine Conservation Society List of fish to avoid; [45486] Anne Milton: The RAND Europe Study was prepared (2) if he will make it his policy to require local for the (EC) to support the authorities to purchase seafood that complies with development of an impact assessment for the possible sustainability standards as indicated either by (a) inclusion revision of the Tobacco Products Directive. on the Marine Conservation Society list of fish to eat, While the Government have not commented on the (b) certification by the Marine Stewardship Council or RAND Europe Study, I understand that many interested (c) the terms of the UN Food and Agriculture parties in the United Kingdom have sent their comments Organisation’s Code of Conduct for Responsible Fisheries. directly to the EC. The Department and other interested [45499] 87W Written Answers14 MARCH 2011 Written Answers 88W

Robert Neill: DCLG fully support the Government’s Greg Clark: In respect of the Cala Homes legal commitment to sourcing more sustainable food. However, actions over the past six months: in accordance with the decentralisation and localism (a) The final legal costs for the Cala Homes case have not yet agendas, we do not believe that the Government should been determined as the legal challenge is ongoing and will be place a further duty on local authorities in this respect heard in May. as my Department is seeking to reduce the cumulative (b) No consultants were appointed. burden of legal duties imposed on local government. Alison Seabeck: To ask the Secretary of State for Departmental Furniture Communities and Local Government which external legal advisers his Government engaged in respect of the Cala Homes legal action. [46319] Andrew Griffiths: To ask the Secretary of State for Communities and Local Government how much Greg Clark: Mr James Eadie QC and Mr James Government offices for the regions spent on office Maurici acted on behalf of the Government in Cala chairs in the last 24 months for which figures are Home’s first legal challenge and Mr James Maurici and available; and what the (a) make and model and (b) Mr Tim Mould QC on the second legal challenge by cost of each type of chair was. [43842] Cala Homes.

Greg Clark: Information currently available on the Fire Services: Finance purchase of seating within the Government offices for the regions in the financial years 2009-10 and 2010-11 is Mr Ainsworth: To ask the Secretary of State for as follows: Communities and Local Government what the percentage change in his Department’s grant to each precepting Item cost Number fire and rescue authority is between 2010-11 and 2011-12. Description (£) purchased Total (£) [46018] Financial year 2009-10 Ara chair with tilt limiter 266.17 190 50,572.30 Robert Neill: Percentage changes cannot currently be and coat hanger calculated as the total amount of Fire Revenue Grant Stacking arm chair—static 117.00 98 11,466.00 for 2011-12 is not yet set. We are currently consulting Stacking arm chair—on 147.00 10 1,470.00 on the future of fire and rescue control services and this castors will determine the total amount of Fire Revenue Grant. Spring stool with leather 205.00 24 4,920.00 seat pad Joy cashier chair 149.00 1 149.00 Food: Procurement Cusp tub chair 231.00 21 4,851.00 Trannon single lounge 247.00 4 988.00 Mr Bain: To ask the Secretary of State for chair Communities and Local Government what his policy is Trannon 3-seat sofa 879.00 2 1,758.00 on placing local authorities under a commitment to Opera wide chair 1,028.10 1 1,028.10 source food that meets British or equivalent standards Oasis tub chairs 556.40 18 10,015.20 of production subject to no overall increase in costs. Oasis sofa 725.40 2 1,450.80 [43304] Various chairs required for — 8 4,067.00 reasonable adjustments Robert Neill: DCLG fully support the Government’s Financial year total — 379 92,735.40 commitment to sourcing more sustainable and nutritious food. Central Government can help promote best practice Financial year 2010-11 in local government; however, individual procurement Various chairs required for — 4 3,198.25 decisions by councils will be a matter for local reasonable adjustments determination. Financial year total — 4 3,198.25 Housing: Overcrowding Grand total — — 95,933.65

The chair purchased in 2010-11 costing £1,072 was a Caroline Lucas: To ask the Secretary of State for highly specialised chair required for a member of staff Communities and Local Government pursuant to the with special needs. The Government’s intention to close answer of 17 February 2011, Official Report, column the Government offices for the regions was announced 890W, on housing: overcrowding (1) if he will make it in principle on 22 July 2010 with the final decision his policy to collect data on the number of households announced as part of the spending review on 20 October who approached each local authority for homelessness 2010. assistance on the grounds that overcrowding made it unreasonable for them to continue to occupy their property; and if he will collect data on the number of Departmental Legal Costs such households for which the main homelessness duty was accepted; [45541] Alison Seabeck: To ask the Secretary of State for (2) if he will make it his policy to collect data on the Communities and Local Government how much his local authorities which award reasonable preference to Department paid for (a) external legal advice and (b) overcrowded households in their allocations policy where consultants in respect of the Cala Homes legal action overcrowding is based on the definition of overcrowding in the last six months. [46318] set out in the Housing Act 1985. [45542] 89W Written Answers14 MARCH 2011 Written Answers 90W

Andrew Stunell: The Department for Communities Planning and Local Government is not proposing to collect this information. We are seeking to reduce the burden of Mr Carswell: To ask the Secretary of State for data reporting to central Government as outlined in my Communities and Local Government by what date he Department’s press notice of 17 December 2010. expects his proposals for reform of the rules in respect As part of our proposed reforms of social housing, of contributions to planning decisions by local we will give local authorities greater flexibility to decide councillors to take effect. [45889] how best to meet housing need in their area and improve housing outcomes. Robert Neill: Provisions in the Localism Bill, currently We have maintained homelessness grant at this year’s before Parliament, to allow councillors to freely discuss level, investing £400 million over the next four years, important issues such as planning matters with their and we have made a further £190 million available to constituents, and to give their opinion on such issues local authorities to assist households affected by welfare without this being cited as evidence of having a closed reform. mind on the subject, will come into force two months after the Bill’s enactment. Local Government: Referendums Public Expenditure

Mr Raab: To ask the Secretary of State for Communities Andrew Griffiths: To ask the Secretary of State for and Local Government whether his legislative proposals Communities and Local Government what the job title to allow petitions for local referenda are intended to is of each civil servant employed by the Government allow for a referendum in (a) individual boroughs and offices for the regions who had all or part of their (a) (b) individual borough wards. [45459] living and (b) accommodation costs met from the public purse in the latest period for which figures are Robert Neill [holding answer 10 March 2011]: Our available. [43868] commitment in the coalition agreement is to give residents the power to instigate local referendums, and we have Greg Clark: I assume that the hon. Member is asking accordingly made provision in the Localism Bill allowing about costs covered by those in full-time accommodation electors to petition for referendums within individual away from their home such as detached duty. wards, or across an area which is one or more local As at the end of January 2011, 10 Government offices government areas, or comprises a number of wards for the regions staff were in receipt of detached duty within one such area. payments at the following grades:

Grade Number

UK Trade and Investment Team Administrative Officer 1 UK Trade and Investment Team Executive Officer 5 Government Office Closure Team Executive Officer 1 UK Trade and Investment Team Higher Executive Officer 4 Government Office Closure Team Higher Executive Officer 1 Government Office Closure Team Grade 7 2 Government Office Director Grade 3 1

One member of staff detailed above has since left the Your Parliamentary Question has been passed to me to reply. Government offices. Audit Commission staff are not civil servants. In the last 12 months, the Commission has contributed to the Andrew Griffiths: To ask the Secretary of State for living and/or accommodation costs of two members of staff, as Communities and Local Government what the job title follows: is of each civil servant employed by the Audit an Audit Manager who moved from Carlisle to Solihull at a Commission who had all or part of their (a) living and relocation cost of £2,600; and (b) accommodation costs met from the public purse in an Audit Manager seconded from Northern to Central Region [43869] the latest period for which figures are available. for a period of six weeks at a relocation cost of £780.64. This secondment ended at the end of March 2010. Robert Neill: This is an operational matter for the Audit Commission and I have asked the chief executive These individuals were transferred to new posts and required to relocate, one on a permanent and one on a temporary basis. of the Audit Commission to write to my hon. Friend direct. However I also refer my hon. Friend to my answer of 28 February 2011, Official Report, columns Public Sector: Pay 106-107W, to the hon. Member for Cannock Chase (Mr Burley), detailing the benefits, including hotel costs, for the chief executive. Annette Brooke: To ask the Secretary of State for Letter from Eugene Sullivan, dated March 2011: Communities and Local Government for what reasons “Parliamentary Question: what the job title is of each civil teaching assistants who earn less than £21,000 a year servant employed by the Audit Commission who had all or part will not receive the guaranteed public sector worker of their (a) living and (b) accommodation costs met by the public pay increase of £250 in 2011-12; and if he will make a purse in the latest period for which figures are available.” statement. [45443] 91W Written Answers14 MARCH 2011 Written Answers 92W

Robert Neill: The Government have no role in Mr Gauke: Total investment in companies qualifying determining annual pay awards in local authorities. under the Enterprise Investment Scheme (EIS) are published These are for the employers and unions to negotiate. by HMRC as National Statistics at: http://www.hmrc.gov.uk/stats/ent_invest_scheme/table8-1.pdf Shops: Empty Property Some but not all of this investment qualifies for income tax relief. No estimates have been made of the Chris Ruane: To ask the Secretary of State for different effects on SME investment of changing the Communities and Local Government how many vacant relief rate to these higher levels. shops there were in each of the last 10 years for which figures are available; and what estimate has been made of the likely number of vacant shops in each of the next Financial Institutions two years. [44094] Robert Halfon: To ask the Chancellor of the Robert Neill: This information is not held centrally. Exchequer what recent representations he has received on foreclosures arising from decisions of (a) RBS Supermarkets Banking Group and (b) other financial institutions in the last 12 months. [45877] Simon Kirby: To ask the Secretary of State for Communities and Local Government (1) what plans he Mr Hoban: UK Financial Investments (UKFI) manages has to modify Planning Policy Statement 4 to introduce the Government’s investments in financial institutions a test to give local authorities greater powers to control on an arm’s length and commercial basis. the numbers of small supermarket outlets in town or Mortgage lenders’ policies on foreclosures are a matter city centres; [45618] for the board and management of those financial (2) if he will bring forward legislative proposals to institutions. give local authorities greater powers to control the The Government are determined that repossession numbers of small supermarket outlets in town or city should always be a last resort. Financial Services Authority centres. [45619] regulation requires that, wherever possible, lenders and borrowers should work together to manage any difficulties. Robert Neill: The Government are committed to Home owners also have protection in the courts through supporting town centres which are at the heart of our the Pre-Action Protocol, which makes it clear what is communities and neighbourhoods. Current national required of lenders. planning policy within planning policy statement 4 “Planning for Sustainable Economic Growth” asks local planning authorities to plan for a strong retail mix so Gift Aid that the range and quality of retail on offer meets the requirements of the local area and, where appropriate, Jon Trickett: To ask the Chancellor of the Exchequer to take measures to protect and enhance the established what assessment he has made of the effect on charities character and diversity of their town centres. and voluntary groups of the ending of transitional Our “town centre first” policy will continue to be relief on gift aid. [45999] strongly expressed in the forthcoming national planning policy framework. Indeed, the Government’s firm intention Justine Greening: Gift aid transitional relief was in reviewing the policy is to make it more accessible and introduced as a temporary measure to give charities clearer. We will publish the draft framework for consultation time to prepare their financial plans in response to a in the summer. lower rate of relief from gift aid. By April 2011, when the relief ends, charities will have had four years since the announcement of the 20% basic rate of income tax TREASURY to prepare for the change. In 2009-10 charities benefited by £105 million from this relief and it is forecast that Bank: Loans they will benefit by £120 million in 2010-11. The Government believe the £100 million transition fund Dr Poulter: To ask the Chancellor of the Exchequer announced in the spending review will better target if he will assess the merits of introducing a cap of three support on charities most in need. per cent. over the base rate on the interest charged by banks on loans to profitable businesses. [45884] Green Investment Bank

Mr Hoban: Decisions about interest rates on loans Zac Goldsmith: To ask the Chancellor of the are a matter for individual financial institutions to Exchequer what definition of a contingent liability of make on a commercial basis. The Government do not the Green Investment Bank his Department uses. intervene in these decisions as a matter of course. [46061] Enterprise Investment Scheme Justine Greening: For the purposes of departmental Nicola Blackwood: To ask the Chancellor of the accounts, the accounting standard IAS 37 is applied in Exchequer what estimate he has made of the effect on full. IAS 37 defines a contingent liability as: the level of funding for small and medium-sized a possible obligation depending on whether some uncertain enterprises of raising the level of income tax relief in future event occurs; or respect of the Enterprise Investment Scheme to (a) 30, a present obligation but payment is not probable or the amount (b) 40 and (c) 50 per cent. [46037] cannot be measured reliably. 93W Written Answers14 MARCH 2011 Written Answers 94W

Green Investment Bank: Scotland Mr Gauke: A Protocol opening the Council of Europe- OECD multilateral Convention on Mutual Administrative Tom Greatrex: To ask the Chancellor of the Exchequer Assistance in Tax Matters to a potentially world-wide how many meetings he has had with the Secretary of membership is expected to come into force on 1 June State for Scotland on the Green Investment Bank; and following ratification by existing members. It is anticipated on which date each meeting took place. [46185] that a number of new members, which may include developing countries, will subsequently join the convention. Justine Greening: Treasury Ministers have frequent National Insurance Contributions meetings with their ministerial colleagues as part of the process of policy development and delivery. It is not the Government’s practice to provide details of all such Oliver Colvile: To ask the Chancellor of the meetings. Exchequer what assessment he has made of the (a) take up and (b) operation of the regional employers’ national insurance contributions holiday for new Industrial Diseases: Compensation businesses since its inception. [35759]

Mr Anderson: To ask the Chancellor of the Mr Gauke [holding answer 24 January 2011]: We Exchequer whether there has been any liaison between intend to publish details of the take-up of NI contributions those responsible for administering the pleural plaques holiday around the Budget later this month. extra-statutory scheme and HM Revenue and Customs on the provision of employment history schedules by Matthew Hancock: To ask the Chancellor of the Special Section A for use by applicants to the scheme. Exchequer (1) if he will estimate the number of people [44369] employed by businesses eligible to receive relief for national insurance contributions for new businesses in Mr Gauke: I can confirm that Ministry of Justice each (a) local authority, (b) parliamentary officials have been in contact with HM Revenue and constituency and (c) region; [39168] Customs (HMRC) about requests for employment history (2) if he will estimate the number of businesses schedules related to the Pleural Plaque compensation eligible to receive relief for national insurance contributions scheme. for new businesses in each (a) local authority, (b) parliamentary constituency and (c) region. [39169] Internet: National Income Mr Hanson: To ask the Chancellor of the Exchequer (1) how many applications to the national insurance Ian Austin: To ask the Chancellor of the Exchequer if holiday scheme have been refused since June 2010; he will assess the contribution to the UK economy of [40990] (a) Google, (b) Yahoo, (c) Facebook and (d) other major internet companies. [46136] (2) how many businesses have applied for the national insurance holiday in the (a) retail, (b) manufacturing and (c) service sector; [40992] Mr Gauke: The Government recognise the importance of the digital and creative industries which includes (3) how many businesses have applied for the companies such as Google, Yahoo and Facebook. In national insurance holiday in each month since June 2008, the digital and creative industries contributed £18 2010. [40993] billion to the UK economy, equivalent to 1.4% of total GVA and employed approximately 353,000 workers. Stephen Lloyd: To ask the Chancellor of the Exchequer how many companies have taken up the regional employers The Government are keen to ensure that the UK national insurance contribution holiday for new businesses remains a desirable location for businesses of all size since June 2010. [39151] and are taking action by prioritising investment in key infrastructure, demonstrated in the National Infrastructure Mr Gauke: We intend to publish details of the take-up Plan and heading for a simpler and more competitive of NI contributions holiday around the Budget later tax system through the Corporate Tax Roadmap. this month. Alongside infrastructure investment and the corporate tax reforms, the Growth Review contributes to the : To ask the Chancellor of the Exchequer (1) Government’s drive to remove the barriers to growth how many businesses applied for the National Insurance and improve British competitiveness. The Government holiday for new small businesses in each eligible region want to create the right conditions for businesses to in January 2011; [40252] succeed and are tackling barriers in several sectors (2) how many business have applied for the National where there are opportunities for growth, including the Insurance holiday for new small businesses in each digital and creative industries. The Growth Review will eligible (a) region, (b) local authority and (c) constituency report back at Budget. to date; [40253] (3) what steps he has taken to raise the level of Multilateral Information Exchange Agreement awareness of the National Insurance holiday for new small businesses in eligible regions. [40254] Mr Hanson: To ask the Chancellor of the Exchequer what progress has been made on the multilateral Mr Gauke [holding answer 11 February 2011]: We information exchange agreement proposed in recent intend to publish details of the take-up of NI contributions G20 communiqués. [45370] holiday around the Budget later this month. 95W Written Answers14 MARCH 2011 Written Answers 96W

Public Finance The UK’s priority is to maintain effective and representative arrangements for international cooperation in tax matters that respect member states’ sovereignty Mr Frank Field: To ask the Chancellor of the and avoid duplication with the work of other international Exchequer what estimate he has made of the cost to organisations. the public purse of interest payments arising from the national debt in (a) 2010-11 and (b) 2011-12. [46617] The Government consider that the best means of enhancing the effectiveness of the committee would be to ensure that the prioritisation of the work of the Justine Greening: Central Government gross debt committee fully represents its members’ interests, and interest payments for 2010-11 and 2011-12 can be found consider any practical changes that might improve the in Table 4.14 of the Office for Budget Responsibility’s committee’s work and its ability to involve the widest Economic and Fiscal Outlook, November 2010 (page 106). range of participants. It is available online at: We have also made clear that the UK could not at this http://budgetresponsibility.independent.gov.uk/econ-fiscal- time support a recommendation to upgrade the committee outlook.html to an intergovernmental body. The OBR will publish an updated assessment of the The full UK response to the request of the UN public finances including debt interest payments at the Economic and Social Council Secretariat for views on Budget on 23 March 2011. the strengthening of institutional arrangements to promote international cooperation in tax matters, including the Small Businesses: VAT Committee of Experts on international cooperation in tax matters, can be found here: http://www.un.org/esa/ffd/tax/2011SGReport/RepliesMS.htm Glyn Davies: To ask the Chancellor of the Exchequer what recent assessment he has made of the effect on Mr Hanson: To ask the Chancellor of the Exchequer small businesses of the increase in the basic rate of what recent discussions has he had with the OECD value added tax. [45961] Informal Task Force on Tax and Development on progress on its commitments on tax and development; Mr Gauke: I refer the hon. member to my answer of and if he will make a statement. [45371] 10 January 2011, Official Report, column 217W. Mr Gauke: The OECD informal Task Force on Tax Smuggling: Fuels and Development has been considering a range of tax issues of relevance to developing countries since its inaugural plenary meeting in April 2010. The task force Mr Donaldson: To ask the Chancellor of the will be reporting to the G20 on the most effective ways Exchequer what estimate he has made of the level of of supporting capacity building in the tax administrations smuggled fuel detected by HM Revenue and Customs of developing countries. officers in Northern Ireland in each quarter in each of the last five years. [46605] VAT: Further Education

Justine Greening: The amount of illicit fuel seized in : To ask the Chancellor of the Exchequer Northern Ireland over the last five years is as shown in (1) what estimate he has made of the amount of the following table. HMRC do not hold these figures unrecoverable value added tax paid by further education broken down by quarter. colleges and sixth form colleges in England in the last 12 months for which figures are available; [45579] Fuel (million litres) (2) how many and what proportion of further education colleges in England are registered for value 2005-06 1.08 added tax. [45640] 2006-07 0.84 2007-08 0.82 Mr Gauke: Information is not available to assess 2008-09 1.09 accurately the amount of VAT paid by further education 2009-10 1.4 colleges. It is not possible to determine the number of further Taxation education colleges which are currently registered for value added tax (VAT) as the industry sectors used against the VAT return do not separate out further Mr Hanson: To ask the Chancellor of the Exchequer education from other types of education. what assessment his Department has made of the likely effectiveness of proposals to be tabled at the United Written Questions: Government Responses Nations Economic and Social Council intended to strengthen its Committee of Tax Experts; and if he will Mr Hanson: To ask the Chancellor of the Exchequer make a statement. [45369] when he plans to answer question 40993, on national insurance, tabled on 10 February 2011 for answer on 14 Mr Gauke: The Government welcome the Secretary- February 2011. [46311] General’s advance report, which provides a balanced assessment of the different options for strengthening Mr Gauke: I have replied to the right hon. Member’s the committee. question. 97W Written Answers14 MARCH 2011 Written Answers 98W

TRANSPORT Mrs Villiers: I refer the hon. Member to my answer of 16 February 2011, Official Report, column 831W, given Arriva Trains: Deutsche Bahn to the hon. Member for Eastbourne (Stephen Lloyd).

Biofuels Ian Lucas: To ask the Secretary of State for Transport if he will carry out an assessment of the effects on competition in the railways industry of the Christopher Pincher: To ask the Secretary of State for acquisition of Arriva Trains by Deutsche Bahn. [45254] Transport what steps he plans to take in response to the results of the study by E4Tech commissioned by his Mrs Villiers: Assessment of the effects of corporate Department on differences between biofuel types; and acquisitions and mergers in the rail industry is a matter what assessment he has made of the types of biofuel for the Office of Rail Regulation, which has concurrent which are most environmentally sustainable. [45265] competition authority powers with the Office of Fair Trading. Norman Baker: In 2009 the Department for Transport commissioned E4Tech to study the Indirect Land Use Change (ILUC) impacts of the five biofuels expected to Aviation: Security form the main supply of biofuel in the UK in the next 10 years: palm, soy and oilseed rape biodiesel, and Mike Weatherley: To ask the Secretary of State for sugarcane and wheat bioethanol. Transport whether he has any plans he has to introduce The report from E4Tech sheds light on the complexity a crew personnel advanced screening system of calculating ILUC emissions, particularly where there (CrewPASS); and if he will make a statement. [42060] are uncertainties due to both limitations in data and knowledge of how future markets will develop. Andrew Rosindell: To ask the Secretary of State for The Government referenced the E4Tech work in its Transport whether he has any plans to introduce a crew October 2010 response to the European Commission personnel advanced screening system (CrewPASS); and consultation on ILUC impacts of biofuels and bioliquids. if he will make a statement. [43934] In this response the UK Government called on the Commission to work with member states to develop Mrs Villiers: There are no plans to introduce a separate detailed options to address ILUC which can be subjected crew personnel screening system at UK airports along to full impact assessments. the lines of the CrewPASS system being trialled on a The E4Tech research is also being used in ongoing limited basis on US domestic flights. research to assess the potential for regional level actions Aviation security is governed by the “host state” to mitigate ILUC. principle and it is for each country to put in place the Further information on this research and the UK security measures it deems necessary to meet the threat. response to the Commission is available on the Department’s I have no standing to comment on the measures in place website. in other countries. Christopher Pincher: To ask the Secretary of State for Steve Baker: To ask the Secretary of State for Transport what discussions officials in his Department Transport what research his Department has (a) have had with HM Treasury on the effect on captive undertaken and (b) evaluated on the threat to airport fleets of the 20 pence tax differential for biodiesel made and airline security from air crew. [43766] from used cooking oil. [45453]

Andrew Rosindell: To ask the Secretary of State for Norman Baker: Biofuels from used cooking oil are Transport what recent assessment he has made of the currently supported through two mechanisms: the 20p threat to airport and airline security from air crew. tax differential which was introduced on 1 April 2010 [43935] and is set to run until April 2012, and the renewable transport fuel obligation (RFTO). Mrs Villiers: I refer the hon. Members to my answer Department for Transport officials have had no recent given to the hon. Member for Eastbourne (Stephen discussions on the 20p tax derogation for biofuels from Lloyd) of 7 March 2011, Official Report, column 831W. used cooking oil. We are currently consulting on proposals to amend Steve Baker: To ask the Secretary of State for the RTFO. Our proposed amendment will provide Transport whether he has plans to bring forward additional support to biofuels from waste, including proposals to enable airports to determine their own used cooking oil. Currently one renewable transport security procedures for air crew. [43767] certificate is awarded per litre of biofuel; we propose to amend the RTFO such that biofuels from waste are Mrs Villiers: I refer the hon. Member to my answer awarded two renewable transport fuel certificates per given to the hon. Member for Eastbourne (Stephen litre. Lloyd) of 2 March 2011, Official Report, column 460W. Cycling England and Bikeability Mr Marcus Jones: To ask the Secretary of State for Transport what recent assessment he has made of the Shabana Mahmood: To ask the Secretary of State for threat to airport and airline security from air crew. Transport what plans his Department has for the future [45578] of (a) Bikeability and (b) Cycling England. [43107] 99W Written Answers14 MARCH 2011 Written Answers 100W

Norman Baker: We have already announced that Electoral Reform Services Bikeability—cycle proficiency for the 21st century—will be supported for the remainder of this Parliament, Daniel Kawczynski: To ask the Secretary of State for thereby giving confidence in our commitment to this Transport what the monetary value was of contracts valuable programme. his Department placed with Electoral Reform Services We have also announced grants totalling £11 million Ltd. in each year since 2005. [44225] to local authorities and School Sport Partnerships to provide up to 275,000 Bikeability cycle training places Norman Baker: The Department for Transport has for children in 2011-12. not placed any contracts with Electoral Reform Services As announced in the Public Bodies Review, Cycling since 2005. England is to be abolished when its current remit expires Electric Vehicles on 31 March 2011 and its functions will be taken in-house. Cycling England was reviewed as part of the coalition Government’s commitment to radically increase Huw Irranca-Davies: To ask the Secretary of State the transparency and accountability of public services for Transport what projections he has made of the and reinvigorate the public’s trust in democracy. The likely levels of usage of electric cars in the next 20 Government’s approach was based on the presumption years. [44777] that state activity, where needed, is best undertaken by bodies that are democratically accountable at either Norman Baker: Specific projections for 2031 are not national or local level. yet available; the Department for Transport is currently working towards ambitions for the 4th Carbon Budget We also believe that the Government’s move towards period (2023-27). localism, and particularly in this regard the nature of the new Local Sustainable Transport Fund, for which It is not known which vehicle technology will dominate all local transport authorities outside London are eligible the market in the long-term. We are clear that uptake of to bid and for which we expect bids for cycling related ultra-low emission vehicles (such as electric, hybrid and projects, means that the rationale for a body like Cycling fuel cell vehicles), in addition to efficiency improvements England has weakened. I would however like to in conventional vehicles, is required to meet our long acknowledge the good work the organisation has done term carbon reduction targets. EU targets for average during its existence. new car emissions are currently 130g/km by 2015, and 95g/km by 2020. Transport Analysis guidance, WebTAG, provides Departmental Conditions of Employment guidance on how to conduct appraisal of transport schemes and forecasts on key uptake assumptions for vehicle propulsion types. WebTAG is being developed Chris Ruane: To ask the Secretary of State for Transport to ensure that ultra-low emission vehicles are appropriately what assessment he has made of his Department’s represented. adherence to each of the principles of good employment practice set out in the Cabinet Office publication Principles High Speed 1: Privatisation of Good Employment Practice. [42621] Mr Chope: To ask the Secretary of State for Norman Baker: The Principles of Good Employment Transport for what reason his Department did not sell Practice were published in December 2010 with the High Speed 1 to the highest bidder; and if he will make expectation that the principles will be relevant in a statement. [39030] circumstances where Government’s employees transfer to the contractor’s work force. Since December 2010 Mr Philip Hammond [holding answer 8 February 2011]: that situation has not arisen in Department for Transport The sale of High Speed 1 was highly competitive and (DFT). the leading bids were all within a very narrow margin in If, in future, any services currently delivered by DFT terms of price. The award was made to the consortium employees transfer to the contractor’s workforce we comprising Borealis and Ontario Teachers Pension plan will ensure that suppliers are aware of the principles as the bid which best satisfied all the assessment criteria, and encourage their application. which offered the fewest modifications to the vendor’s proposed terms of sale and which represented a high level of certainty of early completion. Departmental Leaseback Arrangements Large Goods Vehicles: Tolls

Stewart Hosie: To ask the Secretary of State for John Woodcock: To ask the Secretary of State for Transport what assets his Department has sold and Transport what timetable he has set for the process of leased back over the last 12 months; what the sale price consultation and communication on the introduction was of each asset so sold; and what estimate he has of a road user charging scheme for heavy goods made of the cost to the public purse of leasing back vehicles. [46008] each such asset over the period of the lease. [45088] Mike Penning: The timetable is set out in section C4.3 Norman Baker: The Department for Transport and of the Department’s business plan 2011-15, available on its seven executive agencies have not sold and leased the Department’s website and are available in the Libraries back any assets over the last 12 months. of the House. 101W Written Answers14 MARCH 2011 Written Answers 102W

London Midland: Fares Mrs Villiers: The Department for Transport does not hold performance data for National Express East Anglia Simon Kirby: To ask the Secretary of State for at the level of detail requested. Transport whether he has received representations on Network Rail is responsible for performance data for the practice of London Midland in displaying a list of the rail industry. My hon. Friend may wish to contact individuals who have been prosecuted for seeking to Network Rail’s chief executive at the following address avoid the payment of a rail fare. [45411] for such information: David Higgins Mrs Villiers: The Department for Transport has not received any representations relating to London Midland Chief Executive publishing the names of individuals who have been Network Rail prosecuted for fare evasion. Kings Place I understand that London Midland has changed its 90 York Way policy in naming individuals and is currently exploring London, N1 9AG. alternatives, such as displaying the number of people found not to have a ticket on a certain day and station. Mr Ruffley: To ask the Secretary of State for Mayors: Transport Transport what information his Department holds on the complaints received by each railway operator Ian Mearns: To ask the Secretary of State for concerning its services on the Norwich to London Transport what plans he has for consultation on the railway line in each of the last 10 years. [45835] transfer of powers from local transport authorities to proposed elected mayors under the provisions of the Mrs Villiers: The Department for Transport does not Localism Bill; and if he will make a statement. [45255] receive this route specific information. The Office of Rail Regulation (ORR) publishes complaints handling Robert Neill: I have been asked to reply. data for the UK rail industry including some specific There is a strong case for elected mayors in our information for National Express East Anglia (NXEA) largest cities who have the powers needed for them to in National Rail Trends (NRT). This is available on the promote the success and prosperity of these cities. We ORR website at: intend to look to the cities themselves, their businesses, http://www.rail-reg.gov.uk and those who contribute to the city’s life to see just what powers might be needed. Renewable Transport Fuel Obligation Railways: Finance Christopher Pincher: To ask the Secretary of State for Andrew Gwynne: To ask the Secretary of State for Transport what timetable he has set for his proposed Transport pursuant to the written ministerial statement reform of the Renewable Transport Fuels Obligation; of 28 February 2011, Official Report, columns how long the consultation is to last; and by when he 17-18WS, on local and regional rail services, how many expects to have implemented the results of the review. local rail schemes were planned to be undertaken [45448] before April 2015. [45259] Mrs Villiers: We are aware of 11 services currently Norman Baker: Amendments to the Renewable Transport funded by local authorities and passenger transport Fuel Obligations (RTFO) Order 2007 have been considered executives (PTEs) which could be eligible for funding by to implement both the transport elements of the renewable the Department for Transport from April 2015. We are energy directive (RED) and aspects of the closely related not expecting any additional services to be introduced fuel quality directive (FQD). before April 2012 and any others introduced after then The Department has published consultation documents will not be affected by the change in date to April 2015. on amendments to the RTFO. In line with the code of practice on consultations these will last 12 weeks. The Andrew Gwynne: To ask the Secretary of State for documents are available at: Transport pursuant to the written ministerial statement http://www.dft.gov.uk/consultations/ of 28 February 2011, Official Report, columns 17-18WS, on local and regional rail services, how many scheduled As part of the consultation exercise we have set out a local rail schemes will be delayed as a result of changes timetable for implementation. The Department for to funding arrangements. [45260] Transport will analyse the responses received to the consultations carefully. We aim to lay a draft of the Mrs Villiers: It is not expected that the introduction Renewable Transport Fuel Obligations (Amendment) of any new services will be delayed by the change in Order before Parliament in autumn 2011. funding arrangements. Roads: Trans-European Networks Railways: Standards

Mr Ruffley: To ask the Secretary of State for Priti Patel: To ask the Secretary of State for Transport Transport on how many occasions rail services between how many miles of roads are identified as (a) part of Norwich and London Liverpool Street were more than Trans European Networks and (b) proposed to be (a) 15 minutes, (b) 30 minutes and (c) one hour late in designated as part of Trans European Networks in each arriving at their final destination in each year since (i) local authority area, (ii) county and (iii) region. 2007. [45834] [45164] 103W Written Answers14 MARCH 2011 Written Answers 104W

Mrs Villiers: At present it is not possible to provide Incident numbers for Shetland, Aberdeen and Forth combined information to the level of detail requested. A map (Northern Basin) showing the extent of the United Kingdom’s road 2006 2007 2008 2009 2010 network can be found using the following link: All commercial fishing 120 83 11 0 0 http://ec.europa.eu/transport/infrastructure/networks_eu/ vessels types recorded. road_en.htm Coastguard incidents 82 72 43 61 50 categorised as 2Rig on and selecting road maps by member states. We are in fire”, “Gas release or well discussion with the Commission as part of the review of kickback” and “Man the TEN-T network with the aim of aligning the TEN-T overboard” which indicate road network more closely with the Strategic National the MRCC has been Corridors for the UK. notified, but does not necessarily indicate a response was initiated. Priti Patel: To ask the Secretary of State for Coastguard incidents 191 231 233 310 314 Transport what funding he expects to be available for categorised as “Rig at muster” indicating an road improvements from EU and other sources in unscheduled alarm which relation to Trans European Networks. [45165] has been notified to the MRCC.

Mrs Villiers: European funding for transport schemes Incident numbers for Humber and Yarmouth combined (Southern is not allocated by transport mode and so it Is not Basin) possible to say what proportion of the budget is available 2006 2007 2008 2009 2010 for road improvements in an average year. In the current All commercial fishing 42 15 4 2 2 financial perspective (2007-13) the UK has been awarded vessels types recorded. over ¤95 million in funding from the TEN-T programme Coastguard incidents 94243 for road projects. categorised as “Rig on In a number of cases, the TEN-T network mirrors fire”, “Gas release or well kickback” and “Man our domestic priorities for transport. For example, 11 overboard” which indicate of the 14 forthcoming major road schemes announced the MRCC has been in October are on the Trans-European Network. These notified, but does not schemes have been provisionally allocated significant necessarily indicate a funding from the UK taxpayer. response was initiated. Coastguard incidents 105 137 124 121 129 categorised as “Rig at Priti Patel: To ask the Secretary of State for muster” indicating an Transport whether improvements to the A12 and A120 unscheduled alarm which has been notified to the could be eligible for funding through programmes MRCC. relating to Trans European Networks. [45166]

Mrs Villiers: Some parts of the A12 and the A120 are Dr Whiteford: To ask the Secretary of State for part of the UK road element of the Trans-European Transport how much has been allocated to the Network—Transport (TEN-T) and would be eligible Coastguard Marine Rescue Co-ordinating centre at for TEN-T funding. (a) Clyde, (b) Forth, (c) Aberdeen, (d) Shetland and (e) Stornoway in each of the last five years. [45000] However, TEN-T funding is only available to reimburse projects that have already confirmed full funding from another source. Mike Penning: The Maritime and Coastguard Agency does not allocate its budget on an individual Maritime, Rescue and Co-ordination Centre basis. This reflects Sea Rescue the fact that the Agency operates nationally, with only some costs attributable to individual centres by virtue of where they are domiciled, and others being part of Dr Whiteford: To ask the Secretary of State for the national infrastructure and thus not separately Transport how many times coastguard services have identifiable. been involved in operations relating to North Sea (a) offshore oil and gas installations and (b) fishing vessels Dr Whiteford: To ask the Secretary of State for in each of the last five years. [44999] Transport what use the Coastguard has made of emergency towing vessels in operations in the last five Mike Penning: The following information has been years. [45002] taken from the coastguard incident management system and is as accurate as the codes used to describe the Mike Penning: Between 2006 and 2010, the coastguard characteristics of an incident. There may be a regional used the four emergency towing vessels (ETVs) on a disparity in the use of these codes over that past four total of 182 occasions. Of this, 134 were incidents where years, due to ongoing industrial action short of strike. ETVs were sent to stand-by vessels, but where they were To provide more detailed analysis of these figures for not required to render towage services. This would operations relating to offshore oil and gas installations typically be where a vessel had broken down in open sea would incur disproportionate costs. and was drifting until repairs had been completed, or 105W Written Answers14 MARCH 2011 Written Answers 106W where a vessel’s owners had arranged for a tug belonging Mrs Villiers: The continuation criteria for the to another towage company to attend on scene to assist Southeastern franchise are set out in Schedule 18 of the their vessel. National Rail franchise terms. A link to the NRFT can The coastguard also dispatched ETVs on 48 occasions be found at the following address: to assist disabled vessels in circumstances where a tow http://www.dft.gov.uk/pgr/rail/passenger/publicregister/ was connected. In all cases the ensuing towage services current/lser/lsernational.pdf were the subject of a commercial towage agreement or Third Sector the performance of an act of salvage by the tug operator. The ETVs carry out further supplementary work. Chris Ruane: To ask the Secretary of State for The Western Isles ETV undertakes passive escort duties Transport what steps his Department has taken to in the Minches, and one ETV undertakes hydrographic support the Big Society initiative. [42647] survey work during the summer season. Norman Baker: I refer the hon. Member to my Dr Whiteford: To ask the Secretary of State for answer given on 3 February 2011, Official Report, Transport on how many occasions coastguard services columns 876-77W. have worked in conjunction with search and rescue helicopter services in Scotland in the last five years. West Coast Railway Line: Rolling Stock [45003] Mr Brady: To ask the Secretary of State for Mike Penning: Figures for the number of times the Transport what assessment his Department has made coastguard services have worked in conjunction with of the costs and benefits that would arise from the search and rescue (SAR) helicopter services in Scotland introduction of double-deck passenger trains on the for each of the last five years are set out in the following West Coast Mainline. [45939] table. Mrs Villiers: In 2007, the Department for Transport Number asked Network Rail to carry out preliminary work to 2010 1395 assess the case for longer or double deck trains as a way of providing additional capacity on the rail network. 2009 1392 Due to the infrastructure changes that would be required, 2008 1352 1 the report concluded that lengthening trains is a more 2007 492 cost-effective solution. 2006 410 1 The quality of information from 2007 onwards may be affected by industrial action short of a strike. The above figures include information on the use of ENERGY AND CLIMATE CHANGE all air facilities available to HM Coastguard not just dedicated SAR aircraft. They also include information Biomass on secondary use of SAR aircraft for inter-hospital transfers, inland incidents where maritime SAR assets Glyn Davies: To ask the Secretary of State for Energy have been deployed through HM Coastguard, and exercises and Climate Change what recent assessment he has and training. made of the use of biomass in his Department’s In 2007, the contract provider for HM Coastguard renewable energy strategy. [46028] helicopter provision changed. Stornoway moved to the new contract provider in July 2007 and Sumburgh in Charles Hendry: The UK Renewable Energy Action October 2007. This change necessitated additional training Plan, published last summer, shows we expect the use of requirements and this additional provision is included biomass in the UK heat and power sector to deliver in the above figures. Without exercises, training and around 6,085 ktoe (kilotonnes of oil equivalent) of faults, the figures are as follows: renewable energy generation per year by 2020. This equates to biomass heat and electricity contributing Number around 30% of the renewable energy needed to meet the UK’s renewable energy target in 2020. 2010 1339 2009 1347 Climate Change: Arctic 2008 1339 1 2007 422 Frank Dobson: To ask the Secretary of State for 2006 383 Energy and Climate Change what assessment has been 1 The quality of information from 2007 onwards may be affected by made of the level of Arctic ice melt in the summer of industrial action short of a strike. 2011 in comparison to the summer of 2010. [45365] Southeastern: Franchises Gregory Barker: Forecasts of the late summer Arctic sea ice minimum can only be made a few months ahead, Andrew Gwynne: To ask the Secretary of State for so will not be available until June at the earliest. In 2010 Transport what levels of service the train operating summer sea ice was the third lowest since satellite company operating the Southeastern rail franchise is records began in 1979. So far in 2011 the sea ice extent expected to meet to be considered for renewal of the has continued to be significantly lower than the 1979 to franchise. [43444] 2000 average. 107W Written Answers14 MARCH 2011 Written Answers 108W

Dementia: Older People Department has with (a) advertising, (b) opinion polling and (c) marketing agencies or companies; and Tessa Munt: To ask the Secretary of State for Energy what the (i) scope, (ii) purpose and (iii) cost is of each and Climate Change if he will amend the Simplified such contract. [45519] Route Map in section 2.10 of the draft National Policy Statement on Electricity Networks Infrastructure (EN-5) to take into account recent research into Gregory Barker: DECC currently has eight projects neurodegenerative diseases of old age. [45517] with ‘opinion polling’ agencies, including qualitative Charles Hendry: The simplified route map in section 2.10 and quantitive research, budgeted at a total of £995,650 of the draft National Policy Statement on Electricity (ex VAT). Networks Infrastructure (EN-5) is a visual representation Three of the projects have been designed to inform of the decision making process to which the Infrastructure the development and rollout of Green Deal. Other Planning Commission and other interested parties can contracts include projects to: benchmark energy use refer when implementing Government policy with regard among householders; evaluate the Carbon Emissions to Electric and Magnetic Fields associated with high Reduction Target; evaluate the Low Carbon Communities voltage power lines and reflects the process outlined in Challenge; inform DECC’s stakeholder relationships; the previous section. For these reasons, it would not be and shape the my2050 energy pathways game and schools’ an appropriate place to take account of any new research toolkit. Agencies include IPSOS Mori, GfK NOP, and on possible health effects. Quadrangle. DECC has no contracts with advertising Departmental Contracts or marketing agencies. Luciana Berger: To ask the Secretary of State for Details of current contracts with research agencies Energy and Climate Change what contracts his are shown in the following table.

Type (e.g. Advertising, Opinion Polling/Research, Agency Marketing) Scope Purpose Budget (ex VAT) (£)

GfK NOP Research Survey of members of the public To inform the rollout of the Green Deal 140,000 IPSOS Mori Research Qualitative research with home To inform various features of the Green 81,940 owners (including vulnerable Deal groups) and SMEs Quadrangle Research Qualitative research with domestic Identifying how best to engage the Private 59,800 and non-domestic tenants and Rented Sector in the Green Deal and landlords drive demand IPSOS Mori Research Statistical analysis to create To create credible benchmarks for energy 68,000 benchmarks use among households IPSOS Mori Research Policy evaluation of the Carbon To assess how the scheme is being delivered 135,000 with CAG Emissions Reduction Target in practice, and examine take-up by Consulting (CERT) householders. and BRE GfK NOP Research This is a two year contract covering To evaluate the impact of the LCCC projects 397,000 years 2009-10 and 2010-11. Covers households in 22 Low Carbon Community Challenge regions and five control areas, plus a nationally representative sample IPSOS Mori Research Survey of 250 of DECC’s To inform stakeholder relationships. 24,750 stakeholders IPSOS Mori Research Deliberative fora including pilot These dialogues will help to shape the 89,160 dialogues, my2050 ‘game’ feedback, online digital assets and schools toolkit and toolkit development

Departmental Manpower groups of technologies. As of 1 February 2011, the number of staff working in the three low carbon offices Caroline Lucas: To ask the Secretary of State for were as follows: Energy and Climate Change how many staff are employed full-time by his Department to undertake work on or Number relating to (a) nuclear energy, (b) coal, including carbon capture and storage, (c) natural gas, including carbon Office of Nuclear Development 52 capture and storage, (d) renewable gas, biomethane Office for Renewable Energy 77 injection, (e) solar photovoltaic, (f) onshore wind, (g) Development offshore wind, (h) wave and tidal, (i) deep geothermal, Office for Carbon Capture and 30 (j) solar thermal, (k) heat pumps, (l) biomass boilers Storage and combined heat and power, (m) hydroelectric power, (n) biomass power and (o) anaerobic digestion; and if he will make a statement. [46355] It is not possible to give more detailed numbers of staff for specific technologies within these broad areas Gregory Barker: The Department of Energy and as staff work across different policy areas within these Climate Change has teams that focus on particular teams. 109W Written Answers14 MARCH 2011 Written Answers 110W

Departmental Procurement (a) Projects engaged upon by the Department of Energy and climate Change (DECC): Contract for legal support, advice and claims handling Stephen Barclay: To ask the Secretary of State for associated with the former British Coal Corporation: A Energy and Climate Change how many procurement senior responsible officer (SRO) has been in place since projects with a monetary value greater than (a) £10 August 2009. million, (b) £50 million and (c) £100 million (i) his Department and (ii) each non-departmental public Project for Carbon Capture and Storage (CCS): SRO body for which he is responsible was engaged upon in in place since May 2007. the latest period for which figures are available. [45557] (b) Projects engaged upon by the Department’s non departmental public bodies: Gregory Barker: The information is as follows: Contract for a new corporate information system for the Coal Authority: SRO in place since January 2008. (i) The Department of Energy and Climate Change (DECC) has tendered or awarded the following contracts Project by the Nuclear Decommissioning Authority since April 2009: for facilities management services: This project is currently being tendered. No SRO is in place at the moment. (a) Projects with a monetary value of greater than Project under tender by the Nuclear Decommissioning £10 million: Authority to appoint a parent body organisation for the One contract has been let for legal support, advice Dounreay Site Licence Company: SRO in place since and claims handling associated with the former British July 2009. Coal Corporation. (b) Projects with a monetary value between £50 and Departmental Rail Travel £100 million: No contracts have been awarded and no projects are Mr Godsiff: To ask the Secretary of State for Energy being tendered. and Climate Change how many and what proportion (c) Projects with a monetary value of £100 million or of civil servants in his Department are entitled to travel more: first class by rail within the UK. [47072] One project is under tender for Carbon Capture and Gregory Barker: No Department of Energy and Climate Storage (CCS). Change (DECC) staff are automatically entitled to (ii) The Department’s non-departmental public bodies travel by first class rail on business within the UK. All are engaged in the following contracts: staff are expected to use standard class unless there is a clear need for travelling by first for example: (a) Projects with a monetary value of greater than £10 million: Where first class is cheaper than standard class Where there are no standard class seats left on the train One contract has been let by the Coal Authority for a Where there are no standard class facilities to accommodate new corporate information system. disabled or other specials needs requirements A further project is currently being tendered by the Any first class rail travel must be approved by the Nuclear Decommissioning Authority for facilities relevant deputy director. management services. (b) Projects with a monetary value between £50 and Departmental Scientists £100 million: No contracts have been awarded and no projects are Luciana Berger: To ask the Secretary of State for being tendered. Energy and Climate Change how many and what (c) Projects with a monetary value of £100 million or proportion of senior civil servants employed directly by more: his Department hold degrees in a scientific discipline. [46308] One project is currently being tendered by the Nuclear Decommissioning Authority to appoint a Parent Body Gregory Barker: DECC does not hold this information Organisation for the Dounreay Site Licence Company. centrally and to gather this would exceed the disproportionate cost threshold. Stephen Barclay: To ask the Secretary of State for Energy and Climate Change which procurement Departmental Written Questions projects engaged upon by (a) his Department and (b) each non-departmental public body for which he is Thomas Docherty: To ask the Secretary of State for responsible had a designated senior responsible owner Energy and Climate Change what proportion of in the latest period for which figures are available; and written questions tabled to him for answer on a named on what date each officer was appointed in each such day did not receive a substantive answer on the day case. [45558] named for answer between 27 May 2010 and 9 March 2011. [46557] Gregory Barker: I refer my hon. Friend to the answer I gave him today to question 45557: a £10 million Gregory Barker: During this period, 196 named day threshold has been applied to this answer. To investigate questions have been tabled to the Department. Of these, smaller projects would incur disproportionate costs. 152 (77%) were answered on the named day. 111W Written Answers14 MARCH 2011 Written Answers 112W

Devolution: Northern Ireland Installation of underground cables is permitted development under the Town and Country Planning Mr Gregory Campbell: To ask the Secretary of State (General Permitted Development) Order (1995) as for Energy and Climate Change whether his special amended. In view of these permitted development rights advisers on climate change have met representatives of there is generally no need for proposals for the underground (a) the Northern Ireland Executive and (b) other cable elements of a project to be caught by the Planning organisations in Northern Ireland since their Act regime, although (in England) it would be possible appointment. [46601] for the developer to include aspects of an underground scheme other than the cable itself (such as sealing end Gregory Barker: No. compounds) in a Planning Act application as associated development. If the installation of an underground Electricity Supply cable would be likely to have a significant effect on a site protected by the Conservation of Habitats and Species Tessa Munt: To ask the Secretary of State for Energy Regulations 2010, the developer would have to seek the and Climate Change if he will provide guidance to approval of the local planning authority before proceeding National Grid on the application of the 1959 Holford to rely on general permitted development rights. Rules to electricity network infrastructure on overhead Applications for sub-sea cables are considered by the lines to ensure that where mitigation measures under Marine Management Organisation under the Food and these rules cannot be achieved the company is required Environment Protection Act 1985 (FEPA)—to be to utilise other means of connection. [45500] superseded in April this year by a new marine licensing regime under the Marine and Coastal Access Act 2009. Charles Hendry: The Holford Rules are designed to The Infrastructure Planning Commission in England help developers draw lines on the map when considering can consent a sub-sea cable as associated development possible routes for overhead electricity lines in a way if it forms part of the infrastructure for an offshore which is likely to have less, rather than more, adverse generating station by granting a deemed FEPA Licence visual impact. They are not a basis for deciding whether or marine licence under (respectively) section 149 or a particular proposal is acceptable or not on landscape 149(A) of the Planning Act. and visual grounds. The final decision will take account of all relevant factors, and therefore we do not believe Tessa Munt: To ask the Secretary of State for Energy that further guidance is needed. and Climate Change what account he has taken in his revised policy on the generation of power of the methods Tessa Munt: To ask the Secretary of State for Energy of the connection for that power to the national grid. and Climate Change if he will discuss with National [45503] Grid the account taken by its consultation exercise on Charles Hendry: Much of the new low carbon electricity the revised approach to undergrounding cables of the generation infrastructure (including many renewable results of the recent studies on the comparative costs of technologies and nuclear generation) required to support overhead lines, underground cables and sub-sea cable the delivery of the UK’s climate change obligations and as means of connection of energy sources to the ensure energy security will need to be located in places National Grid. [45501] where there is no existing transmission network infrastructure. Significant reinforcement of the electricity Charles Hendry: This consultation exercise is a transmission network will therefore be required over the commercial matter for National Grid. I understand that coming years to ensure this new generation can be National Grid will consider all relevant studies, and connected, and the Government have taken this network envisages that the consultation will remain open for expansion into account in the draft energy national some time after the IET/KEMA study on the practicality, policy statements. The impacts and costs of different costs and impacts of undergrounding and subsea cabling connection methods, such as overhead lines and as alternatives to overhead lines is published, so that underground cables, will vary considerably from one findings can be taken into account. project to another, and each project in England and Wales will therefore be assessed by the Infrastructure Tessa Munt: To ask the Secretary of State for Energy Planning Commission individually on the basis of its and Climate Change what planning and development specific circumstances. The Government intend to finalise control applies to the connection of electricity supply and formally approve the energy national policy statements to the national grid via (a) overhead cables, (b) in spring 2011. underground cables and (c) sub-sea cables; and if he will make a statement. [45502] Tessa Munt: To ask the Secretary of State for Energy and Climate Change whether he plans to amend the Charles Hendry: The Planning Act 2008 provides for draft Overarching Energy National Policy Statement applications for development consent in respect of nationally (EN-1) and the draft National Policy Statement (EN-5) significant infrastructure projects (NSIPs) to be examined on Electricity Networks Infrastructure to ensure that and decided by the Infrastructure Planning Commission overhead electricity lines are not vulnerable to terrorist (IPC), and for the Government to set out policy on the attack. [45505] consenting of such projects in National Policy Statements. In the case of electricity network infrastructure, NSIPs Charles Hendry: The Government have in place a are defined as overhead electricity lines whose nominal resilience programme to reduce the vulnerability of voltage is expected to be 132 kV or above. The Government important national assets, including energy assets, to intend to finalise and formally approve the energy National disruption either from natural hazards or other threats, Policy Statements in spring 2011. including acts of terrorism. 113W Written Answers14 MARCH 2011 Written Answers 114W

If the Government considered that there was an New guidance for 1 Hz to 100 kHz was published by increased terrorist threat to power lines specifically, the International Commission on Non-Ionizing Radiation there is already scope within the national policy statement Protection (ICNIRP) in December 2010. However, (EN-1) to address our concerns. Section 4.15 of EN-1 Government policy remains that we apply the 1998 (as follows) incorporates the requirement for the Centre ICNIRP guidelines in terms of the 1999 European for the Protection of National Infrastructure (CPNI) Union (EU) recommendation for public exposure levels and DECC to confirm to the Infrastructure Planning to EMFs. If the EU decides to revise its recommendation Commission that security issues have been given adequate to member states based on the new 2010 ICNIRP consideration for any energy infrastructure where national guidance, then at that time the Department of Health security considerations have been identified. This will consider how that affects UK policy. If this policy requirement could apply to overhead lines as well as changes as a result of the recommendation we will then other energy infrastructure, so no changes to the NPS look to review EN-5 to ensure that it is still relevant. are necessary. Extract from EN-1 Environment Protection 4.15 Security considerations 4.15.1 National security considerations apply across all national Mr Bain: To ask the Secretary of State for Energy infrastructure sectors including energy.DECC has lead responsibility and Climate Change what policy outcomes to promote for security of the energy sector. It works closely with Government growth in environmentally friendly industries his security services including the Centre for the Protection of National Department (a) has developed and (b) plans to develop Infrastructure (CPNI) to reduce the vulnerability of the most ‘critical’ infrastructure assets in the sector to terrorism and other following the Green Breakfast meeting with ministerial national security threats. The Office for Civil Nuclear Security colleagues hosted by the Secretary of State for Environment, (OCNS) is the security regulator for the UK’s civil nuclear industry. Food, and Rural Affairs on 8 March 2011; and if he will 4.15.2 Government policy is to ensure that, where possible, make a statement. [46055] proportionate protective security measures are designed into new infrastructure projects at an early stage in the project development. Gregory Barker: The Green Breakfast meeting is an Where applications for development consent for infrastructure informal working group, hosted by the Secretary of covered by this NPS relate to potentially ‘critical’ infrastructure, State for the Environment, Food and Rural Affairs. It there may be national security considerations. considers practical issues related to the Government’s 4.153 DECC will be notified at pre-application stage about commitment to deliver sustainable growth. Cabinet every likely future application for energy NSIPs, so that any national security implications can be identified. Where national Committees remain the place for policy decisions to be security implications have been identified, the applicant should made. consult with relevant security experts from CPNI, OCNS and The Department is working closely with DEFRA DECC to ensure that physical, procedural and personnel security and BIS on a ‘Roadmap for a Green Economy’ to be measures have been adequately considered in the design process published in the spring. This will set out for a business and that adequate consideration has been given to the management audience the Coalition Government’s policy framework of security risks. If CPNI, OCNS and/or DECC are satisfied that security issues have been adequately addressed in the project for growing the green economy. when the application is submitted to the IPC, it will provide confirmation of this to the IPC. The IPC should not need to give Environment Protection: Job Creation any further consideration to the details of the security measures in its examination. 4.15.4 The applicant should only include sufficient information Luciana Berger: To ask the Secretary of State for in the application as is necessary to enable the IPC to examine the Energy and Climate Change what definition of the development consent issues and make a properly informed decision term green job his Department uses. [45155] on the application. 4.15.5 In exceptional cases, where examination of an application Mr Prisk: I have been asked to reply. would involve public disclosure of information about defence or While there is no fixed definition of a green job, it national security which would not be in the national interest, the should include jobs created, particularly in the low Secretary of State can intervene and examine a part or the whole of the application. In that case, the Secretary of State may carbon, renewable and environmental goods and services appoint an examiner to consider evidence in closed session, and sector, as well as jobs that change in line with sectors the Secretary of State would be the decision maker for the undergoing transformation through a greening of the application. economy. Data commissioned by BIS estimates that in 2008-09 the low carbon environmental goods and services Electromagnetic Fields: Leukaemia sector in the UK employed around 910,000 people.

Tessa Munt: To ask the Secretary of State for Energy Luciana Berger: To ask the Secretary of State for and Climate Change if he will amend the draft Energy and Climate Change (1) what estimate he has National Policy Statement on Electricity Networks made of the number of green jobs created since May Infrastructures (EN-5) in accordance with the recent 2010; [45156] International Commission on Non-Ionizing Radiation Protection’s guidelines for limiting exposure to time- (2) what information his Department holds on the varying electric and magnetic fields (1 Hz to 100 kHz) number of green jobs created since May 2010 in each (a) company and (b) region. [45157] in respect of childhood leukaemia. [45513]

Charles Hendry: The Department of Health is responsible Mr Prisk: I have been asked to reply. for the assessment of risks to human health from electric The Department for Business, Innovation and Skills and magnetic fields (EMFs), and they in turn advise (BIS) does not hold data on the number of green jobs other Departments including DECC. created since May 2010. 115W Written Answers14 MARCH 2011 Written Answers 116W

Data commissioned by BIS estimates that in 2008-09 Liquefied Natural Gas: Security the low carbon environmental goods and services sector in the UK was made up of 52,260 companies and Glyn Davies: To ask the Secretary of State for Energy employed 910,000 people. Employment estimates by and Climate Change what recent assessment he has region are: made of the security of liquefied natural gas operations. [45960] Region Employment

Yorkshire and Humber 67,688 Charles Hendry: In 2010, provisional figures show West Midlands 74,069 that liquefied natural gas (LNG) accounted for 35% of Wales 40,838 UK gas imports, or around 16% of gross demand. The South West 75,828 majority (around three quarters) of LNG imports came South East 116,913 from Qatar, with the remainder largely sourced from Trinidad and Tobago, Algeria, and Norway. Scotland 76,041 North West 89,671 DECC assesses that there is not currently a significant North East 37,661 risk of disruption to LNG operations in the above Northern Ireland 30,874 countries, or to major shipping routes. LNG operations London 156,576 and shipping through the Suez canal have continued East of England 82,778 uninterrupted throughout the recent unrest in Egypt and Tunisia, and LNG infrastructure is well protected. East Midlands 60,845 The UK has low direct dependence for gas on countries in the middle east and north Africa (MENA) region, and any loss of LNG supplies from MENA countries Green Investment Bank: Scotland could be replaced by alternate sources. This analysis is regularly reviewed. Tom Greatrex: To ask the Secretary of State for In terms of the security and resilience of LNG operations Energy and Climate Change how many meetings he in the UK, the Government have in place a resilience has had with the Secretary of State for Scotland on the programme to reduce the vulnerability of important Green Investment Bank; and on which date each national assets, including energy assets, to disruption meeting took place. [46183] either from natural hazards or other threats, including acts of terrorism. Working with the Centre for the Gregory Barker: The Secretary of State for Energy Protection of National Infrastructure (CPNI), Dyfed-Powys and Climate Change, my right hon. Friend the Member and Kent police, as well as the operators of these for (Chris Huhne), meets regularly with Cabinet facilities, we ensure our collective response remains colleagues, including the Secretary of State for Scotland, proportionate to the risk. my right hon. Friend the Member for Berwickshire, The Government also have robust plans in place, Roxburgh and Selkirk (Michael Moore). The Green together with energy companies, the police and other Investment Bank is one of many topics discussed at emergency services, to deal with an energy emergency in these meetings. the UK.

Nuclear Power Hydrogen: Nanotechnology Andrew Griffiths: To ask the Secretary of State for Steve Baker: To ask the Secretary of State for Energy Energy and Climate Change whether his Department and Climate Change if he will assess the potential holds records of the number of local authorities which effects of developments in hydrogen storage at ambient operate nuclear-free zones. [46274] pressures and temperatures using nano-structures on (a) road vehicles, (b) ships, (c) aircraft, (d) offshore Charles Hendry: The Department does not hold records wind turbines and (e) portable devices; and if he will of the number of local authorities which operate nuclear make a statement. [45350] free zones.

Charles Hendry: Hydrogen is one of a number of Solar Power potential future, low carbon solutions in which the Government are interested. Huw Irranca-Davies: To ask the Secretary of State for The development of low cost hydrogen storage methods Energy and Climate Change if he will benchmark the coupled with low cost methods of making clean or UK’s performance on the use of solar photovoltaics green hydrogen could make hydrogen an interesting against other EU member states. [45788] proposition for a wide range of transport and energy applications. Gregory Barker: The UK is a member of the We believe this is inspired by Cella Energy Ltd who International Energy Agency Photovoltaic Power Systems recently won the Shell Springboard 2011 competition (PVPS) programme, which includes other EU members for innovation. states. The annual report includes information on PV Their invention uses nanotechnology to store hydrogen developments in each of the 24 participating countries. in microbeads. They claim that when these beads are The 2010 annual report is about to be released and heated they produce energy which could fuel cars, lorries, further information is available on the PVPS website at: ships or planes. http://www.iea-pvps.org/ 117W Written Answers14 MARCH 2011 Written Answers 118W

Huw Irranca-Davies: To ask the Secretary of State Vinyl Acetate for Energy and Climate Change what proportion of the UK’s renewable energy he expects to come from solar Mr Graham Stuart: To ask the Secretary of State for photovoltaics generation in (a) 2011, (b) 2015, (c) Energy and Climate Change whether his Department 2020, (d) 2025 and (e) 2030. [45791] has made an assessment of the effect on the environment of (a) importing vinyl acetate produced Gregory Barker: The proportion of renewable energy from shale gas in the US and (b) using vinyl acetate predicted to come from solar photovoltaics is given in made in Europe through other means; and if he will the following table. The current feed-in tariff scheme make a statement. [44566] provides support from 2010-20, therefore, the following table only provides figures out to 2020. The estimates Charles Hendry: The Department has not made an are consistent with figures produced for the UK National assessment of the relative effect on the environment of Action Plan importing vinyl acetate produced from shale gas in the http://www.decc.gov.uk/en/content/cms/what_we_do/ US and using vinyl acetate made in Europe through uk_supply/energy_mix/renewable/ored/ukaction_plan/ other means. uk_action_plan.aspx Percentage renewable energy from solar photovoltaics Wind Power: Feed-in Tariffs Percentage Julian Sturdy: To ask the Secretary of State for 2011 <0.5 Energy and Climate Change what plans he has for the 2015 1 future of renewable energy feed-in tariffs for wind 2020 1 turbines. [44540] Notes: 1. Figures are rounded to the nearest 0.5%. Charles Hendry: The first comprehensive review of 2. Projections for solar photovoltaics uptake are consistent with analysis undertaken for the final impact assessment for feed-in tariffs, the feed-in tariffs (FITs) scheme is currently under way see: in which all aspects of the scheme will be considered http://www.decc.gov.uk/en/content/cms/consultation/elec_financial/ including tariff levels and eligible technologies. elec_financial.aspx for further information. Figures have not been provided beyond 2020 as estimates are not available on the same basis as the estimates for 2010-20. ATTORNEY-GENERAL Caroline Lucas: To ask the Secretary of State for Departmental Manpower Energy and Climate Change what meetings (a) he and (b) Ministers in his Department have had with their Catherine McKinnell: To ask the Attorney-General counterparts in the Department for Business, how many staff the Attorney-General’s Office expects Innovation and Skills on the (i) economic and (ii) to employ at the end of (a) March 2011 and (b) each employment opportunities in the solar photovoltaic subsequent financial year in the comprehensive sector; and if he will make a statement. [46354] spending review period. [46240]

Gregory Barker: DECC and BIS Ministers have regular The Attorney-General: The Attorney-General’s Office discussions on a range of issues which includes economic currently employs 41 staff. There are no current plans to and employment opportunities in the solar photovoltaic change this number during the comprehensive spending sector. review period. Solar Power: Feed-in Tariffs Departmental Ministerial Policy Advisers Christopher Pincher: To ask the Secretary of State for Mr Gregory Campbell: To ask the Attorney-General Energy and Climate Change if he will consider how much the Law Officers’ Departments have spent financial incentives for solar photovoltaics other than on (a) salaries and (b) pension entitlements for special feed-in tariffs. [45427] advisers in the financial year 2010-11 to date. [46587] Gregory Barker: Solar Photovoltaics can already qualify for the feed-in tariff or for the renewables obligation. As The Solicitor-General: Nothing. a microgenerating technology, they also qualify for a Departmental Procurement lower rate of VAT on domestic installations. We have no current plans to introduce further financial incentives. Stephen Barclay: To ask the Attorney-General which Huw Irranca-Davies: To ask the Secretary of State procurement projects engaged upon by (a) the Law for Energy and Climate Change what timetable he has Officers’ Departments and (b) the agency for which he set for the fast track review of the feed-in-tariff for is responsible had a designated senior responsible owner solar photovoltaics. [45970] in the latest period for which figures are available; and on what date that officer was appointed in each such Gregory Barker: We will be launching the fast-track case. [45544] consultation this month. The fast-track review is subject to consultation and parliamentary scrutiny as required The Attorney-General: During the financial year 2009-10, by the Energy Act 2008. We intend to bring clarity and the Crown Prosecution Service (CPS) was engaged in certainty to the market as soon as possible and envisage two procurement projects that had a designated senior this process to be completed by summer recess. responsible owner (SRO). The first project was for the 119W Written Answers14 MARCH 2011 Written Answers 120W extension of the Department’s existing private finance AGO will continue to identify efficiencies throughout initiative (PFI) contract for information and the CSR period particularly taking up opportunities to communications technology (ICT) services. The second renegotiate contracts to drive down cost and increase project was led by the CPS on behalf of a number of value for money. prosecuting agencies for the procurement of electronic Departmental Redundancy presentation of evidence (EPE) services. The senior responsible owner was appointed at the Catherine McKinnell: To ask the Attorney-General start of each project. (1) how much funding the Attorney-General’s Office During the financial year 2010-11 to date, the CPS has allocated to redundancy costs in each financial has been engaged in no further procurement projects year from 2011-12 to 2014-15; [46225] for which a designated SRO was appointed. (2) how much funding the Attorney-General’s Office The Treasury solicitors routinely appoint SRO’s to be has allocated to redundancy costs in 2010-11; [46244] responsible for the delivery of major projects as part of (3) how much the Attorney-General’s Office has its normal project governance arrangements. SRO’s are spent on redundancy costs in 2010-11 to date; [46242] appointed at the start of projects. (4) how many staff the Attorney-General’s Office During the 2010-11 period, three projects were subject has made redundant in 2010-11 to date; and from what to routine reports to the Department’s board, each roles staff have been made redundant; [46241] project had a designated SRO: (5) how many staff the Attorney-General’s Office 1. Development of a case management system (SRO appointed expects to make (a) voluntarily and (b) compulsorily in December 2007) redundant in each financial year from 2011-12 to 2. Renewal of the legal information online (LION) site for the 2014-15; and from what roles such staff are expected to Government Legal Service (SRO appointed in December 2009) be made redundant; [46228] 3. Development of a disaster recovery site for the Department (6) how many staff the Attorney-General’s Office (SRO appointed in August 2009), Project completed December expects to make (a) voluntarily and (b) compulsorily 2010. redundant in 2010-11; and from what roles such staff The remaining Law Officers’ Departments have not are expected to be made redundant. [46243] engaged upon any major procurement projects requiring a designated SRO during the last two years. The Attorney-General: The Attorney-General’s Office have not made any staff redundant in 2010-11 and do not expect to make any staff redundant from 2011-12 to Departmental Public Expenditure 2014-15. The Attorney-General’s Office has not allocated any funding to redundancy costs in the period 2010 Catherine McKinnell: To ask the Attorney-General to 2015. what the (a) resource and (b) capital budget of the Departmental Regulation Attorney-General’s Office (i) is in 2010-11 and (ii) will be in each year of the comprehensive spending review Gordon Banks: To ask the Attorney-General what period. [46230] regulations the Law Officers’ Departments introduced between 9 and 28 February 2011. [47055] The Attorney-General: The Attorney-General’s Office resource and capital budgets are shown in the following The Solicitor-General: None. The Law Officers’ table: Departments seldom have any reason to introduce new regulations. £ DNA: Databases Resource Capital

2010-11 4,477,000 100,000 Valerie Vaz: To ask the Attorney-General what recent 2011-12 4,500,000 100,000 discussions he has had with the Secretary of State for 2012-13 4,500,000 100,000 the Home Department on the potential effects on rape 2013-14 4,500,000 100,000 conviction rates of proposals to change the length of 2014-15 4,500,000 100,000 time for which DNA of suspects is retained. [46671] The Attorney-General: There have been no such Catherine McKinnell: To ask the Attorney-General discussions. The Crown Prosecution Service prosecutes under what budget headings reductions in expenditure cases investigated by the police and applies the Code for will be made by the Attorney-General’s Office Crown Prosecutors in making changing decisions. following the outcome of the comprehensive spending review; and by how much expenditure will be reduced under each heading. [46245] WORK AND PENSIONS Children: Maintenance The Attorney-General: The Attorney-General’s Office reduced costs during 2010-11 in preparation for the Graeme Morrice: To ask the Secretary of State for comprehensive spending review. Work and Pensions how many resident parents in The annual budget reductions achieved were a reduction Livingston constituency use the Child Support Agency of circa £895,000 in staff costs, a reduction of approximately and the Child Maintenance and Enforcement Commission £75,000 for ministerial cars and a reduction of to enforce child maintenance payment arrangements. approximately £300,000 in accommodation costs. [43204] 121W Written Answers14 MARCH 2011 Written Answers 122W

Maria Miller: The Child Maintenance and Enforcement Departmental Public Expenditure Commission is responsible for the child maintenance system. I have asked the Child Maintenance Commissioner Mr McFadden: To ask the Secretary of State for to write to the hon. Member with the information Work and Pensions how much his Department has requested and I have seen the response. spent on newspapers and magazines since May 2010. Letter from Stephen Geraghty: [38535] In reply to your recent Parliamentary Question about the Child Support Agency, the Secretary of State promised a substantive Chris Grayling: Information on the amount spent on reply from the Child Maintenance Commissioner as the Child newspapers and magazines for the nine months from Support Agency is now the responsibility of the Child Maintenance May 2010 is as follows. and Enforcement Commission. You asked the Secretary of State for Work and Pensions, how Period Newspaper/magazine spend (£) many resident parents in Livingston constituency use the Child Support Agency and the Child Maintenance and Enforcement May 2010 to January 2011 20,173.07 Commission to enforce child maintenance payment arrangements. [43204] Information on the amount spent on newspapers and The number of live and assessed cases currently being handled magazines for the nine months from May 2009 to by the Child Support Agency where the parent with care lives in January 2010 as a comparative figure is as follows. Livingston parliamentary constituency is 2,700 in the quarter ending December 2010. This includes cases where the non-resident Period Newspaper/magazine spend (£) parent has a liability to pay child maintenance or ongoing child maintenance. The figure also includes cases where arrears of child May 2009 to January 2010 29,712.54 maintenance have been requested from the non-resident parent, or the non-resident parent has been assessed as not owing child This represents a 32% reduction in expenditure. maintenance. The Department is reviewing all expenditure with a I hope you find this answer helpful. view to driving out inefficiencies and delivering value for money for the taxpayer. Council Tax Benefits Disability Living Allowance : To ask the Secretary of State for Work and Pensions whether he expects to place Mr Lammy: To ask the Secretary of State for Work constraints on the (a) taper rate and (b) other features and Pensions pursuant to the answer to the hon. Member of the future council tax benefit scheme offered by for Loughborough of 16 February 2011, Official Report, local authorities. [46282] column 809W, on disability living allowance, (1) which claimants of disability living allowance will be re-assessed Robert Neill: I have been asked to reply. for eligibility for the personal independence payment; Promoting work incentives is at the heart of the [43327] programme of welfare reform. In developing their plans (2) what differences there will be between the assessment for a new system for local council tax rebate schemes, for the disability living allowance and the assessment the Government have been clear that the changes should for the personal independence payment; [43386] support the positive work incentives that will be introduced (3) what estimate he has made of the cost to the through the Government’s plans on universal credit. A public purse of the re-assessment of those transferring full consultation on the new system in England will be from disability living allowance to personal independence undertaken in due course. payment. [43387]

Departmental Billing Maria Miller: Eligibility for disability living allowance is based on care and mobility needs. The current assessment Stewart Hosie: To ask the Secretary of State for for disability living allowance is subjective and inconsistent. Work and Pensions what proportion of invoices from We want to ensure support is targeted on those disabled suppliers his Department paid within 10 days of receipt people who are most impacted by their health condition in January and February 2011. [45079] or impairment. Personal independence payment will support disabled people to lead full, active and independent Chris Grayling: The Department for Work and Pensions lives and the assessment will consider their ability to became a signatory to the Prompt Payment Code in carry out a range of key day-to-day activities. We are March 2009 and set a target to pay 90% of correct developing the assessment with a group of independent invoices within 10 days of receipt. This target applies to specialists in health, social care and disability. It is still all invoices paid by the department and its agencies being developed and the detailed criteria will be set out which are covered by a single finance system. The target in regulations. has been met consistently since the signing of the code. From 2013-14 we will begin a managed programme The percentage of all supplier payments made within to reassess the existing DLA working-age caseload and 10 days of receipt of an invoice for the requested transfer people to personal independence payment. We months are: want to use the experience of reassessing the working-age caseload to inform any future decisions on arrangements Percentage for children and people aged over 65.

January 2011 98 The costs of implementing a new benefit will depend February 2011 96 on the detail of how the benefit is delivered and the design of the new assessment. Costs will be refined as 123W Written Answers14 MARCH 2011 Written Answers 124W further detail on the reform is developed. The disability Chris Grayling: The Spending Review 2010 announced living allowance reform impact assessment, published that household benefit payments would be capped from on 16 February 2011, estimated approximate high level 2013 at around £500 per week for couple and lone costs to be £675 million over five years (real terms, net parent households and around £350 per week for single present value). These include provision for making changes adult households. War widows, households which include to the IT systems, training DWP staff, the administrative a member who is in receipt of disability living allowance effort required to manage the transition of existing or constant attendance allowance, and working households recipients to the new system and the cost of independent claiming the working tax credit will be exempt from health care professionals undertaking the new assessment. the cap. As the new assessment for personal independence payment Analysis of the impact of the household cap on total and the process for reassessing the existing DLA case benefit income was published in the impact assessment load are still being developed, I am unable, at this stage, which accompanied the introduction of Welfare Reform to provide a precise estimate for the cost of reassessment Bill. alone. If the benefit cap were applied in full we estimate that The disability living allowance reform impact assessment around 50,000 households will have their benefits reduced can be found at: by the policy. Households whose benefit is reduced as a http://www.dwp.gov.uk/docs/dla-reform-wr2011-ia.pdf result of the cap on total benefit income will lose on average around £93 per week. Those affected most will generally be households Employment Schemes with large numbers of children living in high rent areas. The vast majority (around 90%) will have children. Mr Jim Cunningham: To ask the Secretary of State Roughly 35% will be couples. Around 60% will be single for Work and Pensions what steps his Department is women, almost all of whom are likely to be lone parents. taking to help people move from jobseekers’ allowance We are looking at ways of easing the transition for into secure employment. [45368] families and providing assistance in hard cases.

Chris Grayling: The Government are putting in place Kate Green: To ask the Secretary of State for Work a much more flexible, personalised approach to helping and Pensions what estimate he has made of the likely people back into work, which begins with Jobcentre level of savings which will accrue as a result of the Plus. From April 2011 the support that Jobcentre Plus proposed cap on the level of household benefits. delivers to customers across all working age benefits [36426] (JSA, ESA and IS) is changing. Jobcentre Plus managers and advisers will have more flexibility to judge which Chris Grayling: The spending review 2010 announced interventions will help its customers, tailored to personal that household benefit payments would be capped from and local labour market needs. To support this Jobcentre 2013 at around £500 per week for couple and lone Plus are introducing a suite of measures bringing together parent households and around £350 per week for single communities, the voluntary sector, business people and adult households. War widows, households which include employers, to help get people back to work. a member who is in receipt of disability living allowance or constant attendance allowance, and working households The Government are also implementing a new Work claiming the working tax credit will be exempt from the Programme from this summer, which will help a wide cap. range of customers move into sustained employment. Work programme providers will not be required to If the benefit cap were applied in full, as described in deliver centrally specified support, which may be the supporting documentation for the spending review inappropriate for many customers, but instead will be 2010 the savings to the Exchequer are estimated to be given the freedom to innovate and develop personalised £225 million in 2013-14 and £270 million in 2014-15. support. In return for this freedom, they will be paid on We are looking at ways of easing the transition for the basis of the results they achieve. We will offer families and providing assistance in hard cases. providers higher rewards for supporting harder-to-help customers into employment, to ensure that it is worthwhile Kate Green: To ask the Secretary of State for Work for providers to help all customer groups. We will also and Pensions whether he has made an assessment of reward providers for keeping customers in employment, the likely effects on (a) family structure and (b) levels to help meet our aim for sustained employment outcomes. of family breakdown in the geographical areas most affected by the proposed cap on the level of household Jobseeker’s allowance customers will become eligible benefits. [36428] for the Work Programme from 12 months into their claim if they are aged 25 years or over, from nine Chris Grayling: No assessment has been made of the months into their claim if they are aged 18 to 24, and likely effects on (a) family structure and (b) levels of from three months into their claim if they are disadvantaged family breakdown as a result of the household cap on in the labour market. total benefit income. We are looking at ways of easing the transition for families and providing assistance in hard cases. Housing Benefit Kate Green: To ask the Secretary of State for Work Kate Green: To ask the Secretary of State for Work and Pensions whether he has made an assessment of the and Pensions what impact assessment he has carried likely effects of the proposed cap on the level of benefits out in respect of the proposed benefit cap of £26,000 on families of four children or more in black and per household. [36424] minority ethnic communities. [36429] 125W Written Answers14 MARCH 2011 Written Answers 126W

Maria Miller: If the benefit cap were applied in full a Findings from the planned independent living fund large proportion of those affected by the benefit cap are consultation will help inform future decisions around likely to be large families, suggesting that households social care investment and distribution to ensure that from cultural backgrounds with a high prevalence of people receive the care and support suitable for their large families will be affected. needs. Based on internal modelling using the Department for Work and Pension’s Policy Simulation Model, we Personal Income estimate that of the households that are likely to be affected by the cap approximately 30% of them will Kate Green: To ask the Secretary of State for Work and contain somebody who is from an ethnic minority. Pensions what assessment he has made of the distribution Analysis of the impact of the household cap on total of shared income between couples living in the same benefit income was published in the Impact Assessment household; and if he will make a statement. [44823] which accompanied the introduction of Welfare Reform Bill. Analysis of the likely effects on ethnic minorities Chris Grayling: In line with international best practice, has been included in the equality impact assessment the methodology for the main analysis of the income which was published on the Department for Work and distribution, the Households Below Average Income Pension’s website. series, measures the living standards of an individual as We are looking at ways of easing the transition for determined by household income. This assumes that all families and providing assistance in hard cases. members of a household benefit equally from the Note: household’s income, and will therefore appear at the same position in the income distribution. Percentages are rounded to the nearest 10%. Research has suggested that, particularly in low-income Kate Green: To ask the Secretary of State for Work households, the above assumption with regard to income and Pensions what steps he plans to take to provide sharing within couples is not always valid as men sometimes support for households affected by the proposed benefit at the expense of women from shared household benefits cap. [36432] income. The Government are aware of recent research which Chris Grayling: When someone in a household enters analyses the distribution of income within families. The work and begins to receive working tax credit they will extent of pooling of resources between partners in a no longer be subject to the benefit cap. couple, division of responsibility for different types of We are putting in place the Work Programme, which expenditure and how this affects welfare of dependents will give unemployed people unprecedented levels of in the household have been investigated by external personal support to get them into the workplace and researchers. barriers to work will finally be broken down. Recent research that has been completed includes: We will ensure that the full range of options for Written evidence has been submitted to the Work and Pensions people facing a shortfall in their rent remain accessible, committee regarding the White Paper on universal credit by Fran from renegotiating their rent levels through to applying Bennett and Ruth Lister: to their local authority for assistance in obtaining alternative http://www.publications.parliament.uk/pa/cm201011/ accommodation, and that people are encouraged to cmselect/cmworpen/writev/whitepap/contents.htm consider these options. Research in relation to tax credits: We are looking at ways of easing the transition for Hall & Pettigrew (2008) “Exploring the Key Influences on the families and providing assistance in hard cases. Tax Credits Claimant Population” HMRC Research Report 49: http://www.hmrc.gov.uk/research/report-49-final.pdf Independent Living Fund In the United Kingdom in 2008-09, less than 0.5% of households contained more than one couple. Kerry McCarthy: To ask the Secretary of State for Notes: Work and Pensions what assessment he has made of the 1. The data on household composition is sourced from the Family potential effect of the closure of the independent living Resources Survey, the data source for the Households Below Average Income series. The reference period for the survey is a fund on the ability of local authorities to respond to single financial year. changes in demands for their services. [43511] 2. A couple is defined as two adults, of same or different sex, who are married (spouse), or from January 2006 in a civil partnership Maria Miller: The independent living fund is a (partner), or are assumed to be living together as such (cohabitee). discretionary trust and payments from the fund do not take precedence over the responsibility of the local Remploy: Voluntary Redundancy authority to make an assessment of a user’s needs. Local authorities have the statutory responsibility to provide social care support to their residents and as Chris Evans: To ask the Secretary of State for Work part of this responsibility they will need to consider the and Pensions what assistance is available to explain the requirements of people who may otherwise have received voluntary redundancy scheme to employees of Remploy an additional package from the independent living fund. with learning disabilities, who have been offered voluntary However, although there was no requirement for the redundancy. [43436] Department to undertake an assessment, it did discuss the changes to the independent living fund with disability Maria Miller: Remploy has clear responsibilities towards organisations, local government representatives and their employers and have in place a guaranteed tailored colleagues in the Department of Health. support package for all employees including those with 127W Written Answers14 MARCH 2011 Written Answers 128W learning disabilities. This support includes internal and However, we have announced that there will be external advice and training available online, by telephone exemptions for war widows and widowers and households or face to face. This support includes: that include a member who is entitled to disability living easy-read information providing a step-by-step guide to the allowance, constant attendance allowance or working voluntary redundancy scheme and the support available; tax credit. one to one sessions with factory managers; access to a free Employment Assistance programme, providing Mr Byrne: To ask the Secretary of State for Work a range of advice on financial, legal and benefits issues; and Pensions whether he has made an assessment of information provided to nominated family or friends where the the likelihood of households separating as a result of employee has requested this. the implementation of a cap on benefit entitlement. [45179] Source: Remploy Chris Grayling: We are introducing a cap on the total amount of benefit that working-age people can receive Social Security Benefits so households on out of work benefits will no longer receive more in benefit than the average weekly wage Kate Green: To ask the Secretary of State for Work earned by working families. and Pensions whether a couple with children working No assessment has been made of the likelihood of between 16 and 23 hours per week will have their households separating as a result of the implementation benefit payments capped at £500 per week following of a cap on benefit entitlement. the implementation of changes to working tax credit We are looking at ways of easing the transition for eligibility criteria proposed in the comprehensive families and providing assistance in hard cases. spending review. [23033] Social Security Benefits: Disqualification Chris Grayling: As the spending review announced, households which contain a member who is in receipt of Natascha Engel: To ask the Secretary of State for working tax credit will be exempt from the cap. We are Work and Pensions when he expects to publish a still considering the precise criteria for an equivalent consultation on the proposed regulations to implement exemption under universal credit. sections 27 and 28 of the Child Maintenance and Other In addition, war widows and households that contain Payments Act 2008 on administrative disqualification a member who is in receipt of disability living allowance for holding or obtaining travel authorisation and or constant attendance allowance will also be exempt curfew orders. [44241] from the benefit cap. Maria Miller: No date has yet been confirmed, however, We are looking at ways of easing the transition for I do not expect this to be prior to the introduction of families and providing assistance in hard cases. the new statutory child maintenance scheme.

Mr Byrne: To ask the Secretary of State for Work Social Security Benefits: Public Expenditure and Pensions which benefits he plans to include within his proposed cap on benefit entitlement; and which Mr Byrne: To ask the Secretary of State for Work benefits will not be included within that cap. [45178] and Pensions what assumptions his Department made in its projections for the number of people claiming Chris Grayling: We are introducing a cap on the total benefits over the comprehensive spending review amount of benefit that working-age people can receive period. [44994] so households on out of work benefits will no longer Chris Grayling: Numbers of people receiving benefits receive more in benefit than the average weekly wage over the comprehensive spending review period, consistent earned by working families. with the Office for Budget Responsibility’s ‘Economic The benefits to be included in the benefit cap will be and Fiscal Outlook’, published on 29 November 2010, set out in regulations following the passage of the are given the following table. Welfare Reform Bill. Key assumptions underpinning these forecasts are The Bill proposes that all benefits may be included in provided in the OBR ‘Economic and Fiscal Outlook’, the cap apart from state pension credit and state retirement and the associated OBR ‘Briefing Paper No 1: Forecasting pensions. the Public Finances’.

Forecasts of numbers of people receiving benefits, Great Britain, 2010-11 to 2015-16 Thousand 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16

Working age benefits Widow’s/bereavement benefits 93 88 84 80 77 74 Jobseeker’s allowance (contribution-based) 235 248 235 215 204 190 Incapacity benefit (payments) 1,051 794 414 89 — — Incapacity benefit—credits only 774 603 344 125 — — Employment and support allowance 258 416 504 559 581 430 (contribution-based) Maternity allowance 55 55 55 55 56 56 129W Written Answers14 MARCH 2011 Written Answers 130W

Forecasts of numbers of people receiving benefits, Great Britain, 2010-11 to 2015-16 Thousand 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16

Severe disablement allowance 190 182 175 158 4 — Industrial injuries disablement benefit 260 257 253 249 246 242 Reduced earnings allowance/retirement 116 112 108 104 100 97 allowance Industrial death benefit 7 6 6554 Income support 1,736 1,414 1,074 810 697 705 Jobseeker’s allowance (income-based) 1,073 1,070 1,011 938 866 790 Employment and support allowance (income- 297 441 761 1,069 1,310 1,381 based) Housing benefit 3,223 3,221 3,195 3,157 3,160 3,159 Council tax benefit 3,142 3,113 3,074 3,025 3,024 3,015

Pensioner benefits Basic state pension (excluding category D) 12,509 12,644 12,795 12,892 12,993 13,054 Widow’s/bereavement benefits 11 7 5321 Basic state pension (Category D) 28 29 30 31 32 34 Severe disablement allowance 58 57 56 54 52 50 Winter fuel payments 12,715 12,589 12,473 12,356 12,228 12,088 Over-75 TV licence 4,195 4,273 4,358 4,451 4,547 4,639 Pension credit 2,692 2,564 2,493 2,421 2,354 2,311 Housing benefit 1,542 1,500 1,450 1,404 1,373 1,337 Council tax benefit 2,632 2,572 2,504 2,432 2,385 2,331

Disability related benefits Attendance allowance 1,635 1,652 1,674 1,697 1,719 1,742 Disability living allowance 3,214 3,291 3,346 3,266 3,144 3,121 Carer’s allowance 566 587 600 615 629 644 Note: Figures for Over 75 TV Licences include Northern Ireland. Figures for all other benefits also include recipients who are resident outside the United Kingdom. Source: DWP forecasts underlying the OBR ‘Economic and Fiscal Outlook’ and published at: http://research.dwp.gov.uk/asd/asd4/ index.php?page=expenditure

Universal Credit hours worked as a consequence of higher participation rates. We are currently considering whether there is a Kate Green: To ask the Secretary of State for Work way of robustly estimating these effects. and Pensions with what frequency universal credit will Overall we expect the number of workless households be paid to claimants. [44824] to fall as a result of improved incentives to work under universal credit. Chris Grayling: Universal credit will offer a substantially better service to our customers, with regular payments that will help them to budget. In line with this and the Mr Byrne: To ask the Secretary of State for Work need for consistency with the real-time earnings approach and Pensions with reference to paragraph 44 of his that we propose, we are considering whether the frequency Department’s impact assessment on universal credit, of payments should be monthly. for how long he plans to provide transitional protection to households whose entitlement will be reduced We recognise that many people on low incomes will following the introduction of universal credit. [45182] be used to managing with fortnightly payments of benefits and will ensure that, whatever the period of payment we put in place, there will be appropriate budgeting support Chris Grayling: We have given a commitment that no for claimants. We want people to be able to manage one will experience a reduction in the amount of benefit their financial affairs in a manner that best reflects the they receive as a direct result of the introduction of demands of modern life, whether in or out of work. universal credit. In most cases, we expect that universal credit will Mr Byrne: To ask the Secretary of State for Work provide a level of support that is the same as, or higher and Pensions with reference to paragraph 59 of his than, the current system. Transitional protection will be Department’s impact assessment on universal credit, awarded if the entitlement is lower and the circumstances how many second earners he expects to reduce the have not changed. number of hours worked as a consequence of higher participation rates. [45180] Any cash protection awarded will be fixed at the point of claim and will remain in place until claimants’ Chris Grayling: We are not able to provide an estimate circumstances change or the universal credit entitlement of the number of second earners who will reduce their exceeds the protected amount. 131W Written Answers14 MARCH 2011 Written Answers 132W

Universal Credit: Public Expenditure Number of defendants found guilty at all courts for offences related to endangered species trafficking, England and Wales, from 2006 to 20091,2 Offence description 2006 2007 20083 2009 Mr Byrne: To ask the Secretary of State for Work and Offences under the Control of Trade in 10—33 Pensions what estimate he has made of the cumulative Endangered Species (Enforcement) savings to his Department’s annually managed expenditure Regulations 1997 which are attributable to policy decisions confirmed in 1 The statistics relate to persons for whom these offences were the principal (a) Budget 2010 and (b) the comprehensive spending offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence Is the offence for which review and which will be achieved prior to the the heaviest penalty is imposed. Where the same disposal is Imposed for two implementation of universal credit. [45137] or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. Chris Grayling: The annually managed expenditure 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted savings were set out in the June Budget and the Office of from large administrative data systems generated by the courts and police Budget Responsibility’s autumn forecast, and will be forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those updated as part of the forthcoming Budget. data are used. 3 Excludes convictions for Cardiff magistrates court for April, July and August Warm Home Discount Scheme 2008. Source: Zac Goldsmith: To ask the Secretary of State for Justice Statistics Analytical Services—Ministry of Justice Work and Pensions pursuant to the answer of 26 July 2010, Official Report, column 778W, on energy, when Bail Hostels his Department expects to begin data-sharing with energy suppliers as part of the Warm Home discount scheme. [45746] John McDonnell: To ask the Secretary of State for Justice (1) how much was paid by his Department to Steve Webb: We are currently working closely with ClearSprings for the provision of bail beds between DECC and energy suppliers to agree the detail of data 2007 and the termination of the contract; [45817] sharing under the Warm Home Discount scheme. We (2) whether ClearSprings was required to make any expect to have the necessary regulations in place by payments to his Department for breach of contract in summer 2011, subject to the parliamentary process. The the period from 2007 to 2010. [45818] first data matching exercise under the scheme is planned for winter 2011-12. Mr Blunt: ClearSprings completed a full three year Winter Fuel Payments: British Nationals Abroad contract for the provision of the Bail Accommodation and Support Service from 18 June 2007 to 17 June 2010. Stephen McPartland: To ask the Secretary of State The company was paid £18.4 million over the life span for Work and Pensions if he will make it his policy to of contract. apply a means test to winter fuel payments to UK ClearSprings was issued with a Rectification Notice citizens living outside the UK. [46046] in November 2009 for failure to comply with the terms of the contract for the Bail Accommodation and Support Steve Webb: Winter fuel payments are paid to former Service. The company addressed all the issues raised in UK residents living in the European economic area the notice within prescribed time frames and no payment only if they qualified for a payment before leaving the was required. UK. means that some benefits acquired John McDonnell: To ask the Secretary of State for in one member state must be paid to people when they Justice (1) how many complaints were received by his move to another country within the European economic Department about the conduct of the ClearSprings bail area. The same eligibility rules for winter fuel payments bed contract in the period from 2007 to 2010; [45819] must apply to people who have moved to the EEA as in the UK. (2) how many complaints received by his Department about the ClearSprings bail bed contract related to (a) the behaviour of residents and (b) lack of supervision in the period from 2007 to 2010. [45820] JUSTICE Animal Welfare: Convictions Mr Blunt: I am unable to provide information about the number of complaints about ClearSprings as this Mr Bain: To ask the Secretary of State for Justice could be provided only at disproportionate cost. The how many persons were convicted of offences related Ministry of Justice has received a substantial volume of to animal trafficking in each of the last four years. correspondence about the Bail Accommodation and [45415] Support Service and it would require checking each item of correspondence separately to determine whether Mr Blunt: The number of defendants convicted at all it was a complaint or not. courts for offences under the Control of Trade in Endangered Species (Enforcement) Regulations 1997, John McDonnell: To ask the Secretary of State for England and Wales, 2006 to 2009 (latest available) is Justice how many persons who were resident in given in the following table. ClearSprings properties during its contract to supply Court proceedings data for 2010 are planned to be bail beds to the Ministry of Justice were arrested published in spring, 2011. between 2007 and 2010. [45821] 133W Written Answers14 MARCH 2011 Written Answers 134W

Mr Blunt: Information on how many arrests were Mr Slaughter: To ask the Secretary of State for made of defendants and offenders on home detention Justice what discussions he has had on his curfew while accommodated by ClearSprings cannot be Department’s Green Paper on Proposals for Reform of obtained except at disproportionate cost. To answer this Civil Litigation Funding and Costs in England and question would require us, the police and courts to Wales since the end of the consultation period. [45681] conduct a manual search of the 5,846 cases that were referred to ClearSprings during the term of the contract. Mr Djanogly: The Secretary of State for Justice has not held any meetings with external interested parties specifically to discuss the Proposals for Reform of Civil Civil Proceedings: Legal Costs Litigation Funding and Costs in England and Wales since the end of the consultation period. I met with the Access to Justice Action Group (AJAG) on 17 February, Robert Flello: To ask the Secretary of State for to discuss their response to the consultation. Justice (1) what assessment he has made of the effects on access to justice for lower income groups of his Department’s proposed changes to the civil litigation Mr Slaughter: To ask the Secretary of State for Justice (1) how many responses have been received to costs regime; [45266] the Green Paper consultation on Proposals for Reform (2) what research his Department has undertaken on of Civil Litigation Funding and Costs in England and the effects of its proposed civil litigation costs regime Wales; [45682] on the propensity of individuals to make a legitimate (2) when he expects to respond to the consultation claim for compensation in personal injury cases. on the Green Paper proposals for Reform of Civil [45267] Litigation Funding and Costs in England and Wales. [45684] Mr Djanogly: The Ministry of Justice has not commissioned any specific research on the effect of the Mr Djanogly: The consultation Proposals for Reform civil litigation proposals on the propensity of individuals of Civil Litigation Funding and Costs in England and to make legitimate claims for compensation in personal Wales—Implementation of Lord Justice Jackson’s Proposals injury cases. It is not possible to make detailed estimates closed on 14 February 2011. Over 800 responses to the in this area, as this will depend, in part, on the individual consultation were received; this includes responses via decisions of claimants, defendants, lawyers and insurers the online questionnaire, email and hard copy responses, on a case by case basis. and 255 campaign e-mails. We are now considering all Preliminary impact assessments were published alongside responses, and will publish the Government response, the consultation, ‘Proposals for Reform of Civil Litigation setting out the way forward, later this spring. Funding and Costs in England and Wales—Implementation of Lord Justice Jackson’s Proposals’, available at: Community Orders http://www.justice.gov.uk/consultations/jackson-review- 151110.htm Mr Jim Cunningham: To ask the Secretary of State The consultation closed on 14 February 2011. We are for Justice how many people were sentenced to unpaid now considering the responses and data received. A work as a condition of a supervision order in England final impact assessment will be published alongside the and Wales in 2009-10; how many such sentences Government response later this spring. involved individual placements; and how many such sentences involved additional conditions. [45964] Mr Slaughter: To ask the Secretary of State for Justice (1) with reference to paragraph 46 of his Mr Blunt: The number of all unpaid work community Department’s Green Paper on Proposals for Reform of order requirements which commenced under probation Civil Litigation Funding and Costs in England and service supervision in the year 2009 (latest available) is Wales, over what time period the calculations made on 76,699. the effect of a 10 per cent. increase of general damages The figures can be found in the published “Offender were based; [45679] Management Caseload Statistics 2009”—table 3.9, a (2) with reference to paragraph 96 of his copy of which can be found in the Libraries of both Department’s Green Paper on Proposals for Reform of Houses and which can be found at the following website: Civil Litigation Funding and Costs in England and http://www.justice.gov.uk/publications/ Wales, whether the estimate of a 10 per cent. uplift in prisonandprobation.htm general damages is based exclusively on applying 10 per Statistics on individual placements sought for 2009-10 cent. to those damages representing only pain suffering are not yet available as recordings for central statistical and loss of amenity. [45683] purposes were only introduced in April 2010. These figures have been drawn from administrative Mr Djanogly: The increase was proposed by Lord IT systems, which, as with any large scale recording Justice Jackson, as part of his package of reforms. The system, are subject to possible errors with data entry calculations on the effect of this proposal, by his economist and processing. assessor Professor Fenn, were based on data relating to general damages for claims settled between 2006 and Crimes of Violence: Victims 2009. It is intended that the proposed 10% increase would apply to non-pecuniary general damages such as Mrs Moon: To ask the Secretary of State for Justice in personal injury claims pain, suffering and loss of what assessment he has made of the merits of informing amenity. victims of (a) domestic and (b) other violent attacks 135W Written Answers14 MARCH 2011 Written Answers 136W where the perpetrator has received a custodial sentence However, there are other sources of support and of less than one year of the date and location of the advice for victims where the offender receives a short perpetrator’s release. [45316] sentence. The police are notified of all prisoner releases by the National Offender Management Service and are, Mr Blunt: Under the Domestic Violence Crime and therefore, in a position to take appropriate action to Victims Act 2004, victims of certain serious violent and protect victims who may be at risk and to support those sexual offences, where the offender receives a custodial who express concern about their personal safety. This sentence of 12 months or more, may elect to receive could include notifying victims of an offender’s release. information about key developments in the offender’s For victims of domestic violence in particular, the sentence through the Victim Contact Scheme operated police may arrange to manage the case through the by probation trusts. Such key information will include Multi-Agency Risk Assessment Conference (MARAC) where offenders are moved to open conditions, where process. It would be open to the MARAC to put in they are granted a work placement in the community place measures to protect a victim or potential victim, for rehabilitation and the month of release from prison. including providing information about an offender’s Eligible victims are able to make representations about release. conditions which may be attached to the offender’s licence on release and under probation supervision. Departmental Procurement They can, for example, request that the offender is excluded from a particular area, such as where they (the Stephen Barclay: To ask the Secretary of State for victims) live. Justice (1) how many procurement projects with a The scheme is flexible enough to allow probation monetary value greater than (a) £10 million, (b) trusts, in exceptional circumstances, to provide key £50 million and (c) £100 million (i) his Department information to victims who do not meet the statutory and (ii) each non-departmental public body and agency criteria. Such circumstances might include, for example, for which he is responsible was engaged upon in the domestic violence cases where the offender was given a latest period for which figures are available; [45571] sentence of less than 12 months, but where the victim (2) which procurement projects engaged upon by (a) wishes to opt in, even though such an offender would his Department and (b) each non-departmental public not be subject to licensed supervision. body and agency for which he is responsible had a The statutory scheme provides for the available resources designated senior responsible owner in the latest period to be directed primarily towards the victims of the most for which figures are available; and on what date each serious violent or sexual offences, where the offender is officer was appointed in each such case. [45572] to be on licensed supervision following release and where victims might make representations about licence Mr Blunt: The number of procurement projects in conditions. 2009-10 and 2010-11 to date are:

Department name Monetary value greater than: Number of projects

Ministry of Justice £10 million 2 £50 million 1 £100 million 2

National Offender Management Service £10 million 6 £50 million 1 £100 million 3

Land Registry £10 million 1 £50 million 1

Tribunals Service £10 million 1

The following table is a list of procurement projects where an SRO has been appointed and includes date of appointment (approximate in some cases):

Department name Project name Date SRO appointed

Ministry of Justice Minor Works Framework August 2009 Ministry of Justice Estates Professional Services March 2010 Ministry of Justice Construction and Construction related Works 17 July 2010 National Offender Management Service Bail Accommodation and Support Services (BASS) 18 June 2010 National Offender Management Service Prisoner Escort and Custody Services Competition 6 September 2010 National Offender Management Service Prison Competitions Programme 21 February 2011 Information Commissioner’s Office Building Project November 2009 137W Written Answers14 MARCH 2011 Written Answers 138W

Department name Project name Date SRO appointed

Information Commissioner’s Office Management Development December 2009 Information Commissioner’s Office Data User Information System Replacement April 2010 Land Registry Accelerated Transformation Programme 27 November 2009 Land Registry Facilities Management 27 November 2009 Land Registry Regional File Stores Service 27 November 2009 Tribunals Service Reinstatement of Field House July 2009

Knives: Crime Case category Total (£)1 Mr Ruffley: To ask the Secretary of State for Justice Mental Health 2,703,841 (1) how many and what proportion of people convicted Miscellaneous 399,877 of encouraging violent behaviour involving the use of a Other Public Law Children 637,807 knife under the Knives Act 1997 received (a) a fine and Public Law 4,024,992 (b) a custodial sentence of (i) less than six months, (ii) Welfare Benefits 242,570 between six and 12 months, (iii) between 12 and 18 Grand total 12,726,468 months and (iv) between 18 and 24 months in (A) 1 As is standard with closed case reporting, the following types of Suffolk, (B) Bedfordshire, (C) Cambridgeshire, (D) cases have been excluded: Essex, (E) and (F) Norfolk in each year Cases where full or part of the cost is paid by the opponent. Cost of these cases would be at market rate and not the legal aid rate. since the relevant provisions of the Act entered into Cases that are discharged or revoked, as they shouldn’t have been force; [45843] issued in the first place. (2) how many people were found guilty of offences Cases with zero bills (where cost is equal to Auto POA or less than relating to the illegal sale and marketing of knives in £10.) Dormant cases. (a) Suffolk, (b) Bedfordshire, (c) Cambridgeshire, (d) Essex, (e) Hertfordshire and (f) Norfolk in each year Legal Aid: Negligence since 1997. [45844]

Mr Blunt: There are no convictions for offences of Mr Slaughter: To ask the Secretary of State for encouraging violent behaviour involving the use of a Justice how disbursements in clinical negligence cases knife or the illegal sale and marketing of knives under will be funded when such cases are withdrawn from the sections 1 and 2 of the Knives Act 1997 from data scope of legal aid; and if he will make a statement. collated centrally by the Ministry of Justice for Suffolk, [45680] Bedfordshire, Cambridgeshire, Essex, Hertfordshire and Norfolk police force areas. Mr Djanogly: The consultation documents “Proposals for the Reform of Legal Aid in England and Wales” Court proceedings data for 2010 will be available in and “Proposals for Reform of Civil Litigation Funding the spring of 2011. and Costs in England and Wales” were published in November 2010. It is proposed that clinical negligence Legal Aid Scheme: Judicial Reviews cases be removed from the scope of legal aid because alternative forms of funding are available in the form of Stephen Barclay: To ask the Secretary of State for conditional fee agreements (CFAs). Justice pursuant to the answer of 3 February 2011, We have consulted on how the proposals should be Official Report, column 942W, on legal aid: prisoners, implemented to ensure that meritorious cases are still if he will direct the Legal Services Commission to able to be brought. The consultations closed on 14 break down expenditure on judicial reviews between February and we are carefully considering the responses practice areas. [45772] including as to how disbursements should be funded.

Mr Djanogly: The Legal Services Commission’s (LSC) Legal Aid: Rochdale costs for defending judicial reviews in the last financial year (2009-10) were £224,119. This represents the total costs of external legal advice for public law judicial : To ask the Secretary of State for reviews. The LSC does not hold a more detailed breakdown Justice (1) if he will undertake a cost-benefit analysis of showing individual categories of law in an easily accessible his Department’s funding for legal aid in Rochdale in format and therefore such a breakdown could be provided the latest period for which figures are available; [45332] only at disproportionate cost. (2) if he will assess the capacity of the voluntary The costs to the legal aid fund of judicial review sector to undertake legal aid work following implementation certificates in 2009-10, broken down by category of law of his Department’s proposed reductions in the legal for closed cases, are shown in the following table. aid budget in Rochdale. [45333]

Case category Total (£)1 Mr Djanogly: The consultation in respect of ‘Proposals for the Reform of Legal Aid in England and Wales’ Community Care 2,078,470 closed on 14 February 2011 and the responses to the Education 668,153 consultation are currently being considered. The Housing 2,485 Government’s response to consultation is expected to Immigration 1,968,273 be published in the spring. 139W Written Answers14 MARCH 2011 Written Answers 140W

Draft impact assessments and equality impact Three month re-offending rates for local authorities within Berkshire assessments were published alongside the consultation county, 2008, 2009 paper, which also asked specific questions on the impacts Local authority/re-offending Actual rate of reoffending identified therein. We are currently considering the period(calendar year) (percentage) responses to these questions and will use these to inform Bracknell Forest final impact assessments (IA) and equality impact 2008 8.03 assessments (EIA) which will be published alongside 2009 11.18 the response to consultation.

The IA and EIA assess the impact of the proposals Reading on the voluntary sector but do not present detail at regional or local levels. 2008 10.51 2009 10.25 There are no current plans to undertake a cost-benefit analysis or an assessment of the capacity of the voluntary sector in the hon. Member’s constituency. Slough 2008 9.32 Litigation: Legal Costs 2009 7.97

Robert Flello: To ask the Secretary of State for West Berkshire Justice how many meetings (a) he and (b) Ministers in 2008 10.30 his Department have had with (i) insurers and (ii) 2009 10.19 claimant solicitors and their representative bodies to discuss proposed changes to the civil litigation costs Windsor and Maidenhead [45256] regime since May 2010. 2008 7.76 2009 8.61 Mr Djanogly: I met with the Association of British Insurers (ABI) on 29 July. During the consultation period for Proposals for Reform of Civil Litigation Wokingham Funding and Costs in England and Wales—Implementation 2008 7.00 of Lord Justice Jackson’s Recommendations, I hosted 2009 8.17 three roundtable discussions with interested parties. The first, on 2 December 2010 aimed to include parties Comparing changes in the actual rates of re-offending on all sides of the debate; claimant and defendant between areas does not ensure a like for like comparison solicitors, insurers, after the event (ATE) insurers and as the mix of offenders being dealt with may vary across other interested parties. I then held meetings with a areas and over time. group of claimant practitioners on 18 January 2011, Local adult re-offending rates by probation area or and defendant practitioners, including insurers and the local authority are not available for periods prior to ABI on 19 January 2011. 1 October 2007 to 30 September 2008. The Secretary of State and I have regular meetings Further details on local adult re-offending is available with representative bodies, covering a range of issues. at: The Secretary of State has not held any meetings with http://www.justice.gov.uk/publications/local-adult- insurers or claimant solicitors specifically to discuss the reoffending.htm proposed changes to civil litigation funding and costs. Offenders: Employment Schemes Members: Correspondence Zac Goldsmith: To ask the Secretary of State for Justice what steps he plans to take to encourage (a) Sir Gerald Kaufman: To ask the Secretary of State for businesses and (b) local authorities to offer work Justice when he plans to answer the letter from the placements, training and jobs to offenders (i) before right hon. Member for Manchester, Gorton of 25 and (ii) after their release. [45218] January 2011 with regard to Caroline Woods. [45233] Mr Blunt: In ‘Breaking the Cycle: Effective Punishment, Mr Kenneth Clarke: I will reply to the right hon. Rehabilitation and Sentencing of Offenders’, published Member shortly. I apologise for the delay. on 7 December 2010, we set out our intention to engage business to help us make prisons places of work and Offenders: Berkshire industry, to help shape and deliver skills training to offenders, and to offer apprenticeships and permanent Alok Sharma: To ask the Secretary of State for Justice employment to offenders as part of their rehabilitation. what the reoffending rate was for offenders resident in There are already examples of successful partnerships (a) Reading West constituency, (b) Reading and (c) with business in these areas, which take place both Berkshire in each of the last 10 years. [46596] before and after release from prison. We plan to encourage more with the help of senior business leaders who are Mr Blunt: Re-offending rates are not available by prepared to champion what they do. There are also constituency boundaries. Re-offending rates for adult many examples of public sector organisations, including offenders by local authority are available. The following local authorities, offering training and employment table shows these re-offending rates for the local authorities opportunities to offenders and we will continue to within Berkshire county, including Reading. encourage them to do so. 141W Written Answers14 MARCH 2011 Written Answers 142W

Personal Injury Mr Djanogly: The information requested is not held centrally for all the relevant business areas for the years Mr Slaughter: To ask the Secretary of State for specified. Collating that information would involve manually Justice pursuant to the answer of 8 December 2010, sifting through all the health and safety files that have Official Report, column 294W, on personal injury, (1) been placed in storage which would incur disproportionate how many claims brought against his Department and cost. its agencies were (a) settled (i) before proceedings and The following table does however provide totals in (ii) after proceedings, (b) lost at trial by his Department relation to personal injury claims against the Prison and (c) lost at trial by the claimant; [45383] Service and MoJ staff stress related claims. Central (2) how much his Department has paid in damages records do not distinguish between which ones were in respect of personal injury claims in each year since settled before proceedings and which ones were settled 2007-08. [45385] after proceedings were commenced.

2007-08 2008-09 2009-10

(1.a) Total number of personal 621 658 507 injury claims—Settled (1.b) Total number of personal 26 12 15 injury claims that the Department lost at trial (1.c) Total number of personal 14 14 22 injury claims that the claimant lost at trial

(2) Total damages paid in respect 6,303,378 6,108,769 7,688,479 of personal injury claims (£)

Prison Service: Market Testing Mr Blunt: All newly recruited prison officers within public sector prisons are required to complete a one Mr Anderson: To ask the Secretary of State for year foundation training programme, leading to a level Justice what involvement the former Director of the 3 National Vocational Qualification Diploma in Custodial National Offender Management Service has had in the Care (CCNVQ). Training begins with an eight week market testing process currently undertaken by HM (40 working days) Prison Officer Entry Level Training Prison Service; and if he will make a statement. [45263] (POELT) course, which is mainly college- based. This provides staff all the underpinning knowledge and Mr Blunt: In his former role as Director General of understanding in core skills required to successfully the National Offender Management Service (NOMS), complete their CCNVQ in the workplace within 12 Philip Wheatley chaired the NOMS board. The NOMS months of joining the National Offender Management board delegated responsibility for overseeing, directing Service. and monitoring all competition within NOMS Agency to the Offender Services Competition Board (known as Prosecutions: Brighton the Commissioning and Competitions Board from March 2010). Mr Wheatley did not deal with the receipt of Mike Weatherley: To ask the Secretary of State for tenders for the current round of prisons competitions, Justice how many prosecutions there were in Brighton and has not been involved in the contract awarding and Hove under section 12a of the Criminal Law Act process. 1977 in (a) 2008, (b) 2009 and (c) 2010. [45394] Mr Wheatley left Crown employment in June 2010. Following his departure, Mr Wheatley requested permission Mr Blunt: Offences under Section 12a of the Criminal from NOMS/Ministry of Justice to undertake work for Law Act 1977 cannot be separately identified from G4S. Under the business appointment rules (see Annex court proceedings data collated centrally by the Ministry A, section 4.3 of the Civil Service Management Code), of Justice as they form part of a miscellaneous group of particular attention was given to whether Mr Wheatley offences which cannot be separately analysed. would give G4S an improper advantage in the current Reoffenders: Greater London round of prisons competitions. His work for G4S was approved, as there was no evidence that the work he was employed to do would compromise confidentiality or Mr Llwyd: To ask the Secretary of State for Justice give an advantage. what assessment he has made of the likely effect of reductions in probation service budgets on reoffending rates in Lewisham and Croydon during the payment- Prison Service: Training by-results pilots. [46014]

Sadiq Khan: To ask the Secretary of State for Justice Mr Blunt: The budget for probation trusts is planned (1) what training is provided to staff employed on the to reduce by 10% over the comprehensive spending new prison officer contract; [46913] review period. The National Offender Management (2) how many days of training is provided to staff Service does not expect that this budget reduction will employed on the new prison officer contract. [46914] have an impact on reoffending rates. The Ministry of 143W Written Answers14 MARCH 2011 Written Answers 144W

Justice is clear that probation trusts must deliver savings The Ministry of Justice will evaluate the projects to by streamlining administration and delivering services understand the impact of the projects on demand on more effectively. Funding must be focused on maintaining the criminal justice system, and other factors that may front-line services, to protect the public and reduce affect demand in the project areas. This will include reoffending. monitoring reoffending and crime rates over the course of the two-year project. We will also monitor a wider range of trends and impacts, and this will be finalised as Mr Llwyd: To ask the Secretary of State for Justice part of the evaluation approach for the project. what assessment he has made of the likely effect of reductions in probation, police and court budgets in Repossession Orders: Brighton Lewisham and Croydon on rates of (a) arrest and (b) conviction over the next two years. [46015] Mike Weatherley: To ask the Secretary of State for Justice (1) how many interim possession orders were Mr Blunt: The Ministry of Justice and the Home implemented in Brighton and Hove in (a) 2008, (b) Office have not made a specific assessment of the impact 2009 and (c) 2010; [45396] of reductions in probation, police and court budgets in (2) on how many occasions a magistrate in a court in Lewisham and Croydon on rates of arrest and conviction Brighton and Hove was asked to hear a sworn over the next two years. statement that a defendant was the rightful occupier of The Ministry of Justice has been clear that a large an address given in court in (a) 2008, (b) 2009 and (c) part of the savings required by the spending review 2010. [45419] settlement will be achieved through improvements in efficiency and cutting administration, while maintaining Mr Djanogly: There was one interim possession order current performance. In terms of police funding, the made in Brighton county court in 2008, none in 2009, Government allocate funding to police authorities as a and none in the first three quarters (January to September) whole but it is only right that decisions about the use of of 2010, the latest period for which data are available. resources are made locally. The The civil procedure rules state that all claims for the Commissioner and the Police Authority are better placed repossession of land must be commenced in the district to judge local need and prioritise resources accordingly. in which the land is situated. However, county courts The Ministry of Justice will be monitoring a number jurisdictions are not coterminous with the boundaries of trends and impacts in Lewisham and Croydon over for other geographical areas. The above figures do not the next two years, as part of the evaluation of a project therefore necessarily relate to properties located in Brighton to test a local approach to payment-by-results. The and Hove. approach will be tested from April 2011 across a number The Ministry of Justice does not hold figures centrally of London boroughs, including Lewisham and Croydon, which specifically relate to magistrates being asked to and in Manchester city region, as announced in the hear a sworn statement that defendants are the rightful Ministry of Justice Green Paper, “Breaking the Cycle”. occupiers of the address given in court. This is because The approach aims to share the savings if a local area is the incidence of such events is not recorded onto the able to reduce demand on criminal justice services. The main administrative system in the magistrates courts. savings could then be reinvested in further reoffending prevention activity at the local level. Repossession Orders: Suffolk

Mr Ruffley: To ask the Secretary of State for Justice Mr Llwyd: To ask the Secretary of State for Justice how many court orders were issued for the repossession (1) if he will monitor trends in the issue of fixed of homes in (a) Bury St Edmunds constituency and penalty notices during the duration of the payment-by- (b) Suffolk County Council area in each year since results pilots in Lewisham and Croydon; [46011] 1997. [45846] (2) if she will assess trends in the number of cautions issued by police officers in Lewisham and Croydon Mr Djanogly: The table shows the numbers of claims during the payment-by-results pilots in those boroughs leading to orders being made for the repossession of undertaken by the Ministry of Justice; [46012] property in the Bury St. Edmunds constituency and Suffolk county by mortgage lenders in each year since (3) if he will assess the potential effect of reductions 2000 and landlords in each year since 2003. Data for in rates of benefit on re-offending and conviction rates previous years are not available due to the lack of valid during the payment-by-results pilots in Lewisham and postcodes. Croydon; [46013] These figures represent the numbers of claims leading to orders being made. This is more accurate than the Mr Blunt: The Ministry of Justice announced in the number of orders, removing the double-counting of Green Paper, “Breaking the Cycle”, published in December instances where a single claim leads to more than one 2010 that it is developing a model to share the savings if order. It is also a more meaningful measure of the a local area is able to reduce demand on criminal justice number of homeowners who are subject to court services. The savings could then be reinvested in further repossession actions. reoffending prevention activity at the local level. These figures do not indicate how many properties To test the local area approach, the Ministry of have actually been repossessed. Repossessions can occur Justice will run two projects from April 2011 for two without a court order, such as where borrowers hand years in Manchester city region and across a number of the keys back to the lender. Also, not all possession London boroughs, including Croydon and Lewisham. orders result in repossession. Many orders are suspended 145W Written Answers14 MARCH 2011 Written Answers 146W and if the borrower complies with the repayment Mr Blunt: The Government are currently considering arrangements set out in the suspended order the property changes to sentencing policy in the light of the responses will not be repossessed. to the recent Green Paper on rehabilitation and sentencing. Number of mortgage1 and landlord2,3 possession claims leading to However, we have no current plans to increase magistrates’ orders made4,5,6 relating to Bury St. Edmunds constituency7 and sentencing powers. Suffolk county, 2000-20108,9,10 Mortgage claims leading to Landlord claims leading to Written Questions: Government Responses orders made orders made Bury Bury St Edmunds Suffolk St Edmunds Suffolk Sadiq Khan: To ask the Secretary of State for Justice constituency county constituency county when he plans to answer question 40185, tabled on 8 February 2011 for named day answer on 11 February 2000 40 385 — — 2011. [46932] 2001 40 355 — — 2002 30 295 — — Mr Harper [holding answer 11 February 2011]: Ihave 2003 40 330 130 1,085 been asked to reply. 2004 50 450 130 1,050 The Government do not disclose their legal advice. 2005 65 615 135 945 Disclosure of legal advice has a high potential to prejudice 2006 80 740 135 1,020 the Government’s ability to defend their legal interests— 2007 65 700 100 820 both directly, by unfairly exposing their legal position 2008 105 925 150 890 to challenge, and indirectly by diminishing the reliance 2009 70 700 145 1,095 they can place on the advice having been fully considered 2010 55 545 130 890 and presented without fear or favour. Neither of these 1 Includes all types of mortgage lenders. is in the public interest. 2 Includes all types of landlords whether social or private. 3 Landlord actions include those made under both standard and accelerated procedures. Landlord actions via the accelerated procedure enables the orders to be made solely on the basis of written evidence for shorthold tenancies, when the fixed period of tenancy has come to BUSINESS, INNOVATION AND SKILLS an end. 4 The number of claims that lead to an order includes all claims in which the first order, whether outright or suspended, is made during Middle East and North Africa the period. 5 The court, following a judicial hearing, may grant an order for Angus Robertson: To ask the Secretary of State for possession immediately. This entitles the claimant to apply for a warrant to have the defendant evicted. However, even where a warrant Business, Innovation and Skills whether his for possession is issued, the parties can still negotiate a compromise to Department has reviewed its policy on the licensed sale prevent eviction. of defence equipment as a result of recent unrest in the 6 Includes outright and suspended orders, the latter being where the middle east and North Africa. [45613] court grants the claimant possession but suspends the operation of the order. Provided the defendant complies with the terms of suspension, which usually require the defendant to pay the current mortgage or Mr Prisk: We have reviewed all existing licences for rent instalments plus some of the accrued arrears, the possession military and security equipment for countries in the order cannot be enforced. region and a number of these licences have been revoked. 7 Due to constituency boundary changes which occurred at the recent The situation remains under review and all future general election on 6 May 2010, the constituency figures are based on applications for export of equipment to this region will boundaries defined prior to the election from 2000 up to and including the first quarter of 2010 (January-March) and on boundaries after the continue to be carefully considered against the Consolidated election for the remaining three quarters of 2010. EU and National Arms Export Licensing Criteria, taking 8 Due to the lack of valid postcode data, counts for landlord possession into account how the situation develops. cases are only available from 2003 onwards. 9 All figures are rounded to the nearest 5. 10 Figures for 2010 are provisional. Arms Brokers Source: Ministry of Justice Angus Robertson: To ask the Secretary of State for Sentencing Business, Innovation and Skills if he will assess the merits of requiring arms brokers to register under a code of conduct and of revoking the licences of those Philip Davies: To ask the Secretary of State for who do not comply with the code. [45629] Justice whether he has plans to increase the maximum sentencing powers of magistrates. [44943] Mr Prisk: As things stand, I am not convinced that a register of arms brokers would justify the extra bureaucracy Mr Blunt: The Government are currently considering it would cause; however, I continue to keep this issue changes to sentencing policy in the light of the responses under review. to the recent Green Paper on rehabilitation and sentencing, though the Green Paper did not propose plans to increase magistrates’ sentencing powers. Arms Export Licences

Philip Davies: To ask the Secretary of State for Angus Robertson: To ask the Secretary of State for Justice whether he has plans to bring forward Business, Innovation and Skills on how many proposals to enable magistrates to sentence offenders occasions the Government have revoked arms export to six month consecutive sentences for more than one licences over the last 12 months; and for what reasons summary-only offence. [44945] in each case. [45611] 147W Written Answers14 MARCH 2011 Written Answers 148W

Mr Prisk: Consolidated information on revoked licences element will be cost as an IN). Existing EU legislation is published in the course of regular reporting through can be counted as an OUT if it is repealed or revoked, the Government’s Annual and Quarterly reports on or if gold-plating is removed or if a derogation that Strategic Export Controls. These reports contain imposed costs to business is voluntarily curtailed ahead information about the number of licences revoked, by of its maximum term expiring. destination, and a summary of the items covered by these licences. Detailed reasons are not included, but in Companies: Export Controls most cases licences will have been revoked because circumstances have changed which has led us to have concerns about the proposed export that we did not Gordon Birtwistle: To ask the Secretary of State for have at the time of application. Business, Innovation and Skills what steps his The reports are available to view on the Strategic Department takes to encourage companies to export Export Controls: Reports and Statistics website at: manufactured products. [43284] https://www.exportcontroldb.berr.gov.uk/eng/fox Mr Prisk [holding answer 9 March 2011]: The Trade Currently this includes information up to 30 September and Investment for Growth White Paper, published on 2010. Information covering 1 October to 31 December 9 February, set out the Government’s framework for 2010 will be published in April and information covering encouraging trade and investment in the UK and 1 January to 31 March will be published in July this year. internationally. Linked to this, UKTI is developing a Arms Supply new strategy as part of the Government’s growth review. This will set out new priorities for trade promotion. It is Angus Robertson: To ask the Secretary of State for through these activities this Department encourages Business, Innovation and Skills what mechanisms his businesses new to exporting to discover and seize Department has in place to ensure that arms supplied international opportunities, and more experienced exporters by UK manufacturers are not sold to other countries to improve their exporting capability. for the purpose of use for internal repression; and what UKTI services are delivered through a network of recent assessment he has made of their effectiveness. international trade advisers in England, partner [45628] organisations in the devolved Administrations, sector specialists in the UK and staff in 96 overseas markets. Mr Prisk: An export licence is required to export In 2009/10, UKTI provided significant help to some arms and other military equipment from the United 23,600 exporters generating over £5 billion of added Kingdom. All export licence applications are rigorously value to the UK economy. UKTI has an ongoing and assessed on a case-by-case basis against the Consolidated active programme of support for the UK manufacturing EU and National Arms Export Licensing Criteria taking sector, in partnership with numerous stakeholders, including account of all prevailing circumstances at the time of organising UK groups at overseas trade shows, leading the application. A licence will not be issued where to do targeted trade missions and bringing potential buyers so would be inconsistent with the criteria or other and decision-makers to the UK to see our manufacturing relevant announced commitments. In particular criterion capability first-hand. two concerns the ‘respect of human rights and fundamental The Government are also launching four new products freedoms in the country of final destination’, and states to support exporters that will be offered by the Export that the Government will not issue an export licence if Credits Guarantee Department (ECGD) alongside its there is a clear risk that the proposed export might be existing facilities and services. The new products are: a used for internal repression. If a re-export of concern bond support scheme; a more simple credit insurance comes to light we can and do factor that in to our product; an export working capital scheme; and a foreign assessment of subsequent licence applications for similar exchange credit support product. With the launch of goods to that destination. these new products, ECGD is widening the range of Arms Trade eligible exports it will support, which was previously confined to capital and semi-capital goods and services. Tessa Munt: To ask the Secretary of State for Business, Innovation and Skills what criteria his Department Companies: Overseas Subsidiaries applies to the licensing for export of weapons for (a) offensive and (b) defensive purposes. [46203] Mr Umunna: To ask the Secretary of State for Business, Innovation and Skills (1) how many successful actions Mr Prisk: The Consolidated EU and National Arms the Companies Investigation Branch brought against Export Licensing Criteria. firms for failure to fully declare overseas subsidiaries (a) Business: Regulation under the provisions of the Companies Act 2006 in 2009, (b) 2010 and (c) 2011 to date; [45942] Priti Patel: To ask the Secretary of State for Business, (2) how many investigations the Companies Investigation Innovation and Skills whether his Department’s one-in, Branch conducted into firms suspected of failure to fully declare overseas subsidiaries under the provisions one-out policy applies to EU regulations. [44285] of the Companies Act 2006 in (a) 2009, (b) 2010 and (c) Mr Prisk: At present EU measures will not be counted 2011 to date. [45943] as INs unless a Department exceptionally imposes a measure that goes beyond the minimum requirements Mr Davey: The information requested is not separately (i.e. if it is gold-plated, in which case the gold-plated recorded and as a consequence is not available. 149W Written Answers14 MARCH 2011 Written Answers 150W

Mr Umunna: To ask the Secretary of State for Business, Mr Davey: Since May 2010 and in line with other Innovation and Skills (1) what steps his Department Government Departments, the Department for Business, and its agencies are taking to enforce the provisions of Innovation and Skills (BIS) has recorded and published the Companies Act 2006 in respect of declaration of the proportion of invoices paid within five working overseas subsidiaries; [45944] days of receipt. BIS publishes this information at: (2) what recent assessment he has made of the http://www.bis.gov.uk/about/procurement/prompt-payment/ effectiveness of enforcement mechanisms for the provisions bis-payment-performance of the Companies Act 2006 on the declaration of overseas However, during January and February 2011, this subsidiaries; [45945] Department paid 98.8% and 99.7% of invoices within (3) whether his Department is taking steps to increase 10 working days of receipt respectively. In the same transparency in the declaration of overseas subsidiaries period, this Department paid 95% and 96.5% of invoices by UK businesses. [45946] within five working days. Departmental Buildings Mr Davey: Under the Companies Act 2006 companies must disclose in their accounts certain information about any subsidiary undertakings including the location of Simon Kirby: To ask the Secretary of State for any overseas. Alternatively, where that requirement would Business, Innovation and Skills if he will take steps to result in excessively lengthy notes to the accounts, provide reduce the size of his Department’s estate; and if he the detail in an appendix to the company’s annual will make a statement. [45891] return. Mr Davey: The Government announced in spending Companies House has delegated authority to give review 2010 that as a first step to introducing a more notice to companies whose accounts appear to be defective. co-ordinated approach to property management in the Companies House will pursue those companies that fail central civil office estate it would set up, through the to comply with the notice or provide a satisfactory Government Property Unit, Property Vehicles for the explanation. Central London and Bristol office estate from 2011/12. If necessary, the Financial Reporting Review Panel Property Vehicles will be responsible for managing a (FRRP)—part of the Financial Reporting Council more co-ordinated Government-wide approach to property. (FRC)—has delegated authority to apply for a court They will manage the estate strategically, achieving order requiring the directors of the company to prepare more efficient use of the property assets, as well as work revised accounts or a revised report. If the company with Departments to reduce their estates and maximise continues to contravene and is found guilty, the court the commercial potential of their property portfolios. could impose a fine. Furthermore the Government announced this month Each case is dealt with on its merits and prosecution a new system of National Property Controls across the would only be used is cases of persistent and wilful central civil estate. These controls require Departments failure to comply with the legislation. To date the FRRP to adopt a common, disciplined commercial approach has never had to apply to court for an order requiring to the use of the estate. These build on the success of revision of accounts or reports. the Lease Moratorium introduced in May 2010, which to-date has reduced property costs by around £50 million. Construction: Public Sector Departmental Offices Mr Hanson: To ask the Secretary of State for Business, Innovation and Skills what recent discussions Mr Nicholas Brown: To ask the Secretary of State for he has had with interested parties on publicly-available Business, Innovation and Skills pursuant to the answer specification (PAS91); when he expects PAS91 next to of 15 February 2011, Official Report, columns 736-37W, be reviewed; and if he will make a statement. [45863] on departmental offices, if he will provide examples of (a) hard and (b) soft intelligence. [43384] Mr Prisk: Standardisation of the prequalification process features frequently in my discussions with the Mr Prisk: The Department’s local offices will provide construction industry, particularly with those bodies hard evidence such as analysis of external business representing small firms in the sector. The National surveys, public and official data. The soft evidence will Specialist Contractors’ Council estimate that completing be anecdotal information and feedback on business multiple prequalification questionnaires costs the industry intentions and risks. This will be obtained through the £250 million a year, much of which could be saved. The teams’ relationships with local stakeholders. industry is very supportive of the PAS91 approach and Departmental Written Questions is working with Government to ensure the standard is widely adopted. We would expect to review the standard early next year in the light of a year’s experience of its Thomas Docherty: To ask the Secretary of State for use in the public sector and more widely. Business, Innovation and Skills what proportion of written questions tabled to him for answer on a named day between 27 May 2010 and 9 March 2011 did not Departmental Billing receive a substantive answer on the day named for answer. [46561] Stewart Hosie: To ask the Secretary of State for Business, Innovation and Skills what proportion of Mr Davey: During the period 27 May 2010 to 9 March invoices from suppliers his Department paid within 10 2011, the Department received a total of 833 named days of receipt in January and February 2011. [45077] day parliamentary questions.1 Of these, 610 (73%) received 151W Written Answers14 MARCH 2011 Written Answers 152W a substantive reply on the date stipulated. BIS Ministers Robert Halfon: To ask the Secretary of State for and officials attach high importance to answering named Business, Innovation and Skills what meetings (a) the day PQs on the date specified, while noting the Government Minister with responsibility for and (b) officials working response to the then Procedure Committee’s Report on on higher education had with representatives of the Parliamentary Questions: Session 2008/09 [HC859] “The Libyan Government between 2005 and 2010. [45769] Government agrees that, where it is not possible to provide a full answer within the usual deadline, it will Mr Willetts: The former Member of Parliament for usually be preferable to provide the answer a few days Harlow, the then Minister of State for Lifelong Learning, late than to provide an incomplete answer”. Further and Higher Education (Bill Rammell), met 1 Including a few questions transferred to BIS from other Government Dr Abd al-Salam al-Qallal, the Libyan Minister for Departments. Higher Education in Tripoli on 23 February 2006 to discuss UK-Libya education issues. He also met with Export Licences Dr al-Rishi, the Libyan Minister for Expatriates, Migration and Refugee Affairs on 26 April 2007 about UK resident Libyan academics. Angus Robertson: To ask the Secretary of State for Business, Innovation and Skills how many strategic Robert Halfon: To ask the Secretary of State for export licences have been granted in respect of exports Business, Innovation and Skills if he will take steps to to countries in the Middle East and North Africa since remove public funding for teaching and research from October 2010; and what the monetary value was of universities which accept donations from individuals proposed exports under such licences. [45630] and organisations associated with undemocratic regimes with poor records on human rights. [46052] Mr Prisk: This information will be published shortly as part of the Government’s Annual and Quarterly Mr Willetts: Universities are autonomous institutions reports on Strategic Export Controls. These reports and each will set its own standards for the acceptance of contain detailed information on export licences issued, donations. As charities, all English universities should refused or revoked, by destination, including the overall follow guidance on the receipt of donations from the value, type (e.g. Military, Other) and a summary of the Charity Commission and any additional guidance from items covered by these licences. They are available to the Higher Education Funding Council for England in view on the Strategic Export Controls: Reports and its role as principal regulator under the Charities Act 2006. Statistics website at: The allocation of public funding for teaching and https://www.exportcontroldb.berr.gov.uk/eng/fox research is separate from the regulation of universities as donation-accepting charities and the Department Currently this includes information up to 30 September has no plans to combine these functions. 2010. Information covering 1 October to 31 December 2010 will be published in April and information covering Higher Education: Part-Time Education 1 January to 31 March will be published in July this year. Mr Thomas: To ask the Secretary of State for Business, Innovation and Skills whether he plans to regulate the Higher Education: Admissions number of part-time students studying degrees at each higher education institution; and if he will make a Mr Thomas: To ask the Secretary of State for statement. [45995] Business, Innovation and Skills whether universities Mr Willetts: I would refer the hon. Member to the will be required to produce a separate access agreement answer given on 8 March 2010, Official Report, with the Office for Fair Access for part-time students; column 1000W. and if he will make a statement. [46077] Higher Education: Research Mr Willetts: Subject to parliamentary approval, we intend to regulate fees for students studying at least 25% Mr Thomas: To ask the Secretary of State for Business, of a full-time course. Once the legislation and regulations Innovation and Skills what payments were made to are in place, institutions wishing to charge fees for each university by each research council in each of the part-time courses above the basic level will require an last five years for which figures are available; and if he access agreement—or a variation of an existing access will make a statement. [45996] agreement—approved by the Director of Fair Access covering those courses. Mr Willetts: Between 2004/05 and 2008/09 the research councils provided £4,955,295,000 to higher education Higher Education: Finance institutions (HEIs). A full breakdown by HEI, research council and year will be placed in the Libraries of the House. Mr Amess: To ask the Secretary of State for Business, Innovation and Skills whether his Department provided Higher Education: South East funding for the 2010 survey of universities by Universities UK; and if he will make a statement. [R] [43883] Alok Sharma: To ask the Secretary of State for Business, Innovation and Skills what proportion of school leavers Mr Willetts: No funding was provided by this resident in (a) Reading West constituency, (b) Berkshire Department to Universities UK to undertake the survey and (c) South East England entered university in each of universities in 2010. of the last 10 years. [46597] 153W Written Answers14 MARCH 2011 Written Answers 154W

Mr Willetts: The Department does not hold information in the UK, businesses must compete in high value or on the proportion of school leavers resident in Reading value added markets and use advanced processes and West constituency, Berkshire and South East England machinery. who entered university in each of the last 10 years. The numbers of 18-year-old undergraduate entrants to UK New Businesses: Montgomeryshire higher education institutions are shown in the table as an alternative, for the academic years 2000/01 to 2009/10. Glyn Davies: To ask the Secretary of State for Information for the 2010/11 academic year will become Business, Innovation and Skills what recent assessment available from January 2012. he has made of the availability of credit to new Equivalent figures for entrants to higher education businesses in Montgomeryshire; and what steps he is courses at further education colleges are not available. taking to increase this availability. [45962] 18-year-old undergraduate entrants1 from Reading West constituency, the county of Berkshire2 and south-east England Government office Mr Prisk: Data on bank lending to all companies, region UK higher education institutions3. Academic years 2000/01 to including Small and Medium Enterprises (SMEs) and 2009/10 large companies, are collected and analysed by the Academic year Reading West Berkshire South-east Bank of England. Quarterly updates are made available through the Bank of England’s “Trends in Lending” 2000/01 185 2,150 19,125 publication. 2001/02 195 2,205 19,780 2002/03 205 2,255 20,250 Current data shows that in Q4 of 2010, £28.5 billion gross were lent to UK businesses (including both SMEs 2003/04 200 2,160 20,335 and large companies). More information is available at: 2004/05 220 2,515 21,395 2005/06 245 2,660 24,720 http://www.bankofengland.co.uk/publications/other/ monetary/trendsinlending.htm 2006/07 250 2,665 23,285 2007/08 220 2,595 23,630 The Government continue to monitor credit availability 2008/09 245 2,840 24,835 closely, and have conversations with both small business representatives and banks on this issue—through channels 2009/10 260 2,920 25,485 such as the Small Business Economic Forum. 1 Covers entrants to full-time and part-time courses. 2 Covers Bracknell Forest, Reading, Slough, West Berkshire, Windsor Recently, as a result of talks with Government, the and Maidenhead, and Wokingham local authorities. UK’s five major banks have stated a capacity and 3 Excludes the Open University due to inconsistencies in their coding willingness to lend £190 billion of new credit to business of entrants across the time series. Notes: in 2011, including new businesses. This includes £76 1. Figures in the table are on a HESA standard registration population billion of new lending to SMEs, which is a 15% increase basis and are rounded up or down to the nearest five. on the amount lent in 2010. This is to ensure that UK 2. Figures do not include entrants where the constituency, local businesses can access the finance they need to start and authority and Government office region of the student cannot be grow. established due to missing or invalid postcode information. Source: In addition, the Government continue to offer support Higher Education Statistics Agency (HESA) Student Record via the Enterprise Finance Guarantee Scheme to viable SMEs looking for bank finance but lacking track record Manufacturing Industries or collateral to secure a normal commercial loan. To date, over £1.39 billion of loans have been offered to Angus Robertson: To ask the Secretary of State for SMEs through the Enterprise Finance Guarantee, which Business, Innovation and Skills what end-user guarantees has been extended to 2014-15, with £700 million available are sought to ensure that arms manufactured in the UK this year. This includes 12 loans with a total value of are not used for internal repression in other countries. £1.44 million to businesses in the Montgomeryshire constituency. [45623] North West Regional Development Agency: Assets Mr Prisk: All applications will continue to be carefully assessed against the Consolidated EU and National Luciana Berger: To ask the Secretary of State for Arms Export Licensing Criteria, taking into account Business, Innovation and Skills for what reasons his the prevailing circumstances at the time of application Department has not permitted the North West Regional and proposed end use. Furthermore, Standard Individual Development Agency to publish its recommendations Export Licence Applications are supported by an end for the future ownership of its assets. [46307] user undertaking that requires the end user to sign that the goods will be used for the purpose stated. In line Mr Prisk: The Department has not instructed the with the criteria, export licences will not be issued North West Regional Development Agency, nor any where there is a clear risk that the export will be used for other regional development agency (RDA), not to publish internal repression. their recommendations for the future ownership of their assets or liabilities. All RDAs have prepared draft Stephen McPartland: To ask the Secretary of State plans for disposals and transfers: the plans have been for Business, Innovation and Skills what definition his developed by the RDAs, approved by their boards, and Department uses of Advanced Manufacturing. [45803] are subject to Government approval. It is for RDAs to decide when and how to release the plans as they know Mr Prisk: The UK manufacturing sector comprises a which aspects of the plans are commercially sensitive, wide range of different industries, technologies and we support them in being as transparent as possible activities. Increasingly, to be a successful manufacturer while protecting commercially sensitive material. 155W Written Answers14 MARCH 2011 Written Answers 156W

Overseas Students: Fees and Charges Mr Willetts: The Department does not systematically collect information on the links to the middle east of Mr Clappison: To ask the Secretary of State for research centres in British universities and so does not Business, Innovation and Skills what proportion of the always know whether a research centre has any such fee income paid by non-UK students attending UK links. Consequentially it does not know how many of universities will be spent on promoting access under the research centres opened or visited by Ministers had the proposals outlined by the Director General of the such links. Office for Fair Access. [46667] Solar Power Mr Willetts: The Director of Fair Access has set out the details of his approach to monitoring and approving Caroline Lucas: To ask the Secretary of State for institutions’ access agreements. He has given examples Business, Innovation and Skills what meetings (a) he of the proportions of income from tuition charges that and (b) Ministers in his Department have had with he may expect to see devoted to access measures, dependent their counterparts in the Department of Energy and on the circumstances of each institution. The access Climate Change on (i) economic and (ii) employment agreements that the Director may approve do not relate opportunities in the solar photovoltaic sector; and if he to tuition charge income derived from non-home and will make a statement. [46357] non-EU students. Parliamentary Scrutiny of Arms Sales Mr Prisk: The Department for Business, Innovation and Skills Ministers and I have not met with ministerial counterparts in the Department of Energy and Climate Cathy Jamieson: To ask the Secretary of State for Change (DECC) to discuss economic and employment Business, Innovation and Skills if he will consider the opportunities in the photovoltaic sector in particular. merits of introducing in the UK a system for However, Ministers and I have regular meetings with parliamentary prior scrutiny of arms sales. [45512] counterparts in the DECC and other Departments to discuss the move to a low carbon economy. Mr Prisk: The overall framework of the UK export licensing system is closely scrutinised by the Committees on Arms Export Controls and detailed information Students: Fees and Charges about export licensing decisions is published in the Government’s annual and quarterly reports on Strategic Mr Laurence Robertson: To ask the Secretary of Export Controls. Given the volume of licences issued State for Business, Innovation and Skills what steps he each year and the need for exporters to respond promptly plans to take to monitor the numbers of people to business opportunities, I do not think it would be undertaking medical degrees following the increase in practicable to have prior parliamentary scrutiny for the upper limit on tuition fees; and if he will make a arms export licensing decisions. statement. [46510] Research: Finance Mr Willetts: Currently the Universities and Colleges Admissions Service produces a regular summary of the Robert Halfon: To ask the Secretary of State for trends in applications and acceptances for full-time Business, Innovation and Skills whether his Department undergraduate courses, including medicine. The Department has received any representations on the funding of plans to continue to monitor this information. research centres in British universities by individuals and organisations associated with undemocratic regimes in the middle east with poor records on human rights; Students: Finance and what assessment he has made of the effect on extremism on university campuses. [46070] Mr Clappison: To ask the Secretary of State for Business, Innovation and Skills what (a) levels of Mr Willetts: The Department for Business, Innovation family income and (b) other criteria will determine and Skills (BIS) has not received any representations on whether students are eligible for bursaries or other the funding of research centres in British universities by financial assistance under the plans set out by the individuals and organisations associated with undemocratic Director General of the Office for Fair Access. [46668] regimes in the middle east with poor records on human rights Mr Willetts: It is for institutions themselves to determine Information on extremist activity on campuses where the criteria they will use in making bursaries and other it is reported is not centrally collected by BIS. No financial assistance available to their students. The Director assessment has been undertaken by BIS on any links of Fair Access has made clear in his guidance to institutions between funding of research centres and the effect on that he will normally expect such support to be targeted extremism on campus. at the most disadvantaged students and that he will only take account in his assessment of access agreements of Research: Middle East financial support directed at those entitled to state maintenance grants. In regard specifically to the new Robert Halfon: To ask the Secretary of State for National Scholarship Programme, we have announced Business, Innovation and Skills how many research that only those with low family income below £25,000 a centres in British universities with links to the middle year should be considered, but institutions will decide east his predecessors (a) opened and (b) visited who to help from this broad group according to their between 2005 and 2010. [46069] priorities for widening participation and access. 157W Written Answers14 MARCH 2011 Written Answers 158W

Mr Clappison: To ask the Secretary of State for Mr Prisk: The following tables show recent trends in Business, Innovation and Skills what assessment he has trade for India and China. made of the advice given by the Office for Fair Access India to universities on the provision of bursaries or other 2000 (£ 2010 (£ Percentage financial assistance to students from lower income Goods billion) billion) change families. [46670] UK exports 2.1 4.1 98 Mr Willetts: The guidance to institutions published UK imports 1.7 5.8 250 on 8 March by the Director of Fair Access on the provision of bursaries and other financial assistance to 2000 (£ 2009 (£ Percentage students is consistent with that sent to the Director by Services billion) billion) change Government Ministers on 10 February. UK exports 0.6 2.0 199 Students: Loans UK imports 0.7 1.7 198 China Richard Fuller: To ask the Secretary of State for 2000 (£ 2010 (£ Percentage Business, Innovation and Skills how many disputes Goods billion) billion) change between the Student Loans Company and individuals UK exports 1.5 7.6 418 in (a) Bedford constituency, (b) the East of England and (c) England were pending a resolution in the latest UK imports 4.8 30.4 530 period for which figures are available. [45392] 2000 (£ 2009 (£ Percentage Services billion) billion) change Mr Willetts: Disputes raised with the Student Loans Company (SLC) are dealt with under the SLC’s complaints UK exports 0.4 2.4 429 handling procedures. The SLC does not organise complaints UK imports 0.3 1.2 308 figures by constituency or by region, but is able to identify complaints raised by individual Members of Parliament. TrustMark Scheme SLC records show my hon. Friend raised one complaint on behalf of his constituents in Bedford. This was dealt with in September 2010 and there are currently no cases Mr Hanson: To ask the Secretary of State for Business, known to be pending a resolution. Innovation and Skills what plans his Department has As of Wednesday 9 March, the latest date for which for development and support of the TrustMark scheme; figures are available, a total of 156 complaints were and if he will make a statement. [45812] awaiting a response from the SLC. The SLC is not readily able to say how many of these are in relation to Mr Prisk: As the Minister for Employment Relations, English domiciled students. Consumer and Postal Affairs, my hon. Friend the Member Supermarkets for Kingston and Surbiton (Mr Davey), said in the Westminster Hall debate on 9 February 2011, Official Report, columns 103-04WH—TrustMark is an easy Simon Kirby: To ask the Secretary of State for way for consumers to identify a builder who has agreed Business, Innovation and Skills whether he has assessed to abide by industry standards of competence and fair the effects on the independent retail sector of recent trading and to be independently inspected. The Government trends in the number of supermarket outlets in town support the TrustMark Scheme as an effective way to and city centres. [45442] raise industry standards and empower consumers to select with confidence a reputable tradesperson in the Mr Prisk: The Department has made no such assessment. domestic repair, maintenance and improvement sector. However research published by the Institute of Grocery Distribution (IGD) on 8 December 2010 stated that the UK grocery market was worth £150.8 billion for the Mr Hanson: To ask the Secretary of State for calendar year 2010, an increase of 3.1% on 2009, and Business, Innovation and Skills what discussions he has that 21p in every £1 spent on food and grocery is spent had with representatives of TrustMark since May 2010; in convenience stores. The IGD also found that in 2009 what meetings officials in his Department have had to there were 7,970 hypermarkets, supermarkets and discuss the TrustMark scheme; and what further superstores compared with 73,539 traditional retailers meetings are planned with TrustMark representatives. and convenience stores. Of the hypermarkets, supermarkets [45813] and superstores, 104 were independents. At the end of April 2010 there were 48,410 convenience stores in the Mr Prisk: No discussions have taken place between UK, representing a year-on-year decrease of 0.5% over Trustmark and Ministers in the Department for Business the latest 12 month period. Innovation and Skills (BIS) since May 2010. Officials in Trade: Asia this Department have met Trustmark representatives on six occasions over this period. Neil Carmichael: To ask the Secretary of State for BIS officials met with the Minister for Employment Business, Innovation and Skills what recent assessment Relations, Consumer and Postal Affairs, my hon. Friend he has made of trends in trade with (a) India and (b) the Member for Kingston and Surbiton (Mr Davey), to China; and if he will make a statement. [44897] discuss the TrustMark scheme on 26 January 2010. 159W Written Answers14 MARCH 2011 Written Answers 160W

BIS Ministers have not met with representatives of The latest available figures for newly diagnosed cases of bowel TrustMark (2005) Ltd during this period, but an cancer (incidence) are for the year 2008. Please note that the introductory meeting between the Minister for Employment number of cases may not be the same as the number of people Relations, Consumer and Postal Affairs and Liz Male, diagnosed with cancer, because one person may be diagnosed with more than one cancer. the new chair of TrustMark (2005) Ltd, is planned for 21 March 2011. Table 1 provides the number of newly diagnosed cases of bowel cancer in England, in each year from 1999 to 2008. Further routine meetings between TrustMark (2005) The latest published figures on the incidence of bowel cancer Ltd executives and officials are anticipated although no in England can be found at: diary dates have been made. www.statistics.gov.uk/downloads/theme_health/mb1-39/mb1- no39-2008.pdf. Table 1. Registrations of newly diagnosed cases of bowel cancer, persons, 1, 2,3 CABINET OFFICE England, 1999 to 2008 Persons Average Earnings 1999 29,051 2000 28,966 Mr Jim Cunningham: To ask the Minister for the 2001 28,246 Cabinet Office what recent assessment he has made of 2002 28,281 the difference in the pay of high and low earners in the 2003 28,564 2004 29,571 (a) public and (b) private sector. [44911] 2005 30,175 2006 30,769 Mr Hurd: The information requested falls within the 2007 31,273 responsibility of the UK Statistics Authority. I have 2008 31,846 asked the authority to reply. 1 Bowel cancer is another name for colorectal cancer. Both are coded as Letter from Stephen Penneck, dated March 2011: C18-C20 in the International Classification of Diseases, Tenth Revision (ICD-10). 2 Based on boundaries as of February 2011. As Director General for the Office for National Statistics, I 3 Newly diagnosed cases registered in each calendar year. have been asked to reply to your recent Parliamentary Question asking what recent assessment has been made of the difference in the pay between high and low earners in the (a) public and (b) Public Houses: Manpower private sector. (44911) Levels of earnings are estimated from the Annual Survey of Hours and Earnings (ASHE), and are provided for all employees Philip Davies: To ask the Minister for the Cabinet on adult rates of pay whose pay for the survey period was not affected by absence. The ASHE, carried out in April each year, is Office how many people were employed in the (a) the most comprehensive source of earnings information in the public house and beer sector in each of the last three United Kingdom. years. [46430] There is no single definition of high and low earners within ONS. However, for illustration, the table attached shows for 2010 Mr Hurd: The information requested falls within the the 95th and 5th percentiles for the gross weekly pay for full-time employees on adult rates of pay in the public and private sector, responsibility of the UK Statistics Authority. I have whose pay for the survey period was not affected by absence. asked the authority to reply. Gross weekly pay for full-time employee jobs1 in the public and private sector, Letter from Stephen Penneck, dated March 2011: 2010 As Director General for the Office for National Statistics, I Gross weekly pay (£) have been asked to reply to your recent Parliamentary Question 5 percentile 95 percentile Difference asking how many people were employed in the public house and Public 285 1,167 882 beer industries in each of the last three years. (046430) Private 232 1,337 1,105 Annual statistics on the number of employees are published by 1 Full-time employees on adult rates whose pay for the survey period was not ONS in its annual employment statistics from the Business Register affected by absence. As at April 2010. Employment Survey (BRES). These figures detail the number of Source: employees and exclude the self employed. An estimate of jobs, Annual Survey of Hours and Earnings, Office for National Statistics. which includes self employed, would only be available through the Labour Force Survey but, due to BRES having a superior Bowel Cancer level of accuracy of industrial classification ONS has used the latter as its source for the information provided in the following Rosie Cooper: To ask the Minister for the Cabinet table. The latest period to which figures are available is 2009. Office how many patients were diagnosed with bowel Table 1 provides information showing the numbers of employees cancer in each of the last 10 years. [46002] engaged in the industries ‘manufacturing of beer’ and ‘public houses and bars’ in Great Britain for 2008 and 2009. Mr Hurd: The information requested falls within the Table 1: Number of employees in Great Britain for defined industries responsibility of the UK Statistics Authority. I have Thousand asked the Authority to reply. Period 5-digit standard industrial classification 2008 2009 Letter from Stephen Penneck, dated March 2011: As Director General for the Office for National Statistics, I 11050: Manufacture of beer 14.2 15.1 have been asked to reply to your recent question asking how many 56302: Public houses and bars 424.9 418.6 patients were diagnosed with bowel cancer in each of the last 10 Total 439.0 433.6 years. [46002] 161W Written Answers14 MARCH 2011 Written Answers 162W

Voting Rights: Prisoners under the Human Rights Act for a failure to introduce compatible legislation. The judgment was published on Robert Flello: To ask the Minister for the Cabinet 18 February 2011. Office how many applications for compensation his In addition, UK prisoners have made claims to the Department received in respect of prisoners claiming European Court of Human Rights in Strasbourg. I the right to vote in UK elections in each of the last five understand that as at the beginning of February 2011, years; and how much has been paid in such compensation. the European Court of Human Rights had received [26968] approximately 3,500 claims from UK prisoners unable to vote in elections. The Court has suspended Mr Harper [holding answer 29 November 2010]: Data consideration of these claims on the basis that the on the number of individual compensation claims received Government will implement the Hirst and Greens and in the past five years is not compiled centrally. MT judgments. The Government have sought to refer However, around 585 prisoners made a claim in the the Greens and MT judgment against the UK to the domestic courts for compensation and/or a declaration Grand Chamber of the European Court of Human that their rights were infringed by the fact that they Rights. If the Grand Chamber agrees to the referral, were denied the right to vote in the May 2010 general they will look again at the case and issue their own election. The Government successfully applied to the judgment. How the suspended claims are dealt with High Court to strike these cases out, on the basis that may depend on whether the Grand Chamber decides to damages cannot be awarded in the domestic courts accept the referral.

1MC Ministerial Corrections14 MARCH 2011 Ministerial Corrections 2MC Ministerial Correction [Official Report, 7 March 2011, Vol. 524, c. 878-79W.] Letter of correction from Mr Nick Herbert: An error has been identified in the written answer Monday 14 March 2011 given to the hon. Member for Shipley (Philip Davies) on 7 March 2011. The answer contained two typographical errors: in HOME DEPARTMENT the first table the transposition of the words ‘Accession (Immigration’ and an incorrect S.I. number, and in the Sponsors second table the omission of a reference to the revoked regulation 3 of S.I. 2009/3136. Philip Davies: To ask the Secretary of State for the The full answer given was as follows: Home Department how many regulations sponsored by her Department have been (a) introduced since Nick Herbert: The following statutory instruments in 18 November 2010 and (b) revoked since 2 February the form of regulations have been made by the Department 2011. [44365] on or after 18 November 2010.

S.I. No. S.I. Title Made date

2010 No. 2807 The Immigration and Nationality (Fees) (No. 2) Regulations 2010 21 November 2010 2010 No. 2826 The Police Authority (Amendment No. 2) Regulations 2010 24 November 2010 2010 No. 2851 The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) 29 November 2010 (Amendment) Regulations 2010 2010 No. 2958 The Immigration (Biometric Registration) (Amendment) Regulations 2010 13 December 2010 2010 No. 3018 The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 20 December 2010 2010 No. 3030 The Police Authority (Amendment No. 3) Regulations 2010 21 December 2010 2011 No. 230 The Police Federation (Amendment) Regulations 2011 4 February 2011 2011 No. 300 The Police Act 1996 (Equipment) Regulations 2011 9 February 2011 2011 No. 448 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2011 18 February 2011 2011 No. 544 The Immigration (Accession and Worker Registration) (Revocation, Savings and Consequential 24 February 2011 Provisions) Regulations 2011

The following statutory instruments in the form of regulations are revoked by the Department since 2 February. None of the revocations are yet in force.

(1) Regulations revoked (2) References (3) Extent of revocation (4) Revoking instrument

The Misuse of Drugs (Amendment) (England, S.I 2010/1144 Regulation 3(a) S.I 2011/544 Wales and Scotland) Regulations 2010

The Immigration (European Economic Area) S.I. 2006/1003 Paragraph 7 of Schedule 5 S.I 2011/544 Regulations 2006

The Accession (Immigration and Worker S.I. 2006/3317 Paragraph 1 of Schedule 2 S.I 2011/544 Authorisation) Regulations 2006

The Accession (Immigration and Worker S.I. 2007/475 Regulation 3 S.I 2011/544 Authorisation) (Amendment) Regulations 2007

The Accession (Immigration and Worker S.I. 2007/928 The whole Regulations S.I 2011/544 Registration) (Amendment) Regulations 2007

The Accession (Worker Authorisation and S.I. 2007/3012 Regulation 3 S.I 2011/544 Worker Registration) (Amendment) Regulations 2007

The Accession (Immigration and Worker S.I. 2009/892 The whole Regulations S.I 2011/544 Registration) (Amendment) Regulations 2009

The Accession (Worker Authorisation and S.I. 2009/2426 Regulation 3 S.I 2011/544 Worker Registration) (Amendment) Regulations 2009 3MC Ministerial Corrections14 MARCH 2011 Ministerial Corrections 4MC

The correct answer should have been:

Nick Herbert: The following statutory instruments in the form of regulations have been made by the Department on or after 18 November 2010:

S.I. No. S.I. Title Made Date

2010 No. 2807 The Immigration and Nationality (Fees) (No. 2) Regulations 2010 21 November 2010 2010 No. 2826 The Police Authority (Amendment No. 2) Regulations 2010 24 November 2010 2010 No. 2851 The Licensing Act 2003 (Premises licences and permitted temporary activities) (Forms and notices) 29 November 2010 (Amendment) Regulations 2010 2010 No. 2958 The Immigration (Biometric Registration) (Amendment) Regulations 2010 13 December 2010 2010 No. 3018 The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 20 December 2010 2010 No. 3030 The Police Authority (Amendment No. 3) Regulations 2010 21 December 2010 2011 No. 230 The Police Federation (Amendment) Regulations 2011 4 February 2011 2011 No. 300 The Police Act 1996 (Equipment) Regulations 2011 9 February 2011 2011 No. 448 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2011 18 February 2011 20 H No. 544 The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential 24 February 2011 Provisions) Regulations 2011

The following statutory instruments in the form of regulations are revoked by the department since 2 February. None of the revocations is yet in force.

(1) Regulations revoked (2) References (3) Extent of revocation (4) Revoking instrument

The Misuse of Drugs (Amendment) (England, S.I. 2009/3136 Regulation 3 S.I. 2011/448 Wales and Scotland) Regulations 2009 The Misuse of Drugs (Amendment) (England, S.I 2010/1144 Regulation 3(a) S.I. 2011/448 Wales and Scotland) Regulations 2010 The Immigration (European Economic Area) S.I. 2006/1003 Paragraph 7 of Schedule 5 S.I. 2011/544 Regulations 2006 The Accession (Immigration and Worker S.I. 2006/3317 Paragraph 1 of Schedule 2 S.I. 2011/544 Authorisation) Regulations 2006 The Accession (Immigration and Worker S.I. 2007/475 Regulation 3 S.I. 2011/544 Authorisation) (Amendment) Regulations 2007 The Accession (Immigration and Worker S.I. 2007/928 The whole Regulations. S.I. 2011/544 Registration) (Amendment) Regulations 2007 The Accession (Worker Authorisation and S.I. 2007/3012 Regulation 3 S.I. 2011/544 Worker Registration) (Amendment) Regulations 2007 The Accession (Immigration and Worker S.I. 2009/892 The whole Regulations S.I. 2011/544 Registration) (Amendment) Regulations 2009 The Accession (Worker Authorisation and S.I. 2009/2426 Regulation 3 S.I. 2011/544 Worker Registration) (Amendment) Regulations 2009 ORAL ANSWERS

Monday 14 March 2011

Col. No. Col. No. DEFENCE...... 1 DEFENCE—continued Afghanistan ...... 1 Middle East and North Africa ...... 16 Cyber-security...... 10 NATO Reform...... 9 Defence Equipment ...... 14 North Africa ...... 3 Harmonisation Project...... 11 Nuclear Deterrent ...... 7 HMS Illustrious ...... 15 RAF Machrihanish...... 12 Industrial, Security and Technology Policy ...... 5 Strategic Defence and Security Review ...... 16 International Arms Trade ...... 6 Strategic Planning ...... 13 Libya...... 14 Topical Questions ...... 17 Means of Identification (Licensing) ...... 8 Trident Replacement Programme...... 8 WRITTEN MINISTERIAL STATEMENTS

Monday 14 March 2011

Col. No. Col. No. ENERGY AND CLIMATE CHANGE...... 1WS TRANSPORT ...... 3WS Independent Fuel Poverty Review...... 1WS Coastguard Service (Consultation) ...... 3WS FOREIGN AND COMMONWEALTH OFFICE..... 1WS Linda Norgrove ...... 1WS WORK AND PENSIONS ...... 3WS NORTHERN IRELAND ...... 2WS Employment, Social Policy, Health and Consumer Rosemary Nelson Inquiry ...... 2WS Affairs Council ...... 3WS WRITTEN ANSWERS

Monday 14 March 2011

Col. No. Col. No. ATTORNEY-GENERAL ...... 118W BUSINESS, INNOVATION AND SKILLS—continued Departmental Manpower...... 118W Parliamentary Scrutiny of Arms Sales ...... 155W Departmental Ministerial Policy Advisers...... 118W Research: Finance...... 155W Departmental Procurement...... 118W Research: Middle East ...... 155W Departmental Public Expenditure...... 119W Solar Power...... 156W Departmental Redundancy ...... 120W Students: Fees and Charges...... 156W Departmental Regulation...... 120W Students: Finance ...... 156W DNA: Databases...... 120W Students: Loans ...... 157W Supermarkets ...... 157W BUSINESS, INNOVATION AND SKILLS...... 146W Trade: Asia...... 157W Arms Brokers...... 146W TrustMark Scheme...... 158W Arms Export Licences...... 146W Arms Supply ...... 147W Arms Trade...... 147W CABINET OFFICE...... 159W Business: Regulation ...... 147W Average Earnings ...... 159W Companies: Export Controls ...... 148W Bowel Cancer...... 159W Companies: Overseas Subsidiaries ...... 148W Public Houses: Manpower ...... 160W Construction: Public Sector ...... 149W Voting Rights: Prisoners ...... 161W Departmental Billing ...... 149W Departmental Buildings...... 150W Departmental Offices...... 150W COMMUNITIES AND LOCAL GOVERNMENT . 86W Departmental Written Questions ...... 150W Affordable Housing ...... 86W Export Licences ...... 151W Departmental Food...... 86W Higher Education: Admissions ...... 151W Departmental Furniture...... 87W Higher Education: Finance ...... 151W Departmental Legal Costs ...... 87W Higher Education: Part-Time Education...... 152W Fire Services: Finance ...... 88W Higher Education: Research ...... 152W Food: Procurement ...... 88W Higher Education: South East ...... 152W Housing: Overcrowding ...... 88W Manufacturing Industries ...... 153W Local Government: Referendums ...... 89W Middle East and North Africa ...... 146W Planning...... 90W New Businesses: Montgomeryshire...... 154W Public Expenditure...... 90W North West Regional Development Agency: Public Sector: Pay ...... 90W Assets...... 154W Shops: Empty Property...... 91W Overseas Students: Fees and Charges...... 155W Supermarkets ...... 91W Col. No. Col. No. CULTURE, MEDIA AND SPORT ...... 9W EDUCATION—continued Broadband: Berkshire ...... 9W Teachers: Conditions of Employment...... 57W Digital Technology: Industry ...... 9W Teachers: Professional Development...... 57W Sports: Scotland...... 9W Teachers: Recruitment ...... 58W Technology: Greater London...... 9W Teachers: Training...... 58W Think Family Scheme: Finance...... 59W DEFENCE...... 12W Three Valleys Independent Academy ...... 59W Afghanistan ...... 12W Vocational Guidance...... 60W Armed Forces: Injuries...... 13W Written Questions: Government Responses ...... 61W Armed Forces: Northern Ireland ...... 14W Young People: Protection...... 61W Armed Forces: Redundancies...... 13W Youth Crime Action Plan: Finance ...... 62W Armed Forces: Redundancy...... 15W Youth Opportunity Fund: Finance ...... 62W Brighton...... 16W Conflict Prevention ...... 13W ENERGY AND CLIMATE CHANGE ...... 106W Cybercrime ...... 16W Biomass ...... 106W Departmental Billing ...... 16W Climate Change: Arctic...... 106W Departmental Redundancy ...... 17W Dementia: Older People ...... 107W Electronic Warfare ...... 17W Departmental Contracts ...... 107W Germany: Military Bases ...... 18W Departmental Manpower...... 107W Guided Missiles ...... 18W Departmental Procurement...... 109W Military Covenant...... 12W Departmental Rail Travel...... 110W Operation Herrick...... 13W Departmental Scientists ...... 110W Puma Helicopters...... 18W Departmental Written Questions ...... 110W RAF Valley...... 19W Devolution: Northern Ireland...... 111W Reserve Forces ...... 13W Electricity Supply...... 111W Strategic Defence and Security Review ...... 20W Electromagnetic Fields: Leukaemia ...... 113W Environment Protection...... 114W DEPUTY PRIME MINISTER ...... 33W Environment Protection: Job Creation...... 114W Alternative Vote: Referendums...... 33W Green Investment Bank: Scotland...... 115W Departmental Written Questions ...... 33W Hydrogen: Nanotechnology...... 115W Prisoners: Sentencing ...... 33W Liquefied Natural Gas: Security ...... 116W Prisoners: Voting Rights ...... 34W Nuclear Power...... 116W Public Bills ...... 37W Solar Power...... 116W Solar Power: Feed-in Tariffs...... 117W Vinyl Acetate...... 118W EDUCATION...... 41W Wind Power: Feed-in Tariffs...... 118W Academies: Finance ...... 41W Academies: Standards...... 41W Children: Human Trafficking...... 41W ENVIRONMENT, FOOD AND RURAL Children’s Centres: Finance ...... 42W AFFAIRS...... 5W Connexions: Conditions of Employment...... 43W Beef: Imports ...... 5W Connexions Service: Essex ...... 42W Fisheries...... 6W ContactPoint: Finance ...... 44W Forests ...... 6W Departmental Expenditure ...... 44W Forests: Devon ...... 6W Departmental Manpower...... 43W Forests: Kettering...... 7W Departmental Regulation...... 44W Sky Lanterns: Regulation...... 7W Departmental Security ...... 45W Telehandlers...... 8W Drugs: Education...... 46W Education Maintenance Allowance...... 47W FOREIGN AND COMMONWEALTH OFFICE..... 63W Education Maintenance Allowance: Free School Afghanistan: Drugs...... 63W Meals ...... 48W Afghanistan: Politics and Government ...... 63W Electoral Reform Services ...... 48W Arms Trade: Treaties...... 63W Food: Procurement ...... 48W Departmental Land ...... 64W Foster Care ...... 49W Departmental Procurement...... 64W Free Schools...... 49W France: Anti-Semitism ...... 65W Further Education ...... 50W Human Trafficking ...... 65W Health Education: Sex ...... 50W Israel: Arrests...... 66W Higher Education: Fees and Charges ...... 51W Israel: Politics and Government ...... 67W Holocaust Educational Trust ...... 51W Libya...... 67W Ilkley School ...... 52W Libya: British Nationals Abroad...... 67W International Baccalaureate ...... 52W Middle East: Peace Negotiations...... 68W Languages: Teachers ...... 52W Middle East: Politics and Government...... 68W Personal, Social, Health and Economic Religious Hatred: Crimes of Violence ...... 68W Education ...... 53W Russia: Immigration...... 69W Pupils: Disadvantaged...... 53W Sudan: Politics and Government...... 69W Residential Schools: Finance...... 53W Tripoli: Embassies...... 70W Schools: Buildings...... 54W Schools: Finance...... 54W HEALTH...... 70W Schools: Leeds ...... 54W Abortion Act 1967 ...... 70W Schools: Sports ...... 55W Blood: Donors ...... 72W Schools: Transport ...... 56W Blood Transfusions ...... 70W Schools: Vocational Guidance...... 57W Blood Transfusions: Viruses...... 71W Col. No. Col. No. HEALTH—continued JUSTICE—continued Departmental Procurement...... 73W Bail Hostels...... 132W Diabetes ...... 73W Civil Proceedings: Legal Costs ...... 133W Doctors: Working Hours ...... 74W Community Orders ...... 134W Drugs: Prices...... 75W Crimes of Violence: Victims...... 134W Epilepsy: Brighton ...... 76W Departmental Procurement...... 136W Food: Labelling...... 76W Knives: Crime ...... 137W General Practitioners ...... 76W Legal Aid: Negligence...... 138W Hay Fever ...... 77W Legal Aid: Rochdale ...... 138W Hay Fever: British Medical Association...... 77W Legal Aid Scheme: Judicial Reviews...... 137W Hay Fever: Drugs...... 77W Litigation: Legal Costs...... 139W Heart Diseases: Children...... 79W Members: Correspondence ...... 139W HIV Infection: Screening ...... 80W Offenders: Berkshire ...... 139W Hospitals: Food ...... 81W Offenders: Employment Schemes...... 140W Hygiene: Publicity...... 81W Personal Injury ...... 141W Medical Equipment ...... 82W Prison Service: Market Testing...... 141W NHS Foundation Trusts...... 82W Prison Service: Training ...... 141W NHS: Private Patients ...... 82W Prosecutions: Brighton...... 142W NHS: Reorganisation...... 83W Reoffenders: Greater London ...... 142W Obesity: Children ...... 83W Repossession Orders: Brighton ...... 144W Obesity: Death ...... 84W Repossession Orders: Suffolk ...... 144W Paediatrics: Incontinence ...... 84W Sentencing...... 145W Sex: Health Education ...... 84W Written Questions: Government Responses ...... 146W Teenage Pregnancy: Family Planning...... 85W Tissue Viability Nurses...... 85W NORTHERN IRELAND ...... 11W Tissue Viability Sores: Infections ...... 85W Departmental Procurement...... 11W Tobacco: EU Law ...... 85W Departmental Written Questions ...... 12W Urology: Nurses...... 86W PRIME MINISTER...... 30W HOME DEPARTMENT...... 21W 10 Downing Street and Chequers ...... 30W Anti-Terrorism Control Orders: Prosecutions ...... 21W Anti-Semitism...... 30W Asylum ...... 22W Chequers...... 31W Black Police Association ...... 22W Chequers: Operating Costs ...... 31W Breathalysers...... 22W Community Security Trust Annual Dinner ...... 31W British Overseas Citizenship...... 23W Departmental Official Visits...... 32W Crime: Maps ...... 23W E-petition System...... 32W Crime: Young People ...... 24W Libya...... 32W Departmental Procurement...... 24W Save the Children Fund...... 32W Departmental Regulation...... 24W Detention Centres: Children ...... 25W SCOTLAND...... 10W Dyfed-Powys Police: Helicopters...... 25W Citizens’ Advice Bureaux ...... 10W Homicide ...... 26W Departmental Land ...... 10W Immigration Controls ...... 27W Departmental Procurement...... 10W Members: Correspondence ...... 27W Departmental Visits Abroad ...... 11W Northumbria Police: Manpower ...... 27W Departmental Written Questions ...... 11W Northumbria Police: Stun Guns...... 28W Energy: Prices ...... 11W Official Cars: Prime Minister ...... 28W Police ...... 28W Police: Bureaucracy...... 28W TRANSPORT ...... 97W Police: Yorkshire and the Humber ...... 29W Arriva Trains: Deutsche Bahn...... 97W Third Sector...... 29W Aviation: Security...... 97W Vetting ...... 29W Biofuels...... 98W Visas: Students...... 30W Cycling England and Bikeability...... 98W Departmental Conditions of Employment...... 99W INDEPENDENT PARLIAMENTARY Departmental Leaseback Arrangements ...... 99W STANDARDS AUTHORITY COMMITTEE ...... 2W Electoral Reform Services ...... 100W Data Protection...... 2W Electric Vehicles ...... 100W Departmental Publications ...... 2W High Speed 1: Privatisation...... 100W Departmental Recruitment ...... 2W Large Goods Vehicles: Tolls...... 100W Employment ...... 3W London Midland: Fares ...... 101W Manpower...... 4W Mayors: Transport ...... 101W Pay...... 3W Railways: Finance ...... 101W Railways: Standards...... 101W INTERNATIONAL DEVELOPMENT...... 37W Renewable Transport Fuel Obligation...... 102W Departmental Procurement...... 38W Roads: Trans-European Networks ...... 102W Pakistan: Floods ...... 38W Sea Rescue ...... 103W Renewable Energy...... 37W Southeastern: Franchises ...... 105W United Nations Environment Programme...... 39W Third Sector...... 106W United Nations: Expenditure ...... 40W West Coast Railway Line: Rolling Stock ...... 106W

JUSTICE...... 131W TREASURY ...... 91W Animal Welfare: Convictions ...... 131W Bank: Loans...... 91W Col. No. Col. No. TREASURY—continued WOMEN AND EQUALITIES...... 8W Enterprise Investment Scheme ...... 91W Departmental Regulation...... 8W Financial Institutions...... 92W Gift Aid ...... 92W WORK AND PENSIONS ...... 120W Green Investment Bank ...... 92W Children: Maintenance ...... 120W Green Investment Bank: Scotland...... 93W Council Tax Benefits...... 121W Industrial Diseases: Compensation ...... 93W Departmental Billing ...... 121W Internet: National Income...... 93W Departmental Public Expenditure...... 122W Multilateral Information Exchange Agreement...... 93W Disability Living Allowance...... 122W National Insurance Contributions ...... 94W Employment Schemes ...... 123W Public Finance ...... 95W Housing Benefit ...... 123W Small Businesses: VAT ...... 95W Independent Living Fund ...... 125W Smuggling: Fuels...... 95W Personal Income ...... 126W Taxation...... 95W Remploy: Voluntary Redundancy ...... 126W VAT: Further Education ...... 96W Social Security Benefits...... 127W Written Questions: Government Responses ...... 96W Social Security Benefits: Disqualification...... 128W Social Security Benefits: Public Expenditure...... 128W WALES...... 1W Universal Credit...... 129W Departmental Written Questions...... 1W Universal Credit: Public Expenditure...... 131W Prisons ...... 1W Warm Home Discount Scheme ...... 131W St David’s Day ...... 1W Winter Fuel Payments: British Nationals Abroad.. 131W MINISTERIAL CORRECTION

Monday 14 March 2011

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CONTENTS

Monday 14 March 2011

List of Government and Principal Officers of the House

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

Japan and the Middle East [Col. 25] Statement—(The Prime Minister)

Scotland Bill [Col. 49] Further considered in Committee

Hindi Radio Service (BBC) [Col. 135] Debate on motion for Adjournment

Written Ministerial Statements [Col. 1WS]

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

Ministerial Correction [Col. 1MC]