Vol. 742 Tuesday No. 89 8 January 2013
PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT
ORDER OF BUSINESS
Death of a Member: Lord Rees-Mogg Announcement Leader of the House Questions Airports: Capacity Housing: New Homes Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2012 Economy: Effect of US “Fiscal Cliff” Solution Ibrahim Magag: Disappearance Private Notice Question NHS: South London Healthcare Trust Private Notice Question Public Service Pensions Bill Order of Consideration Motion Growth and Infrastructure Bill Second Reading Armed Forces: Future Size Question for Short Debate
Grand Committee Public Bodies (Abolition of British Shipbuilders) Order 2013 Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2012 Considered in Grand Committee Sri Lanka Question for Short Debate
Written Statements Written Answers For column numbers see back page
£4·00 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. The bound volumes also will be sent to those Peers who similarly notify their wish to receive them. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201213/ldhansrd/index/130108.html
PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £4 Annual subscriptions: Commons, £865; Lords £525 LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £105; Lords, £60 (£100 for a two-volume edition). Standing orders will be accepted. THE INDEX to each Bound Volume of House of Commons Debates is published separately at £9·00 and can be supplied to standing order. All prices are inclusive of postage.
© Parliamentary Copyright House of Lords 2013, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. HER MAJESTY’S GOVERNMENT
PRINCIPAL OFFICERS OF STATE
THE CABINET 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. Nick Clegg, MP FIRST SECRETARY OF STATE AND SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS—The Rt. Hon. William Hague, MP CHANCELLOR OF THE EXCHEQUER—The Rt. Hon. George Osborne, MP CHIEF SECRETARY TO THE TREASURY—The Rt. Hon. Danny Alexander, MP SECRETARY OF STATE FOR THE HOME DEPARTMENT—The Rt. Hon. Theresa May, MP SECRETARY OF STATE FOR DEFENCE—The Rt. Hon. Philip Hammond, MP SECRETARY OF STATE FOR BUSINESS,INNOVATION AND SKILLS AND PRESIDENT OF THE BOARD OF TRADE—The Rt. Hon. Vince Cable, MP SECRETARY OF STATE FOR WORK AND PENSIONS—The Rt. Hon. Iain Duncan Smith, MP LORD CHANCELLOR AND SECRETARY OF STATE FOR JUSTICE—The Rt. Hon. Chris Grayling, MP SECRETARY OF STATE FOR EDUCATION—The Rt. Hon. Michael Gove, MP SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT—The Rt. Hon. Eric Pickles, MP SECRETARY OF STATE FOR HEALTH—The Rt. Hon. Jeremy Hunt, MP SECRETARY OF STATE FOR ENVIRONMENT,FOOD AND RURAL AFFAIRS—The Rt. Hon. Owen Paterson, MP SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT—The Rt. Hon. Justine Greening, MP SECRETARY OF STATE FOR SCOTLAND—The Rt. Hon. Michael Moore, MP SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE—The Rt. Hon. Edward Davey, MP SECRETARY OF STATE FOR TRANSPORT—The Rt. Hon. Patrick McLoughlin, MP SECRETARY OF STATE FOR CULTURE,MEDIA AND SPORT AND MINISTER FOR WOMEN AND EQUALITIES—The Rt. Hon. Maria Miller, MP SECRETARY OF STATE FOR NORTHERN IRELAND—The Rt. Hon. Theresa Villiers, MP SECRETARY OF STATE FOR WALES—The Rt. Hon. David Jones, MP LEADER OF THE HOUSE OF LORDS AND CHANCELLOR OF THE DUCHY OF LANCASTER—Lord Hill of Oareford, CBE
DEPARTMENTS OF STATE AND MINISTERS
Business, Innovation and Skills— SECRETARY OF STATE AND PRESIDENT OF THE BOARD OF TRADE—The Rt. Hon. Vince Cable, MP MINISTERS OF STATE— The Rt. Hon. David Willetts, MP The Rt. Hon. Michael Fallon, MP Lord Green of Hurstpierpoint PARLIAMENTARY UNDER-SECRETARIES OF STATE— Lord Marland Jo Swinson, MP Matthew Hancock, MP
Cabinet Office— MINISTER FOR THE CABINET OFFICE AND PAYMASTER-GENERAL—The Rt. Hon. Francis Maude, MP MINISTER FOR GOVERNMENT POLICY—The Rt. Hon. Oliver Letwin, MP MINISTER OF STATE—The Rt. Hon. David Laws, MP PARLIAMENTARY SECRETARIES— Nick Hurd, MP Chloe Smith, MP
Communities and Local Government— SECRETARY OF STATE—The Rt. Hon. Eric Pickles, MP SENIOR MINISTER OF STATE—The Rt. Hon. Baroness Warsi MINISTER OF STATE—Mark Prisk, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Nick Boles, MP The Rt. Hon. Don Foster, MP Brandon Lewis, MP Baroness Hanham, CBE ii
Culture, Media and Sport—
SECRETARY OF STATE—The Rt. Hon. Maria Miller, MP
MINISTER OF STATE—The Rt. Hon. Hugh Robertson, MP
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Ed Vaizey, MP Helen Grant, MP Jo Swinson, MP
Defence—
SECRETARY OF STATE—The Rt. Hon. Philip Hammond, MP
MINISTEROF STATE (MINISTER FOR THE ARMED FORCES)—The Rt. Hon. Andrew Robathan, MP
MINISTEROF STATE—The Rt. Hon. Mark Francois, MP
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Dr Andrew Murrison, MP Philip Dunne, MP Lord Astor of Hever, DL
Education—
SECRETARY OF STATE—The Rt. Hon. Michael Gove, MP
MINISTER OF STATE—The Rt. Hon. David Laws, MP
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Matthew Hancock, MP Edward Timpson, MP Elizabeth Truss, MP
Energy and Climate Change—
SECRETARY OF STATE—The Rt. Hon. Edward Davey, MP
MINISTERS OF STATE— The Rt. Hon. Gregory Barker, MP John Hayes, MP
PARLIAMENTARY UNDER-SECRETARY OF STATE—Baroness Verma
Environment, Food and Rural Affairs—
SECRETARY OF STATE—The Rt. Hon. Owen Paterson, MP
MINISTER OF STATE—David Heath, CBE, MP
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Richard Benyon, MP Lord De Mauley, TD
Foreign and Commonwealth Office—
SECRETARY OF STATE—The Rt. Hon. William Hague, MP
SENIOR MINISTER OF STATE—The Rt. Hon. Baroness Warsi
MINISTERS OF STATE— The Rt. Hon. David Lidington, MP The Rt. Hon. Hugo Swire, MP Lord Green of Hurstpierpoint
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Mark Simmonds, MP Alistair Burt, MP
Health—
SECRETARY OF STATE—The Rt. Hon. Jeremy Hunt, MP
MINISTER OF STATE—Norman Lamb, MP
PARLIAMENTARY UNDER-SECRETARIES OF STATE— Anna Soubry, MP Daniel Poulter, MP Earl Howe iii
Home Office— SECRETARY OF STATE—The Rt. Hon. Theresa May, MP MINISTER OF STATE (MINISTER FOR IMMIGRATION)—Mark Harper, MP MINISTER OF STATE (MINISTER FOR POLICING AND CRIMINAL JUSTICE)—The Rt. Hon. Damian Green, MP MINISTER OF STATE—Jeremy Browne, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— James Brokenshire, MP Lord Taylor of Holbeach
International Development— SECRETARY OF STATE—The Rt. Hon. Justine Greening, MP MINISTER OF STATE—The Rt. Hon. Alan Duncan, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Lynne Featherstone, MP
Justice— LORD CHANCELLOR AND SECRETARY OF STATE—The Rt. Hon. Chris Grayling, MP MINISTERS OF STATE— The Rt. Hon. Lord McNally The Rt. Hon. Damian Green, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Helen Grant, MP Jeremy Wright, MP
Law Officers— ATTORNEY-GENERAL—The Rt. Hon. Dominic Grieve, QC, MP SOLICITOR-GENERAL—Oliver Heald, 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 LORD PRIVY SEAL—The Rt. Hon. Andrew Lansley, CBE, MP PARLIAMENTARY SECRETARY—Rt. Hon. Tom Brake, MP
Leader of the House of Lords— LEADER OF THE HOUSE OF LORDS AND CHANCELLOR OF THE DUCHY OF LANCASTER—Lord Hill of Oareford, CBE DEPUTY LEADER OF THE HOUSE OF LORDS—The Rt. Hon. Lord McNally
Northern Ireland— SECRETARY OF STATE—The Rt. Hon. Theresa Villiers, MP MINISTER OF STATE—Mike Penning, 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. David Mundell, MP
Transport— SECRETARY OF STATE—The Rt. Hon. Patrick McLoughlin, MP MINISTER OF STATE—The Rt. Hon. Simon Burns, MP PARLIAMENTARY UNDER-SECRETARIES OF STATE— Norman Baker, MP Stephen Hammond, MP
Treasury— PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt. Hon. David Cameron, MP CHANCELLOR OF THE EXCHEQUER—The Rt. Hon. George Osborne, MP CHIEF SECRETARY—The Rt. Hon. Danny Alexander, MP FINANCIAL SECRETARY—Rt. Hon. Greg Clark, MP EXCHEQUER SECRETARY—David Gauke, MP ECONOMIC SECRETARY—Sajid Javid, MP COMMERCIAL SECRETARY—Lord Deighton PARLIAMENTARY SECRETARY (CHIEF WHIP)—The Rt. Hon. Sir George Young, MP iv
LORDS COMMISSIONERS (GOVERNMENT WHIPS)— Rt Hon Desmond Swayne, MP Anne Milton, MP Stephen Crabb, MP David Evennett, MP Robert Goodwill, MP Mark Lancaster, MP ASSISTANT GOVERNMENT WHIPS— Greg Hands, MP Karen Bradley, MP Jo Johnson, MP Nicky Morgan, MP Robert Syms, MP Mark Hunter, MP Jenny Willott MP
Wales Office— SECRETARY OF STATE—The Rt. Hon. David Jones, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Stephen Crabb, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Baroness Randerson
Work and Pensions— SECRETARY OF STATE—The Rt. Hon. Iain Duncan Smith, MP MINISTERS OF STATE— Mark Hoban, MP Steve Webb, MP PARLIAMENTARY UNDER-SECRETARY OF STATE—Esther McVey, MP PARLIAMENTARY UNDER-SECRETARY OF STATE (MINISTER FOR WELFARE REFORM)—Lord Freud
Ministers without Portfolio— The Rt. Hon. Kenneth Clarke, QC, MP The Rt. Hon. Grant Shapps, MP
Her Majesty’s Household— LORD CHAMBERLAIN—The Rt. Hon. Earl Peel, GCVO LORD STEWARD—The Earl of Dalhousie MASTER OF THE HORSE—Lord Vestey, KCVO LORDS IN WAITING— Viscount Brookeborough Lord Faringdon TREASURER (DEPUTY CHIEF WHIP)—The Rt. Hon. John Randall, MP COMPTROLLER (DEPUTY CHIEF WHIP)—The Rt. Hon. Alistair Carmichael, MP VICE-CHAMBERLAIN (DEPUTY CHIEF WHIP)—The Rt. Hon. Greg Knight, MP
Government Whips, House of Lords— CAPTAIN OF THE HONOURABLE CORPS OF GENTLEMEN-AT-ARMS (CHIEF WHIP)—The Rt. Hon. Baroness Anelay of St Johns, DBE CAPTAIN OF THE QUEEN’S BODYGUARD OF THE YEOMEN OF THE GUARD (DEPUTY CHIEF WHIP)—Lord Newby, OBE BARONESSES IN WAITING— Baroness Garden of Frognal Baroness Northover Baroness Stowell of Beeston LORDS IN WAITING— Lord Ahmad of Wimbledon Earl Attlee Lord Gardiner of Kimble The Rt. Hon. Lord Wallace of Saltaire Viscount Younger of Leckie HOUSE OF LORDS
PRINCIPAL OFFICE HOLDERS AND SENIOR STAFF LORD SPEAKER—The Rt. Hon. Baroness D’Souza, CMG CHAIRMAN OF COMMITTEES—The Lord Sewel, CBE PRINCIPAL DEPUTY CHAIRMAN OF COMMITTEES—The Lord Boswell of Aynho CLERK OF THE PARLIAMENTS—D. R. Beamish, LL.M CLERK ASSISTANT—E. C. Ollard READING CLERK AND CLERK OF THE OVERSEAS OFFICE—R. H. Walters, D.Phil GENTLEMAN USHER OF THE BLACK ROD AND SERJEANT-AT-ARMS—Lieutenant General David Leakey, CMG, CBE COMMISSIONER FOR STANDARDS—P. R. Kernaghan, CBE, QPM COUNSEL TO THE CHAIRMAN OF COMMITTEES—A. Roberts; M. Thomas; P. Milledge REGISTRAR OF LORDS’INTERESTS—B. P. Keith CLERK OF COMMITTEES—Dr F. P. Tudor LEGAL ADVISER TO THE HUMAN RIGHTS COMMITTEE—M. R. Hunt DIRECTOR OF INFORMATION SERVICES AND LIBRARIAN—Dr E. Hallam Smith DIRECTOR OF FACILITIES—C. V. Woodall FINANCE DIRECTOR—A. Makower DIRECTOR OF PARLIAMENTARY ICT SERVICE—Mrs J. Miller DIRECTOR OF HUMAN RESOURCES—T. V. Mohan CLERK OF LEGISLATION—S. P. Burton PRINCIPAL CLERK OF SELECT COMMITTEES—J. Vaughan
8 January 2013
THE PARLIAMENTARY DEBATES (HANSARD)
IN THE SECOND SESSION OF THE FIFTY-FIFTH PARLIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND COMMENCING ON THE EIGHTEENTH DAY OF MAY IN THE FIFTY-NINTH YEAR OF THE REIGN OF
HER MAJESTY QUEEN ELIZABETH II
FIFTH SERIES VOLUME DCCXLII
SIXTH VOLUME OF SESSION 2012-13
1,300 weeks in politics, which is a very long time House of Lords indeed. In that time, the noble Lord, Lord Strathclyde, has covered the ground. He entered government in Tuesday, 8 January 2013. 1988, appointed by the now noble Baroness, Lady Thatcher, as a junior Whip in the old Department of 2.30 pm Trade and Industry. There, as I understand it, he met a very young researcher from the Conservative Research Prayers—read by the Lord Bishop of Derby. Department called David Cameron, a contact which has clearly stood him in very good stead. Death of a Member: Lord Rees-Mogg Indeed, if my memory serves me correctly, when, Announcement after the inconclusive result of the 2010 general election, David Cameron entered a room full of journalists to 2.36 pm make his, “big, open and comprehensive offer”, The Lord Speaker (Baroness D’Souza): My Lords, I regret to inform the House of the death of the noble to the Liberal Democrats, slipping into the room beside Lord, Lord Rees-Mogg, on 29 December. On behalf him—the only person to do so—was the noble Lord, of the House, I extend our condolences to the noble Lord Strathclyde. So when the Prime Minister yesterday Lord’s family and friends. said in response to the resignation of the noble Lord, Lord Strathclyde, that to him personally he had always been a, Leader of the House “staunch friend and wise counsel”, I suspect that was the heartfelt truth. 2.37 pm I am less confident about just how comfortable the Baroness Royall of Blaisdon: My Lords, in leading noble Lord has been with the results of that big, open the tributes to the noble Lord, Lord Strathclyde, I am and comprehensive offer—that is, the coalition. When able to be the first to welcome formally as his successor it was put to him on “Channel 4 News” last night that the noble Lord, Lord Hill of Oareford. The noble he had been reported as saying he despaired that the Lord, Lord Hill, is already very well regarded and coalition had broken down in the House of Lords he liked by this House, and I both welcome his very didn’t quite knock the story down completely when he imaginative appointment and look forward to working replied: with him closely in the future, but he has a very hard “I’m sure that at times … over the … last 18 months I might act to follow. The departure from the Front Bench of well have said that.” the noble Lord, Lord Strathclyde, is a moment of Of course, one of the most difficult issues that he great significance for this House. We shall all miss has had to deal with since coming into government him, and especially so at great occasions, such as again in the coalition has been House of Lords reform, Prorogation, through the clerk not having to read out and in particular the exciting and very well thought- his full name, as that will mean that the Prorogation through proposals from his now ex-Cabinet colleague, ceremony will be a good deal shorter. the Deputy Prime Minister. Tom Strathclyde is, of A former Member of this House, Lord Wilson of course, a natural House of Lords reformer. He has Rievaulx—Harold Wilson as was—once very acutely shown nothing but utter loyalty to the Government’s observed that, “A week is a long time in politics”. now-abandoned proposals for an all or mainly elected Having done 25 years on the Conservative Front Bench, I House of Lords. We on these Benches of course calculate that the noble Lord, Lord Strathclyde, has done completely believed him, and saw no signs at all of one 3 Leader of the House[LORDS] Leader of the House 4
[BARONESS ROYALL OF BLAISDON] done. We wish him well in his future life beyond of the biggest political winks in parliamentary history. Front-Bench politics and we look forward to his All I would report is the view of one Member of this maintaining strong and deep connections with your House from his own Benches who said, this morning, Lordships’ House from a different perspective to his about the noble Lord and Lords reform: “There were extraordinary contribution from the Front Bench during times when Tom’s tongue was so far in his cheek that it a quarter of a century of dedicated service. was almost coming out of his ear”. As another of the noble Lord’s colleagues, the noble Lord, Lord Dobbs, The Minister of State, Ministry of Justice (Lord McNally): once so brilliantly put it: they might very well say that, My Lords, when Talleyrand died and Metternich received but we on this side of the House could not possibly a telegram saying, “Talleyrand is dead”, he pondered comment. and thought, “Now what does he mean by this?”. The noble Lord has had a long and highly distinguished There has been something of a similar reaction to the political career. Indeed, he was Leader of the Opposition resignation of my noble friend. After his 14 years as a in your Lordships’ House for an astonishing 14 years, leader in this House and 25 years on the Front Bench, serving four leaders of his party in the Commons from our great media have had to speculate on why he is 1998 to 2010 among the total of six Tory leaders he going. There was even an outrageous suggestion in has served under. As Leader of the Opposition now, I some of the papers that he could no longer tolerate both admire and am staggered by his tenacity, which working with the Liberal Democrats. As my noble was signalled very early on in his political career when friends will confirm, there have been no more harmonious in 1983 he bravely stood in the Conservative interest as meetings than when Tom Strathclyde has come to give an MEP candidate in Merseyside East. As natural a the Liberal Democrats one of his regular pep talks. Scouser as he is a Lords reformer, sadly the noble Indeed, if he were so minded, I would be able to Lord did not succeed on that occasion, although I am persuade two or three of my friends to make way for sure the European yearnings which that effort clearly him here on our Benches. showed will place him naturally in line with his mentor, The noble Baroness, Lady Royall, mentioned the the Prime Minister, when he makes his long-awaited name. What is in a name? Certainly not much for the speech on Europe. William Hickey column of the Daily Express, which Both as Leader of the Opposition and leader of his says that “Charlie Strathclyde” has departed as the own party in Government, the noble Lord, Lord leader. One would have thought that it would get the Strathclyde, has always been a highly capable political name right. I had to face—as the noble Baroness operator, a straight dealer and a man of his word. said—the annual humiliation at Prorogation when the Even so there have been difficult times, of course, but clerk would read out Thomas Galloway Dunlop du it really cannot have been part of the coalition’s plan Roy de Blicquy Strathclyde and Tom McNally. At one for this House, with the coalition’s huge inbuilt political time I thought of adding Plantagenet just to give it a majority, that we on these Benches and others would bit of class. defeat the Government 59 times so far since May 2010. If on occasion this has led the noble Lord to be 2.45 pm pretty robust in his dealings with the House, his own wit and charm, and sometimes pretty old-fashioned The truth is that we have worked closely together bluster, have more than got him through. for the past eight years but only yesterday I discovered in one of the cuttings that he is a master of the ancient I would say that the noble Lord has always been Chinese board-game, Go. I immediately wanted to personally warm and friendly to me in our private find what Go was. It is a game of tactics, the grand dealings, even when texting to inform me that the masters of which are able to think up to 40 moves following day’s business has been pulled. I thank him ahead, even in complicated positions. Instantly, I realised now for his judgment, his trust, his confidences and that Tom had been playing Go with me for the past his counsel. Among the most difficult times we have three years. seen in recent years were the issues we faced over allowances and Peers’ conduct. As leaders throughout The Leader of the House has two tasks: one, as the that difficult period, we both worked hard to make noble Baroness indicated, is to be the leader of his sure that there was not the slenderest of cigarette party and to get government business through as a papers between us in the service of the House. He business manager; the second is to be the guardian of played a particularly important role at a decisive moment the interests of individual Members and the House as in getting the new allowances arrangements agreed. a whole. I believe that the noble Lord, Lord Strathclyde, has fulfilled that second role with consummate skill. It is true that some of the noble Lord’s strongest He steps down with thanks, respect and, I believe, the fans have not always been found among some of my affection of the whole House. All that I can say to the colleagues on these Benches, especially when he has noble Lord, Lord Hill, is: the best of luck. picked individuals up personally on points in the Chamber. However, politics can be a rough old trade and there can be no doubt that the noble Lord has served Lord Laming: My Lords, on behalf of my colleagues his beloved Conservative Party and, in his public in the Cross-Bench group, I, too, wish to be associated duties, the people of this country well and loyally. In with the warm and very well earned tributes that have particular, I know that noble Lords will want it said been paid already to the noble Lord, Lord Strathclyde. that he has served this House well and loyally. The Although still relatively young—in my terms, very noble Lord, Lord Strathclyde, will be greatly missed young—he has given many years of his life to being an and from these Benches we thank him for all he has outstanding public servant. 5 Leader of the House[8 JANUARY 2013] Leader of the House 6
During the years when he was the Leader of this our party during his long and distinguished career to House he always aimed to act in the best interests of date. Those of us who have served in government and the whole House and his many talents and energy were on opposition Front Benches for a number of years much admired. My colleagues and I very much hope are fully aware of the all-consuming and unremitting that the House will continue to have the benefit of his pressures and strains that that service brings—and, vast experience and wisdom. The noble Lord very like other noble Lords, I think I have done my bit. much respected the position of the Cross-Bench group, However, we can only marvel at the unbroken record and, as has been said by the noble Lord, Lord McNally, of my noble friend over 25 years as a Minister in many he very much valued the individual contributions of departments, as Deputy Speaker, Deputy Chairman its Members. He also supported the position of the of Committees—briefly—and as a member of shadow Convenor and well understood that role in treading Cabinets and Cabinets. Few in either House can rival carefully—sometimes ever so carefully—between the my noble friend’s record and it is entirely understandable different party political interests in the House. On a that he should now wish to find time for another life personal note I very much enjoyed the regular meetings and to pursue the many other interests that have that I had with him and I will always be grateful for inevitably languished during those years. the generous support and encouragement that he readily The House has changed much since 1999, both gave. I wish him well. in its role and value. It is perhaps true to say that, Finally, I also take the opportunity to welcome to in earlier years, its contribution was sometimes this important role the noble Lord, Lord Hill of underestimated among the higher reaches in the other Oareford. The House rightly has a great regard for place. That is no longer true today, and my noble him and personally, I have valued enormously my friend has played a notable part in bringing that about contact with him, especially in safeguarding children and in developing our House’s modern role in today’s and young people. On behalf of the Cross-Bench world. Many of us have discovered that behind the group I welcome him to his new responsibilities and jovial exterior and merry manner lie a shrewd brain, look forward to working with him. an immense capacity for work and a devotion to the tasks in hand. I will give one example of the latter. No The Lord Bishop of Derby: My Lords, I speak briefly one should underestimate the difficulty of repeating a to associate those of us on these Benches with the Statement made by the Prime Minister in the other generous, worthy and well earned words for the noble place following a European Council or other high-level Lord, Lord Strathclyde. On these Benches, we are international meeting, at which he was not present and transient. We come and go because, as noble Lords where decisions were inevitably sometimes made in the know, we observe a retirement age. By contrast, the middle of the night. After possibly only one or two noble Lord, Lord Strathclyde, is just like a part of the hours’ briefing at the most, my noble friend would furniture. He is an institution and has been here have to cover a vast range of issues on which it would throughout the time that virtually all of us on these be easy to drop a brick; yet he always carried out that Benches have been here, so it will be a big change for role with aplomb. All that experience and understanding us. My colleagues have been very keen to say how of the House and its modern role was brought to bear, much we appreciate his support, wisdom and guidance in my view, with the skill and subtlety with which he for the Lords Spiritual to enable our contribution to has handled the issue of Lords reform. the work of the House. Speaking personally, I marvel As Leader of the House, my noble friend has sometimes when he has to stand at that Box and deal shown devotion to this place above party politics. As with some rather difficult things coming across the leader of the Conservative Party in the Lords, he has Chamber. I always admire the fact that he is calm, has always worked closely with colleagues in the ACP in a twinkle in his eye and generally responds with buckets developing policies, and his door has always been of common sense. That seems to be a very good way of open to us. We welcome our colleague, the noble Lord, leading a House and creating the right kind of atmosphere Lord Hill, as a very worthy successor, and we thank and frame for us. the noble Lord, Lord Strathclyde, warmly and extend We also extend our welcome to the noble Lord, every best wish for success and happiness in whatever Lord Hill. To be honest, on these Benches we have avenues he now wishes to pursue. mixed feelings. He has done a wonderful job as Education Minister and has been a great friend to the Church The Chancellor of the Duchy of Lancaster (Lord Hill and the Lords Spiritual. In many ways we are very sad of Oareford): My Lords— to see him leave that post. He has done outstanding work, and I have always admired the way he can stand at the Dispatch Box and, without really referring to Noble Lords: Hear, hear. his notes, be able to answer the questions and be very astute and quick-thinking on his feet. That is a remarkable Lord Hill of Oareford: I wholeheartedly support the gift and one that we look forward to him exercising in sentiments that have been expressed across the House his new role. We welcome the noble Lord, Lord Hill, about my noble friend Lord Strathclyde. Some play and say thank you very much indeed to the noble Lord, has already been made about his name. My noble Lord Strathclyde, for his help, support and guidance. friend Lord McNally may feel short-changed with a surname like McNally. I say to him, “Try the surname Lord MacGregor of Pulham Market: My Lords, I Hill”. This afternoon’s tributes are a testament to the rise to pay tribute and give warm thanks to my noble great dedication that my noble friend showed to this friend on behalf of the Association of Conservative House in his remarkable quarter-century of service on Peers for all that he has achieved for this House and the Front Bench. 7 Leader of the House[LORDS] Airports: Capacity 8
[LORD HILL OF OAREFORD] Lord Spicer: My Lords, why are we allowing the My noble friend was a gifted and agile Leader of London airport system to run out of capacity? the Opposition for almost 12 years, before rightly taking his place as an outstanding Leader of this House, Earl Attlee: My Lords, we are not. We have set up working over that time with five different Leaders of the South East Airports Task Force to look at short-term the party opposite. Indeed, he led the Conservative measures to gain some capacity at Heathrow. In the Benches for longer than any Peer, save for two rather longer term, we have the aviation policy framework, distinguished Marquises of Salisbury and the Duke of which we are committed to publishing in March 2013. Wellington. That is not bad company for a Conservative Finally, we have set up the Airports Commission, Leader of the House to keep. headed up by Sir Howard Davies. Both in opposition and office, during a long period of time in which the House faced change unprecedented Lord Clinton-Davis: Is it not likely that non-British in generations, his immense experience and knowledge airports will heartily welcome the Government’s of—and, I may add, loyalty to—this House have been unpardonable delay in selecting an international hub to the huge benefit of us all. That was given recognition airport, whether at Heathrow or elsewhere? What does yesterday when the Prime Minister recommended the the Minister say about that? appointment of the noble Lord, Lord Strathclyde, to the Order of the Companions of Honour, an appointment which brings distinction and due recognition to the Earl Attlee: My Lords, this problem was not work he has done here and as a Minister over so many unforeseeable. It has been coming for many years, years. including when noble Lords opposite were in government. As a relative newcomer to the House, I am certainly We need to get a consensus and find a lasting solution in his debt for the guidance and support he has given that will survive a change in Governments. me since May 2010. It is rather disconcerting to stand here at the Dispatch Box today without the benefit of Lord Bradshaw: I hope that the noble Earl will his occasional instruction, delivered in a forceful stage ponder the following: a great deal of the heat in the whisper from the direction of my right elbow. Since debate about air capacity is caused by the bidding war the general election, my noble friend has steered the that has broken out between various airports and House with great skill through some unusual and airlines. Will the noble Earl ensure that the Davies testing times, with the establishment of a coalition commission will, to the best of its ability, be governed Government for the first time since the Second World by the fact that we should create extra capacity only War. It is not just the Government for whom he has when a real need is demonstrated? worked tirelessly, but the whole House, whose interests I know he has always guarded at every opportunity. Earl Attlee: My Lords, I am confident that the It is therefore a tremendous privilege to follow my Airports Commission, headed up by Sir Howard, will noble friend in serving this House and these Benches consider all relevant matters. as Leader. I have enormous respect for the work of this House, for its role in our constitutional arrangements Lord Soley: The Minister will know my opinion on and for our traditions and courtesies—which, like my this but I put it to him very strongly that just about predecessors, I hope to be able to help uphold. everyone in business has been saying that delaying this My noble friend Lord Strathclyde leaves a large infrastructure project is crucially bad for the British hole on our Front Bench, as well as perhaps a little economy. It is the delay that is causing the problem. If more space for the rest of us. To succeed him as the Government picked up the previous Government’s Leader of this House is therefore an honour that I policy and continued with it we would not be in this view rather nervously, but I take great encouragement situation now. That would not cost a single penny of from the generous remarks that noble Lords have been public money. Please, please move on this for the sake kind enough to make this afternoon. of the British economy, investment and jobs.
Airports: Capacity Earl Attlee: My Lords, it is important for businesses Question to put their own submissions in to the Airports Commission, as I think the noble Lord has already done himself. 2.57 pm Asked by Lord Spicer Lord Elton: My Lords, institutions can scarcely run To ask Her Majesty’s Government what was the at 100% capacity, any more than you can have 100% full average percentage of total capacity used at London’s employment. There has to be some slack in the system. commercial airports over the past six months. How long does my noble friend think that the 14% capacity that he says is now available will last? Earl Attlee: My Lords, between May and October 2012 What steps are being taken to meet the moment when there were 525,000 commercial air transport movements it is full? at the five largest commercial London airports: Heathrow, Gatwick, Stansted, Luton and London City. These air Earl Attlee: My Lords, DfT aviation demand forecasts transport movements used around 86% of the available suggest that with no new runway Gatwick Airport runway capacity. could become full from around 2018 and Stansted 9 Airports: Capacity[8 JANUARY 2013] Housing: New Homes 10 from around 2030. That is why we have set up the complex and that there is a great deal of capacity with Airports Commission to advise us on viable options the potential for much better utilisation already in for solving this problem. London?
Lord Brooke of Alverthorpe: My Lords, to come Earl Attlee: I agree with my noble friend that if you back to the original Question, there is a 14% underuse use bigger aircraft you can get more passengers through capacity in the five major London and south-east Heathrow for the same number of flights. airports. What plans do the Government have to utilise that capacity, given the failing to direct daily flights to Lord Faulkner of Worcester: My Lords, what some of the major economies around the world and proportion of the capacity at Heathrow do the new developing economies? What can be done Government estimate will be released if their plans to immediately and what will the Government do? build High Speed 2—initially to Birmingham and then to Manchester and Leeds—are fulfilled? Is it not the Earl Attlee: My Lords, it is important to understand case that when high-speed railways are built on the that we are very well connected by Heathrow Airport. continent, domestic aviation diminishes and as a result It is connected to the rest of the world better than there is spare capacity at airports? most other places in Europe. Earl Attlee: The noble Lord makes an important Lord Glenarthur: My Lords, my noble friend’s Question point, but it will not solve our underlying problem that referred specifically to commercial airports, but not we will still eventually run out of capacity at the far from Heathrow lies Northolt—principally a Royal London airports. Air Force airport but used for some other domestic and international semi-commercial flights. What problems and constraints exist in the further use or development Housing: New Homes of Northolt to add value to what otherwise would be Question part of the same hub of London airports? 3.06 pm Earl Attlee: My Lords, I understand that there are Asked By Lord Sheldon some difficulties with the runway orientation of Northolt airfield. I am sure that that is a factor that the Airports To ask Her Majesty’s Government what plans Commission will take into consideration. they have to build more homes in the south-east of England. Lord Davies of Oldham: My Lords, in his opening response the noble Earl referred to the fact that a The Parliamentary Under-Secretary of State, Department consensus was necessary to make progress over the for Communities and Local Government (Baroness Hanham): considerable period of time needed to expand airport The Government do not set down Whitehall housing capacity. Although he quoted 86% for the south-east targets for the south-east of England or any other part airports, we know that Heathrow is at over 99% utilisation of the country.It is for elected local councils to determine and has no scope at all for development. The Opposition where development should and should not go, and have offered to the Government for more than a year how best to meet housing need through their local now the opportunity to establish a consensus by joint plans. talks. Could the noble Earl at least persuade his ministerial colleagues that these should take place, and that they Lord Sheldon: I take notice of the points that the would be aided by a somewhat earlier timetable for the noble Baroness has put forward, but Britain has been commission’s report? Why is it having to report after building fewer homes in London. In 2011, 18,000 new the general election when the urgency of the situation homes were completed. More houses are needed and is apparent to everyone? they have to be built to meet the requirements.
Earl Attlee: The noble Lord makes a strong point. Baroness Hanham: My Lords, nobody will disagree The Airports Commission will report with its initial that we need more housing. I have said that many findings by the end of the year. I would be delighted to times in this Chamber. Everybody knows that we have talk to the noble Lord privately when we get that an underhousing situation in this country for our initial report. But it takes time to do the job properly. population. Therefore, there is great pressure from my department to ensure that housing targets are built up. However, it is for local authorities to decide where that Baroness Kramer: My Lords, I wonder if the Minister housing goes and how much they need in their local might remind the House that capacity at Heathrow is area. A great number of houses are in the pipeline, due for 90 million passengers per year. Currently it has to be built. only 70 million passengers a year, because airlines are using small aircraft in order to keep their slots alive and are developing most of their flights within the UK Baroness Gardner of Parkes: My Lords, will the and near continent, not for the long distance routes. Minister confirm that she is willing to support the Will he explain to the House that capacity is far more approval of the financial scheme of guarantee to help 11 Housing: New Homes[LORDS] Legal Aid, Sentencing and Punishment 12
[BARONESS GARDNER OF PARKES] Baroness Hanham: My Lords, the Government have small builders who desperately need the work and who a number of projects that have just come into being to could provide many homes for the people who are so support the bringing back into use of empty homes. badly in need of them? Yes, they are a waste and it is essential that long-term empty homes—because some are not empty for long-term Baroness Hanham: My Lords, the encouragement reasons—are brought back into use. The Government for small businesses is there. Our position is already to have this year already committed £160 million. That help small businesses. Of course, some small businesses, will bring 10,700 empty homes back into use. There is although not necessarily building a big number of £100 million for affordable housing, including £70 million houses, are making a major contribution. of funding for 95 projects, which will bring more than 5,600 properties back into use across the country. My Lord Higgins: My Lords, does my noble friend noble friend commented on the south-east but, as I agree that in carrying out housing programmes it is explained, that is across the country. very important to take into account two recent developments? First, following the Olympics, housing Lord McKenzie of Luton: My Lords, a recent study programmes should not infringe on sports grounds by BNP Paribas looked at the extent to which local and, indeed, should make greater provision for sporting authorities were changing their housing targets from facilities. Secondly, steps should be taken to ensure the regional spatial strategy levels. It found that local that housing does not take place in areas that are liable authorities in the south-east and the south-west were to flooding. making the biggest cuts. For the south-east, this amounted to around an 18% reduction. Does the Minister think Baroness Hanham: My Lords, again, local authorities that that position is satisfactory? and their local plans need to take account of both those matters. It is certainly true that we hope to see the preservation of playing fields, and that the legacy Baroness Hanham: My Lords, I go back to what I of the Olympics is to be encouraged—exactly the said to begin: it is now for local authorities to decide point that my noble friend has made. Of course, it on their housing need against the overall housing does not make sense, as we have seen recently, to build position. The noble Lord talks again about the south-east, on flood plains if it is not necessary. However, that is a but the south-east has many local authorities, which matter for local authorities’ judgment in terms of the are making decisions on housing as we speak. amount of housing they need and where they need to put it. Baroness Wall of New Barnet: My Lords, I am sure that the noble Baroness is aware of construction jobs Lord Kinnock: Is it not clear that the cap on housing that are not being fulfilled in the present climate. benefit means that very large numbers of people now Although the Government’s approach to unemployment working and living in central London will not, in the and apprenticeships is one that everyone endorses and course of this year, be able to live near their place of supports, is it not possible for that to be re-enacted in work? Does that not make it a matter of emergency a vigorous and real way to ensure that people in for the Government to undertake a building programme apprenticeships in the construction industry have the that will mean that affordable housing is available to opportunity to test their skills in building in the south-east, the people who serve this great city in both the public as housing is important for everyone? and private sectors in all capacities? Is it not a dreadful reality that the combination of the cap on housing benefit and the paucity of affordable housing in the Baroness Hanham: My Lords, apprenticeships are public and private sectors will be monstrous in its of course allied to companies in the housebuilding effects on lower-paid people in this city? business. We very much hope that any apprenticeship taken up in the construction industry will go on to ensure that that person has a full-time job as long as Baroness Hanham: My Lords, it is also monstrous the companies are able to build, which they are. that we are left in the financial situation that we are. That is one reason why the welfare budget has had to be looked at over the past few years. There is also little evidence, except in one or two of the major boroughs, Legal Aid, Sentencing and Punishment that people are having to move out of London to find of Offenders Act 2012 (Amendment of housing as a result of the housing benefit situation. Schedule 1) Order 2012 We are pushing very hard for the building of affordable Question housing in the light of whatever local authorities believe they need. 3.13 pm Baroness Maddock: My Lords, does the Minister Asked by Lord Bach agree that bringing homes that have been empty long-term back into use can make a useful contribution to housing To ask Her Majesty’s Government what plans supply? What scope does she think that there is in the they have in respect of the Legal Aid, Sentencing south-east for that, and what are the Government and Punishment of Offenders Act 2012 (Amendment doing to help communities that want to bring long-term of Schedule 1) Order 2012, which the House of empty homes back into use? Lords declined to approve on 3 December. 13 Legal Aid, Sentencing and Punishment[8 JANUARY 2013] Legal Aid, Sentencing and Punishment 14
The Minister of State, Ministry of Justice (Lord McNally): Opposition to think carefully. If fatal Motions are My Lords, as I made clear before the House voted on going to be used in this way, they have great repercussions, 3 December, if the fatal Motion was carried, the LASPO not least on our relationship with the other place. Act would not provide legal aid in the cases specified in the rejected statutory instrument. That remains the Lord Marks of Henley-on-Thames: My Lords, can case. the Minister confirm that legal aid remains available for advice on appeal from the First-tier Tribunal to the Lord Bach: Does the Minister understand that that Upper Tribunal in welfare cases? Can he also confirm Answer is entirely unsatisfactory and does no credit to that where there is a point of law on which an appellant the Government? This House declined to accept the has a reasonable prospect of success, legal aid is and order because it represented a breach of a government will remain available for the preparation and presentation undertaking given to another place to get the legal aid of an appeal to the Upper Tribunal? Bill through and because what it offered was too mean. Why are the Government taking absolutely no Lord McNally: Yes, that is case. It is also worth notice of the will of this House of Parliament? Are making the point that some of the noises from the they not behaving more like a spoilt child than a other side make it sound as though the Government mature, responsible Government, protecting the legal have been totally unfeeling and refusing to listen. rights of some of the poorest citizens under their care, including many with disabilities? Noble Lords: Hear, hear. Lord McNally: I think that the noble Lord got all his soundbites in there. Lord McNally: Well, it is worth reminding noble Lords that when the Legal Aid, Sentencing and Noble Lords: Oh. Punishment of Offenders Bill was published the initial idea was that legal aid was not required in any welfare benefit cases, other than for judicial review or for a Lord McNally: Well, we have had heard it over two small number cases based on the Equality Act 2010. years and both Houses have come to decisions on the Throughout the course of the LASPO Bill the LASPO Bill. As regards fatal Motions, I can speak Government were urged to rethink their position on from experience. I was part of engineering a fatal removing legal aid for onward appeals to the Upper Motion on the casino Bill. That fatal Motion was Tribunal, which had to be on a point of law. carried by the House. The Government of the day did nothing further on the casino matter. If I may coin a The Government listened to these concerns and phrase, as it says on the tin, fatal Motions mean what offered concessions during the passage of the Bill to they say. bring into the scope of legal aid advice and assistance for welfare benefit appeals on a point of law in the Upper Tribunal, Court of Appeal, Supreme Court, Lord Pannick: Given that the House rejected as and representation for the welfare benefit appeals in inadequate the limited concession on legal aid in First-tier the Court of Appeal and Supreme Court. These were Tribunals, is it not truly perverse for the Government concessions in which my noble friends played a to respond by withdrawing even that? considerable part in achieving. The idea of an unlistening and unfeeling Government is simply not true. If the Lord McNally: The Government have not withdrawn House forces through fatal Motions, it must take the that concession. This House passed a fatal Motion consequences. meaning that that concession was no longer part of the Bill. That was the decision of the House. If I may Baroness Scotland of Asthal: Does the noble Lord so in the presence of the noble Lord, Lord Pannick, not understand that the initial position put forward in and of all those who voted for it, I made that very the LASPO Bill was totally untenable? That is why it clear to the House before the vote. was amended. Does he not also accept that after the House has spoken on this fatal Motion, the Government Lord Howarth of Newport: Instead of continuing to are obliged to listen—and by “listen” I mean do sulk, would it not be proper for the Government to something in response? bring forward another order, in which they honour the commitment rightly given to Parliament by the previous Lord McNally: The noble and learned Baroness Lord Chancellor? suggests that the Government, as if in some game of poker, have to produce another offer in response to a Lord McNally: I notice that the noble Lord, Lord fatal Motion. A fatal Motion is what it says—it is Bach, again alleged that that commitment was made. fatal. As I have pointed out, there was the example of It was not made by the previous Lord Chancellor. The the casino Bill in the previous Parliament. One of the commitment was to examine the case for the First-tier reasons why successive Oppositions have thought long Tribunals. As I have reported back to the House on and hard about using fatal Motions is that they have numerous occasions, the decision was that in the implications about where and when the arguments circumstances it was far too expensive. It would be and discussions about a Bill come to an end and how nice to have fatal Motions as yet another round in the that relates to the relationship between the two Houses. legislation process, but I ask the House and the Official Such Motions can be very toxic. I warned the House 15 Legal Aid, Sentencing and Punishment[LORDS] Effect of US “Fiscal Cliff” Solution 16
[LORD MCNALLY] one way of doing that would be for the Government to and the noble Lord, Lord Bach, of that, but he pressed find some modest capital, comparatively speaking, ahead. A fatal Motion was passed and it has been because companies are simply not willing to borrow, fatal. whether under guarantee or not? The Government will have to kick-start infrastructure if they want to Lord Grocott: My Lords, the Minister’s whole approach see growth start. Does he agree that that would be a in answering questions today gives the House a great way forward? deal of explanation for why he sometimes finds it difficult to get Motions, including fatal Motions, through. Lord Newby: My Lords, the noble Lord will recall He clearly misunderstands the procedure, which is as that in the Pre-Budget Statement my right honourable follows. Yes, an order can be defeated by a fatal friend the Chancellor announced another £5.5 billion Motion, but a Minister given to conciliatory thinking— of additional capital spending on roads, science something that apparently does not appeal to him—should infrastructure and schools, and that earlier in the then go to the opponents of the order and suggest to autumn we passed an Act providing guarantees for them various possibilities for ways in which an order £40 billion for infrastructure and another £10 billion could be put before the House and might then pass. for housing. The Government are making considerable Such negotiations may or may not be successful, but efforts to increase the amount of infrastructure activity. the Minister at least owes it to the House to tell us precisely what efforts he has made to ensure that an amended Motion can be put to the House that might Lord Peston: My Lords, as a life-long opponent of command its support. the death penalty, I might make an exception for whoever—I hope it was not an economist—invented Lord McNally: I am making no efforts to make the expression “fiscal cliff”. Do the Government accept such a proposal. The fatal Motion is fatal—that is the the analysis that if the US goes more deeply into end. The noble Lord, Lord Bach, has gone around this recession it will have devastating adverse effects on the track, but in a parliamentary process there must come whole of the European economy and no policy envisaged a point when a Bill becomes an Act and a law is by this Government would be any use whatever? passed. If the Opposition’s plan, and it would be interesting to know this, is to use fatal Motions on a Lord Newby: I think the noble Lord slightly overstates regular basis to try to keep alive issues that have been it. The fiscal cliff—elegant or inelegant—has been decided by both Houses through proper Bill procedures, avoided and the expectations and the forecast for the then we are going into new territory. I am sorry but the US are that it will see relatively modest, but substantive, House heard my warning and ignored it, and the Bill is growth in 2013. As the noble Lord will know, the latest now an Act. employment figures in the US suggest that there has been a significant addition to the number of people Economy: Effect of US “Fiscal Cliff” employed. Therefore, the chances of the kind of meltdown in the US economy that he is worried about look Solution extraordinarily remote. Question
3.22 pm Baroness Kramer: My Lords, the US faces an even Asked By Lord Barnett worse fiscal cliff in seven weeks. As the British Government are unlikely to have much impact on Republicans To ask Her Majesty’s Government what assessment infused by the Tea Party, I suggest that it would be a they have made of the effect of the “fiscal cliff” better strategy for this Government to put their efforts solution in the United States on the United Kingdom into getting formal negotiations on EU/US trade in economy. order to take away the technical barriers that the US is using at the moment to limit UK exports in Lord Newby: My Lords, the Office for Budget pharmaceuticals, medical services and advanced Responsibility based its December 2012 forecasts for electronics. That might be a more positive way forward. the UK economy on the assumption that fiscal policy would be tightened in the US by between 1% and Lord Newby: My Lords, I completely agree with the 2% of US GDP. This is what is now happening. The noble Baroness. That is why the Prime Minister has set Congressional Budget Office’s assessment of the American promoting a US/EU trade agreement as one of his top Taxpayer Relief Act, the measure agreed by Congress priorities for the G8, as well as moving forward on last week, is that it will produce a fiscal tightening of other trade agreements, such as that with Canada, 1.7% of US GDP. which are already a long way down the pipeline. Lord Barnett: Of course, my Lords, the cliff-edge solution did not solve any fundamental problem, any Lord Eatwell: My Lords, will the noble Lord consider more than our fundamental problem in this country answering the Question asked by my noble friend has been solved. That problem requires us to achieve Lord Barnett? He asked what the assessment was of sustainable growth. The Government are taking a few the impact of the fiscal cliff solution on the UK steps in that direction with their infrastructure plans economy. As the noble Lord said, this had led to a but none of those will do anything now, and urgent 1.7% increase in the fiscal burden on GDP, and the action is needed now. Does the noble Lord accept that debt ceiling debates in seven weeks’ time referred to by 17 Effect of US “Fiscal Cliff” Solution[8 JANUARY 2013] Ibrahim Magag: Disappearance 18 the noble Baroness, Lady Kramer, may add further subsequently issued a public appeal for information burdens to the US economy. Is this good or bad for that might lead to his location and apprehension. The Britain? Government took steps to inform Parliament of this incident as soon as it was lawful and operationally Lord Newby: Whether it is good or bad for Britain, possible to do so. The Under-Secretary of State for the it is what is happening in the US. What I said in my Home Department spoke to the chairmen of the Home original Answer was that the estimates, which were Affairs Select Committee and the Intelligence and published by the ONS at the time of the Autumn Security Committee on 31 December. This was followed Statement, were based on an assessment of what was by letters to both committee chairmen, to the shadow likely to happen, which is exactly what has happened. Home Secretary and to you, Mr Speaker. Copies of The Bill passed last week is having an impact of those letters were placed in the Library of the House 1.7% on US GDP. The ONS assumed that the Bill on the same day. passed last week would have an impact of about 1.7% The statements that the police issued on 31 December on US GDP. We factored that into our calculations and on 2 January confirm that, at this time, Magag is and the growth forecast produced for this year will be not considered to represent a direct threat to the unchanged because what has actually happened is British public. The TPIM notice in this case was what we thought was going to happen. intended primarily to prevent fundraising and overseas travel. The Government do not believe that Magag’s disappearance is linked to any current terrorism planning Arrangement of Business in the UK. Nevertheless, we are of course taking this Announcement matter very seriously. The police are doing everything in their power to 3.28 pm apprehend Magag as quickly as possible. Although I Baroness Anelay of St Johns: My Lords, before my cannot give operational details, I can confirm that the noble friends Lord Taylor of Holbeach and Lord police, the Security Service and other agencies are Howe repeat the Answers to the Urgent Questions devoting significant resources to the search for Magag. asked earlier in the House of Commons, perhaps I Members of the public with any information relating may remind the House that we recently agreed a new to the search should contact the confidential police trial procedure and this is the first occasion on which anti-terrorist hotline. we are able to take advantage of it and see how it Before the shadow Home Secretary stands up again, begins to run. I would like to remind the House that this is not the My noble friend Lord Taylor will first repeat the first abscond of a terror suspect. In six years of control Answer to the Urgent Question in full. At that point orders, there were seven absconds. Of those seven the Clerks will start the clock running for 10 minutes. cases, six were never apprehended. Magag’s abscond is During those 10 minutes, questions and answers will serious, and the authorities are doing everything they follow. We have anticipated that the first question is can to locate him. I will update the House when there likely to come from the opposition Front Bench. It are further developments as soon as it is possible to do was decided that the usual channels, if they wished, so”. could dispense with that but that has not happened today so I would expect the opposition Front Bench to come first. The rules that follow for questions and 3.32 pm answers are the same as those for a Private Notice Baroness Smith of Basildon: My Lords, I thank the Question of this House. Minister for repeating the Answer to the Urgent Question. He will understand that it is of enormous concern that Ibrahim Magag: Disappearance Ibrahim Magag, who is subject to a TPIM—a terrorism Private Notice Question prevention and investigation measure—has been able to abscond, particularly when the judge who reviewed his previous control order said that, 3.29 pm “it is too dangerous to permit him to be in London, even for a The Parliamentary Under-Secretary of State, Home short period”. Office (Lord Taylor of Holbeach): My Lords, I will The Minister referred to how many people had now repeat the Answer to an Urgent Question asked absconded under previous control orders, but the key in the other place earlier today. The Answer, given by issue was relocating those subject to an order. My my right honourable friend the Home Secretary, is as understanding was that none absconded after they follows: had been relocated. However, the Government took “On 26 December 2012, Ibrahim Magag, a Somali- the decision to remove the power to relocate suspects born British national who is subject to a terrorism when introducing TPIMs. Given that they allowed prevention and investigation measure, failed to report him to move back to London from the West Country, for his overnight residence requirement. As I told the to where he had been relocated by the previous House yesterday, the police believe that he has absconded, Government’s control order, can the Minister confirm and his whereabouts are currently unknown. whether that made it easier for him to abscond? Was On 31 December, at the request of the police, I he subject to any surveillance at the time? asked the High Court to revoke the anonymity order Finally, is it true that he absconded by hailing a that was in force in relation to Magag. The police black cab? 19 Ibrahim Magag: Disappearance[LORDS] Ibrahim Magag: Disappearance 20
Lord Taylor of Holbeach: I can confirm the latter Lord Taylor of Holbeach: I hope that I have just point. The last time he was seen, he was reported as given the noble Lord an indication of the way we getting into a taxi. think about these matters. It is too soon to say whether The noble Baroness misconstrues the nature of the lessons can be learnt. The most important thing is to TPIM system, which succeeds the control order system ascertain the whereabouts of this person and to apprehend but is designed to provide proportionate supervision him. for people where evidence does not exist to secure a conviction. The only true way of dealing with terrorists Lord Carlile of Berriew: Will the Minister accept is to find the evidence to convict them and to put them that the fact that Mr Magag did not abscond while into prison; that is the only secure place that we can subject to a judicially approved relocation order, and put them. That is a process of law for which we require that he absconded when that was removed, is in itself evidence. TPIM is a mechanism whereby we can at clear evidence of the poor decision to remove relocation least prevent the movement and control the location orders? Will he also acknowledge that nobody absconded of individuals in the way that we have done. while subject to a relocation order, and that there were no absconds at all during the last four and a half years Lord Dholakia: My Lords, Parliament rightly put of control orders? TPIMs at the heart of our intelligence, but in the case of Ibrahim Magag they obviously did not work. Is the Minister satisfied that the system, particularly the Lord Taylor of Holbeach: Again, the noble Lord machinery and equipment available, is adequate for speaks with a great deal of experience on this issue. I the operation? If not, what further improvements are note the point that he makes, but I have given my necessary? answer and I hope that noble Lords will accept it.
Lord Taylor of Holbeach: We can, of course, always Lord West of Spithead: My Lords, when I took over review the circumstances of this particular incident in as Minister for Security we pushed hard to allow the light of experience, but we know that the resources people to be moved out of the places where they were available to deal with people such as Magag are causing so much trouble, and from that moment not a considerable, and that they have been designed to single person absconded. Quite clearly, therefore, the prevent things like this from happening. As I said, it is fact that these people are not moved has an impact. Is very difficult to prevent people from absconding. We it not true that TPIMs also take up more effort from know that it happened under the old regime; this is the the agencies and Security Service as well? Although first—unfortunate—case under a TPIM. none of us liked control orders, they were a way of ensuring the safety and security of our nation, particularly Lord Reid of Cardowan: Does the Minister not with those movement orders. I am afraid that the understand that he misses the point? We all understand TPIMs, having removed those movement orders, put and accept that control orders and TPIMs are people at risk. extraordinary measures. We understand that the ideal is to have a trial in a court of law with sufficient evidence. That is agreed. Nevertheless, the point is Lord Taylor of Holbeach: I believe that I have given that, although control orders were inadequate—the the noble Lord the answer, which I have given before. Minister pointed to some absconding under them—the Of course, we will learn from this experience, but there power to relocate was the biggest weapon in that are no current plans to reintroduce controls over inadequate arsenal. After the use of that no one, to my movement. knowledge, absconded. However, the point is that the Government removed that one effective vehicle in the Lord Lloyd of Berwick: Will the Minister inform control orders when they brought in TPIMs. Will he the House how many individuals are currently subject now bear that in mind and at least assure the House to TPIM orders, and how many of those individuals that he will review the operations of TPIMs to see have been made subject to such orders on the grounds, whether what I am saying is correct? if I have followed the noble Lord correctly, that they have been raising finance for foreign terrorists? Lord Taylor of Holbeach: I cannot accept what the noble Lord says, but I accept that he speaks from considerable experience in this area. Governments Lord Taylor of Holbeach: I can inform the House would be very foolish not to learn from experience. that 10 people are subject to TPIMs. I cannot give the However, there is no evidence to suggest that the fact grounds for any of those orders having been made. that Magag was here in London particularly assisted his absconding on this occasion. I accept, as the noble Lord Dubs: The Minister said that this was an Lord said, that incidents like this should be reviewed, instance where there was not enough evidence to take and they will be. the person to court. Perhaps I may say to the Minister, if we were to use intercept evidence, would we not be Lord Laming: Will the Minister say what lessons able to bring all these people to court? Is it not time for have been learnt from this experience, and what steps the Government to move forward on working out a have been taken to ensure that further lessons will be system whereby intercept evidence could be used in acted upon? these cases? 21 Ibrahim Magag: Disappearance[8 JANUARY 2013] NHS: South London Healthcare Trust 22
Lord Taylor of Holbeach: The noble Lord moves “I have today published the final report of the trust the argument on considerably.We will have an opportunity special administrator to South London Healthcare to discuss all sorts of elements. Intercept is not NHS Trust and laid it before Parliament. I received communications data, but such data have been discussed the report yesterday and must now consider it carefully. in pre-legislative scrutiny by both Houses. Therefore, I am under a statutory duty to take a decision by these matters are under consideration. 1 February on how best to secure a sustainable future for services provided by the trust. Lord Harris of Haringey: When introducing the The trust administrator began his appointment on legislation that brought about TPIMs, the noble Lord’s 16 July. He published his draft report on 29 October, predecessor assured the House that not only would and undertook a consultation on his draft extra surveillance resources be made available to the recommendations between 2 November and 13 December. police and the Security Service but also that extra More than 27,000 full consultation documents and technological measures would be taken to ensure that 104,000 summary documents were distributed during individuals did not abscond. Perhaps the noble Lord the trust special administrator’s consultation, sent to will tell us whether the technological measures were 2,000 locations across south-east London, including the cause of failure in this instance and, if so, whether hospital sites, GP surgeries, libraries and town halls. A the technology that has been purchased has given dedicated website was established to support the value for money. consultation, the TSA team arranged or attended more than 100 events or meetings and the consultation Lord Taylor of Holbeach: I am not in a position to generated more than 8,200 responses. give an answer to that. I am sure that the noble Lord I understand the concerns of honourable Members will understand why. and, indeed, the people living in the areas affected by these proposals, especially the people of Lewisham. Baroness Farrington of Ribbleton: My Lords, I have They have a right to expect the highest-quality NHS listened with great care because I have great respect for care, and I have a duty to ensure that they receive it. the Minister, but I do not hear a single argument in However, they will understand that it would not be favour of getting rid of relocation. Will the Minister appropriate for me to give a view now on the report’s tell me what that argument is? recommendations, only one day after receiving the report. To do so would be pre-emptive, and would Lord Taylor of Holbeach: When it was introduced prejudice my duty to consider the recommendations to the House, the legislation did not provide for relocation with care and reach a decision that is in the best as being a proportionate measure to be taken in such interests of the people of south-east London. cases. It was debated by Parliament and the provision However, I have made it clear that any solution was made. Therefore, that provision currently does not would need to satisfy the four tests outlined by the exist in TPIMs. Prime Minister and my right honourable predecessor with respect to any major reconfigurations. The changes Baroness Falkner of Margravine: Does my noble must have support from GP commissioners; the public, friend agree that the Joint Committee on Human patients and local authorities must have been genuinely Rights, of which several Members of the opposition engaged in the process; the recommendations must be Benches were members, examined control orders underpinned by a clear clinical evidence base; and the extensively in 2009. It recommended wholeheartedly changes must give patients a choice of good-quality that relocation to distant places away from family and providers. support systems was no different from house arrest The challenges facing South London Healthcare and was deeply disproportionate. The Joint Committee NHS Trust are complex and long-standing, but to fail on Human Rights said that, in terms. to address them is to penalise other parts of the NHS from which resources must be taken to finance the Lord Taylor of Holbeach: Ihavegiventheviewof biggest deficit anywhere in the NHS. To date, it has the Government that it is important to establish not proved possible to ensure that South London proportionality in all these cases, which is why TPIMs Healthcare NHS Trust is able to secure a sustainable are constructed as they are. future for its services within its existing configuration and organisational form. In appointing a trust special administrator to the trust, the Government’s priority NHS: South London Healthcare Trust was to ensure that patients continue to receive high-quality, Private Notice Question sustainable NHS services. I will consider the special administrator’s report with that objective in mind”. 3.42 pm My Lords, that concludes the statement. The Parliamentary Under-Secretary of State, Department 3.45 pm of Health (Earl Howe): My Lords, I shall now repeat as a statement the Answer given by my right honourable Baroness Wheeler: I thank the Minister for repeating friend the Secretary of State for Health in another the Answer to the Urgent Question. We commend the place earlier today to an Urgent Question on the work of the trust special administrator and support a report of the trust special administrator to South number of the recommendations developed from previous London Healthcare NHS Trust. The statement is as reviews. However, it is difficult to understand how the follows: Government consider this report to constitute the full 23 NHS: South London Healthcare Trust[LORDS] NHS: South London Healthcare Trust 24
[BARONESS WHEELER] area because the failure of those two powerful hospitals strategic review of the sustainability of services across to get involved in sorting out the mess in south-east south-east London that is required. The TSA has London has bedevilled earlier solutions. overstepped its remit under the Health Act 2009 by including service changes to Lewisham hospital; and Earl Howe: My Lords, I am grateful to the noble the parallel work by King’s Health Partners on Lord, who I know well appreciates the scale of the reconfiguration under three other south-east London problem with which the administrator was grappling. trusts has yet to be completed. This trust was losing more than £1 million a week. Can the Minister explain why the rules on making That is not a sustainable position in the current NHS, changes to hospitals have been changed to allow back-door or even when times were rosier as regards the financial reconfigurations in this way without proper scrutiny settlement. It is important for me not to say anything and consultation? What public consultation will there that will pre-empt my right honourable friend’s conclusion, be on the King’s Health Partners report? Can he but I am aware, from the press release issued today by reassure the people of Lewisham that they will have the trust special administrator, that, as the noble Lord their full consultation rights to challenge the closure rightly says, the wider health economy has been taken of their A&E services and the other major changes into consideration, including the role of Guy’s and being proposed? King’s College Hospital, in a number of areas, including, in particular, in emergency care and in obstetrician-led maternity care. I would commend to the noble Lord a Earl Howe: My Lords, I am grateful to the noble summary of the recommendations, which is on the Baroness and I understand the concerns that she has department’s website today. I hope he will find that raised. helpful in giving him a sense of the breadth of the The first question she asked me was whether I administrator’s purview. considered the trust special administrator to have overstepped his remit. The clear advice that we have Baroness Donaghy: Is the Minister aware of the received is that no part of the NHS can exist in a extreme anxiety among the population in Lewisham vacuum. The independent trust special administrator about the possible future closure of the A&E department is responsible for developing recommendations to deal in Lewisham? The population of 250,000 is estimated with the severe failings at South London Healthcare to rise to 300,000 in a very few years’ time as a result of Trust based on local discussions and consultation. I a huge increase in the birth rate. There are very deep hope that the statement I read out gave the House a social needs and there is no doubt whatever that there flavour of how extensive those consultations have is unanimity among the professionals and the population been. His recommendations must secure high-quality about the importance of maintaining that hospital. Is care for local people in a financially sustainable way. the Minister also concerned that one report that was However, as I have mentioned, each NHS trust is produced, which was supposedly a clinical report, in part of a complex, wider health system, and it is quite fact turned out to be written by the communications clearly the view of the administrator in this case that it department? Is he satisfied that the process has been a is not possible to find a solution without considering fair one and that there has not been a prejudgment in the possible impact on other hospitals in the areas. the consultation exercise? That conclusion is one that my right honourable friend will have to consider very carefully, but Ministers have Earl Howe: My Lords, all questions of process must received clear advice that it is within the powers of the be for my right honourable friend to consider, including administrator to make recommendations about necessary that one. I emphasise the Government’s approach to changes to other local providers if they are a necessary reconfiguration decisions. When the Government and consequential part of finding a long-term solution came into office, we took a very clear decision about to securing high-quality services for patients at that four tests that needed to be applied to any sustainable trust. I emphasise that I do not in any way wish to reconfiguration within the NHS: the changes, whatever pre-empt the decision that my right honourable friend they were, had to command support from GP has to take within 20 working days. However, he will commissioners—that is to say, the clinical community; have to consider advice on the clinical, legal and the public must be engaged in the process; the financial aspects of the administrator’s recommendations recommendations must be clinically sustainable and and I have no doubt that concerns raised by the noble sound; and, as the statement mentioned, they must Baroness will be central to his consideration. leave patients with a clear choice of good-quality providers. Those safeguards were not there before, but Lord Warner: My Lords, I declare an interest as the they are there now and my right honourable friend will former chairman of the provider agency in the London be looking at those tests when he considers not just the SHA area who grappled with some of these problems matter of Lewisham but the totality of the administrator’s in south-east London which, to the best of my knowledge, recommendations. have been around for at least 20 years. I congratulate the TSA on the work that he has done in trying to Baroness Jolly: My Lords, today it is the South resolve this. Could the Minister explain a little more London Healthcare Trust, and there is anxiety abroad about the involvement of Guy’s and St Thomas’s that tomorrow it could well be another trust. Can the Hospital and King’s College Hospital? The TSA is to Minister tell the House how many trusts are in the be congratulated on involving them much more than “at risk” box today and what role is being played by has been the case in the past in finding solutions in this Monitor and others in these cases? 25 NHS: South London Healthcare Trust[8 JANUARY 2013] Growth and Infrastructure Bill 26
Earl Howe: My Lords, it is important to stress to Clause 1, Schedule 1, Clause 2, Schedule 2, Clause 3, my noble friend that a trust will be put into special Schedule 3, Clauses 4 to 15, Schedule 4, Clause 16, administration only when all other options have been Schedule 5, Clause 17, Schedule 6, Clause 18, exhausted. I think that the noble Lord, Lord Warner, Schedule 7, Clauses 19 to 24, Schedule 8, Clauses 25 is aware that that was the situation we faced in this and 26, Schedule 9, Clauses 27 and 28, Schedule 10, instance. Where possible, NHS providers will be supported Clauses 29 and 30, Schedule 11, Clauses 31 to 38. to return to sustainability in both the clinical and financial sense. Our priority is to do what is best to Motion agreed. ensure that patients receive high-quality care and special administration is a last resort. However, as my noble friend knows, a number of trusts are facing financial Growth and Infrastructure Bill challenges. The department is working with Monitor Second Reading and the NHS Trust Development Authority to oversee the performance of those trusts. I would just say that 3.58 pm while some organisations are in difficulties, currently Moved By Baroness Hanham there are absolutely no firm plans to trigger the regime for any other trusts at all. That the Bill be read a second time.
Baroness Wall of New Barnet: My Lords, I am sure The Parliamentary Under-Secretary of State, Department that the noble Earl recognises the experience I have for Communities and Local Government (Baroness Hanham): had as chairman of the Barnet and Chase Farm My Lords, this Bill is primarily a deregulatory measure Hospitals NHS Trust, which went through a similar in support of the Government’s decisive actions to put exercise that took many years. First, however, I want the country’s economy back on a stable footing and to to associate myself with the comments made by my restore growth. The challenges we face mean that we noble friend Lord Warner, and I support the action must constantly keep in mind what more needs to be that has been taken. I recognise what my noble friend done to encourage innovation and economic growth, said about the concerns of the local community, but to create more jobs and to tackle anything which acts that will always be the case. However, what is most as a barrier to this happening. That is why the Bill important is to make the decision and secure the focuses on reforms that will boost Britain’s infrastructure, support of outlying hospitals. My own trust is working get rid of unnecessary bureaucracy and ensure that towards a partnership with the Royal Free Hospital, our planning system operates effectively.It brings forward although we are not there yet. The move could have provisions that will remove constraints on economic been considered much earlier, which would have prevented development caused by the planning system, help to a lot of pain and heartache for many people. My unlock land for housing growth to ensure that sufficient advice and plea is to stick with what is being done. housing can be built for future needs, speed up the That did not happen for Barnet and Chase Farm. As essential delivery of superfast broadband—country-wide, noble Lords know, a number of holds were put on but particularly in rural areas—remove barriers and what we were doing that made things worse for the delay to major infrastructure projects, introduce measures community and for the staff. They almost ensured that to support business directly by providing certainty on the services we were providing were harder to deliver. business rates, and introduce a new employment status. Turning to these themes in the Bill itself, perhaps I may start by addressing Clauses 1 and 6 on planning Earl Howe: As ever, I am grateful to the noble Baroness and housing. Despite the improvement in housebuilding for her perspective from the front line. I think it was starts across England, which were 29% higher in 2011 with that in mind that the previous Government drew compared to 2009, and the publication of a comprehensive up the legislation which my right honourable friend housing strategy, there is far more to do to provide now has to abide by, in that there is now a very tight homes to meet Britain’s demographic needs and to timescale of 20 working days for him to take a decision. help generate local economic growth. Following the That is not a long time but it is indicative of the need introduction of the National Planning Policy Framework for urgency in arriving at the right solution. The TSA there is now a more positive and inclusive planning has done his work and we must now judge whether the system. The framework remains at the centre of our recommendations are the right ones. planning policy and the measures within the Bill are all aimed at simplifying and improving the locally led planning system so that it works effectively for local Public Service Pensions Bill communities and businesses. Order of Consideration Motion Most councils are already dealing with planning applications efficiently; the approval rate is at a 10-year high of 88%. However, a small number of local planning 3.57 pm authorities make unnecessarily slow decisions. They Moved By Earl Attlee consistently fail to meet the statutory time limits within which councils should process major applications, as That it be an instruction to the Committee of the agreed by Parliament. Others see a relatively high Whole House to which the Public Service Pensions proportion of their decisions to refuse applications Bill has been committed that they consider the Bill overturned at appeal. That is a particular issue with in the following order: major schemes, given the relatively high cost of preparing 27 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 28
[BARONESS HANHAM] Let me be clear that it is not our intention to use the them and their importance for growth. Clause 1 therefore Clause 8 power to remove prior approval requirements provides an incentive for poorly performing councils for mobile masts. We intend to use it for fixed to improve and an alternative route for developers if infrastructure: cabinets and poles only. The clause they do not. However, as the Planning Minister has makes no distinction between fixed and mobile made clear in the other place, we fully intend that infrastructure because of EU regulatory requirements these provisions will be applicable only to a small for the communications sector. Article 8(1) of the number of planning authorities and we would be framework directive requires technology neutrality so delighted if it were not necessary for any local authority far as the primary implementing legislation is concerned. to be designated under this clause, with all local authorities However, the requirement for neutrality does not apply making sound and timely decisions on applications. to secondary legislation, and therefore the consultation Turning to Clause 6, the need for housing—particularly, we will publish later this month on the changes that we affordable housing—remains high. The Government will bring forward through secondary legislation will are committed to unlocking stalled sites where previously make clear that we propose to use Clause 8 for fixed negotiated affordable housing obligations are unviable infrastructure—cabinets and poles—and not mobile because they are currently economically unrealistic. masts. In the 1980s, deregulation led to the modern Clause 6 presents an opportunity to stimulate housing communications industry we enjoy today, through the growth and will be a vital component in the drive to abolition of special TV licences for satellite dishes and get more affordable housing built. Stalled sites mean the introduction of permitted development rights for that there is no local growth, community benefit, or those dishes. The Bill seeks to provide the same impetus new or affordable housing. Across the country there to the rollout of 21st-century superfast broadband are 1,400 stalled sites, with the capacity for 75,000 technology. homes. Clause 6 will enable developers to challenge the local authority on the affordable housing elements Clauses 10 to 16 take forward a number of of its Section 106 requirements in a fast-track decision- recommendations from the Penfold review to remove making process. It presents a real opportunity to overlapping development consent regimes, where multiple ensure that consents are viable and realistic. Furthermore, permissions from different government agencies are it addresses the reluctance of some local authorities to required on top of planning permission. However, I renegotiate currently unrealistic affordable housing shall focus today on the proposed reforms to the requirements, agreed in different market conditions. system for registering town and village greens in England, We recognise, of course, that many local authorities which will harmonise with the democratically accountable have already opened such negotiations, but not all planning system. The changes will prevent green have. applications being used to stop or delay planned development. Another aim is to reduce the financial As well as the measures in Clauses 1 and 6, the Bill burden and red tape for local authorities and landowners. makes a number of other changes, through Clauses 2 For the avoidance of doubt, the reforms will not affect to 5 and Clauses 7 and 9, which will make the planning existing registered town and village greens, which will process simpler while retaining important safeguards. continue to be given strong protection. We have also Clause 2 expands inspectors’ powers to award and set out a new local green space designation to give recover costs at planning appeals. Clause 3 corrects a special protection to local green areas, including legislative anomaly to enable the Secretary of State to recreational land, which local people can affect through award costs between the parties when a compulsory local and neighbourhood plans. We have set out in the purchase inquiry is cancelled and when a party does National Planning Policy Framework how local people not appear at an inquiry that is held. Clause 4 will help can use the designation, together with important to ensure that best use is made of existing buildings safeguards for existing open spaces. and brownfield land by making changes to existing powers to grant permitted development rights. Clause 5 Clause 13 introduces landowner statements. will ensure that information requests made by local Landowners will be able to deposit with the commons authorities are genuinely related to planning and the registration authority statements which bring to an nature and scale of the development proposed. Clause 7 end any use of their land up to that point as being “as will make it easier for local authorities to choose, if of right”, which is one of the criteria for registering they wish, to dispose of surplus land held for planning land as a town or village green. This mechanism will purposes, which will help to get more brownfield land allow landowners to tolerate any recreational use of back into productive use. Clause 9 will allow mineral their land without fear that the land could be registered planning authorities in England greater discretion as as a town or village green. to whether and when to undertake a periodic review of the mineral provisions. Clause 14 covers interaction with the planning system. I turn now to Clause 8, which I left out in addressing This is achieved through making changes to the Commons the first nine clauses. Because of its critical importance Act 2006 which will prevent green applications being to the United Kingdom’s long-term economic future, made where planning permission has been granted or the Government’s ambition is for this country to have where a planning application has been publicised and the best superfast broadband network in Europe by the decision is still to be made. Equally importantly, 2015. Clause 8 is particularly important as it will the changes will prevent town and village green potentially help to give over 4 million more people applications for land identified for potential development access to fixed superfast broadband, particularly those in local and neighbourhood plans, including draft in rural and hard-to-reach areas of the country. plans. 29 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 30
Clause 15 amends existing fee-making powers for therefore includes a measure to broaden the scope of applications to amend the registers of common land the nationally significant infrastructure planning regime and town and village greens under Part 1 of the so that developers of business and commercial schemes Commons Act 2006. The purpose is to provide greater can choose whether to apply to the local council for flexibility and targeting of fees, in particular to allow planning permission or to request to use the infrastructure them to be levied by different bodies where more than regime. one authority is involved in determining an application. Clauses 25 and 26 concern business rates. As well as Clauses 17 to 24 include a number of measures to measures to streamline planning and boost investment support the development of the infrastructure that is in housing and infrastructure, the Bill includes measures vital to economic growth. Clauses 17 to 20 have the to support business directly. Clause 25 provides certainty potential to unlock thousands of new jobs and millions by postponing the revaluation of business rates from of pounds of new investment in energy projects, and 2015 to 2017. Tax stability is vital to businesses looking Clauses 21 to 24 will remove delays that can hold to grow and to help improve the economy. Postponing back major infrastructure projects. Ofgem’s proposed revaluation in England from 2015 will avoid sharp £160 million gas network innovation competition, changes and unexpected increases in business rate bills specifically the funding mechanism, is currently being over the next five years. delayed because of regulatory ambiguity in the Gas Act. Clause 17 puts beyond doubt Ofgem’s ability to As business rates are linked to inflation, there will put in place conditions allowing the gas network be no real-terms increase. This reform will provide innovation competition to proceed. certainty for business to plan and invest, supporting local economic growth. Independent initial estimates Clauses 18 and 19 enable holders of Section 36 published in full by the Valuation Office Agency suggest Electricity Act 1989 consents for power-generating that 800,000 premises would have seen a real-terms stations to have them varied to take account of significant increase in their rates at a 2015 revaluation. As local technology and design changes without the need to government finance is a devolved matter, Clause 26 make a new application under the Planning Act. Clause 20 provides the Welsh Assembly Government with the provides legislative clarity on the requirements for power to make a similar postponement if they so development consents relevant under the pre-Planning choose. Act regime. Clause 21 makes clear our commitment to expand Finally, Clause 27 sets out a new employment status and improve the one-stop shop approach for non-planning of employee shareholder, which will give both companies consents for national major infrastructure projects, and people more options. Simon Walker from the while ensuring that interested and affected parties Institute of Directors said: continue to be consulted on proposals. In line with the “This scheme has the potential to reduce the employment law deregulatory theme of the Bill, Clause 21 and some burden on companies and make employees better off at the same parts of Clauses 22 and 23 remove the need for a time”. number of additional certificates and consents to be Stuart Rose, a former chief executive of Marks & issued separately and allow for the relevant issues to Spencer, said: be covered during the development consent order process, which will provide savings to business. “This is a win-win for entrepreneurs and employers in small and medium-sized companies that need a flexible dedicated workforce Clauses 22 and 23 update existing legislation on the focused on growth”. special parliamentary procedure to ensure that nationally significant major infrastructure projects are brought Of course, it is important that existing employees are forward as quickly as possible. The Bill makes changes not coerced into this new employment status. That is that will reduce the number of circumstances in which why the clause adds a new unfair dismissal right and a the special parliamentary procedure is triggered. It right not to suffer a detriment if an existing employee will also address inconsistencies between different pieces turns down the offer of an employee shareholder of legislation to limit consideration under the special contract. parliamentary procedure to the compulsory acquisition The new status will have all the rights associated of special land. This responds to a joint report in 2012 with employees, including discrimination rights, except on special parliamentary procedure by the Chairman for certain unfair dismissal rights, rights to statutory of Ways and Means and the Chairman of Committees, redundancy pay and certain statutory rights to request which urged the Government, flexible working and time to train. Employee shareholders “to rectify these anomalies as a matter of priority”, will be required to give 16 weeks’ notice of their and to a commitment made by the Government to intention to return from maternity, adoption or additional reform special parliamentary procedure for nationally parental leave. Importantly, employee shareholders significant infrastructure projects at the earliest will be given shares in the company of at least £2,000, opportunity. with the gains made on the first £50,000 of shares exempt from capital gains tax. This new employment It is vitally important to the health of the United status is about increasing choice and flexibility in the Kingdom economy that the development of projects employment relationship. of national significance that are needed should go ahead with the minimum of delay. But the speed with This Bill brings together a range of measures that which large-scale major applications are determined is will simplify the planning system, boost investment in falling: the number of cases taking more than 52 weeks housing and infrastructure, and help businesses and to decide has increased from 8% to 13%. Clause 24 growth. I commend it to the House. 31 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 32
4.15 pm On the national situation, in 2011-12, councils approved Lord Adonis: My Lords, I thank the Minister for 87% of applications, which as the noble Baroness explaining the Bill. We look forward to working with herself said is a 10-year high, with 82% decided within her as we scrutinise it in detail. I am fortunate to be eight weeks and 93% decided within 13 weeks. This is supported on the Front Bench by my noble friends not a plausible argument for failure and developers Lord McKenzie of Luton and Lord Tunnicliffe. can already appeal to the Planning Inspectorate on grounds of non-determination in the required time The Bill does a few worthwhile things, including under Section 78(2) of the Town and Country Planning removing restrictions on the disposal of land for less Act 1990. than best consideration, some of the energy provisions and allowing the stopping up or diverting of highways To be fair, I suspect that in her heart of hearts, as a and public paths to run alongside the planning process. distinguished former local authority leader, the noble However, the meat of the Bill is less appetising. Its unifying Baroness does not actually want the power to suspend theme is not growth but weakening local government. local planning authorities, but she has been told by the That contradicts not only the coalition’s own previous Chancellor that an example has to be made, in Admiral policy of localism but the excellent report on growth Byng fashion, of some supposedly obstructive councils, by the noble Lord, Lord Heseltine. He condemned so she has got to find a few to shoot at dawn “pour what he called the “drift to centralism”as an impediment encourager les autres”. to local economic regeneration and said that, Localism and local government have strong supporters “as Whitehall has taken more powers so its distrust of local in all parts of the House, and I hope we can work decision makers has increased. At the first sign of trouble, further constructively to get a better balance between local powers are wrested back to the centre. At the same time—and I democracy and Whitehall control in this Bill. The would say as a result—the involvement of local business people in same applies in respect of its other anti-local provisions. the governance of their communities has dwindled, and their There is concern at the restrictions on the designation energy and innovation has been lost”. of village greens and town greens in Clauses 13 and 14. Yet what does the Bill do but precisely what the noble My right honourable friend Hilary Benn describes this Lord, Lord Heseltine, criticised? On the unsubstantiated as a “positively Kafkaesque” proposal, in that under claim that local authorities are not giving enough the Bill the moment a planning application is published, planning consents quickly enough, it wrests power citizens are banned from seeking to register a green. back to the centre, authorising Ministers to suspend As he puts it: local planning authorities entirely for the first time “Since the first that most people will hear of an application is since the modern planning system was established when it is published, this seems to be a pretty clever way of after the Second World War. It does this in the very stopping people exercising their rights, unless they happen to be first clause of the Bill, whose opening words are: mind readers”.—[Official Report, Commons, 5/12/12; col. 617.] “A relevant application that would otherwise have to be made Also of concern are the wide powers to take planning to the local planning authority may (if the applicant so chooses) applications away from local communities in Clause 24, be made instead to the Secretary of State”. which significantly extends the lists set out in the That is the antithesis of localism and the report by the Planning Act 2008 by including business and commercial noble Lord, Lord Heseltine. projects. Clause 8 overrides the requirement to preserve The suspension of local democracy in the Bill is the beauty of national parks in the siting of masts and only supposed to be in cases of failure, but it is no overhead cables, which appears entirely unrelated to surprise that the Government are finding it hard to the imperative to extend broadband which the national define failure. When attempting to give the House of parks strongly support. I welcome the assurances of the Commons a concrete example of a failing local planning noble Baroness about that in her speech and I hope that authority, the Secretary of State, Eric Pickles, cited they meet this point. I will study her words with care. Hackney. He then had to correct this to Haringey, and There is a good deal of concern about Clause 6, apologised unreservedly to Hackney. No doubt the which sets aside affordable housing requirements through confusion was caused by Hackney and Haringey both the Section 106 process. This appears to be another beginning with the letters “Ha” and ending in “ey”. I straightforward case of Treasury knee-jerkism. It is hear that Mansfield and Macclesfield, not to mention obviously vital that housing developments in areas of Hertfordshire and Herefordshire, are eyeing each other need are economically viable; but no case has been warily and sending maps to CLG with their locations, made that Section 106 is holding things back, whereas spelling and other vital statistics clearly distinguished. without Section 106 there is a real danger that fewer The criteria for failure are not set out in the Bill but mixed communities will be created and there will be are at ministerial discretion and are being consulted less affordable housing. upon separately. When she replies, perhaps the noble Asked about Section 106, the National Housing Baroness could tell us how many local planning authorities Federation said: would be liable for suspension under the latest draft of “No evidence has been provided to suggest that planning the criteria, as they keep changing, and which ones are obligations are routinely stalling development.″ liable for suspension. The Council of Mortgage Lenders said: I note that in respect of the speed of deciding major “We are not convinced that Section 106 obligations are necessarily planning applications, which is one of the criteria for the key sticking point”. failure, the three slowest local authorities in the country When the planning Minister was asked by the are Kensington and Chelsea, Torbay and North Norfolk. Commons Select Committee, he could give no statistics I particularly look forward to the views of the noble on the number of developments being held up by Baroness on the competence of Kensington and Chelsea. Section 106 difficulties. He suggested that there were 33 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 34 some 1,200 sites and 75,000 homes being stalled, based was approving the very plans supposedly being consulted on something called the Glenigan database. The noble on. The consultation demonstrated almost universal Baroness has just referred to 1,400 sites rather than criticism and lack of support, but the Government 1,200. These numbers clearly vary depending on the proceeded anyway and, a mere two months later, your Minister. Lordships are now all that stand between the back of When asked to publish the Glenigan database, the the envelope and the law of the land. planning Minister said he could not do so because it A host of critical issues about shares for rights was was commercially sensitive. When asked the straight not addressed properly in the House of Commons and question of how many were stalled because of Section need to be addressed by your Lordships. First, what 106 requirements, he replied: protection will there be against people being forced to “It is very difficult to say”. take up no-rights jobs? As the noble Baroness just Perhaps the noble Baroness could tell us when she stated, in the Commons, the Government agreed to replies. If she cannot, surely Parliament should not be statutory protection in respect of existing employees, giving her the power to override local democracy on but what about new employees? In particular, what cause unseen. This is not a minor matter. Thousands about those on benefits who stand to have their benefits of affordable homes are provided each year under withdrawn if they do not take up no-rights jobs? The Section 106 agreements. I should add that the Local employment Minister, Michael Fallon, only exacerbated Government Association estimates that 400,000 homes those concerns in the House of Commons. He refused have planning permission but are yet to be built, which to accept a Lib Dem amendment to give protection to points to much wider economic factors at play than benefits claimants from having to take no-rights jobs. the planning system. So much for planning and local On the contrary, he said: democracy. “The Government believe that jobseeker’s allowance claimants must actively seek and be available for work … it is right that The other critical concern about the Bill relates to employee-shareholder jobs should be as much a part of that Clause 27. This is the so-called shares-for-rights scheme. consideration as any other”. —[Official Report, Commons, 17/12/12; The House will recall the origins of this idea: Adrian col. 649.] Beecroft’s controversial plan to abolish employment He said that, in such cases, the unemployed person rights in respect of unfair dismissal, even as the period should “normally accept the offer”. Let me stress that. of qualification for such rights was in many cases In the view of the Government, jobseekers should being doubled from one year to two years. The Business normally accept jobs with no rights when offered. The Secretary, Vince Cable, vetoed the original Beecroft only concession that the Minister made was that if plan, saying: some of the withdrawn rights were “appropriate”—for “Britain is already got a very flexible, cooperative labour force. example, the right to request flexible working could We don’t need to scare the wits out of workers with threats to well be crucial for a parent with young children—that dismiss them. It’s completely the wrong approach”. could be taken into account in deciding whether benefits We on these Benches, and, I suspect, most of our should be docked in cases where a no-rights job was friends on the Lib Dem Benches entirely agree with declined. Michael Fallon went on to say that the those sentiments. DWP’s decision-makers’ guidance would be amended The trouble is that Vince changed his mind, or had accordingly. Can I ask the noble Baroness if she will his mind changed for him. At the instigation of the circulate the new DWP guidance before we consider Chancellor, the Beecroft proposal reappeared, tied to this matter in Committee? the allocation of shares, in Clause 27. Clause 27 is Far from meeting concerns about compulsion to Beecroft by the back door. It creates so-called employee accept no-rights jobs, the Government are parading shareholders, who have been given shares worth between compulsion as positively desirable. Paul Callaghan, a £2,000 and £50,000 on the day of issue, who will have partner in the respected legal firm Taylor Wessing, no rights to statutory redundancy pay, no rights to said that these shares-for-rights contracts, request flexible working, no rights to request time off “will be optional to the extent that eating and drinking is optional”. to train and no rights to claim unfair dismissal. Secondly, in respect of employees facing redundancy It is important to separate the issues of employment or dismissal there is the obvious point that without rights and wider share ownership in this regard. We existing rights those who are aggrieved will be encouraged strongly support wider share ownership among employees to migrate to claims of discrimination, which are generally and many of the detailed and well considered proposals far more onerous and time-consuming when they come to that effect in the Nuttall report, published only six to tribunals. This is not just because discrimination months ago. However, that is entirely different to claims will be the only avenue open to the aggrieved, trading shares for basic rights in what is generally an having lost their other rights. To make another obvious unequal employment relationship, which is the very point it will often be true that discrimination is involved reason why employment rights exist in the first place since it is purely rational that an employer would seek and why they have been built up by Governments of to dismiss, or make redundant, first those who have no all parties for more than a century. rights to compensation—in other words to discriminate There is nothing well considered about this shares- against them unfairly. for-rights plan. On the contrary, it makes the back of Thirdly, what about tax avoidance? These shares-for- the envelope look like Magna Carta. The proposal rights contracts will go up to £50,000 worth of shares, was announced on 8 October. The consultation started as the noble Baroness said. The Government say that on 18 October. It was completed on 9 November. All they will get favourable tax treatment, although they of that was happening while the House of Commons still have not given the details. They expect us to pass 35 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 36
[LORD ADONIS] that Conservative councillor’s statement. In some of Clause 27 into law without knowing what the precise his comments, the noble Lord, Lord Adonis, also tax treatment of these shares will be, unless the noble reminded me of it. Baroness can enlighten us when she replies. I take some comfort, though, from the way in which The Institute for Fiscal Studies describes Clause 27 Ministers in the other place showed a willingness to as a “billion-pound lollipop” for tax avoiders which listen to, and sometimes also to hear, reasonable arguments looks as if it will foster a whole new avoidance industry, that were put to them and to agree to amend the Bill “just as government ministers are falling over themselves to accordingly, or at least to provide welcome reassurances condemn such behaviour”. as to the Government’s intentions. I have no doubt When she replies can the noble Baroness give me her that this listening and hearing approach will continue estimate of the likely cost in lost tax revenue of these in this House, as it always does with the Minister, and new employee shares? I welcome again the constructive approach that the In my entire time in Government and in the House noble Lord, Lord Adonis, has promised us from I have never seen such unanimous opposition to a the opposition Benches. I feel sure, therefore, that by proposal from those whom it is intended to benefit, the time we get to Third Reading we will be able to say namely companies themselves. Justin King, the chief positively that the Bill will do some good rather than executive of Sainsbury’s, who was on the Prime Minister’s that it will do little harm, which I fear is probably the business advisory group, says that the policy is, reality at the moment. “not what we should be doing”. I think that we all share at least some of the He went on: objectives of the Bill. For instance, we all wish to achieve sustainable growth and we all want more new “What do you think the population at large will think of businesses that want to trade employment rights for money? homes, particularly affordable ones. We may start to differ on how and where to achieve these objectives, He continued: but the overall objectives are shared. At the least, “Our agenda ... should be making employing people easier therefore, we should start by welcoming a Bill that and less costly”. seeks to achieve them and commit ourselves to making Only five of 219 consultation responses welcomed it better able to do so. the proposal. The Law Society says that it will be likely to create more red tape not less. It will raise substantial Clause 1 of the Bill concerns the planning system. risks of costly litigation and it will create serious It seems to assume that the major inhibitor to growth potential claims of discrimination. The proposal is is the planning system and local planning authorities not even welcomed by the Employee Ownership generally. There is absolutely no evidence to support Association, which says of Clause 27: that contention. If we are to legislate for what I believe is such a draconian measure, were it to be implemented, “There is no need to dilute the rights of workers in order to grow employee ownership”. then we need to have from the Government the evidence that tells us that it is necessary. I do not believe that We have our work cut out on this Bill. Local that evidence is there. Indeed, Ministers have implicitly democracy, affordable housing and the rights of employees accepted that by saying that they expect, as well as that at work are not small matters. They go to the heart of they hope, that these provisions will never actually be our society and our economy. Moreover, none of them used. That is all very well when we have such a is an impediment to growth. To get growth we need benevolent Government and a Secretary of State so vibrant local leadership, more affordable housing, and demonstratively well disposed to local government, self-confident, not fearful, companies and employees. but when this is set in legislation it is there for all time, Alas, this Bill weakens all three. and it is conceivable that one day there may be a Government and a Secretary of State who are less 4.32 pm benevolently disposed and are able to use these provisions in a less constructive way. We need to be aware of that. Lord Tope: My Lords, I declare my interest as a councillor on a London borough council, which is I understand very well why no Government would also a local planning authority. I thank the Minister want to set the criteria for designation in primary for the careful and thorough way in which she introduced legislation; they need to be flexible and to be able to the Bill. It sounded as if she might be choking on one respond to changing circumstances. However, I hope or two statements that she made, but I think that is that the Government will understand that others, local much more to do with the state of her throat than planning authorities in particular, need to see some anything that is in the Bill. safeguards in the criteria to be used for designation—if Listening to the noble Lord, Lord Adonis, I was that is to happen—for the future when that less benevolent reminded, not for the first time in the past couple of Secretary of State may be in office. years, of something that was said to me by a Conservative I hope, though, that we will look not only at what is local government leader when I first became a councillor in the Bill that could be improved or even removed, nearly 40 years ago. He said to me that there were but at what is not yet in the Bill that could make a really only two parties. As a Liberal I thought that I significant improvement in achieving its objectives. To knew what was coming. In fact he said that they were me, the most obvious absence is the biggest cause of the central government party and the local government the failure of growth, particularly in the housing sector. party. The more we have these debates in your Lordships’ I refer to access to finance, whether for SMEs or, more House on the Bills that come forward from a Government particularly in this context, for purchasers. For instance, committed to localism, the more I am reminded of between 2007 and 2011 gross mortgage lending dropped 37 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 38 by 61%, the number of mortgages fell by 50% and the that a local planning authority is on the danger list, average deposit for a first-time buyer doubled. The and will that be sufficient to enable it to improve itself Bill does little or nothing to address this issue. I hope and to seek help from its peers to be able to do so? that we will be able to address that important omission before the Bill leaves this House. Finally, on Clause 1, the Mayor of London is proposing that if any London local planning authority There are some interesting proposals from the is designated the mayor rather than the Planning Community Investment Coalition that seek to achieve Inspectorate should be able to call in and consider this and which fit very well with a localist agenda. The appropriate planning applications. I have made clear CIC argues, and I agree, that to deliver a real impact my concerns about designation, but I can see some the Bill needs to focus on providing local areas with merit in that power going to an elected and accountable the tools to hold financial services providers to account body that will at least have some knowledge and in order to improve access to credit on fair terms for experience of local circumstances. I am sure we will both households and businesses. consider that further in Committee. I turn to some of the other provisions of the Bill, I turn now to Clause 6, reflecting the modification starting again with Clause 1, on which I am sure we or discharge of affordable housing requirements in will spend much time in Committee. On first reading it Section 106 agreements. Again, we must recognise that is hard to understand how this could have come from the norm is that this happens already. All over the a Government who only a year or so ago promoted a country local authorities are renegotiating Section 106 Localism Act. In the other place, as I said previously, agreements with developers. It does not need legislation Ministers have gone to considerable lengths to put this or friendly advice from a benevolent central government proposal into a more welcome, or at least less unwelcome, to enable that to happen. Of course those negotiations context and to stress that they expect it to be rarely, if are hard. The developer, quite rightly, wants to get the ever, used. Indeed, I would expect that any sensible best financial return and the local planning authority, developer would never want to use it, except in the equally rightly, wants the best for the local community, most extreme circumstances. particularly with respect to much-needed affordable One of the many failings is that it seems to put housing. Those negotiations take place. They are speed before quality—speed of decision-making before sometimes difficult and protracted but more often the quality of the decisions being made and the decision- than not agreement is reached. Again, the Minister making process. I know we will discuss more fully how has said that some local authorities refuse to negotiate. we are going to balance that. Most of us would agree I hope she can quantify that even if she does not that we need both—a fast but above all a good quality wish—or is not even able—to name them now. The decision-making process. I look forward to the answer Local Government Association in its survey said that to the question from the noble Lord, Lord Adonis, on only 2% of local authorities are unwilling to negotiate. how many local planning authorities will be caught Before we legislate for that 2% we need to understand under the current proposed criteria. My understanding better whether that is just because they are very difficult is that it is none at all. If that is the case I wonder why and very awkward or whether there is some local Clause 1 of the Bill is thought to be necessary. reason or circumstance in a particular Section 106 agreement that brings that about. Times have moved on considerably. These days most local planning authorities understand the needs It is very important that this provision is not seen of developers. They understand that developers need either as any real or implied reduction in the Government’s to make their schemes financially viable and developers commitment to the provision of more affordable housing, understand the role of the local planning authority, nor as an easy get-out clause for reluctant developers. not least in representing the interests of its local We must also be assured that the Planning Inspectorate, community.Of course there are conflicts and frustrations if it is to be the arbiter, will be equipped for the task in reconciling these interests—there are hard negotiations being given to it—although I question whether this is and so there should be—but most of that is done the most effective use of scarce resources. Again, I am before the planning application is ever submitted. sure that we will spend some time on this in Committee Certainly that is the case if it is done properly. I hope when we will be seeking reassurance and safeguards we will all recognise that, as so often, we are legislating on these points. Again, we may wish to consider to deal with a small minority of the worst, rather than whether the Mayor of London has some role in this, as any representation of the norm, and that, as usual, we at least an elected and accountable body as distinct are doing nothing to reward excellence or to help the from an unelected and unaccountable one based some best to be better. distance from many local authorities. Of course, we accept that some planning authorities My colleagues speaking from the Liberal Democrat are not doing as well as they could or should. I know Benches in this debate will raise other concerns about that the Minister—who I know well as a fellow former the Bill. In particular, my noble friend Lady Brinton London borough council leader—will readily agree will speak about those provisions relating to rural with me that designation must really be a very last broadband and to employee ownership. I will leave resort and that a far better approach would be to that to her. I have just two further short questions for provide help and support to enable those authorities the Minister. Clause 24 would bring business and to improve themselves. Perhaps she will say a little bit commercial projects within the Planning Act 2008 regime. about the Government’s intentions in this regard. For Although I understand that this does not include instance, how much warning will the Government give retail or housing projects, can the Minister say how 39 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 40
[LORD TOPE] overturned on appeal. These are important metrics and by whom such projects will be defined as being of but they miss two further sources of delay: on minor national significance, and what additional power this applications and on the discharge of planning conditions. clause gives that does not already exist? Minor applications such as changing the frontage of a My final point concerns Clause 25 and the small shop may appear to be relatively trivial, but the postponement of the business rate revaluation. The cumulative economic impact of delays can be significant. Minister has told us how many potential losers—I The risk is that short-staffed local authorities will suppose we could call them that—there would be prioritise major applications at the expense of processing under such a revaluation. I wonder how many winners minor ones. That, surely, cannot be the Government’s there might be. Presumably it is a lesser number, which intention. Likewise, there is no point in having a is one of the reasons why we are doing this. In any speedy resolution of the planning application if it is revaluation, some are losers and some are winners; followed by procrastination over the discharging of there is a balance in that. I also wonder whether the planning conditions. I urge the Government seriously Minister can tell us what effect, if any, this will have on to consider these two important further metrics. the localisation of the business rate that starts shortly. I now turn to the difficult economic climate in I end as I began by saying that on these Benches we which development has taken place over the past few will work constructively with all sides of the House to years. There is often a considerable delay between an try to make this Bill even better so that it meets the application being approved and the first shovel in the objectives which are stated in its title, and which we all earth, during which time market circumstances can share. change. In such instances, local authorities have the ability to modify Section 106 agreements in order to 4.47 pm make sure that the development they want goes ahead. However, a recent Local Government Association survey Baroness Valentine: I declare that I am chief executive has shown that only one-third of respondents did so of London First, a not-for-profit membership organisation over the past two years, despite the deterioration in the that seeks to make London the best city in the world in economic climate. This lack of action has led to the which to do business. I am also a board member of stalling of perfectly good schemes, which have taken Peabody housing trust. Wearing both hats, I have a affordable housing and other amenities with them and strong interest in the efficacy of the planning system. have also contributed to the dire situation in the Too often, planning is seen by both those seeking construction industry. I therefore welcome the provisions approval for schemes and those charged with considering in the Bill which recognise the need for planning to them as a confrontational process, in which one side take more account of changing market conditions and wins and the other loses. This ignores the fact that which allow for the renegotiation of planning requirements good-quality new developments benefit both the developer to make schemes viable. and the local economy. As investment in infrastructure In London I would advocate the mayor having the is a key to economic growth, I am also keen to see a power to call in major schemes where the local authority constructive approach being taken to other areas such has been notified of a Section 106 modification. This as utilities, on which I will touch later. would ensure that London’s strategic needs are taken In forming my views on the Bill I had useful into account while maintaining democratic accountability conversations with the Department for Communities in the capital, consistent with localism. Similarly, the and Local Government, with the Greater London Government need to ensure that the cumulative burden Authority and with local authorities, as well as with of the various levies that planning authorities can developers and utilities. From those discussions, it is impose do not prevent development. This is a particular clear to me that the Bill contains some very welcome issue around the new Community Infrastructure Levy measures. In particular, I welcome the proposals that in London, because both the mayor and the boroughs enable the Planning Inspectorate to step in where the can impose their own separate charge. A safeguard is local authority has a track record of consistently poor needed so that this double-dipping does not stop performance in the speed or quality of its decisions. growth. The mayor has proposed that he should have In London, of course, the mayor has a specific the power to ensure that any proposed borough levy is responsibility for strategic planning, supported by a consistent with the growth objectives in the London well respected team with established relationships with Plan. I would support such a measure. This power all relevant stakeholders. It seems that, as the noble should apply to planning applications not only for Lord, Lord Tope, suggested, it would make sense for buildings but also for other strategic infrastructure such London referrals to be made to the Greater London as power supplies. I urge the Government to include Authority, allowing the Planning Inspectorate to focus energy infrastructure on the list of new developments on areas of the country without such arrangements. that should be referred to the mayor where they are of This would surely be in keeping with the spirit of the strategic importance to London as a whole, rather localism agenda. However, no matter where it is used, than to only one borough. this is a significant power, so we should be careful Unblocking planning obstacles is, however, only about how we designate an authority as “poorly part of the equation. A recurrent concern is that performing”. energy infrastructure struggles to keep up with demand. In its consultation on the relevant criteria, the For example, as Land Securities Group has found in DCLG suggests a focus on the speed with which its major development around Victoria station, developers decisions are taken on major planning applications often find that connecting new buildings to the grid is and the proportion of decisions that are subsequently expensive and slow because existing infrastructure is 41 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 42 already operating at capacity. At the root of this engagement and involvement, on a significant scale to problem is a regulatory framework that discourages shake up British boardrooms and to change some of the distribution company from investing ahead of the bad habits that exist. need. Imagine if every time you bought an electrical item you had to wait for a new power socket to be However, if one looks at the Bill, frankly, there is installed at home before you could use it. In effect, this none of that. As my noble friend Lord Adonis pointed is the problem that developers face. The difficulty of out, there are no echoes of the impressive Heseltine getting connected to the power supply is considered by report and no big ideas reflecting the way in which he many to be one of the top three risks when bringing approached the problems of growth and infrastructure. forward schemes. The regulator, Ofgem, should address Instead, the two most prominent measures are to cut this, so that the distribution company can build more local authority planning powers—unfairly, in my view, infrastructure in areas of intense business activity blaming them for blocking growth—and to threaten such as central London, in anticipation of high demand. workers’ rights with an implausible proposal to trade This way, new development would be able to “plug in shares for rights. In my view, the Bill rather offends the and play” rather than suffer sometimes years of delay. Trade Descriptions Act. The Prime Minister is rather keen on the Ronseal advert, is he not? But the Bill does Staying with infrastructure, I welcome Clause 8, not do what it says on the tin. which is intended to support the rollout of high-speed fibre broadband. In the 21st century, provision of I will leave others to deal with the local government broadband is as vital as access to water and power for aspects. The noble Lord, Lord Tope, has made an both businesses and homes. It is good to see that such effective start on chipping away at that pillar of the things are recognised as essential infrastructure and Bill. I shall concentrate my fire on shares for rights that their contribution to growth is acknowledged. and what that might mean. First, I find it unethical Finally, I will recommend a structural change that that you can trade a statutory right for something in would cost the Government nothing but which could your contract in that way. Perhaps the Minister would have an enormous impact on the efficiency of the tell us whether there is a precedent for this in British planning process: that is, giving local authorities the law; namely, that having a right is somehow a bargaining freedom to charge businesses the real costs of considering chip and something that you can buy and sell. I believe planning applications. At the moment, local authorities that it must be dismissed as a serious attempt to charge fees according to a government schedule rather develop employee ownership: it is more a trashing of than to the costs they incur. This means that at times workers’ rights. From the list that the Minister read of acute financial stress, authorities cut their planning out, if this legislation goes through, the proposals that resources. This is one major reason why some authorities will have the biggest effect are those relating to redundancy. are poor performers. Poor and variable advice from I shall draw attention to that point. inexperienced officers can add substantial delays and costs. Most developers would prefer fees to be structured However, the objections generally are many and in a way that guarantees clear and consistent guidance various. First, is this proposal really optional? Clearly, rather than suffer the greater cost of a poor process. it will not be optional for new starters. If an employer We should allow more flexibility to provide authorities says, “There is a job here and it has the status of an with the resources commensurate with the task at employee shareholder—take it or leave it”, the individual hand. will have to operate within that framework. For the existing employee—clearly, I recognise what has been In conclusion, I commented earlier that investment done in the other place about the new unfair dismissal in infrastructure was a contributor to growth. In naming right—there will still be plenty of scope for pressure to this the Growth and Infrastructure Bill, rather than be applied to individuals, short of dismissal, to fit in the other way around, the Government might be accused with the employee-shareholder concept. I do not think of putting the titular cart before the horse—but I can that any employer, even the few who would be interested live with that if the outcome is a thoughtfully integrated in this provision, will be particularly comfortable with approach to planning that enables the two objectives having two categories of worker—those who are employee to be met. I believe that the amendments that I suggested shareholders and others who are regular, standard would support such an approach and help give the employees. I shall come to one of the problems that planning process a key role in delivering economic that might create for an employer. recovery, rather than being a bureaucratic and inflexible brake. I urge the Government to consider them. There are questions about how the shares would be valued. When would entitlements become due? Do you lose statutory rights under employment law the 4.55 pm minute that you sign the contract? When do you get Lord Monks: My Lords, this Bill has an ambitious the money? When do you get rights to the shares? title. To the new reader, coming to it fresh, the title When does the £2,000 kick in? The share side of the might give the impression that it has ambitious contents; equation is fuzzy and there is a lot of scope for the that it is on the verge of giving effect to the Heseltine employer. The loss of rights, on the other hand, is large-scale urgent initiatives call, which he made so absolutely crystal clear. How do you redeem the shares well recently in this House on the basis of his report; and what do you get from them? Does the employer that there would be a call for a renaissance of municipal decide? In the debate in the other place, the Minister values in the spirit of Joe Chamberlain and other said that it could be left to the good sense of the Victorian civic leaders; and perhaps that there would employer and the employee to work out something be evangelising for employee share-ownership, and worker that is acceptable. As my noble friend Lord Adonis 43 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 44
[LORD MONKS] no-fault dismissal. However, I go a little further: it is said, that is not an equal relationship, particularly if no-fault dismissal with no compensation. At least someone tries to cash in their shares when the company Mr Beecroft proposed some compensation and did is in some difficulty. not go as far as this provision. Do the shares confer any rights such as full voting In May, the Deputy Prime Minister launched rights and representation in the boardroom, which are the Nuttall report on employee ownership. In our common in employee-ownership companies? Let us be view, it proposed a sensible way forward and did not clear: around 50% of new firms in this country fold include this turkey that we are debating today. So the within five years. Is there not a danger that an employee Government are not entitled to claim the support of shareholder will find himself or herself with no right Nuttall. The noble Baroness did not do so today, but to redundancy pay and a bunch of worthless shares? others certainly have. In those circumstances, he or she will be more vulnerable I very much hope—it may be a vain hope—that the than the standard employee, who will be entitled to Government will reflect on the Bill and be prepared to redundancy pay. The employee shareholder will possibly put it to one side to await the response to the Heseltine be entitled to absolutely nothing. The employer will report. The reports more or less call for the same find it cheaper to get shot of employee shareholders. I things and the Bill pollutes the terrain over which the believe that most employers will not touch this provision Heseltine exercise ranged so impressively. This messy, with a bargepole. ill judged Bill, with a misleading, grandiose title, is not The Front Benches in this debate have mentioned the way to start and not the way to organise a proper different employers’ opinions and I will not repeat response to a serious piece of work. In the spirit of them. Those employers who have been critical and “all being in it together”, one nationism or whatever, have damned the proposals with the faintest of faint in all corners of this House, it would be very wise to praise make up by far the majority. It is not as though wait for the government response to an initiative which employee rights are extensive in this country. Only the is, at present, attracting wide support from all quarters, United States and Canada offer less protection for the and which will get behind genuinely ambitious proposals individual employee. The OECD ranks us third in on growth and infrastructure, rather than taking this having the most “flexible” labour market, whereby unworthy route of trashing workers’ rights. workers can be dismissed most easily. Let us also be 5.06 pm clear that rights are being whittled down in other legislation that is before the House, has recently been Baroness Brinton: My Lords, as my colleague and carried through or is proposed—the latest being a noble friend Lord Tope said, I shall speak principally consultation on reduction of the redundancy period. to Clauses 8 and 27. I want to focus on the importance The Enterprise and Regulatory Reform Bill is being of rural growth and not just on the issue that I know considered in Committee tomorrow and will already concerns some people: of large telephone masts going curb employee rights. up in areas of outstanding natural beauty. I am grateful to the Minister for making it clear that the Bill excludes I guess, however, that although most employers will that. I start by declaring a past interest. I helped not touch the proposals, some will—not least to explore St John’s College, Cambridge to set up its innovation some of the tax advantages that might apply and to do park in north Cambridge 20 years ago and I was a so in a way that will seek to minimise any real dilution director of the St John’s Innovation Centre until 2010, of ownership from their embracing and welcoming working with entrepreneurs as they spun ideas out of groups of employees. If you are going to do employee Cambridge University. I was also deputy chair of the ownership, the lesson that we have learnt over the East of England Development Agency until 2005. years is that it is the companies that really believe in it and want it that make a success of it. The John Lewis The Cambridge phenomenon spread out from approach does not come through coercion or taking Cambridge’s central areas 100 years ago when engineering rights away from individuals who might at some stage support companies such as Cambridge Instruments need them. set up in Milton, one of the necklace villages, to provide instruments and other essential products and Employers who go down this particular route should telemetry for the Cavendish Laboratory and the be warned that the processes will be complex. For engineering department to start to use. The phenomenon example, as regards maternity rights, one will need to I shall talk about is not just one of the most recent check exactly who is a parent, how many children they 10 or 20 years of high-tech growth. Sixty years ago, have and all the rest of it. I was talking to my wife Trinity College built the first science park on green about this and we agreed that we are in the market to land, housing some of the new era of spin-outs from sell our parental rights, having long since disposed of the university, including Cambridge Consultants and any further use for them, and many Members of this many others. House would be in the same position. With any powers Since then, spin-outs and sons and daughters of of reflection, employers would also need to look at spin-outs have set up further and further away from their own reputation and that of their brand, which the centre of Cambridge because a small medieval city would be at risk if they went down this route. I believe cannot cope with large industrial growth in its centre. that the scheme will be a lot more trouble to them than In the late 1980s, it became clear that the area around it is worth. Cambridge was struggling with the problems of rapid I say to those Liberal Democrats who rightly criticised growth, including rapid increases in commercial and the Beecroft no-fault provisions that this, as my noble residential property prices, shortages of qualified staff friend Lord Adonis said, is a different way of introducing to work in the area and an infrastructure struggling to 45 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 46 cope with a large influx of new residents who needed The Government argue that not all companies will schools and other services. Some of the new small want to use this mechanism and claim that small, companies decided to move further out into the fens. often start-up high-tech companies are the likely Did noble Lords know that, in the 1990s, Ely was a beneficiaries. These are exactly the companies I have hot spot for high-tech veterinary research products? been talking to. My own experience in small high-tech Software companies have moved further out to places businesses in the east of England and Cambridge, and such as Chatteris. While perhaps one does not think of my discussions with the owners of those firms, show a fen village or town in that way, these companies have the exact opposite. They know that they have to motivate done it because they needed lower costs in order to their staff first. That is vital in the early days as recruit staff and, frankly, to house them. specialist companies face product development costs with no sales and often have anxious funders looking As IT connections have become more important over their shoulders. They are worried enough about the lack of broadband—let alone high-speed broadband the future of their organisations. —has become a serious issue for companies in rural areas. In the past it was not used universally but now Let us take another illustration, that of a firm that all businesses rely on broadband for their effective has been going reasonably well in Cambridge for some running, even those we think of as being low-tech. time and in which virtually all the staff hold shares. It Some friends of mine run a pig farm out on the hit problems during the recession before this one. Norfolk fens; even they use computers and broadband There was a staff discussion about how to help their for communications, orders, correspondence and results company through those tough times, and the staff from veterinary testing—and for access to government gave the company a series of loans over the two to advice, which can often be accessed only via the internet three-year period it took to keep it going. Some of the now. All of this is done via the superhighway. There staff in that organisation have said that if the company has been a serious market failure in providing high-speed had taken away their rights, there would have been no broadband in rural areas. Businesses in the fens of motivation for them to say, “We want to save this Cambridgeshire and Norfolk and in the Suffolk coastal company”. That is an example of good entrepreneurial areas all suffer from the lack of this fundamental tool spirit—a company where managers and staff work that urban and suburban organisations take for granted, together. even if it is not as fast as they want. I have two outstanding queries about this clause, Clause 8 opens the door to removing the first one of which has already been alluded to by the noble hurdle faced by broadband suppliers by easing the Lord, Lord Adonis, and raised by my honourable planning regulations. However, as I have mentioned, it friend Andrew Stunell in another place. It concerns sensibly insists on taking account of areas of natural the whole issue of a JSA recipient being offered a job beauty, and I am grateful to the Minister for making it with reduced rights in return for shares when entering absolutely clear that Clause 8 will not mean easy a company. It cannot be right to penalise an individual access for telephone companies to put masts up who chooses not to take a job with reduced rights. I everywhere. However, I should say that even I missed a know enough people who have been made redundant mast in Norfolk which I realised later was actually a from one, two or even more jobs who go into something very tall Scots pine; they can be quite discreet. asking, “Why would I give up any of the few remaining rights that I have?”. I want the DWP guidance to be Growth in our economy is vital to the future of UK absolutely explicit and statutory. If we do not get that plc; it is not just a city issue and therefore cannot be guidance before Committee, I may well table an restricted to city and urban areas. However, all amendment to ensure that we see something. Governments tend to focus on urban areas. I believe that our rural areas will be key to sustaining and I am also concerned about the information that revitalising our villages and the countryside around employees will have about the size and nature of their them, as well as providing real income for the country. shareholding. They must have access to independent legal advice, which should be paid for by the company I move on to Clause 27 on employee shareholders. and should set out clearly the likely path. Shares do The more conversations I have with Ministers and not just go up and down; they are often diluted out of others about this clause, the more bemused I become. sight in rounds two and three of funding. Employees First, let us look at the general principles behind it: need to understand that they are taking a substantial certain companies will want to offer ownership to risk not just in giving up rights but by having shares at employees in return for those employees giving up all. Sadly, not all our companies succeed; they certainly some or perhaps all their employment rights. These do not always see growth. Of those that do, employees include redundancy pay, rights to training or flexible often find that a shareholding that looked quite attractive working, and parental leave. Three members of my at even 1% in the early days is very small by the time immediate family are already employee owners: one in the company is worth anything realistic at all. the food retail sector and two in high-tech leading-edge companies, one of whom has had his shares for more Overall, my view is that this clause will not be used. than 30 years. When discussing this clause with them All the consultation responses that I hear say that it and with senior and junior staff in a number of other will wither on the vine, but the two items that I have companies, it emerged that every single person, from outlined will, I believe, provide some protection and directors and managers to new recruits, said that a cover some of the points that the noble Lords, Lord reduction in employment rights absolutely counteracts Monks and Lord Adonis, made about rogue employers the benefits of owning shares because it demotivates trying to use it. I, too, support the Nuttall report and the staff. Even senior directors have said this. the Deputy Prime Minister’s promotion of it earlier. 47 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 48
[BARONESS BRINTON] The introduction of faster broadband for the I believe that it is a more effective way forward by countryside is very important, and I fully understand giving employees the right, which my party has long the points made by the noble Baroness, Lady Brinton, believed in, to share in the benefits of growth of the but it is absolutely not necessary to do this at the expense company. Any company that grows helps UK plc, and of the potential desecration of our most cherished is that not what we are all here for? landscapes. The limited time allowed in the Bill for getting new structures up will be a further disincentive 5.16 pm to a careful process for managing our irreplaceable beautiful landscapes. I am not aware of any evidence Baroness Whitaker: My Lords, I shall focus mainly that it is the planning process in protected landscapes on two areas of this disparate Bill: those dealing with which is holding back the advance of broadband. Will affordable housing and the preservation of our national the Minister please give the House examples, if any landscape. Outside those, my noble friends Lord Adonis exist, in the national parks? As it happens, the national and Lord Monks, and the noble Baroness, Lady Brinton, parks authorities are already active in ensuring that have spoken eloquently about the folly and injustice of the relevant infrastructure is installed in a way which enabling businesses to buy the rights of their workpeople, minimises visual impact. I could cite Northumberland, which will have a particular impact on the position of the Peak District, Exmoor, my own South Downs and women. To subordinate rights to a contract is a backward many others. step indeed and I hope that there will be amendments to redress this. It is of course quite true that there have been delays in rolling out superfast broadband in our countryside, Turning to my main concerns, the Bill’s provisions but not because of the planning system. Receiving for renegotiating the proportion of affordable housing state aid clearance from the European Union was the agreed under Section 106 of the Town and Country main culprit: £530 million of expenditure on broadband Planning Act 1990 are also a real step back from the has only just been approved, covering perhaps half of excellent achievement of mixed housing developments, the local broadband plans, which would enable 90% of of which I have seen many successful examples. They the people in the UK to access superfast broadband. spell ruin for the encouragement of sufficient, much Does the noble Baroness agree? needed new housing for the countless hardworking people whose pay does not cover market prices. Will These provisions go against paragraph 115 of the the Minister say how enough new houses for people Government’s own National Planning Policy Framework who are not rich can be assured? Of course, we desperately and defy the intention of the great National Parks and need growth and investment in infrastructure, but this Access to the Countryside Act 1949: to conserve and Bill does not address the key issue in housing development, enhance our most important landscapes. I am sure the which is, of course, the bellwether of increased growth. noble Baroness does not want to play any part in The fact is that people cannot afford to buy and banks imperilling our natural heritage, which is already will not lend. House prices are rising at three times the so vulnerable, or deprive future generations of the rate of wages. immeasurable benefits of the national parks’ beauty. I look forward to her response. The Homes and Communities Agency wrote to my honourable friend Clive Betts MP, chair of the Communities and Local Government Committee, to 5.22 pm say that it was, “not aware of any current issues relating to section 106 agreement Baroness Eaton: My Lords, I begin by declaring an on the very small number due to start on site this … year”. interest as a vice-president of the Local Government I reiterate my noble friend’s question to the Minister: Association. I have also represented the council ward how many of the Government’s claimed hundreds of of Bingley Rural in West Yorkshire since 1986. I rise to thousands of stalled sites have Section 106 as the speak with some unease, since I take no real pleasure cause? Certainly, another cause seems to be the reluctance in criticising any government legislation. I am a strong of local communities to accept more housing. Here I supporter of the coalition’s endeavours to correct our can do no better than to quote Liberal Democrat economic situation and return us to a safe financial councillor Adrian Dobinson, who in a letter in last footing, and I firmly believe that the Government are Friday’s Guardian said that, making great strides in that direction. However, sadly, I see this legislation as a step in the wrong direction, “people will allow modern housing ... if building design of our age is considered building design as good as the period buildings which will not deliver its main objective of widespread found in villages, instead of awful little boxes demanded by economic growth but rather move us dangerously on a planners and weak-kneed architects unprepared to stand up to narrow winding path away from the golden road of them”. localism down which we have, to date, made much What can the Government do about that? progress. I turn to the landscape. The powers in Clause 8 My main concern is that the Bill focuses on something which seek to remove essential protection for our which is not proving itself to be a barrier: the planning national parks are aimed at speeding up the introduction system. We have heard from the Minister and the noble of faster broadband, facilitating tall poles, cabinets Lords, Lord Adonis and Lord Tope, of the 10-year and overhead lines, as the Minister explained. A very record success rate for planning applications and the large number of serious and representative organisations fact that 87% of planning applications were approved have asked us to remove this provision. I declare an in 2011-12. People will note the 87%, but we all need interest as president of the South Downs Society, the to recognise that some planning applications jolly well co-ordinating NGO for that area. deserve to be refused. 49 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 50
We have heard also that there is a building backlog I would welcome my noble friend’s views on how an of some 400,000 new homes across the country, all of assurance can be provided on this matter, what evidence which have planning permission but are waiting to be exists to support the clause, and how local planning built by developers. I hope my noble friend the Minister authorities will maintain control over the placement will agree that such evidence indicates that the only of infrastructure in order to reflect the wishes of the recently introduced National Planning Policy Framework, local residents and the businesses they represent. The which she and her ministerial colleagues should be issue of broadband boxes obviously links to the wider complimented on introducing, is starting to do its job debate on permitted development. I offer my support of delivering sustainable development. Would it not for the points made earlier by my noble friend Lord be better to allow the NPPF to bed in before we once Tope and the noble Baroness, Lady Brinton. again redraw the lines around the planning system? This Bill presents a welcome opportunity to empower Why is it always local government that is blamed for local areas to drive economic growth but, as currently delays—and all the ills—when there is no evidence for drafted, it will miss that opportunity. To really have this, as we have heard already from the noble Lord, any impact, it must look to address the real barriers to Lord Tope? growth and much needed housebuilding, such as access With regard to democratic accountability, my successor to finance to both build and buy. at the LGA, Councillor Sir Merrick Cockell, made the One way to do this would be through the removal point very well when he described the legislation as, of the housing borrowing cap currently imposed on councils. I read with interest a report published “a blow to local democracy”. last month by a group of organisations including This Bill takes authority away from locally elected the National Federation of ALMOs and the Local representatives and gives it instead to a national, unelected Government Association. This research demonstrates quango, the Planning Inspectorate, based in Bristol. I that removing the borrowing cap could deliver 60,000 fail to see how the inspectorate can appreciate the homes over the next five years and increase UK GDP local individualities that impact upon planning and by 0.6%. That is the sort of proposal that we need the built environment of, say, Bradford—or any other within the Bill, one that will have a tangible impact on authority—better than the local council. Can the Minister a real economic barrier. indicate how much additional resource the inspectorate I hope my noble friend will be pleased to hear that will be given and why the funding is not devolved my final point is a positive one. I welcome the inclusion instead to the local level to properly resource those of clauses within the Bill on the town and village green planning authorities that are struggling or, according registration system, specifically ensuring that discussions to the Government, deemed to be failing? Surely this about the future of sites take place primarily through could address the Government’s concerns. the democratically accountable planning system. Traditional and genuine greens are vital elements of There is a very real threat that the Bill will be sustainable and vibrant communities. I am pleased counterproductive, since the removal of local decision- that these clauses will not endanger such sites. I understand making risks denting public trust. This could mean that the Home Builders Federation, the Royal Institute that some communities will be increasingly reluctant of British Architects, the Local Government Association, to accept new development. I would welcome the the British Property Federation, the National Farmers’ Minister’s thoughts on this threat, since the last thing Union and many other organisations all support the we want from the legislation is increased delays. The clauses, which I hope will survive the scrutiny of this criteria for measuring performance under the Bill are House. also counterproductive as they focus on time taken to I hope that the Minister is able to respond to some assess applications and the number of approvals given. of my concerns. It is the role of this Chamber to offer Such a focus on blunt targets could result in rushed an honest assessment of the measures put before us. I decisions and, perversely, more rejected applications. am sure that, across the House, we can improve the There are a number of questions about how the new Bill in the way that we need to. system can work; for instance, how would an authority regain its decision-making powers once they have been taken away? I would welcome my noble friend’s thoughts on how any council can demonstrate improvement of 5.30 pm its performance if it is no longer dealing with planning applications. Lord Rooker: My Lords, I have nothing to declare other than a spell as a planning Minister and the fact I support the link in Clause 8 between fast broadband that I was never a local authority councillor. I think access and economic growth. Indeed, we are now in a the Bill is very depressing. It is a bit like the situation world where the latter is simply not possible without over the past decade, when we have had an annual the former. We will all be aware, I am sure, of the immigration Bill from the Home Office. “Immigration concerns raised by campaign groups that the proposals still rising? Get another Bill. It carries on rising? Get could open the floodgates to broadband infrastructure another Bill”. We are on the verge now of almost an boxes popping up across the countryside—not just the annual planning Bill. “Less building and infrastructure? masts but the large boxes—in a very unregulated Get another planning Bill”. That seems to be the fashion. Moreover, this clause applies to all telecoms treadmill. This is probably the third planning Bill since infrastructure, not just broadband. Perhaps my noble I relinquished the responsibilities that I held briefly at friend can explain how it will be limited to the declared one time. From that point of view, I am very depressed policy. about it. 51 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 52
[LORD ROOKER] Lord Rooker: It also said that communities are I do not think that any planning Bill in the past two likely to be increasingly reluctant to accept new decades advanced the cause of sustainable development developments in their areas. So what? If it is for the or growth. That is my broad-brush answer. Have all greater good of society, why should a local community the planning Bills had good intentions to modernise resident already there have the final say? I cannot the system? You are too right that they have: every accept that people own their local community in that single one of them had that intention. Have the attempts sense. I remember many years ago there was a major to use the planning system for social engineering to park area in my big, urban constituency—a constituency create genuine mixed communities really worked? I of only 16 square miles but with a population of have to say, honestly and in a broad-brush answer: no. 100,000. The world famous Birchfield Harriers had to Have all Ministers had good intentions to foster good have a new stadium. They were in a terrible location design, respect local communities and work in partnership with the way the roads were joined. It was suggested with local government? The answer is yes, all Ministers that the ideal place was in the park because we could have been in that position. Did we obtain the Docklands also go for the Commonwealth Games. On the other development in London—with the tens of thousands hand, people who lived round the park said, “This is of jobs that have been created in the past 30 years our back garden: you cannot build on that”. If it had there—and create Brindleyplace slap bang in the middle been left at that level, the stadium that brought massive of Birmingham, with the thousands of jobs there, or benefits to the city of Birmingham and UK athletics the new towns, by the aforementioned approach? No, would never have been built. You have to look and we did not. The system did not work and failed the elevate consideration above the level of localism. It country. Will this Bill deliver these objectives? I do not caused me great pain at the time to get those think that it stands a chance. representations from constituents. I watched the Planning Minister the other night on I think the Minister said in the “Newsnight”interview “Newsnight”. I was reminded of one of my own that if we have only about 12% built on, an extra 2% to speeches in this House as a Minister as he recited just 3% of the land of England would solve our problems. how little of the land of England is developed. It is Of course, the press can take that up and say that it some 11% or 12% maximum. He used the same facts I would be like a city the size of A, B or C, and that can did, probably briefed by the same officials as briefed be made to frighten people. But that is a tiny percentage me. It is a disgrace that, as far as I can see, he has not of the land-mass of England. had support from senior government colleagues in his bald approach to putting the case for growth and extra The one area where we have to be really radical is building in a way that identifies the fact that we are on brownfield sites. We debated the guidelines in this not concreting over the countryside. House some time ago—I think it was in October 2011. I raised then that there was a major problem about the By the way, I do not equate this Bill with the noble lack of serious attention paid to brownfield. More Lord, Lord Heseltine. I might have made a mistake radical measures are called for rather than the tinkering about this but I did not see the connection between the in this Bill. I do not wish to nitpick through particular two. The noble Lord rightly asserts that local—or, clauses of the Bill. It wants something radical: a line more accurately, city—regions ought to be the bedrock. from the Severn to the Wash, and north of that for five He does not talk about local authorities in that sense years brownfield sites need no planning permission or but about the city regions. The boundaries there are obligations—nothing. Let the developers go. All the impossible to make out. If you look from above, from facts quoted are correct about planning authorities a helicopter, you do not see the boundary. That is his doing this, that and the other. The thing that is missing approach. This Bill does not deliver his approach. I do is confidence. You will not fix that by nitpicking not think that it purports to. around the changes in the Bill. That is my view. I do not think you can allow the decisions to be There has to be development in the south-east, so made locally, with communities operating as super-parish south of that line, with brownfield sites of less than councils. That is the reality. We are in a serious mess five hectares, again, there should be no need for planning both on housing and infrastructure in this country. We permission. Sites of more than five hectares probably have it locked in. I am not saying that there is nothing need it. New towns, Docklands and Brindleyplace happening but we are getting less and less, and no one were built without planning permission, but we have can see a way out of that. I do not think the status quo building regulation controls and all those things that will work, but if we leave it to the present system the have to take place. That is fine. I would not object to a status quo will win every time. We will get less growth density directive but the barriers have to come off for a and will come back with another planning Bill. If decent specified period—as I said, for about five years. there is to be progress, decisions have to be made for the greater good of society and not of particular At all costs, we have to protect the national parks. I local communities. I do not wish to fall out with the declare an interest; for 25 years I have had a timeshare LGA but its briefing talks about democratically home in one of the national parks. That does not accountable, locally elected councillors. First, those mean that there cannot be new jobs installed there, or councillors follow the Whip and, secondly, the ward that we cannot reuse former agricultural buildings and councillors cannot vote on the issues relating to their existing properties. There are barriers to that now, wards anyway. where planners think they can decide whether someone doing some work in the countryside—perhaps they have diversified—should have a pitched or sloping Lord Greaves: Not true. roof. It is preposterous that a planning official should 53 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 54 make decisions like that about someone wanting to argued, local people should have a say in shaping their make a modest investment for some work they are communities and environment. As it stands, this Bill doing, maybe to encourage diversification. But that falls short in several areas of securing that. Two areas actually happens. that I—along with fellow Peers—will highlight are To a lesser extent, we have to protect the areas of Clauses 8 and 24. outstanding natural beauty. They cover a large part of The purpose of Clause 8 is to facilitate superfast the country, but not that much. The green belt is a broadband. It is a laudable aim but one which needs to collar around the urban areas. A lot of it is rubbish ensure that what is special and valuable about our land, but it is there as a collar to stop the urban most treasured landscapes is not lost—special and sprawl. The previous Labour Government left more valuable not only to our personal sense of well-being green belt than they inherited, but we allowed incursions when we enjoy the magnificence of the scenery, the into the green belt because we could replace it with tranquillity of the environment and the overwhelming thousands of hectares elsewhere. You can do that. sense of awe that such areas inspire, but valuable There does not seem to be a plan in the department. economically given the significant tourism revenue The approach is laissez-faire; “We’re in charge” and that national parks and AONBs generate precisely “Leave it all to local government”. But it does not because of their unique beauty and wild nature. have the wherewithal to do it in my view. That is not the level at which decisions should be taken. This clause is a sledgehammer to crack a nut—and There are brownfield sites in existence today where one where the existing nutcracker does not even seem the Chancellor or somebody should do a masterstroke. to be broken. While there have been planning problems If the developers cannot conclude development in the in some areas—I cite the borough of Kensington and next couple of years on a brownfeld site where planning Chelsea as the most prominent of those—there is no permission is granted, lift the obligations now. That evidence of any planning problems in national parks would generate confidence. More brownfield sites are with facilitating broadband delivery.I echo the comments being created. I do not accept the argument that we of fellow Peers that it would be good to hear from the are running out of it. There are thousands of hectares. Minister during the progress of the Bill what evidence If we concentrate on that we will protect cities and the there is that planning in national parks creates a green belt. I was very proud—and so was my noble problem with facilitating broadband delivery. It is a friend Lord Prescott—to operate the policy we inherited sledgehammer which creates a precedent by allowing from the noble Lord, Lord Deben. I saw examples of the key purposes of protected landscapes to be overridden it the other day in the middle of Cambridge. I remembered for the first time since their creation more than 60 years a particular development at the site that crossed our ago. desks at the time. It regenerated the centre of the city. It protected building on green fields. Builders love It is also a sledgehammer because primary legislation green fields—no doubt about it. They love flat green cannot be technology-specific. Like the noble Lord, fields. In fact, most of those are called flood plains. Lord Adonis, I was pleased to hear the Minister rule They should be required to carry the insurance of out mobile phone masts through secondary legislation. such developments. This would even up the cost of the What I have not heard from the Government—or in remediation of brownfield sites. It has been made too any of the briefings that we have had—are the number easy for them to get away with it. of new poles and overhead broadband lines that could stomp across our most cherished landscapes if this I do not propose to cover other points. I just want legislation goes through. The Government anticipate to make the point that the Bill is not radical enough 72,000 new broadband cabinets to deliver superfast and will not work. In two years’ time we will be back broadband services to 90% of the UK. That is their again, wondering why we have not generated growth stated aim. Surely this House should be asking the both for housing and for infrastructure. Government to confirm during the process of this Bill how many poles and lines could be needed if the 5.42 pm requirement for underground telecommunications apparatus in national parks and AONBs is removed Baroness Parminter: My Lords, before the new National and the final decision about siting is given to operators— Planning Policy Framework has even bedded in, and and, indeed, what impacts such a move would have on only six months after the Localism Act—as the noble the arrangements that Ofgem have put in place with Baroness, Lady Eaton, well said—the Government electricity providers for underground power lines in have been seduced by the siren voices blaming planning sensitive landscape areas. as the obstacle to growth. As the noble Lord, Lord Tope, said, they have ignored the reality that it is Clause 24 allows decisions of major local importance financial restraint, borrowing difficulties and, critically, to be removed from local authorities. If the intent is to consumer confidence that are holding back development. fast-track decisions, again, the Government will need But planning is the convenient whipping boy, and the to show the House the evidence that a significant one thing the Government can easily be seen to be number of large-scale, major applications are not being doing something about. met within 12 months—something their own figures While I support the Government’s vigour in doing seem to refute. How realistic is it that the major all they can to support appropriate growth and infrastructure planning regime will speed things up in infrastructure, that growth must contribute towards the absence of national planning policy statements delivering sustainable development—a term I did not that set the policy framework for decisions and thus find in the Bill. As Liberal Democrats have long guide the Planning Inspectorate? 55 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 56
[BARONESS PARMINTER] a degree of stability and not being beset by uncertainty More than this, this clause flies in the face of the and indecision in government. There are different commitment the Government gave during the debates examples in housing and in renewable energy—indeed, on the then Localism Bill, which was enshrined in the energy of any sort—where investment has been seriously resulting Act that the local plan was sovereign and held up by that uncertainty. that decision-making should be devolved to the lowest Moreover, the Government themselves are not possible appropriate level. The Minister in this House investing. A disproportionate amount of the cuts in said on Report that, public expenditure—whatever the arguments about “our reforms achieve their objective of putting the local plan and the total—have fallen on the capital programme, both the views of the local community at the heart of the system” in direct investment by state institutions and in partnership —[Official Report, 17/10/11; col.140.] with the private sector. As a result, there have been It comes before measures we fought hard to win serious cutbacks not only in social housing, which I during the passage of the Localism Bill have been shall come to, but in schools, road building, flood introduced that would help smooth the path of defences and other forms of local authority investment. contentious local applications. I am talking about There is more on the cards. pre-application scrutiny for departure applications. It comes as no surprise that it is proposed that gas When the Government themselves are not investing extraction projects should fall under these new procedures. and are not encouraging partnership with the private Gas will play a part in meeting the energy requirements sector in those areas, that discourages investment in of the UK as we transition to a low-carbon economy; general. In the face of that, there has been no serious but we are not America. We are a densely populated intellectual development, let alone implementation, of country. Local communities in the north-west have the novel forms of mobilisation of private sector money right to a say in the siting of energy infrastructure. If in infrastructure development. That is true even in the Government want to argue that fracking has more areas where an economic return is pretty well guaranteed, than a very limited future in ensuring UK energy such as housing or various parts of energy and transport, security consistent with our climate change obligations— let alone where there is no direct income stream against and, as such, that the new infrastructure is nationally it and where the private sector, in conjunction with the significant—they should first introduce a national planning Treasury, ought to be working hard to find motivation policy statement which we can debate in this House. for private finance, for example, into flood defences or road building. I am sure that the Minister is as pleased as I am to look forward over the coming weeks to replaying some There was a slight hint of that in the coalition of the debates we had, which resulted in the hard-won announcement this week, but I hope that the Government policy approach to sustainable development set out in can go a bit further. There is a serious need for a new the final NPPF. Growth may be this Government’s approach and new thinking on infrastructure investment byword, but we should not be afraid to say that what by the Government. None of that is in the Bill. Nor, makes this country—and in particular our countryside for example, is there any reflection of what I understood —so special is equally worth protecting. to be the Chancellor’s serious intention to get together with private institutional funders to put their money into infrastructure investment. We heard a lot a few 5.47 pm months ago about his discussion with pension funds, for example. What has that come to? It does not Lord Whitty: My Lords, as has been said already by appear that the Government have been able to motivate several noble Lords, most notably the noble Lord, serious investment in our infrastructure from the private Lord Tope, and the noble Baroness, Lady Eaton, the sector—and that in an era when corporate coffers are Bill seems to be based on some fairly substantial quite full and large sums of money are resting with fallacies, the first of which is that the principal reason institutional investors. for the lack of investment in infrastructure and housing in this country is the planning system. The second and That is a failure not of the planning system, local related fallacy is that the planning performance of government or the business rate system; it is a failure local authorities would somehow be seriously improved of central government. As my noble friend Lord Adonis if there was an ever-present threat of central government said, the Bill is also odd in that it is the antithesis of taking it over. I would dispute both fallacies. There is what we thought was the Government’s intention in probably a third fallacy in the Bill, relating specifically relation to local government; it is the antithesis of the to housing—namely, that we would get more affordable ethos of localism. I am not saying that there are not housing if the one mechanism that has delivered more some measures in the Bill that may be a bit of help. affordable housing in recent years was diluted and It is a hotchpotch of a Bill and not everything about it reversed. is wrong, but the overall impact will be nugatory in The failure of investment in this country is due to raising the overall level of investment. much wider things than are tackled in the Bill. A I shall say a quick word about housing, and I serious lack of confidence on the part of private sector declare my interest as chair of Housing Voice, which investment in the medium-term prospects of our economy campaigns for affordable housing. There is a crisis in is the central reason why we are not getting enough all aspects of the housing market but, particularly, as investment. That goes back to the Government’s economic the noble Baroness admitted during Question Time strategy. There is a parallel lack of confidence in the today, in affordable housing in all sectors—whether regulatory framework within which those investment social housing, mortgages and owner-occupied housing decisions are taken, sector by sector, to do with retaining or in the private rented sector. 57 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 58
One of the few measures that has delivered more I asked the noble Lord, Lord Marland, how this affordable housing has been the intervention of would work: are you prepared to sell a few rights for a Section 106 in planning agreements with developers. few shares, more important rights for more shares, or The Bill implies that many such agreements can be whether you have a job lot and all shares are bought made null and void. There is no need for that. As has out at a given time? This ought not to be a trading been said, local authorities can already renegotiate issue. People ought not to be asked to give up their their Section 106 arrangements in relation to housing. rights for shares. That is completely different from all The provisions that suggest that the Government will previous forms of employee share-ownership and lean on local authorities to dilute them further moves undermines all the good work in that area and in the in the wrong direction, and I will strongly oppose that mutual area. part of the Bill. However, that is only one element of The lesson today, in the context of the Bill, is that the apparent centralisation of the Bill. The first four that procedure—that way of getting Beecroft in by the clauses introduce a greater degree of centralisation back door—has absolutely nothing to do with growth than we have yet seen, which totally contradicts the or investment. Clause 27 should be deleted from the Localism Act, which we have just passed. So does Bill as rapidly as possible. Clause 24. I slightly part company with my noble friend Lord 5.58 pm Rooker on this. I do not think that local authorities have performed their planning function absolutely Baroness Young of Old Scone: My Lords, I declare ideally. I think that aspects could be reformed and that an interest as president or vice-president of a number some degree of change in the structure of local authorities of conservation and environment NGOs. I ask the would facilitate that. However, I do not believe that Minister’s forgiveness because I am mystified by the the man in Whitehall or, indeed, the man in Bristol—I Bill. As many noble Lords have said, it seems to be at slightly object to the disparaging reference to Bristol odds with a whole range of commitments that I thought by the noble Baroness—knows best. We need clearer the coalition much cherished, particularly localism. It national direction, but the logic of the Localism Act, also seems to be a bit of a knee-jerk Bill. It was not as I understood it, was that local authorities would be included in the Queen’s Speech. It has been cobbled given clearer responsibility for meeting the housing together with indecent haste and little consultation. needs and delivering economic development in their As many noble Lords have said, it does little to promote area, in conjunction with neighbouring authorities, growth but puts at risk the protection of our environment. and that they would be given commensurate powers to It is also a bit of a windmill-tilting Bill, because it get on with the job. If local authorities generally were perpetuates the myth that planning is responsible for put in that position, we would see serious investment holding back growth, rather than focusing on the in commercial and economic enterprise and in housing significant issue of the lack of finance for investment of all sorts. and the difficulty that people have in borrowing. Unfortunately, the Government do not trust local The noble Baroness, Lady Eaton, pointed out that authorities to do that. They are not prepared to give them planning is not the real barrier to growth and that a the powers; they are not even prepared to give them considerable number of building schemes with planning the responsibility without the powers in any clear way. applications already approved are not being built at The Bill, and certain other Bills that have been passed the moment as a result of constraints other than the recently, clearly allow central government to override planning system. Indeed, the hit rate of planning and take over those powers from local authorities. applications being approved by local government is That is a step in the wrong direction. The Government commendably high. What we are seeing in this Bill is a are becoming increasingly Napoleonic in their ambitions set of proposals that do not do the business in terms of in this area and, unfortunately, do not quite have in growth but put at risk that important natural capital their strategic approach the generalship that Napoleon that we have and undermine future prosperity. demonstrated. Unlike the noble Lord, Lord Rooker, I am a great I have three other quick points; I am running out of fan of the planning system. It is one of the jewels in time. The noble Baroness, Lady Parminter, rightly said the crown of democracy in this country. It allows that the Government need to be aware of the informed decisions to be made between competing environmental issues. I do not entirely go along with interests on a local basis in the interests of the public. some of the environmental and countryside bodies Anything that knocks that is to be resisted. It is not as that objected to the national planning framework in if the Government have not already made some pretty its initial form, but the Government need to take clear statements recently about their position on the seriously their concerns about sustainability in the planning system. For example, the planning system Bill. I am prepared to support the delay in the review was recognised in the Government’s natural environment of the business rate, provided that the Government White Paper, which was published only in June 2011, assure us that the time taken by that review will allow as being a vital underpinning of the protection and us to look at the full effect of business rates and how restoration of a healthy functioning natural environment. they are implemented on investment decisions across That in itself was recognised as being the underpinning the board—in other words, that it is not simply a delay of a prosperous and sustainable economy. but a reassessment. I am mystified that the Bill follows so soon after the Finally, on employee shareholdings, as I would planning reforms introduced by the Localism Act and expect, my noble friend Lord Monks has made the the National Planning Policy Framework in 2012. The case, as have others. Some time ago, in Question Time, National Planning Policy Framework negotiation was 59 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 60
[BARONESS YOUNG OF OLD SCONE] that the national park authorities have been pretty accompanied by much sweat and tears. It seems a proactive in minimising visual impact over the past shame that we are not allowing it a bit of time to prove five years in broadband applications. its worth. The registration of town or village greens provision Why was planning law not got right then, when all in Clauses 13 and 14 seems to be another “tilting at these statements of government policy and legislation windmills” element of the Bill. It appears to have been were going through the full panoply of consultation introduced to prevent the registration of a town or and in-depth parliamentary scrutiny? Why is the coalition village green as a ploy for stopping development. coming back for another go, which is so sadly at odds There are fewer than 200 applications each year to with its recently promoted policies? During the coalition register a green. In 2010 there were only 134. A tiny mid-term review yesterday I was waiting for an admission proportion of those could be regarded as vexatious. that something was wrong in the planning system. Potentially we are having a massive piece of legislation There was a lot about what has been got right, but the to prevent a small number of vexatious applications. It mid-term review did not say yesterday, “By the way, does not seem to be proportionate. we screwed up the planning system changes and now In Clause 24, the inclusion of major business or we need to sort them out”. commercial projects in the major infrastructure planning What are the changes proposed in the Bill that are regime is another erosion of the principle of localism out of tune with recently approved legislation or policy? and could risk that decisions are taken centrally out of Noble Lords have spoken at length about Clause 1 the local context, uninformed by local expertise and and the designation of poorly performing planning knowledge, and certainly not as part of a local process authorities. That is a retrograde step. It centralises informed by local democracy.The local strategic approach, power in the hands of the Secretary of State. It breaks which stresses the value of landscape-level land use trust with local communities and runs the risk of decisions, was emphasised in the Government’s natural important decisions being made out of the local strategic environment White Paper as fundamental. This would setting and without access to local information. The offend that principle. criteria for designation seem to say “Never mind the The types of development expected to fall within quality, feel the speed” and could put pressure on local the procedure have recently been set out in the government authorities to make swift and potentially poor decisions consultation. As other noble Lords have pointed out, to avoid losing their planning powers. these include minerals and gas-extraction projects. It The provision in Clause 5 to limit the power to is not clear how fast-tracking onshore gas and oil require information for planning applications seems extraction could be decided validly in the absence of unnecessary.Local authorities need the right information national planning policy on this issue. This must raise to make an informed decision and the noble Baroness, major questions about the Government’s real commitment Lady Valentine, was clear about the need for expertise to climate change policy. and clarity at a local level if good planning decisions I shall say nothing on Clause 27 about creating a are going to result. A limitation on the power to new employee shareholder employment status other require information could result in delays if information than that I agree with every single syllable that the is not available or in challenges to information requests, noble Lord, Lord Adonis, said on that. which again could prolong negotiations. The National We have a Bill that was introduced at speed, without Planning Policy Framework has only recently established consultation and with very brief opportunities for a clear policy on information requirements and, as I engagement. I hesitate to characterise the Secretary of said before, should be given a chance to prove its State as Don Quixote, but you could say that this is a worth. Bill that tilts at windmills that do not exist, given that In Clause 8 the electronic communications code there is little or no evidence that these planning issues issue underlines the importance of improving broadband are the true obstacles to growth and infrastructure. It in rural areas. I live in a village where it is possible to is a Bill that flies in the face of policies and legislation stream the BBC iPlayer only after midnight because of that are barely dried ink on the paper. The combination competition for band width. It is only recently that of these features makes this bad legislation. I hope paragraph 115 of the National Planning Policy Framework that the Minister, for whom I have huge respect, stressed the responsibility of planning authorities to having worked with her in Kensington and Chelsea, give greater weight to conserving landscape and scenic will use the passage of the Bill to tell us in the House beauty in national parks, the Broads and areas of what the real evidence is for these measures. If she is outstanding national beauty. The Bill’s provisions appear unable to give us real evidence, I hope that she will to go against that recently settled paragraph. drop or amend these proposals. I worry that this could be a precedent for removing 6.08 pm the greater weight duty in other ways and for opening up an avenue for removing other protections in the future. Baroness Wheatcroft: My Lords, I will restrict my The reality of knee-jerk legislation is that the knee can remarks to Clause 27, which has nothing to do with jerk in some other random direction in the future. planning, but is an attempt to foster growth. As we Apart from that this is a pretty evidence-free zone. have heard, it creates a new class of employee shareholders. There is no evidence that the additional protection The concept of turning workers into shareholders is afforded to designated landscapes has acted as a barrier not new. At one extreme is the John Lewis Partnership to rural growth or has delayed broadband rollout. The version, in which a business is entirely owned by its noble Baroness, Lady Whitaker, rightly pointed out staff. There is plenty of evidence that the model works. 61 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 62
The latest Christmas trading figures show John Lewis The object of this clause should not be to create a to have been one of the stars of the season. There are new underclass of employee shareholder but to generate several other companies, from booksellers to jam-makers, a wider concept of ownership. It should be truly that now follow that model. However, there are many voluntary. I have listened to the qualms raised by the other versions of employee shareholders. There are noble Lords, Lord Adonis and Lord Monks, and the SIPs, CSOPs, SAYE schemes and EMI schemes. Indeed, noble Baroness, Lady Brinton, but I hope and trust there are so many versions of employee shareholder that my noble friend will put their minds, and mine, at schemes and tax benefits that evolve around them, rest. This provision must not be allowed to be a and so complicated are the rules surrounding them, bullies’ charter. It would fail in its ultimate aim if it that last year the Office of Tax Simplification decided were allowed to be used that way, inflicted on an that it had to try to bring some logic to bear on them. unwilling workforce. There should be no compunction This year there will be legislation to tidy up the tax on those on jobseeker’s allowance to accept an employee/ regime relating to these schemes. But just as these owner job. I hope that many of those would like the complications are being ironed out, this legislation idea of ownership and be tempted to take that job, but brings us a new category of employee shareholder—the we should not force them to do so. We need to find a one who opts to give up most of an employee’s rights way to make the employee/owner option an attractive in return for stock. one, so while some rights are sacrificed, others should be conferred—perhaps membership of a works council, I think that I understand the thinking that may for instance. have given rise to this idea. It is a wish to do away with I do not like to see legislation wasted, but in its the antiquated us-and-them attitude that still colours current form Clause 27 runs the risk of dying on the the difference between management and labour in vine. Yet there is no need for that. With some effort, some businesses. It is an effort to remove the threat of the clause could be turned into a worthwhile extra industrial tribunals and potential redundancy payments, weapon for employers to use to help them build businesses which certainly hangs over young businesses and makes with a loyal, dedicated workforce that saw itself as on them feel unduly as if their hands have been tied the same side. We need to look again at Clause 27. As behind their back. It is an effort to engender the spirit it is, it will not achieve anything. However, I hope that of the John Lewis Partnership in its go-getting new- the Minister will see it as a beginning rather than an business way, the sort of thing that will bring us the end. growth that we need.
Yet we need to look more carefully at what the 6.15 pm clause is trying to do and whether it will have the desired effect. As it is currently drafted, a gift of shares Lord Morris of Handsworth: My Lords, I trust that with a minimum value of just £2,000 would be sufficient the House will understand if I limit my contribution to buy out a package of employment rights. Imagine, to the provisions of Clause 27. As noble Lords have if you will, a worker with family responsibilities bounding already heard, many in this House had hoped and home to tell his partner that he has signed away any indeed anticipated that the Bill would have been informed rights to redundancy for a package of shares that, if by the recent report, No Stone Unturned, authored by he is lucky, may be worth something one day but could the noble Lord, Lord Heseltine, and recently debated eventually be worthless. I am reminded of that Tom in this House. That report was built upon his experience, Lehrer song where he bumps into Walter Raleigh, who coupled with intellectual rigour. Sadly, however, what is trying to explain to him about tobacco. “What?”, he we have instead are some of the remnants of the says; “You do what?”. If someone goes home and Beecroft utterances, which are part of the package announces that they have sold their rights for a few being incrementally introduced through primary legislation shares, that is the sort of response that they might and the regulatory framework and which demonstrate get—“What?”. that the Government’s real agenda is to change the balance of the workplace relationship. We need to look again at this proposal. First, if In fact, the introduction to the Department for companies wish to take advantage of this new employee Business, Innovation and Skills website, on the subject status, it should be an annual commitment between of employment tribunal changes, could not be any employer and employee. Agreeing an annual payment clearer: it says that they will make it easier for business of shares in lieu of employment rights may enable to take on staff and improve the process when staff workers to build meaningful stakes in businesses, but have to be let go. So now we know what the Government’s that cannot be a one-off transaction, a small payment real industrial agenda is: there is nothing about increasing to buy—potentially—many years of servitude. Secondly, the skills level, training and retraining opportunities, it is wrong to make part of the deal sacrificing the investing in adult apprenticeships for those who missed right to demand training. If the aim of this measure is first training opportunities, or meaningful partnership, to get everyone working towards the same end, surely as the Minister recently outlined. There is nothing an acceptance of the desirability of training is key. We about consultation, how decisions are made or the need our businesses to be skilled; we need the workforce prospects for the future development of the enterprises. all to be aiming to be the best at the job, constantly At Second Reading of the Enterprise and Regulatory adding to their abilities and skills, not signing away Reform Bill, I said: their rights to more training but, on the contrary, “Youdo not boost recovery by making it easier to fire workers. begging for more and more, and prepared to give their You boost recovery by making it easier to hire workers”.—[Official time to learn. Report, 14/11/12; col. 1585.] 63 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 64
[LORD MORRIS OF HANDSWORTH] architects of this Bill see the primary solution to I stand by that statement. You do not build a stable Britain’s industrial malaise as simply attacking workers’ workforce by taking away workers’ rights, something rights. That has been tried before and it failed. that the Government seem not to understand. The Will the Minister inform the House whether all Government do not understand that in the workplace employees would be eligible for these shares? Will there rights and responsibilities go hand in hand. Workers be a qualification period towards entitlement and, if cannot be expected to discharge responsibility if they so, at what point would the employees lose their feel devowed of their rights. rights? Will there be equality between full and part-time What is at risk in Clause 27 is very clear but the real employees? What happens when the company gets difficulty is that we pay a heavy price for Clause 27. It taken over? What happens if the company goes into undermines the fundamental rights on which good liquidation? You lose your shares and your employment industrial working practices are built. Instead of rights. stimulating growth, this Bill, along with other packages The reality is that you have to consult, and be open introduced under the veil of growth, is a hidden charter and engaging. I say to the noble Baroness, Lady which provides for hiring and firing. Wheatcroft, that I was an employee shareholder in a It is not unreasonable to pause here and ask, “How company for which I worked for more than 18 years. I did we get here?”. I read in no manifesto, or indeed in did not have to give up my statutory employment the coalition agreement, that a Bill would be coming rights; I was never asked to give up any rights whatever. forward that contained the provisions of Clause 27. That company was successful and still is. We got here because the Government will listen only I am a firm supporter of credible employee shareholder to those who agree with their strategy and philosophy. ownership and of the principles advocated by the They will listen only to the IoD and the CBI. Indeed, Nuttall review but I doubt whether the proposals for the recent publication from the IoD sets out a 10-point selling workers’ rights for a few shares are credible, charter for so-called reform and control of the trade moral or fair. unions. In some instances I am not sure whether the IoD publication draws its source from Clause 27 or Clause 27 draws its source from the IoD publication. 6.27 pm If you read one, save yourself some time—you do not Lord Greaves: My Lords, it is a pleasure as usual to have to read the other. follow the noble Lord, Lord Morris of Handsworth. It The noble Lord, Lord Adonis, dealt superbly with is becoming a habit that I get put down to follow him the issues around consultation. All I want to add is and, as usual, I agree with what he has just said, which that the 21 days allowed for consultation on a matter fits in, as far as Clause 27 is concerned, very neatly of fundamental importance in terms of Britain’s future with what has been said by a number of noble Lords growth and infrastructure development is an affront around the House speaking from different perspectives— to democracy. No wonder only 184 responses were the noble Lord, Lord Monks, my noble friends Lady received—out of those, only two individuals and one Brinton and Lady Wheatcroft. I am grateful to my business stated that they would be minded to take up noble friend Lady Wheatcroft for the thought that the options under Clause 27. only in the House of Lords could someone quote Tom These proposals are without support, not from the Lehrer and expect everyone present to understand the usual suspects but from business and professional reference and remember the song. groups as well as legal practitioners and professional This is a very unsatisfactory Bill. It is interesting commentators including the Employee Ownership that, apart from the Minister’s introduction, it has not Association, the Chartered Institute of Personnel and had a huge amount of enthusiastic support around Development and, as we have heard, the Law Society. the House. I call it an “odds and sods” Bill. Perhaps The Equality and Human Rights Commission and the that is too rude for the House of Lords. In the old Fawcett Society have both expressed concerns that days, before Governments labelled Bills with soundbites the employee shareholder proposal will encourage and slogans such as “growth”, and actually said what discrimination because it is likely to affect women in they were, it would have been called the Planning the workplace disproportionately. Women are more (Miscellaneous Provisions and One or Two Other likely to be employed part time, to be carers, to need Things) Bill, which is exactly what it is. parental leave and to be pressured into accepting I get very frustrated by it. Following the noble lower status even before accepting a job offer. If the Baroness introducing Tom Lehrer, I wondered what I Government are really serious about wanting women should do to remove my frustrations and thought that to return to the labour market, they are not going perhaps going shooting pigeons in the park might at about it in the right way. Clause 27 takes away the least take some of them away. However, there are lots support that working women badly need such as training, of enthusiasts for nature conservation, and even pigeons, flexible working and parental support. around here who might chase me if I tried to do that Where is the evidence for the Government’s claim so I will forget that thought. that this Bill is necessary? Many who work in industry I should like to apologise to the noble Lord, Lord and understand how it operates see this Bill not as an Rooker—I am sorry he has just gone—for heckling asset but as a potential liability. In his report the noble him when he was speaking, which is a most un-Lordly Lord, Lord Heseltine, stresses the need for local enterprise thing to do but just shows the frustrations over this partnerships to be the engine for delivering growth Bill. He was adamant that ward councillors cannot and infrastructure development for the future. The deal with planning applications in their own wards. 65 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 66
I must live in a different universe from him because in The proposals for town and village greens suffer December I was at a planning committee—a development from the same problem. There are clearly problems in control committee—at which not only was there a big some places. It is ludicrous that somebody can apply planning application for housing in my ward but I to register a town or village green on a piece of land moved the resolution that the committee then passed which already has housing built on it. The whole unanimously. So the world is not as the noble Lord, procedure for registering town and village greens is, in Lord Rooker, thinks. my view, too legalistic and overbureaucratic. However, just bringing forward a one-off proposal which seems Thinking of local government, I declare my interests to solve a small-scale problem is not how to make in full—a habit I have as a local councillor, where quite significant changes to the whole regime set out in the rules seem to be stricter than in your Lordships’ the Commons Act 2006. It is not the way to do House. I am a vice-president of the LGA. As I have legislation. already said, I am an active member of Pendle Borough Council; I am “portfolio holder for planning policy”, Noble Lords have referred to Clause 1 and the way whatever that may mean. I am an active member of in which naughty or inefficient councils might be committees on and a patron of the British Mountaineering designated so that people then have the option to Council. I am a member and patron of the Friends of make planning applications direct. Quite apart from the Lake District, and a member and vice-president of the principle behind this, with which many of us are the Open Spaces Society. At least I know have those obviously not happy, all sorts of practical problems on record for the rest of the Bill. will arise which we have to look into very carefully in Committee. The local authority will need to keep a I am concerned about Bills such as this, which seem planning department because some planning applications to be the result of a circular that goes around to will go to it, so presumably that department will get different departments saying, “We are putting this less cost-effective and efficient. We have not been general Bill about growth and infrastructure forward. given any proper figures on the cost to government of Have you anything lying around that you might like to boosting the Planning Inspectorate. There is the question, put into it?”. There are two or three Bills of this nature for example, of pre-application discussions with applicants. going around at the moment. They can lead to unintended Who will do those? Will it be the local planning consequences and unexpected outcomes. The departments authority? Will it be the Planning Inspectorate? Who put forward what I might call one-off wheezes which will be responsible for that? Will it be the local planning have not been properly thought through in the context authority up to some stage, and then, when people say, of the legislation of which they are part. There is no “Oh, we are not getting very far with that lot”, will it underlying structure or philosophy about it; they are move to the Planning Inspectorate? Perhaps everything just put forward and can have unintended consequences. will have to start again. The outcomes of the Bill might be like that. Where the local planning authority has to do work, They can also, if we are not careful, undermine the on behalf of the Planning Inspectorate or otherwise basic principles and structures that lie behind legislation, because the application has gone there in the first place, areas of government and government policy. We see will it be reimbursed for that? Where will the planning that in this Bill. We see it in the planning system. We applications fee go? It all seems to be a very messy spent a huge amount of time discussing the passage sledgehammer to crack a nut, with lots of unintended of the Localism Act 2011; many noble Lords in the compromises. If nothing else, we in the House of Chamber today were involved in it. Whatever many of Lords have to probe properly the workability of it all, us thought about the outcomes—some very good, in the way that the House is very often so good at. some perhaps not so good—they were nevertheless based on the philosophy of how the planning system On Clause 8, on electronic communications, I am should work. Now we are putting it into practice to concerned about why these large cabinets are required see if it will work. and why the electronics industry, which is miniaturising everything at such a huge rate, still needs these cabinets However, what we have here is ad hoc, hotchpotch which are the size of a big wardrobe. That kind of messing about with bits of the planning system, some practical thing, in addition to all the other important of which seems to completely contradict the philosophy points that have been made, must be sorted out. behind the Localism Act. We have changes to planning rules and regulations proposed for national parks, On town and villages, under Clauses 13 and 14, removing requirements on the Secretary of State to there is a perfectly acceptable way of doing exactly have special regard to conservation and the environment what the Government want without driving a coach in national parks, done on an ad hoc basis. If the and horses though the very principle of the Commons Government want to change the way national parks Act and the registration of greens. There is a lot of work to make them more growth-based, perhaps they misunderstanding about greens. They are not a planning should change the philosophy and the ideas behind it designation. It is not a matter of deciding whether it is and let us have a national parks Bill under which we a good idea or not, it is a matter of fact. It originally can discuss that properly across the board. Some of us came from prescriptive common-law rights acquired would be very unhappy about it but we could nevertheless over time, which were first codified in the Commons discuss it. Bringing one-off measures such as this Registration Act of 1965, and then most recently in forward, which may then be cited as a precedent—“We the Commons Act 2006, of which some have a did that for that and it was not too disastrous, so we blessed memory. If we are to disrupt that whole system, can do it for that and a bit more”—is not the way to we should do it very carefully. On the other hand, get coherent legislation. the Government said that they wanted to align the 67 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 68
[LORD GREAVES] Effectively, the clause intends to create a blacklist of commons registration system with the planning system planning authorities that cannot be trusted with major where there were planning proposals. That is absolutely applications. We need to understand more about how sensible. It can be done, and a consequence may be this will work. It is a significant change to local that the town and village greens registration system authorities. While we might not want to see criteria can be made more efficient. However, the way in which put on the face of the Bill, we need to understand it is being done in the Bill abolishes people’s rights, more about which criteria will be used and how they rather than aligning them with the planning system. will be applied. The Government have mentioned the I will certainly be making proposals in Committee words “timeless” and “quality”, but how will that be that I hope the Government will at least consider and judged—on a one-yearly, two-yearly or five-yearly discuss sensibly. I look forward to the Committee, basis? Clearly, if an authority has a very complex, along with everybody else. major application in one particular year, it may distort the results, which could result in their being put on the blacklist. I am also intrigued to know how, if an 6.37 pm authority has got on such a blacklist, it can get off it. Lord Smith of Leigh: My Lords, I should have liked How can it get off a blacklist if it is not dealing with to welcome a Bill that encourages growth and improves major planning applications? How can it prove that it infrastructure. The country certainly needs it. However, has now reformed itself and can deal with it? That is this Bill is largely a missed opportunity. Before I start, an important issue. I need to declare my interests as well. I am leader of The Government also have a blind faith in the Wigan Council and chairman of the Greater Manchester Planning Inspectorate’s ability to do the job better. It Combined Authority. I remind London-based colleagues certainly does not seem to have the capacity to do it at that theirs is not the only conurbation with a form of the moment. In my experience of it dealing with governance; we have one in Manchester. I am also a planning decisions, it is not very timely, it is very vice-president of the LGA. expensive, and it does not always come to the right Like other Members, I think that the evidence that decision. I could quote many examples of that and I the economy is being held up by the planning system is am sure that noble Lords could also do the same. just not there. The Minister has not really added to Under Clause 6, local authorities may seek Section 106 our understanding of that. We are not holding back agreements so that they are able, when they approve growth with an inadequate planning system. In fact, in major applications, to get the developer to attempt to housing, as the Minister herself said, there have been a mitigate some of the impacts on local communities. large number of approvals in recent years. People have Affordable housing is the most important part of said that there are over 400,000 outstanding planning these obligations. It enables local authorities to start applications, so clearly there is an opportunity in the doing something about what I believe is a very urgent system to build homes if people want to take it. problem and one which was not tackled enough by the However, they are not being taken up, largely because previous Government and is not being tackled enough of funding issues and the weaknesses in the housing by the present Government. Section 106 agreements market. In most parts of the country, economic were beginning to start to show an increase in that and uncertainties and the changes to mortgage funding I would be very concerned if that was not the case. have certainly fundamentally altered the demand for housing. Developers are uncertain and, assuming that My authority renegotiates Section 106 agreements they can find funding, they are unlikely to start building if we feel that it is necessary to do so. However, we do new homes which are likely to go unsold. it on a case-by-case basis because we recognise that Contrasting with the Government’s view on the economic circumstances have changed. I feel that Clause 6 need to stimulate growth is the recent report, which might give an opportunity for unscrupulous developers—I many Members have already mentioned, of the noble am sure that people do not know any of those but Lord, Lord Heseltine, No Stone Unturned. He believes there may be one or two around—who will overpromise in a localist approach, not the centrist approach which what they will deliver in order to get a planning the Bill seems to be. He wants to identify public permission and then not deliver it by seeking to have it funding and allocate it to infrastructure projects, making undermined under this clause. The key to this is to sure that local and central government have arrangements determine the economic viability of a particular scheme. that can achieve growth. It is a very complicated deal. If developers have overpaid for a piece of land, is that not their responsibility? I should like to make some more detailed comments They made that judgment. We seem to be providing on Clauses 1, 6 and 25. The most worrying aspect of them with insurance. They can offer what they want Clause 1 is its undermining of local accountability. for land and they will somehow get away with it Any major development will have a significant impact because they will be able to renegotiate a Section 106 on local communities. Local authorities are best able agreement. I am concerned that we are saying that if to understand the impact of this effect and to make we are to give powers to the Secretary of State, then sure that it can be considered—and where possible this will come under the Planning Inspectorate. they can achieve some degree of mitigation. No inspector, Determining the economic viability of particular schemes wherever they come from, will have that level of is not the skill of the Planning Inspectorate. understanding of a local area. They will come in and go out, but the local planning authority has to live I have tried my best to understand the Government’s with the consequences of its decisions in the future. objectives in Clause 25 with regard to deferring the We are, in fact, undermining localism. revaluation of business rates. In her opening statement, 69 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 70 the Minister referred to the need to give certainty to both in the short term and in the long term, providing business. However, that is not a neutral act. We provide the power that stimulated Boeing and other companies businesses with this certainty, but in fact we keep the to provide all those bombers that were needed during unfairness, which is that businesses that have been the Second World War. badly affected by the economic changes from five I would like to think, but I do not believe, that this years ago will not have revaluation at the moment. Bill will provide such a stimulation for a piece of This will have a significant impact on certain parts of infrastructure in the north-west of England that would the economy. create jobs both in the short term and in the long term. As I began to look at what I would say in today’s However, I am an optimist, and I hope that we can debate I became more aware of the amazing feeling in improve the Bill so that it lives up to its name. the property sector against this clause. One property company has an online petition to try to stop this 6.49 pm clause going through, and many others are complaining Lord Teverson: My Lords, I, too, declare my interests. against it. Coming from the north, what concerns me, I am a member of a unitary local authority, Cornwall as Members might understand, is the regional Council. I am a substitute member of the planning differentiation that this will create. The economic committee. Because I am a substitute, I thank goodness performance of this country over the past five years that I do not often have to attend in terms of that has been different in different parts of the country. If particular function, but I went through all the training we perpetuate the current level of business rate in the and did all of that. I also have a role which in some future, then we simply perpetuate that unfairness going ways is on the other side: I chair a commercial forward. Of course, this is in favour of London and development company with interests in the south-west, the south-east. which applies for a number of planning permissions to It will also impact differently on different sectors of do with commercial development. the economy, not all of which have performed well. Something that particularly struck me about the Much of the concern that I read about is for the retail timing of this Bill is that, although it seems a long time sector. We have clearly seen today that the impact over ago—in politics I guess it is—it was only in March last Christmas has perhaps not been what the retail trade year that the National Planning Policy Framework would have wanted. We have seen the closures of was decided, and the Minister delivered it and made a major retail companies over the past few months. Statement. I will come back to that Statement. It was a Anywhere you go, in all parts of the country, you see mere 10 months ago that we completely revolutionised in many town centres the blight of boarded-up shops the planning system. I was very iffy about what would and the consequences of that on shopping in towns. come out of it and was one of the many people who, What will this do if we then keep the high level of when the Government started to move into consultation, business rates for the retail sector for those town thought that we would have rip-roaring development; centres that need some stimulus? The Government are that the sustainable part of development would be right that some sectors will benefit from the change, forgotten; and that the Government, for good reasons one of which will be caravan parks. With all respect to in many ways but with a bad effect, would not pay a the Government, I do not feel that our economic lot of attention to the consultation. future is dependent on a successful caravan park sector. However, my cynicism was absolutely wrong. The We need to stimulate more important parts of the Government came out with an extremely good and economy. balanced planning foundation that set a course that I I am also concerned that once we stop what has think will be successful for the future. It was well been an agreed five-yearly review of business rates, balanced, and it took away the sclerotic planning when it comes to 2017 the government of the day may system and all the different policies and recommendations think, “Oh my goodness, this is going to be more that local government departments had at the time. It difficult. It’s more turbulent than it would have been was also absolutely clear where government planning some years ago. We’ll put it off again. We don’t want policy was going. to cause turbulence”. What is my belief about that? I took the opportunity of reading the right honourable We have a system of council tax where the properties Greg Clark’s Statement to the House of Commons. are valued as though we were back in 1991. No He was very good in outlining what the reforms were Government have had the courage to revalue council about. There were three fundamental objectives. The tax valuations since 1991. We are simply frightened of first was, doing it. We are now fossilising the business rates as “to put unprecedented power in the hands of communities to though we are back in 2012. shape the places in which they will live”. Following the inspiration of the noble Baroness, The second was, Lady Wheatcroft, I also thought about a song. Looking “to support growth better to give the next generation the chance around the House, I see that noble Lords are mainly of that our generation has had to have a decent home, and to allow my generation. Do noble Lords remember from their the jobs to be created on which our prosperity depends”. youth the song “The Grand Coulee Dam”? When I That is very much what this Bill is supposed to be was a lad I did not understand that. Who would write about, but we will have to see whether it achieves that. a song about a dam? However, when I grew up I The third objective was, understood the importance of the “Grand Coulee “to ensure that the places we cherish—our countryside, towns Dam” as part of Roosevelt’s New Deal programme and cities—are bequeathed to the next generation in a better and the impact that it had on the north-west of America condition than they are in now”. 71 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 72
[LORD TEVERSON] am aware, we have not had even one neighbourhood That time dimension incorporates an understanding plan agreed. Yet we have that balance between local that planning is not just about now, or about economic communities being able to produce their own plans growth now, but about sustainability for the future in and having to make sure that they do not opt out of all terms of the environment and about long-term the obligations of a community but have to tie up with environmental viability. the broader local plan, which I think is the right Greg Clark continued with what to me is the key balance. We have not given it time to be implemented. sentence. He said: As to bad planning decisions and whether they are made by the national inspectorate or are outside the “A decade of regional spatial strategies, top-down targets and national planning policy guidance that has swelled beyond reason— community’s control, we are stuck with them for decades over 1,000 pages across 44 documents—has led to communities once we have made them. That, too, is an issue we have seeing planning as something done to them, rather than by to remember. them”.—[Official Report, Commons, 27/3/12; col. 1337.] The noble Lord, Lord Rooker, mentioned the I think, “Hallelujah, that is absolutely right”. I have proportion of land that is industrialised or developed been involved in European-level politics, national politics at the moment, which is relatively low. On one point I and local government politics. That is exactly how it is: particularly agreed with him: even in rural areas—the local government feels that it is done to it rather than NPPF does this—we have to be aware that there is by it. proper development. I believe that the NPPF already That is why this Bill really disappoints me in terms does that. I suggest to the Government that an area of what I see as the Government somehow, after only they really want to look at is something like vexatious 10 months, losing confidence in that very clear vision judicial reviews on planning, which can happen through that they had at the time—and that I hope that they very rich, narrow interest groups that are trying to still have. It seems that they have somehow shifted into stop community developments. Perhaps the three-month reverse gear. I will not go through the clauses in detail limit should be reduced. because noble Lords have done so already. Clause 1 The main thing that I will say is that I am a enables the Secretary of State to take over the planning complete convert to the Government’s planning policy. functions of failed authorities and to delegate upwards I just wish that this Bill would conform to their own to the Planning Inspectorate. views on planning for the future. As regards the information requirements, again I come back to the National Planning Policy Framework 6.57 pm document. Paragraph 193 states: Viscount Hanworth: My Lords, I have a completely “Local planning authorities should publish a list of their different take on the National Planning Policy Framework information requirements for applications, which should be proportionate to the nature and scale of development proposals from the previous speaker. Our present—perhaps I and reviewed on a frequent basis. Local planning authorities should say pre-existing—planning system had its inception should only request supporting information that is relevant, in the Town and Country Planning Act 1947, which necessary and material to the application in question”. was enacted by the post-war Labour Government. But I do not think that anyone could disagree with that; planning in the UK has had a far longer history. yet somehow we are trying to redefine that in this Bill The 1947 Act was inspired, in large measure, by when we have already cleared out past policy and such advocates of town and country planning as Octavia made it very clear. Hill, Henrietta and Samuel Barnett, and Ebenezer My local authority is very aware that if Section 106 Howard, but the line of descent extends back at least agreements do not work or are not working, they to the Welsh social reformer Robert Owen. The history should be up for review. I take absolutely the instance of planning is closely aligned with that of the socialist that what that should not do—but what it risks doing—is, movement. However, that has not prevented some in as has just been said, make the bad deals done by the Conservative Party honouring the early protagonists developers in the past somehow too big to fail. The of planning. moral hazard issue comes back there. In terms of In a recent speech, delivered at the annual conference Clause 24, I find it very concerning in that here we are of the Town and Country Planning Association, Planning dealing with the major infrastructure planning regime Minister Nick Boles extolled the virtues of this long that we went through in the 2008 Act under the previous tradition. He described the planning system as a means Government. Perhaps unlike some of my Liberal by which villages, parishes and other neighbourhoods Democrat colleagues, I strongly believe that some can take control of their future and decide for themselves national projects—perhaps on energy or transport—did how and where development should take place. Here not fit well into local planning and that there needed there was surely an allusion to the Conservatives’ to be an alternative approach. I get very concerned localism agenda. Of course, this is not the principal when that now could apply to commercial and industrial virtue of our planning system. Our planning system is developments, which by their nature have a local basis. a means by which the conflicting interests of diverse I believe that there are a number of dangers here. parties on a national, regional and local level can be In terms of planning at the local authority level, we reconciled in an orderly manner within a rational should decide that if it is broken we should not put framework and in a way that might help to preserve or another infrastructure above it but should fix the enhance our urban and rural environments. problem where it is at the moment. In particular, we Notwithstanding the acknowledgements of the should give the National Planning Policy Framework Planning Minister, it is undoubtedly true that in the time to work. Where are we at the moment? As far as I perception of many Conservative politicians the planning 73 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 74 system is tainted by socialism and is therefore the Merrick Cockell, the Conservative chairman of the object of much thoughtless criticism. The planning Local Government Association, has recently demolished system’s careful provisions and restraints are characterised the idea that planning regulations are inhibiting the as so much red tape to be cut through, to release debris building of houses. As we have heard, Cockell pointed that can be swept away vigorously. The Government’s to the fact that 400,000 plots across England and National Planning Policy Framework, which is a precursor Wales already have planning permission, which is to the planning and innovation Bill, is a product of enough to last for three years at the current rate of this Conservative mentality and gives a good indication construction. He has indicated that the problem lies of the equivocation and confusion to which that mentality not in the planning process but in financing. Developers can give rise. cannot borrow money to start building homes, and potential homeowners cannot get mortgages. Nor are A boast that was proclaimed by the previous the developers willing to proceed before they can see a Conservative Planning Minister, Greg Clark, in his prospect of increasing house prices. introduction to the document issued in March 2012 by the Department for Communities and Local Government, The Bill will also allow planning obligations relating is that the National Planning Policy Framework has to affordable housing, established under Section 106 replaced more than 1,000 pages of guidance and of the Town and Country Planning Act 1990, to be regulations with 50 pages, written simply and clearly, renegotiated and, in effect, suspended, with the aim of that are aimed at allowing people and communities to making development more profitable to construction participate in the business of planning. In the main, companies. It is extraordinary to be contemplating the nostrums of the National Planning Policy Framework such a measure at a time when we need affordable are unexceptional, and some are even laudable in a housing in a way that has never been more acute. One manner that befits a Government who, at the outset, is reminded of the fact that, in a previous period of declared their intention to be the greenest Administration prolonged economic distress, the 1930s, local authorities ever. were actively encouraged by central government to provide affordable housing on a large scale, in the On the strength of the text, it might seem that the form of so-called council houses. A policy of this sort Conservatives have absorbed the ethos of town and is something that the present Government are unable country planning and that they are intent on making it to contemplate. their own. However, the words of the document are an utter deception. Its real import is contained in a Of course, housing is not the only concern of the mere two pages of an annexe, which lists the 44 planning Bill. Many national projects such as airports, power documents that are replaced by the new planning stations and railways are to be taken into account. In framework. The two pages are evidence of an this connection, the Chancellor of the Exchequer, extraordinary act of vandalism. A set of sophisticated George Osborne, is on record as expressing his regret and carefully crafted documents, which have provided that we cannot proceed in the manner of China, which policy guidance in many specific circumstances and is to ride roughshod over all interests that might be have been developed and refined over the past 25 years, adversely affected by such projects. However, it is not have been tossed into the rubbish bin, to be replaced on account of unconquerable opposition that this by 50 pages of vacuous pieties. country is failing to proceed with the major projects that are necessary for the revival and maintenance of The atavistic attitudes of the Conservatives have its prosperity. In every one of these connections, it is come to the fore in the Bill that we are considering, the Government’s failure of political will that is at which is remarkable for the way in which it represents fault. The Government are fearful of the effect on the Conservative mythologies regarding the planning their electoral prospects that the pursuit of such projects system. The Bill proposes to promote investment in might have. Surely it is only by reconciling conflicting infrastructure projects and reduce delays in the planning interests via a vigorous planning system, involving system. Under the proposals, many infrastructure projects proper compensation of disadvantaged parties, that will be referred to the Secretary of State rather than such major infrastructure projects can be pursued to to local planning authorities, supposedly in order to the advantage of all of us. expedite the progress of those projects. This extraordinary and high-handed measure will give arbitrary and exorbitant powers to the Minister and represents a 7.05 pm complete reversal of the Government’s localisation Lord Best: My Lords, I declare my interests as agenda. president of the Local Government Association, which In a manner that is reminiscent of the Government’s represents local planning authorities, and as chair of attack on supposed benefit scroungers, the Secretary the Hanover Housing Association, which seeks planning of State for Communities and Local Government, consent for numerous housing projects for older people. Eric Pickles, is proposing to target recalcitrant councils In terms of the Bill’s main policy objective—to and planning authorities with special measures. However, promote economic growth and remove barriers to when challenged to name any such authorities or to development of infrastructure and new housing—I declare the criteria against which they might be must express my full support. In particular, I greatly judged, he has not been forthcoming. No evidence has welcome the Government’s ambition to secure more been provided to show that the planning process is housebuilding at this time when the output of new imposing costs or delays on private developers that homes is at its lowest level since the early 1920s, are not justified by the protection of the public despite a far higher population today that is living far interest. longer. This pathetic level of housebuilding is creating 75 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 76
[LORD BEST] Turning to points of detail in the Bill, perhaps I enormous strains on the lives of almost all those in could briefly put down some markers—positive and their 20s and 30s who wish to leave their parental home. negative—on matters that I hope we will debate when I strongly commend the robust stance of the Minister the Bill moves into Committee. First, there are concerns for Planning, Nick Boles. With backing from all parts throughout local government about the Government’s of the coalition Government, this Minister is prepared fall-back provisions to bypass those local planning to speak out for the generation which the rest of us authorities that are deemed to be failing in their duties. seem determined to condemn to paying huge proportions We will need to look at those measures with very great of their income in rents or, for those few who can care, as several other noble Lords have said. Secondly, raise large deposits in mortgage payments, to commuting there is the welcome measure to prevent abuses of the long distances to match a home that they can town and village green legislation. That will get my full afford with a job that they can secure, or to living in support, having experienced at first hand the frustrations, severely overcrowded conditions or even experiencing expense and delays of ridiculous applications for so-called homelessness. village greens; for example, for one of about 50 acres on the edge of York. Thirdly, I was pleased to see the The Bill seeks to ensure that inhibitions on housing measures for easing inhibitions on selling land at providers—housing associations and housebuilders—do below market value, which will be important. not perpetuate the huge shortfalls between the number of new households formed each year, which is around Fourthly, there are the proposals for modifying or 250,000, and the number of new homes built each removing the requirements for affordable housing, year, which is less than 125,000. It is essential to agreed between local planning authorities and address this vast gap between supply and demand that housebuilders. I am unable to help the Government on is accumulating year by year and creating a national that. These Section 106 agreements have been hugely housing deficit that will take even longer to eradicate valuable in achieving much needed rented and shared- than the nation’s financial deficit. ownership homes, almost always with ownership and I feel particularly warmly towards a Minister who is management being transferred to a housing association. prepared to take a stand on the need for more new They mean that so-called social housing is provided homes because I know that this is not a road to within mixed-tenure developments, not in segregated, electoral popularity. His robust stance is desperately separated ghettos just for those on the very lowest needed, but it always meets entrenched vocal opposition. incomes. The cost of those obligations on housebuilders I appreciated the way that Charles Moore, previously has been reflected in the price that those builders editor of the Daily Telegraph, summarised this recently negotiate with landowners, and communities have in the Spectator, with special reference to rural areas. benefited by obtaining more affordable homes without He said: the public subsidy that would otherwise be needed. “Only in Britain—only, actually, in England—do people believe they are doing country life a good turn by refusing to build Local planning authorities should not lightly give houses for the next generation to inhabit. It is a more powerful up the benefits that they have secured through those attack on rural culture and the rural poor than were the Highland extremely important Section 106 agreements. Of course, Clearances”. housebuilders would like to increase their profitability Almost no one votes for new housebuilding in their by being let off commitments that they have made. area, let alone for new roads or other infrastructure. Perhaps foolishly, they paid over the odds for sites, Over recent decades, I have had dealings with virtually speculating on further price rises that never happened. all the relevant Housing and Planning Ministers, including Now they want to be bailed out for the mistakes that the noble Lord, Lord Rooker, of course. They have they made. How galling would it be for more prudent usually been keen to see housing shortages reduced developers to see those who outbid them for sites but have been overwhelmed by opposition to development. being rewarded for their gamble by being let off the During Ministers’ tenure, which is seldom more than a obligations to which they had signed up? However, in couple of years, there is time to become unpopular by some cases prices have fallen significantly, as in Northern taking a pro-development line but not time enough to Ireland, although the Section 106 agreements do not see any meaningful results. The problem therefore apply there. passes to the next Minister and the accumulating housing deficit grows larger. It would be better for the wider community to forego the benefits of some affordable housing in I congratulate the Government and the leadership return for keeping some housebuilding going. Local of their Planning Minister on giving this problem a authorities have shown themselves willing to act flexibly high priority and on trying to ensure that the current in these cases and the LGA has provided lots of output of new homes is not exacerbated by bureaucratic examples of councils being sympathetic and sensible, barriers and defects in the planning system. Do I not that authorities should make such concessions too believe that easing planning delays or reducing readily. A number of major housebuilders have seen demands by planners will lead inexorably to a return much improved profits of late; indeed, house prices to housebuilding levels equivalent to the 1950s, 1960s, have risen in London and elsewhere. Developers may 1970s or 1980s, or even the 1930s? No, it will not be holding back on building on the sites with take more than a few tweaks to planning to make real planning consent—there are 440,000 homes on those progress, but I greatly welcome the Government’s new sites—for reasons related to Section 106 agreements. can-do, must-do approach to reducing the housing Rather, they are waiting for confidence to return to the deficit. market with, once again, buyers clamouring to buy. 77 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 78
Meanwhile, undeveloped sites remain valuable. They me, led by many colleagues on these Benches and by fortify balance sheets and convince shareholders of my noble friend Lord Adonis. However, I shall concentrate the housebuilder’s worth. Holding land—hoarding land, on one part of the Bill, the planning of major projects, as some would say—can be good business. The worst which comes under the “good but not enough”category. outcome from the Bill’s measure on easing planning In her opening remarks, the Minister said that the obligations for affordable housing would be to encourage intention of the Bill was to reduce the delays to major developers to sit on their hands and await an easing of projects, which I fully support. I declare an interest as requirements so that when market pressures are so chairman of the Rail Freight Group. That is a laudable extreme that they can sell everything they build easily, intention. The noble Lord, Lord Teverson, spoke profits will be magnified. Any deals must clearly involve enthusiastically about how the recent changes to the a requirement on the developer to get building planning system had helped a lot. I submit that cost, immediately. Obviously that part of the Bill can be time and delay for such projects are still very real only about the past—about deals done in better times— problems. They reflect rather badly compared with the and the signal should not go out that there will be any processes that appear to take place in some other reduction in the obligations on housebuilders to include member states, such as France, Germany and others, proper levels of affordable housing in all new developments which were summarised in a report by Infrastructure in future. UK a year or two ago as well as in the McNulty report Councils must not be sent into negotiations and on the railways. renegotiations of Section 106 agreements with their hands tied and with what is, I hope, a false expectation I start with the planning Acts, which established a hanging over them that the Government will support new regime for authorising nationally significant less affordable housing in the months and years ahead. infrastructure projects. That regime was intended to However, I note that the Planning Minister has already provide a unified and more efficient decision-making announced an important change; namely, to exclude process for the important projects that we are talking so-called exception sites in rural areas from this provision. about. I welcome that. Early experience has shown This amendment was raised by the housing expert and that things are going reasonably well but that more former Housing and Planning Minister, Nick Raynsford, improvements need to be made, particularly as regards in the other place and it bodes well that, despite an efficient and unified consents process and in moving political differences, the Government have taken this towards a sort of one-stop shop for developers. on board. Some amendments have been proposed to the Bill I hope that there will also be the opportunity in but I suggest that one or two more are necessary and Committee to consider other measures not yet in the desirable to further reduce all the things, such as Bill that could help to achieve the much needed increase delays, costs, uncertainty, that affect developers. The in housebuilding which so many of us desire; for one-stop shop idea is good but it has subsequently example, allowing a local authority to borrow prudentially been changed so that the final decision on projects is and raising the cap for borrowing for the housing taken by Ministers rather than the Infrastructure Planning revenue account to support development—no doubt Commission. This introduces yet another problem, in partnership with housing associations and housebuilders which is that of timing. The IPC, or the PINS project could stimulate a great deal of new construction, as which follows on from it, is supposed to take a maximum the noble Baroness, Lady Eaton, the noble Lord, Lord of one year, which is perfectly reasonable. However, Whitty, and others have advocated. In removing blockages there are two problems. I would also like to see the removal of the need for a The first is what happens pre-application and the local, potentially wrecking, referendum where a second is the time taken for a ministerial decision at neighbourhood plan has been agreed by the county the end. At the moment, the pre-application process council, the district council, the parish council, an seems to leave the applicant for a development consent independent assessor and more. order rather on his own. There have been one or two In Second Reading terms, I welcome the intentions examples recently of applications being rejected due of the Bill and applaud Ministers’ willingness to confront to the lack of involving the transport or planning the national housing deficit. Important improvements authorities, so there is an argument for saying that it to the Bill must emerge from our deliberations. Our might be useful if the Planning Inspectorate and the Minister, the noble Baroness, helped us to make so examining inspectors had more involvement in and many worthwhile changes to the Localism Bill and I control over programme management, in a case oversight am sure that we will be able to do the same this time. role, at the pre-application stage. I hope we could look at that further in Committee. 7.16 pm At the other end of the process is the time taken for Lord Berkeley: My Lords, listening to the many a ministerial decision. The best example of this is an excellent contributions to this Second Reading debate, intermodal logistics terminal site in beautiful Radlett I thought I would read again the Long Title of the in Hertfordshire, which is at an old airfield that the Bill. I see how it can cover a multitude of different developer applied to turn into a logistics centre. I subjects. If I were feeling a little wicked, I could think think he has been at it for 10 years and how many tens of an enormous number of amendments to table on of millions, or more, have been spent is not clear. It any conceivable subject that would probably be allowed went through two public inquiries and a judicial review; under this title. Of course, I shall not. Perhaps it can finally, before Christmas, the Minister made the decision be construed as a curate’s egg—some good and some to allow the project to go ahead. This is the problem bad. We have heard about many things that concern when things get political. 79 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 80
[LORD BERKELEY] congestion charge in London and perhaps in some Some five or six years ago the noble Lord, Lord other places. If each new road being built might have a McNally, said to me, “You are involved in rail freight. different system for tolling, we are going to look I live in Radlett and I do not really want this thing on extremely stupid within the next 10 years. I am told my doorstep”. I said, “Well, perhaps you would like to that the Chancellor of the Exchequer does not like the meet the developer, who might be able to persuade you idea of distance-based road tolling because it might that not every truck going into the terminal will knock affect him driving up the M1 by his having to pay the hanging baskets of Radlett as it goes past because more. I hope that that is not the real reason and that in there will be access from the motorway”. Radlett is a future stages of the Bill we can see whether a DCO politically difficult constituency because both the Tories really needs to specify what type of collection is used and the Lib Dems believe that they should represent it for a project, if it is to be tolled. in Parliament and neither want a nasty development in their backyard. Things have moved on since then. I 7.28 pm had thought that the Liberal Democrats were in favour of such developments, but apparently not in their Lord Taylor of Goss Moor: My Lords, I should first backyard. Anyway, two public inquiries and one JR later, declare my interests. I chair the National Housing the project is going ahead but at what cost? It is a Federation, the voice of housing associations in England. pretty bad example of how our planning system works, I also chair the strategic partnership of the private or does not work. sector with Cornwall Council and the Homes and Communities Agency charged with delivering eco- As other noble Lords have mentioned, we now have communities in the St Austell area. Further, I make the idea that the Planning Inspectorate should be the case for good planning and sustainable development given extra projects to look at; perhaps 10 or 15 more in various fora, not least to the previous Labour are in the pipeline. But apart from whether the people Government on their review of rural planning in in the inspectorate are the right ones to do this work, relation to housing and business, and more recently are they suddenly going to have the resources for it? If the current review of planning guidance for the they do not, there will be problems. This is something Government, which I also chair. we will need to reflect on during the later stages of the Bill. However, my real interest lies in meeting the needs of the people of this country, in particular families I have two other issues to mention briefly. The first and the next generation of people who need homes relates to Clauses 22 and 23, which would remove the that they can afford and that meet their needs in the special parliamentary procedure from certain types of places where they live and work. This means that I project. My concern is that the availability of such have a deep interest in great planning because I believe processes will be removed from railway and ports that it is through planning that we will deliver homes infrastructure. These both consist of pretty critical in ways that meet our environmental needs and infrastructure projects for the UK so there is a strong acknowledge the sensitivities of villages, market towns argument for saying that if there is a real problem and other communities which do not want to be requiring a special parliamentary process it should wrecked by poor development. That means that I am a still be allowed—although probably by reducing its strong believer in planning, not as rationing, a tick-box scope to only those issues that are relevant to the process of approval, or an endless argument over the concerns raised, rather than revisiting the entire planning next 50 houses, but as a way of raising our eyes to application. meeting the needs that we see coming over the next My final issue concerns something that is not in the one or two decades in far more imaginative ways than Bill, but which I hope will be if Ministers accept it that. later, and which has been brought to my attention by As we heard earlier, the origins of planning, such as Transport for London. TfL is trying to develop a new the garden city movement and the 1945 Act were not road tunnel under the Thames at Silvertown which is about rationing. I am not one of those who believe to have a road user charge attached to it. As part of that our planning system is not at fault; we have had a the development consent order requirements, TfL has system of rationing and not one of great design and discovered that it has to build toll booths and big toll place-making, by and large. That is why I strongly plazas. It is not allowed to bring in what might be welcomed the NPPF and, along with many other called automatic road-user charging because of the individuals and organisations, participated in trying detail that would be required in the DCO for the to get it right. I am delighted that right across the project. We could say, “Well, it’s one tunnel in east board, organisations that had in many cases expressed London, so what does it matter? Dartford tunnel used great concerns about earlier drafts of the NPPF,welcomed to have charges”, and so on. But apparently the the product that was delivered. I am talking about Government will introduce new toll roads soon. The those concerned about the environment, great planning, A14 has been talked about. The Birmingham northern development and the delivery of housing. I see the relief road has a toll on it and I believe that the NPPF as an essential compact between local communities operator, the Macquarie group, can charge what it and national policy. The national policy is clear: we likes for any type of traffic for the next 50 years or so. need to meet the needs that I have described and to do It would be useful if the Government could look at so in a way that is sustainable. It must unlock both the wider policy here. They are talking about road-user economic growth and the need for homes. The compact charging for trucks nationwide, but I think they are is that it then requires local communities both to going down the wrong road by introducing the charges assess that need locally and decide how to meet the on a time rather than a distance basis. We have the need locally. 81 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 82
It was sometimes misunderstood in the early days of sustainable development—kick in anyway. One has that localism was somehow about local authorities to ask whether this is really necessary, much as I doing whatever they wanted; if they did not want to understand the bit of flag waving that may lie behind it. have development, they did not have to have it. But However, I believe that Clause 5 is needed; it provides they have to meet the needs of their community, which that the information requested should be relevant and must be right. They assess it and are given the necessary to the decision. I feel very strongly about responsibility of delivering on it. We are at a crucial this. The planning guidance review I conducted meant stage in this process because many local authorities wading through 7,000 pages of an almost entirely have resisted the scale of development to meet their out-of-date, wildly contradictory and in many cases needs. It is always unpopular to deliver new homes to unnecessary layering of guidance within which were those who already have a home. A lot of people do not absolutely essential pieces of guidance. One of the key want development if they are okay, but increasingly things said by the group as a whole—which included even they are saying that their own children are being people working within the environment to those working priced out of a home. They see that the person serving on housebuilding—was that we need to help both them in the shop or working in the school cannot developers and councils with issues of proportionality. afford a home in their community. We have seen a There is concern in local authorities to ask for as much transformation of attitudes in many villages and we information as possible to ensure that their appraisals are starting to see that transformation in many market and assessments cannot be challenged at judicial review, towns, too. However, they still want a development but equally, large developers can layer on all sorts of that works, is well designed and does not ruin what is appraisals because they can afford to do so. They are there already. I believe that the NPPF describes that applying for supermarkets all over the country and extremely well. We have to see that now delivered in can defray their costs, knocking out the medium-sized the local plan-making process, but I am not yet convinced guys and the local builders who cannot afford to do that all local authorities have either understood their that. They ratchet up the requirement because if they responsibilities or seized the opportunities for great have done it for their supermarket proposal, or housing planning that is implicit in that policy. development, somebody else will do it for theirs. Talking about what is proportionate and reasonable is essential. My question is: does this Bill help to deliver those I am not certain that it needs to be in legislation; it things that I have just described at this crucial stage in could be in guidance, but I am prejudiced as I have just the NPPF process? There I have doubts in part. Let us done all that work on guidance, so I would think that. be blunt; I have been here for most of the debate and I Nevertheless, I think that that principle is right. do not think that anyone has yet said that this Bill was produced and cobbled together with all sorts of things We then come to Clause 6 on the modification of to fill a gap because Lords reform was not in front of Section 106. Time is running out, so I shall try to be us. There was a space in the agenda and things were quick. The first essential point is that we should not cobbled together, some of which are hugely useful—stuff see affordable housing as somehow the bit at the end that might not have happened otherwise, and I shall after we have done everything else. Why is affordable come on to that. Other things would frankly have been housing more arguable or negotiable than the transport, better kept in the box. They would have been had there density or all sorts of other requirements that may not been this big gap and a space, which I shall come have been put on the development, and now CIL too? to, as briefly and as quickly as I can. Affordable housing is not somehow the residual. If there is a residual, it should be the profit to the If Clause 1, referring to poorly performing councils, landowner who has benefited from the planning were so crucial we would have seen it before. The permission and the huge escalation of the value of the reason why it is not so crucial is because the powers land. Of course, we are talking about deals that have are already there. Undue delay gives the right of been done, and the first thing that should happen is appeal; bad decision-making can be called in, as can that the deal should be looked at by the developer. If it issues of national importance. The powers are broadly is an option, the option should be renegotiated. I there, so what is this about? It is clearly about a big accept that in some cases we need to look at this again, stick to wave around and threaten councils, saying, but it should be drawn more widely than simply Section “You have to get on with the tasks outlined in the 106 affordable housing. Unlike the private sector, housing NPPF”. Ministers, of course, are also saying, “It will associations do not hold land banks. Some of the hardly apply to anyone; in fact, we hope that it won’t demands for affordable housing were excessive and apply to anyone at all”. So, it is just a bit of flag unrealistic, but if we surrender it in a blanket way we waving, if we believe that; or it is a complete reversal do not have a way of making it up. of the process of localism that the Government have I have two suggestions. The Government announced, set out, which I supported, in the NPPF. at the same time as this, some hundreds of millions of pounds to make up the shortfall in the housing that is If this is about timeliness, it is simply unnecessary. lost. Why is that not the first stage rather than the If it is about bad decisions, I am not convinced that option of appeal and trying to get out of the obligation? nationalising it is the way to go. I believe that there Why is the HCA not the first port of call for a may need to be special measures with some councils of discussion on whether it should use some of the hundreds all sorts, but one of the biggest special measures is the of millions of pounds to help the developer unlock the process of adopting a local plan. They have to persuade site and deliver the affordable housing he agreed to in people that that local plan is right and if they do not, the first place, not least because that is what the the principles of the NPPF—the presumption in favour community was told it was getting? The land may have 83 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 84
[LORD TAYLOR OF GOSS MOOR] campaign to build cheap housing—the so-called prefabs been released specifically because there would be affordable —many of which still exist. There was also a restriction housing. We should start with the HCA which can on the level of rents, with rent tribunals to which recourse assess viability. It would be better at assessing viability could be made if there was overcharging. Rents were in PINs as the HCA negotiates on sites all the time. thus kept within the range of affordability for ordinary Only then should there be the right of appeal if the wage earners. Without those policies, many would developer is not happy, but they should lose any offer have been rendered homeless—in fact, most were not. that the HCA may have made for money. Youcan have The Bill before the House does not tackle the the money to deliver your affordable housing, if you problems of the housing market; nor does it give a have persuaded us of it, but if you appeal you will lose necessary boost to the construction industry. Indeed, the offer. That way, we will not have the hold-up that is other government legislation under consideration by likely to occur with appeals happening all over the the House—the Enterprise and Regulatory Reform country. Bill—actually has a clause undermining health and The village green change is important, but I made a safety at work law, which would make inherently recommendation on this in the Taylor review in 2008 dangerous work even more dangerous for the workers and have to ask whether it would be better to have a involved in construction. simple weeding out at the first stage when village green Unfortunately, the Bill now before us follows what applications are made as to whether they have a reasonable has become a normal course with this Government: case before going through the whole process, rather employment rights of any kind are viewed as something than the trigger of an application. My worry about the to be undermined or removed. Hence, businesses are trigger is that many communities will only realise at to be allowed to buy the rights of workers, to slash the point of an application that their community land, them: “Beecroft by the back door”, as my noble friend which they have accessed for years, is under threat. Lord Adonis has already said from the Front Bench. I However, worse than that, this policy may trigger a absolutely agree with him. However, it will not work. whole lot of village green applications to go in, on the The Government seem to hope that unions will disappear, possibility that there might later be an application for but they will not. A sensible approach would be to development on the site, in which case PINs and the realise that economic recovery needs the support of Government will be entirely bogged down in the process workers and their unions. Removing hard-fought-for that they have just invented in a counterproductive rights will not achieve this. way. I have many other things I could say on this Moreover, any plans for growth must include a plan subject but I will stop there. to rebalance our economy by a government campaign to boost manufacturing industry. Many areas have a 7.40 pm great deal of unemployment because the factories and Baroness Turner of Camden: My Lords, of course I workshops that once provided employment, often for support steps in favour of growth and the employment skilled workers, no longer exist. The report of the that it should bring. But does this Bill cope with our noble Lord, Lord Heseltine, made reference to this. current economic malaise? I do not think so. The first He, too, is in favour of a more balanced economy. My part of the Bill, as we know, gives the Minister the union, Unite, has been involved in the development of power to remove from local planning authorities the the Automotive Council, which has worked with ability to decide planning operations. Why is that? employers to promote the motor industry, the supply Planning applications will thus bypass local communities. chain, and the training and skills of the workforce. As At present, local communities are involved. In my a result, the industry is doing relatively well. area, there is local consultation; I am involved in such There are issues that must be dealt with if growth is a consultation at the moment. We believe that this to become a reality rather than simply rhetoric uttered should continue. The Government claim to be in favour by government Ministers. It involves co-operation with of localism, so why interfere with local arrangements the workers and their unions, rather than attempts to that already exist via elected local authorities? In the remove hard-won employment rights as proposed in countryside, as we know, this could well involve threats the Bill before us today. to the local environment. There is no indication that these arrangements will 7.45 pm improve the availability of social housing. In London and the south-east, there is a crisis of affordable Lord True: My Lords, I declare an interest as leader housing and the Bill does little about that. In fact, the of a London borough council which is also a planning section on affordable housing is so complicated that it authority. I will not follow the noble Baroness opposite is likely to make the provision much more difficult. on Clause 27, but will say that I hope my Front Bench The right to buy council housing was fine for some, listened to the brilliant and humane speech made on but nothing was done to replace the affordable housing this subject by my noble friend Lady Wheatcroft. I that became privatised as a result. House prices are so share the objectives set out in the title of the Bill, high that they have put mortgages out of the reach of although perhaps the PR people might wish that the many young people and private renting is also quite title had been preserved for something that goes a little desperately expensive. There was of course a housing further towards the great leap forward than the contents crisis in the years following the Second World War, of this Bill. because of the bombing, and it is interesting to recall From the start, we heard eloquent speeches from how subsequent Governments, both Labour and the noble Lords, Lord Adonis and Lord Tope, about Conservative, dealt with it at the time. There was a their fears that centralism was creeping back. It is 85 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 86 impossible to deny that that feeling has been very strong central government of a potential stick with which to in this House throughout the debate and I share it. hit the worst-performing authorities, whoever they However, I will confine my comments to certain of the are—we will hear that shortly, I understand. We are planning aspects of the Bill and will not go over the told that its use will be limited. In fact, the unelected whole ground, because I recently troubled your Lordships Planning Inspectorate could be absolutely overwhelmed with some detailed comments on the ideas put forward, by this legislation if a future Government took Clause 1 rather suddenly, lately by Mr Boles. Some of those powers to their potential end. As it legislates, the ideas are in the Bill but others, such as those relating House should understand that while this Government to the protection of our suburban environment and may intend to restrict the use of this, a future Government permitted development in back gardens, are not currently could extend it by waving an unamendable wand in included in the Bill and are intended to be the subject secondary legislation. I am also interested in the point of secondary legislation. However, they are clearly in raised by my noble friend Lady Eaton and the noble the scope of the Bill, given the long title relating to the Lord, Lord Smith, about how a planning authority carrying out of development and the Government’s will be able to get out and be disgorged from this own provisions on reforming PDOs in Clause 4. position. I have not lost hope of persuading the Government I welcome the provisions on disposal of land, which to drop this—in my view—foolish plan, which is wholly are a great step forward. The small provision on irrelevant to growth, to extend rights to building in stopping-up orders is very welcome. I disagree with back gardens without the need for planning consent. I some of those who have opposed the question of do not understand why my Government want to set acting on village green applications. I very much welcome neighbour against neighbour in this way or side with the Government’s action here. Some have expressed those who do not wish to play according to the rules. concern about precisely how this would operate, and Removing such local controls, as is being proposed, we can look at that in Committee. Certainly, no one and then saying you will let them be reintroduced in a wishes to weaken village green protection but there far more costly and cumbersome way by use of Article 4, have quite clearly been abuses of such powers by seems a very bizarre way to proceed. It smacks rather campaigners against development in some places and of the old ways of the 17th century, when the Government the Bill points towards finding the right balance. passed legislation but the Crown said that certain I also understand the Government’s wish, expressed people did not need to adhere to it. If there is no sense in Clause 5, to avoid unnecessary bureaucracy in in it, I hope my noble friend will agree it should be relation to requests for information. That is a perfectly dropped or at least consider methods to allow local reasonable aspiration. However, good decisions require authorities to opt in to any changes the Government good evidence and accurate information. As has recently may propose and so leave the decision as a local one. If been said, many of us thought that this had been I cannot, in the course of the Bill, persuade the addressed in the NPPF; paragraph 193 was quoted Government to change their mind on this, I must give and is very clear on this subject. My fear is that, notice that at a later stage I will consider laying my perversely, this clause may lead to more confusion own amendment to enable your Lordships to express a and, worse than that, recourse to the courts as the view on whether unrestricted development in back emerging definition is tested through review. If that gardens of this kind should be allowed. “Unrestricted” happens, it will be precisely at the time when we want is not quite the correct word—“greatly derestricted”, the Bill to work in order to encourage growth, and perhaps. there is a risk that we may encourage more legislative Consultation on these proposals closed on 24 December action. —always a suspicious date, in my mind, for consultations While I agree that bureaucracy should be avoided, to end. Can my noble friend, in responding, say when what I miss in this Bill is a recognition that much of the Government’s response will be published? Ideally, the delay in the development process comes not from this should be before Committee stage, but certainly in local authorities but from others in the planning process, good time before Report, to enable proper consideration as the noble Baroness, Lady Valentine, said. For example, of this outside the very restricted and unamendable I could cite the cumbersome process of judicial review, procedures of secondary legislation. on which I greatly welcome the current consultation On permitted development, I am grateful to my launched by my right honourable friend Mr Grayling, noble friend for indications she has given in relation to and indeed the often time-consuming requests and points that I and other local authority leaders have slow responses from statutory undertakings. Try getting made about the freer change of use from employment information from the lower ranks of some of our to residential, especially in parts of London and other statutory undertakings in relation to implementation cities, where there is limited employment and commercial of conditions, or indeed whether they wish to exercise space and the scope for creating it is restricted. So I rights as statutory consultees. There are many other also ask my noble friend to indicate whether, before we sources of delay in the process, and if this clause is to reach Clause 4, she will say how the Government stay, perhaps the Bill can be amended at a later stage intend to address this concern, for which they have to address some of those other issues, rather than just expressed sympathy. I would welcome a chance to bashing planning officers. discuss that with her in her usual open manner. On the subject of statutory undertakings, like others, Like many others who have spoken, I am not a I do not support the sweeping provisions in Clause 8 great enthusiast for Clause 1. It certainly is a setback on broadband boxes. Of course we need good for localism. Like others, I can see the attractions to infrastructure. Local authorities are actually friends, 87 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 88
[LORD TRUE] their own, and could even cover those that have been not enemies, of this. But do the Government understand specifically praised by this Government for their initiative. how unpopular many activities of statutory undertakings My response to how one interprets “failing to discharge are, how unaccountable, and the great cost to the their responsibilities” is that the council may actually economy that arises from their frequent wilful refusal be giving priority to the views of these local people to negotiate and poorly co-ordinated action between rather than developers. I am not reassured that officials them? Removing totally the need to negotiate reasonable at the DCLG would be, sites with representatives of local communities will “putting an arm round those authorities that are beginning to get lead to wholly capricious, absurd and illogical outcomes into the danger zone”.—[Official Report, Commons, 17/12/12; —as I have shown my noble friend’s honourable friend col. 606.] the Minister in photographs—such as pavements As we all know, there are different ways of “putting an obstructed to the disabled or boxes placed in front of arm round”. At worst, it will be a stranglehold; at listed facades and free-standing on greens when they best, a patronising reminder that the Government could quite easily have been placed nearby. know best. If this clause is not to be omitted, it would benefit How sure can we be that the Planning Inspectorate from amendment to impose on the undertakings a will be sufficiently funded to take on the significant reasonable duty to consult local and other competent increase in workload, even if it was the right thing to authorities in conservation areas, parks and other do? My view is that this power in Clause 1 would places of outstanding beauty. Quite frankly, most of undermine all local authorities, not just the “very these issues could be sorted out in a day or two by two few”, and would create delays and uncertainties as competent project managers, one from the regulatory applicants find new and ingenious ways of avoiding authority and one from the undertaking, rather than their local responsibilities. what I fear we have: well paid directors going off to Clause 6 is an attack on affordable housing the Treasury to mutter in the ears of officials and be requirements set out in Section 106 agreements. Where rewarded with a free hand. is the evidence that this requirement alone is holding To conclude, it is important that this Bill receives up planning applications? In the short term, this proposal close examination in Committee. I have no doubt that will delay applications that are already in the pipeline it will. I hope I will be proved wrong that it seems as developers hold out for higher profit margins. I based on a false prejudice that local authorities are an have said before that we need a proper debate about obstacle to growth rather than, as I believe, that the housing provision in this country. The terminology planning system is a method to secure orderly public can be confusing: affordable housing, market value consent to the kind of growth that we all wish to see. housing, council housing—even the Prime Minister managed to confuse affordable housing and council housing. 7.55 pm We have a serious situation in that there is insufficient Baroness Donaghy: My Lords, I will start on a money to lend for both mortgages and housing positive note. I believe that local authorities should be development, but this is not the first time that this has empowered to assist economic growth and should be happened and it will not be the last. In a sense, it allowed to borrow more money to build houses. They masks the real problem of houses and jobs needing to should have powers to deal with the 700,000 existing be in the same place. The previous Labour Government homes in England that are empty. They should also be had a regional strategy. It may not have been 100% able to work with a Government who are fully committed successful in every area, but at least it grasped the to localism. Unfortunately, there is very little in this connection between economic development, jobs and Bill that will achieve these objectives. In fact, most of housing. This Bill is dressed up as a plan for growth, the proposals will reverse the previous commitment to but it is actually allowing 100 developers to blossom. I localism. am not accusing the Minister of being a Maoist, In Clause 1, the Government want to give themselves incidentally, but her colleague in the House of Commons plenipotentiary powers to overturn local authority gave the game away when he said that he wanted local decisions. Clause 1 creates an imagined obstacle to authorities to do, growth, in the form of planning delays, as the noble “whatever it takes, pragmatically and practically, to ensure that Lord, Lord True, has just said, and proceeds to focus homes are built”.—[Official Report, Commons, 17/12/12; col. 625.] on tackling that. The truth is, as has already been said, To be fair, he also said that he wanted, that there is a building backlog of 400,000 new homes “mixed communities to remain a key theme; we do not want gated with planning permission but yet to be built by developers. communities”.—[Official Report, Commons, 17/12/12; col. 625.] Approval for residential and commercial applications, That is fair enough, but undermining Section 106 as the Minister herself has said, are at a record 10-year agreements is more likely to see those gates going up. high: 87% of applications were approved in 2011-12. The Minister wants local authorities to take responsibility In a reversal of the emphasis given in the Localism instead of, Act, the Secretary of State has indicated that it is the “fetishing an agreement which sets out a vague target”.—[Official job of the Government, Report, Commons, 17/12/12; col. 625.] “to identify where some—very few—local planning authorities I try not to be diverted by the trend to use nouns as are failing to discharge their responsibilities to local people”.—[Official verbs, but as a fully paid-up English language pedant, Report, Commons, 17/12/12; col. 605.] I had to check out the word. As a noun, the word The definition of failing could catch many local authorities, “fetish” is described as, which could appear on the list through no fault of “an object regarded with superstitious trust or reverence”. 89 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 90
There is another alternative, which is, an indication of what safeguards there will be to “an object believed among a primitive people to have a magical ensure that the scheme is voluntary? Will jobseekers power”. who choose not to take up such an offer be penalised I will not mention the one about bodily parts, but my in any way? The Minister’s response at Third Reading point is that the Minister has painted a picture of a was less than reassuring. Will the noble Baroness give “very few pig-headed local authorities”—presumably an assurance that this is not just a tax avoidance scam? these are the primitive people—not acting in the interest Will she assure the House that the Exchequer will of their own people. Why not name them? Why not make money, not lose money, on this venture? embarrass those very few pig-headed local authorities? In conclusion, I look forward to Committee stage, Where is the evidence that this clause is necessary? when we will have the opportunity to examine these centralising proposals in more detail. The Government have promised to deliver homes for first-time buyers and young families. In reality, they have increased the threshold for what can be 8.05 pm called affordable rents to up to 80% of market rates Lord Burnett: My Lords, I draw the attention of and are now attempting to weaken the obligations on noble Lords and others to my entries in the Register of developers to build such housing. House prices are Lords’ Interests. We are all only too well aware of the rising at three times the rate of wages. Now is really crisis precipitated by years of failure to build sufficient not the time to weaken the obligations that ensure that houses to meet the huge and growing demand. Housing developers build affordable homes, not just homes for starts slumped again in 2007 at the start of the recession. the wealthy. Noble Lords are well aware that household growth in Clause 24 postpones the business rate revaluation England increases by approximately 240,000 per year, from 1 April 2015 to 1 April 2017. It must always be whereas fewer than 100,000 houses are being built. tempting for any Government to avoid taking potentially These problems date back many decades and there is sensitive decisions which coincide with a general election. now a massive accumulation of demand that has led However, the postponement date will fall during council to terrible stress for individuals and families. There is and other elections in 2017. Will that be another an estimated shortage of 2 million homes. excuse not to bite the bullet? If this is a genuine The first major problem to be overcome is finance. I attempt, as my noble friend Lord Whitty said, to give am delighted that the Government are taking steps to time to discuss how business rates are set arising from ensure that there are competitive and reasonable sources the provisions of the Local Government Finance Act, of finance for house purchase, especially for first-time will the Minister give an assurance that local councils buyers. I hope that this year mortgages will be easier as well as businesses will be fully consulted? Will to obtain with competitive rates and not such stringent the Government publish their full reasons for the deposit requirements, especially—again—for first-time postponement and have they taken fully into consideration buyers and young families. The main headline on the the impact on retailers, pubs and manufacturers? Have front page of yesterday’s Financial Times was, the Government considered the unintended consequences “‘Massive Softening’ of Basel bank rules”. of this postponement and the continuing injustices in It was reported that, the system—for instance, the level of assessment of “global liquidity standards would be less onerous than expected out-of-town superstores, which is considered to be and not be fully enforced until 2019, four years later than expected”. very low; the instability created where property values This is encouraging. I also welcome the Government’s have fallen substantially; the increase in cases of evasion proposed new funding for affordable homes. and the increase in home-based business—all of which will have a perverse impact on local authority income? If the financial problems are beginning to be resolved, Some evidence that these issues have been fully explored this leaves the difficulties that successive Governments would be welcome. have faced in dealing with the planning system. There are signs from the front line that local planning authorities Finally, I do not intend to say much about Clause 25 are responding more optimistically and more positively on shares for rights. I think John Cridland, the Director to the dreadful shortage of housing. Local councillors General of the CBI, had it about right when he said, are elected on a local, not a national mandate. It is “I think this is a niche idea”—not a nice idea—“and very difficult for local planning authorities and councillors not relevant to all businesses”. I suspect that this niche to respond to what are not only local but also national is so small that you could grow a particularly rare pressures. This is true especially in areas where the variety of lichen in it. I do not know how the Government demand is particularly great, including London, the reconcile their proposal to require longer notice periods south-east, East Anglia and what I call the near and for return from maternity or adoption leave with the far south-west. The National Planning Policy Framework fact that they will retain anti-discriminatory employment is assisting, and there has been some further impetus rights. The Employee Ownership Association believes with the relaxation of planning rules for change of use that employee ownership can be promoted without from commercial to residential. requiring a dilution of rights. I will not repeat what my In rural areas, planning policy should also, in noble friend Lord Adonis said about the Institute for appropriate circumstances, allow for conversion of Fiscal Studies. redundant agricultural and other buildings—I am talking The consultation has been shambolic and the costings about more modern buildings and what could be are a joke. I do not know whether this is a totem called rural brownfield sites—to residential use. Rural proposal to distract attention from other clauses in the areas need houses, especially affordable ones. At present, Bill, but just in case it is not, will the Minister give us an individual has to be wealthy to buy a house in much 91 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 92
[LORD BURNETT] in this country, the sale of their premises, with or of rural England. I remind the House that wages for without planning permission for development, will be many in the rural areas of England are very low. the basis of their pension. The self-employed do not Nevertheless, although there are signs of a more speedy have the benefit of, for example, generous public sector and realistic response from planners, as my noble pensions or the pensions that are available to those friend said when she opened this debate, there is still who work for large corporations. I hope that the much to be done. We have a plan-led system. That is Minister will make the foregoing clear to planning understood by professionals in the field. It should authorities when they consider Section 106 agreements work well. Local plans should be produced expeditiously and the burdens to be imposed on developments. and time limits for consultation should be adhered to. Further, I hope she will exhort local planning authorities One matter that must be given more attention is to have a simple, straightforward measure of viability housing need. It appears that with the demise of the for development that is easily understood and regional spatial strategy each local authority will face implemented. For example, a small site of fewer than the task of assessing housing need for its individual 15 houses should not, in these difficult economic area. There must be a clear, intelligible and compelling times, have to bear substantial planning burdens. basis for assessing that need. The underlying basis and There is not sufficient time to deal in detail with the calculation should and must be made publicly available, community infrastructure levy, which could be yet a and should accord with publicly available national third-tier tax on house construction. I believe some guidelines. In sensitive areas, there is always pressure local authorities have already introduced a community on local councils and planning authorities to reduce infrastructure levy and I know that the Government the need figures. The measure of need must be robust have set up a committee to review that levy. I remind and ensure that local authorities do not buckle under the House of a previous episode in the chequered pressure and reduce the housing need for their areas. history of the taxation of development in this country. The robust measure of need, combined with a five-year In approximately 1976, the then Government introduced supply and other rules, should ensure that we start to the development land tax. At the cost of millions, a meet the massive pent-up demand for housing that, as new tax office was set up in Middlesbrough, forms I said, has built up over decades. were produced and, if my memory serves me right, the If planning authorities are to assess the need for rate of that development land tax was about 80%. housing in their areas, they must carry out that assessment That led to the absurd situation that, with capital openly, robustly and—as I have said before—within gains tax or income tax for traders, the rate of tax was national guidelines. If a planning inspector at the core sometimes in excess of 100%. This led to a complete strategy consideration stage is not satisfied with the drying up of the supply of land. Attempts like this level of housing, he or she should not find the local serve only to make housing more and more scarce and plans sound. I hope that my noble friend will let me enrich further those lucky enough to be able to afford have some assurances on this matter when she winds to own a house. up at the end of the debate. A sound local plan I welcome the Government’s proposals in relation produced swiftly, with objective, robust housing need to town and village greens. I hope my noble friend will numbers and a formula that can be tested by potential give consideration also to the inclusion in the legislation applicants, is essential. of a clear right of appeal or challenge to a registration In the past the Secretary of State in the other place of a town or village green under the 2006 Act. The referred to “muscular localism”. I take it that that right of appeal should be designed to catch future and means, among other things, that local planning authorities some past registrations. The registration authority— should not be able to deny need and, if they do not invariably the local authority—often appoints an expert have a five-year supply and cannot point to other to advise the registration authority, which is both more suitable sites, applications should in the main be judge and jury in the matter. It is contrary to the rules granted. I am aware of analysis made by the Centre of natural justice to deny an appeal. I hope that the for Economics and Business Research that suggests Government will consider introducing a mechanism that housebuilding, which sank to 95,000 units in for reviewing town and village greens registered under 2010, could be boosted to 300,000 units annually by the Commons Act 2006 and over land already allocated 2015. This would add some 201,000 extra permanent for development or subject to an existing planning jobs in construction, and contribute £75 billion to application. There is rightly a democratic process for GDP, or 5 percentage points to growth. Furthermore, formulating a local development plan, and if land has it is estimated that this would reduce rents by nearly been allocated for development for a particular purpose, 11%. Housing would then become more affordable that process should not be overturned and changed by and the financial pressures on the working-age population means of a town and village green application lodged would be substantially reduced. at a late stage. I welcome the measures in the Bill to deal with Finally on this matter, the Bill provides that an existing planning consents that are now economic. application should be stayed when land is allocated for Some local authorities are already more realistic. I development or when a valid planning application has would hope that local authorities are being made been made in relation to the land. The stay would aware that landowners already pay either capital gains cease if the land were removed from allocation or if an tax or income tax on the proceeds of the sale of land existing planning application were withdrawn or refused. for development. Furthermore, for many proprietors I hope my noble friend will give consideration to the of small and medium-sized owner-managed businesses stay becoming effective once the consultation draft of 93 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 94 the local development plan is first published. This would why the Rookery South order would not have been effectively make the process subject to the more democratic subject to SPP had these proposed repeals been made processes that apply to emerging local plans. earlier. Planning is a complex subject, and good intentions Clause 23 in this Bill applies to all orders—not just can often thwart and deny the possibility for many to development consent orders—that remain subject to find a reasonable house to buy or rent at a reasonable SPP. So it will apply not only to nationally significant price. We need to balance the protection of the countryside infrastructure projects but also, for example, to road with the legitimate need for housing of millions of our schemes where public open space land is acquired fellow citizens. compulsorily using the 1981 Act procedures. When a compulsory purchase order or a development 8.18 pm consent order provides for the compulsory acquisition Lord Faulkner of Worcester: My Lords, I am pleased of special land, the current position is that if certain to follow the noble Lord, Lord Burnett, on one particular conditions are met, the order is referred to special theme: the question of democratic accountability and parliamentary procedure. Clause 23 will change that the role of Parliament. I will speak briefly about to the extent that in the case of a CPO of local Clauses 22 and 23, which deal with special parliamentary authority, statutory undertaker or National Trust land, procedure. I believe that I am right in saying that only SPP will be triggered only if the owner objects to the the Minister in her introductory speech referred to acquisition of the land. As the law stands, SPP could these clauses in the debate this afternoon. I do so as be triggered if the owner objected to the order even if one of three of your Lordships’ representatives who they did not object to the acquisition of the land. have served from last October, meeting virtually every The powers of Parliament, however, once the SPP Wednesday, on the Rookery South Joint Committee, process is under way, will change as a result of this with three Members from another place. We have Bill. The owner—or anyone else with sufficient interest— considered petitions against an application from a would still be able to petition against a CPO or DCO company called Covanta to build a resource recovery that was made subject to SPP and which authorised facility—a waste disposal incinerator and power station the acquisition of special land, but the scope of such a generating electricity from burning refuse—in a former petition would be limited to that part of the order brickyard pit in Bedfordshire. Although we have one which authorised the compulsory acquisition of the further meeting scheduled, on 16 January, the conclusions land. As the law stands, a petition could be made of the committee have been made known to all the against the whole order or any part of it. parties, and I am therefore not breaching any confidences The powers of the Joint Committee which would in speaking today about our deliberations. consider the order if there were petitions will be similarly My starting point is that if this Bill is enacted as it limited. The committee could decide that the order be stands, there will be no more Joint Committees operating amended so as to remove or amend the power to in the way that we have done on Rookery South, and acquire the special land, but it could go no further. At as a result there will be significantly less parliamentary present, the committee could decide that the whole scrutiny in future. order should not proceed, or could amend parts of the SPP—special parliamentary procedure—was order unrelated to the acquisition of the inalienable introduced by the Statutory Orders (Special Procedure) land. Similarly, the powers of each House to annul the Act 1945. It is an additional procedure that must be order by resolution will change. Instead of being able followed when compulsory purchase is authorised under to resolve to annul the whole order, the Houses will be various enactments. It is triggered when what is called able only to resolve to annul that part of the order special land—local authority, statutory undertaker, which authorises the acquisition of the special land. commons and open spaces, and National Trust inalienable I apologise to your Lordships. This is a complicated land—is acquired and the landowner objects. point. I can see some noble Lords nodding, so I think SPP is not triggered very often, and in the majority they are following this. Had those changes already of cases when it is, the orders are unopposed in been made, it could have made a considerable difference Parliament. Since 1990, only three SPP orders, of to how the Rookery South order deliberations were which Rookery South is one, have been opposed and conducted. I say “could have”, because the Joint have had to be dealt with by a Joint Committee. Since Committee by majority vote decided that the promoters 2000, 10 other SPP orders have gone through without had no case to answer on the main petition lodged by opposition. the local authorities. The noble Lord, Lord Geddes, The 2008 Act set out a new procedure for authorising and I both took the view that they had a case to nationally significant infrastructure projects. This is answer. We both felt that it was necessary for the need achieved by the making of development consent orders for the new resource recovery facility to be proven, by the Secretary of State, following examination of given convincing evidence that there was already sufficient the order by an inspector. These can include powers of capacity to deal with waste at existing plants within compulsory acquisitions, and, like CPOs under the the stated catchment area. 1981 Act, are subject to SPP if they allow the acquisition The committee was told that the new facility would of special land. generate more than 1,100 heavy lorry movements per Clause 22 of this Bill repeals Sections 128 and 129 day, despite the fact that it is to be located adjacent to of the 2008 Act. Subsection (1) will ensure that SPP the Bedford to Bletchley railway line, and a feasibility will no longer apply in the case of the acquisition of study had demonstrated that a private rail siding local authority and statutory undertakers’ land. That is could be constructed to bring in the waste by rail. 95 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 96
[LORD FAULKNER OF WORCESTER] to focus geographically on a locality. Mostly, it is too Members of the committee saw the location for the far away anyway, which is why local authorities and rail access when we spent a day visiting the site and the local enterprise partnerships have such a crucial leadership surrounding area on 28 November. Unfortunately, as I role, as my noble friend Lord Heseltine has so emphatically said, the noble Lord, Lord Geddes, and I were not able shown. to convince a majority of our fellow members of the The main aim of city deals is to promote growth. Joint Committee that issues needed to be considered. Growth outside London and the south-east is too low It is important that these matters should be subject to and too slow compared to elsewhere in Europe. I parliamentary scrutiny. In future, if Clause 23 remains welcome discussion of any sustainable initiatives that in the Bill, that opportunity will be lost. may help to drive growth; so, in theory, I welcome the I would be grateful, therefore, if the Minister could Bill. The title at least represents a statement of intent. advise me whether petitioners will still be able to raise However, whatever a Bill is about, the legislation proposed issues which are not directly related to the acquisition needs always to reflect a clear understanding of the of the land but are to do with the public interest. It has problems that need to be resolved. As we progress always been a central tenet of compulsory acquisition through Committee, I hope that we will examine the law that the applicant for the powers must demonstrate changes proposed in the Bill in that light: do the that there is a compelling case in the public interest for solutions proposed solve a defined and recognised the land to be acquired compulsorily. Those words are problem? contained in Section 122(3) of the Planning Act. In order for petitioners to demonstrate that there is no I hope that we will examine a number of areas compelling case in the public interest, they should be closely. For example, is the planning system a barrier able to bring evidence to bear about the benefits of the to growth? I have listened to all sides of the argument proposals as a whole, compared with the injury that over recent months, and I have concluded that, in the they will suffer when losing their land. main, the planning system is well run by most local authorities. In some cases, there may be a tendency to I also hope that the Minister will be able to answer delay or to adopt an overzealous bureaucratic outlook, the points made by the Open Spaces Society, which is where the development control process has become a particularly concerned about Clause 22. It points out means of prevention; but, in the main, councils understand that the clause provides that, where an open space is that growth drives jobs and that more new homes are threatened with a DCO and compulsory purchase and needed. Those councils want to rise to the challenge. there is no suitable exchange land, or the exchange land is deemed too expensive, the Secretary of State There are 400,000 new homes not yet built, which for Communities and Local Government may himself have planning approval. Seven out of eight applications decide that the DCO need not be subject to SPP. As were approved by councils for residential and commercial the Open Spaces Society states in its submission, development in the last full year of 2011 to 2012. The Parliament will no longer have the final say; its power case that new central powers are needed has not been is relinquished to the Executive. made. The problem for developers is primarily one of finance, not planning. There has been a proposal that Open space is any land, an 18-month period should elapse between a poorly “used for the purposes of public recreation”. performing council being identified and central Therefore, according to the Open Spaces Society, the intervention taking place. There seems to be merit in provision potentially puts at risk all open spaces enjoyed this and I hope that we can look at it more closely in by the public, formally and informally. They include due course. Peer support from another council is the many acres of land registered as access land under better than central control. It can be done very quickly, the Countryside and Rights of Way Act 2000. certainly within that 18-month period. However, we Special parliamentary procedure is rarely invoked, have to build more homes for all the reasons that have so why do away with it? It is there as the final safeguard been identified in this debate. As we examine the Bill when people’s rights over open space are threatened, in Committee I hope that we shall keep this objective and when wider consideration needs to be given to of building more houses in mind. major planning projects. I hope that the Minister will On Clause 5, I am unconvinced that any change to be able to provide good reasons why this change is the National Planning Policy Framework is needed. It needed. I am sure that we will return to this issue in seems to have defined the information requirements of Committee. a local authority perfectly well. Its information requirements should be relevant, necessary and material. 8.26 pm Adding to the Bill that they should be “reasonable” Lord Shipley: My Lords, I declare my interest as a strikes me as unnecessary, since being relevant, necessary vice-president of the Local Government Association. and material seem to be reasonable requirements already. The Government have been pursuing a strongly Indeed, adding “reasonable” may create greater devolutionist agenda in England. The Localism Act uncertainty and potential for delays. established a range of devolved powers and provided a A number of people argue that it is possible that structure for enhanced borrowing powers to drive Clause 6, which relates to Section 106 agreements, is growth. City deals are passing powers from Whitehall not needed, because councils can renegotiate and are to localities, a trend which will continue, with submissions already doing so. Most that are doing so seem to be for the second wave due shortly.Whitehall may sometimes accepting a reduction of around a third in the amount know best, but it does not automatically do so. Because of affordable housing. The problem may be solving it is organised in departments, it is very difficult for it itself. It should be seen as temporary, given the 97 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 98 introduction of the NPPF, and it should therefore be I can see that for a small business starting up in a time-limited. I hope that in Committee we can discuss fast-growing sector, equity as an incentive and reduced with the Minister relevant amendments to make Clause 6 risk to its capital from employment tribunals could be time-limited. This is partly because I have two concerns attractive but, surely, in only a very limited number of in relation to this clause. First, how do the public cases. What is much more likely is that offers to know that a change to a Section 106 agreement is the potential new members of staff of employee shareholder right thing to do? Making public the figures on which status will reduce the willingness of good people to decisions are based seems to be important and there apply for such posts, with most existing companies should be a common formula that is followed in proving unwilling to use it. I hope that in Committee different parts of the country to ascertain viability. we will have the opportunity to examine these proposals Secondly, councils need to be able to share in any rise in much greater depth. in prices once a new agreement has been signed—in In her introductory speech, the Minister emphasised other words, to have secure clawback to compensate that the Bill was about deregulation and removing for the affordable housing that was not built, if and barriers, particularly in the planning system. The trouble when values rise. I understand that guidance is going is that most of the barriers to growth are actually to be issued on this point, but I wonder whether it will financial, not regulatory.I hope that, as the Bill progresses be sufficient. through Committee, we will approve clauses and Clause 8 relates to communications equipment. I amendments to it on the basis of established facts and have not understood why it is deemed appropriate for the primacy of localism over centralism. six-foot high junction boxes and overhead poles to be put in place without prior approval or conditions. 8.36 pm Junction boxes are big. I hope that as a minimum there will be assurances that this will not happen in Lord Hunt of Chesterton: My Lords, in speaking conservation areas, or in historic places, or in areas of about this centralising Bill, I suppose that my qualification natural beauty. Local people have a right to know is that when I was leader of the Labour Party on about proposals, to object and to propose alternatives. Cambridge City Council and I was in Moscow in Denying them that right is hardly localist. 1972, I was described as a leader of the Cambridge soviet. I have an alternative qualification: I declare On Clause 24 I have some concerns on extending that I helped to set up an environmental consulting the major infrastructure planning regime. Nationally company in Cambridge. It was interesting to hear significant infrastructure planning is one thing, but about Cambridge earlier from another speaker. surely residents and their councils have rights to decide major local applications, such as shopping centres, When considering legislation on social, environmental office and leisure complexes. Given that local authorities and economic issues, it is reasonable to consider whether are already meeting their response times in most cases, it is bringing us closer to or further from countries that it is not clear why large-scale commercial and business are evidently very successful in those fields. The UK applications need to be fast-tracked in the way that the has no peer in the fields of humour and creativity, as I Government seem to be proposing. I hope that the saw in the Christmas pantomime “Norwichababa”, Minister will clarify what constitutes business and and as we saw in yesterday at No. 10; indeed, the UK commercial development, and what will be centralised is now exporting pantomime, so that is one area of under the Bill. economic growth. However, I think that most people will acknowledge that we have something to learn from A lot has been said about Clause 27. It creates a other European countries. They have rigorous planning, new employment status of employee shareholder with preservation of the countryside through strong local the aim of increasing the employment options companies control and sufficient high-quality housing—anyone may use. It is said that it will be voluntary for a job who has been a city councillor visiting council applicant, but what if it is the only job offer out of accommodation in Germany is somewhat humiliated. hundreds of applications that someone has made? So I would say, though, that over the past 20 years far the Government have not provided safeguards for housing standards in Britain and Germany have become people on jobseeker’s allowance. If someone refuses to closer. The other feature of those countries is that take up an employee shareholder job, they could face there are small industries all over the country, including losing their benefits because whether their decision is in natural areas, and that is also developing in this reasonable will be judged on a case-by-case basis. That country. Furthermore, I should add that all those is hardly voluntary for a jobseeker desperate for a job. countries with admirable economic and social policies The Bill is about growth and infrastructure, but I are working within EU rules and regulations. cannot see how this policy will increase growth. It As many noble Lords have commented, the UK is really is not right to force someone to give up employee facing the problems of a lack of housing and a lack of rights in return for a company share. Protection against finance for housing. We have also seen that many of unfair dismissal, the right to flexible working, the the regional projects that began in the previous decade right to time for training, parental leave rights and the were stopped, to the protests of many industries, when right to statutory redundancy pay are all fundamental the present Government began to abandon the regional employment rights, and it is hard to see how these development authorities. The support of this by the proposals fit with true employee ownership schemes, Lib Dems, who had many of their own councillors which can be hugely successful and should be encouraged. and regional officials involved in those development It is also hard to see how administrative costs for a agencies, was most surprising—I never could understand company will be reduced by the proposed measures. that. 99 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 100
[LORD HUNT OF CHESTERTON] In the past, the UK has been a Mecca for planners The other feature of those countries, particularly and Governments from all over the world to see how Germany, is worker representation on the boards. One we have combined industrial growth with the preservation of the most important features of the supervisory of our natural environment. The way in which national boards is that the workers have an interest in the parks manage to have the natural environment, local preservation of the companies. Those companies have businesses and local housing is a global model. There not been bought up and sold like chips on a gambling are people who are worried about Clause 8 of the Bill. board, as we have experienced in the UK. We have a It is very important that we continue that tradition. long way to go to get that kind of management. Some of our major national parks are very close to the The real problem for developing our economy—as centres of great industry. One of the attractions for has been made plain over and over again by the CBI world-class engineers who go to work at Rolls-Royce and the Institute of Directors—is that there has been a is that Derby is very close to the Peak District, which complete lack of decisiveness about major infrastructure is an untrammelled and marvellous national park. projects. We could now be having a third runway at Other countries also have major manufacturing centres Heathrow; we could be having toll roads. We need close to great parks. Manaus in Brazil, home to its many more of these fundamental measures and every main electronics centre, is close to the forest environment day that we do not have them we lose our competitiveness of Amazonia. to other countries. When the Prime Minister talks I have a nice example of the small industries in our about competitiveness, he just has to listen to what the national parks. I once sat next to a lady on a British CBI is saying. Airways aeroplane. When we got to the stage of eating However, the Government have pushed ahead on cupcakes, as we were flying over her village, she said, energy and the further energy developments in the Bill “We make them down there”. Those kinds of small-scale are to be welcomed. The fact that we now have permission industries are very important. The Government and to develop a big nuclear power station in Somerset is a all parties believe that they should be expanded. very important development. A strange feature of the Bill is that, although it has to do with economic growth, housing, infrastructure What else does this Bill propose? First, it proposes and the environment, there is no mention of or reference a reduction of local planning powers, which many to the economic value of the environment. This is now noble Lords from all sides of the House have commented a standard concept in government; the White Paper on. I hope the House of Lords will be able to vote on refers to it. The Prime Minister now refers to the fact this, as in the other place, and that the decision will be that gross national product is not the primary definition different. of growth: it has to include the environment. The However, some of the most important developments recent Secretary of State at Defra referred to this in the UK, as pointed out by a Lib Dem colleague natural capital. Since, perhaps, not all noble Lords talking about Cambridge, were done through local know about this, a document developed by the NGO planning. The development of Cambridge’s high-tech Globe, of which I am a vice-president, has been put in society was an extraordinary case of the local council the Library. I recommend that noble Lords do a little changing its mind and working with local universities homework on that, particularly the people in DCLG and industry. devising the Bill, or perhaps read the speeches of Equally, there have been other developments that Ministers in other departments. could not be done by local planning. We have had The last part of the Bill, in Clause 27, is equally Acts of Parliament to develop, for example, Felixstowe perverse in going against the spirit of many successfully docks or some of the processes in London. The noble run businesses. The Government seem to be amplifying Lord, Lord Rooker, was quite correct to say that there occasional problems and producing a complex solution are certain things that local councils do not have a big with implications that have not been foreseen. Can the enough power to do. It really requires a concept that Minister say what kinds of complications there are, combines localism with a national view. That is what and give examples of where the approach in Clause 27 we have been struggling with this afternoon. has been tried as a pilot? I thought that the Government One of the aspects that has not perhaps been covered wanted to reduce red tape, and maybe reduce just is the localism developed in Denmark, which has slightly the income of lawyers dealing with complications pioneered the economic involvement of communities in government. I was obviously wrong. This is a new in controversial developments. It completely transformed jamboree for all of them. Furthermore, now it is even the way they considered energy developments. There is a jamboree for the tax lawyers. All I can say, as the an element of that in the UK with local participation director of a small company in Cambridge where the in housing developments. We have been talking about staff have regular maternal and paternal leave—it is that much this afternoon. In Denmark, for example, an unusual software company, with 70% women—is there is local participation in many other projects. In that current human resources management is complicated many other areas of the continent there is local investment, enough. This is just another problem and will add which means that there is tremendous commitment to costs to small companies where these issues are important. develop local businesses. Again that is somewhat lacking The Minister has been asked many things, but we have here. We had that with our regional development not heard what the costs of legal challenges are likely authorities but, for reasons that I do not understand, to be as a result of this new legislation. they have gone—of course they are supported by the In summary, the Government are quite right to noble Lord, Lord Heseltine, but his views and the emphasise the need to invest in infrastructure and Prime Minister’s are not completely consistent. housing, and to maintain their commitment to national 101 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 102 parks and the natural environment. Both are needed State. On the basis of the initial criteria, and taking to grow the economy and to develop communities. account of planning performance agreements, vanishingly However, the Government’s determination to reduce few local authorities may be deemed to be failing, local involvement through this clumsy legislation has bearing in mind that planning approval rates are at a to be resisted. There are so many successful business 10-year high. However, the risk is a tightening of the developments involving local business and local threshold in subsequent years, although the Government organisations—and, dare one say it, local political refuse to set out their response to their consultation on parties. However, there are exceptional situations that this matter until the Bill becomes law. Why is this? we all recognise, in which national projects have to be In all of this there is no recognition of the intense planned on a national basis. Special measures such as financial pressures which government cuts are imposing parliamentary Acts are possible, but the Bill needs on local authority planning departments, as on other great changes if it is to be supported in this House and services; or that designation will weaken local authorities’ in the country. Of course, lawyers and tax advisers will ability to improve as they lose fees and struggle to love the Bill as it is. It will give them a field day. retain more able staff to deal with major applications; that the policy will tilt the balance struck in the NPPF and encourage local authorities to eschew quality and 8.48 pm develop their engagement for speed; or that engagement Lord McKenzie of Luton: My Lords, this has been with local communities will be impaired. Frankly, this an extensive and excellent debate, but one which has clause should be deleted. exposed the gap between the reality of the measures in In Clauses 2 and 3 we see yet further examples of the Bill and the needs of our country for growth and the Secretary of State taking powers to himself. In infrastructure. The Bill lacks coherence, vision and a Committee we will seek to ensure that these are exercised plan for growth. In the terms of my noble friend Lord in a transparent manner and in line with proper Rooker, who put it bluntly, “It won’t work”. My noble consultation. friend Lord Smith said that it was a missed opportunity. Clause 4 touches on permitted development rights. My noble friend Lord Whitty said that it ignored the Our major concern in this regard is not what is in the need for serious thinking on infrastructure investment. Bill concerning the extension of rights. Decisions to The noble Lord, Lord Greaves, called it, “ad hoc, extend these centrally will lead to unintended consequences hotchpotch”, with no structure. The noble Lord, Lord in different localities. If the Government really believed Taylor, said that it was cobbled together to fill the in localism they would agree that these matters should vacuum left by the lack of Lords reform. My noble be determined locally. friend Lady Turner said that there was no comfort in it for the construction industry. The noble Lord, Lord We desperately need more affordable housing and Shipley, at least clung to the view that the title could be we should acknowledge the important role that Section 106 seen as a statement of intent. agreements have played in delivering this ambition. As Much of the Bill is focused on reform of the ever, the noble Lord, Lord Best, spoke with passion on planning system before the ink is dry on the Localism this matter. We consider that Clause 6, which enables Act and the NPPF. We had a mini-debate on the developers to seek renegotiation of the affordable NPPF, with a difference of views between the noble housing obligations with a right of appeal to the Lord, Lord Teverson, and my noble friend Lord Planning Inspectorate, is particularly egregious. In the Hanworth. That bodes well for Committee. The Bill is words of my noble friend Lady Whitaker, it is a step predicated on the notion that the planning system, back to another world. It is another example of overriding rather than the lack of finance, is holding back growth, the judgment of local authorities, which already have a theme that was challenged by a number of noble the power, which they use, to renegotiate such agreements. Lords. That assertion is based at best on anecdote and We will challenge the linking of project viability it lacks a systematic and rigorous basis of assessment just to affordable housing and will argue that any test that takes account of both cost and benefit. The noble to be applied should not just be one of economic Lord, Lord Tope, asked where the evidence is. Yet viability. The development plan policies and different again we see the imprint of a Secretary of State who housing needs of an area, including rural areas, must espouses the cause of localism but everywhere removes feature in the assessment. However, if this clause is to power from local authorities and takes them to himself. remain, then it should be considered as a short-term We welcome some measures, especially those which measure with a sunset clause to bring it to an end. My flow from the Penfold review, and which we expect to noble friend Lord Adonis has asked the Minister to be able to support. However, they do not amount to a tell us precisely which stalled sites she considers unviable comprehensive plan for growth, and they will not due to Section 106 affordable housing obligations. I catapult us into the premier league of competitiveness. hope that she will do that. We have grave misgivings about Clause 1, which are While we support steps to increase access to broadband, shared by many noble Lords, including the noble including for national parks, this must be done in the Lord, Lord Tope, the noble Baroness, Lady Eaton, my right way and not with the sledgehammer approach noble friend Lord Whitty, and the noble Lords, Lord referred to by the noble Baroness, Lady Parminter. As Teverson, Lord Best, Lord Taylor and Lord True. The the Bill stands, there are concerns that Clause 8 would clause gives unprecedented powers to the Secretary of permit a free-for-all in areas of outstanding natural State to strip any local authority of its planning powers beauty, which is why we will continue to pursue if deemed to be failing so that a developer can seek mechanisms which will narrow the focus of this provision. approval for major applications from the Secretary of We understand the point made by the noble Baroness, 103 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 104
[LORD MCKENZIE OF LUTON] would be many more losers than gainers from the 2015 Lady Hanham, in her introduction about EU requirements revaluation. It is accepted that a revaluation would and will look to see how that bears on secondary not overall increase or decrease aggregate revenue legislation. We were reminded by the noble Baroness, from business rates but a revaluation is supposed to Lady Brinton, about the importance of broadband, maintain fairness by ensuring that rateable values particularly in respect of rural areas, and by the noble reflect up-to-date rental values. Baroness, Lady Valentine, more generally. As we have heard, the VOA undertook its high-level, Clauses 13, 14 and 15 seek to make it more difficult indicative estimates based on limited rental data. Others for a green space to be designated as a town or village have called into question the projections made from green. The intent is to stop vexatious applications to this analysis and the CBI has declared that it considers register land which are submitted to thwart proposed the benefits of deferral to be overstated. Before proceeding development. We would have common cause in not with a deferral, there should be a full consultation wanting to see the opportunities to designate green process and the Government should publish space used in this manner but remain unconvinced comprehensive estimates of how businesses are to be that it is a major problem. The CPRE cites there being affected. We also would want to take the opportunity only 185 applications for this status in 2009, which can to assess the current fitness for purpose of the VOA, be compared to many tens of thousands of planning its resourcing and how it is handling appeals from applications. previous valuations. The Minister will recall our However, we do not oppose all change to the existing deliberations on the business rate retention scheme arrangements but will look for assurances on publicity and calls then for rating revaluations to coincide with around landlord statements and will seek changes to a general resetting of the system. Will putting back the the heavy-handed approach to removing the right for revaluation affect the current 2020 timetable? local inhabitants to apply for registration of land as a green space once it has been marked down for Finally, the nonsense that is Clause 27 has been development. This approach goes beyond what Penfold comprehensively taken apart by my noble friend Lord proposed. Adonis, and he was supported by many other noble Lords—my noble friends Lord Monks, Lord Morris, A number of provisions in the Bill are focused on Lady Turner and Lady Donaghy, as well as by the clarifying and streamlining the process for infrastructure noble Baroness, Lady Brinton, and the noble Lord, planning but also on restricting the special parliamentary Lord Greaves. Seldom have we seen a government procedure in part to overcome anomalies. The intervention proposal that has such little support. The raft of of my noble friend Lord Faulkner in relation to Clauses 22 amendments that the Government have already been and 23 is highly relevant. These clearly are matters forced to bring forward underlines the technical complexity that we will have to review in depth in Committee. of the scheme. If it is anything, it is a job creation My noble friend Lord Berkeley spoke about the programme for lawyers and accountants. In concept, need to extend some of the provisions relating to perhaps the Government will explain why it is okay for easing the infrastructure process. That also will be senior executives to sit on their stock options yet still something which we will need to examine in Committee, benefit from handsome payoffs when they leave, but it as well as his point about the resources for the Planning will be a spur to growth if employees are offered the Inspectorate, given the multiplicity of different roles arrangements to forgo their redundancy entitlement provided for it in the Bill. that are proposed in the clause. Clause 24 seeks to bring business and commercial applications into the major infrastructure regime, which The noble Baroness, Lady Wheatcroft, made reference was established in the Planning Act 2008. We are not to the range of existing employee shareholding schemes. opposed to a broadening of the regime, although the If such arrangements are out there, why cannot they way in which the clause does this would represent a be used? What is so great about the proposals in the considerable departure from the current system. Bill? Concerns have been expressed about the scheme “Business” and “commercial” need to be adequately being used for tax avoidance. From debate in Committee defined as they are not so obviously in the public in the Commons, it would seem that we will have to interest or nationally significant. Widening the regime await the Budget to understand the extent to which opens up yet further possibilities for bypassing local the issue of shares, fully paid, will be free of income decision-making and the lack of any national policy tax and capital gains on subsequent disposal. Can the statements bypassing parliamentary scrutiny. We will Minister shed further light on this? What is the estimated pursue amendments on these matters. cost in term of tax forgone as a result of these proposals? The inclusion of a clause to defer the 2015 rating There remains a raft of technical issues to pursue list revaluation by two years comes as a surprise, around valuation, TUPE, JSA claimants, compulsion, particularly as we have only just completed our scrutiny realisation, share rights and dilution—to name but a of the Local Government Finance Act where we had few. Our opposition to this clause is not principally extensive discussions about the role and resourcing of about technicalities. Cutting the rights at work of the VOA. The deferral breaks a tradition of more than employees is wrong in principle and, in the terms of 20 years of regularly uprating business rates that has my noble friend Lord Monks, unethical. It will not not been subject to political interference. As my noble help jobs and growth, and that is why it has so little friend Lord Smith pointed out, the Government have support among employers as well as employee groups. justified this decision on the grounds of providing The proposition is divisive and the clause should be certainty for business at a difficult time and that there scrapped. 105 Growth and Infrastructure Bill[8 JANUARY 2013] Growth and Infrastructure Bill 106
The Bill displays the worst features of a struggling I was asked by various noble Lords how failing Government. It is contradictory on localism, lacking councils will initially be designated. They will be designated in evidence base on planning, misguided in undermining initially for 12 months, and that will be reviewed employee rights, divisive in reducing affordable housing, before the year is up. It will be done on criteria that I and devoid of a strategic context. It will keep us busy am sure we shall discuss in Committee. Although in Committee. applicants can appeal against non-determination, once the statutory period is up, we believe that they should 9.02 pm have the choice of accessing a better service from day one, where there is clear evidence that the planning Baroness Hanham: My Lords, perhaps I may start service is not being delivered effectively. by welcoming the noble Lord, Lord Adonis, to his I must underscore that these provisions are not position on the Front Bench for the Bill. I am delighted mandatory on every local authority. They give the to see him there and, having listened to the debate, he Secretary of State powers to designate, as I said, this will realise that we are in for a lively time—as I do. I small number of local authorities. This is not a case of also congratulate all noble Lords for having survived. swiping at localism; this is saying that there are small This is the first time in this House that I have sat in this areas that we need to deal with. The provisions do not Chamber and been so hot that I did not know what to entirely take the powers away from local authorities do with myself. Noble Lords have all done extremely because they enable the applicant to decide whether well to survive. they want to leave their application with the designated The noble Lords, Lord Adonis and Lord Whitty, local authority or whether they wish to go to the and many other noble Lords have portrayed not only Planning Inspectorate. I do not think that the Planning the Bill but the Government as being anti-localist. Inspectorate, under these circumstances, will be Perhaps I should say immediately in our defence that overwhelmed with extra work. we have spent a lot of time in this House making sure that this Government are localist. Beyond the Localism I am conscious of not having a lot of time. Perhaps Bill, we have been through the NPPF, and we have had I can turn to Clause 5, which deals with information great discussions on localism and giving priority to requirements. The noble Lords, Lord True, Lord Taylor local authorities. I do not therefore think that this of Goss Moor, Lord Teverson and Lord Shipley, all Bill undermines that in any way. The Government raised points on why that clause is needed as the policy are committed to localism. They recognise that in is already set out in the National Planning Policy some areas there are small problems that need to be Framework. The clause is needed because there have dealt with, and that is what we are trying to do in the been court cases and we need to ensure that applicants Bill. can get to appeal, if they need to, when there are disputes about information that cannot be resolved. It Perhaps we can start with Clause 1, which has is also quite unnecessary for local government to have attracted a great deal of attention. The clause is to to seek, particularly with smaller applications, a whole deal only with those very few situations where an raft of information that does not necessarily appear to effective planning service is not being delivered locally. be germane to the application. People can always ask We published an impact assessment, which, together for that information as the application proceeds, if with the consultation document on planning performance they wish, but it is clearly not helpful if there is so that supports this clause, is clear about the evidence much information that it never sees the light of day. base. I am sure that by the time we reach Committee, all noble Lords will have read those documents. Section 106 renegotiations on affordable housing As I said in my opening remarks, although the great have received quite a lot of attention. As I made clear majority of applications—about 88%—are approved in my opening remarks, there are already 1,400 stalled in good time, that is not the situation everywhere. The sites with more than 75,000 houses that should be criteria that we have proposed in relation to local under construction. A number of those homes will be authorities that are failing in their duty would mean affordable, so it is not that there will be 75,000 affordable designating—I emphasise what my noble friend the homes, but within that figure will be such homes. We planning Minister in the other place said—a very know that there are many reasons as to why development small number of authorities that fail to determine is not coming forward, and those reasons will vary more than 30% of their major decisions on time. That from site to site. We accept that there will be financial is not a standard of performance that we should implications as well, so this is not the entirety of the regard as acceptable. I will not name specific authorities problem. for the simple reason that circumstances can change At the moment there is no central assessment of the before any initial designations are made. viability of every site. Noble Lords asked whether that On that point I want to reassure the noble Lord, would be a general requirement, and perhaps I may Lord Tope, and other noble Lords that we have been come back to the point in Committee. However, we talking to the Local Government Association about know that Section 106 agreements are a significant the role that the sector can play in helping other cost to developers, and historically 50% of the cost is authorities to improve and to stop them being designated. on affordable housing. Our measure provides for a We do not particularly want them to be designated; we quick and focused review of the Section 106 agreement want to use this as a way of ensuring that standards without reopening the policy context or merits of the are maintained. We want the Local Government planning consent. It will deliver the development of Association to help authorities regain their powers if affordable housing. That is because this particular they have been designated. clause relates to the affordable housing aspect of 107 Growth and Infrastructure Bill[LORDS] Growth and Infrastructure Bill 108
[BARONESS HANHAM] 9.15 pm Section 106, and we know that a number of authorities The noble Baroness, Lady Parminter, asked about are already carrying out those negotiations. I agree the number of new poles. It is difficult to estimate as that the assessment of viability will be key to the operators will first be expected to explore using the consideration of appropriate affordable housing existing infrastructure of poles and ducts before putting requirements. We are going to issue guidance to establish up any more. We shall be asking how much use operators the key considerations for assessing that viability for plan to make of the relaxation of restrictions on new the purposes of this clause. I do not agree that the overhead lines in the forthcoming consultation. Decisions Planning Inspectorate is not able to consider matters on how that is delivered will depend on the outcome of of viability. Inspectors regularly examine that aspect the procurement process. However, I can reassure my in planning appeals and local plan considerations. noble friend Lord Shipley that the Bill’s provisions insist that communications providers will have to work My noble friend Lord Taylor of Goss Moor asked closely in conjunction with local authorities and local why we should single out affordable housing rather people, and they will have to get their co-operation than use the Homes and Communities Agency to help before undertaking any work. deliver affordable housing obligations. I have said that we know historically that 50% of the value of obligations Town and village greens are all areas that have is on affordable housing, and councils are already free generated the most enthusiasm. On the reforms to the to renegotiate any aspect of that Section 106 obligation system for registering land as town or village green, at any time on a voluntary basis. This measure only the noble Lord, Lord Adonis, has suggested that the provides a backstop where local authorities may not moratorium on green applications when a planning be prepared voluntarily to undertake those negotiations. proposal is first published is Kafkaesque—I think that It gives the developer the right to make sure that they is how he put it—and unfair. On the contrary, we take place. Funding historic aspirations on individual believe that the trigger event marks the start of the sites for affordable housing is not going to be the best consultation, not the end. It enables communities to way of securing value for money from the Homes and have their say on whether land should be developed or Communities Agency investment, and our aim is to kept open, for example, because of its recreational use guarantees to deliver 15,000 new affordable homes. value, without that decision being pre-empted before the process can be concluded. One of the other areas that was the cause of As my noble friend Lady Eaton said in her speech, considerable discussion is that of Clause 8 and broadband. this puts the decision in the democratically accountable The provisions of this clause will be instrumental in planning system. Also within that planning system are removing the planning red tape that is currently slowing local and neighbourhood plans, and we expect very down, and in some places blocking, the rollout of much that all this aspect of green, open and designated broadband. The question of state aid was raised by space will be taken up in those plans. Therefore, they the noble Baroness, Lady Whitaker. I accept immediately will be well and widely known about by the people that state aid has been a delaying factor, but it is not concerned. the only one. Planning issues have been the cause of delays as well. As I said originally, the Government’s On the one-stop shop, under Clause 21, the noble ambition is for this country to have the best superfast Lord, Lord Berkeley, asked whether the Planning broadband network in Europe by 2015 and it is vital Inspectorate will provide pre-application advice. I can that the rollout of this infrastructure is fast-tracked in assure the noble Lord that the planning inspector order to kick-start economic growth, create jobs and already provides that advice. I am sure that the noble support the country’s long-term economic future. Lord will appreciate that I cannot comment on detailed However, it is also absolutely vital to ensure that rural individual cases. However, I hope that he will welcome areas have broadband and are thus able to take part in Clause 21, which expands the one-stop shop for major that growth and economic improvement. So we believe infrastructure and note that we recently consulted on that the introduction of short-term planning relaxations expanding and improving the one-stop shop approach. is justified and we will ensure that the Government’s The noble Lord talked about our special parliamentary ambition for superfast broadband and universal procedures. We propose to continue the special broadband coverage is not prevented by planning parliamentary procedure under the nationally significant objections where we believe that they are causing a project regime in respect of statutory undertakers’ blockage. land. We do not believe that this land warrants inclusion as statutory undertakers can make representations as I understand the concerns regarding protected areas, part of the examination process. I am sorry, I think I but it is the communities in some of these areas that should have said that we propose removing special are in the most need of the upgraded infrastructure. parliamentary procedure in respect of statutory undertaker Certain rural areas are in danger of being left behind land. and are the most expensive and difficult to reach, Also on the subject of special parliamentary procedure, where underground cabling is often difficult to put in the noble Lord, Lord Faulkner, asked about petitions. place. If these remote areas are excluded, a number of In future, petitions will be able to be made only about households and businesses will be left completely behind. the acquisition of special land. We have responded to In the words of the noble Baroness, Lady Valentine, the concerns of the Joint Chairman of Committees to broadband is an essential infrastructure. My noble address inconsistencies in legislation, and I made that friend Lady Brinton described eloquently the ways in point in my opening remarks as something that has which broadband is essential to the rural economy. come about as a result of people seeing the way in 109 Growth and Infrastructure Bill[8 JANUARY 2013] Armed Forces: Future Size 110 which the legislation operates. We are committed to In concluding, I again thank all noble Lords who reforming the special parliamentary procedure so it is have taken part in the debate. I believe the measures in triggered only in cases where there is a real need for this Bill will build on the steps that this Government Parliament to confirm a ministerial decision. There have already taken to make the planning system simpler will remain four opportunities—I think the noble Lord and make sure that we encourage economic growth. I asked about that—for the views of all interested parties hope that we can all agree that freeing up businesses to be taken. from the swathe of red tape that has engulfed them is a On Clause 24, a number of noble Lords raised suitable objective for this House in passing legislation. questions on how changes to the nationally significant I hope the House will support the Bill. I am sure that it infrastructure regime will operate. We have recently will in the end and I look forward to the discussions in consulted on these proposals and our considered responses the middle. to that. We propose to set out the types of development Bill read a second time and committed to a Committee in secondary legislation, but it will be for the Secretary of the Whole House. of State to reach a view on national significance following the receipt of a request to use the regime. Applications accepted into the nationally significant Armed Forces: Future Size projects regime will be decided within 12 months from Question for Short Debate the start of examination. The noble Baronesses, Lady Parminter and Lady 9.23 pm Young, raised the issue of hydraulic fracturing, or fracking. I remember the noble Lord, Lord Berkeley, Asked By Lord Empey raising fracking ages ago. The Government support To ask Her Majesty’s Government, in the light industries and endeavours which pursue new energy of recent international developments particularly sources, so long as tapping these proves to be technically in the Middle East, whether they will review their and economically viable and can be carried out with plans for the future size, configuration and equipping full regard to the protection of the environment. of the Armed Forces. On business rates and Clause 25, the noble Lord, Lord Tope, asked how many ratepayers would have seen reductions in their bills at the 2015 revaluation. I Lord Empey: My Lords, I welcome the opportunity have said that it is not possible at this stage to say for the House to discuss defence issues, given the precisely how many would have benefited, but the ongoing sacrifice that our soldiers, sailors and Air Valuation Office Agency’s high-level analysis suggests Force personnel are being asked to make on behalf of that only 300,000 premises would have seen reductions this country. Sadly, another example of that sacrifice compared to 800,000 that would have seen increases. has been drawn to our attention today. That would have had an impact. Leaving aside the question of how or whether we Finally, I want to touch briefly on Clause 27. I should be fighting in recent theatres of operation, the apologise that I am not going to have time to deal fully reality is that we have had large numbers of troops with that last point. I want to remind the House that deployed overseas for many years, enduring great hardship this is a new employment status, which employers may and significant losses. Before the Recess, I asked the wish to use if it suits them. However, it is important Minister for details of those who had suffered life-changing that we do not confuse employee shareholders with injuries as a result of their deployment in Iraq and the employee ownership agenda, which is now being Afghanistan. For the record, I will repeat the Minister’s taken forward following the Nuttall review. We have Answer: consistently stated that guidance would be provided as “My Lords, for reporting purposes serious UK operational to how this new employment status will work and we casualties are usually categorised as having either serious or very will update the House as guidance is developed. I note serious wounds and injuries. Between 2003 and 2009, 222 UK casualties in Iraq were included in these categories, while the noble Lords’ concerns about the type of shares that number for Afghanistan between 2001 and November this year will be issued but we have been very clear that it will be was 591”.—[Official Report, 19/12/12; col. 1543.] up to individual contracts to determine the nature of These are sobering figures and do not even include the shares. those who may suffer mental health issues in later years as a result of their experiences. Lord Adonis: I thank the noble Baroness for giving I labour this point because, due to the vast way. These are crucial issues. She says she will update improvements in battlefield medicine, wounded soldiers the House as guidance is developed. Will that be are surviving injuries that they would not have done in before Committee stage? earlier conflicts. It follows that upon returning to the UK with severe injuries, they will require perhaps Baroness Hanham: My Lords, I do not know the 60 years of care, and I wonder if the NHS, which will answer to that. I will let the noble Lord and the House have to bear this burden, is fully prepared and resourced know as soon as I can get an indication of when that for the challenge. guidance is going to be available, but I would expect One keeps hearing examples of the problems returning that we would be able to discuss it. We want to give soldiers and their families have in adapting to civilian employers and people more choice. Clause 27 does life, especially if injuries have occurred while in service. that and when we reach Committee stage, we will be The number of former soldiers who end up in the able to deal with some of the more detailed points. justice system should alert us to the difficulties they 111 Armed Forces: Future Size[LORDS] Armed Forces: Future Size 112
[LORD EMPEY] the Falklands. What message are we sending out now face. The long-term welfare of our Armed Forces when we are incapable of providing adequate seaborne must remain a top priority and I hope the Minister airpower? can give the House an assurance that there will be no Earlier I referred to the situation we found ourselves skimping when it comes to assisting with both welfare in during the Arab spring in Libya. This “spring” will issues and professional services aimed at helping and soon be two years old, and a major civil war is raging equipping former soldiers for the world of work. in Syria, with all the usual suspects in the region Upon taking office in May 2010, the coalition involved by proxy. Iran will defend Assad to the last, Government undertook a review of the Armed Forces, even if the Russians and Chinese see that he is finished. with the emphasis on ensuring, among other matters, Iran will stop at nothing if it sees its main ally in the that the sums for procurement add up and that, in region about to fail. The Strait of Hormuz is still future, programmes and equipment would be affordable under threat. None of us here can tell how things in and delivered on time. For a new Government, with an the Middle East will play out. apparent multibillion pound overage in its spending Last week, Danish, German and American troops commitments, this was an obvious thing to do. were deployed to Turkey to set up Patriot batteries to Furthermore, the threats faced by the United Kingdom protect the Turks against Scuds and other missiles that are always changing and any responsible Government we know Assad possesses. Lebanon and Jordan are are required to test our military configuration and once again being destabilised by the mass movement equipment against the threat levels we face. of refugees, and internal disputes have reignited in both these countries. Will the Minister assure the House Considerable controversy followed the 2010 strategic that the Government continue to keep the Middle defence and security review. This is not surprising, but East situation under constant review and will adjust perhaps the most hurtful and humiliating development and reconfigure our forces as required to meet the was the realisation that we currently—and for some emerging threat posed by the instability in this region? years to come—have no seaborne fixed-wing air capability. For an island nation to have such a limited option to One of the principal reasons given for the second project its power from aircraft carriers leaves us effectively war in Iraq was the alleged presence of large volumes out of business in many possible conflict scenarios. It of weapons of mass destruction, hidden by Saddam is hard to see how we could defend ourselves without Hussein for future use. Despite many searches, little significant help from others. evidence was produced that such weapons existed in Iraq. Since then, however, weapons of mass destruction Only months after the review was published we have been used by terrorists in Iraq. Nerve gas booby-trap were plunged into the Libyan conflict. I believe that bombs have been deployed on a number of occasions the Government did the right thing by intervening and other chemicals have been combined with explosives with our allies to protect the people of that country to maximise casualties, including in al-Qaeda attacks from almost certain mass murder by the Gaddafi in east Africa. Can the Minister confirm that coalition regime, but our inability to fly missions from aircraft forces in Iraq and Afghanistan have encountered nerve carriers added to the cost and the risk to our Armed agents and other chemical weapons which were in the Forces. Air crews, who did a magnificent job, had to possession of terrorists? Can he assure the House that fly long distances to land bases in Italy, which even a our own Armed Forces are adequately equipped and few years ago may not have been available to us. trained to deal with attacks involving such agents and We know that the previous Government commissioned chemicals in this country, as well as in other theatres two large aircraft carriers, which are under construction, of operation? but more embarrassment was to follow when we learned One of the biggest defence-related debates, even that there were no aircraft to fly from them. Our within the coalition Government, is the future of our choice of a replacement for the Harrier went from one independent nuclear deterrent. The current delivery design to another and then back again. It reminds me system is moving towards the end of its operational of sending a football team on to the pitch without the life; in view of our current financial position, people benefit of a goalkeeper. will be asking if there is a less expensive alternative, given that the threats the UK faces are more likely to Given that the UK still has a large military spend come from unconventional enemies. Can the Minister compared to many of our competitors it is hard to set out government policy in this matter and the extent fathom why we find ourselves in this powerless position. to which decisions have been taken for a replacement We did not get here simply from 2010 but were clearly for the Trident system? going to founder because of decisions taken, or not taken, long before then. As protection of the nation is As a result of the 2010 review, the three services a top priority for any Government, ending up in this were all subject to personnel reductions. I accept that mess represents a fundamental failure of the state to numbers are not the whole story; nevertheless, there provide adequate protection for its citizens. appears to be a pattern developing of more tasks having to be performed against a background of falling Our present political model leaves us open, as a numbers. We had two long-term overseas deployments nation, to short-term and bad decision-making. We all taking place at the same time as Operation Banner recall that the decision to save a paltry sum in the was happening here in the UK. Is the Minister satisfied South Atlantic in 1982 cost this country dearly, in that the Armed Forces are not being overstretched both personnel and treasure, by signalling to the Argentine and, as a result, seeing their flexibility severely depleted? military junta that we were not serious about protecting Furthermore, given recent and unjustified violence 113 Armed Forces: Future Size[8 JANUARY 2013] Armed Forces: Future Size 114 from both loyalist and IRA sources in Northern Ireland, job in the Ministry of Defence, indicate how many will the Minister assure the House that, should it be generals will be left in this Army of 82,000? How does required by the chief constable of Northern Ireland, the number of generals in the Army now and when it military support will be available to him? Sadly, over is so reduced compare to the number of generals in the weekend, a threat was made by IRA elements to other armies in France or the United States, relative to any Irish citizen serving in the British Army. I ask the the number of personnel in those armed forces? Minister, therefore, to bear that in mind in his response. The title of the debate includes the word When we debated the Armed Forces Bill in 2011, a “configuration”. An important point from my perspective number of amendments arose from our deliberations. has always been the configuration of procurement in A commitment was given then that the Secretary of the Ministry of Defence. The questions really are: State for Defence would report annually to Parliament what equipment do we have, what equipment do we on the progress being made throughout the UK in need and do we know what we need? The question implementing the covenant under certain headings. that perhaps no one wants to ask is: what do we not Can the Minister say when such a Statement is likely know that we need? What Navy and RAF do we have to be made so that we will have the opportunity to and do we need? I am pleased to see the noble Lord, question him on developments? Following on from Lord West, in his place. I will leave all naval and that, can the Minister confirm whether Armed Forces aviation problems to him. The noble Lord, Lord Empey, advocates have been appointed from all parts of the mentioned two aircraft carriers being built. What planes United Kingdom? will be able to fly from those carriers? The noble Lord I said at the outset that we owe a massive debt of made the analogy to a football team and said it was gratitude to our Armed Forces for the work that like sending a team on without a goalkeeper. I disagree: we ask them to do. They do not unilaterally go to wage it is like sending a team on without a team. All you war or defend our interests around the world: we send would have is the football stadium or the aircraft them. It is therefore our responsibility to ensure that carriers and nothing to fly from them at the moment. when things go wrong and service personnel are killed Then the questions are: what vehicles do we have or injured, those left behind or needing long-term care and how do we use them in the conflicts that take are adequately provided for. We continue to hear cases place? We have armoured vehicles and we send them of hardship. During the debate on the Bill in 2011 it to an area that is sandy so we paint them a sandy was suggested that we should have something like the colour. Then, if we have a conflict in an Arctic region US Veterans Administration in this country. In response, we take the same vehicles and paint them white. But the Government said that they preferred the current they are not necessarily—in fact they certainly are model. not—the proper equipment for our forces. The armed I care little about which model we follow; what personnel will lose lives because of the inadequacy of matters is that the help is provided. It annoys a lot of that equipment. Would my noble friend accept that people to hear tales of ex-service personnel being defence reviews and procurement move far more slowly refused this or that help from a country that can find than the fast-changing events around the world, endless supplies of money to cater for the needs of particularly in the Middle East and north Africa? Abu Qatada and his ilk. I trust therefore that even in How can the Government ensure that the United these times of economic difficulty we will continue to Kingdom is able to react in a timely way to these pay close attention to the defence needs of this country. defence and security challenges? Then of course there If we fail to do so, history teaches us that we always is the financial aspect and the unexpected need for end up paying a high price as a nation. finance. When conflicts take place, will finance be available from some pot somewhere to pay for it? Will 9.34 pm the equipment needed be available at short notice? Lord Palmer of Childs Hill: My Lords, first, from Could the Minister say what assessment has been these Benches I offer condolences to the family of the made of new types of warfare such as the Iron Dome British soldier shot dead by a rogue member of the defence infrastructure protecting civilians in Israel, Afghan national army. I also thank the noble Lord, which has meant that the rockets sent against Israel do Lord Empey, for putting this debate down—it was a not land in any areas of population? They are in fact pleasant surprise when I read about it in Bangkok. developing a system that is Iron Dome-plus and Iron The title of the debate mentions the potential problems Dome-plus-plus to deal with medium and long-range in the Middle East. Of course, that is only one potential missiles. That is something that I hope would be in our area of conflict and there are others. Did we expect a national security strategy. war in the Falklands or in the Balkans? Did we expect The Government’s second annual report on the conflict in Iraq or Afghanistan? Can we keep out of national security strategy and defence review last conflict in Syria, where horrendous killings are taking November highlighted increased instability in the Middle place, or Israel/Palestine, whose almost intractable East as one of the major developments since the national problems seem to be getting worse, or Egypt, Lebanon security strategy in 2010. How will the Government or Tunisia? The list of potential trouble spots is endless, update the national security strategy to reflect this as the noble Lord, Lord Empey, indicated. Where will change? Is the idea of just having a review and then, the next conflict or conflicts be? after a given period, another review and another review With an Army of a mere 82,000 personnel, what the way to go about it? Surely we should be thinking of will be feasible when any conflict takes place? Could the review as ongoing and seamless; one should be my noble friend the Minister, who does such a great reviewing it all the time and not just at given times. 115 Armed Forces: Future Size[LORDS] Armed Forces: Future Size 116
[LORD PALMER OF CHILDS HILL] 48 years in the Navy. The 2010 strategic defence and Does the Minister accept that the developments in the security review is, I believe, the straw that has almost Middle East and north Africa since the publication of broken the camel’s back, but a further £1.3 billion has the national security strategy have seen major changes been taken from the defence budget. in our defence and security picture that were not Our military is not now capable of what the people anticipated when the strategy was first presented. What of our nation expect of it. If Ministers think that it is, action will the Government take as a result? I fear that they are deluded. The international The Times today talks about extensive Army developments in the Middle East—the Arab spring redundancies and the effect of the ability to control was referred to as the basis of this debate—are just the future shape of the Army. The great worry is that one example of what a chaotic, unpredictable and the redundancies will include people with needed trades dangerous world we are in. At the time of the 2010 and that they will leave gaps in the performance of SDSR, a number of us—some of whom are in the certain functions. I wonder how that will be coped with. Chamber tonight—pointed out that the cost-driven Perhaps the Minister will relate that to the use of exercise took no account of strategic shock. The events the Reserve Forces. A lot is mentioned in the reviews in Libya and Syria have proved the point. The noble as to the building up of the Reserve Forces, but I have Lord, Lord Palmer, asked: where will the next one be? my doubts as to whether people with the relevant skills We have no idea what the next crisis might be. That is will always be available, and whether they will be able why we need capable Armed Forces. As an aside, to take the time off from their main employment to go Libya was a minor operation, but we could not have and serve their country. There is a quote in the Times done it without the United States. I would strongly that perhaps doing defence on the cheap is leaving key advise that we do not get involved militarily in Syria. roles empty. It really is a problem of whether the Army I come back to defence spending, because that is with 82,000 people is going to be fit for purpose. what I want to focus on. It is complacent and, I As the noble Lord, Lord Empey, said, we owe a believe, shows a lack of understanding, to parrot the considerable and continued debt to our Armed Forces. fact that our defence spending is the fourth highest in We are lucky to have the Minister here who I know the world, as if that answers criticism that it is too does an incredible job in the Ministry of Defence. small. First, figures can be very misleading, as many Nothing that I am saying is meant to be critical of nations, as I know from my time as chief of defence that. A lot of these problems are inherent in what has intelligence, hide what we see as defence spending in been happening not just during the present Administration lots of other areas, so it is sometimes difficult to know but during previous Administrations. There is great what they are actually spending. scope for looking in a fresh light at what conflicts are Even if we are in the top six, so we should be. We likely to happen, what stocks of equipment we have, are the fifth or sixth richest country in the world; we what we will need, what we could need and whether are a permanent member of the Security Council. there are new items of defence and attack available in Unlike many nations, we have a responsibility for the world that we should be looking at to bring our 14 dependencies world wide. The Government recently forces completely up to date. reiterated our responsibility for defence of those dependencies. We run global shipping from London, 9.43 pm the sinews that hold the global trading village together and are a huge earner for this nation. We are the Lord West of Spithead: My Lords, I thank the noble largest European investor in South Asia, South-East Lord, Lord Empey, for raising this debate. It is very Asia, Australasia and key parts of the Pacific Rim. pertinent. I apologise for not having put my name on Global stability is crucial to our investments and our the list of speakers. I was more focused on my Christmas nation’s wealth and security. festivities than on knowing what the business of the House was, but I felt it was very important to speak. I share in the congratulations to the Minister, because he has been very good about briefing us in this House I will speak very briefly on the aircraft carriers— on defence issues, but he will, because he must as a otherwise people might think that I am a one-trick Minister, no doubt talk about balancing the defence pony on that. The Government have begun to get their budget. Yes, the MoD equipment programme was mind around that and understand the importance of overheated—there is no doubt about that—but talking them. They are something that we should be really about a balanced budget is sophistry. Future Force proud of, rather in the sense that we were proud of the 2020, the headmark for the SDSR— Olympic work, employing some 20,000 people across the UK, building these amazing ships. The Government have made it quite clear—certainly the Secretary of Baroness Garden of Frognal: I apologise for interrupting, State did in a conference I was at—that they intend but the noble Lord will be aware that speakers in the running both of them. Yes, there have been a lot of gap have a limit of four minutes. problems. Yes, there have been issues about what aircraft they will have; we now know what aircraft they will Lord West of Spithead: I am aware of that. have. I am glad that the Government are getting to Future Force 2020, the headmark for the SDSR, grips with that. required a 1% increase in defence spending year on However, I believe that our nation is standing into year from 2015-16. The Treasury has allowed only a danger. Since I joined the Royal Navy 48 years ago, 1% increase in the procurement budget. Therefore, the our military has suffered a steady attrition in size and programme is underfunded; and therefore it is not resources. That has happened year on year in all my balanced. The cuts so far have led to an underspend of 117 Armed Forces: Future Size[8 JANUARY 2013] Armed Forces: Future Size 118
£1.3 million, and they are being taken from money nowhere, and there continues to be speculation on that has been voted by Parliament for defence. If, as whether the Israeli military will strike against Iranian David Cameron has argued, defence is the highest nuclear facilities. priority, we must increase defence spending, even if it On top of this the growing strength of al-Qaeda in means cutting other departments’ budgets. Certainly, parts of Africa, the rise of new powers in Asia Pacific, involvement in any more foreign adventures without weak states outnumbering stable states by two to one, that commitment could be catastrophic. I repeat: our and new threats in cyberspace, which have been the nation is standing into danger unless we increase reality in the Middle East in recent months, are all defence spending as a matter of urgency. matters to be taken into account in assessing future developments and priorities. Even though we may not 9.48 pm have predicted at least some significant events that have taken place, forecasting what is going to happen Lord Rosser: My Lords, it is late. Perhaps because in the future is likely to become more, not less, difficult. of that, the interest shown in this debate in terms of Today, energy security, climate change, demographic the number of speakers is limited. Nevertheless, the shifts, and the spread of chemical, biological, radiological issue raised is one of real interest and importance. I and nuclear materials are threats, alongside state-on-state thank the noble Lord, Lord Empey, for giving us the warfare, or contorted religiously inspired terrorism. opportunity to have this debate. The global economic downturn that we face means Relationships between countries and continents, that we and the majority of our allies are making strengths of countries and continents and their levels spending cuts, with unavoidable consequences for of influence change over time. For example, it will not capability and global reach. In the UK the situation be long before the size of the Chinese economy will has not been helped by the fact that decisions taken by exceed that of the United States. China’s military the Government have not yet stimulated domestic capability is also expanding fast and, with it, the growth and austerity is set to be extended. Budgetary confidence in wielding influence and greater political restraint is unavoidable, however undesirable. If we dominance that that brings. The United States, for its are to realise our intentions and ambitions for our part, has made clear that it will be devoting more of its forces they will have to be affordable, and the profile of attention and resources, not least military ones, to the the defence budget will be an expression of our priorities. Far East and China, which will become its new strategic Carrier strike and improved ISTAR are vital. Strategic priority, and fewer to Europe. The United States warning capabilities and intelligence will be crucial in ambassador to NATO has recently been quoted as providing early indicators of threats and potential saying that the NATO allies need to find the money to crises. Two state-of-the-art fighter fleets, advanced spend on military equipment to maintain the organisation’s unmanned vehicles supporting all three services and strength. The US itself accounts for 75% of NATO’s strategic air lift are also key components. Our Armed budget and spends 4% of its GDP on defence. The Forces personnel will continue to be our most important ambassador asserted that the campaign in Libya had asset and skills must also be a strategic capability. We exposed what he described as “worrisome trends” in need highly trained service personnel able to use higher Europe’s ability to act without US help, that some technology platforms and exploiting to the full the European stockpiles had run out and had to be replenished opportunities new technology presents, reservists using by the United States, and that there were a, niche civilian skills in military contexts, not least in the “number of other critical capabilities that the US provided in field of cyberspace and cyber security, and a high-skilled, spades”. broad-based defence industry. Remote surveillance, The future direction for the Middle East, in which manoeuvrability in cyberspace, better communications we have considerable interests, is far from clear. Significant and acting at distance with accuracy are all necessary change, which was not predicted, has taken place in features for our future forces. Egypt, Tunisia and Libya. We have seen the rise of the Muslim Brotherhood as an international phenomenon Alongside this must also be a greater focus on and the Gulf States, including Qatar and Saudi Arabia, international alliance-building. Shared threats and becoming more active players in events. The Sunni/Shia financial challenges demand that we pool resources sectarian animosity in the Middle East continues to be and expertise. The UK/France accord may lay the a telling factor. Syria is in a state of turmoil and that is ground for multiple discrete bilateral or regional having repercussions in the Lebanon and Jordan. It arrangements between nations. NATO, though, is the remains to be seen in which direction Syria goes once primary military grouping through which action will President Assad has left the scene, and in particular be taken, and Europe’s focus should be on greater the impact that this has on the Iranian Government deployability and burden-sharing within the alliance. and stability in the region, since the Iranians back the It is vital that European nations work together towards current Syrian regime. meeting military objectives. European NATO nations Presidential elections are due in Iran in June and are making deep cuts to defence budgets in isolation the current president will have to step down after two of each other and the consequence could be cross-alliance consecutive terms in office. Iran continues to face shortfalls or duplication, which would certainly not be pressure over its nuclear intentions and its economy is the best use of available resources overall. in trouble. Israel also has elections later this month, We also need to consider the opinion of the British though a significant change in government direction people when considering our defence posture in protecting does not appear to be likely. The peace process between and furthering British interests and ideas. The public Israel and Palestine appears at present to be going are wary of interventionism, following recent conflicts 119 Armed Forces: Future Size[LORDS] Armed Forces: Future Size 120
[LORD ROSSER] the interest in this House in the Armed Forces covenant, and the financial crisis. We have to make the case for and would welcome the chance to debate it should the strong, proactive defence postures, with our goal being opportunity arise. prevention before intervention, and early intervention The noble Lord also asked whether Armed Forces before conflict. advocates had been appointed from all parts of the Diplomacy can be more effective than the painful United Kingdom. I can confirm that there are now cure of military action, albeit that a key function of Armed Forces advocates in the devolved authorities of our Armed Forces is to deter and be a credible threat Wales and Scotland. Both Wales and Scotland have to those who wish us and our allies harm. Whether in produced their own commitment papers on how they tackling climate change, investing in civil society and will implement the covenant, as well as contributing to governance or diplomatic engagement, the spectrum the Secretary of State’s statutory report. An Armed of soft-power capabilities at the UK’s disposal to Forces advocate has not been appointed by the Northern defend our interests and promote our ideas in the Ireland Executive, as their strict equalities legislation world should be capitalised on. means that implementation of the covenant is more Defence is becoming more intricate and complex complicated. while the world is becoming more interdependent, and Additionally, many local authorities in England, we need a policy response as broad as the threats Wales and Scotland have appointed local Armed Forces that we face. We must aim to have flexible forces with advocates or champions as part of their commitment whole-spectrum capabilities, able to respond rapidly to the community covenant, working with local whether through preventive measures, reactive disaster communities to improve access to services and support relief or multilateral interventions, and we must ensure for serving and ex-service men and women and their that our intentions and ambitions for our forces are families. Relevant UK government departments also affordable and can be financed, with the needs of the have Armed Forces advocates, all of whom are represented front line being matched to those of the bottom line. on the Covenant Reference Group and are responsible for making sure that their departmental policies uphold 9.56 pm the principles of the covenant. As the noble Lord explained, we live in an uncertain The Parliamentary Under-Secretary of State, Ministry world. As such, we need to ensure we have the capabilities of Defence (Lord Astor of Hever): My Lords, I, too, to adapt and address a very broad range of challenges. am grateful to the noble Lord, Lord Empey, for The NSS and the SDSR made a number of strategic introducing this timely debate. It is clear that on all choices: to support the deficit reduction programme; sides of the House we share respect for the determination, to seek to maintain the UK’s international profile; and professionalism and bravery of our Armed Forces. to honour our operational commitments in Afghanistan. The noble Lord is correct that the welfare needs of They remain at the heart of this Government’s approach our service personnel are, and will remain, a key to foreign, defence and national resilience policies. priority—a duty that we extend to our veterans as The NSS also acknowledged the uncertainty of the well. The Armed Forces have long-standing structures future strategic environment, and the SDSR responded in place to support service families, including welfare by prioritising those capabilities across government officers, trained social workers and other specialists. that will allow us to adapt to changes as they happen. Under the Armed Forces covenant, the Government The noble Lords, Lord Empey and Lord West, and have made good progress on improving the care that my noble friend Lord Palmer all mentioned carrier we provide—for example, by doubling council tax strike. We will have planes. We will have the B variant relief to £600 per six-month deployment and ensuring of the Joint Strike Fighter—the STOVL variant—which, that Armed Forces compensation scheme payments as the noble Lord, Lord West, knows flew very successfully are excluded from means-tested social benefits. off the USS “Wasp” in November 2011. There is much that we are doing with regard to In the SDSR the Government confirmed our belief veterans. The Armed Forces mental health strategy that it is correct for the United Kingdom to retain, in enables the co-ordination of policy, and focuses efforts the long-term, a carrier-strike capability. In the short and resources where they are most needed. We have term, however, there are few circumstances we can also ensured that veterans will be given priority treatment envisage where the ability to deploy air power from the on the NHS for all service-related conditions. sea will be essential. That is why we reluctantly took We work hard to ensure that our service personnel the decision to retire the Harriers and Invincible-class transition smoothly back to civilian employment. All carriers before the new carriers become operational. personnel are entitled to assistance through this process. We did not take this decision lightly, but did so mindful The single services, in partnership with Right of the current strategic context in which we live. The Management, work with service leaders to deliver a decision on the second carrier will be one for the next range of practical assistance, including training and SDSR after the general election. assistance with recruitment. My noble friend Lord The Middle East remains a significant source of Ashcroft, the Prime Minister’s special representative instability. One immediate risk, as noble Lords said— for veterans’transition, will be reviewing current processes, and we look forward to his recommendations. Lord West of Spithead: Just on a point of clarity, The noble Lord, Lord Empey, made reference to the Secretary of State said that it was an aspiration of the annual report on the Armed Forces covenant, this Government that they would run two carriers which was notified to Parliament last month by means although the final decision had not been made. Is that of a Written Ministerial Statement. I warmly welcome the correct decision? 121 Armed Forces: Future Size[8 JANUARY 2013] Statute Law (Repeals) Bill [HL] 122
Lord Astor of Hever: My Lords, I am not sure what reduce some capabilities less critical to today’s the Secretary of State said but I can confirm that this requirements. The SDSR gave us the full structure of is definitely a decision for the SDSR. It is my personal Future Force 2020 which, by the next decade, will aspiration that we have a second carrier operating. enable us to deliver our adaptable strategic posture. It As the noble Lord said, an immediate risk is the is based on our assessment of the forces required to collapse of the Syrian regime. We will continue to meet our standing commitments, while conducting support our allies in the region and would like to see a three overlapping operations: a simple, non-enduring diplomatic solution but we cannot afford to remove intervention; a complex non-enduring intervention; options from the table at this stage. Our current posture and an enduring stabilisation operation. in the region supports UK interest in international The top defence priority remains success in efforts by securing globally important economical arteries, Afghanistan. As we move towards Future Force 2020, including the Strait of Hormuz, ensuring the well-being the ability of our Armed Forces to respond to additional of regional partners and contributing to regional security. contingent tasking is kept under constant review by The UK currently has one frigate, one destroyer, the Ministry of Defence. It is from this realistic capacity four mine hunters and two Royal Fleet Auxiliary that additional commitments are delivered. support vessels deployed to the Gulf conducting maritime In response to the question of the noble Lord, Lord security operations. I can assure the House that the Empey, relating to the violence in Northern Ireland, Government continue to keep the Middle East under first, I am sure that the House will join me in condemning constant review. We will adapt as required to meet any the violent demonstrations that we have witnessed emerging threats wherever they may arise. recently. We should recognise the outstanding efforts While responding—and being prepared to respond—in of the PSNI and the bravery demonstrated by police the Middle East, we have continued to make significant officers in maintaining law and order. I call on all progress in Afghanistan. We have built the capability political parties in Northern Ireland to engage in of the Afghan national security forces so that they can dialogue to resolve disputes peacefully. The violence prevent Afghan territory from ever again being used witnessed does not represent the true face of Northern as a safe haven by international terrorist groups such Ireland’s business and community sectors and wider as al-Qaeda. We have helped to underpin a more stable society.Although military operations in Northern Ireland Government and have overseen elections. We have ceased in 2007, our Armed Forces continue to play an demonstrated the Armed Forces’ ability to act elsewhere, important role supporting the Police Service of Northern such as in the seas off Somalia, where we are working Ireland. I assure the noble Lord that this will continue. alongside navies from around the world to control the My noble friend Lord Palmer asked how many spread of piracy. generals we will have in an Army of 82,000 and in The noble Lord, Lord Empey, asked about nerve France. I cannot today give my noble friend a specific agents and chemical weapons. Happily, I can confirm answer on the number of generals, but I assure him that insurgents in Afghanistan have not used nerve that, proportionally, there will be a greater decrease in agents or other chemical weapons against coalition major generals and above compared to brigadier and forces. There have been a few cases in Iraq where below. improvised devices containing industrial chemicals and My noble friend also asked about Iron Dome. The small quantities of chemical agent were detonated, but UK currently has no plans to develop or acquire these did not result in any coalition fatalities. I can national ballistic missile defence capability. However, also assure the House that our Armed Forces are each SDSR provides an opportunity to review this adequately equipped and trained to operate in an position against projected threats. Iron Dome is not a environment where these threats exist, both overseas ballistic missile defence system, but is designed to and in the UK. provide relatively short-range protection again rockets The noble Lord asked me to outline the Government’s and artillery shells. Its role is comparable to the maritime policy on the replacement of the Trident system. It close-in weapons systems deployed by the UK in remains as set out in the SDSR. We will maintain a Operation Telic to protect UK forces in Basra. continuous submarine-based deterrent and will begin I will respond to my noble friend on the issue of the work of replacing the existing submarines. Work generals and the other questions that he asked. on the assessment phase of the replacement submarine programme has been under way since May 2011. The final decision as to whether to proceed with the Main Trusts (Capital and Income) Bill [HL] Gate investment decision for the replacement programme Returned from the Commons will take place in 2016, after the next election. The Bill was returned from the Commons agreed to. I can reassure my noble friend that the Armed Forces are not subject to overstretch. As we recover and recuperate from Afghanistan, our flexibility will Statute Law (Repeals) Bill [HL] be greatly enhanced. The SDSR set out plans to Returned from the Commons transform defence so that we emerge with a more coherent capability in the future, under what is known The Bill was returned from the Commons agreed to. as Future Force 2020. This required tough decisions to scale back the overall size of the Armed Forces and House adjourned at 10.09 pm.
GC 1 Public Bodies Order 2013[8 JANUARY 2013] Public Bodies Order 2013 GC 2
wanted reassurance that the transfer would not impact Grand Committee on the ability of former employees to make legal compensation claims for industrial diseases suffered Tuesday, 8 January 2013. as a result of their employment with British Shipbuilders. The department confirmed that the transfer would 3.30 pm have no impact on the ability of former employees to claim legal compensation for industrial diseases suffered as a result of their employment with British Shipbuilders. Public Bodies (Abolition of British An impact assessment in relation to the abolition of Shipbuilders) Order 2013 British Shipbuilders was not carried out as the savings from the abolition will amount to around £15,000 per Considered in Grand Committee year. This saving will reflect the reduced need for Moved By Lord Gardiner of Kimble company secretarial services post abolition. That the Grand Committee do report to the A firm of solicitors is contracted to manage all House that it has considered the Public Bodies industrial disease compensation claims of British (Abolition of British Shipbuilders) Order 2013. Shipbuilders. A separate company is contracted to deal with pension services, which involves investigating Relevant documents: 14th Report from the Secondary and handling unrecorded claims from former employees. Legislation Scrutiny Committee, 11th Report from These contracts will be transferred to the department the Joint Committee on Statutory Instruments. immediately prior to abolition. As required by the Public Bodies Act, the Government Lord Gardiner of Kimble: My Lords, I start by have obtained the consent of Welsh Ministers for this reassuring your Lordships that while this order will order. We are also in the process of seeking consent abolish British Shipbuilders as a public corporation, from the Northern Ireland Assembly and the Scottish its liabilities will transfer to the Secretary of State for Parliament. We understand that the Northern Ireland Business, Innovation and Skills. On this basis, there Assembly and the Scottish Parliament will consider will be no impact on the ability of British Shipbuilders’ this order over the coming weeks. former employees to claim legal compensation for industrial diseases suffered as a result of their employment Following the abolition of British Shipbuilders, the with British Shipbuilders. department will be responsible for the contracts that deal with the industrial disease claims and pension British Shipbuilders was constituted by the Aircraft queries. Post abolition, future compensation claims and Shipbuilding Industries Act 1977. British Shipbuilders will be paid directly by the department and will be owned and managed large parts of the UK shipbuilding included in the department’s annual accounts. For industry. British Shipbuilders privatised all its active these reasons, I beg to move that the Committee do shipbuilding subsidiaries, initially through the privatisation consider the order. of the war shipbuilding yards in 1985 and 1986, and subsequently through the sale of the merchant yards and the one remaining engine manufacturer. Lord Young of Norwood Green: My Lords, I welcome the Minister’s assurances on any outstanding British Shipbuilders is no longer a trading enterprise compensation or pension claims. I do not think I need and does not have any funds of its own. It exists to make any further comments in these circumstances. mainly to meet residual liabilities to its former employees. I am not establishing a precedent for any other debate, This legal responsibility is funded in total by the but we can start the new year on a happy note. Department for Business, Innovation and Skills. Funding these residual liabilities currently costs the department about £7 million a year in health-related compensation Lord Gardiner of Kimble: My Lords, I thank the payments. These payments are mainly as a result of noble Lord, Lord Young of Norwood Green, for asbestos-related diseases. considering the order so briefly, which is appropriate British Shipbuilders was considered as part of the in these circumstances. British Shipbuilders is effectively Government’s public bodies reform programme and a shell company, with its main remaining function to our commitment to reduce the number and cost of act as a vehicle through which the long-term disease quangos. British Shipbuilders does not perform the liabilities of former employees are managed. As British functions for which it was originally created and does Shipbuilders has no funds of its own for this purpose, not need to remain a public corporation. The Government it is completely dependent on the financial backing of therefore put forward a proposal to abolish it using the the Department for Business, Innovation and Skills. powers of the Public Bodies Act, which received Royal As I have already mentioned, the abolition of British Assent in December 2011. Shipbuilders will not impact on the ability of former employees to claim legal compensation. After the The Department for Business, Innovation and Skills consideration against the criteria set out in the Public launched a consultation in February last year on the Bodies Act, the Government have concluded that British proposal to wind up British Shipbuilders and transfer Shipbuilders does not need to be a public corporation its property, rights and liabilities to the Secretary of in order for the Government to meet its residual State for Business, Innovation and Skills. The department liabilities. Abolishing British Shipbuilders as a corporation received four responses to the consultation, none of will avoid the need for it to function as a shell company, which objected to the proposal but two of which employ a company secretary and produce an annual GC 3 Public Bodies Order 2013[LORDS] Public Bodies Order 2013 GC 4
[LORD GARDINER OF KIMBLE] commitment to reduce the number of quangos. The report and financial accounts. I thank the noble Lord tribunal has been defunct for 30 years and does not for his contribution to the debate and commend the have any further cases to consider. The Government order to the Committee. therefore put forward a proposal to abolish the tribunal using the powers of the Public Bodies Act. The Motion agreed. Government are in the process of seeking consent for this order from the Northern Ireland Assembly, and I understand that the Assembly will consider this order over the coming weeks. The Government have consulted Public Bodies (Abolition of the Aircraft Scottish Ministers as required by the Public Bodies and Shipbuilding Industries Arbitration Act and, although it is not required under the law, Tribunal) Order 2013 have consulted Ministers in Wales. For these reasons, I Considered in Grand Committee beg to move that that the Committee consider this order.
3.36 pm Lord Jones: My Lords, I thank the Minister for his Moved By Lord Gardiner of Kimble considered and courteous introduction. I rise to support not to oppose what he proposes. I note that both That the Grand Committee do report to the orders carry the date of 1977 as a start point. In an House that it has considered the Public Bodies attempt to give brief context to these orders, I point (Abolition of the Aircraft and Shipbuilding Industries out to the Minister that the Aircraft and Shipbuilding Arbitration Tribunal) Order 2013. Industries Act was hugely controversial at the time of its enactment. I was present in the other place as a Relevant documents: 14th Report from the Secondary Member of the then Administration, and I would be Legislation Scrutiny Committee, 11th Report from the first to say that 35 years is a very long time. It is the Joint Committee on Statutory Instruments. just possible that the Minister, with his expertise and his group of able advisers, will also remember when Lord Gardiner of Kimble: My Lords, the Aircraft the legislation was enacted but, if not, perhaps a few and Shipbuilding Industries Arbitration Tribunal was brief remarks on whence the orders have sprung may established by the Aircraft and Shipbuilding Industries not be amiss. Act 1977. It was created to determine any question or The legislation engendered massive confrontation dispute which was expressly required by the Act to be in the Chamber of the other place. It was hugely subject to arbitration or any matter in respect of controversial. As the legislation made its way in the which jurisdiction was specifically given to the tribunal Committee corridor, it was often almost impossible to by the Act. In practice this meant considering disputed enter the Committee Room because of the huge number valuations of assets at the point of nationalisation. of interested parties—in shorthand you might say The Aircraft and Shipbuilding Industries Act 1977 they were lobbyists, of the most honourable kind—from nationalised three aircraft companies and most of the the industries concerned. Also there were trade unionists major shipbuilding companies that were based in England who knew that they had a problem concerning their and Scotland. The Act created British Aerospace and long-term employment. In the Chamber itself, on the British Shipbuilders as public corporations. The tribunal fateful night, the nature of the legislation was challenged. was established in 1978 and considered two applications, Was it a hybrid Bill or was it not? The consideration of one from stockbrokers in respect of Cammell Laird such proposals by the then Administration was hugely and the other on behalf of Vickers auditors. The controversial. In the vote of that night, there was a tie, tribunal completed its determination of both cases and it was for Mr Speaker Thomas, as he was then by 1981 and has not met since. British Shipbuilders known, later Lord Tonypandy, to make the decision. subsequently sold its shipyards and British Aerospace In terms of tradition, he cast his vote where the was privatised. Government’s proposals lay—a time-honoured practice. At that time, the then Secretary of State for Industry The Department for Business, Innovation and Skills was Mr Eric Varley, who subsequently entered your launched a public consultation on the abolition of the Lordships’ House, having had a distinguished political tribunal in February 2012. This was a six-week rather career. Mr George Thomas, as he then was, came than a 12-week consultation as the tribunal had been under huge pressure on that night and in the months defunct for such a long time. The department sent leading up to that fateful vote, because his decision in copies of the consultation to the relevant trade body the end on advice from his clerks would be crucial. and to the companies that had been part of the I thought that your Lordships would need to know the public corporations and continue to operate following content of this set of orders. privatisation. The department received two responses It was historic because, in the early 1970s, the to the consultation, both of which supported the Upper Clyde shipyard was occupied, and the occupation, proposal to abolish the tribunal. An impact assessment which was very controversial and huge in Scotland, was has not been produced because abolition of the tribunal led by a legendary trade unionist, Mr Jimmy Reid. He will not generate any savings. It is a tidying-up matter. enunciated a famous principle in the thick of the fight, The Aircraft and Shipbuilding Industries Arbitration saying that a rat race was for rats. I pass hurriedly by Tribunal was considered as part of the Government’s on that. Following the occupation came the astounding public bodies reform programme and the Government’s requirement to nationalise the iconic Rolls-Royce factories. GC 5 Public Bodies Order 2013[8 JANUARY 2013] Charging Orders Regulations 2012 GC 6
3.45 pm I have read the report from the committee. There By my mentioning those two industrial developments, was some concern about the consultation, but I think you can understand the nature of the challenges that that in the end it was prepared to accept that it was Britain was then facing. That Act was an attempt to sufficient, so I have no further comments to make. shore up Britain’s manufacturing base—there were other measures. Shipbuilding then was a huge industry; aerospace was a huge industry; coal was a huge industry; Lord Gardiner of Kimble: My Lords, I thank the and steel was a huge industry. In relatively short years, noble Lords, Lord Jones and Lord Youngof Norwood those industries virtually disappeared and with them Green. I particularly thank the noble Lord, Lord came colossal redundancies and major unemployment Jones, because he put into a fine historical context which ran on into the 1980s. The vote that evening some of the dilemmas of that part of our industrial proved that the then Administration’s hold on power history. I took on board the point about manufacturing. was tenuous and, by 1979, another, most famous, One of the challenges that we have had in this country Premier took the reins of power. is that we have not thought as much as we should have about how we ensure that there is a British manufacturing Today, no airliner is manufactured in Great Britain. base. I particularly took on board the noble Lord’s There is the magnificent making of wings in north-east point about aircraft. Wales by Airbus, but there are no airliners of standard size made now in this nation. We would be very hard- There is good news on motor vehicles, where we are pressed to find a truly significant shipbuilding industry now beginning to see some very good statistics on the outside one or two sites in the north. production of vehicles. In fact, if my memory serves Additional to Upper Clyde and Rolls-Royce there me right from a briefing a few months ago, we are now was during the Heath Administration the OPEC nations’ manufacturing more cars than we are importing. It is decision in November 1973 to increase the price of oil a great accolade to the management and the work by four times. The consequence of that was massive force for working so well together that we have these inflation and subsequent unemployment. The 1977 successes. Act and consequential subsidiary legislation were attempts However, returning to the job in hand in regard to to cope with world-shaking eventualities. the Aircraft and Shipbuilding Industries Arbitration The noble Lord, Lord Healey, who was at that time Tribunal, as I have said, it has been defunct for the Chancellor of the Exchequer, had to face up also more than 30 years and has no assets, employees or to the suggestions of the International Monetary Fund. further cases to consider. After consideration against The then Prime Minister, Mr James Callaghan, needed the conditions set out in the Public Bodies Act the to get majorities for his legislation in that Parliament. Government have rightly concluded—and noble Lords Although he did not form a coalition, he seemed to on all sides of the Committee have agreed—that the reach some form of understanding with the then leader tribunal no longer needs to exist and that abolishing it of the Liberal Party, who is now a Member of your would tidy up the regulatory landscape. It is for those Lordships’ House. reasons that I commend the order to the Committee. I perceive that legislation as being part of a nation’s attempt to hold on to its manufacturing base. It does Motion agreed. not appear to have been very successful, in so far as manufacturing now accounts for perhaps 12% or a little less of GDP. We now face massive challenges from the east. I was grateful for the Minister’s considered Charging Orders (Orders for Sale: introduction and I hope that my remarks will enable Financial Thresholds) Regulations 2012 him and his very able advisers to have a better context Considered in Grand Committee thereafter.
Lord Young of Norwood Green: My Lords, I, too, 3.54 pm support the order. As usual, I am grateful to my noble Moved By Lord McNally friend Lord Jones for a tour d’horizon and history lesson. Some of it I remembered well, and some not so That the Grand Committee do report to the well—so I was exceedingly grateful. I hesitate to correct House that it has considered the Charging Orders him on one matter, and he can tell me whether I have (Orders for Sale: Financial Thresholds) Regulations got it wrong, but I thought that, in relation to the 2012. Upper Clyde, it was not just an occupation but a work-in that Jimmy Reid organised, which was unusual Relevant document: 13th Report from the Joint at the time. Committee on Statutory Instruments
Lord Jones: Amendment accepted. The Minister of State, Ministry of Justice (Lord McNally): My Lords, the purpose of this draft order is Lord Young of Norwood Green: I know that because to introduce a financial threshold of £1,000 for the it was not so long ago that there was a programme on enforcement of charging orders by an order for sale Radio 4 relating to it. However, the noble Lord, Lord where the charging order was made to secure the Jones, was right to give us that historical context and payment of money owed under an agreement regulated to set the scene. under the Consumer Credit Act 1974. A charging GC 7 Charging Orders Regulations 2012[LORDS] Charging Orders Regulations 2012 GC 8
[LORD MCNALLY] effective enforcement we risk jeopardising the authority order made in such cases may not be enforced by way of the courts and public confidence in our justice of an order for sale where the amount owing, including system, as well as there being a negative impact on the interest, is less than £1,000. economy if lenders are not confident that they can recoup money that is rightly owed to them. Before I go into greater detail about the order, let me briefly provide background on charging orders Following extensive public consultation, we intend and orders for sale. When a creditor has not received to introduce a £1,000 financial threshold, as set out in payment for a court judgment, they may apply to the the draft regulations. While this differs from the £25,000 court to enforce that judgment. They have several threshold set out in the coalition agreement, it was enforcement options open to them, including applying concluded to be the most appropriate level at which for a charging order on a debtor’s property or asset. the necessary balance between the rights of debtors While the majority of charging orders are made against and the rights of creditors could be most effectively struck. property, the provisions themselves also cover land While stakeholder opinion was, perhaps predictably, and stocks and shares. split between creditors and debtors, there were other groups who also held strong opinions—for example, The purpose of the charging order is to secure the legal profession and the judiciary. the debt. It does not, in itself, lead to repayment of the A number of arguments against a high financial debt until the debtor sells their asset. The creditor may threshold, or even any threshold, were given. With a also choose to pursue other enforcement options or high threshold, such as £25,000, there is a risk that make a further, separate application for an order for creditors may seek to recover their debt by initiating sale. This application seeks the court’s permission to bankruptcy proceedings as an alternative to enforcement. enforce the existing charging order by ordering the This would be a more draconian outcome for debtors sale of the property, or other asset, either immediately than an order for sale. As many noble Lords will be or at some point in the future if a suspended order is aware, bankruptcy often results in debtors losing their made. homes, whereas the protections which are already in Both the application for a charging order and the place within the enforcement system—and which will further application for an order for sale are always continue to be in place if these draft regulations listed for hearing before a judge and so are subject to are approved—protect most debtors from losing their case-by-case judicial discretion and case law. In each homes. case the judge will consider, among other things, the proportionality of the debt as set against each of the 4pm parties’ assets and commitments; whether—if it is a property in question—it is the primary residence of A high threshold may mean that creditors may be the debtor or a secondary residence or a commercial less likely to risk providing unsecured credit if it is property; who else may reside within the property, seen to be more difficult to recover. This would reduce including children; the balance of rights between the the availability and increase the cost of unsecured creditor and the debtor; and whether the debtor should lending, which can be a valuable and much needed be granted additional time to pay, resulting in a suspended source of credit to some individuals. It is also important order. to remember that when we talk about creditors, this does not just mean large organisations. It also Evidence shows that under the existing arrangements means individuals and small businesses which may be only a very small proportion of charging orders—some severely impacted by a high threshold, as debts below 0.5%—result in an order for sale, and some of these £25,000 may represent a significant proportion of may be suspended orders. This is in part due to the their commitments and assets, making it important fact that the process of applying for, calculating potential that they can recover this where possible. equity in and administrating the sale of a debtor’s This brings me back to judicial discretion. As I property is economically risky for creditors. This, together described earlier, this already provides a great deal of with case-by-case judicial discretion, means that it is protection to debtors, yet balances this against the very rare for debtors to lose their homes as a result of needs of creditors. Responses to the consultation indicated a charging order. that there was significant danger that introducing a threshold, especially a very high one, would restrict With that background, I turn to the reason for the such discretion in individual cases. We do not want regulations before us today. Although it is indeed very this to be an unintended consequence of introducing a rare for debtors to lose their homes as a result of a threshold, so a lower threshold of £1,000 was seen as charging order, it is important that the Government a proportionate response. It maintains the flexibility ensure that all appropriate safeguards are in place to of discretion while ensuring that those with a lower ensure that this does not happen as a result of what level of debt are protected from applications for orders might have originally been relatively small, unsecured for sale. borrowing. The coalition commitment to introduce a threshold for orders for sale applications reflects this. In conclusion, the Government’s commitment to However, it is also essential that protection for debtors provide protection to debtors holds strong. We believe is balanced against the rights of creditors. The that the implementation of these regulations will deliver Government believe that responsible creditors who this protection without a disproportionate effect on are owed money and have gained a judgment in court the successful recovery of debt by responsible creditors. have the right to enforce that judgment. Without We have taken all stakeholders’opinions into consideration GC 9 Charging Orders Regulations 2012[8 JANUARY 2013] Charging Orders Regulations 2012 GC 10 and have tailored our approach in the light of this to not normally small concerns; they are consumer credit ensure that we are introducing the most appropriate agreements and it is often large firms that lend money threshold level. I therefore commend this draft order in this way. to the Committee and I beg to move. It seems that the Government are missing an Lord Beecham: My Lords, the Minister has outlined opportunity to carry out one of their more welcome the position in relation to charging orders and orders pledges in the original coalition agreement and that for sale but has omitted—with respect—a couple of they will achieve virtually nothing in the way that highly relevant factors. The first is that we are here these regulations have been put forward. Furthermore, dealing with consumer credit arrangements and the looking at the timing, it is rather surprising that the lender has already priced in the possible risks of not regulations referring to charging orders were put through recovering his money. Therefore, we are seeing something quite separately from these regulations. It seems to me like double jeopardy, with the debtor having in any that in principle they are linked and that it would have event to pay a higher rate of interest than would been better if the two had been considered alongside normally be the case—and would certainly be the case each other at the very least, because the former has in the event of a secured loan—and also having now to clearly paved the way for quicker action by creditors, face the possibility of an order for sale based on a who see an opportunity to collect their debt via this charging order. process. I have to confess that I certainly had not taken note Citizens Advice has long campaigned on this issue of the regulation introduced last October which allows and it produced a report called Out of Order some charging orders to be made—not the order for sale, three years ago. It raised some interesting points not but the initial charging order—even before the debtor only on the matters that we are discussing today but has defaulted on the loan agreement. In other words, also by asking what the Government might do about it is effectively at the option of the creditor to convert non-consumer credit agreements, for which these an unsecured loan into a secured loan, even before any protections, such as they are, are not available. I am default has been made. That is surely not a satisfactory bound to admit that this is somewhat beyond the proceeding. The coalition is to be commended for its scope of these regulations but I ask the Minister original agreement to establish a significant threshold. to indicate—if he can today but, if not, perhaps Moreover the last Labour Government, who I am subsequently by letter—whether the Government are bound to say facilitated some of these proceedings, are looking at non-consumer credit agreements. Clearly, to be congratulated on not in fact proceeding with particularly in the present economic climate, there is a their original intention of making orders rather like risk of many more debtors falling into greater these and explicitly withdrawing from advancing such difficulty and creditors pursuing them by these means. orders in 2009. That might lead not only to difficulty for borrowers and their families but ultimately, in the event of The accompanying Explanatory Notes and orders for sale proceeding, to a greater charge on the evidence base for this order disclose quite clearly that public purse. there is a significant number of cases under £25,000, but there is not much in the way of detail. Indeed, paragraph 211 of the report openly admits that the Of course, as the noble Lord pointed out and as data set is very limited, meaning that any conclusion the Explanatory Memorandum and other documents drawn from it is not robust. What is significant is that indicate, judicial discretion has to be considered, at the moment something like 10% of applications for although it has to be said that, in the view of Citizens charging orders are below £1,000. That is not a large Advice, it is by no means clear that that discretion will number; in fact, it is almost so insignificant as to be frequently exercised in the face of pressure from make one wonder why the Government are bothering creditors. Citizens Advice takes the view that orders at all to proceed with these regulations. The number for sale should be permitted only where there is a of charging orders made for loans above £25,000 is willing default—that is, where it is not a question of very small indeed—some 6.7%—and there are not a somebody having a capacity to maintain the large number of cases altogether. However, what is payments but where they decline to do so. Citizens significant is that it would appear that in 2009-10 Advice agrees that where a wilful default is made by ultimately 566 orders for sale were granted, which was people who can afford to meet the debt, a charging double the number of orders made as recently as order and an order for sale will be an appropriate last 2005. Therefore, on the face of it, there is a growing resort. The trouble is that, as matters have developed, trend to rely on these orders. it is more likely to come about much earlier than as a last resort for people without the capacity to pay One reason advanced for not having a threshold and, equally, without any wilful component in their higher than £1,000 is that it is open to a creditor to behaviour, thereby exposing vulnerable people to pursue bankruptcy proceedings on any debt exceeding what might well be regarded as predatory action by £750. However, that of course then raises the question less than scrupulous creditors. That would be an of whether that is a reasonable level in itself. Why have unfortunate outcome which I am sure the Minister— the Government not addressed the level at which because I remember some of his remarks when we bankruptcy proceedings might be instituted and aligned discussed this in debates on the Crime and Courts it properly with a reasonable level, particularly bearing Bill—would have little sympathy with but it may in mind, as I said, that the risk has already been priced perhaps be an unanticipated consequence of the into the cost of the loans by these creditors? These are regulations before us. GC 11 Charging Orders Regulations 2012[LORDS] Charging Orders Regulations 2012 GC 12
Lord McNally: My Lords, I am very grateful to the 4.15 pm noble Lord, Lord Beecham, for that constructive response. The availability of charging orders is also likely to I know from our exchanges during the Crime and dissuade frustrated creditors from opting to use Courts Bill of his long-standing interest in this area bankruptcy law against debtors. A successful bankruptcy and I understand why he continues to probe on the decision against a debtor would expose him, as I said, matter. The Government remain committed to providing to his house and all his properties being repossessed. I more protection for debtors and we are taking appropriate have tried to be frank with the Committee, as has the action to ensure that that happens. When we debated noble Lord, Lord Beecham, and I understand the this on the Floor of the House, and again today, the campaign waged by Citizens Advice on this matter— noble Lord pointed out that the coalition agreement indeed, it may have influenced the original coalition talked about a £25,000 limit and we now talk of agreement. However, after consultation, and in trying £1,000. I suppose that the honest answer is that that to get the balance right, we have come up with this was the outcome of the consultation. We now feel solution. We will of course keep the matter under that the balance of what we wanted to do is better met review. As to matters outside the credit regime, I was by the guideline of £1,000 rather than £25,000, not least passed a helpful note which tells me that we will write because we were advised that the higher limit could steer to the noble Lord on the issue he raised. creditors more in the direction of bankruptcy solutions, with the impact that I indicated on house ownership, rather than a settlement under these regulations. Lord Beecham: My Lords, I would be grateful if the Minister could clarify a couple of matters. He referred We were also very much influenced by the judiciary, to the order allowing charging orders to be applied for, which believes that a very low threshold, with a great but is he aware that under the regulations enacted last deal of judicial discretion, provides a far more guaranteed October it would be possible to do that without the protection for the creditor than the protection afforded debtor having at that stage defaulted? That would by a higher level— seem to convert an unsecured loan into a secured one. My second question relates to responses. Am I right in thinking that the balance of responses reflects the Lord Beecham: For the debtor. fact that most of those responding were creditors rather than debtors, their representatives or organisations interested on behalf of debtors? Lord McNally: For the debtor, yes; I am sorry. Lord McNally: My Lords, the balance reflected the With these things it is always a matter of judgment. interests of the responders. The noble Lord is quite The judgment that we have come to, and the level we right: the creditors had one set of priorities and those have set it at, is the result of consultation, with the aim speaking out of concern for debtors had others. That of striking a right and proportionate balance that will is the nature of consultations, as the noble Lord will give power and flexibility to the judiciary and a degree be aware. I also pray in aid the strong view of the of protection for the lower levels of debt. judiciary that it wants to retain as much judicial The noble Lord asked about early enforcement of discretion as possible. In my remarks I listed the clear parts of the Tribunals, Courts and Enforcement Act considerations that a judge takes and the fact that 2007. Following the Solving Disputes consultation paper these matters come before a judge. we implemented Section 93 of the TCE Act. It closes On the issue of whether it is pre-emptive, as it were, an existing loophole, providing a greater degree of under the measures that we took last October, as I security to creditors and encouraging debtors who are explained, it gives debtors who are in financial trouble in financial trouble to make more reasonable yet affordable the opportunity to make more reasonable and affordable offers to pay. offers to pay. The noble Lord appears to be saying that adjustments can be made only after disaster has struck, The Government consulted on introducing this but that is not my reading. If I am not right in my section in 2010 in their Solving Disputes in the County interpretation I will write to the noble Lord. However, Courts paper. Some 74% of respondents supported its it seems to me that it provides an opportunity to introduction, arguing that it offers protection both for intervene in a constructive way when people are running creditors, for whom a charging order is often the only into difficulty. effective long-term solution to recovering a liability, and for the debtor. By commencing Section 93 of the Act we have given creditors a certain ability to convert Lord Beecham: My Lords, I am grateful to the unsecured loans to secured loans. I am sorry—I had Minister. However, as I understand it, the order does better clarify that. One of the criticisms that has been not require the debtor to be in any difficulty or to have made is that we have given creditors the ability to made any default at all before the charging order can convert unsecured loans to secured loans by be applied for. That does not mean, of course, that the extending the use of charging orders in this way. We order for sale would automatically follow, but it is a do not believe that that is true. Charging orders are precursor to that and can arise even before any default used to secure an unpaid judgment debt, not a loan. has taken place. We are unable to take this much Legitimate judgment creditors who have obtained a further today, but I invite the Minister to look at the valid judgment through the courts should have the situation in due course. right to enforce the judgment by the most appropriate means available. Motion agreed. GC 13 Charging Orders Regulations 2012[8 JANUARY 2013] Sri Lanka GC 14
Baroness Garden of Frognal: My Lords, the proceedings certainly vast funding was still available, and the have moved very quickly and we are missing some propaganda machine was alive and well in the sense speakers for the next debate. I therefore propose that that the propaganda was still being pumped out. That the Committee adjourn for 10 minutes. affected particularly the million or so members of the Tamil diaspora who had left because of the conflict. The Deputy Chairman of Committees (Lord Colwyn): They were clearly leant on—we know this from the My Lords, I suggest that the Committee adjourn until evidence gathered in many countries—and as a result half-past four, which is 10 minutes. western Governments understandably felt that they had to listen. Whether or not they felt that they had to 4.20 pm act is another matter. In my view, if today’s debate is to do any good, we Sitting suspended. need to look impartially at what has happened. The LLRC was set up on 15 May 2010, one year after the defeat of the Tigers and the end of the war. The very Sri Lanka fact that it was set up deserves a tick as that was a Question for Short Debate good action. The more than 1,000 oral and more than 5,000 written submissions indicate that an awful lot of people responded to it. The key point is that the report 4.30 pm was published in full, is extremely thorough and is Asked By Lord Naseby based on the key principles of restorative justice rather than retributive justice. Those of us who know south To ask Her Majesty’s Government what is their and south-east Asia well will appreciate that it very assessment to date of the implementation of the much reflects the philosophy of the five principles of independent report from the Lessons Learnt and Buddhism and indeed the principles of Hinduism. Reconciliation Commission in Sri Lanka, and of People of real eminence in that society were appointed the challenges facing Sri Lanka in implementing to the relevant body. Sri Lanka has been criticised for recommendations still outstanding. doing that and for not inviting international observers to participate. However, we chose to have “good eminent Lord Naseby: My Lords, first, I thank colleagues people” from our own Civil Service, and people from who wish to say something about Sri Lanka this that sort of background, on our Chilcot commission. afternoon. I appreciate that very much indeed. I would The report we are discussing was produced just over a like to place on record the fact that the noble Lords, year ago, whereas three years on we still do not have Lord Bilimoria and Lord Sheikh, are in the sub-continent the Chilcot report and none of us really knows when it and send their apologies to the Committee for being will come out. unable to be here this afternoon. The other people who were making noises at that As I think the Committee well knows, I have no time were the human rights groups, the International interests to declare other than the fact that I have been Crisis Group, Human Rights Watch and Amnesty. interested in Sri Lanka for 50 years, since I first Sadly, each refused to give any evidence at all on the worked there for the Reckitt and Colman group in grounds that they did not like the make-up and, in 1963. I had absolutely no political interests at all at their view, the independence of the eminent persons. I that time. I have paid two key visits among many. One think that that is a great pity and shows non-objectivity was in January 2009 at the height of the war, which on the behalf of those groups. I am astonished that seemed to me an appropriate time to go, if I may use Amnesty in Canada has now accepted funds from the that phrase, to see exactly what was happening. The LTTE. I find it quite extraordinary that a human second was earlier this year when the peace was firmly rights group should receive funds from the LTTE. established. That is its right, I suppose, but it somewhat undermines This debate is about the LLRC, as I will call it in its moral standing. Now those same three groups are shorthand. It is not about the Supreme Court and chasing up the Sri Lankan Government and saying what has happened there, although I will allude to that that they are acting far too slowly to implement the later in my contribution. A war lasting 30 years or recommendations. And yet—I have done a little bit of thereabouts is a very long war. A number of colleagues research on this—all over the world there are quite a in the House came through the Second World War, lot of investigations going on into former wars and which lasted only five years. Change is inevitable when dictatorships, and some of them are taking an a war ends and Sri Lanka is no different from anywhere extraordinary length of time. Some of them are taking else in that respect. However, one thing was different 11, 12, or 15 years. To take two that we might know a in Sri Lanka. I remember the sheer joy of VE Day, as I bit more about, one is in Bangladesh, which is again in am sure do others. Initially, there was a sense of sheer south Asia, which set up in 2011 an inquiry into what joy in Sri Lanka but it was very quickly clouded by happened in the 1971 war of independence. That has allegations of war crimes and allegations that Sri Lanka not reported. And, dare I mention it having been PPS had abused certain other international laws. My analysis in Northern Ireland, the inquiry into Bloody Sunday leads me to the conclusion that one of the key reasons has now gone on for 40 years and still remains still why this happened was that although the Tamil Tigers totally unresolved. were defeated on the ground in Sri Lanka, the network So what has happened on the ground? That is by far that they had set up across the world was still intact, and away the most important thing. First, when I got many of the senior operatives were still in place, there in the end of March, all the way through to the GC 15 Sri Lanka[LORDS] Sri Lanka GC 16
[LORD NASEBY] abductions. I have looked at the figures: in 2011 there middle of April, there was peace on the ground. There were 239, with 226 now traced; in 2012 there were 225, were no bombs; you can travel wherever you like in Sri with 207 now traced. Lanka, by day and by night, with no security checks. I spoke to a Tamil cook of a friend of mine—my friend Lord Wallace of Saltaire: It is 11 minutes on the is also Tamil—just outside Bentota. He had come clock. down from Jaffna overnight, not requiring any special pass or anything; he booked a ticket in a bus station, Lord Naseby: No, I have been speaking for 10 minutes. got off at Colombo, changed buses, and came along I am taking injury time. I am taking my time from the the corridor through to Bentota. Asked by me whether annunciator. he had had any problems, he said that he had no problems at all and that it was as easy as anything. So life for ordinary people in Sri Lanka is good at the The Deputy Chairman of Committees (Lord Colwyn): moment. Plus, one has to say, British tourists have The debate started at exactly 4.30 pm, so you are now responded en masse—in fact, almost too readily in the in the 11th minute. sense that there is obviously a shortage of hotel accommodation, particularly in the east, where people Lord Naseby: With great respect, Lord Deputy want to go, and in the north, although they are trying Chairman, if a time is up there, it is the time that I am hard to get on and build more hotels. So that is real speaking from. I cannot look down here. positive benefit on the ground. I went to Menik farm, where the 297,000 rescued Lord Wallace of Saltaire: It is the time for the from the war fled. First, I put on record that I saw the Chamber. I am sorry, but that is what that is showing. head of ICRC with no one else present and asked him whether ICRC was restricted from going into Menik Lord Naseby: With the permission of the Committee, farm. The answer was no. It is true that certain other I should like two minutes to wind up. UN bodies were restricted but, in my book—as one On the numbers killed, four reports have come out that has done a number of these types of events—ICRC, recently. One was produced by the UN Country Team, or the Red Cross, are the key people. Secondly, my which was never published. My plea to Her Majesty’s wife is a qualified retired doctor and we looked at the Government is to ask for that to be published. That reports on malnutrition to see whether there was indicated that 7,000 were killed. A satellite analysis by malnutrition in those coming into the camp, and there the Americans indicates that fewer than 2,000 were was hardly any at all. I shall not go into the food killed within the graves that can be found. The recent dimension but I do have data on that. That place is census by Tamil teachers, again, indicates that just now closed and those 297,000 are now all rehoused, over 7,000 were killed. There were not 40,000 killed. which is pretty good in that time span: near enough 300,000 rehoused in a relatively short period. On top The second problem that the Government of Sri of that, a number of the Muslims, who were ethnically Lanka face is the ever-present threat of the LTTE cleansed out of Jaffna by the Tamil Tigers, have also overseas and the propaganda that is put out. However, been rehoused. Sri Lanka is an excellent member of the Commonwealth. It helped the UK in its hour of need at the time of the Demining is happening and I say a big thank you Falklands. There are those who, I know, want to to the UK Government, both the former Labour downgrade the conference, but what greater stimulus Government and the coalition Government, for the can there be to Sri Lanka today to move forward on money given to Halo, which is doing a good job on the the areas that still have to be dealt with than to hold ground. I spent a whole day with Halo: the team is this conference? After all, the CPA held its conference very good and I thank DfID and, in particular, the back in September, attended by 700 parliamentarians Government. I make a plea that when that work is from 54 countries. That went extremely well, as are completed somebody does an analysis on Jaffna’s needs preparations for the forthcoming conference. and, in particular, the hospital, which I went to look at Here we are in the Moses Room. I suggest that we in some depth. I would be very happy to prepare a need the wisdom of Solomon and the patience of Job, draft paper if that was found to be helpful. and let us not forget Kipling’s remarks that, “A Fool lies here who tried to hustle the East”. The rehabilitation of combatants has been excellent and there is a good case history. Eleven thousand of 4.43 pm them have been rehabilitated, with 260 judicially mandated. Child soldiers, of whom there were 595, are all now Lord Wills: My Lords, the noble Lord, Lord Naseby, back with their families. Land issues are being taken has done your Lordships’ House a service by enabling very seriously but are proving very difficult to resolve this important issue to be debated here today. The civil after 30 years. The situation is not unlike that in war in Sri Lanka was a prolonged, brutal and bloody England, where if you own a bit of land for 12 years business. Estimates of the numbers killed vary; most you have legal rights to it; I think that it is 10 years in of the estimates that I have seen are considerably Sri Lanka. The high-security zone, which I visited, is higher than those put forward just now by the noble down to 40% of what it was. It has to remain because Lord—I have seen estimates of more than 100,000. of the problems in Tamil Nadu. The country’s massive Many thousands of people were killed; tens of thousands infrastructure, housing and official language policy more were wounded, tortured and raped. The LTTE, are all working well. A great issue has been made of the Tamil Tigers, was a brutal adversary. It was guilty GC 17 Sri Lanka[8 JANUARY 2013] Sri Lanka GC 18 of terrible atrocities against civilians, including the We should never accept that those responsible for widespread use of suicide bombing and deployment of horrendous war crimes and crimes against humanity child soldiers and human shields. However, there were can escape responsibility for what they have done. also appalling atrocities committed by the opposing Moreover, there are well-substantiated reports that forces of the Sri Lanka Government. These have been human rights abuses continue in Sri Lanka to this day. well documented by the UN and by the Channel 4 For example, the Amnesty report documented, films, “Sri Lanka’s Killing Fields”, which showed the “numerous cases of disappearances which have taken place after deliberate targeting of hospitals and civilians by heavy the end of the conflict…there are reasonable grounds to believe artillery, deliberate denial of food and medicine to that enforced disappearances have taken place in Sri Lanka as civilians in the no-fire zone, summary execution of part of widespread attacks on the civilian population and they civilians and Tamil Tiger fighters, and sexual violence amount to crimes against humanity”. against women members of the LTTE. Last month, the British Government expressed their concern about the current situation in Sri Lanka by The opinion of the noble Lord, Lord Naseby, that saying that they, the report from the Lessons Learnt and Reconciliation “continue to have concerns about human rights in Sri Lanka, Commission, set up by the Sri Lankan president, is including the rule of law and individual freedoms”. independent is not shared widely outside Sri Lanka. Now a critical decision is looming for our Government. In presenting the Government’s response to that In November, the Commonwealth Heads of Government report, the Foreign Office Minister Alistair Burt MP Meeting is due to be held in Sri Lanka. The Canadian said, Prime Minister has made it clear that he will not attend, “we continue to believe it is important that an independent, credible and thorough mechanism is put in place to investigate all “unless there is measurable progress in the human rights situation allegations of grave abuses”.—[Official Report, Commons, 12/01/2012; in Sri Lanka”. col. 21WS] The Government will soon need to decide whether they will adopt a similarly principled stand. There can The International Crisis Group—a distinguished group be no evasion here because there can be no doubt of diplomats and politicians whose trustees include a about how attendance by the British Prime Minister Member of your Lordships’ House, a former Secretary and Her Majesty the Queen will be construed by the General of the United Nations, former presidents, regime in Sri Lanka. former prime ministers and former foreign ministers—said that the report, When the then Culture Secretary decided to spend his Christmas holiday in Sri Lanka just six months “fails in a crucial task—providing the thorough and independent after the end of this brutal war, the state-run broadcaster investigation of alleged violations of international humanitarian in Sri Lanka reported that, and human rights law that the UN and other partners of Sri Lanka have been asking for”. “his arrival, despite the accusations made the British Government on the human rights record of Sri Lanka, is an indication that the Sri Lanka can never rebuild itself adequately after charges have not been authenticated”. its terrible civil war until there is full accountability for What does the Minister think would be the reaction in the atrocities committed in its course. This is a moral Sri Lanka of the Sri Lankan Government and the imperative, but it is also a practical one. How can the state media when the visitor is not just a Culture significant Tamil minority ever be reconciled to a Secretary but the British Prime Minister—and not just regime that treats war crimes and crimes against humanity the British Prime Minister, but Her Majesty the Queen insouciantly? More important than implementing the as well? We cannot allow our Prime Minister and Her recommendations still outstanding of the Lessons Learnt Majesty the Queen to be used to cleanse any regime of and Reconciliation Commission is the establishment war crimes and crimes against humanity. of an independent investigation of these alleged atrocities I recognise the strength of the arguments that and then a calling to account of everyone responsible Governments should not grandstand, that strident for them. public denunciations of other Governments could be I appreciate the efforts that Her Majesty’s Government counter-productive. I understand that; I understand have made to persuade the Sri Lankan Government to that they can strengthen such Governments domestically set up such an independent and credible mechanism to and can turn the issue into one not of human rights investigate these human rights abuses. Sadly, however, abuses but of national sovereignty. There is always a the Government’s efforts so far have not worked. To case to be made for persistent, resolute, behind-the-scenes date, there has been no such investigation and no diplomacy as being the best way of effecting change accountability secured for any of the well documented but, so far, such diplomacy has produced no significant atrocities and other human rights violations committed results. In such circumstances, there is a strong case for by state forces. The International Crisis Group has more resolute diplomacy to demonstrate the limits of concluded that, impunity for human rights abuses. Ronald Reagan understood that when he stood up to the Soviet Union; “Sri Lanka is suffering from a crisis of institutionalised impunity Margaret Thatcher understood that when she stood for human rights violations by state forces and those working in up to Argentina over the Falklands; and this Prime collaboration with the state”. Minister understood it when he stood up to Colonel The longer this situation continues, the more likely Gaddafi. Do this Government now understand that it is that those responsible for these atrocities will they have to stand up to the Sri Lankan regime? Are think they have got away with them, to the shame of this Government prepared to follow the principled the international community. stand of the Canadian Prime Minister? GC 19 Sri Lanka[LORDS] Sri Lanka GC 20
[LORD WILLS] War may solve a few problems but it creates many As the Minister considers her answer to that question, others. History should not be forgotten but there must I should like to remind her what her colleague, the be a way forward towards building a stable and secure Justice Secretary, wrote in the Daily Telegraph just democracy which all the country’s citizens can enjoy. three weeks ago about his vision of human rights. He said: We should not underestimate the task facing the Sri Lankan Government. To continue to sustain “As Conservatives, we remain absolutely committed to the parliamentary democracy at this difficult time is importance of human rights around the world”. commendable. There are bound to be difficult times He identified as fundamental principles of a democratic ahead. The political process must work towards uniting nation the right to life, the right not to be tortured and the nation after 30 years of war. the right to a fair trial. Those are all rights which have been denied to tens of thousands of Sri Lankans. I During our visit to Sri Lanka, we were able to learn hope that the Minister can tell your Lordships today about the transition from operating and sustaining that these fine words, written by her colleague, the democracy during the civil war to running a democracy Justice Secretary, were more than just words and that during peacetime. Politicians must be fully aware that they will be translated into action in relation to Sri Lanka. winning the war does not mean that problems will go I am sure that in addressing that question the away. For this reason, there is a need to ensure that the Minister will also be aware that human rights, for rule of law applies to all citizens equally. It is a which the Government of Sri Lanka have not shown pre-requisite condition of a successful and stable very much respect, is one of the core values of the democracy. Commonwealth. Therefore, I should be grateful if, in During our visit we were impressed with the success replying, the Minister could answer these questions. that Sri Lanka has in the education and healthcare First, have the Government already made a decision sectors. It has a literacy rate of more than 90%. about whether to attend the Commonwealth Heads of I ought here to single out the work of the British Government Meeting in Sri Lanka and, if they have Council. Queues of students at the British Council not yet made it, why not? If they have not yet made it, offices provide clear evidence of the council’s success when do they expect to be in a position to do so? in assisting with the process of education. I plead with Secondly, does the human rights situation and what the Minister to ensure that the visa system does not the International Crisis Group calls a crisis of, discriminate against Sri Lankan students as there is “institutionalized impunity for human rights violations”, evidence that they are now looking at Australia rather in Sri Lanka have any bearing on the Government’s than the UK for their advancement. decision on whether to attend the Commonwealth Sri Lanka has free and accessible healthcare available Heads of Government Meeting? If so, what action do throughout the country. the Sri Lankan Government need to take before the Government will decide to attend the meeting? I recognise Despite the concern about our safety, we were that the Minister may not be able to answer all these allowed access across the north, east and west of the questions today but, if she cannot, I should be grateful country: there was no constraint on our movement. if she could write to me with the answers. Like the noble Lord, Lord Naseby, I met IDPs and those in camps. We could see at first hand the post-conflict 4.52 pm reconstruction. It will still take a great effort to ensure that there is no disparity in the development and Lord Dholakia: My Lords, I thank my noble friend construction work in the north. To an extent, we were Lord Naseby for securing this debate. I have similar aware that the demining process was actively pursued antecedents to those of my noble friend, having visited but it has a lot of bearing in preventing the north of Sri Lanka a number of times. I was there first in 2009, the country from opening up. when the civil war was raging, and I again visited the country when the war came to an end. My last visit We are all aware that terrorists have no mandate was undertaken as a member of the CPA bilateral and that oppression perpetrated by terrorists and those delegation, which gave me the opportunity to learn in power cannot achieve a peaceful society. The Good first-hand about the reconstruction, resettlement and Friday agreement in Northern Ireland and the Truth reconciliation work in progress there. Commission in South Africa demonstrated that a Much has happened since then. We have the report peaceful transition is possible only through an acceptable of the UN Secretary General’s review panel on UN process. It is for this reason that we should attach action in Sri Lanka, the report of the Lessons Learnt importance to the report of the Lessons Learnt and and Reconciliation Commission, referred to in this Reconciliation Commission, which was set up in May debate by my noble friend Lord Naseby, and the 2010. International Crisis Group report, which spells out There is no dispute that excesses were committed by the grievances of Tamil and Muslim leaders that still the warring parties—the collateral damage has been need to be resolved through the political process. substantial—but there is now a need to move forward. I am well aware that there are deeply held views Terrorism and violence have ended but suspicions still about the war and its aftermath in Sri Lanka. This remain: the scars of the war will take a long time to debate is not the place to confirm or deny what did or heal. What is now required is an all-inclusive political did not take place during that time. Evidence and its process of dialogue and accommodation so that conflict rejection have formed the basis of much publicity in by other means does not continue. This is one of the recent times, and I have no doubt that this will continue. key recommendations of the report. GC 21 Sri Lanka[8 JANUARY 2013] Sri Lanka GC 22
The LLRC report sets out some clear recommendations sometimes a level of arrogance where we pretend that on human rights issues arising out of the conflict. It we have got it all sorted and that we can lecture the received a large number of representations alleging the rest of the world on how to get it right. However, the violation of fundamental rights and freedoms of people fact that a country like ours—with our wealth and our affected by the conflict. The LLRC had no hesitation history of parliamentary democracy and justice—is in stating that its recommendation on these human still wrestling to achieve a settlement and peace in rights issues were critically relevant to the process of Northern Ireland should make us tread carefully and reconciliation. humbly into other people’s conflicts. This is not simply a job for the Government: it is also a task for all state institutions, civil societies and The first thing we learn from these kinds of conflicts citizens to exert all possible efforts towards this end. is that, in the long term, violence never succeeds. The The LLRC report and its recommendations require second thing we learn is that freezing-out never works: clear action. For example, the report pulls no punches people need thawing out in conflict situations. In that when it states: sense, peace needs to be given a chance to take hold. In this circumstance, the conflict went on for 26 years “There is an urgent need to assist the victims and their families to overcome the trauma they suffered due to the conflict and to and the peace treaty was signed two or three years ago. bring the perpetrators of any human rights violation to justice”. I guarantee as a fact that the people of Sri Lanka will I, for one, welcome this report for its brevity. It is still be wrestling with this issue in not five years’ time not a whitewash and it is not easy to ignore. It is a but in 50 or 100 years’ time. We know from our own good starting point towards the process of reconciliation experience that that is the kind of timescale that and nation building. There is also a further important people need. History and the facts presented show recognition that this process must reach out to the that what we have now is a moment of opportunity for minorities and that the minorities must reposition the international community to involve the parties to themselves in their role vis-à-vis the state and the the conflict because, inevitably, they must be the parties country. to the peace. I have known Dr Chris Nonis, the High Commissioner I refer briefly to the report of the Lessons Learnt for Sri Lanka, for some years know. I know that he is and Reconciliation Commission. I have read the entire keen to build links with the large Sri Lankan Tamil report and it seems to me that the Sri Lankan Government Diaspora in the United Kingdom. In turn, I hope that are self-critical, which is an encouraging sign. I am the British Tamil community will play its full part in disappointed that all other parties did not take part in rebuilding Sri Lanka. It is here that we can play an it because ultimately, somewhere along the line, there important role and I hope that the Minister will see will have to be another try at this and outside bodies what help he can give to build this dialogue. will have to give their advice. I know that the Indian Sri Lanka is a nation that deserves to be at peace Government are trying to help. Potentially, South with itself. It will take time to build the confidence of Africa would be much better placed to offer insight all communities, who have suffered enough during the and help to people in this process. civil war. It has the potential to eradicate poverty and to take its place among the democratic nations of the I refer particularly to page 382, paragraph 9.255, of world. It will require the will of all its people, in the report which contains a series of interesting Sri Lanka and in countries abroad, to make this recommendations. I say again that this conflict is no possible. Unlike the noble Lord, Lord Wills, I believe different from any other: we are very familiar with it; that the 2013 CHOGM summit in Sri Lanka should we know what needs to happen; we know that it is a offer all of its experience towards building a peaceful, long-term process; and we know that we have a moment democratic Sri Lanka. of opportunity before us which we should seize. However, one hallmark of this Government, of which I am most 5pm proud, is the way in which they have been working at conflict prevention rather than intervention, and the Lord Bates: My Lords, I, too, pay tribute to my Conflict Pool is an essential part of that. noble friend Lord Naseby for securing this important debate. My interest is around the issue of conflict. I There is one part of the report where it seems to me have never visited Sri Lanka and were it not for the that we could make a big difference. The report identifies opportunity provided by this debate and the outstanding that a lot of work needs to be done in the area of brief prepared by the House of Lords Library for it, I peace education. It talks about a trilingual policy and would have known a great deal less about the tragedy the need to ensure a much broader ethnic mix of that has hit that country. student populations, with a choice of courses offered However, I have followed and witnessed what has in all three languages. The commission is also of the happened in a number of areas of the world which view that sport builds up interpersonal contacts among have been recovering from conflict and the hallmarks people of different communities, which is essential for of that difficult path are all too evident in what is the process of reconciliation. Perhaps I may refer the happening in Sri Lanka at present. The question is: Minister, who I know will take these matters seriously, what are the solutions? to that particular section. I know that there has already We have learnt lessons from other areas—I am been a tremendous amount of work on clearing thinking in particular of our own issues in the Balkans landmines—my noble friends have referred to it—but and in Northern Ireland—and we know how difficult in the specific area of peace education and bringing it is. In debates on foreign affairs in this House there is international students together, I wonder whether the GC 23 Sri Lanka[LORDS] Sri Lanka GC 24
[LORD BATES] It is certainly true, as the noble Lord, Lord Naseby, sporting legacy of the Olympics and the legacy of the said, that one sees a good deal more evidence of peace, Olympic Truce are things that we might be able to which is very good news, but it is also true that there seize and build upon. are credible reports of civil rights abuses. I add my If all the countries simply look at ways in which appreciation to that already expressed for the United they can offer practical help and provide support for Kingdom forces involved in the de-mining exercise. all the different parties in working through this tremendous I had the great privilege of being with those forces in difficulty, I think that there will be a chance of long-term Colombia in South America and saw just how amazing stability. The prize for that will come through economic and dangerous their work was. I remember how relieved growth. The worst catastrophe that comes from all one felt to be able to go away at the end of a phase conflict is that it impoverishes people not only morally when they could not always do so. but financially. We see from the briefing note that the Both sides have made credible claims; both have cost of the war in Sri Lanka over 26 years ran to some eye-witness accounts; and both seek retribution. One $200 billion, which is five times its annual output. It is side has sought prosecution of perpetrators, with greater an enormous cost. Therefore, it is very encouraging emphasis focused, perhaps understandably, on the that since the conflict has ended there has been significant shelling of hospitals, which, by common consent, caused progress and growth. The proportion of people living considerable civilian casualties. However, I also note below the national poverty line has declined from that the commission expressed findings even on this 26.1% at the height of the conflict to 8.9%. With issue, stating that it was impossible to say who had annualised growth in the region of 6%, 7% or 8%, been responsible for that shelling. getting into tourism, getting the economy going and The report contains findings on many other issues. giving people jobs and hope, as well as a future, and It apportions blame for the causes of the war pretty allowing them to move forward are things that we evenly between politicians on both sides. It makes it ought to be encouraging. Anything that Her Majesty’s clear that there were no steps taken by the Sinhalese Government can do to support and encourage the which could have placated the Tamil people. It makes Sri Lankan Government in that way would seem wise. it clear that Tamil politicians worked up passions for militant separation which were impossible to accede to. 5.08 pm While there was support for the report, there has Lord Triesman: My Lords, I join others in thanking also been significant criticism. A lack of independence the noble Lord, Lord Naseby. I, too, have read the in the report has been alleged. Not even minimum report very carefully. It has real strength but it also has international standards of protection of witnesses was significant weaknesses, and I think that it is as well to accorded to many of those who might have given look at the balance. After all, it covers a war which evidence. raged from 1983 to 2009, with pauses in it until However, I share a view with the noble Lord, Lord Velupillai Prabhakaran was killed. Whatever is said Naseby: that the decisions of Amnesty International, about the figures, an estimate of between 60,000 and the International Crisis Group and Human Rights 100,000 deaths looks to be relatively credible in terms Watch not to take any part can scarcely have helped of the reports made by international bodies. I certainly the process. It would have been better had they taken have no reason to think that they are much in doubt. part and I am not sure that their reasons for not doing As my noble friend Lord Wills said— so are sustainable. Many of the commission’s recommendations could Lord Naseby: I hate to intervene but there is no be detailed very extensively, but I highlight those to credible report that mentions 60,000-plus deaths. There deal with long-term detainees individually, to publish are reports of 40,000 deaths from the UN and there full lists, to ensure that freedom meant freedom—that are reports of between 7,000 and 8,000 from other UN is, once people had been released, they should not be bodies. If the noble Lord has a copy of any such re-arrested—to overcome legal delays in process, to report, I should be grateful if he would make it available disarm illegal groups immediately as a priority, to ensure to me, as chairman of the all-party group. that there is free movement in the country, to normalise civil administration and to make sure that documents Lord Triesman: My Lords, I will go back through were in languages that people could understand. Like the UN figures and will provide the ones that I have the noble Lord, Lord Bates, I often feel—maybe I seen. I was going to go on to say, as my noble friend would—that sport can play a significant role in giving Lord Wills did, that it appears that in the final stages people the opportunity to see each other in circumstances the figure of up to 40,000 comes near to the death toll. that are not quite so gruesome. The 18-month inquiry, which concluded in November However, people plainly want more, and herein lies 2011, covers all 26 years. the central dilemma. Reconciliation processes seldom One thing is absolutely plain to me: in any civil war satisfy those who have suffered the sharpest distress or of that duration and intensity, the pain between the grievances. No one in the United Kingdom would combatants and the communities from which they willingly accept any process where there was impunity. come is going to be very great. Significant inter-communal I do not know that it would ever speak well in our violence, which is very up-close, raw violence, has on culture; nor do I think that it would speak well in the occasions when it has occurred led to the division anybody’s culture, because people want their most of countries—for example, India and Pakistan—rather serious grievances addressed. As we have seen elsewhere, than to an attempt to keep one country in one form. retributive justice after a war of this kind is very GC 25 Sri Lanka[8 JANUARY 2013] Sri Lanka GC 26 unlikely to achieve reconciliation—these are not easy hundreds, I think. Channel 4 was found not to be in choices to make—but that does not answer the question breach at all by Ofcom, so I wonder whether my noble of impunity. That is why it is an audacious route to friend could specify what doubt there is. I am sure that take to seek reconciliation in this way and why it is he is aware that much of the footage in those films was seldom welcomed by all those who seek complete filmed by Sri Lankan soldiers on their mobile phones. justice or even confirmation that the evidence that What possible doubt is there about the veracity of that they have provided, and on which they rely, is the only footage? accepted truth that should be accounted for. I am with the noble Lords, Lord Willis and Lord Lord Triesman: My Lords, if my noble friend had Dholakia, in believing that one has to be clear on both allowed me just one more sentence, I was going to go sides about the conditions for success if this is the on to say that I personally had no doubt about the route that one wants to take. The first condition is that authenticity of the films—that is my view. But when there should be sufficient independence in the inquiry people, particularly in the current media climate, believe to command support—and I support what Her Majesty’s that it is important to be absolutely certain of these Government have said about that, which is useful and things, an excellent news programme such as I believe correct. “Channel 4 News” is would do itself no harm if it Secondly, reconciliation can work fully in my view, repeated the exercise if it gave greater confidence. I even against all the odds, only if substantive outcomes personally have no doubt about the veracity, but my can be achieved in the programme of reconciliation view may not be significant. that is recommended. I make these points here not Finally, steps could be taken before the conformation because the international groups have all written to of the final arrangements for the state visit, which is me and urged that they should be made but because I also very important—it is not just CHOGM. This is a hope for the success of the country and want to think real opportunity, in the spirit of Commonwealth standards about how that might be achieved. The outstanding and reputation, not least because the Commonwealth evidence is clear; the noble Lord, Lord Dholakia, has an outstanding Secretary-General in Kamalesh referred to the first and perhaps most important point, Sharma, to ask questions, discuss progress and articulate that political processes have to encapsulate the rights a possible programme and means of verification of for all groups and the rule of law, and that is fundamental. the programme. I know that that kind of Commonwealth The aid agencies must be able to reach those needing role appealed enormously—it did in its time to me, aid, especially with medicines and medical facilities. I and certainly it has done to the noble Lord, Lord do not believe that there is evidence that that has fully Howell of Guildford, and I know that it does to the happened, and I wonder whether the Minister has an noble Baroness, Lady Warsi. For those reasons, I observation on that. always attach great importance to what can be achieved There are clear failings in the existing IHL regime by that kind of process. If it is done properly, it may in respect of internal conflicts in both state and non-state well be that the value of the Commonwealth and of armed groups. Does the Minister feel that there may CHOGM in this instance will be very well demonstrated. be progress there? A large number of allegations have been made of abduction, arbitrary detention and 5.19 pm disappearances—what is called a different kind of white van syndrome. There do not seem to me to be The Senior Minister of State, Department for Communities such clear outcomes as have been presented, and I and Local Government & Foreign and Commonwealth wonder whether the Minister has views on that. I Office (Baroness Warsi): My Lords, I thank my noble know from the work that was done in Argentina and friend Lord Naseby for securing this debate. I know Chile that, until those issues are fully nailed down, the that he and others within both Houses of Parliament families do not go away—and you can understand have taken a close interest in Sri Lanka. The timing is why. It will never satisfy them. The independent police most apt, a year after the publication of the Lessons commission has to function properly, and I am not Learnt and Reconciliation Commission, or LLRC, absolutely clear from what I have read that it does report, that has been referred to today. function. I wonder whether the Minister has any Let me first note that the United Kingdom and observation. Sri Lanka have a long-standing historical connection, I make one quick observation on Channel 4. Jon and present-day ties include business, family, tourism Snow is, in my view, one of the outstanding journalists and education. I assure my noble friend Lord Dholakia of this generation. He has amazing standards and that large numbers of bright, talented Sri Lankan amazingly good personal, ethical values, which contrast students continue to come to study in the United with some others in the media. Yet questions persist Kingdom and the diaspora community of around about the authenticity of some of the footage of 400,000 people contributes significantly to our economy “Sri Lanka’s Killing Fields”. It is not for the Minister, and rich cultural diversity. We are friends and it is a but could Parliament perhaps encourage “Channel 4 friendship that we value, even on the cricket pitch, News” to consider whether it has been deceived in any despite being knocked out in the World Twenty20 in respect? October by the host, Sri Lanka. The 2009 defeat of the Liberation Tigers of Tamil Lord Wills: I am very curious about this, because I Eelam, or LTTE, brought an end to decades of conflict did a lot of work researching all this, including reviewing in the country, but a military victory alone cannot those particular films. I looked at an Ofcom judgment; deliver the stable, lasting peace which all Sri Lankans there were a lot of complaints about those films— deserve. It is for this reason that the UK supports the GC 27 Sri Lanka[LORDS] Sri Lanka GC 28
[BARONESS WARSI] recommendations. We hope that the Government of view, widely held within Sri Lanka and outside, that Sri Lanka will reconsider and look at implementing long-term peace can best be achieved through an the LLRC report in full. inclusive political settlement that addresses the underlying This is not a case of unrealistic expectations. The causes of the conflict. Such a settlement must also UK has never suggested or expected that resolution take into account the legitimate grievances and aspirations following a long-running conflict can be instantaneous. of all Sri Lanka’s communities. The Government of We realise that the LLRC recommendations cannot all Sri Lanka recognised this in appointing the LLRC, be implemented immediately.We have our own experience which submitted its report in December 2011. The of reconciliation from Northern Ireland, and we know report made more than 200 recommendations. well that such a process is complex and can take time. I In January 2012, following the publication of the thank my noble friend Lord Bates for outlining possible LLRC report, my right honourable friend Alistair Burt and potential pathways. He is right: this process will issued a Written Ministerial Statement in which he welcomed take time. I will take back his suggestions regarding publication of the report and urged the implementation building on the Olympic legacy and, indeed, the Olympic of its recommendations. The recommendations, if Truce. He is also right that we must look to a future for implemented in full, would go a long way to achieving all, but in the case of Sri Lanka true reconciliation is the reconciliation which we believe will achieve lasting unlikely to be possible without a brave, open and peace. Those recommendations included calls for comprehensive review of the painful past, and addressing credible investigations of alleged extrajudicial killings the deep-seated issues in the LLRC report requires a and disappearances, demilitarisation of the north, long-term approach, tenacity and co-operation. implementation of impartial land dispute resolution There are, of course, inevitable barriers to swift mechanisms and the protection of freedom of expression. progress in some areas—for example, the need to However, as Alistair Burt said at the time, and to which broker agreements between various parties, undertake the noble Lord, Lord Wills, referred, in the view of this changes to legislation and devise equitable solutions Government the report left gaps and unanswered questions to complicated issues such as land rights. However, to on alleged violations of international humanitarian make this long-term progress requires a sense of urgency law and human rights law, and we were disappointed and it has to be on a positive trajectory. by the report’s conclusions and recommendations on accountability. I regret that a number of the recommendations have not been tackled at all or have been tackled in Sri Lanka has made some progress against the name only. The military presence in many areas is less LLRC recommendations. The UK recognises and invasive than at the end of the conflict but armed welcomes the progress that has been made in a number forces continue to occupy large areas of civilian land, of areas. UK officials have visited all nine provinces in now classified as high-security zones or military the past 12 months and have seen much to welcome. cantonments. Military involvement in civil and commercial Most importantly, the absence of conflict has brought activities has been reduced in some areas but still greater security and opened up economic development. remains widespread and a source of tension. Not only Demining, which has been referred to in today’s debate, has there been no agreement on political settlement including with UK financial support, is freeing up but a recent Bill seeks to further centralise currently more and more land for resettlement and agriculture. devolved powers. Moreover, almost four years since Rehabilitation of thousands of ex-combatants, including the end of the conflict, there have been no prosecutions child soldiers, has allowed many individuals to integrate for alleged misconduct during the conflict. back into society. The majority of internally displaced persons have now moved out of camps, although there The Government of Sri Lanka face considerable is still work to be done in ensuring that all have challenges but they face them with the support of an permanent homes and are, where possible, able to international community eager to see lasting peace in return to their places of origin. the country. With this support comes scrutiny, and in 2013 this is set to be particularly intense. In March we Despite a visible military presence, troop numbers have the anniversary of the Human Rights Council in many areas are now well below 2009 levels. resolution, and the noble Lord, Lord Wills, spoke Infrastructure development is opening up the country, about the Commonwealth Heads of Government creating conditions for economic growth and enabling Meeting, which Sri Lanka is due to host in November. easier travel. All these are positive developments. However, The CHOGM is an opportunity either for Sri Lanka’s the picture is not all positive. Much remains to be progress to be showcased around the world or for bad done in order to tackle the roots of conflict and news to be amplified. The UK believes that the host of ensure lasting peace and prosperity. The need for CHOGM should uphold the Commonwealth values progress was highlighted in a March 2012 Human of good governance and respect for human rights. We Rights Council resolution, supported by a majority of will look to Sri Lanka to demonstrate its commitment member states from around the world. It called on the to these values both now and in the run-up to CHOGM. Government of Sri Lanka to implement the LLRC A key part of this will be addressing long-standing report recommendations and to address alleged violations issues around accountability and reconciliation after of international law. In July 2012, the Sri Lankan the war. The noble Lord, Lord Wills, will be aware Government published an LLRC action plan, with that Sri Lanka was scheduled to host CHOGM in 2011 deadlines from early this year for the implementation but, given ongoing concerns about the humanitarian of the LLRC recommendations. However, it is notable and human rights situation, the UK and other that the action plan covers around only half the LLRC Commonwealth members did not support its bid. GC 29 Sri Lanka[8 JANUARY 2013] Sri Lanka GC 30
Commonwealth members decided that Sri Lanka would suppression of a riot at Welikada prison in which host it in 2013, but at this stage it is too soon to talk 27 inmates lost their lives. On 5 December, our high about the UK’s attendance plans. I cannot give further commissioner joined other EU heads of mission in a details today, but we will be looking to Sri Lanka to public statement expressing concerns about the rule of demonstrate the Commonwealth values expected of law and individual freedoms in Sri Lanka. any CHOGM host. Following the end of the conflict, we want to see The noble Lord, Lord Triesman, raised current, Sri Lanka win a peace that can be enjoyed by all its ongoing concerns about the human rights situation. citizens. Progress has been made but is lacking in a International concerns about human rights violations number of areas necessary to ensure long-term peace in Sri Lanka are not limited to the years of the war but and stability. We remain committed to helping the remain since the end of the war as well. The UK has reconciliation process, recognising the Sri Lankan been candid in private and public about our concerns. Government’s legitimate authority and looking to the In the 1 November UN Universal Periodic Review of Government to implement the LLRC recommendations Sri Lanka, the UK raised concerns about the attacks in full. on and intimidation of journalists, human rights defenders and the legal professions. We recommended that the Lord Wills: My Lords, I am very grateful to the Sri Lankan Government investigate alleged grave Minister for giving way but I intervene as I suspect breaches of humanitarian law during the conflict. that she is about to conclude her remarks. I asked a This recommendation was accepted, along with 110 of number of specific questions. I quite understand that the 210 recommendations made in that review. We she cannot answer them today but will she confirm also recommended that the Sri Lankan Government that she will write to me with specific answers to those ensure a climate in which all citizens can express their specific questions? opinions freely. This recommendation was rejected, Baroness Warsi: I will certainly do that. UK support along with recommendations to invite the UN special includes funding activities on rehabilitation, access to rapporteurs to visit and recommendations to ensure language rights, community policing support and positive independence of the judiciary. We continue to have dialogue within and between communities in Sri Lanka concerns about human rights in Sri Lanka, including and, indeed, engaging the UK diaspora. We recognise disappearances—to which the noble Lord referred— the need for a long-term approach but firmly believe political violence, reports of torture in custody and that this must include some early evidence of progress. restrictions on free speech. We raised our concerns It is right that Sri Lanka’s friends should raise such directly with the Government of Sri Lanka and called concerns alongside more immediate human rights issues. upon them to investigate reports of human rights As Alistair Burt said in his Written Ministerial Statement abuses whenever they occur. last January: The noble Lord, Lord Triesman, also raised the “Our long-term interest is in a stable, peaceful Sri Lanka, free issue of missing persons. A legacy of decades of from the scourge of terrorism, and as a fellow member of the conflict is that large numbers of missing people remain Commonwealth, conforming to the standards and values which an understandable cause of considerable distress for Commonwealth membership requires”.—[Official Report, Commons, many families. The LLRC report is committed to 12/1/12; col. 21WS.] establishing a decentralised database of the missing by That position remains unchanged. February of this year and we look forward to progress I close by thanking the noble Lord, Lord Naseby, in this regard. for his continued interest in Sri Lanka and for securing Events as recently as the last eight to 10 weeks are a this debate today. source of concern for us as well as for other states and The Deputy Chairman of Committees (Baroness international organisations. These include impeachment Gibson of Market Rasen): My Lords, that completes proceedings against the Chief Justice, which coincidentally the business before the Grand Committee this afternoon. followed a number of rulings against the Government; Therefore, the Committee stands adjourned. violent disruption of student remembrance events in Jaffna and the detention of students; and the violent Committee adjourned at 5.31 pm.
WS 1 Written Statements[8 JANUARY 2013] Written Statements WS 2
finance market. These investments will be made under Written Statements Section 8 of the Industrial Development Act 1982. Further detail of how this funding will be made available Tuesday 8 January 2013 will be provided at Budget 2013 after engagement with market participants in the new year. I am also creating an advisory group, which will Banks: Business Bank comprise independent business and finance experts Statement and advise the Government on the setting up and strategic direction of the new institution. Sir Peter Burt The Parliamentary Under-Secretary of State, Department has very kindly agreed to chair this advisory group for Business, Innovation and Skills (Lord Marland): My and additional members will be appointed very shortly. right honourable friend the Secretary of State for I can also announce today that Keith Morgan has Business, Innovation and Skills has made the following joined the Government to lead the design work for the Statement. future business bank. The group will provide advice on: The impact of the financial crisis on the cost and availability of credit is seriously affecting the economy. The activities and specific segments of the market The Government have already taken action to ease the on which different activities of the business bank flow of credit to small and medium-sized businesses should focus; including by working with the Bank of England to The design of existing interventions and how they launch the Funding for Lending Scheme, by putting in could best be improved; place access to finance schemes such as the £1.2 billion The detailed design of the new interventions, how Business Finance Partnership and the Seed Enterprise to make them most effective, and how to attract Investment Scheme, and providing additional funding private sector capital if desirable; for the Enterprise Finance Guarantee. How to ensure better joining up of wider government- However, many good small and medium-sized funded business advice and support as well as enhanced businesses (SMEs) still struggle to raise finance from awareness of and access by businesses to this support; their banks. Furthermore, well before the financial The role of Government in such an organisation, crisis Britain suffered from structural failings in finance, and at what level; in long term credit in particular. Now as the economy recovers, there is a risk that UK businesses lack the The overall implementation plan; support they need to grow. The marketing plan for these activities; and As set out in the Autumn Statement 2012, the The key roles in terms of design and execution risk Government therefore plan to deploy an extra £1 billion for the implementation phase. to create a business bank. We will maximise the bank’s We will use their expertise to develop proposals for impact and reach by exploring joint investment with the bank’s interventions and discuss and where relevant the private sector and the use of government guarantees. agree these interventions with HMT, the Bank of The bank will make wholesale interventions in the England, UK regulators and the European Commission. business finance market to facilitate the development I will present more detailed proposals on these of a greater diversity of non-bank business finance matters to the House next year. sources and to tackle other long-standing market gaps. We will also take steps to bring together government finance schemes for small and medium-sized businesses Copyright so that they are managed as a single portfolio and ensure Statement businesses are aware of and can access government-backed business advice. I wish to outline to the House how we will achieve The Parliamentary Under-Secretary of State, Department this and what are the key milestones along the way. for Business, Innovation and Skills (Lord Marland): My right honourable friend the Secretary of State for We envisage the business bank operating on a Business, Innovation and Skills has made the following commercial basis within a strategic framework set by Statement. Ministers. It will be charged with finding ways to fill gaps in the business finance market, based on economic Today the Government are publishing the final part analysis. A number of options are being considered of their response to their copyright consultation: including capital investments and guarantees for long “Modernising Copyright: a modern, robust and flexible term finance products, as well as a wider range of framework”. wholesale funding activities which could become relevant The response sets out government decisions on over time. Detailed design of the activities will need to changes to “copyright exceptions”: freedoms in copyright reflect the requirement to ensure our proposals are law that allow third parties to use copyright works for fully consistent with state aid rules. We plan to start a a variety of economically and/or socially valuable dialogue with the Commission about our proposals in purposes without permission from copyright owners. January. The Government are committed to achieving strong, At the same time, and in order to start acting sustainable and balanced growth that is shared across swiftly, we propose to use £300 million of the new the country and between industries. Following the funding to co-invest alongside the private sector in Hargreaves review of intellectual property and growth, sources of finance that help diversify the business and an extensive consultation process, the Government WS 3 Written Statements[LORDS] Written Statements WS 4 believe that the copyright framework can be improved 2. Voluntary redundancies are not separately identifiable from to make the UK a better place for consumers and for other departures; therefore, an overall figure for redundancies is firms to innovate, in markets which are vital for future not available. growth, without harming the UK’s valuable creative industries. In respect of the Written Answer given to the right The Government have considered the responses to honourable Member for Warley (John Spellar), a table the consultation carefully, alongside the views of the showing the corrected figures is given below. Business, Innovation and Skills Select Committee and Category 2009-10 2010-11 others. They intend to make changes to widen existing £000s £000s or introduce new exceptions for private copying; parody; education; quotation and news reporting; text & data Compulsory 4,457 60,367 mining; research & private study; preservation; disabilities; redundancies public administration and reporting. These measures Other departures 1,737 111,749 take account of what the Government have heard Notes: from creative industries about the need to minimise 1. “Other departures” include early retirements (except those potential adverse impacts of any change. due to ill health), voluntary redundancies, Mutually Agreed The Government intend to make these changes via Resignation Scheme, pay in lieu of notice etc. secondary legislation in autumn 2013. Prior to this, 2. Voluntary redundancies are not separately identifiable from the Government will publish the draft regulations for other departures; therefore, an overall figure for redundancies is not available. technical review. The response document will be published on the In respect of the Written Answer given to the right Business, Innovation and Skills, and Intellectual Property honourable Member for Leigh (Andy Burnham), the Office websites and a copy will be placed in the House corrected information is as follows. Libraries. The total resource cost of exit packages for primary care trust (PCT) staff leaving their organisation in 2010-11 was £172.1 million. A table breaking down Correction to Commons Written Answer this cost for each PCT has been placed in the Library. Statement The total value of £172.1 million includes £60.4 million for compulsory redundancies and £111.7 million for The Parliamentary Under-Secretary of State, Department other departures. The figure for other departures includes of Health (Earl Howe): My honourable friend the the cost of both early retirements (excluding those Parliamentary Under-Secretary of State (Daniel Poulter) relating to ill-health) and voluntary redundancies. has made the following Statement. However, it is not possible to separately identify the value of either of these costs from the data collected. I regret that the Written Answers given to the honourable Member for Hartlepool (Iain Wright) on In respect of the Written Answer given to the 6 November 2012, Official Report column 584w, the honourable Member for Stalybridge and Hyde (Jonathan right honourable Member for Warley (John Spellar) Reynolds) on 10 January 2012, Official Report col 120w, on 22 October 2012, Official Report column 711w, the the corrected part of the reply is given below. right honourable Member for Leigh (Andy Burnham) Information from the Audited NHS (England) on 20 February 2012, Official Report column 713w Summarised Accounts for the financial year 2010-11 and to the honourable Member for Stalybridge and shows that the total resource cost of staff exit packages Hyde (Jonathan Reynolds) on 10 January 2012, Official for strategic health authorities, primary care trusts Report column 120w, contained some incorrect and National Health Service trusts in the 2010-11 information. financial year was £223 million. This figure includes The Written Answers pertained to the cost of exit £88 million for compulsory redundancies and £135 million packages incurred by primary care trusts (PCTs) and for other departures. The figure for other departures the information provided in the original Answers includes early retirements (excluding those because of incorrectly included a negative figure for one PCT, due ill-health). It is not possible to separately identify this to an error in compiling the figures for the annual cost, or the cost of voluntary redundancies from the report and accounts within the department. data collected. In respect of the Answer given to the honourable Member for Hartlepool (Iain Wright), a table showing the corrected figures is given below. Crime: Domestic Violence Statement Category 2010-11 2011-12 £000s £000s The Minister of State, Ministry of Justice (Lord Compulsory 87,911 83,106 McNally): My right honourable friend the Lord redundancies Chancellor and Secretary of State for Justice (Chris Other departures 134,982 91,589 Grayling) has made the following Written Ministerial Notes: Statement. 1. “Other departures” include early retirements (except those On 21 December 2012, I announced that Baroness due to ill health), voluntary redundancies, Mutually Agreed Helen Newlove has been appointed as the new Commissioner Resignation Scheme, pay in lieu of notice etc. for Victims and Witnesses (“Victims’ Commissioner”). WS 5 Written Statements[8 JANUARY 2013] Written Statements WS 6
The role of the Victims’ Commissioner, as set out in A fairer and simpler planning system the Domestic Violence, Crime and Victims Act 2004, The Coalition Government believe in fair play, with is to promote the interests of victims and witnesses, everyone abiding by the same rules. On 21 December, encourage good practice in their treatment and keep we launched a consultation on proposals to give councils under review the operation of the statutory Victims’ greater freedom to prevent unauthorised traveller sites Code. and the small minority who abuse planning rules. We are committed to strengthening the voice of Under proposals, councils would be given greater freedom victims who too often feel like they are treated as to determine whether to use temporary stop notices in an afterthought in the criminal justice system. The relation to caravans that are in breach of planning appointment of Baroness Newlove as the new Victims’ control, and are used as a person’s main residence. Commissioner will ensure that as our strategy to improve This would be backed up with the potential for fines of services and support for victims and witnesses is up to £20,000 on a summary conviction or an unlimited implemented, the views of victims are represented. fine on indictment. Subject to the outcome of the consultation, proposals will allow councils to act quickly to stop unauthorised sites before they become established, saving on the costs of enforcement and preventing Department for Communities and Local long-term harm to the environment and local amenity. Government The Coalition Government are committed to making Statement the planning system simpler, more efficient and more effective. On 21 December, my department launched a consultation to consider the recommendations of the The Parliamentary Under-Secretary of State, Department external review group on planning practice guidance for Communities and Local Government (Baroness Hanham): led by Lord Taylor of Goss Moor, to rationalise the My right honourable friend the Secretary of State for volumes of unwieldy and contradictory advice. The Communities and Local Government (Eric Pickles) goal is to make practice guidance easier to understand made the following Written Ministerial Statement on for both practitioners and the public. This does not 7 January 2013. involve any change to planning policy, which is laid I would like to update honourable Members on the out in the National Planning Policy Framework. main items of business undertaken by my department On 27 December, my department outlined our response since the House rose on 20 December 2012. to the consultation paper on streamlining information Helping hard-working families with council tax requirements for planning applications. This will encourage On 1 January, my department highlighted new a more proportionate approach to the information legislation that takes effect in April 2013 which allows that applicants are required to provide with outline local taxpayers to choose to pay their bill over 12 months planning applications, reducing administrative costs rather than 10, if they wish. This new right will make it to both applicants and councils, while ensuring that all easier for those on fixed incomes to manage their bills, interested parties continue to be well informed of the and would lower the average band D council tax details of any proposed application. instalment by an average of £24 per month for 10 months. A fairer deal for taxpayers on local government This builds on the support that the Coalition pensions Government have already announced for local authorities On 21 December, my department published a and police and crime commissioners in England to consultation seeking responses from interested parties help them freeze council tax for a third year and assist on draft regulations for the new Local Government in keeping the cost of living down. The Government Pension Scheme to come into force in April 2014 have set aside £450 million in the Autumn Statement. relating to membership, contributions and benefits. Taxpayers living in an average band D home in England This represents a key step in the process of reform that could save up to £72 compared to a 5% increase, while began with the commitment given in the Coalition the cumulative effect of the three years’ worth of Government’s programme to review the long term freezes is potentially worth over £200 to band D residents. affordability and sustainability of public service pension I hope honourable Members will encourage their local schemes. authorities to take up this year’s freeze offer. Figures for the last financial year show that the Tackling council tax fraud helps reduce bills for Local Government Pensions Scheme costs £7.5 billion. law-abiding citizens. I intend to lay and publish this Employers—i.e. taxpayers—contributed £5.9 billion week draft affirmative regulations, including setting towards maintaining staff pensions. The cost to the out the powers which local authorities will have to public is equivalent to £320 a year for average band D combat fraud in the council tax system and to prosecute council tax. Yet, for the first year, the cost of local those who commit criminal acts. These regulations authority pension taxpayer-funded contributions has will ensure that local authorities continue to be able actually fallen, and these further reforms will protect to tackle fraud when council tax benefit is replaced taxpayers’ interests while protecting those on low and by local council tax reduction schemes in April, moderate incomes. and are consistent with those that prevent fraud in the welfare benefit system. Reflecting the Coalition Cutting intrusive red tape Government’s commitment to civil liberties, we have On 21 December, my department wrote to local scaled back existing state powers which we believe to authorities to make clear that equality impact assessments be disproportionate. are not a legal requirement. Indeed, they can be resource WS 7 Written Statements[LORDS] Written Statements WS 8 intensive and take staff away from planning and delivering EU: European Council important public services. We also reminded councils Statement that statutory guidance makes clear that councils do not need to undertake unnecessary lifestyle or “diversity” questionnaires of their local residents and suppliers. I The Parliamentary Under-Secretary of State, Department will shortly be giving guidance to my department’s for Environment, Food and Rural Affairs (Lord De arm’s-length bodies on the same issue. Mauley): My right honourable friend the Secretary of State for Environment, Food and Rural Affairs has On Boxing Day, the media reported how residents today made the following Statement. in Stockport, Cheshire East and Manchester were My noble friend Lord De Mauley, Parliamentary being asked about their sexual preferences when they Under-Secretary for Resource Management, the Local responded to a consultation on a proposed road Environment and Environmental Science, represented improvement. This is a typical example of how the the UK at the EU Environment Council in Brussels on public sector wastes money on pointless and intrusive 17 December 2012. Paul Wheelhouse (Scottish Minister bureaucracy. for Environment and Climate Change) and John Griffiths (Welsh Minister for Environment and Sustainable A helping hand on housing Development) also attended. On 20 December, my department launched the new After adopting the list of legislative and non-legislative £200 million Build to Rent fund which will boost the A items, Environment Ministers adopted council construction of new homes specifically for private conclusions on “A Blueprint to Safeguard Europe’s rent. By financing the construction of rental homes Waters”. The UK welcomed the blueprint, praising its until they are built, let out and managed, the fund will focus on implementation rather than new legislation, give developers the freedom to build homes specifically which is in line with principles of better regulation. for that market with confidence. An expert taskforce Several other member states similarly supported the will also work to boost investor awareness of the fund blueprint’s focus on implementation and greater and offer practical support to those interested in this integration. new market. The prospectus for the fund has been Next, the presidency led an exchange of views on published on the Homes and Communities Agency’s “Greening the European Semester”, based on the website. annual growth survey 2013. Discussion at Environment Council focused on the bottlenecks to achieving Europe Over Christmas, Ministers highlighted the help available 2020 resource efficiency objectives, and member states to those sleeping rough through the new StreetLink were asked to give their views as to which measures in hotline and website. StreetLink, run by charities Homeless the field of resource efficiency and climate action had Link and Broadway with funding from my department, the biggest potential to contribute to growth and job offers a valuable alternative to a cash handout for creation. A broad range of opinions were put forward. people sleeping rough. This will support the No Second The UK made clear that actions needed to reflect the Night Out initiative as it is extended across the country. specificities of each member state; that any additional In London, where No Second Night Out has been targets would need to be clearly justified; and highlighted adopted, already 70% of rough sleepers have not spent our domestic actions to support resource efficiency. more than one night on the streets. The Commission (Hedegaard) summarised the discussion by stating that the debate was timely, as the annual On 2 January, my department highlighted new growth survey was increasingly becoming the key tool deregulation that will cut red tape and costs for for setting economic priorities for the year to come. homeowners and businesses alike. Changes are being Discussions on the annual growth survey 2013 will made to the building regulations regime in England to take place at various EU level councils, and will inform deliver an even better and more cost-effective way of debate at the spring European Council in March 2013. ensuring our buildings remain safe and sustainable. Lord de Mauley attended a ministerial lunch, during The changes will deliver savings of around £50 million which the outcomes of the COP18 climate change per year to business and will come into force from negotiations which recently took place in Doha were April 2013. Changes to remove the requirement to discussed. Member states recognised that overall a notify simple and low risk electrical works will mean good outcome had been achieved at COP18 but, moving that householders keen to improve their home no forwards, there is still much work to be done. longer need to pay £240, or more, to their local council to have simple electrical jobs checked. In the afternoon, an orientation debate on the 7th EU Environment Action Programme (7th EAP) New Year’s Honours was held. The Commission said that it had been a “difficult birth”, but that the 7th EAP should offer a I wish to congratulate to all those working in the clear-cut programme and a solid and pragmatic framework local government, housing, fire and voluntary and for years to come. The Commission said that there community sector that were recognised in the New were only a few legislative gaps to be filled, and the Year’s Honours List acknowledging their valued main focus was on implementation. The tone of the contribution to society. discussion was generally positive. Many member states, including the UK, welcomed the focus on implementation. I have placed in the Library a copy of the associated The UK said that they believed the environmental documents and press notices relating to these acquis was largely complete, and that any new proposals announcements. for legislation must be based on evidence and supported WS 9 Written Statements[8 JANUARY 2013] Written Statements WS 10 by a robust impact assessment. In that vein, the UK the working group meetings chaired by the presidency. felt that the 7th EAP impact assessment was not quite The presidency subsequently presented a compromise fit for purpose, and stated that the UK would carry text that reflected the reality of member states’ road out further work to assess more accurately the safety testing practices. We supported the change of ramifications of the programme. The specific concerns the legal form of the proposal from a (directly applicable) of other member states were wide-ranging, but several regulation to a directive (which gives member states member states voiced a particular concern about proposed some flexibility in transposition). targets to reduce landfill. I welcomed the many improvements in the presidency’s Under environmental AOB items, a progress report text which had substantially reduced the cost implications was offered on the Programme for the Environment to a manageable level and indicated that the UK could and Climate Action (LIFE), and the presidency provided accept the presidency’s text. I made clear that as information on environmental quality standards in negotiations begin with the European Parliament, we the field of water policy (priority substances). The would seek to provide Members of the European presidency also gave information on the assessment of Parliament with as much information as possible to the effects of certain public and private projects on the explain why the changes to the original proposal were environment (the EIA Directive). Belgium, Spain and both justified and necessary. the Czech Republic all intervened to air their concerns The presidency provided progress reports on two about the proposed measures, after which the presidency proposals. curtailed the discussion, highlighting that there would The first was the proposal for a regulation of the be further opportunities to discuss the proposal during European Parliament and of the council establishing the Irish presidency. the Connecting Europe Facility. This regulation will In the afternoon, several climate change items were provide the legal basis for funding of trans-European discussed under “any other business”. The Emissions transport, energy and telecoms networks for 2014-2020. Trading Scheme appeared on the agenda in the context The text will not be finalised until the budget figures of aviation, the recently published carbon market for 2014-2020 have been agreed in discussions on the report and the Commission’s proposed measure for multi-annual financial framework (MFF). changing the auctioning profile for ETS allowances The second was the proposal for a regulation of (known as “backloading”). With regards to backloading, the European Parliament and of the council on the Poland presented a paper, based on Commission data, implementation and exploitation of European satellite which appeared to show the negative financial impact navigation systems. The council’s position on this that backloading would have for certain member states. regulation, which will provide the legal basis for taking The Commission responded by questioning the validity forward the Galileo satellite navigation programme of their analysis and was supported by the Netherlands. from 2014, was agreed earlier in the year. However, A proposal to define the modalities for reaching the technical discussions with the European Parliament 2020 targets to reduce CO2 emissions from cars and since then have not led to much progress. The dossier vans was also presented. Most member states who will be passed to the Irish Presidency to conclude intervened supported the proposal’s ambition in terms negotiations with the European Parliament once the of target levels, and most supported looking at longer-term budget for Galileo under the MFF has been confirmed. targets post-2020. The presidency also presented information on proposals for accounting rules and The council adopted conclusions on the action plans on greenhouse gas emissions and removals communication on “EU’s External Aviation Policy— relating from activities related to land use, land use Addressing Future Challenges”. The Commission change and forestry (LULUCF). Finally, the Irish welcomed the conclusions, highlighting in particular presented their priorities for the forthcoming Irish the worsening aviation relationship with Russia, especially Presidency. Russia’s ongoing refusal to implement its commitments on Siberian overflight charges. The Commissioner The UK also held short bilateral meetings with called for collective action at EU level and said he Croatia, France, the Netherlands and Lithuania. would be producing a road map in the new year with a view to pursuing an EU/Russia comprehensive agreement EU: Transport Council in due course. Statement The council also adopted a proposal for a decision on the comprehensive aviation agreement between the EU and its member states and Israel. The original Earl Attlee: My honourable friend the Parliamentary plan had been for the agreement to be signed in the Under-Secretary of State for Transport (Stephen margins of the council, but due to internal political Hammond) has made the following Ministerial Statement. reasons, Israel was not able to sign at this time. The I attended the last Transport Council of the Cypriot Commission hoped that Israel would be in a position Presidency in Brussels on Thursday 20 December. to sign this agreement shortly after national elections in the Spring 2013. The Council agreed a general approach on the proposal for a directive of the European Parliament A high level co-operation agreement with Eurocontrol and the council on periodic road worthiness tests for (European Organisation for the Safety of Air Navigation) motor vehicles and their trailers and repealing directive was signed in the margins of the council. 2009/40/EC. Following widespread criticism of the Under any other business, the Commission provided Commission’s proposal at the October Transport Council, an update on recent discussions at the International the UK has been an active and leading negotiator at Civil Aviation Organisation to agree a global approach WS 11 Written Statements[LORDS] Written Statements WS 12 to tackling emissions from aviation. The Commission I saw for myself some of the magnificent work that clarified that it was proposing a temporary derogation results from this multi-agency response when I visited on enforcement of the Aviation Emissions Trading Upton-upon-Severn to see new flood defence schemes System (ETS) relating to international flights and successfully keeping high river flows at bay. I also met hoped the European Parliament and the council would some of the people who managed the response at the approve this through a decision in the first quarter of local incident room in Tewkesbury. Last Thursday the next year. Under-Secretary of State, my honourable friend Richard Also under any other business, France tabled a Benyon visited Dorset and Wiltshire to gain a better room document which called for a discussion to be understanding of the continuing groundwater flooding held in the International Maritime Organization on challenges and to meet some of the people who the 2015 deadline for implementing the new requirements contributed to our operational response in the region. on the sulphur content of marine fuels. A number of As river levels fall, saturated ground continues to member states intervened and stressed that they would lead to potential groundwater flooding problems. The be keen to discuss practical issues, such as the cost of Environment Agency’s teams will be monitoring low sulphur fuels to businesses. groundwater levels across England and Wales for many The Cleaner Power for Transport Package which weeks to come and advising local authorities which was due to be discussed as an AOB item was taken off lead on groundwater flooding. As the rain eases over the agenda. the coming days slower responding rivers such as the Keith Brown MSP, Scottish Minister for Transport Thames, Severn, Nene and the Ouse in Yorkshire, will and Veterans also attended. continue to rise in their lower reaches. The Environment Agency will be monitoring these closely. The recent heavy rain caused major disruption to Flooding the rail network in different parts of the UK, particularly Statement in the south-west of England. Major flooding resulted in certain sections of the network being closed and this was compounded by landslips resulting in severe The Parliamentary Under-Secretary of State, Department damage to tracks and signalling equipment. Where for Environment, Food and Rural Affairs (Lord De possible train operating companies either re-routed Mauley): My right honourable friend the Secretary of services or provided alternative means of transport, State for Environment Food and Rural Affairs has although this was not always possible due to local today made the following Statement. road conditions. The period leading up to Christmas and in to the On the roads there was some initial minor disruption new year has again seen flooding across the country. to the strategic road network but the major impact This was particularly unfortunate in that it impacted was on local roads under the responsibility of local on people and families during the festive season and I authorities. would like to offer my sincere sympathies to those who In addition to the impacts on homes and businesses were affected. around the country, the current floods have been The recent floods which began mid way through keenly felt among farmers. The Somerset levels and December affected much of the country. Following on moors have been inundated for a large proportion of from previous flooding in November and a very wet the year and continue to be under water. The Lower summer, the December rainfall quickly led to further Hampshire Avon has been at flood risk since early flooding. Although rain is not unusual at this time of July. In the north-east, there has been extensive and year we have experienced a prolonged period of heavier prolonged flooding of agricultural land in the Vale of than usual rainfall during the year. 2012 was the York. I recognise the difficulties that this situation wettest on record in England with some areas experiencing presents to farmers and offer my sincere sympathies to over 131% of average levels. This heavy rain led to those who have been affected. It is important to note flooding from rivers, groundwaters and surface water. that investment in flood defence schemes has protected The December floods affected many parts of the agricultural land. For example, 59 projects completed country with 532 properties flooded, most notably in during 2011-12 provided an improved level of flood the south-west with 379 properties impacted. Nearly protection to more than 74,000 hectares of agricultural 22,000 properties were protected from flooding and land. We recognise that concerns have been raised over 135,000 properties were sent a warning about the about clearance of water channels in rural areas and potential risk of flooding giving people essential time that the department is working with the Environment to protect their homes and possessions. In total over Agency to examine the issue. My department and its 1.1 million people are signed up to receive Environment agencies will continue to do all that we can to issue Agency flood warnings. warnings and to moderate the impacts of floods. We I would like to pay tribute to the work of the will assess the long term impact of the recent saturation Environment Agency, fire, ambulance, police and other of agricultural land. rescue services, local authorities, the voluntary sector The Government recognise the adverse impacts and local communities who contributed to the flood that flooding has had on communities, both urban response. This is particularly relevant for those who and rural, across the country throughout 2012. Continued put aside their traditional Christmas and new year government investment means that during 2012 we have celebrations to help others and to them I offer my been able to protect a total of over 200,000 properties sincere thanks. from flooding. We now expect to exceed our goal to WS 13 Written Statements[8 JANUARY 2013] Written Statements WS 14 better protect 145,000 homes from flooding and coastal May 2010– erosion by March 2015. The Autumn Statement 2009-10 April 2010 March 2011 2011-12 announced an extra £120 million for flood defences in England during this spending period allowing us to £6.7m £0.8m £2.9m £1.9m protect up to a further 60,000 properties. We remain committed to ongoing discussions with the ABI, on behalf of its members, and others about Official cars are an essential service for Ministers in what replaces the statement of principles agreement. order that they can carry out their work effectively but It would not be appropriate to comment in detail on we are committed to continuing our focus on the cost their progress. A range of options are on the table and of this service. discussions have been very constructive. No final decisions have been taken. The charges recorded in the Statement also reflect We are keen to improve on the statement of principles. the progress made on restructuring the service to We need a solution that ensures affordable insurance maximise value for money while improving standards bills for those at flood risk but does not place unsustainable of service delivery. This programme of reform includes costs on wider policyholders and the taxpayer. The the development of a new service model which will Secretary of State for Communities and Local offer up further cost savings on the provision of the Government is responsible for the Bellwin scheme of service. The new service model was announced in emergency financial assistance to help local authorities February 2012 and introduced in April 2012. The with the immediate costs associated with protecting associated charges will be reflected in next years’ WMS. life and properties in their areas. His department stands ready to support all councils that have suffered The figures for 2011-2012 are: from the devastating floods including financial support through the Bellwin Scheme and we are monitoring Allocated Allocated Ministerial the situation carefully. Department Cars1 Cost Car Pool Total Cost High river levels, groundwater flooding, standing Attorney 1 £76,645.29 £15,495.00 £92,140.29 water and surface water run-off continue to make General’s conditions difficult in different parts of England. I Office encourage people to continue to take care and think Cabinet 1 £58,097.77 £24,456.90 £82,554.67 about their own safety and that of friends, relatives Office Department 1 £71,075.32 £3,270.71 £74,346.03 and neighbours. for These floods, coming as they have after a long Business, series of previous floods, have been a tragedy for those Innovation and affected, and I want to conclude by paying tribute to Skills the wonderful community spirit that I, the Under- Department 1 £71,912.21 £91,270.73 £163,182.94 Secretary of State for Environment, Food and Rural for Affairs, my honourable friend the Member for Newbury, Education and Members across the House have seen around the Department 1 £83,689.50 £119,130.47 £202,819.97 country in their local communities. I shall, of course, for keep the House informed of any further significant Communities and developments. Local Government Department 0 £0.00 £1,740.81 £1,740.81 for Government Car and Dispatch Agency Culture, Media Statement and Sport Department 0 £0.00 £36,687.79 £36,687.79 Earl Attlee: My Honourable friend the Parliamentary for Energy Under-Secretary of State for Transport (Stephen and Hammond) has made the following Ministerial Statement. Climate I am publishing today details of the charges incurred Change by departments for the use of official government cars Department 1 £74,013.16 £5,691.82 £79,704.98 for provided to Ministers by the Government Car and Environment, Despatch Agency (GCDA) during the year 1 April 2011 Food to 31 March 2012. This is in line with previous annual and statements. Rural Affairs The charges recorded in the Statement show a Department 0 £31,649.41 £48,434.94 £80,084.35 continuing reduction in the amount spent on official for cars for Ministers. Costs to departments have seen a International 49 per cent reduction in the latest figures when compared Development to those of the previous year and a 72 per cent Department 1 £84,818.65 £56,221.79 £141,040.44 reduction when compared to the figures for April 2009 for to March 2010: Transport WS 15 Written Statements[LORDS] Written Statements WS 16
Allocated Allocated Ministerial This mid-term review highlights the key actions of Department Cars1 Cost Car Pool Total Cost the coalition to date and illustrates the progress that has been made in taking forward the principal policies Department 1 £87,388.17 £57,117.69 £144,505.86 contained within the programme for government. for Work and On all of their key aims the coalition Government Pensions remain steadfast and united. Department 1 £7,885.11 £119,966.86 £127,851.97 As well as describing what has been done since the of Health start of the Parliament, the review document also sets Foreign 0 £0.00 £23,020.77 £23,020.77 out the coalition’s priorities for the remainder of the & Parliament—with the twin aims of enabling the UK Commonwealth to compete in the global race at a time of increasing Office international competition and of enabling all of our HM 1 £105,640.88 £47,802.27 £153,443.15 citizens to fulfil their aspirations. Treasury The Government will, above all, prioritise reducing Home 1 £75,922.71 £60,919.17 £136,841.88 Office the deficit, rebalancing the economy, and reforming Ministry 0 £0.00 £0.00 £0.00 welfare and education. But the review identifies a large of number of policies in other areas that will be implemented Defence during the second half of the Parliament—including Ministry 1 £91,509.03 £103,405.45 £194,914.48 setting out some future policy directions. of Justice I am placing a copy of the review document in the Northern 0 £0.00 £34,289.71 £34,289.71 Libraries of both Houses. Ireland Office Scotland 0 £0.00 £60.00 £60.00 Office Licensing: Entertainment Wales 1 £78,067.12 £6,380.00 £84,447.12 Office Statement 13 £998,314.33 £855,362.88 £1,853,677.21 1 Number of Allocated cars as of the 31st of March 2012. Viscount Younger of Leckie: On Monday 7 January One allocated car service terminated mid-year 2013, my right honourable friend the Minister for Sport and Tourism (Hugh Robertson MP) made the Where Ministers were provided with a protected following Statement. service because of their need for greater security, the costs related to this service are not included as this is In late 2011, the Department for Culture, Media not paid for directly by departments but centrally by and Sport launched a consultation into reforming the the Home Office. regime that regulates many public and charitable entertainment activities. Ministers may use other means of transport or other secure providers of car services, so the official The consultation was launched after many years of figures provided by GCDA for the Statement may not calls to reduce unnecessary regulation arising from the reflect the total spend by departments on cars used for 2003 Licensing Act for low risk activities that hamper ministerial travel. cultural and community creativity, restrict charities and prevent small businesses from diversifying. These figures do not cover the full costs of delivering the car service. These are set out annually in the These activities, and the many of the organisations GCDA annual report and accounts. and institutions that host them, play a pivotal role in our communities. We are determined to ensure that needless bureaucracy does not restrict these kinds of positive contribution to society.This is why we announced Government: Coalition Government our intention to act in the coalition programme for Statement government, the Growth Review, the Red Tape Challenge, and in the departmental business plan for the Department Lord Wallace of Saltaire: My right honourable for Culture, Media and Sport. The consultation received friend the Minister for Government Policy (Oliver a very full response—around 1350 responses—and the Letwin) made the following Written Ministerial Statement department has examined every comment carefully. on Monday 7 January. We are extremely grateful to everyone who responded. Today, at the halfway point in the Parliament, the This consultation has played a full part in shaping Government are publishing a mid-term document. future policy. Its key findings were that there was considerable support for deregulation, but that certain Two and a half years ago, the coalition came together protections needed to be retained, including an 11 pm and formed a Government at a time of significant end time for deregulated performance, and, in most economic danger. The programme for government, circumstances, a lower audience cap than was originally which was published in May 2010, described the decisions proposed. and policies that the Government believed were required to address the fiscal deficit, to rebalance the economy, The new policy for entertainment is outlined below: to improve the public services, to build a better society Performance of plays: no longer requires a licence and to reinforce Britain’s position in the world. between 08:00-23:00 for audiences of up to 500 people WS 17 Written Statements[8 JANUARY 2013] Written Statements WS 18
Performance of dance: no longer requires a licence Details about the appointment of the administrator, between 08:00-23:00 for audiences of up to 500 people Matthew Kershaw, were given in a Written Ministerial Indoor sport: no longer requires a licence from Statement issued on 12 July 2012, Official Report, 08:00-23:00 for audiences of up to 1,000 people. cols 47-48ws. Live music has already been partially deregulated The report was provided to me in accordance with under the Live Music Act 2012, which came into force Chapter 5A of the National Health Service Act 2006, on 1 October 2012, with the following effect: as introduced by the Health Act 2009, and has today unamplified live music deregulated between 08:00- been laid before Parliament and made publicly available 23:00 with no restrictions on audiences size; and at: amplified live music deregulated between 08:00- www.dh.gov.uk/health/2013/01/south-london- 23:00 in premises licensed for sale and supply of healthcare/ alcohol, and in certain workplaces. We will, additionally, retain the key protections of Copies are available to honourable Members from the Live Music Act 2012, but raise the permitted the Vote Office and to noble Lords from the Printed audience ceiling from 200 to 500, in on-licensed premises Paper Office. and workplaces in line with the most other deregulated I would like to thank Matthew Kershaw for the activities work he has carried out in producing his report. This Recorded music: in line with live music deregulation, is the first time the trust special administrator’s regime regulation for recorded music (mainly discos and DJs) has been used since the last Government introduced will be suspended between 08:00-23:00 in premises the provisions which were enacted in the Health Act licensed for the sale and supply of alcohol. This measure, 2009. In accordance with the legislation, in addition to like live music deregulation, is subject to controls from producing his recommendations on the future of the the local licence review process. trust, Mr Kershaw has also been responsible for managing We also intend to exempt from most forms of South London Healthcare NHS Trust and maintaining entertainment licensing: services for patients while the board is suspended pending the outcome of the regime. I do not underestimate Community venues (including local authority) the demands this has placed on him. Schools Nurseries In triggering this regime, the Government’s priority was to ensure that patients continue to receive high-quality, Hospitals sustainable NHS services. At the time Mr Kershaw Circuses was appointed last July, South London Healthcare Film exhibition: we will consult in the coming NHS Trust was overspending by £1 million a week. In months on detailed proposals to partially deregulate the last financial year, the trust had a deficit at over community film exhibition while maintaining important £65 million, the largest in the country. Left to itself, age restriction protections for children. the trust’s very severe financial position would have We will bring the measures into effect as the continued in a downward spiral of continuing deficits parliamentary timetable allows. and ultimately threaten the quality of care for patients across south-east London. I am arranging for a summary of responses, and the Government’s full response, to be made available on The challenges facing South London Healthcare the DCMS website and be deposited in the Libraries NHS Trust are complex and long standing. To date, it of both Houses. has not proved possible to ensure that South London I will also place the impact assessment on the Healthcare NHS Trust is able to secure a sustainable website and in the Libraries of both Houses in due future for its services within its existing configuration course. and organisational form. The Government’s priority is to ensure the delivery of a long-term, viable solution for services provided by the trust if it cannot be made sustainable. All responses to my predecessor’s statutory NHS: South London Healthcare NHS consultation on whether to trigger the regime, including from South London Healthcare NHS Trust itself, Trust stated that a solution for the trust cannot be viewed in Statement isolation from broader service provision within south-east London.
The Parliamentary Under-Secretary of State, Department In accordance with my statutory duty, I will consider of Health (Earl Howe): My right honourable friend the the trust special administrator’s recommendations carefully Secretary of State for Health (Mr Jeremy Hunt) has and make a final decision that can secure sustainable made the following Written Ministerial Statement. services for the people of south-east London by 1 February. In considering the recommendations, I I wish to inform the House that the trust special will examine particularly: administrator appointed to South London Healthcare NHS Trust provided me with his final report on 7 January whether the recommendations are likely to provide 2013. It makes recommendations to me in relation to a sustainable long term financial position which securing a sustainable future for services provided by will secure high quality services in the local area for that organisation. the future; and WS 19 Written Statements[LORDS] Written Statements WS 20
whether the recommendations have regard to the Railways: Franchises Government’sfourkeytestsforlocalservicereconfiguration. Statement These are support from GP commissioners, strengthened public and patient engagement, clarity on the clinical evidence base and support for patient choice. Ultimately, my priority is to ensure that all NHS hospitals live within their budgets and achieve the best Earl Attlee: My right honourable friend the Secretary quality care, best patient outcomes and best patient of State for Transport (Patrick McLoughlin) has made experience for all their NHS patients. the following Ministerial Statement. I will inform the House of my decision as soon as I would today like to give an update on the situation reasonably possible afterwards. in relation to franchised train operator London Midland (LM). Passengers who use LM trains may be aware that the operator has been experiencing difficulties recently, Ports with a number of services being cancelled due to a Statement shortage of driving staff. This situation has caused inconvenience and disruption, particularly to passengers in the West Midlands, many Earl Attlee: My right honourable friend the Minister of whom have expressed their dissatisfaction to me. I of State for Transport (Simon Burns) has made the very much share their disappointment that they have following Ministerial Statement. not had the reliable service that they rightly expect. In January 2010 Dover Harbour Board (DHB) However, although the recent levels of performance submitted a voluntary transfer scheme in accordance have been extremely disappointing, I am pleased to with Section 9 of the Ports Act 1991, which allows a say that the measures that LM has put in place are relevant port authority to voluntarily submit a transfer beginning to work. scheme, which, if confirmed by the Secretary of State LM has implemented increases to driver efficiency for Transport, would allow the port to be privatised. to enable drivers to operate an increased number of This was followed by a statutory consultation period routes during existing shifts, improved driver training on Dover’s transfer scheme that ended on 25 March 2010. processes, provided additional incentives for drivers to On 16 May 2011 the then Secretary of State for work overtime and put in place new measures that Transport, the right honourable Member for Runnymede allow for drivers to cover shifts on other parts of the and Weybridge (Philip Hammond), launched a network where there are shortages. consultation on the criteria that the Government consider This is in addition to the ongoing training programme relevant when considering the appropriateness of the that LM is undertaking to ensure that new drivers sale of a major trust port. The revised criteria—Secretary enter productive service as quickly as possible. of State for Transport’s Guidance Note concerning However, LM’s performance has been of such a procedure for the sale of trust ports—was published on level that it is now in breach of its contractual obligations. 3 August 2011. We have made London Midland aware that it must In response to the revised criteria, DHB submitted now take action to compensate passengers for the more information in June 2012, and there was a further disruption caused. We have, therefore, agreed with six-week period for representations which ended on LM that it will provide a substantial package of passenger 27 July 2012. benefits by way of compensation for the inconvenience I took over as decision Minister from the right that has been caused. honourable Member for Chipping Barnet (Theresa LM has agreed to spend an additional £4 million Villiers) in September 2012 and wish to announce over the remainder of the franchise to put in place the decision, on behalf of the Secretary of State, to the measures to ensure that these problems do not happen House today. again. In addition, the package of passenger benefits I have decided not to confirm DHB’s transfer scheme. includes the issue of five free rail day passes to London I reached my conclusion taking into account the published Midland season ticket holders, with an expected value policy. I concluded that the transfer scheme proposed of up to £3.5 million. We have also agreed that London would not ensure a sufficient level of enduring community Midland will invest a further £2.25 million in infrastructure participation in the port. I also concluded that so far improvement projects. We have required London Midland as the board made the application in order to be able to discuss with Centro, the West Midlands Passenger to obtain the additional finance necessary to undertake Transport Executive, how the majority of this money the proposed redevelopment of the Western Docks, will be invested for the benefit of those passengers there were other options available to secure that who have experienced the worst disruption. redevelopment. As a result of this consultation, LM has agreed that The full decision letter will be available on the most of this money should be directed towards measures department’s website shortly after this statement. such as improvements to safety and security at stations My honourable friend the Parliamentary Under-Secretary and improving the reliability and efficiency of LM trains. of State, the honourable Member for Wimbledon (Stephen Lastly, we have also agreed with LM that it must Hammond) as Minister for Maritime, will now discuss make available an additional 500,000 advance tickets with DHB their plans for the future of the port. on key routes on the LM network, giving a net benefit WS 21 Written Statements[8 JANUARY 2013] Written Statements WS 22 of around £1.9 million to passengers who will be able Its principal aims are: monitoring the operation of the to take advantage of these cheaper fares over the next youth justice system in England and Wales; advising two years of the franchise. the Secretary of State for Justice on the operation of I hope that LM will be able to remain the operator the youth justice system, national standards, and on of this franchise for the remainder of its contract—to how to prevent offending by children and young people; September 2015. But London Midland will continue making grants to youth offending teams and other to work to challenging performance benchmarks for organisations to support development and delivery of the remainder of the franchise, and we will take further good practice; placing young people in custody; and action (including ending the franchise early and providing secure accommodation for both remanded retendering it if appropriate) in the event of any and sentenced children and young persons. recurrence of performance problems. To deliver the coalition Government’s commitment In addition to the package of passenger benefits, to transparency and accountability, the Youth Justice we have agreed to revise the profile of performance Board will be subject to a triennial review. As part of benchmarks for the next year to include additional the triennial review process, the Ministry of Justice, as measures that can penalise LM financially in the event the sponsoring department, has today launched a of further poor performance. We have also agreed consultation which will last until 15 February 2013 financial measures to ensure that the reduction in inviting views. The review will be conducted fully in revenue as a result of the free and discounted tickets is line with Cabinet Office guidance Guidance on Reviews borne by LM, and not by the taxpayer. of Non Departmental Public Bodies and will consider I am confident that this package, on balance, represents the following: a good deal for passengers and taxpayers, and sends a the continuing need for the Youth Justice Board to message to the industry that this level of cancellations carry out each of its functions in their current form; is unsatisfactory. I hope that LM can now put this and period behind it, and continue to operate a good service for its passengers for the remainder of its franchise. where it is agreed that the individual functions should remain,toreviewthecontrolandgovernancearrangements Youth Justice Board in place to ensure that the public body is complying Statement with recognised principles of good corporate governance. In conducting the triennial review, officials will be The Minister of State, Ministry of Justice (Lord engaging with a range of stakeholders of the Youth McNally): My honourable friend the Parliamentary Justice Board. In addition, the triennial review will Under-Secretary of State for Justice (Jeremy Wright) take into account evidence collated during previous has made the following Written Ministerial Statement. reviews where still relevant. In March 2011 the Government responded to the Public Administration Select Committee report Smaller In 2011, the Government decided not to pursue Government: Shrinking the Quango state setting out abolition of the Youth Justice Board as part of the the coalition’s plans for reforming the public bodies Public Bodies Act 2011, restating their commitment to sector. It includes the requirement to undertake triennial maintaining a distinct focus on the needs of children reviews of executive and advisory non-departmental and young people in the youth justice system. It is public bodies (NDPBs). against this backdrop that this triennial review is taking place. The Youth Justice Board is an executive non- departmental public body of the Ministry of Justice The final report and findings will be laid in this established in 2000 by the Crime and Disorder Act 1998. House.
WA 1 Written Answers[8 JANUARY 2013] Written Answers WA 2
the PCT’s area in so far as that provision falls within Written Answers Regulation 3(7)(a)(iii) or (b)(i) and is considered by the PCT to be necessary to meet all reasonable requirements. Tuesday 8 January 2013 The PCT can take into account all relevant factors in deciding what is necessary to meet all reasonable requirements. Each PCT, in exercising the delegated duty in relation to abortion services, will make its own Abortion judgment whether to provide treatment to a woman Questions resident in Northern Ireland, based on the circumstances of each case. Asked by Lord Hunt of Kings Heath Asked by Lord Alton of Liverpool To ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 22 October To ask Her Majesty’s Government, further to (WA 1), what is the legal basis on which the duty to the Written Answer by Earl Howe on 17 December provide abortion services for women living in Northern (WA 268), whether they will collect data on the sex Ireland has been delegated to primary care trusts; of unborn babies aborted after 10 weeks gestation; whether primary care trusts are able to discharge and why they do not collect that data already. that duty for all such women patients or only specified [HL4256] categories of women patients; and, if so, for what categories. [HL4097] Earl Howe: Work is in progress to monitor gender ratios at birth following a recent report by the Council of Europe Parliamentary Assembly. While the overall The Parliamentary Under-Secretary of State, Department United Kingdom birth ratio is within normal limits, of Health (Earl Howe): The Secretary of State has a analysis of birth data for the calendar years from 2007 duty under Section 3 of the National Health Service to 2011 has found the gender ratios at birth vary by Act 2006 to provide a variety of secondary care services mothers’ country of birth. For the majority of groups, to such extent as he considers necessary to meet all this variation is the result of small numbers of births reasonable requirements. This duty is delegated to and does not persist between years. primary care trusts (PCTs) in Regulation 3(2) of, and However, for a very small number of countries of Part 2 of Schedule 1 to, the National Health Service birth there are indications that birth ratios may differ (Functions of strategic health authorities and primary from the UK as a whole and potentially fall outside of care trusts and administration arrangements) (England) the range considered possible without intervention. Regulations 2002 (“the Regulations”). However, it is possible that this is also the product of Regulation 3(7) of the regulations sets out who a natural variation. Monitoring of this issue will continue. PCT is responsible for exercising functions (including Identifying the gender of aborted foetuses over the Section 3 duty) in respect of. Under Regulation 10 weeks’ gestation raises ethical and clinical issues. 3(7), there are two sets of limited circumstances in We have no plans to introduce such a practice. which PCTs would be able to exercise their delegated functions to provide abortion services to women resident in Northern Ireland. The first is set out in Regulation 3(7)(a)(iii), which provides that a PCT shall exercise its Adoption delegated functions in so far as those functions consist Question of the provision (or securing the provision) of certain services to “qualifying patients” resident in Scotland, Asked by Lord Alton of Liverpool Wales or Northern Ireland who are present in its area To ask Her Majesty’s Government how many and do not fall under the responsibility of another newborn babies were available for adoption during PCT. This essentially covers persons resident in the the past 12 months for which figures are available. above countries with serious mental illness who are [HL4259] present in a PCT’s area. The second is set out in Regulation 3(7)(b)(i), which provides that a PCT must exercise its delegated functions in so far as those Baroness Garden of Frognal: Information on the functions consist of the provision (or securing the number of newborn babies available for adoption is provision) of accident and emergency services for the not collected by the department. Information is collected benefit of all persons resident in its area. on the number of looked-after children for whom the A PCT’s functions under Regulation 3(7)(a)(iii) will decision has been made by the local authority that it clearly be exercisable only in respect of the limited would be in the child’s best interests to be placed for number of women who fall within that provision. A adoption. The number of looked-after children aged PCT’s functions under Regulation 3(7)(b)(i) will be under 1 at 31 March 2012 and with such an adoption exercisable in respect of any person present in the decision in place was 3,670. A further 50 children aged PCT’s area. under 1 at 31 March 2012 were placed for adoption There is no absolute right for a patient to receive with the consent of parents or guardians. particular treatment under the NHS. A PCT has delegated Of the 3,670 looked-after children with an adoption powers to provide abortion services to a woman who is decision in place, 560 had also become the subject of a ordinarily resident in Northern Ireland but present in placement order in the year ending 31 March 2012. WA 3 Written Answers[LORDS] Written Answers WA 4
Afghanistan Lord De Mauley: There is presently no agreed definition Questions of a healthy soil and we do not intend to develop one for the purposes of common agricultural policy reform. Asked by The Earl of Sandwich However, research has been carried out to define To ask Her Majesty’s Government what discussions quantitatively the properties of soils that support different they are having with the Government of Afghanistan ecosystem services and we are continuing to fund regarding the protection that is currently given to further research in this area. The Government’s vision United Kingdom-managed or United Kingdom- for soils is set out in the Natural Environment White supported official aid and development programmes Paper 2011, The Natural Choice. This states that by by British or NATO and International Security 2030 we want all of England’s soils to be managed Assistance Force armed forces which are due to be sustainably and degradation threats tackled successfully withdrawn after 2014. [HL4356] in order to safeguard their ability to provide essential ecosystem services and functions for future generations. To ask Her Majesty’s Government whether any UK-supported Afghan aid projects in the voluntary sector currently receive protection from British or NATO and International Security Assistance Force Airports: Gatwick and Heathrow Armed Forces; and what provision has been made Question for their future protection after 2014. [HL4357] Asked by Lord Kennedy of Southwark To ask Her Majesty’s Government what assessment Baroness Northover: One UK-supported development they have made of the Institute of Directors’ report programme is protected by International Security into airport expansion at Gatwick and Heathrow. Assistance Force (ISAF) troops. The FCO-funded [HL4305] infrastructure project “Route 611” is scheduled for completion before ISAF forces redeploy at the end of 2014 whereupon ownership will transfer to the Afghan Earl Attlee: The Government’s position on expansion Government. The UK Government are in regular at Heathrow and Gatwick airports remains unchanged contact with the Afghan Government, in Helmand and as set out in our coalition agreement. and Kabul, to ensure that adequate funding is provided We have, however, appointed Sir Howard Davies to for future operation and maintenance of all current UK chair an independent commission to identify and development projects transferring to Afghan ownership. recommend to Government options for maintaining the UK’s status as a leading global aviation hub. I would encourage the Institute of Directors to Agriculture: Soil Management submit any relevant evidence on such matters to the Questions Airports Commission. Asked by Baroness Miller of Chilthorne Domer To ask Her Majesty’s Government how they contributed to the World Soil Day on 5 December Airports: Security organised by the Food and Agriculture Organization Questions of the United Nations and the subsequent 3-day Asked by Lord Laird technical workshop on Sustainable Soil Management; and whether anyone from the United Kingdom took To ask Her Majesty’s Government what regulatory part. [HL4107] system applies in respect of security for passengers at airports; and what are the risks which any such system is intended to mitigate. [HL4299] The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): The Government did not take any specific Earl Attlee: The European Union has competence action to contribute to World Soil Day 2012. Nevertheless, in the field of aviation security. Accordingly, UK the Government continue to raise awareness and knowledge airports are subject to European regulations that set of soils issues through, for example, close working common rules for safeguarding civil aviation. with farming stakeholders and research councils. In addition, the UK has a number of requirements The Food and Agriculture Organisation’s (FAO) in place over and above those common rules (known technical workshop on sustainable soil management as more stringent measures); these are regulated under was attended by the President of the British Society of powers contained in the Aviation Security Act 1982. Soil Science (BSSS). Defra is continuing to liaise with The regime is designed to mitigate the risk of acts the BSSS on the development of the Global Soils of unlawful interference with civil aviation, primarily Partnership, which is being taken forward under the arising from the terrorist threat. auspices of the FAO. Asked by Baroness Miller of Chilthorne Domer Asked by Lord Laird To ask Her Majesty’s Government what is their To ask Her Majesty’s Government how they definition of a healthy soil; and whether they intend determine the adequacy of security arrangements at to develop that definition further for the purposes foreign airports; and on what risks their determination of the common agricultural policy reform.[HL4108] is based. [HL4300] WA 5 Written Answers[8 JANUARY 2013] Written Answers WA 6
Earl Attlee: Internationally, civil aviation is overseen Arts: Funding by ICAO (the International Civil Aviation Organisation), Question a specialist body of the UN. Under the ICAO treaty the responsibility for aviation security lies with host Asked by Lord Beecham states. In order to validate this, ICAO carries out a programme to audit aviation security in each state. To ask Her Majesty’s Government what proportion The results of these audits are confidential to the state of central funding for the arts in the financial years and ICAO. 2011–12 and 2012–13 was (1) for capital programmes, and (2) for revenue support. [HL3892] The Department for Transport maintains a small network of overseas liaison officers who work with states in Africa, the Middle East and Asia to share Viscount Younger of Leckie: The Department for UK experience and improve aviation security. Their Culture, Media and Sport (DCMS) is unable to provide views, along with information from other sources and details of potential funding provided for the arts across advice from the Joint Terrorism Analysis Centre, enable all of government, as this information is not held the department to establish a view of risk and consequently centrally and could only be provided at disproportionate to provide appropriate advice to UK air carriers on cost. However, the funding DCMS provided to Arts security measures at the foreign airports that they Council England (ACE) in the financial years 2011-12 operate to. and 2012-13 can be found in the following table.
Armed Forces: Afghanistan Capital Revenue Programmes Support and % Question and % of total of total Asked by The Earl of Sandwich funding funding Total To ask Her Majesty’s Government how many 2011-12 £13.032m £376.669m £389.701m projects currently supported by the Ministry of (outturn) (3%) (97%) Defence in Afghanistan will qualify or be proposed 2012-13 £21.271m £346.408m £367.679m for funding from the Department for International (budget) (6%) (94%) Development after 2014; and whether new defence projects such as the officers’ academy will qualify These figures exclude funding from the Department for Department for International Development for Education for cultural education programmes, funding. [HL4358] museums capital and revenue funding and restructuring costs in 2012-13. Revenue support includes administration Baroness Northover: There are no plans to transfer costs. existing Ministry of Defence (MoD) projects to the Department for International Development ownership. In addition to the funding provided to ACE, DCMS MoD funding arrangements for the Officer Academy provided the following funding to support the arts. are still to be confirmed but we expect these to be Capital Revenue discussed as part of next year’s Comprehensive Spending Programmes Support and % Review. and % of total of total funding funding Total
Arms Trade Treaty 2011-12 £0.761m £1.437m £2.198m Question (outturn) (35%) (65%) 2012-13 £0m £1.025m £1.025m Asked by The Lord Bishop of Wakefield (budget) (100%) To ask Her Majesty’s Government how they intend to build international support for the draft text of an arms trade treaty following negotiations at the United Nations in July 2012. [HL3952] Asylum Seekers Questions The Senior Minister of State, Department for Communities Asked by Lord Roberts of Llandudno and Local Government & Foreign and Commonwealth Office (Baroness Warsi): The UK played a leading role To ask Her Majesty’s Government how many in securing a resolution at the UN 1st Committee last asylum applications had been outstanding for more month. The resolution calls for the convening of a than 12 months in each year from 2008 to 2011; and diplomatic conference from 18-28 March 2013 to finalise how many have currently been outstanding for more work on the treaty. An overwhelming majority of than 12 months. [HL4131] states (157) voted for the resolution, including the US, China and India, with only 18 countries abstaining and none voting against. The Parliamentary Under-Secretary of State, Home We have begun to discuss the draft text from the Office (Lord Taylor of Holbeach): The numbers of July conference with stakeholders in the non-governmental asylum applications made between 2008 and 2011 that organisations community, industry and key allies. With had been outstanding for more than 12 months before a clear set of priorities established, we will then work an initial decision, by year, are shown in the attached intensively to build the necessary consensus around table. The applications referred to in the data are not them in advance of the March conference. necessarily still outstanding. WA 7 Written Answers[LORDS] Written Answers WA 8
Asylum applications made 2008 to 7 May 2011 from main applicants improvements, working with corporate partners to do outstanding for more than 12 months this. In addition, the agency has embarked on a major Number of review of the way in which information and advice is applications provided to asylum applicants throughout the process. outstanding for This includes specifically looking at the journey of Year in which more than Total main women through the process. application made 12 months applicants The agency continues to measure quality by auditing 2008 5,101 25,932 10% of first-instance asylum decisions but it is in the 2009 2,772 24,487 process of developing its “next generation” quality 2010 526 17,916 framework, which will broaden the scope of what is 1 Jan to 7 May 2011 295 6,722 measured to ensure compliance across the system. Notes: Information on the length of time cases have been outstanding has to be derived from existing data on the systems as follows: Bank of England 1. The asylum applications made 2008 to 7 May 2011 by main Question applicants outstanding for more than 12 months have been derived from data published as National Statistics in Table as.06. Asked by Lord Myners They have been derived by taking the number of applicants who applied that year and then checking whether they had an initial To ask Her Majesty’s Government whether they decision within 365 days of their application. If they did not have will introduce a nominal gross domestic product an initial decision at this point, we considered their application as target for the Monetary Policy Committee of the outstanding. The 2011 data relate only to applications between Bank of England. [HL4168] January and 7 May 2011 as the previously published data were extracted from CID on 7 May 2012, so applications after this point would all have been outstanding for less than a year. The Commercial Secretary to the Treasury (Lord Data from 2011 onwards are provisional figures. Sassoon): The Chancellor set the Monetary Policy Source: Table as.06 (extracted 7 May 2012) - Immigration Committee its remit, at Budget 2012, to target inflation Statistics July - September 2012 of 2%, as measured by the 12-month increase in the consumer prices index. The Government have no plans These figures are a subset of published data on the to change the inflation targeting framework. outcome analysis of asylum applications, based on the year of application in the release “Immigration Statistics, July to September 2012”, which is available Banking from the Library of the House and from the Home Question Office science website at: http://www.homeoffice.gov.uk/ Asked by Lord Myners publications/science-research-statistics/research- statistics/immigration-asylum-research/immigration- To ask Her Majesty’s Government whether retail q3-2012/ deposits with a bank within the proposed regulatory The number of asylum applications currently ring-fence will continue to be subject to a maximum outstanding for more than 12 months is 2,135. This limit on claims under the Financial Services figure is a subset of published data in the above Compensation Scheme. [HL4084] publication and has been derived by looking at asylum claims that were pending an initial decision on the The Commercial Secretary to the Treasury (Lord 30th September 2012, as published in Table as.01.q, Sassoon): The Financial Services Compensation Scheme and calculating for how many the application date was will continue to provide protection for up to £85,000 per prior to 30th September 2011. depositor, per authorised institution. Asked by Lord Hylton The level of protection is set out in the EU Deposit Guarantee Schemes Directive, which sets a maximum To ask Her Majesty’s Government what methods harmonised limit of ¤100,000. In line with this, the they are using to improve the quality of first decisions UK limit is £85,000. in asylum applications by women. [HL4236] Banking: European Central Bank Lord Taylor of Holbeach: The UK Border Agency is committed to improving the management of asylum Questions claims from women and this includes improving the Asked by Lord Myners quality of decisions in these cases. In October 2010 the agency published revised guidance to decision-makers To ask Her Majesty’s Government what is their on gender-based claims and, recently, the agency has assessment of the impact on the United Kingdom implemented a programme of mandatory training on banking industry of the establishment of a new gender issues to those decision-makers. supervisory role for the European Central Bank Both guidance and training were developed in over large banks in the eurozone. [HL4170] conjunction with corporate partners, including the United Nations High Commissioner for Refugees and The Commercial Secretary to the Treasury (Lord Asylum Aid. The agency has also carried out a thematic Sassoon): The Prime Minister’s Statement to the House review of decisions in gender-based cases and is of Commons on 17 December 20121 on the outcome using the outcomes from the review to plan further of the December European Council and the Government’s WA 9 Written Answers[8 JANUARY 2013] Written Answers WA 10
Explanatory Memorandum on European Union Financial Service Compensation Scheme to repay part Documents No. 13682/12, 13683/12 and 12854/12, on of the loan with HM Treasury, £0.7 billion was allocated the Commission’s proposal for a Single Supervisory to the Depositors’ and Investors’ Guarantee Fund Mechanism (SSM), set out the following key points: share of the loan and the remaining £0.2 billion was the current allocation of competencies between home used to reimburse HM Treasury for its statutory debt and host supervisor and the member state of the payments for deposit balances in excess of £50,000. banking group would not change; Negotiations with Iceland over the terms of a loan in terms of its regulatory impact, the new supervisory agreement in respect of the compensation paid to UK structure may result in additional costs for entities depositors of Icesave, the UK branch of Landsbanki whichhaveoperationsinparticipatingmemberstates—such hf, are ongoing. Progress is currently suspended pending as complying with additional requests for information the outcome of proceedings by the European Free from the European Central Bank (ECB), as well as Trade Association (EFTA) Surveillance Authority against relevant national competent authorities. However, Iceland in the EFTA Court in respect of Iceland’s these costs are anticipated to be small, relative to alleged failure to meet its legal obligations to UK and the benefits to be derived from the establishment of Dutch depositors under the EU deposit guarantee the SSM, in terms of strengthened supervision within directive. the eurozone; and 1 www.hm-treasury.gov.uk/d/hmt_annual_report_2012.pdf in terms of its financial impact, credit institution subsidiaries of UK firms established in participating member states would fund the new supervisory function Banks: Lending of the ECB through payment of a levy. At least Question some of the cost could be offset by a reduction in Asked by Lord Barnett the levy charged to finance national regulators. 1 http://www.publications.parliament.uk/pa/cm201213/ To ask Her Majesty’s Government what rate of cmhansrd/cm121217/debtext/121217-0001.htm#1212174000003 interest is paid by banks for funds under the funding Asked by Lord Myners for loans scheme; and to what extent interest rate reductions have been passed on to consumers through To ask Her Majesty’s Government whether United lower interest rates. [HL4093] Kingdom banks will be free to opt to be regulated by the European Central Bank (ECB) rather than The Commercial Secretary to the Treasury (Lord the Bank of England or its Prudential Regulatory Sassoon): The amount that banks participating in the Authority; and whether they have considered the Funding for Lending Scheme can borrow from the implications for the competitiveness of United Bank of England and the fee they pay for it are linked Kingdom banks if the ECB sets lower requirements to their lending performance to UK households and for capital and liquidity. [HL4260] businesses. Banks that maintain or increase their net lending pay a fee of 0.25% per year. Banks that Lord Newby: United Kingdom banks will not be decrease lending pay an additional 0.25% for each free to opt to be regulated by the European Central percentage point reduction in net lending, up to a Bank (ECB) rather than the Bank of England or its maximum of 1.5%, in the case where lending falls by Prudential Regulatory Authority. The Government more than 5%. have taken into consideration the implications for the It is still too early to judge the impact of the scheme competitiveness of the United Kingdom banks and on lending rates. However, mortgage rates quoted by will keep the position under review. banks have reduced by up to 0.4 percentage points since June 2012. Banks: Iceland Question Benefits Asked by Lord Laird Questions To ask Her Majesty’s Government how much Asked by Lord Greaves has been repaid to the United Kingdom by or in respect of each of the failed Icelandic banks; how To ask Her Majesty’s Government which much is still owed by each bank; and what steps Department for Work and Pensions benefit centres they are taking to ensure repayment. [HL4253] handle appeals against decisions to place recipients of the employment and support allowance in the The Commercial Secretary to the Treasury (Lord work-related activity group, and related matters; Sassoon): The Government expect full recovery of the and, in each case, (1) how many appeals are amount that Iceland is liable for, regarding failed outstanding, and (2) how long they expect to take banks. Information on payments in respect of Icelandic to deal with the current backlog. [HL4125] banks can be found in Sections 30, 31 and 33 of the 1 Treasury annual reports and accounts 2011-12 . The Parliamentary Under-Secretary of State, Department During 2011-12, the administrator for Icesave paid for Work and Pensions (Lord Freud): There are currently out dividends to HM Treasury and the FSCS of 39 centres handling employment and support allowance £1.3 billion. Of this, £0.4 billion was used by the appeals within the network of benefit centres. WA 11 Written Answers[LORDS] Written Answers WA 12
The work position is managed across the network However, details of ordinary residence and the and therefore the individual position of benefit centres right to reside in individual cases are not retained in a can be misleading as the work can be moved to sites format that can be accumulated and extrapolated. with more capacity. 1 http://www.hmrc.gov.uk/childbenefit/start/who-qualifies/ Additional resource has recently been moved into new-arrivals-uk.htm the benefit centre network to assist with the high 2 http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM10020.htm volumes of appeals that have been received and it is and http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM10070.htm currently expected that work volumes outstanding will Asked by Baroness Sherlock return to normal levels by the end of July 2013 on a national basis. To ask Her Majesty’s Government what is the This position is constantly being reviewed with an average time taken to process applications for disability aim to reducing the outstanding work at the earliest living allowance; whether there is a target time opportunity. within which those applications should be processed; and, if so, what proportion of applications meet Asked by Lord Beecham that target. [HL4323] To ask Her Majesty’s Government how many children under 16 live in households with working Lord Freud: The latest Average Actual Clearance and non-working parents respectively who will be Time for processing DLA claims is 28.4 days at November affected by the proposed 1% cap in benefit increases. year to date (April to November 2012). However, there [HL4167] is no set target for this measure. When reporting clearance times, the department uses a timeband measure of 79% of claims cleared in Lord Freud: Assessments of impacts will accompany 40 days. Against this target we are currently reporting the uprating order for 2013 and the forthcoming uprating 79.3% in the month for November and 76.8% year to Bill. date (April to November 2012). Asked by Lord Laird To ask Her Majesty’s Government, further to the Written Answer by Lord Sassoon on 17 December Burma (WA 270), why the information on the European Questions Union nationality of recipients of child benefits is not available; how they assess and record a claimant’s Asked by Baroness Uddin status as ordinarily resident and having a right to To ask Her Majesty’s Government what reside in the United Kingdom; and whether such representations they have made to the Government details can be accumulated and extrapolated. of Burma regarding the allegations of rape of women [HL4298] by Burmese military forces in Rohingya. [HL4147]
Lord Deighton: Nationality is not a condition of The Senior Minister of State, Department for Communities entitlement to child benefit, so it is not recorded or and Local Government & Foreign and Commonwealth retained in the relevant computer system. Office (Baroness Warsi): We have received many reports The factors which HMRC take into account when of human rights abuses in Rakhine State since the it assesses whether a claimant is ordinarily resident outbreak of violence in June, including reports that and has a right to reside in the United Kingdom are allege the involvement of government security forces summarised in public guidance which is published on in the rape of Rohingya women and girls. the departmental website1. During his recent visit to Burma, the Minister of The criteria for being ordinarily resident in the UK State for Foreign and Commonwealth Affairs, my to receive child benefit are to: right honourable friend the Member for East Devon have the main home in the UK; (Mr Swire), raised our concerns with the Burmese Foreign Minister, U Wunna Maung Lwin, and requested have chosen to live and settle here; and support for the Foreign Secretary’s preventing sexual only go abroad for short periods, for example, on violence initiative. During his visit to Rakhine State, holiday. Mr Swire met local government officials and delivered The criteria for having the right to reside in the UK strong messages on human rights including on ensuring to receive child benefit are for a person to be: that those accused of human rights abuses are held to a UK national; account. from the Channel Islands; The publication of the report by the investigative commission that was set up to probe the causes of the from the Isle of Man; or violence in Rakhine State has been delayed so that the from the Republic of Ireland. commission can incorporate its findings on the violence More detailed information about ordinary residence of late October. It will be important for investigations and the right to reside is contained in the HMRC into alleged atrocities, including rape, to be transparent Child Benefit Technical Manual, which is also published and thorough, ensuring that those who have committed on HMRC’s website2. crimes are held to account for their actions. WA 13 Written Answers[8 JANUARY 2013] Written Answers WA 14
Asked by Baroness Uddin including Rakhine State, between 12 and 15 December. He was able to see conditions in five camps and To ask Her Majesty’s Government what discussions settlements for internally displaced persons in Rakhine, they have had with the Government of Bangladesh including camps at Myebon and Pauktaw. regarding provision of assistance to Rohingyan Our assessment is that the violence in Rakhine refugees. [HL4148] State has been driven primarily by decades-long inter- communal tensions between communities in western Burma. The estimate from the UN Office for the Baroness Warsi: The Government raise regularly Co-ordination of Humanitarian Affairs on 12 December the issue of Rohingya refugees and the importance of was that 115,000 people have been displaced by violence continuing humanitarian aid with the Government during 2012; 36,000 of these from the incidents in of Bangladesh. Our high commissioner in Dhaka October. An unverified number of people have been raised the issue on 11 November with senior interlocutors killed, with official figures from the Burmese Government in the Bangladesh Government and wrote on the issue in the region of 80 people, but it is not possible to to the Bangladesh Prime Minister’s office on 15 August. confirm numbers precisely. The majority of killed and Officials from our high commission have previously displaced were from the Rohingya community, though visited the camps for displaced Rohingyas. The Secretary the Rakhine community has also been affected. Efforts of State for Foreign and Commonwealth Affairs, my to establish dialogue between community leaders have right honourable friend the Member for Richmond so far met with little success. (Yorks) (Mr Hague), raised this issue during a meeting with the Bangladesh Prime Minister, Sheikh Hasina, In meetings with the Burmese Government, both at on 28 July and the then Secretary of State for the national and local level, Hugo Swire pressed for increased Department for International Development (DfID), humanitarian aid access to all communities in need, my right honourable friend the Member for Sutton for those responsible for the violence to be brought to Coldfield (Mr Mitchell), raised it in a meeting with the account, including where security forces had been Prime Minister on 12 August. I also discussed our implicated, and for a long-term solution to the issues concerns with Dipu Moni, the Foreign Minister of affecting the Rohingya to include consideration of the Bangladesh, earlier this month. issue of citizenship. We have also raised the issue of Rohingya refugees Asked by Baroness Uddin with the Government of Bangladesh as part of a recent EU demarche. DfID continues to provide core To ask Her Majesty’s Government what contributions to the European Commission Humanitarian representations they have made to the Government Aid Department and UN agencies that directly support of Burma regarding the ongoing violence in Rakhine/ the Rohingya community. In October DfID allocated Arakan State. [HL4180] £2 million in humanitarian funding to communities affected by the unrest in Rakhine. We also continue to seek every opportunity to raise our concerns about the treatment of the Rohingya Baroness Warsi: From 12 to 15 December the Minister directly with the Burmese Government not only in of State for Foreign and Commonwealth Affairs, my Burma but also in international fora such as the UN in right honourable friend the Member for East Devon New York, the EU and at the recent Asia-Europe (Mr Swire), visited Burma. In meetings with the Burmese summit in Laos. Government, both at a national level and in Rakhine The Minister of State for Foreign and Commonwealth State itself, he pressed for increased humanitarian aid Affairs, my right honourable friend the Member access to all communities in need, for those responsible for East Devon (Mr Swire), visited Burma from for the violence to be brought to account, including 12-15 December. In meetings with the Burmese where security forces had been implicated, and for a Government, both at national and local level, he pressed long-term solution to the issues affecting the Rohingya for increased humanitarian aid access to all communities to include consideration of the issue of citizenship. in need, for those responsible for the violence to be The UK remains one of the most vocal members of brought to account, and for a long-term solution to the international community on the issues in Rakhine the issues affecting the Rohingya. He visited Rakhine State. We continue to seek every opportunity to raise State to see for himself the situation on the ground, our concerns directly with the Burmese Government speaking to victims of the violence in three camps for not only in Burma—including during the visits of the internally displaced people and to local political and Secretary of State for Foreign and Commonwealth religious leaders. Affairs, my right honourable friend the Member for Asked by Baroness Uddin Richmond (Yorks) (Mr Hague) and the Prime Minister, my right honourable friend the Member for Witney To ask Her Majesty’s Government what assessment (Mr Cameron), earlier this year—but also through they have made of the most recent violence in international fora such as the UN in New York, the Arakan State in Burma. [HL4149] EU and at the Asia-Europe summit in Laos. Asked by Baroness Uddin Baroness Warsi: The Minister of State for Foreign To ask Her Majesty’s Government what assessment and Commonwealth Affairs, my right honourable friend they have made of the case for an International the Member for East Devon (Mr Swire), visited Burma, Peace Mission to Burma. [HL4181] WA 15 Written Answers[LORDS] Written Answers WA 16
Baroness Warsi: The Minister of State for Foreign Asked by Baroness Cox and Commonwealth Affairs, my right honourable friend the Member for East Devon (Mr Swire), visited Rakhine To ask Her Majesty’s Government what assessment on 14 and 15 December, where he met communities they have made of the humanitarian needs of those affected by the violence and urged the Burmese authorities displaced by conflict in Kachin State, Burma. to ensure both security and humanitarian access across [HL4333] Rakhine State. The Burmese Government have, to date, allowed 19 separate visits by independent observers Baroness Northover: I refer the noble Baroness to from foreign Governments and international organisations the Answer that my honourable friend the Minister of to visit the areas affected by the violence. Officials State, Alan Duncan, gave to the honourable Member from our embassy, including our ambassador, led the for Walsall South (Valerie Vaz) on 22 November (Official first independent diplomatic mission to Rakhine State Report, col. 607W). Negotiations between the Burmese in early October, and visited again in early November. Government and Kachin representatives for full Given the levels of international access to the area, international access to areas controlled by the Kachin and the Burmese Government’s establishment of an Independence Army have continued since then, but investigative commission to look into the events in remain difficult. Rakhine State, the British Government will await the Commission’s recommendations, and will work with Asked by Baroness Cox the Burmese authorities accordingly. We judge that to To ask Her Majesty’s Government what call for an International Peace Mission at this time representations they have made to the government would pre-empt the Burmese Government’s own of Burma about the cessation of conflict in Kachin commission. State and ensuring humanitarian access to all internally Asked by Baroness Uddin displaced people. [HL4334] To ask Her Majesty’s Government what assessment they have made of the case for the establishment of Baroness Warsi: The Government are concerned by a United Nations Commission of Enquiry in Burma the ongoing conflict between the Kachin Independence to consider the ongoing violence in Rakhine/Arakan Army (KIA) and the Burmese military. The Minister State; and whether they have taken steps to promote of State for Foreign and Commonwealth Affairs, my the establishment of such a body. [HL4182] right honourable friend the Member for East Devon (Mr Swire), visited Burma from 12 to 15 December 2012. He raised the UK’s concerns with the Burmese Baroness Warsi: During his recent visit to Rakhine Minister of Defence, Lt General Wai Lwin, and Minister State the Minister of State for Foreign and Aung Min, the lead government negotiator for the Commonwealth Affairs, my right honourable friend peace process. Mr Swire urged the Burmese Government the Member for East Devon (Mr Swire), discussed in to push for a ceasefire and begin constructive dialogue detail the drivers of the recent violence in Rakhine with the KIA. He also pressed the Burmese Government State with the Burmese authorities and leaders of to ensure humanitarian access to all conflict-affected affected Rohingya and Rakhine communities. In the populations in Kachin State. course of his visit the Minister welcomed the formation The Department for International Development of an independent investigative commission by the has allocated £3.5 million to support humanitarian Burmese Government into the causes of the violence. needs in Kachin, helping to meet the needs of internally The Minister of State for Foreign and Commonwealth displaced people, primarily in border camps not controlled Affairs, my right honourable friend the Member for by the Government. The aid will help meet their food East Devon (Mr Swire), also made clear that, for the security, shelter, water, sanitation, health and bedding commission to be credible, it needed to involve a needs. consultative process with all the affected communities, including the Rohingya, and that any investigations Asked by Baroness Cox into alleged atrocities should be transparent and thorough, ensuring that those who have committed crimes are To ask Her Majesty’s Government whether they held to account for their actions. We are awaiting the will consider funding established local non- initial findings of the Commission’s report, due in governmental organisations to provide aid to areas March 2013. in Shan, Kachin, and Rakhine states in Burma which international non-governmental organisations In a statement on 17 November, the UN Secretary cannot reach due to government restrictions. General welcomed the positive steps made by President Thein Sein, including the Burmese Government’s intention [HL4335] to ensure that the perpetrators of violence are held to account. UN Under-Secretary General for Humanitarian Baroness Northover: The Department for International Affairs, Baroness Amos, has recently returned from a Development (DfID) selects delivery partners on a visit to Rakhine State. The UN has not made the case case-by-case basis according to whom we judge is best for a commission of inquiry at this time. The UN is able to deliver what is required. The additional support planning a roundtable discussion in Burma in early for Kachin, agreed this month by my right honourable 2013, in order to address the issues in Rakhine State friend the Secretary of State, will be implemented by and the plight of the Rohingya community specifically. an international non-governmental organisation (NGO), The UK will continue take an active role in this Trocaire, working closely with a local organisation, discussion and any further UN initiatives. Karuna Myanmar Social Services (KMSS). In Rakhine WA 17 Written Answers[8 JANUARY 2013] Written Answers WA 18
State, DfID’s humanitarian assistance will be delivered Baroness Garden of Frognal: The work of the by a consortium of international NGOs, but we will information-sharing group is now complete. The focus continue to monitor the situation, in case opportunities of the work has been on information sharing between to work with local NGOs arise. DfID also supports early years practitioners (for example, staff in children’s the Shan Women’s Action Network who work in Thailand centres or nurseries) and health professionals. The to support the needs of people displaced by conflict in group’s discussions and scrutiny covered the use of Shan State. both information sharing of population data (such as new birth data) and individual data about a particular child or their family. Carbon Monoxide Poisoning We expect the final report of the group, entitled Question “Information sharing in the Foundation Years”, to be Asked by Baroness Finlay of Llandaff submitted to Ministers at both the Department for Education and the Department of Health shortly. To ask Her Majesty’s Government what approach they have taken to help local councils tackle the risks of carbon monoxide poisoning when using Dentistry: Dental Hygienists Warm Homes Healthy People funding. [HL4080] Question Asked by Lord Lea of Crondall The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government what action Cold Weather Plan for of Health (Earl Howe): The they plan to take on patients’ access to dental England 2012 , published on 26 October 2012, recognises hygienists following the recommendations of the that carbon monoxide (CO) poisoning is a potential Office of Fair Trading report on dentistry published killer and urges individuals to consider fitting an audible in May 2012. [HL4210] CO alarm that is EN 50291-compliant, but that fitting an alarm should not replace regular maintenance of The Parliamentary Under-Secretary of State, Department appliances. of Health (Earl Howe): Access to dental care professionals The Warm Homes Healthy People 2012 fund supports (DCPs), including dental hygienists, is a matter for the the Cold Weather Plan, and local authorities were General Dental Council (GDC). Following the publication invited to submit innovative proposals to make homes of the Office of Fair Treading report on dentistry, the warmer and reduce levels of death and morbidity. GDC has initiated a review of direct access to DCPs. Installation of CO monitors is in line with the aims of The review is expected to report in early 2013. the Cold Weather Plan in helping to protect vulnerable people during the coming winter. Information on the installation of carbon monoxide Drones detectors in vulnerable households by local authorities Question has not been routinely collected as part of the Warm Asked by Lord Hylton Homes Healthy People £20 million funding for 2012-13. However, an analysis of the successful proposals shows To ask Her Majesty’s Government what assessment that at least 14 local authority proposals (covering they have made of the impact of frequent drone 16 local authorities) have included the installation of flights on the civilian populations of parts of Pakistan carbon monoxide detectors as part of their projects. and Afghanistan, and in particular on children. We know that there were some other local authorities [HL4235] that included CO monitors as an element of their wider proposals. The Senior Minister of State, Department for Communities The department has also awarded national grants and Local Government & Foreign and Commonwealth to the value of £1.5 million to Age UK and the Office (Baroness Warsi): The UK operates remotely Foundations Independent Living Trust to complement piloted aircraft systems in support of the North Atlantic the work carried out by local authorities. Treaty Organisation’s International Security Assistance Forces in Afghanistan. The rules of engagement are As part of the Age UK proposals, local and national the same as those for manned aircraft. Drone strikes handyperson services will check if households have a against terrorist targets in Pakistan are a matter for the working carbon monoxide detector and, where needed, states involved. We expect all states concerned to act in will install a new one, with the aim of a rollout of the accordance with international law and take all feasible installation of free CO detectors nationwide. precautions to avoid civilian casualties when conducting military operations. Children: Data Sharing Question Drugs Asked by Lord Rooker Question Asked by Lord Taylor of Warwick To ask Her Majesty’s Government, further to the Written Answer by Lord Hill of Oareford on To ask Her Majesty’s Government, in the light 23 July (WA 92–3), what was the outcome of the of the remarks on 13 December by the Deputy working group dealing with information regarding Prime Minister regarding drugs policy, whether children; and what action they plan to take in they have any plans to amend their existing policy response. [HL4331] on illegal drugs. [HL4230] WA 19 Written Answers[LORDS] Written Answers WA 20
The Parliamentary Under-Secretary of State, Home Asked by Lord Myners Office (Lord Taylor of Holbeach): We are confident our ambitious approach to tackling drugs is the right To ask Her Majesty’s Government whether they one. Drug usage remains at one of the lowest level have assessed the impact on finance costs for them since records began and people going into treatment and for business of the United Kingdom losing its today are far more likely to free themselves from AAA credit rating. [HL4220] dependency than ever before. But we are not complacent. We are continually looking at new ways of reducing demand, restricting The Commercial Secretary to the Treasury (Lord supply and promoting recovery. We will be considering Sassoon): The Government’s actions, taken to reduce the recommendations from the Home Affairs Select the deficit and rebuild the economy, have secured Committee’s Drug Inquiry report and will respond in stability and positioned the UK as a relative safe due course. haven. Interest rates are near historic lows, benefiting families, businesses and the tax payer. Returning the UK to sustainable, balanced economic growth is the Drugs: Orphan Medicines Government’s overriding priority. Question Asked by Baroness Masham of Ilton To ask Her Majesty’s Government what safeguards Economy: Cost of Living are in place to ensure that interim National Institute Question for Health and Clinical Excellence (NICE) appraisal processes for orphan medicines are appropriate, Asked by Lord Taylor of Warwick while NICE develops its permanent appraisal process for such medicines. [HL4268] To ask Her Majesty’s Government what steps they will take to reduce the cost of living. [HL4362] The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The National Institute for Health and Clinical Excellence (NICE) is working Lord Newby: The Government continue to take closely with stakeholders to prepare to take on its new steps to support households. responsibilities for assessing highly specialised technologies The personal allowance will increase further to for people with rare conditions from 1 April 2013. £9,440 in April 2013 to support hard-working individuals. As an independent organisation, it will be for NICE This cash increase of £1,335 in 2013-14 is the largest to ensure that it has appropriate procedures in place. ever. The 3p fuel duty increase planned for January 2013 has been cancelled. The Government have also announced a third council tax freeze. Economy Questions Asked by Lord Myners Education: English Language To ask Her Majesty’s Government what assessment Question they have made of the impact of monetary policy on economic demand. [HL4218] Asked by Lord Taylor of Warwick To ask Her Majesty’s Government what steps Lord Deighton: The Bank of England’s Monetary they will take to improve English language teaching Policy Committee’s (MPC) macroeconomic policy tools, for immigrants. [HL4229] including bank rate and quantitative easing (QE), via the asset purchase facility (APE), are designed to affect the economy as a whole in order to meet the 2% Baroness Stowell of Beeston: Where English language inflation target over the medium term. training is publicly funded through further education The Bank of England has estimated that the first colleges and training providers, they are responsible round of QE, between March 2009 and January 2010, for the quality of their provision. They are held to raised spending and activity in the UK economy. account for the quality of teaching and the outcomes Analysis set out in the Bank’s December 2012 Quarterly of this provision by the Skills Funding Agency and Bulletin finds that the impact of the second round of Ofsted. Government and Ofsted have placed a new asset purchases between October 2011 and May 2012 emphasis on the importance of the quality of teaching, looks to have been similar to the first round in terms learning and assessment in further education and skills of its proportionate effect on broad money and the provision. When provision is identified as inadequate, wider economy. there are now clear intervention procedures. The The MPC stated, in the minutes of its meeting in Government fund through partner agencies quality November 2012, that “demand and output would improvement support for the sector, which includes have been significantly weaker” in the absence of asset support to improve the quality of English provision purchases. for adults. WA 21 Written Answers[8 JANUARY 2013] Written Answers WA 22
Elections: Devolved Administrations There is no consensus within government for lowering Question the voting age to 16 and we therefore have no current plans to do so. Asked by Lord Roberts of Llandudno To ask Her Majesty’s Government what steps Embryology the Cabinet Office is taking to co-operate with the Questions devolved Administrations in (1) Wales, (2) Scotland, and (3) Northern Ireland, to ensure that the maximum Asked by Lord Alton of Liverpool number of young people qualify to vote in each of those nations. [HL4272] To ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 7 February 2011 (WA 12) regarding the number of cycles in Lord Wallace of Saltaire: Government, politicians, which a risk of ovarian hyperstimulation syndrome political parties, electoral administrators and others in (OHSS) was reported as the reason for abandoning society all have a role to play in encouraging people to a cycle of licensed treatment, what consideration register to vote. the Human Fertilisation and Embryology Authority The Government are committed to doing all they (HFEA) has given to the impact of (1) financial can to maximise registration, including among young payment structures, (2) lack of appropriate cycle people, and are looking to make it as easy and convenient monitoring, and (3) competition due to the HFEA’s as possible for people to register to vote as well as publication of clinic success rates, on the incidence move to IER. This includes looking at the work done of OHSS and the under-reporting of complications. in Northern Ireland to get young people registered. [HL4152] We are also piloting different approaches across the country to encourage young people to register to vote. To ask Her Majesty’s Government on what data directly held by the Human Fertilisation and To maximise levels of voter registration among Embryology Authority (HFEA) the HFEA base young people, the Government are piloting different their assertion that the single biggest risk of fertility approaches to encourage them to register to vote. This treatment is multiple pregnancy; whether it is directly includes: holding 20 events in schools, running informed by data from the Confidential Enquiry participatory sessions to inform attainers about the into Maternal and Child Health; what data is held reasons to register to vote and encourage them to do by the HFEA regarding the frequency of late so; making available an online registration event toolkit miscarriage, high blood pressure and pre-eclampsia aimed at teachers and community leaders so that they in mothers; what efforts were made by the HFEA can deliver their own events targeted at young people; to ensure that any additional data relating to the and commissioning digital work so that young people risks associated with multiple pregnancy were made who register can share this fact on Facebook, encouraging available to them; what other risks of fertility treatment other young people in their social networks also to are known to the HFEA; and what data is held by register. We are also running data-mining pilots which the HFEA regarding the frequency and severity of intend to assess whether data matching with data from any other such risks. [HL4153] other government departments and bodies such as the Student Loans Company can assist in getting more To ask Her Majesty’s Government, further to young people on to the register. the Written Answer by the Parliamentary Under- Secretary for Public Health, Anne Milton, on 19 June (Official Report, cols. 941–942W) regarding the activity Elections: Voting Age of the Human Fertilisation and Embryology Authority Question (HFEA) in monitoring research on the safety of Asked by Lord Roberts of Llandudno treatment techniques, the Written Statement by Earl Howe on 24 November 2010 (WS 101–2) and the To ask Her Majesty’s Government whether they Written Answer by Earl Howe on 9 July (WA202–3), will monitor the experience in lowering of the voting why the HFEA has not made an assessment of the age to 16 in the Scottish referendum with a view to figures described in the journal Human Fertility informing future decisions about lowering the voting (volume 10, issue 3, pages 183–7). age throughout the rest of the country. [HL4274] [HL4154]
Lord Wallace of Saltaire: The UK and Scottish The Parliamentary Under-Secretary of State, Department Governments have agreed that the power to legislate of Health (Earl Howe): The Human Fertilisation and for a referendum on Scotland’s independence should Embryology Authority (HFEA) has advised that it be devolved to the Scottish Parliament. As a result it reviewed its policies regarding egg, sperm and embryo will be for the Scottish Parliament to determine the donation in 2011, including donor compensation and franchise of the referendum—just as it is responsible benefits in kind, details of which can be found on the for determining the franchise for any other referendum HFEA website at: www.hfea.gov.uk/5605.html. or election within its devolved competence. The HFEA has also advised that it has limited However, this sets no precedent for the franchise for powers around ovarian hyperstimulation syndrome the UK Parliament, Scottish Parliament or local (OHSS) and does not collect data about the overall authorities, which remain the responsibility of the UK incidence of OHSS or produce requirements around Government and Parliament. monitoring of patients. Clinics are, however, asked to WA 23 Written Answers[LORDS] Written Answers WA 24 report treatment cycles to the HFEA where a cycle has Asked by Lord Alton of Liverpool been abandoned due to there being a risk of the To ask Her Majesty’s Government whether the patient developing OHSS. Severe cases of OHSS are Human Fertilisation and Embryology Authority treated as incidents and the HFEA expects an incident (HFEA) held discussions with Susan Bewley, Lin report from a clinic whenever a clinic is made aware of Foo and Peter Braude regarding concerns raised a severe case of OHSS. The HFEA also asks to see a in their editorial for the British Medical Journal in clinic’s OHSS management protocols before a licence January 2011; whether actions were proposed by renewal inspection. the HFEA in response, and if so, what; and when The success rates that the HFEA publishes are any such discussions or actions took place.[HL4174] designed to give patients information to enable them to decide on the best clinic for them, taking into Earl Howe: The Human Fertilisation and Embryology account a number of factors including success rates. Authority (HFEA) has advised that the authority’s The HFEA has advised that its statement that the horizon-scanning process is an early warning system single biggest risk of fertility treatment is multiple that identifies new scientific and clinical developments pregnancy was based on the outcome of a series of that may impact on the field of assisted reproduction discussions the Expert Group on Multiple Births after or embryo research. Horizon scanning allows the HFEA In Vitro Fertilisation (IVF) had between the autumn to consider the legal, ethical and scientific implications of 2005 and October 2006. The HFEA set up an of any new technique that scientists or clinicians may independent expert group in response to rising concerns wish to use in HFEA-licensed research or treatment. about the incidence of multiple births after IVF/ICSI Research and developments are presented to the HFEA’s (intra-cytoplasmic sperm injection). The group reviewed Scientific and Clinical Advances Advisory Committee the available international and national data on multiple (SCAAC) in order for it to provide recommendations. births after IVF/ICSI, health and psychosocial outcomes The HFEA has also advised that Bewley et al (2011) for twins and their families, and the experience with was included in its summary of follow-up research for single embryo transfer gathered in some European SCAAC. This can be found on the HFEA’s website at: countries. It made recommendations to the HFEA www.hfea.gov.uk/7089.html. and other organisations that have a role to play in Asked by Lord Alton of Liverpool reducing the high incidence of multiple births after IVF. The work to reduce multiple births has been a To ask Her Majesty’s Government, further to collaborative effort with other professional organisations. the Written Answer by Earl Howe on 20 July 2011 (WA 305–6), how many cybrid embryos have been Data held by the HFEA regarding the frequency of generated with eggs from non-human species in late miscarriage, following IVF/ICSI, are set out in the total according to records held by the Human following tables: Fertilisation and Embryology Authority (HFEA); Rate of miscarriages and how many other classes of “admixed human” Incidence of against all embryos have been generated. [HL4175] Year miscarriages pregnancies % To ask Her Majesty’s Government, further to 2006 1,346 12 the Written Answers by Earl Howe on 20 July 2011 2007 1,594 13 (WA 306) and by Lord Hunt of Kings Heath on 2008 1,763 13 7 November 2002 (WA 145), whether they now 2009 1,978 13 collect data on how many human embryos have 2010 1,963 12 been (1) created, (2) frozen, (3) destroyed, (4) implanted, and (5) experimented upon, since the passage of the A count of the number of outcomes that listed both a live birth and a Human Fertilisation and Embryology Act 1990; if miscarriage. These are included in the previous totals. so, what are those figures; and, if not, whether they Year 2006 2007 2008 2009 2010 will instruct the Human Fertilisation and Embryology Authority to refine their collection of data so that Outcomes 252 334 412 415 404 it provides full disclosure under each of those Note: These data concern cases where more than one categories. [HL4176] gestational sac was reported, so reflects instances of a multiple pregnancy where both a miscarriage and a live birth occurred. Earl Howe: The Human Fertilisation and Embryology Authority (HFEA) has advised that it has no further information to add to that provided in the Answer I The HFEA does not hold data on high blood gave the noble Lord about human admixed embryos pressure and pre-eclampsia in mothers. Other risks of on 20 July 2011 (Official Report, cols. WA 305-6). fertility treatment are set out on the HFEA’s website The HFEA has also advised that the data it holds in at: www.hfea.gov.uk/fertility-treatment-risks.html. relation to human embryos that have been created, These risks, along with the risk of multiple births, frozen, destroyed and implanted are set out in the are considered through the HFEA’s regulatory regime. following table. It does not hold data in relation to The data that the HFEA holds on such risks vary embryos experimented upon. depending on the particular risk. The HFEA has an obligation to collect information With regard to the information in Human Fertility, as required by the Human Fertilisation and Embryology the HFEA has advised that it has nothing to add to Act 1990. It is for the authority itself to determine the Answer I gave the noble Lord on 9 July 2012 what further information it considers appropriate to (Official Report, cols. WA 202-3). collect. WA 25 Written Answers[8 JANUARY 2013] Written Answers WA 26
HFEA Human Embryo Data—Cycles from 1 August 1991 to 31 December 2011 Embryos Embryos Implanted Frozen Discarded Embryos reported on the Gamete Embryos Movement reported on the form as being Embryos Embryos Embryos Treatment form removed from Embryos stored for the stored for stored for as being storage and Embryos Gestational sacs created patients use donation research discarded discarded transferred observed
3,546,818 839,325 2,071 5,876 1,691,090 23,480 1,388,443 235,480
Source: Human Fertilisation and Embryology Authority Lord Gardiner of Kimble: DECC publishes data on gas and electricity prices in its Quarterly Energy Prices publication in tables 2.2.3 and 2.3.3. Based on the Energy: Biofuels latest available data from this, over the period 2010 to Question 2012, average gas (Great Britain) and standard electricity Asked by Lord Kennedy of Southwark (UK) retail prices for the residential sector increased by: To ask Her Majesty’s Government what assessment 0.77p/kWh and 1.83p/kWh respectively (in current have they made of the value of adding a recycled prices); biofuels category to the Renewable Transport Fuels 21% and 14% respectively (in current prices); and Obligation to recognise the position of biofuels made from locally sourced waste products. [HL4306] 15% and 9% respectively (in real terms). These changes are based on an assumed, fixed Earl Attlee: The Renewable Transport Fuels Obligation consumption of 18.000kWh per year for gas and already provides additional support to biofuels made 3.300kWh per year for electricity. They therefore do from waste by awarding two renewable transport fuel not take into account year-to-year differences in weather certificates for each litre supplied. We are committed and improvements in energy efficiency, both of which to reviewing the double-counting system in 2013. help determine energy consumption. The only environmental tax (based on the definition used by HM Treasury1) that had an impact on residential Energy: Green Deal energy prices over this period is the EU Emissions Question Trading System (EU ETS) which adds a cost per unit of carbon emitted from electricity generation. The Asked by Lord Avebury impact of the EU ETS on retail electricity prices is estimated to have fallen over the period, consistent To ask Her Majesty’s Government whether they with the fall in the price of EU allowances, and will extend the Green Deal and reduction of value therefore is not estimated to have contributed to the added tax to include voltage optimisation. [HL4114] rise in retail electricity prices since 2010. The majority of the rise in residential energy prices has been driven The Commercial Secretary to the Treasury (Lord by rises in wholesale energy costs as a result of increases Sassoon): The Government have recently commissioned in fossil fuel prices on international markets and rising the independent Scientific Integrity Group to review network costs as ageing infrastructure has been replaced. evidence from industry and other sources on the efficacy 1 Available online at http://www.hm-treasury.gov.uk/ of voltage optimisation as an energy efficiency measure. press_60_12.htm The views from this expert group will help with an assessment of the benefits of this technology and its potential for its inclusion within the standard assessment procedure and, in turn, the Green Deal. Energy: Smart Meters There are currently no plans to introduce a reduced Question rate of VAT for voltage optimisation. Asked by Baroness Byford To ask Her Majesty’s Government what will Energy: Prices happen to data stored in utility smart meters at the Question end of 13 months; and to whom that data will Asked by Lord Donoughue belong. [HL4294] To ask Her Majesty’s Government by how much energy prices have risen for the average family in the United Kingdom since 2010, (1) as an absolute Baroness Stowell of Beeston: Smart metering equipment amount and (2) as a percentage; and how much of has the capability to store a minimum of’ the past that amount and percentage is due to environmental 15 months of half hourly consumption data on a taxes. [HL4247] rolling basis: once the meter’s data storage is full, the WA 27 Written Answers[LORDS] Written Answers WA 28 oldest data will be overwritten with newer data. As measure. As my right honourable friend the Home the oldest data are overwritten, they will effectively Secretary announced in the other place on 15 October be deleted and therefore not owned by anyone. 2012 (Official Report, col. 35), which I informed this A recently published consultation on implementing House about through a Statement on the same day, the provisions of the energy efficiency directive has this wider decision is still being considered and any proposed the option that smart meters actually store a implementation of this measure will await the outcome minimum of 24 months of data. of that process. EU: Banking EU: Prisoner Voting Question Question Asked by Lord Myners Asked by Lord Laird To ask Her Majesty’s Government what is their To ask Her Majesty’s Government whether assessment of the impact on United Kingdom banking they consulted the Governments of (1) Armenia, and bank regulation of fewer than five European (2) Andorra, (3) Bulgaria, (4) Estonia, (5) Georgia, Union member states remaining outside the banking (6) Hungary, (7) Liechtenstein, and (8) Russia, about union; and what measures exist to prevent mandatory how to address the issue of prisoner voting with the supervision of United Kingdom banks by the European Court of Human Rights. [HL4251] European Banking Authority in that circumstance. The Minister of State, Ministry of Justice (Lord [HL4217] McNally): The Government have not consulted these Lord Deighton: I refer to Lord Sassoon’s Answer of countries. We are aware of the different approaches to 21 December 2012 (HL4170), which set out the Prime prisoner voting in these and other states, and these Minister’s Statement to the House of Commons on various approaches have formed part of the Government’s 17 December 20121 regarding the outcome of the wider consideration of this issue. December European Council and the Commission’s proposal for a single supervisory mechanism. EU: Trade Agreements There are no proposals to confer responsibility for Question supervising banks on the European Banking Authority. Asked by Lord Stoddart of Swindon 1 http://www.publications.parliament.uk/pa.cm201213/ cmhansrd/cm121217/debtext/121217-0001.htm#1212174000003 To ask Her Majesty’s Government, further to the Written Answer by Lord Green of Hurstpierpoint EU: Competence on 14 December (WA 263), given that Singapore Question does not impose tariffs on imports, what benefits to British exporters the forthcoming European Union- Asked by Lord Pearson of Rannoch Singapore fair trade agreement will bring. [HL4314] To ask Her Majesty’s Government, further to the Written Answer by Baroness Warsi on 14 December The Minister of State, Department for Business, (WA 262), what estimate they have made of the cost Innovation and Skills & Foreign and Commonwealth involved in the use of existing resources to compile Office (Lord Green of Hurstpierpoint): Following the the review of European Union competences. recent conclusion of negotiations, work is ongoing to assess the outcome. However, we do not yet have a full [HL4308] picture of what has been agreed (since the negotiations The Senior Minister of State, Department for Communities are conducted by the Commission on behalf of the and Local Government & Foreign and Commonwealth member states) and the full benefits to UK business Office (Baroness Warsi): There has been no central will only become clear when we see the full deal. What estimation of the overall cost. Each department is we do know is that there will be new opportunities for responsible for allocating its own resources to meet its British businesses to bid for public procurement contracts priorities, including delivering the reports on which it in Singapore. The FTA grants EU bidders significantly leads or to which it has an interest in contributing. more guaranteed opportunities in public tenders compared to any other country, including for the first time in EU: Justice and Home Affairs Powers many utilities sectors in which the EU has many Question leading suppliers. We also expect to see new opportunities in the Asked by Baroness Whitaker services sector, where we expect Singapore to extend To ask Her Majesty’s Government why they have its market access commitments, to agree new regulatory not implemented the European Supervision Order disciplines in certain service sectors and to offer parity set out in Council Framework Decision 2009/829/JHA. with other major trading partners in most service [HL4265] sectors, thus offering a more level playing field for UK suppliers. The Minister of State, Ministry of Justice (Lord Additionally, Singapore has agreed to tackle technical McNally): Under the terms of the Lisbon treaty, the barriers in key sectors such as cars, pharmaceuticals, Government are required to decide by 31 May 2014 electronics and renewable energy equipment. These rules whether we opt out of, or remain bound by, all those will make it easier for goods produced and tested to EU police and criminal justice measures adopted prior European standards to be sold in Singapore without to the entry into force of the treaty, which includes this technical changes or additional testing. WA 29 Written Answers[8 JANUARY 2013] Written Answers WA 30
The FTA also includes a high level of intellectual The Parliamentary Under-Secretary of State, Department property rights protection. This will, for example, offer of Health (Earl Howe): All veterans are entitled to better remuneration rights for certain creative activities. priority treatment, subject to the clinical needs of others, for conditions relating to their time in service. When referring a veteran to secondary care for a European Commission condition that (in their clinical opinion) may be related Question to military service, general practitioners (GPs) are Asked by Baroness Coussins asked to make this clear in their referral—as long as the patient is happy with this. Secondary care clinicians To ask Her Majesty’s Government what action are asked to prioritise all veterans (for conditions that they are taking to improve (1) the number of they judge likely to be related to military service) over applications, and (2) the success rate, of British other patients with the same level of clinical need. citizens competing for positions in the European Veterans are not given priority over patients with Commission. [HL4346] more urgent clinical needs. The importance of priority treatment for veterans, The Senior Minister of State, Department for Communities and how it should be applied, has been outlined to the and Local Government & Foreign and Commonwealth National Health Service through a number of letters Office (Baroness Warsi): The Government have taken sent out over recent years from the department. These steps to improve both the number of applications and include correspondence sent from the chief executive the success rates of British citizens applying to the EU of the NHS in 2007 to all senior management of the institutions, where UK experience and insight can add NHS, which was then reiterated by the Chief Medical real value. Officer in a letter to all GPs in 2010. The earlier letter This Government relaunched the European Fast made a particular point of highlighting the needs of Stream (EFS) in 2009 and included significant veterans with service-related noise-induced hearing communications activity, led by the Foreign and loss. The priority treatment requirement has also Commonwealth Office (FCO), aimed at better publicising been emphasised in past NHS Operating Framework and improving the attractiveness of careers with the documents. EU institutions to both graduates and professionals. The department has ensured that senior managers This has resulted in a 30% increase in British applicants and clinicians within the NHS are kept informed of to the main EU graduate recruitment. the healthcare needs of the Armed Forces community, The EFS prepares UK civil servants for the entry with a series of leaflets and correspondence being sent exams to the EU institutions, and includes tuition in over recent years that clearly outline the guidelines in relevant languages. The EFS also serves to create a place around the treatment of service personnel, veterans cadre of EU expertise within the UK Civil Service. and their families. Most recently, the department The UK’s Permanent Representation to the EU (UK collaborated with the Royal College of General Rep) provides support for UK applicants, both inside Practitioners (RCGP) to create an e-learning package and outside of the UK Civil Service, who are applying aimed at raising GPs’ awareness of the needs of veterans, for posts within the institutions. including priority treatment and the relevant health services available to them. This package is available for The FCO is also engaged with the European Personnel GPs to access through the RCGP’s website. Selection Office (EPSO) to encourage a greater number of UK applicants and improve the success rate among those applying for positions in the European Commission. Next year we will have the results of the 2012 graduate Finance: Isle of Man and Channel Islands recruitment and a clearer picture of our success rate. Question This is a very long-term project. The UK still remains under-represented at the European Commission Asked by Lord Myners —representing only 4.7% of total staff according to To ask Her Majesty’s Government what assessment the latest figures, while the UK accounts for 12.4% of they have made of the steps taken by (1) the Isle the EU population. We continue to monitor and promote of Man, (2) Jersey, and (3) Guernsey, to stop those various career options, including opportunities for islands and institutions operating from them from permanent and temporary staff, and seconded UK being used to support (a) money-laundering, civil servants. (b) terrorist finance, and (c) tax evasion; and whether those islands have responded positively to all requests made of them by the Government in that connection. Falklands War Veterans [HL4221] Question Asked by Lord Touhig Lord Deighton: The anti-money-laundering and To ask Her Majesty’s Government, further to counterterrorist financing regimes of the Isle of Man, the answer by Earl Howe on 17 December (Official Jersey and Guernsey (the Crown Dependencies) have Report, col. 1339), whether veterans whose hearing been evaluated against the Financial Action Task Force was damaged during the Falklands War are receiving (FATF) standards by the International Monetary Fund priority treatment from the National Health Service. within the past four years, with all three territories [HL4290] achieving favourable assessments. WA 31 Written Answers[LORDS] Written Answers WA 32
In 2012, the UK facilitated the entry of the Crown potential risks to communities. The integrated risk Dependencies into MONEYVAL(which conducts self- management plan, which is subject to consultation assessment and mutual assessment exercises of the with the local community, enables each fire and rescue anti-money-laundering measures in place in Council authority to tailor the allocation of its resources to of Europe member states, which are not members of local circumstances—evaluating where risk is greatest the FATF)1. These dependencies are, therefore, now and determining its policies and standards for prevention considered part of the global network of FATF regional and intervention accordingly. bodies. The Government are fully committed to tackling offshore tax evasion. On 7 December 2012, the Food: Climate Change Government announced that they would be entering Question into an agreement with the Isle of Man to move to Asked by Lord Judd automatic information exchange. They also confirmed To ask Her Majesty’s Government what is their that they are in discussions with the other Crown assessment of the effect of climate change on small- Dependencies, Jersey and Guernsey, about enhanced scale farming in the developing world and its information exchange as part of their common implications for world food supply. [HL4205] commitment to combat tax evasion. The reviews of the Crown Dependencies carried out by the Global Forum show that they meet international standards Baroness Northover: Smallholder farmers are on tax transparency. particularly vulnerable to climate change. They often 1 http://www.fatf-gafi.org/pages/moneyval.html inhabit marginal landscapes such as hillsides, arid lands and floodplains. They rely directly on climate- affected natural resources for their livelihoods. They Financial Services Authority have fewer assets to rely on, are less able to diversify Question their incomes and are more reliant on growing food Asked by Lord Myners staples that may be most adversely affected by climate change such as maize, rice and wheat. To ask Her Majesty’s Government whether they Climate modelling predictions are uncertain about will review the period that must elapse before senior future food production, given that some regions are regulators from the Financial Services Authority likely to benefit while others are likely to be adversely can join businesses which they have been responsible affected and all projections are subject to significant for regulating, or where they have regulated direct uncertainty. Higher temperatures and changes in rainfall competitors of a prospective employer; and what are predicted to reduce global harvests by 7% by 2050, current guidance is in effect. [HL4364] and in some part of the world by as much as 20% by 2030. Lord Newby: This matter is for the Financial Services Authority (FSA), which is independent from government control. It has, therefore, been passed on to the FSA, Forced Marriage which will reply directly by letter. A copy of the Questions response will be placed in the Library of the House. Asked by Baroness Uddin Fire and Rescue Service To ask Her Majesty’s Government whether they Questions will consider holding a wider consultation with women’s groups about their proposed forced marriage Asked by Lord Kennedy of Southwark legislation. [HL4178] To ask Her Majesty’s Government what resources they will make available to Sir Ken Knight to The Parliamentary Under-Secretary of State, Home undertake his review of fire and rescue services. Office (Lord Taylor of Holbeach): A public consultation [HL4354] on whether we should make forced marriage a criminal offence was held between December 2011 and March The Parliamentary Under-Secretary of State, Department 2012. We received responses from a number of women’s for Communities and Local Government (Baroness Hanham): groups, which set out their views on whether forced In undertaking his review, Sir Ken Knight will be marriage should become a criminal offence. We are supported by civil servants from the Department for currently developing the legislation, which will be Communities and Local Government. introduced when parliamentary time allows. Asked by Lord Kennedy of Southwark Asked by Baroness Uddin To ask Her Majesty’s Government how they To ask Her Majesty’s Government whether they assess the level of protection offered by fire and have considered upgrading the forced marriage rescue services. [HL4355] protection order to a criminal offence as an alternative to introducing new legislation. [HL4179] Baroness Hanham: All fire and rescue authorities in England are required by the Fire and Rescue National The Minister of State, Ministry of Justice (Lord Framework to have in place and maintain an integrated McNally): The Government intend to make the breach risk management plan, which identifies local need and of a forced marriage protection order a criminal offence. sets out plans to tackle effectively both existing and This is in addition to a new offence of forcing a person WA 33 Written Answers[8 JANUARY 2013] Written Answers WA 34 to marry against that person’s will. We will bring we understand that the BBC correspondent was not forward legislation on both measures as soon as expelled but following intervention by the high commission parliamentary time allows. was granted a 48-hour visa which was not subsequently renewed. Support for freedom of expression and the protection Gambia of journalists is included in the EU human rights Questions strategy for the Gambia. Our high commissioner in Asked by Lord Avebury Banjul regularly raises human rights issues with the Gambian Government—when specific incidents occur To ask Her Majesty’s Government whether they and twice-yearly through formal discussions under will propose that the Gambia be added to the list of Article 8 of the EU/ACP Cotonou agreement. The countries under the scrutiny of the Commonwealth next discussions are due to be held in January. Ministerial Action Group. [HL4201] Gaza The Senior Minister of State, Department for Communities Questions and Local Government & Foreign and Commonwealth Office (Baroness Warsi): We regularly raise our concerns Asked by Baroness Tonge about human rights, good governance and democracy To ask Her Majesty’s Government what is the with the Gambian Government, and will continue to cost to United Kingdom public funds of the United work with and through international partners and Kingdom contribution to reconstruction in Gaza institutions, including the Commonwealth, to improve following Operation Pillar of Cloud. [HL4186] standards. However, the UK has no current plans to propose Baroness Northover: The Minister of State for that the Gambia is added to the Commonwealth International Development, the right honourable Alan Ministerial Action Group (CMAG) agenda. Duncan MP, recently announced on his visit to Gaza Asked by Lord Avebury that the UK will provide £1.25 million to the work of the International Committee of the Red Cross in To ask Her Majesty’s Government whether they protecting civilians and providing emergency services have plans to legislate to remove the Gambia from in Gaza and the West Bank. This will include helping the list of safe countries in Section 94(4) of the at least 85,000 people inside Gaza who have been Nationality, Immigration and Asylum Act 2002. injured, had their homes destroyed or were otherwise [HL4202] affected by the recent conflict. The funding will provide temporary shelter and medical assistance, as well as help with rebuilding homes and delivering fuel to keep The Parliamentary Under-Secretary of State, Home generators running. Office (Lord Taylor of Holbeach): There are no current plans to remove the Gambia from the list of countries Asked by Baroness Tonge designated under Section 94(4) of the Nationality, To ask Her Majesty’s Government what Immigration and Asylum Act 2002. representations they have made to the Government Asked by Lord Avebury of Israel about their treatment of Gazan fishermen. [HL4189] To ask Her Majesty’s Government whether they have plans to update the Country of Origin The Senior Minister of State, Department for Communities Information Report on the Gambia. [HL4203] and Local Government & Foreign and Commonwealth Office (Baroness Warsi): The UK regularly makes Lord Taylor of Holbeach: The UK Border Agency representations at both ministerial and official level to plans to publish an update of its Country of Origin the Israeli authorities on the urgent need to ease restrictions Information report on the Gambia in the first half of on Gaza, including fishing limits. 2013. In this regard, we welcome the newly introduced six nautical mile fishing limit. We have urged Israel to ease Asked by Lord Avebury this restriction further, in line with the limit of 20 nautical To ask Her Majesty’s Government what miles stipulated in the Oslo accords. representations they have made to the Government of the Gambia about the closure of independent newspapers and a radio station, the expulsion of a Gibraltar BBC journalist, and other attacks on freedom of Question expression in that country. [HL4204] Asked by Lord Stoddart of Swindon To ask Her Majesty’s Government, further to the Baroness Warsi: Freedom of expression is an ongoing Written Statement by Baroness Warsi on 10 December concern in the Gambia. The sudden closures of Taranga (WS 98), whether the assertion that “we will continue FM Radio Station in August and of the Daily News to take whatever action we consider necessary to and the Standard newspapers in September are worrying protect British sovereignty and the interest of Gibraltar developments. Our high commissioner in Banjul raised and its people” includes the use of military force. the respective closures with the Foreign Minister. However, [HL4313] WA 35 Written Answers[LORDS] Written Answers WA 36
The Senior Minister of State, Department for Communities Government Departments: Publications and Local Government & Foreign and Commonwealth Questions Office (Baroness Warsi): The Royal Navy challenges all unlawful incursions into British Gibraltar Territorial Asked by Lord Laird Waters by Spanish state vessels by issuing appropriate warnings to the vessels concerned. The military therefore To ask Her Majesty’s Government how many already has an important role in upholding the UK’s copies of (1) Who’s Who, (2) Dod’s Parliamentary sovereignty over those waters. Companion, (3) Dod’s Guide to the General Election 2010, and (4) Whitaker’s Almanac, were purchased We will continue to uphold our sovereignty against by the Department for Environment, Food and unlawful incursions with a range of proportionate Rural Affairs, broken down by directorate in each naval, police and diplomatic responses. of the past two years for which figures are available. [HL4001] Government Departments: Budgets To ask Her Majesty’s Government how many Question copies of (1) Who’s Who, (2) Dod’s Parliamentary Companion, (3) Dod’s Guide to the General Election Asked by Baroness Sharp of Guildford 2010, and (4) Whitaker’s Almanack, were purchased To ask Her Majesty’s Government, in relation by the Department for Environment, Food and to Table 2.2 and the statement about schools in Rural Affairs for use by Ministers in that department paragraph 1.32 of the Autumn Statement 2012 in each of the past two years for which figures are (Cm 8480), which areas of the Department for available. [HL4055] Education budget will be reduced and by how much between 2013–14 and 2014–15. [HL4198] The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Baroness Garden of Frognal: The Chancellor’s Autumn Mauley): Core Defra has purchased the following numbers Statement applied a percentage reduction to the of hard copies of each publication since April 2010. A department’s unprotected resource budget (RDEL) breakdown by year cannot be provided. over the next two years. The reduction will be 1% (£153 million) in 2013-14 and 2% (£306 million) in Who’s Who—one copy; 2014-15. Dod’s Parliamentary Companion—seven copies; The department will be working out the exact detail and of how it meets these reductions over the coming Whitaker’s Almanack—one copy. months as it goes through its annual business planning Of these, five copies of Dod’s Parliamentary Companion process to set budgets for the next year. were purchased directly by Minister’s Private Offices. Front-line funding for schools will continue to be Dod’s Guide to the General Election was published protected in line with the policy set out at Spending only in 2010 and provided free alongside purchased Review 2010. In addition the Government are providing copies of Dod’s Parliamentary Companion. an extra £1 billion of capital funding to build new free schools and academies and expand existing good schools Asked by Lord Bradshaw in those areas with the most pressure on pupil places. To ask Her Majesty’s Government whether they issue guidance about the use of acronyms and Government Departments: Legislation jargon in Government publications. [HL4094] Question Asked by Lord Laird Lord Wallace of Saltaire: The Cabinet Office does not provide such guidance, nor do we keep records of To ask Her Majesty’s Government what assistance whether other departments or agencies do so. in the preparation of Private Members’ Bills was provided by the Department for Environment, Food Asked by Lord Laird and Rural Affairs in (1) the 2010-12 Session, and To ask Her Majesty’s Government whether they (2) this Session. [HL3961] will make it their policy to publish as an annex to the annual report produced by the Department for The Parliamentary Under-Secretary of State, Department Environment, Food and Rural Affairs (Defra) a list for Environment, Food and Rural Affairs (Lord De of all publications published by Defra in the preceding Mauley): Core Defra officials provided some assistance year. [HL4120] in the preparation of the Scrap Metal Dealers Bill introduced this Session, which has completed its passage through the House of Commons and is currently awaiting Lord De Mauley: HM Treasury’s Financial Reporting Lords Committee stage. This included discussing the Manual sets out requirements for the format and role of the Environment Agency in the regime for content of the department’s annual report and accounts. registering scrap metal dealers proposed under the There is no requirement and therefore no plan to Bill, advising on the potential interface with environmental include a list of publications. This information is legislation and reviewing and commenting on draft however publicly available on the Defra website http:// instructions to Parliamentary Counsel. www.defra.gov.uk/publications/. WA 37 Written Answers[8 JANUARY 2013] Written Answers WA 38
Government Departments: Staff In addition to assisting the FSA, the GFSC is conducting Question its own investigations relating to those entities within its regulatory scope. Asked by Lord Tebbit Under Section 270(5) of FSMA 2000 and Statutory To ask Her Majesty’s Government, further to Instrument 2003/1181, the FSA provided HM Treasury the Written Answer by Lord Wallace of Saltaire on with an assessment of the authorisation and supervision 14 March (WA 73), when they now expect the of collective investment schemes in Guernsey. A findings of the review of Promoting Equality, Valuing comparison of protections will depend on specific Diversity—A Strategy for the Civil Service 2008–13 protections available to investors and will vary according to be made public. [HL4053] to the nature of the investment. Lord Wallace of Saltaire: A date has not yet been Collective investment schemes which fall outside set but publication will follow that of the Civil Service’s the designated criteria are restricted in their promotion Capabilities Plan. to UK investors, including under Section 238 of FSMA 2000. The Guernsey cells were subject to such restrictions Government: Ministerial Guidance as they were not authorised or recognised by the FSA. Question Asked by Lord Myners Gypsies and Travellers To ask Her Majesty’s Government whether Lord Questions Green of Hurstpierpoint continues to advise the Asked by Lord Avebury Chancellor of Exchequer on banking matters. [HL4219] To ask Her Majesty’s Government whether they will take steps to ensure that wherever reference is Lord Deighton: Treasury Ministers liaise closely made to the ethnicity of patients throughout the with counterparts in the Department of Business, NHS, the 2011 Census ethnic group classification, Innovation and Skills on various banking and business which includes “Gypsy or Irish Traveller”, is used. matters. [HL4018] Guernsey Financial Services Commission Question The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): In order to support consistency Asked by Lord Myners with other data systems within the National Health To ask Her Majesty’s Government whether they Service, ethnicity data for NHS patients are currently plan to pursue the Guernsey Financial Services collected utilising the 2001 codes. The department, in Commission to make good losses suffered by UK collaboration with other bodies, will shortly produce investors in the CF Arch Cru Funds; what is their guidance that advises on the codes for data collection, assessment of the level of investor protection provided including those for ethnicity. The guidance will initially by the Commission in comparison to that available recommend that organisations continue to use the in the United Kingdom; and whether they will 2001 codes; however this will be revisited biannually place restrictions on the marketing in the United with decisions to change this advice based upon the Kingdom of banking and financial services by firms breadth of utilisation of the new coding system. and individuals based in Guernsey on the basis of NHS organisations can choose to use either the that assessment. [HL4006] 2001 or the 2011 categories. If they use the 2011 categories, they will need to re-aggregate anyone coming The Commercial Secretary to the Treasury (Lord under the “Gypsy and Irish Traveller” heading into Sassoon): The Financial Services Authority (FSA) is “Other” in order to make national comparisons. responsible for the regulation of financial services Additional codes can be included as appropriate at a firms under the powers in the Financial Services and local level to reflect the demographic make-up of the Markets Act (FSMA) 2000. HM Treasury sets the local population. This allows local monitoring to take legal framework for the regulation of financial services. place in a way that supports service planning, decision- The CF Arch Cru matter is complex, involving a making, and key processes such as the Joint Strategic number of entities, some regulated by the FSA and Needs Assessments. some regulated by the Guernsey Financial Services Commission (GFSC). UK investors have suffered Asked by Lord Avebury considerable losses through their holdings of two UK To ask Her Majesty’s Government what steps open-ended investment companies, the CF Arch Cru they are taking to ensure that the health needs of funds. These funds were invested in certain Guernsey- Gypsy, Roma and Traveller communities are covered domiciled companies (the Guernsey cells), listed on in NHS Joint Strategic Needs Assessments, Health the Channel Islands Stock Exchange. These were closed- and Well-being Strategies and the agendas of Health ended schemes authorised by the GFSC and were not and Well-being Boards. [HL4019] authorised or recognised collective investment schemes in the UK. The UK Government have no power to pursue Earl Howe: Joint Strategic Needs Assessments (JSNAs) Guernsey for redress. However, the FSA is working and Joint Health and Well-being Strategies (JHWSs) with the Guernsey authorities regarding these matters. are local strategic planning processes, undertaken through WA 39 Written Answers[LORDS] Written Answers WA 40 health and well-being boards. They will be the means issuing guidance to all prisons on how to conduct a by which the current and future health and well-being one-off exercise to move existing prisoners on to the needs of the local population will be determined, and new codes. this will then be used to plan local services on the basis We will monitor the use of the new code and of the identified needs. JSNAs must therefore be inclusive publish the figures once the coverage and data quality of the health and care needs of the whole local population, are deemed sufficient to provide meaningful and accurate including Gypsy and Traveller and Roma communities. statistics. We currently have no estimate of when the It would not be appropriate for the department to data will be deemed fit for publication. highlight any care group or area of need over another as this would risk undermining the purpose of JSNAs and JHWSs as being an objective, comprehensive and— Health: Accident and Emergency most importantly—a locally owned process of developing Departments evidence-based priorities for commissioning. As public Questions authorities, health and well-being boards will need to comply with public sector equality duties, not just in Asked by Lord Taylor of Warwick how they engage the local community in the development of JSNAs and JHWSs but also in considering the To ask Her Majesty’s Government, in the light needs of groups with protected characteristics. of constraints on NHS spending, how they will ensure patients in accident and emergency departments We are addressing the health needs of those people are treated promptly. [HL4044] most vulnerable to poor health through the Inclusion Health programme, and the early focus of Inclusion Health includes Gypsies and Travellers. A number of The Parliamentary Under-Secretary of State, Department representative bodies are working with us to support of Health (Earl Howe): The accident and emergency the National Inclusion Health Board and its working (A&E) waiting time standard states that 95% of patients groups, which will work with the National Health should be admitted, transferred or discharged within Service, local government and others to identify what four hours of their arrival in the A&E department. more must be done to include the needs of vulnerable This standard is included in the NHS Operating Framework groups in the commissioning of health and care services. for 2012-13. Furthermore, eight clinical quality indicators We are supporting health and well-being boards to for A&E were introduced in April 2011 which measure better understand the needs of vulnerable groups within other clinically important aspects of time. their JSNAs and JHWSs; and Gypsy and Traveller It is for local National Health Service trusts to bodies have contributed to supportive material we are ensure that there are strategies and procedures in place producing. to cope with unexpected periods of increased pressure. Asked by Baroness Whitaker Asked by Lord Kennedy of Southwark To ask Her Majesty’s Government, further to To ask Her Majesty’s Government what the Written Answer by Lord McNally on 16 July representations they have received concerning proposals (WA 14), whether they are now in a position to to close the accident and emergency department at publish information on the number and proportion Lewisham Hospital. [HL4304] relative to population of Gypsy, Roma and Traveller prisoners; and, if not, when this will be available. Earl Howe: The trust special administrator appointed [HL4307] to South London Healthcare NHS Trust published his draft report on 29 October. This included a proposal for the accident and emergency department at Lewisham The Minister of State, Ministry of Justice (Lord hospital to become a 24/7 urgent care service. The McNally): We are currently not in a position to be able consultation on the draft report closed on 13 December. to publish information on the number and proportion The trust special administrator is now considering the of Gypsy, Roma and Traveller prisoners relative to the responses to the consultation as he prepares the final population. report. The trust special administrator must provide As mentioned previously in a Written Answer on to the Secretary of State a final report stating the 16 July (WA 14), following the addition of the new action the administrator recommends by 7 January. census 2011 ethnicity categories into the prison IT The Secretary of State will decide what action to take system, prisoners received into custody can now declare in relation to the trust by 1 February. themselves as Gypsy or Irish Traveller. However, it is The right honourable Dame Joan Ruddock DBE unlikely that existing prisoners (those already in custody MP has asked two Written Questions in Parliament prior to the new category being introduced) will have about accident and emergency services in London, been given the opportunity to revise their previously following the publication of the trust special stated ethnicity. administrator’s draft report. The right honourable Current data on the number of Gypsy or Irish Andy Burnham MP wrote to the Secretary of State on Traveller prisoners are therefore likely to be an undercount 9 December about the trust special administrator’s of the true number of prisoners who would identify work and draft recommendations. A search of the themselves as Gypsy or Irish Traveller. We are committed department’s ministerial correspondence database has to moving all prisoners from the 2001 census codes to identified 50 items of correspondence about the proposals the 2011 codes; however, this will take some time. We to close the accident and emergency department at will shortly (by April 2013 under current plans) be Lewisham Hospital. This figure represents correspondence WA 41 Written Answers[8 JANUARY 2013] Written Answers WA 42 received by the department’s Ministerial Correspondence Health: Asbestos-related Disease Unit only. In addition, this issue was debated in the Questions House of Commons on 28 November and 20 December. Ministers have had no meetings with outside parties Asked by Lord Alton of Liverpool about the proposal for the accident and emergency To ask Her Majesty’s Government what information department at Lewisham hospital to become a 24/7 is required by coroners investigating asbestos-related urgent care service. deaths (1) in the hours following the death, (2) within Asked by Lord Kennedy of Southwark seven days of the death, and (3) in the course of the To ask Her Majesty’s Government how much inquest. [HL4342] they have spent on the refurbishment of the accident To ask Her Majesty’s Government what and emergency department at Lewisham Hospital (1) guidance, and (2) training, specific to asbestos- since 2005. [HL4352] related disease is provided to police officers who fulfil the duties of coroner offices in visiting recently Earl Howe: This information is not held centrally. bereaved families to investigate asbestos-related deaths. The following table shows the amounts in loans provided [HL4343] by the department to Lewisham Healthcare NHS Trust during the three most recent financial years to The Minister of State, Ministry of Justice (Lord fund the development of the integrated Urgent Care McNally): The Ministry of Justice has responsibility Centre at the University Hospital, Lewisham. for coroner law and policy only. Coroners are solely responsible for the conduct of their investigations. Date of loan Amount of loan The Ministry of Justice provides training for coroners 15 December 2010 £6.974 million and their officers. The 2012/13 syllabus includes a 17 July 2011 £4.566 million session on exposure to asbestos but does not include 16 July 2012 £302,000 specific training on visiting recently bereaved families Total £11.842 million to investigate asbestos-related deaths.
Health: Ambulance Service Health: Atypical Haemolytic Uraemic Question Syndrome Asked by Lord Taylor of Warwick Question To ask Her Majesty’s Government what steps Asked by Baroness Masham of Ilton they will take to reduce the emergency response times of ambulance crews. [HL4043] To ask Her Majesty’s Government whether they have received a recommendation from the Advisory The Parliamentary Under-Secretary of State, Department Group for National Specialised Services regarding of Health (Earl Howe): National response time standards the commissioning of a national specialised service are in place to ensure an appropriate emergency response for atypical haemolytic uraemic syndrome (aHUS); from ambulance service trusts. The national standards and, if so, when they plan to make a decision based for ambulance services are: on that recommendation about whether or not a A8—75% of category A (immediately life-threatening) national specialised service for aHUS will be calls should receive a response within 8 minutes; commissioned. [HL4248] and A19—95% of category A patients requiring transport The Parliamentary Under-Secretary of State, Department should receive this within 19 minutes of the request of Health (Earl Howe): Ministers have received a for transport being made. recommendation from the Advisory Group for National In June 2012, category A8 was further split into Specialised Services about the commissioning of a red 1 (the most time-critical calls, eg cardiac arrest national specialised service for the treatment of atypical patients who are not breathing and do not have a haemolytic uraemic syndrome and expect to make an pulse) and red 2 (serious but less immediately time announcement early in the new year. critical, covering conditions such as stroke and fits). This was designed to reduce the inappropriate and/or Health: Birth Defects multiple dispatch of resources by ambulance trusts Questions and to allow a greater focus on the most serious incidents. Asked by Lord Rooker Category C calls are those which are neither life- threatening nor serious. The setting and monitoring of To ask Her Majesty’s Government what is the category C call performance is locally determined. latest information they have regarding the high risk groups suffering neural tube defects at birth. It is the responsibility of the National Health Service locally to ensure that ambulance trusts perform well. [HL4211] Performance on national response time standards is To ask Her Majesty’s Government how the take-up managed at strategic health authority level. Local of advice given on NHS websites in respect of commissioners must also hold ambulance trusts to prevention of spina bifida is currently monitored. account for local performance. [HL4212] WA 43 Written Answers[LORDS] Written Answers WA 44
To ask Her Majesty’s Government how many acid supplements to reduce the risk of NTDs such as births classed as spina bifida caused by neural tube spina bifida, via all its relevant communications. This defects there have been in each of the past five includes the pregnancy and baby guide on the NHS years. [HL4213] Choices website, materials produced as part of the To ask Her Majesty’s Government whether they Start4Life campaign, and the NHS Information Service have any plans to propose new advice or actions for Parents, a new digital service for parents-to-be and regarding women thought to be in the high risk new parents launched in May 2012. The Information groups with respect to potential neural tube birth Service for Parents sends parents regular free e-mails, defects. [HL4214] videos and SMS messages with advice and information about pregnancy and the first few months with a baby. The service includes advice on folic acid and vitamin The Parliamentary Under-Secretary of State, Department supplements, with a video for parents covering “Should of Health(EarlHowe):Thedepartmentcurrentlyrecommends I take supplements during my pregnancy?”. To date that all women who are planning a pregnancy or who over 89,000 parents-to-be and new parents have signed could become pregnant should take a daily supplement up to the service. containing 400 micrograms of folic acid (the synthetic form of the vitamin folate) before conception and until The department was advised by the Scientific Advisory the 12th week of pregnancy, as well as to increase their Committee on Nutrition (SACN) and the Food Standards consumption of folate-rich foods, to reduce the risk of Agency Board in 2007 on fortification options as a neural tube defects (NTDs) such as spina bifida. measure to reduce the risk of pregnancies being affected The department recommends that women with an by neural tube defects (NTDs). Fortification of foodstuffs increased risk of having an NTD-affected pregnancy with folic acid is a complicated issue, with a balance of take a higher dose of folic acid (five milligrams/day), benefits as well as potential risks. Additional advice which can be prescribed by their general practitioner. on folic acid and cancer risk was requested by the then Womenat high risk of having an NTD-affected pregnancy Chief Medical Officer and provided by SACN in 2009. include those who have previously had a baby with an The papers underpinning the advice from SACN have NTD, those who have (or whose partner has) an NTD, not yet all been peer-reviewed and published in a those who are taking an anti-epileptic medication and scientific journal. Ministers need to very carefully those who have diabetes. consider this complicated issue and would like to see all information in the public domain before making The national Infant Feeding Survey, carried out any decision. every five years on behalf of United Kingdom health departments, collects information about dietary Asked by Lord Rooker supplementation practices during pregnancy. Data from the most recent Infant Feeding Survey (2010) show To ask Her Majesty’s Government what current that 94% of mothers reported taking folic acid either Government-sponsored research is under way in before or during their pregnancy. Before they were respect of neural tube birth defects. [HL4215] pregnant, 37% said they took folic acid, increasing to 79% who reported taking it during the first three Earl Howe: The National Institute for Health Research months of pregnancy, while 23% took it later on in (NIHR) biomedical research centre at Great Ormond pregnancy. Street Hospital and University College London Institute Data on the number of births classed as spina of Child Health is studying whether combined treatment bifida are collected and published by the British Isles with folic acid and inositol is more effective at preventing Network of Congenital Anomaly Registers (BINOCAR). neural tube defects than folic acid alone. The researchers The information provided in the following table gives are leading a clinical trial of this treatment supported the numbers of live-born babies with spina bifida in by the NIHR Clinical Research Network. the English registers for the years 2006 to 2010. These The neural tube defect spina bifida may be associated are the most recent years BINOCAR has complete with hydrocephalus in childhood. Hydrocephalus is data for. BINOCAR does not cover all of England commonly treated through insertion of a shunt to and Wales; the registers included in the data cover drain off the excess fluid, and new devices have been approximately 35% of the births in England and Wales. introduced to try to reduce shunt infection. The NIHR Health Technology Assessment programme is funding Number of cases of spina bifida* Year (live births) a £2 million trial comparing these new shunts to standard shunts. 2006 31 The NIHR is also funding a clinical lectureship 2007 28 focused on neurogenic bowel dysfunction associated 2008 41 with spina bifida and other neurological conditions. 2009 41 2010 54 Note: Spina bifida is only one form of NTD; if other Health: Bounty congenital anomalies of the central nervous system (such as Questions hydrocephalus or anencephaly) are included, these figures will be higher. Asked by Lord Taylor of Goss Moor The department provides women with information To ask Her Majesty’s Government what payments on health and nutrition pre-conception and during have been made to Bounty by any department or pregnancy, including the importance of taking folic vice versa in each of the past five years. [HL4162] WA 45 Written Answers[8 JANUARY 2013] Written Answers WA 46
The Commercial Secretary to the Treasury (Lord Levels of security provision are for NHS bodies to Sassoon): The table below sets out the payments made establish on a local basis, according to an assessment by HM Revenue and Customs to Bounty. of the particular security risks they face. Each NHS body is responsible for providing the necessary resources Number of Child to manage security. Amount paid to Benefit claim forms Year Bounty £ distributed NHS Protect has national responsibility for leading work to protect NHS staff and resources from crime 2007-08 112,487.00 706,843 and provides support, guidance and advice to NHS 2008-09 125,671.75 774,604 bodies on assessing security risks and taking effective 2009-10 143,167.00 852,592 action. 2010-11 126,906.79 888,180 For areas such as maternity units where there are 2011-12 90,805.00 901,298 specific security risks, it is for each NHS body to determine who has access to these areas and to have protocols in place for supervising contractors and/or Information on payments that may have been made individuals while on their premises. by other government departments is not held centrally. Asked by Lord Taylor of Goss Moor Asked by Lord Taylor of Goss Moor To ask Her Majesty’s Government whether NHS To ask Her Majesty’s Government what payments trusts are placed under any restrictions regarding have been made to Bounty by the Department of the distribution of materials from commercial Health or vice versa in each of the past five years; companies or charities other than Bounty; and and what agreements were in place between Bounty what approval has been given by any department and the Department of Health regarding the contents for any such contracts. [HL4207] of, or distribution of, Bounty packs to expectant or To ask Her Majesty’s Government whether they new mothers, for each of the past five years. will place in the Library of the House copies of any [HL4161] (1) agreements, (2) correspondence and (3) details To ask Her Majesty’s Government what information of meeting dates, between Bounty and the Department they hold regarding payments to NHS Hospital of Health since June 2010. [HL4208] Trusts, primary care trusts or strategic health authorities by Bounty for the distribution of their packs to Earl Howe: The distribution of materials from expectant or new mothers. [HL4164] commercial companies and charities is negotiated locally To ask Her Majesty’s Government what with individual National Health Service and/or foundation conditions, restrictions or safety precautions apply trusts, and as such the department is not involved in to representatives of commercial companies entering the approval process for any relevant contracts. maternity units for the purposes of data collection The department does not have any written agreements or providing commercial services such as photography with Bounty. to parents. [HL4166] There were 10 items of correspondence received from Bounty since 1 June 2010. Copies of the correspondence, together with department’s replies, have been placed in The Parliamentary Under-Secretary of State, Department the Library. of Health (Earl Howe): Neither the department nor the Since June 2010 departmental officials have met National Health Service centrally has any contracts with Bounty on five occasions; a further meeting is with Bounty. The distribution of Bounty packs is planned in 2013. The then Parliamentary Under-Secretary negotiated locally by Bounty with individual NHS and of State (Anne Milton) also met with Bounty in June foundation trusts, and individual trusts are able to 2011. The meetings covered a range of issues including influence the contents of the packs delivered to their Start4life, public health messages surrounding drinking, maternity services users. The department does not giving up smoking in pregnancy and opportunities to have information about the contracts that exist between promote seasonal flu messages. Officials have also Bounty and the NHS locally, as this is the responsibility attended one of Bounty’s health networks to brief it of individual NHS authorities and is not collated on Start4Life, the NHS Information Service for Parents centrally. and the Start4Life smoke-free midwives pack. Bounty occasionally promotes departmental public health messages free of charge, including messages on seasonal flu, encouraging pregnant women to have Health: Cardiology the flu jab, and encouraging women to sign up to the Question NHS Information Service for Parents. The department’s Asked by The Lord Bishop of Ripon and Leeds messages are promoted on Bounty’s website, in its membership area and in its “Thank you for registering To ask Her Majesty’s Government when they with Bounty” e-mails sent to newly registered pregnant expect the Independent Reconfiguration Panel to women. The NHS Information Service for Parents publish the findings of its review of the Safe and wallet cards with sign-up details are placed in Bounty’s Sustainable proposals on children’s congenital heart pregnancy and information pack for pregnant women services; whether they issued any instructions about free of charge. consulting Members of Parliament when requesting WA 47 Written Answers[LORDS] Written Answers WA 48
that review; and whether they plan to issue further Health: Consultancy Services instructions to ensure that interested Members of the House of Lords are able to contribute. [HL4020] Question
The Parliamentary Under-Secretary of State, Department Asked by Lord Mawhinney of Health (Earl Howe): Following referrals from three local Overview and Scrutiny Committees, and subsequent To ask Her Majesty’s Government how much initial assessments of those referrals, the Independent hospital trusts spent on outside consultants, by Reconfiguration Panel (IRP) is currently undertaking strategic health authority area, (1) in each of the a full review of the proposals concerning Safe and past 12 months, and (2) in each of the past five Sustainable. years, for which figures are available. [HL4233] The panel is now due to submit its advice to the Secretary of State no later than 28 March 2013. As is routine, the panel will publish its advice at the same time as the Secretary of State makes his decision The Parliamentary Under-Secretary of State, Department public. of Health (Earl Howe): Information regarding expenditure No instructions were issued to the panel about on consultancy services by National Health Service consulting Members of Parliament and no further trusts within strategic health authority (SHA) regions instructions will be issued. As an independent body, it for the years 2007-08 to 2010-11 is in the following is up to the panel to determine how to carry out its table. review. SHA spend in respect of the last 12 months in However, we are clear that anyone, including 2012-2013 will be available once the department’s annual honourable Members and other elected or non-elected report and accounts are laid before Parliament in representatives can make their own representations October 2013. and views known to the IRP on this important issue. This can be done by contacting the panel at NHS Direct NHS Trust does not fall under a [email protected] and in writing to IRP, 6th floor, specific SHA region; as such, figures for the organisation 157-197 Buckingham Palace Road, London SW1W 9SP. have been listed separately.
NHS Trust consultancy spend by SHA region 2007-08 £000s 2008-09 £000s 2009-10 £000s 2010-11 £000s 2011-12 £000s
NHS Direct NHS Trust 3,627 7,279 4,955 1,308 2,730 North East SHA 2,972 2,165 1,230 656 561 North West SHA 13,301 12,862 7,460 8,443 14,079 Yorkshire and the Humber SHA 5,570 6,604 5,720 5,566 7,844 East Midlands SHA 8,349 8,256 12,960 10,822 13,772 West Midlands SHA 17,088 17,631 15,658 12,818 17,005 East of England SHA 10,003 9,403 9,822 7,781 7,325 London SHA 37,588 49,204 52,179 44,871 55,548 South East Coast SHA 13,884 16,355 13,193 10,064 12,411 South Central SHA 13,407 11,716 11,826 9,099 8,811 South West SHA 8,285 7,378 7,865 7,566 6,673
Source: 2007-08 to 2011-12 NHS Trusts Audited Summarisation between mental ill-health and social factors, particularly Schedules debt. A copy of the report is available at the following The data are taken from the audited summarisation link: www.bis.gov.uk/foresight/our-work/projects/ schedules of NHS trusts which are used to prepare the published-projects/mental-capital-and-wellbeing/ NHS elements of the department’s annual report and reports-and-publications. accounts. Through provisions in the Financial Services Act, the Government have clarified the role of the Money Health: Finance-related Ill-health Advice Service so that it is required to work with other Question organisations which provide debt services, with a view to improving the availability, quality and consistency Asked by Lord Taylor of Warwick in the services available, in the way in which they are To ask Her Majesty’s Government what assessment provided and in the advice given. they have made of the link between financial anxiety over debt and health problems; and what steps they Health: Idiopathic Pulmonary Fibrosis are taking to improve debt advice services. [HL4359] Questions The Parliamentary Under-Secretary of State, Department Asked by Baroness Masham of Ilton of Health (Earl Howe): The links between worklessness To ask Her Majesty’s Government what steps and mental ill-health are well established. The Foresight they are taking to increase investment in innovation Report Mental Capital and Wellbeing, published by in the treatment of idiopathic pulmonary fibrosis. the Government Office of Science, highlighted the link [HL4266] WA 49 Written Answers[8 JANUARY 2013] Written Answers WA 50
The Parliamentary Under-Secretary of State, Department Earl Howe: It is a matter for local determination to of Health (Earl Howe): The National Institute for ensure that appropriate specialist infection prevention Health Research (NIHR) Health Technology Assessment and control commissioning nurses and teams are in programme is funding a systematic review of evidence place to prevent and control infections. on the benefits, harms and costs of treatments for idiopathic pulmonary fibrosis (IPF). The review began in May 2012 and is expected to report in mid-2014. In Health: Miscarriage addition, the NIHR is funding two one-year biomedical Question research fellowships studying IPF. Asked by Lord Alton of Liverpool In addition, the department has asked the National To ask Her Majesty’s Government what assessment Institute for Health and Clinical Excellence to produce they have made of reports of women losing their a clinical guideline on the diagnosis and management babies due to mistaken diagnosis of miscarriage, of IPF. The draft guideline is due to be published for and the subsequent advice to doctors from the consultation from 11 January 2013 to 22 February National Institute for Health and Clinical Excellence. 2013, with a view to final publication in June 2013. [HL4173] Asked by Baroness Masham of Ilton The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government what assessment of Health (Earl Howe): It is important that women they have made of the introduction of the value-based receive accurate diagnosis of miscarriage to enable pricing system for treatments for idiopathic pulmonary them to make informed decisions about their pregnancy. fibrosis. [HL4267] The National Institute for Health and Clinical Excellence (NICE) has considered the available evidence Earl Howe: The National Institute for Health and on diagnosis and initial management in early pregnancy Clinical Excellence (NICE) is developing technology of ectopic pregnancy and miscarriage and published appraisal guidance on the use of pirfenidone (Esbriet) clinical guidelines on 12 December 2012: www.nice.org. for the treatment of patients with mild to moderate uk/nicemedia/live/14000/61854/61854.pdf. idiopathic pulmonary fibrosis. NICE issued initial Health professionals will wish to follow the NICE draft guidance for consultation on 29 November 2012 recommendation that women be informed that the which does not recommend the drug and currently diagnosis of miscarriage using one ultrasound scan expects to issue final guidance in April 2013. cannot be guaranteed to be 100% accurate and there is The Government have set out their intention to a small chance that the diagnosis may be incorrect, introduce a system of value-based pricing (VBP) for particularly at very early gestational ages. branded medicines from January 2014. VBP will focus primarily on new medicines and it is not our intention to reassess under VBP the vast majority of treatments Health: Neurology already appraised by NICE. Under our current plans, Questions we intend to maintain the funding direction for NICE- Asked by Baroness Gale recommended treatments and replicate its effect for medicines with a value-based price. To ask Her Majesty’s Government how the commissioning data set for neurology will be developed; and who will be responsible for collecting the data Health: Infection Control and ensuring that it is accurate. [HL4281] Questions To ask Her Majesty’s Government when the commissioning data set for neurology will be Asked by Baroness Masham of Ilton complete. [HL4282] To ask Her Majesty’s Government what plans To ask Her Majesty’s Government how many are in place to appoint a new inspector of microbiology people with long-term neurological conditions in and infection control to advise the Government the United Kingdom have a care plan. [HL4284] within the new NHS structures. [HL4196] The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department does collect The Parliamentary Under-Secretary of State, Department information on the number of people with a long-term of Health (Earl Howe): The department plans to discuss neurological condition who have a care plan. Data on with the NHS Commissioning Board and Public Health care planning was previously collected by the GP Practice England how to cover the inspector of microbiology Survey, which assesses patients’ experiences of local and infection control’s functions in future. National Health Services. The most recent data collected, Asked by Baroness Masham of Ilton which cover the period April 2010 to March 2011, showed that of nearly 2 million respondents with a To ask Her Majesty’s Government what plans long-term condition, 83% reported they had a care are in place to ensure that variations in the planning discussion, and 96% reported an improvement redeployment of specialist infection prevention and in their care as a result of the care planning process. Of control commissioning nurses and teams will not those respondents reporting having a care planning pose risks to management of infection prevention discussion, 70% did not want a written plan summarising and control. [HL4197] the discussion. WA 51 Written Answers[LORDS] Written Answers WA 52
The Quality, Innovation, Productivity and Prevention The Medicines and Healthcare Products Regulatory work stream on long-term conditions is looking at Agency keeps the safety of all licensed medicines, reducing the variations in the care planning that people including orlistat-containing products, under close review receive. Evidence emerging from this work suggests using a wide range of data sources. These include that people want and value a care planning discussion suspected adverse drug reactions spontaneously reported rather than the need for a written care plan. by health professionals and patients through the Yellow Arrangements for the development and operation Card scheme. of the neurology dataset will be matters for the NHS Up-to-date information on the side effects of orlistat Commissioning Board to determine as it moves towards is provided in the product information for prescribers taking on its full responsibilities from April 2013. The and the patient information leaflets, which accompany board has committed to working with the service to both the prescription-only and the over-the-counter increase the amount of data flowing within the NHS medicines. to support clinical commissioners in driving continuous improvements in quality in both secondary and primary care. Health: Parkinson’s Disease Asked by Baroness Gale Questions Asked by Baroness Gale To ask Her Majesty’s Government what indicators in the Commissioning Outcomes Framework pertain To ask Her Majesty’s Government when the specifically to neurological conditions. [HL4283] quality standard for Parkinson’s disease will be developed. [HL4279] Earl Howe: The NHS Commissioning Board published the Clinical Commissioning Group Outcomes Indicator The Parliamentary Under-Secretary of State, Department Set (formerly the Commissioning Outcomes Framework) of Health (Earl Howe): We have asked the National for 2013-14 on 18 December. The set contains indicators Institute for Health and Clinical Excellence (NICE) to from the NHS Outcomes Framework that specifically develop a quality standard on Parkinson’s disease as include patients with neurological conditions. These part of a library of approximately 180 National Health are as follows (with the NHS Outcomes Framework Service quality standards. NICE has not yet published number in brackets): a timescale for the development of this quality standard. potential years of life lost from causes amenable to The NHS Commissioning Board, which will be healthcare (1a); responsible for the strategic direction of NHS quality health-related quality of life for people with long- standards from April 2013, has begun discussions term conditions (2); with NICE to determine the most appropriate sequencing for NHS quality standards to assist the board in unplanned hospitalisation for chronic ambulatory improving patient outcomes across the five domains care sensitive conditions (adults) (2.3.i); and of the NHS Outcomes Framework. unplanned hospitalisation for asthma, diabetes and epilepsy in under 19s (2.3.ii). Asked by Baroness Gale To ask Her Majesty’s Government when the National Institute for Health and Clinical Excellence Health: Obesity guidance on Parkinson’s disease will next be updated. Question [HL4280] Asked by Lord Jones of Cheltenham Earl Howe: The National Institute for Health and To ask Her Majesty’s Government what assessment Clinical Excellence (NICE) published a clinical guideline they have made of the risks to patients of using on the diagnosis and management of Parkinson’s disease products containing orlistat in treatments (1) prescribed in primary and secondary care in June 2006. by the NHS, and (2) sold over the counter.[HL4190] NICE carried out a routine review of the need to update the clinical guideline in 2011 and concluded The Parliamentary Under-Secretary of State, Department that the guideline should be further considered for an of Health (Earl Howe): Orlistat is authorised for weight update once the outcomes of recent clinical research loss in adults who are overweight and should be taken in this area have been published. in conjunction with a mildly hypocaloric, lower-fat diet. Orlistat works by preventing the absorption of ingested fat. Orlistat is available as both a prescription-only Higher Education: Modern Languages medicine (Xenical) and a non-prescription over-the-counter Question medicine that is available under the supervision of a Asked by Baroness Coussins pharmacist (Alli). Orlistat is authorised throughout the European Union To ask Her Majesty’s Government how many and a full assessment of its safety and efficacy was (1) modern languages departments, and (2) degree conducted at the time of authorisation. Public assessment courses in or including one or more modern language, reports have been published by the European Medicines have been closed in United Kingdom universities in Agency. each of the last five years. [HL4345] WA 53 Written Answers[8 JANUARY 2013] Written Answers WA 54
Baroness Garden of Frognal: The Government do be sustained across the sector, taking into account the not hold the specific data requested. Higher education new landscape for student fees and finance in HE. institutions (HEI) are autonomous and responsible HEFCE continues to provide funding for student for how they structure themselves and what courses demand-raising activity in MFL at a national level: for they offer. As a result of our funding reforms, from 2012-13 this funding is worth £1 million and between 2012-13 HEI funding increasingly flows from the fees 2013 and 2016 HEFCE has committed to invest a paid by students, so institutions are making decisions further £3 million in a new programme of demand-raising about which courses to offer to respond to student work. Given the need to sustain the supply of MFL demand. provision, HEFCE protected student numbers in these We have asked the Higher Education Funding Council subjects in the redistribution of student numbers for for England (HEFCE) to protect subjects that are 2012-13. strategically important and vulnerable (SIVS), including The table below shows the total number of students modern foreign languages, to avoid undesirable reductions studying modern foreign languages over the past five in the scale of provision. years. It demonstrates that there has been little change HEFCE is working with institutions to explore how in the overall number of FTE students taking modern modern foreign language (MFL) provision could best foreign languages at undergraduate level.
Table 1: Undergraduate FTE in modern foreign languages drawn from HESA data* Academic year % change 2006-07 to 2006-07 2007-08 2008-09 2009-10 2010-11 2010-11
Undergraduate FTE in 27,967 26,883 27,441 27,185 28,021 0% modern foreign languages
* Includes all students across all modes of study (full-time and The Chancellor of the Duchy of Lancaster (Lord part-time), from all domiciles (home, EU and international), and Strathclyde): It remains the Government’s continued in all years of study. Excludes Open University. intention that Lords appointments will be made with the objective of creating a second Chamber that is reflective of the share of the vote secured by the Higher Education: Online Courses political parties in the last general election, and this Question commitment is taken into account by the Prime Minister Asked by Lord Taylor of Warwick when making appointments. To ask Her Majesty’s Government what is their House of Lords: Catering assessment of the impact on the provision of university Question education of the publication by leading United Kingdom universities of degree resources online. Asked by Lord Kennedy of Southwark [HL4232] To ask the Chairman of Committees whether he will ensure that foie gras is removed from the menu Baroness Stowell of Beeston: The UK must be at the of all catering establishments in the House of Lords. forefront of developments in educational technology. [HL4301] Open online courses present an opportunity for us to widen access to, and meet the global demand for, The Chairman of Committees (Lord Sewel): The higher education. Recent initiatives by the Open University only outlets where foie gras had been on the menu and others will make high-quality UK-produced academic were the Barry Room and the Peers’ Dining Room, content freely available to anyone who wishes to study during December 2012. Foie gras has now been removed it. We congratulate the Open University and its partners from the menu in both outlets. on this. Foie gras has also been an option for menus for banqueting events, but will be removed from future banqueting menus. House of Lords: Appointments Question House of Lords: Members Asked by Lord Tebbit Question Asked by Lord Ashcroft To ask Her Majesty’s Government, further to the Written Answer by Lord Strathclyde on To ask Her Majesty’s Government, further to the 19 November (WA 320), when they expect to start Written Answer by Lord McNally on 10 December on the process of achieving the objective of creating (WA 196), what steps they take to ensure that all a second Chamber that is reflective of the share of Members of the House of Lords retain the correct the vote secured by the political parties in the last citizenship status to be a Member of the House. general election. [HL4052] [HL4192] WA 55 Written Answers[LORDS] Written Answers WA 56
The Minister of State, Ministry of Justice (Lord the property value which can be used towards the cost McNally): Since it was established in May 2000, the of purchasing a home. 45.7% of FirstBuy sales to the House of Lords Appointments Commission has asked end of September 2012 were properties of three or non-party-political nominees to confirm their nationality more bedrooms. The NewBuy Guarantee scheme helps and hereditary Peers elected in a by-election are required buyers realise their aspirations for home ownership to confirm they are not disqualified for membership with a 5% deposit. The Government provide the necessary of the House of Lords, but Members’ nationality is guarantee to support lenders to offer 95% loan-to-value not actively monitored thereafter. new-build mortgages. Asked by Baroness Whitaker House of Lords: Private Members’ Bills Question To ask Her Majesty’s Government what measures they are taking to improve the design quality of Asked by Lord Laird new-build housing. [HL4238] To ask Her Majesty’s Government what assistance in the preparation of Private Members’ Bills was provided by the Department of Energy and Climate Change in (1) the 2010–12 Session, and (2) this Baroness Hanham: Our housing strategy, Laying Session. [HL4118] the Foundations: A Housing Strategy for England,was published in November 2011. It emphasises that getting Lord Gardiner of Kimble: No direct assistance in the quality, sustainability and design of housing right the preparation of Private Members’ Bills has been is crucial if communities are going to support new provided by the department during the previous and homes. current Sessions. This is because no Private Members’ In line with this, the National Planning Policy Bills were tabled which fitted in with agreed policy of Framework published in March 2012 makes clear that the department. The department does, however, endeavour good design is a key aspect of sustainable development, to support Members whenever it can if their proposed is indivisible from good planning and should contribute Private Members’ Bills fit in with departmental policy. positively to making places better for people. Specifically it sets out that: permission should be refused for development of poor design; great weight should be Housing given to outstanding or innovative designs; proposals Questions that have evolved to take account of the views of the Asked by Lord Taylor of Warwick community should be looked on more favourably; and To ask Her Majesty’s Government what steps local planning authorities should have local design they are taking to make family housing more review arrangements in place. accessible. [HL4042] In addition, we are currently funding the Design Council CABE to provide design review services. This The Parliamentary Under-Secretary of State, Department enables developers and local authorities to get potential for Communities and Local Government (Baroness Hanham): schemes reviewed by an independent panel of experts, The Government believe that local communities should who provide advice on how the scheme design could determine the right mix of new housing for their area. be improved. In June 2010 we removed the national minimum density We have also supported the development of the target from Planning Policy Statement 3 (Housing) to Building for Life design checklist. This is promoted by give local authorities the flexibility to set density ranges the Home Builders Federation and the Design Council that suit the local needs in their areas—particularly for as a reference tool that can be used at the pre-application family houses. The National Planning Policy Framework stage to help frame local discussions about the design makes clear that councils should plan to meet the of a new housing scheme. objectively assessed needs for market and affordable housing in the housing market area. As part of this, Asked by Baroness Whitaker they should plan for a mix of housing based on current To ask Her Majesty’s Government whether they and future demographic trends, market trends and the plan to introduce minimum space and storage needs of different groups in the community, such as standards for new homes as part of their review of families with children. housing standards. [HL4239] The Homes and Communities Agency is expecting that delivery of larger family homes through the new Affordable Homes Programme is broadly in line with the proportion delivered through the earlier National Baroness Hanham: No decisions have been made Affordable Homes Programme. Around 29% of the about standards for space and storage in the review of homes will be family-sized homes (3+ bedrooms). local housing standards. Ministers will receive The Government are also committed to helping recommendations for their consideration in due course. people access all types of housing, including family Asked by Baroness Whitaker housing, by providing help with mortgage finance. Over £900 million is being invested by government To ask Her Majesty’s Government what assessment and housebuilders through FirstBuy to help up to they have made of the current minimum space 27,000 first-time buyers into home ownership by March standards applicable to new affordable housing 2014. FirstBuy offers an equity loan of up to 20% of developments. [HL4240] WA 57 Written Answers[8 JANUARY 2013] Written Answers WA 58
Baroness Hanham: Information on the design from Unfair Trading Regulations 2008 provide adequate and sustainability standards used by the Homes and similar protections against false or misleading commercial Communities Agency can be found online at: www. practices in this sector, as in other sectors. homesandcommunities.co.uk/ourwork/design-and- We would welcome further industry initiatives in sustainability-standards. response to the proposal from the Royal Institute of Information on how the quality of housing schemes British Architects and Future Homes Commission. is measured is at: www.homesandcommunities.co.uk/hqi. This could build on the consumer code for house-builders, which is an example of an existing voluntary industry-wide Asked by Baroness Whitaker initiative to make the home-buying process fairer and To ask Her Majesty’s Government what assessment more transparent for purchasers. they have made of the cost implications of (1) the Asked by Baroness Whitaker Lifetime Homes Standards, (2) the Code for Sustainable To ask Her Majesty’s Government what conditions Homes, and (3) minimum space standards for public or expectations are set out in agreements with housing for new developments in England. [HL4241] developers for the disposal of public land for the purpose of new housing development as to the design quality of the homes that will be built. Baroness Hanham: The Department for Communities [HL4262] and Local Government commissioned analysis of the cost implications of Lifetime Homes Standards by To ask Her Majesty’s Government what Building Cost Information Service in 2009, which requirements are set out for developers taking part estimated costs ranging between £199 and £2,500 per in the Build Now Pay Later scheme in respect of the unit for different home types and designs. design quality of homes built on surplus public sector land. [HL4263] The cost of the Code for Sustainable Homes has been regularly assessed, and the last report was published To ask Her Majesty’s Government what measures in 2011. This indicated that extra over costs can range they are taking to ensure that new homes built on between £230 and £40,000 per unit, depending on surplus public sector land are of a good design different code level, home type and design, and location. quality. [HL4264] The latest cost report is available at this link: https:// www.gov.uk/government/publications/cost-of- Baroness Hanham: As part of the Government’s building-housing-to-the-code-for-sustainable- public land programme, departments are freeing up homes-standard-updated-cost-review. their surplus, formerly used land, with development The Department for Communities and Local potential, particularly for housing. Each landowning Government has not made any estimate of the cost department is responsible for the disposal of its land implications of space standards. and the contracts it uses, including Build Now Pay Asked by Baroness Whitaker Later terms, and these will be tailored on a site-by-site basis. To ask Her Majesty’s Government what assessment The National Planning Policy Framework sets out they have made of the regulations relating to the Government’s planning policies on design, making information required for the marketing of new it clear that good design is a key aspect of sustainable homes and what consideration they have given to development. Matters of design quality for homes on the proposals made by the Royal Institute of British public land and all sites are for local decision, as they Architects for an industry-wide voluntary agreement importantly need to respect the local character and regarding the quality and nature of information environment of the area. I refer my noble friend to the provided in marketing information for the sale of answer given to my honourable friend the Member for homes. [HL4242] South Staffordshire on 7 January (Official Report, col. 127W), which provides more detail about the steps being taken by the Government to encourage Baroness Hanham: Striking the right balance in the good design. regulatory system is very important. We need to protect consumers while eliminating the avoidable burdens of regulation and bureaucracy to promote growth, innovation Immigration: Detention and social action. Questions To protect consumers, the marketing of new homes Asked by Lord Roberts of Llandudno is covered by general marketing and consumer protection laws. There is also a requirement that an energy To ask Her Majesty’s Government what proportion performance certificate must be made available to of detainees without authorisation to be in the prospective home purchasers. United Kingdom have been incarcerated for (1) one To remove unnecessary red tape, we abolished the year, and (2) over two years. [HL4127] previous Government’s home information packs because To ask Her Majesty’s Government, of the detainees they significantly increased the cost of moving home without authorisation to be present in the United for sellers and resulted in duplicated costs as buyers Kingdom who have been incarcerated for over two did not trust the information. We have also recently years, how many were (1) released, (2) forcibly announced our intention to repeal the Property released, and (3) kept in detention, during the last Misdescriptions Act 1991 as the Consumer Protection five years. [HL4128] WA 59 Written Answers[LORDS] Written Answers WA 60
The Parliamentary Under-Secretary of State, Home Immigration: Handcuffs Office (Lord Taylor of Holbeach): The number of Question persons detained under Immigration Act powers at 30 September 2012, the latest date for which published Asked by Baroness Stern information is available, was 3,091; 149 were detained To ask Her Majesty’s Government how many for one year or more and, of these, 27 were detained for times (1) handcuffs, and (2) escort chains, were used two years or more. on children by escort providers escorting children I have assumed that by “forcibly released” you refer to or from (a) immigration reception centres, (b) the to individuals whose release has been ordered by the pre-departure accommodation, The Cedars, and courts. We have provided information relating to those (c) immigration detention centres, during the latest released on bail, but do not hold information centrally 12-month period for which figures are available, on whether temporary admission or release is given as and during the three preceding 12-month periods. the result of a court order or following the UK Border [HL3533] Agency’s review of detention. Information on the number of individuals leaving detention, including The Parliamentary Under-Secretary of State, Home the reasons and length of detention, is only available Office (Lord Taylor of Holbeach): Handcuffs are only from 2010. ever used on children as a last resort where it is strictly Of those detained for two years or more: necessary to prevent self-harm or escape, or to protect 77 persons left detention in 2010. Of these, 26 were others and property. Escorting officers do not use removed and 15 were granted temporary admission or chains. release. A further 31 were granted bail. The detention and escorting contract transferred to 118 persons left detention in 2011. Of these, 29 were Reliance Secure Task Management on 1 May 2011. removed and 23 were granted temporary admission or From May 2011 to the present date, there have not release. A further 61 were granted bail. been any instances of officers using handcuffs on children when escorting them to or from the pre-departure 55 persons left detention in 2012 up to 30 September accommodation or immigration removal centres. There 2012, the latest date for which published information are no facilities called immigration reception centres. is available. Of these, 19 were removed and 13 were granted temporary admission or release. A further Data from the previous escorting provider are not 22 were granted bail. available. Detailed information on people in detention, by The information is taken from data normally used length of detention, is released quarterly in table dt.9.q, for management information only. It has not been and people leaving detention in tables dt.05.q and subject to the detailed checks that apply for National dt.06.q of Immigration Statistics, which is available Statistics publications and is provisional and subject from the Library of the House and from the Home to change. Office’s Science, Research and Statistics website at: http://www.homeoffice.gov.uk/publications/ Israel science-research-statistics/research-statistics/ Question immigration-asylum-research/immigration-tabs- Asked by Baroness Tonge q3-2012/detention-q3-2012-tabs?view=Binary Detention is a necessary part of the process to To ask Her Majesty’s Government what discussions remove some individuals with no right to be in the they have had with the Government of Israel concerning UK. We always seek to remove those with no right to any long-term ceasefire they were negotiating with be here as quickly as possible but if detainees give false Hamas before the recent hostilities started.[HL4187] or incomplete information or submit spurious last-minute appeals, then in such cases, it can delay their return The Senior Minister of State, Department for Communities and extend their detention. and Local Government & Foreign and Commonwealth Office (Baroness Warsi): We are aware of media reports Asked by Lord Roberts of Llandudno about a possible full ceasefire proposal before the To ask Her Majesty’s Government whether they recent violence in Gaza and southern Israel. However, will establish an independent panel to review the we have not discussed this issue with the Israeli Government. cases of detainees without authorisation to be present Following the Egyptian-brokered ceasefire on in the United Kingdom who are held for lengthy 21 November, the priority now must be to address the periods. [HL4129] underlying causes of the conflict, including more open access to and from Gaza for people and goods, and an end to the smuggling of weapons. It is important that Lord Taylor of Holbeach: The establishment of momentum towards finding a solution to the problems such a panel is not considered to be necessary or of Gaza is maintained. appropriate. Exercise of immigration detention powers is a matter for the Secretary of State. Decisions to Israel and Palestine maintain detention are kept under regular review at Questions successively higher levels in the UK Border Agency, with cases involving particularly lengthy detention Asked by Baroness Uddin being reviewed at director level. The legality of detention To ask Her Majesty’s Government what assessment can be challenged in the courts, as well as the individual they have made of the impact of the reported raids having the right to apply for bail at any time. by Israeli forces on the offices of Palestinian human WA 61 Written Answers[8 JANUARY 2013] Written Answers WA 62
rights organisations, including the offices of the that more needs to be done, particularly in the Jordan Union of Palestinian Women Committees and the Valley and Palestinian land on the Israeli side of the Palestinian NGO Network. [HL4146] separation barrier. We will continue to argue for a just outcome for all the people affected by illegal settlement construction The Senior Minister of State, Department for Communities and the confiscation of land due to the separation and Local Government & Foreign and Commonwealth barrier. This includes funding from the Department Office (Baroness Warsi): We are deeply concerned by for International Development for the Norwegian Refugee the incursion by Israeli security forces into Ramallah Council to provide legal support to communities affected on 11 December to raid the offices of three non-governmental by the occupation. organisations (NGOs) with which the EU has implemented co-operation projects—Addameer,the Union of Palestinian Asked by Lord Hylton WomenCommittees (UPWC) and the Palestinian NGO Network (PNGO). To ask Her Majesty’s Government what has been the total cost of Mr Tony Blair and his supporting Incursions by Israeli forces into Palestinian cities staff in his role as Quartet Envoy to the Middle where the Palestinian Authority under the Oslo East; and what is the United Kingdom share of accords assumes the powers and responsibilities for that cost. [HL4326] internal security and public order put in jeopardy the internationally recognised success of Palestinian institution-building efforts. Baroness Warsi: The Government do not provide any financial contribution to the Office of the Quartet Asked by Baroness Tonge Representative. However, we do currently second two To ask Her Majesty’s Government what recent civil servants to the Office of the Quartet Representative discussions they have had with the Government of in London, and one to the Office of the Quartet Israel concerning the recommendation of the Foreign Representative in Jerusalem, to support the work of and Commonwealth Office report Children in Military the quartet in reinforcing the prospects of a resolution Custody that military law and public administration of the Israeli-Palestinian conflict. should deal with Palestinian children on an equal The Government do not hold information on the footing with Israeli children. [HL4184] total cost of Tony Blair’s role as Quartet Envoy. Asked by Lord Hylton Baroness Warsi: Our ambassador to Tel Aviv has To ask Her Majesty’s Government whether they discussed the report’s findings with the Israeli Attorney- will make representations to the Government of General and Deputy Attorney-General and with the Israel about access to the Old City of Jerusalem for Israeli Ministry of Foreign Affairs. We will continue pilgrims and students coming from the West Bank, dialogue with the Israeli authorities on this issue. Jordan and Israel, in line with United Nations The Parliamentary Under-Secretary of State for resolutions on the matter. [HL4365] Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Mr Burt), has also written to the Israeli ambassador on this Baroness Warsi: We remain deeply concerned about subject and has met Baroness Scotland, as one of the restrictions on freedom of movement between the authors, to discuss follow-up to the report. West Bank and East Jerusalem, and elsewhere in the Occupied Palestinian Territories. Through our embassy Asked by Baroness Tonge in Tel Aviv, we have lobbied the appropriate authorities on the issue of movement and access. We continue to To ask Her Majesty’s Government what recent work closely with the quartet and EU partners, and to representations they have made to the Government call on Israel to ease restrictions on access. of Israel concerning Palestinian farmers in Jayyous and elsewhere who are unable to access their land because of the security barrier. [HL4188] Israel and Palestine: West Bank Question Baroness Warsi: Through our embassy in Tel Aviv, Asked by Baroness Tonge we have lobbied the appropriate authorities on the issue of movement and access. We continue to work To ask Her Majesty’s Government what discussions closely with the quartet and EU partners, and to call they have had with the Government of Israel on Israel to ease restrictions on access. concerning the break-in and removal of all computer The UK position on the separation barrier is clear: hard disks from the human rights offices of Addameer if Israel wished to build the barrier, it should have and other community organisations in Ramallah. been built on the 1967 border—and where it is constructed [HL4185] on the Palestinian side of that border, it is illegal under international law. The Senior Minister of State, Department for Communities According to the UN Office for the Co-ordination and Local Government & Foreign and Commonwealth of Humanitarian Affairs there are now 522 obstacles Office (Baroness Warsi): We are deeply concerned by which restrict Palestinian access, compared to 503 at the incursion by Israeli security forces into Ramallah the end of 2010. This is a clear increase and it is clear on11December,toraidtheofficesof threenon-governmental WA 63 Written Answers[LORDS] Written Answers WA 64 organisations, including Addameer,the Union of Palestinian Asked by Lord Thomas of Gresford WomenCommittees and the Palestinian Non-Governmental Organisation Network. To ask Her Majesty’s Government what range of default sentences were set by the Crown Courts for Incursions by Israeli forces into Palestinian cities non-payment of confiscation orders in 2011. where the Palestinian Authority under the Oslo Accords assumes the powers and responsibilities for internal [HL4225] security and public order put in jeopardy the internationally recognized success of Palestinian institution building efforts. Lord McNally: The minimum prison default sentence for non-payment is seven days for outstanding amounts Officials at our embassy in Tel Aviv are actively up to £200, while the maximum additional sentence is seeking an opportunity to raise this raid with the 10 years for outstanding amounts over £1 million. Israeli authorities. The table below records the sliding scale of default prison sentences against the amount left outstanding, Justice: Confiscation Orders all of which were allocated during 2011-12. Questions Amount Default Period Asked by Lord Thomas of Gresford To ask Her Majesty’s Government how many Not exceeding £200 7 days prisoners are currently serving a term of imprisonment Exceeding £200 but less than 14 days £500 for default in the payment of confiscation orders. Exceeding £500 but less than 28 days [HL4222] £1,000 Exceeding £1,000 but less than 45 days The Minister of State, Ministry of Justice (Lord £2,500 McNally): The National Offender Management Service Exceeding £2,500 but less than 3 months and the Ministry of Justice Analytical Services are £5,000 unable to obtain information from their data systems Exceeding £5,000 but less than 6 months in relation to how many offenders are currently serving £10,000 a confiscation default sentence for non-payment of Exceeding £10,000 but less than 12 months confiscation orders. In addition, if the court has invoked £20,000 Exceeding £20,000 but less than 18 months the default sentence and if the offender is still serving £50,000 their substantive prison sentence they will not be Exceeding £50,000 but less than 2 years classed as serving their default sentence until after £100,000 they have served their main sentence. Exceeding £100,000 but less 3 years Asked by Lord Thomas of Gresford than £250,000 Exceeding £250,000 but less 5 years To ask Her Majesty’s Government how much than £1,000,000 was recovered from confiscation orders in 2011. Exceeding £ 1,000,000 10 years [HL4223]
Lord McNally: A record amount of £120.8 million Asked by Lord Thomas of Gresford was recovered from confiscation orders in England and Wales during the financial year of 2011-12. To ask Her Majesty’s Government what types of offence resulted in confiscation orders being made Asked by Lord Thomas of Gresford in 2011. [HL4226] To ask Her Majesty’s Government how many confiscation orders resulted in default sentences being activated in 2011. [HL4224] Lord McNally: During the 2011-12 financial year, 20 of the 21 offence categories were used for grant Lord McNally: HMCTS has eight regional confiscation confiscation orders. No confiscation orders were granted units and the breakdown of the number of default under terrorism during 2011-12. prison sentences activated for non-payment of confiscation The table below records the volume and value of orders during 2011-12 is recorded in the table below. confiscation orders granted during 2011-12, under each offence category. HMCTS Regional Number of default sentences Confiscation Unit activated during 2011-12 Volume of Orders Value of Orders Offence Granted Granted London 66 Midlands (east) 27 Arms Trafficking 7 £1,766,873.33 Midlands (west) 41 Bribery and 11 £1,716,429.75 North East 37 Corruption North West 67 Burglary/Theft 512 £5,697,593.23 South East 48 Counterfeiting/ 135 £8,814,064.66 South West 35 Intellectual Property/ Forgery Wales 6 Drug Trafficking 3,333 £45,428,479.24 Total 327 Excise Duty Fraud 46 £2,917,292.68 WA 65 Written Answers[8 JANUARY 2013] Written Answers WA 66
Volume of Orders Value of Orders torture and ill treatment. However, in light of the Offence Granted Granted ongoing legal proceedings it would not be appropriate to comment further. Handling Stolen 63 £868,691.02 Goods Asked by Baroness Kinnock of Holyhead Intellectual Property 13 £186,313.94 To ask Her Majesty’s Government whether they Crime will meet the Kenyan Human Rights Commission Money-laundering - 257 £12,407,865.56 to discuss the setting up of a welfare fund for Drugs Kenyan victims of torture and violence and degrading Money-laundering - 333 £32,106,071.95 Other treatment by the British colonial authorities during the 1950s Kenyan Emergency. [HL4104] Other Crime 127 £8,556,117.70 Other Fraud/ 904 £36,014,747.14 Baroness Warsi: It would not be appropriate to Embezzlement/ Deception/Crimes of comment on the possibility of a welfare fund while dishonesty there is an ongoing legal case in the High Court. People Trafficking 32 £2,179,856.14 Pimps and Brothels/ 51 £3,372,369.73 Liver Bird Prostitution/ Question Pornography Robbery 103 £513,453.21 Asked by Lord Storey Tax and Benefit 300 £14,215,450.13 To ask Her Majesty’s Government what Fraud representations they have made to (1) Liverpool Terrorism 0 0.00 Football Club, (2) Liverpool City Council, (3) the Trading Standards 3 £473,820.00 UK Intellectual Property Office, and (4) the European Offences Union Office for Harmonization in the Internal Unknown 12 £150,134.32 Market, regarding the rights associated with the VAT Fraud 25 £10,165,274.51 use of the Liver Bird; and, if they have not made Vehicle Offences 3 £111,772.35 representations, whether they will do so. [HL4275] Grand Total 6,270 £187,662,670.59 Baroness Stowell of Beeston: There has been no Asked by Lord Thomas of Gresford recent contact between the UK Intellectual Property Office (IPO) and either Liverpool Football Club or To ask Her Majesty’s Government what is their Liverpool City Council regarding use of the Liver estimate of the cost of confiscation proceedings in Bird in their logos. In April 2009, an official from IPO 2010 and 2011 arising out of court hearings, the use held a discussion with representatives of both Liverpool of expert witnesses, enforcement and default prison Football Club and Liverpool City Council to offer sentences. [HL4227] advice in relation to their continued and joint use of the Liver Bird. Lord McNally: HM Courts and Tribunals Service IPO has not discussed this matter with, nor made systems do not identify the cost of confiscation any representations to, the Office for the Harmonisation proceedings, including court hearings, the use of expert of the Internal Market, and is not aware of any witnesses, enforcement and default prison sentences. discussions between that office and Liverpool Football To provide an estimate would require liaising with Club or Liverpool City Council. many government departments and would incur disproportionate costs. Furthermore it is difficult to Localism Act 2011 set an average cost, as some confiscation cases are Question straightforward while others such as fraud are very complex and would be lengthy and include many Asked by Baroness Whitaker specialists. To ask Her Majesty’s Government to what extent the duty to co-operate introduced in the Localism Act 2011 applies to co-operation between public Kenya bodies for individual development sites; and whether Questions they will consider measures to require co-operation Asked by Baroness Kinnock of Holyhead between public bodies and private companies on individual sites. [HL4243] To ask Her Majesty’s Government what consideration they have given to the issue of an The Parliamentary Under-Secretary of State, Department apology to Kenyan victims of torture during the for Communities and Local Government (Baroness Hanham): 1950s Kenyan Emergency. [HL4103] The duty to co-operate applies to the preparation of local and marine plans where local planning authorities, The Senior Minister of State, Department for Communities county councils and prescribed bodies are planning for and Local Government & Foreign and Commonwealth strategic cross-boundary matters. Local planning authorities Office (Baroness Warsi): We understand the pain and report to their communities on their actions under the grievance felt by all those involved in the divisive and duty in their authority monitoring report at least annually. bloody events of the emergency period in Kenya. We The duty is intended to support the joint working acknowledge that the claimants in the related case necessary for good plan-making and this may include currently before the High Court may have suffered work with private partners where appropriate. Public WA 67 Written Answers[LORDS] Written Answers WA 68 bodies subject to the duty are required to have regard NHS: Data to the activities of local enterprise partnerships when Question preparing local plans, bringing together public and private sector organisations. The duty does not apply Asked by Lord Taylor of Goss Moor to the development management process but there is a To ask Her Majesty’s Government what applications similar expectation around effective joint working. they have (1) received, and (2) granted, from organisations which collect data from NHS users in NHS hospital maternity units regarding the permission London Underground: Line Extensions of onward sale of that data to other organisations Question and individuals. [HL4206] Asked by Lord Berkeley To ask Her Majesty’s Government what is their The Parliamentary Under-Secretary of State, Department estimate of the cost of extending the Northern Line of Health (Earl Howe): The Health and Social Care to Battersea Power station; and what contribution Information Centre (HSCIC) is the central body responsible the developer of that site will make. [HL4289] for undertaking national collections of data from health and care organisations, including data on maternity Earl Attlee: The costs of the extension are not services. The HSCIC routinely publishes and shares expected to exceed £1 billion in outturn prices. Further the data it collects so that they can be used to support design works will be required to provide a more accurate the delivery of healthcare services but—crucially—only forecast of the capital costs, which will also be dependent in ways that do not identify individuals. Identifiable on the timing of construction. data are released by the HSCIC only where consent Transport for London is currently working with the has been obtained or where there is another basis in London boroughs of Wandsworth and Lambeth, the law to release it. Greater London Authority and private developers to The HSCIC receives applications for specific extracts finalise the project’s funding and financing solution. of the data it holds to be provided for particular The developer of the Battersea Power Station site is purposes as part of a bespoke data extract service. All committed to providing £211.6 million (this figure will applications for such data extracts are assessed by the be subject to indexation) of funding towards infrastructure centre to ensure there is a valid and appropriate purpose works, as set out in its Section 106 agreement. At least for the intended use of the data. If they include 72% of this will be used to fund the Northern Line identifiable data, the applicant must have the appropriate extension. legal approval to see the data. In addition, a customer of the service can only hold the data having signed a Muslim Brotherhood data reuse agreement which contains strict conditions Question about how the data are to be used. The HSCIC operates this service on a cost recovery Asked by Lord Patten basis. That means that any charges made by HSCIC To ask Her Majesty’s Government what is their cover only the resource cost of providing the data. No assessment of whether the Muslim Brotherhood charge is made for the data itself. presents any terrorist threat globally. [HL4160] The HSCIC records requests for bespoke data extracts according to the customer rather than the subject The Senior Minister of State, Department for Communities matter of the data. As a result, this information is not and Local Government & Foreign and Commonwealth stored in a way that allows any requests which may Office (Baroness Warsi): The Muslim Brotherhood is a have included maternity data to be identified without diverse movement that has its own political parties in a examining every extract request manually. number of countries. We will engage with political Dame Fiona Caldicott is currently leading an parties where they respect the democratic process and independent review, commissioned by the Government, have a commitment to human rights, the rule of law to examine and report on how we can strike the right and non-violence. We do not consider the Muslim balance between appropriately safeguarding people’s Brotherhood to be a terrorist organisation. health and care data while ensuring we are able to harness the enormous power information has to transform NHS: Contracts people’s experience of care. That review is expected to Question report early in 2013. Asked by Lord Beecham To ask Her Majesty’s Government how many NHS: Funding NHS contracts are currently placed with organisations Questions owned by private equity companies. [HL4255] Asked by Baroness Pitkeathley The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government what was the of Health (Earl Howe): Contracts to provide goods cost to the National Health Service in the period and services to National Health Service bodies are 2007-2012, as captured by the National Programme generally let by the NHS bodies themselves. As a Budgeting Database, of funding continuing healthcare consequence the department does not hold information packages for patients’ ongoing health and social on the corporate structure of suppliers awarded these care needs, broken down by medical speciality. contracts. [HL4133] WA 69 Written Answers[8 JANUARY 2013] Written Answers WA 70
To ask Her Majesty’s Government what was the The Parliamentary Under-Secretary of State, Department cost to the National Health Service in the period of Health (Earl Howe): The Liverpool Care Pathway 2007-2012 of funding continuing healthcare packages (LCP) is an option for clinicians to help manage the for patients’ ongoing health and social care needs care of people in their last days or hours of life, arising from problems of vision, broken down by complementing the skill and expertise of the practitioner primary care trust. [HL4134] using it. It requires senior doctors and nurses involved in a patient’s care to agree that death is very likely to be To ask Her Majesty’s Government what was the imminent, and that being placed on the LCP would cost to the National Health Service in the period reduce a patient’s distress, discomfort and pain. That 2007-2012 of funding continuing healthcare packages decision involves the clinician choosing the best approach for patients’ ongoing health and social care needs to care for an individual patient, whether curative arising from neurological problems, broken down treatment, palliative care, or a mixture of both. The by primary care trust. [HL4135] LCP documentation is very clear that the decision should involve the patient and family members wherever The Parliamentary Under-Secretary of State, Department possible. The LCP is not a treatment but a framework of Health (Earl Howe): The cost of funding National for managing treatments. Consent is therefore not Health Service continuing healthcare packages is not required for the LCP itself, but normal consent rules captured specifically by National Programme Budgeting. apply to treatments while someone is on the LCP.If, as Since 2009, the department has collected information part of the discussions between the patient, family and on the total cost of NHS continuing healthcare packages healthcare team, it becomes clear that someone did not through a financial information management system1. wish LCP to be used to help manage their care, then The annual costs are as follows: the healthcare team should respect that choice. 2009-10 - £2,030,071,000; Asked by Lord Alton of Liverpool 2010-11 - £2,186,171,000; and To ask Her Majesty’s Government who has been 2011-12 - £2,324,655,000. appointed to chair their inquiry into the operation This information is not available broken down by of the Liverpool Care Pathway; with whom the medical specialty. chair will be working to conduct that inquiry; and Note: what mandate the inquiry will have. [HL4257] 1This is management information and is not audited for departmental records Earl Howe: We expect to announce the chair of the independent inquiry very shortly. Once the chair is in NHS: General Practitioners place, further details, including the terms of reference Question for the inquiry, will be published. Asked by Lord Taylor of Warwick To ask Her Majesty’s Government what steps North Korea they are taking to minimise patient services being Questions cut by general practitioners. [HL4361] Asked by Lord Alton of Liverpool The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government, further to of Health (Earl Howe): The proposed changes to the the answer by Baroness Warsi on 12 December general practitioners’ (GP) contract for 2013-14 are (Official Report, col. 1064) and following the decision designed to improve the range and quality of services by the Government of North Korea to test its provided by GP practices. ballistic missile technology, what message was conveyed The Government’s evidence to the Review Body on to the ambassador from North Korea during the Doctors’ and Dentists’ Remuneration proposes that meeting to which he was invited at the Foreign and GP practices should also receive an uplift in funding Commonwealth Office on 12 December; what was for 2013-14 to allow up to a 1% increase in pay for his response; and what contact the Foreign Secretary GPs and practice staff and additional funding to has had with the Government of China in preparation reflect increases in non-staff expenses. for the meeting of the United Nations Security Council which will consider this matter. [HL4177]
NHS: Liverpool Care Pathway The Senior Minister of State, Department for Communities Questions and Local Government & Foreign and Commonwealth Asked by Lord Patten Office (Baroness Warsi): The North Korean ambassador was summoned to the Foreign and Commonwealth To ask Her Majesty’s Government whether all Office (FCO) by the Permanent Under-Secretary of patients who are intended to be placed on the Liverpool State for Foreign and Commonwealth Affairs, my Care Pathway, and their legal carers, (1) must be honourable friend the Member for North East Bedfordshire informed by hospital staff of that intention, and (Mr Burt), on 12 December. Alistair Burt condemned (2) have the absolute right to decline this form of North Korea’s satellite launch, made clear that it was a care. [HL4071] violation of UN Security Council Resolution 1874 and WA 71 Written Answers[LORDS] Written Answers WA 72 emphasised the importance of North Korea adhering Ofsted to its international obligations. He also pointed out Question that North Korea should prioritise its resources on feeding its people, avoid further provocative action Asked by Baroness Sharp of Guildford and take urgent steps to re-engage constructively with To ask Her Majesty’s Government, further to the international community. the Written Answer by Lord Hill of Oareford on The ambassador’s response was consistent with 24 September (WA 326) regarding complaints to public statements by the North Koreans. Ofsted, whether details of complaints are made The Minister of State for Foreign and Commonwealth public, and if so where; and what was the outcome Affairs, my right honourable friend the Member for of the two complaints against further education East Devon (Mr Swire), met the North Korean colleges which were not concluded at the time the ambassador on 19 December. He repeated the UK’s Question was answered. [HL4144] strong condemnation of the satellite launch and explained that under international law North Korea must adhere Baroness Garden of Frognal: This question is a to the obligations placed on it by the UN Security matter for Ofsted. The Deputy Chief Inspector, Education, Council. He reiterated the Government’s call for North Children’s Services and Skills, John Goldup, has written Korea to focus its resources on improving the lives of to the noble Baroness, and a copy of his response has the North Korean people. been placed in the House Libraries. The Secretary of State for Foreign and Commonwealth Letter from John Goldup, Deputy Chief Inspector, Affairs, my right honourable friend the Member for Education, Children’s Services and Skills, Ofsted, to Richmond (Yorks) (Mr Hague), did not have any Baroness Sharp of Guildford, dated 13 December 2012. contact himself with the Chinese Government before Yourrecent Parliamentary Question has been passed the UN Security Council meeting on 12 December. to Ofsted for response. Her Majesty’s Chief Inspector However, in advance of the satellite launch, he instructed is away, and I am replying on his behalf. our embassy in Beijing to speak to the Chinese I can confirm that we do not currently make public Government to explain our position. Officials from details of complaints about Ofsted’s work. However, the FCO in London also spoke to the Chinese embassy the annual report of the Independent Complaints and our ambassador to North Korea met the Chinese Adjudication Service for Ofsted (ICASO) evaluates ambassador in Pyongyang to reiterate these messages. how complaints have been handled when complainants Asked by Lord Alton of Liverpool remain dissatisfied following our internal investigations into their concerns. The ICASO annual report is To ask Her Majesty’s Government what discussions available on its website at: http://www. have taken place in the United Nations Security ofstedadjudicationservice.co.uk/ Council following the launch of a ballistic missile In terms of the two complaints by further education by North Korea; what bilateral discussions they colleges where investigations had not been completed have had with China; and what measures are being at the time the previous Parliamentary Question was taken in response by the international community. answered, one related to the inspection judgments [HL4258] awarded, and one related to aspects of inspector conduct, administrative issues and the inspection judgments. None of these concerns was upheld following complaint Baroness Warsi: The UN Security Council held investigations. urgent consultations following the launch on 12 December of North Korea’s Eunha 3 rocket. In that meeting, A copy of this reply has been sent to Lord Hill of members of the Security Council condemned the launch Oareford, Parliamentary Under-Secretary of State for as a clear violation of Security Council resolutions Schools, and will be placed in the Libraries of both 1718 and 1874. They recalled that in April 2012 the Houses. council demanded that North Korea not proceed with any further launches using ballistic missile technology. Older People Consultations on the exact nature of the Security Council’s response are ongoing between council members. Question Officials at the UK Mission to the UN have also Asked by Lord Taylor of Warwick discussed the satellite launch with officials at the Chinese To ask Her Majesty’s Government, further to Mission to the UN as part of wider efforts to secure a the remarks by Baroness Warsi on 14 December strong UN response. Our embassy in Beijing has also (Official Report, col. 1328) that “the mark of a spoken to the Chinese Foreign Ministry and set out good society is how it treats its old people”, what our position in an attempt to secure Chinese support plans they have to encourage people in the United for an appropriate Security Council response. Kingdom to value older people. [HL4228] We and other like-minded partners remain focused on seeing the Security Council agree an appropriate The Senior Minister of State, Department for Communities response to the Democratic People’s Republic of Korea’s and Local Government & Foreign and Commonwealth launch. EU member states will then consider their Office (Baroness Warsi): As the debate on 14 December own response, in light of decisions taken by the Security highlighted, the contribution of older people to our Council. At the same time, other international partners society is considerable and wide-ranging. The people such as South Korea and Japan are also considering who benefit from that contribution—whatever form it bilateral responses to the satellite launch. takes—already hold them with great value. WA 73 Written Answers[8 JANUARY 2013] Written Answers WA 74
Government do recognise the importance of the Lord Newby: The Organisation for the Economic issues facing people in later life and the contribution Co-operation and Development’s (OECD) work is they make to society, but do not assume that they important to help promote a better way of dealing know all the answers. The Age Action Alliance was with profit shifting and the erosion of the corporate created in recognition of the need for a radical shift in tax base at the global level. The OECD will report to approach. The alliance’s vision is informed and driven the G20 Finance Ministers on progress in February by older people themselves, sharing a vision of improving 2013. The timetable and direction for further work by older people’s lives and creating neighbourhoods where the OECD will be set following consideration of the all older people are secure, valued and able to make a February report. contribution to their local communities and wider Given the complex issues involved and the need to society. gather evidence, the voluntary contributions to this UK Older People’s Day is held on 1 October and work will help make progress in achieving concrete celebrates the contribution older people make to our results. society. The purpose of the day is to be a national celebration of the achievements and contributions Overseas Aid that older people make to our society and to the Question economy. Supported by the Department for Work and Pensions, Older People’s Day is a means through Asked by The Earl of Sandwich which we can progressively address negative attitudes and outdated stereotypes. To ask Her Majesty’s Government how much funding the Department for International Development Community events such as the Big Lunch have also has allocated in the last two financial years for shown themselves to be good vehicles for bringing the (1) agriculture, (2) forestry, (3) fisheries, and generations together. In 2012 8.5 million people took (4) livestock, broken down by country. [HL4137] part, with events often involving an intergenerational aspect. In rural Cleveland, targeted support made Baroness Northover: DfID uses input sector codes possible by this department gave an isolated community to collect information on sectoral spend across its a big boost with teenagers helping older residents to bilateral programme. Information on how much is take part in the Big Lunch. spent by sector is published annually through its Statistics on International Development publication and at more Organisation for Economic Co-operation detailed sectoral level through a set of additional and Development tables. This information can be found at the following Question link: http://www.dfid.gov.uk/About-us/How-we- measure-progress/Aid-Statistics/Statistics-on- Asked by Lord Myners International-Development-2012/. To ask Her Majesty’s Government, further to The tables below provide details of bilateral spending the Written Answer by Lord Sassoon on 6 December in agriculture, forestry, fisheries and livestock broken (WA 203–4), whether the voluntary contribution down by country and regional programme in financial of ¤150,000 to the Organisation for Economic years 2010-11 and 2011-12. The department also provides Co-operation and Development “to support rapid finance for these sectors through core contributions to progress on its work to tackle the profit shifting and multilateral organisations. For example, the United the erosion of the corporate tax base at the global Nations Food and Agricultural Organisation (FAO) level” is directly linked to a specific deliverable and received £32 million in 2010-11, with elements of this agreed timetable. [HL4322] funding being used for agricultural purposes.
Bilateral sector spending, by country, 2010-11 £ thousand Country Agriculture Fisheries Forestry Livestock Grand Total
Afghanistan 5,088 - - 6 5,094 Africa Regional 11,984 2,813 1,515 1 16,314 Asia Regional - - 13 - 13 Brazil - - 24 - 24 Burma 2.706 - - 375 3,081 Cambodia 455 280 253 - 988 Cameroon - - 257 - 257 China 884 - - - 884 Ethiopia 15,838 - - - 15,838 Ghana 70 - 607 - 677 India 6,888 - - - 6,888 Indonesia - - 753 - 753 Kenya17---17 Liberia - - 146 - 146 Malawi 4,097 - - - 4,097 Mozambique 192 - - - 192 WA 75 Written Answers[LORDS] Written Answers WA 76
Bilateral sector spending, by country, 2010-11 £ thousand Country Agriculture Fisheries Forestry Livestock Grand Total
Nepal 1,602 - 3,200 - 4,802 Nicaragua 113 - - - 113 Nigeria 294 - - 694 988 Pakistan 2,192 - - - 2,192 Rwanda 4,283 - - - 4,283 South Africa, -319 - - - -319 Republic of 1 South of Sahara 36 - - - 36 Regional St Helena - 169 - - 169 Sudan 1,214 - - - 1,214 Tajikistan, Republic 11 - - - 11 of Tanzania 467 - - - 467 Uganda 334 - - 334 Yemen 1,021 - - - 1,021 Zimbabwe 4,281 - - - 4,281 Non-specific 5,050 48 52,872 1,205 59,174 Country Grand Total 68,799 3,310 59,640 2,281 134,030
1 Reimbursement of funds to programme. 4 Spending on forestry based on Input Sector Codes 31210 2 Spending on agriculture based on Input Sector Codes and 31220. 31110, 31120, 31130 and 31191. 5 Spending on livestock based on Input Sector Codes 31163. 3 Spending on fisheries based on Input Sector Codes 31310 and 31320. - represents zero expenditure
Bilateral sector spending, by country, 2011-12 £ thousand Country Agriculture Fisheries Forestry Livestock Grand Total
Afghanistan 3,540 - - 20 3,560 Africa Regional 3,661 1,834 404 - 5,900 Asia Regional - - 30 - 30 Burma 8,375 - - 875 9,250 Cameroon - - 516 - 516 China - - 44 - 44 Congo (Dem Rep) - - 70 - 70 Ethiopia 16,740 - - - 16,740 Ghana 107 - 167 - 274 India 1,762 - - - 1,762 Indonesia - - 1,036 - 1,036 Kenya - - - 336 336 Malawi 15,246 - - - 15,246 Middle East 200 - - - 200 Mozambique 291 - - - 291 Nepal 1,958 - 3,721 - 5,680 Nigeria 330 - - 573 903 Pakistan 415 - - - 415 Rwanda 7,115 - - - 7,115 Somali Republic 1,394 - - - 1,394 South Sudan 4,380 - 353 - 4.733 Sudan - - 566 - 566 Tajikistan, Republic 72 - - - 72 of Tanzania 3,915 - - - 3.915 Uganda - - 35 - 35 Vietnam 0 0 - - 0 Zambia 22 - - - 22 Zimbabwe 3,883 - - - 3,883 WA 77 Written Answers[8 JANUARY 2013] Written Answers WA 78
Bilateral sector spending, by country, 2011-12 £ thousand Country Agriculture Fisheries Forestry Livestock Grand Total
Non-specific 5,179 4 2,317 1,091 8,591 Country Grand Total 78,587 1,838 9,261 2,895 92,580
1 Spending on agriculture based on Input Sector Codes Pensions 31110, 31120, 31130 and 31191. Questions 2 Spending on fisheries based on Input Sector Codes 31310 and 31320. Asked by Lord Watson of Invergowrie 3 Spending on forestry based on Input Sector Codes 31210 and 31220. To ask Her Majesty’s Government what action 4 Spending on livestock based on Input Sector Codes 31163. they intend to take to ensure that recipients of the - represents zero expenditure. British state pension resident overseas and whose 0 represents expenditure rounded down to zero. pensions are currently frozen will in future have their pensions paid at the same rate as the remaining expatriates whose pensions are uprated. [HL4325] Parliaments: Costs Question The Parliamentary Under-Secretary of State, Department Asked by Lord Stoddart of Swindon for Work and Pensions (Lord Freud): There are no To ask Her Majesty’s Government what are the plans to change the current arrangements for pensions latest figures for the annual total costs, and cost per paid overseas. member, of (1) the House of Lords, (2) the House Asked by Lord Rooker of Commons, and (c) the European Parliament. To ask Her Majesty’s Government whether they [HL4062] have plans to incorporate the £10 Christmas bonus for pensioners into the basic pension, or to abolish it. The Commercial Secretary to the Treasury (Lord [HL4328] Sassoon): The table below sets out the annual cost, number of Members and average cost per Member for the House of Commons, House of Lords and European Lord Freud: The £10 Christmas bonus is paid to Parliament. both pensioners and working-age people in receipt of certain qualifying benefits. Annual cost Number of Expenditure The majority of recipients receive their payment Members per member automatically with whichever qualifying benefit they £ million £ million receive, which keeps administrative costs relatively House of 385 650 0.59 low. There are no plans to change the way the Christmas Commons bonus is paid or to abolish it. House of 109 821-831 0.13 Lords European 1,332 736 1.79 Planning Parliament1 Question Asked by Baroness Whitaker The figures for the House of Commons are taken from the House of Commons annual accounts 2011-122 To ask Her Majesty’s Government what discussions (for both administrative and Members’ budgets) and they have had with the regulators of utility companies the Independent Parliamentary Standards Authority about requiring utility companies to co-operate annual accounts 2011-123. with public bodies in the planning of sustainable The House of Lords figures are for taken from the development. [HL4261] House of Lords annual accounts 2011-124. For the European Parliament, figures are taken from The Parliamentary Under-Secretary of State, Department the European Union Budget of 2011 financial report5. for Communities and Local Government (Baroness Hanham): The European Parliament increased from 736 Members In 2011, the Government undertook a consultation on to 754 from 1 December 2011. the draft Town and Country Planning (Local Planning) 1 Reported annual cost of ¤1,555 million, converted at the (England) Regulations 2012 in which the bodies subject December 2011 exchange rate of ¤1.18 = £1 to the duty to co-operate were prescribed. This was a 2 http://www.parliament.uk/business/publications/commons/ general public consultation and so enabled the regulators resource-accounts of utility companies to put forward their views. The 3 http://parliamentarystandards.org.uk/About%20Us/ consultation also specifically invited views on the list Corporate%20Publications/Annual%20Report%20and% 20Accounts%202011-%202012.pdf of bodies that should be subject to the duty. 4 http://www.publications.parliament.uk/pa/Id/Idresource/35/ A summary of the responses to that consultation 35.pdf was published on 27 March 2012 and is available 5 http://www.europarl.europa.eu/aboutparliament/en/ on the departmental website at: https://www.gov.uk/ 00059f3ea3/The-budget-of-the-European-Parliament.html government/consultations/local-planning-regulations. WA 79 Written Answers[LORDS] Written Answers WA 80
Police: Aid and Development Programmes Police: Overseas Service Questions Question Asked by Lord Chidgey Asked by Lord Chidgey To ask Her Majesty’s Government what assessment To ask Her Majesty’s Government what assessment they have made of opportunities to review the way they have made of the demand for the provision of in which police reform and development is administered United Kingdom policing practice and expertise by overseas in countries where the United Kingdom is countries in Africa. [HL4340] contributing to this process. [HL4309] To ask Her Majesty’s Government what assessment The Senior Minister of State, Department for they have made of the scope for employing United Communities and Local Government & Foreign and Kingdom police forces to deliver appropriate outcomes Commonwealth Office (Baroness Warsi): UK policing in aid and development programmes. [HL4311] is highly regarded internationally, and there is demand for UK policing expertise both through multilateral mechanisms and from specific countries. While we Baroness Northover: The Building Stability Overseas have not made an assessment overall of the demand Strategy sets out the UK’s “whole of government” within Africa for UK policing, requests put to the approach to delivering stability and development outcomes Stabilisation Unit—which co-ordinates all requests overseas. The positive contribution that UK police for “non-operational” policing assistance—suggest that forces can make to deliver development outcomes is demand in Africa, as elsewhere, is high. We currently recognised within this strategy. Appropriate use of have senior UK police officers serving in UN missions UK police expertise and experience for a particular to South Sudan, Liberia and Sierra Leone. programme is assessed on a case-by-case basis. The Government’s Building Stability Overseas Strategy Police reform can make a critical contribution to recognises the contribution that our policing expertise the development of more effective security and justice can make to building security, justice and broader services in developing countries. The UK is currently development outcomes. reviewing its existing approaches for police reform in order to prepare up-to-date guidance based on experience and lessons learnt. Police: Reform Question Asked by Lord Chidgey Police: Cross-Commonwealth Reform To ask Her Majesty’s Government what assessment they have made of the effect on the police of Question outsourcing police reform and development to Asked by Lord Chidgey commercial companies; and, what assessment they have made of the benefits delivered by the investment To ask Her Majesty’s Government what assessment they have committed to such outsourcing to date. they have made of the scope for developing a [HL4341] cross-Commonwealth approach to police reform, including the establishment of a register of police reform service providers within Commonwealth police The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): HM Inspectorate of agencies. [HL4312] Constabulary’s Collaboration Report (July 2012) estimated that forces would save £169 million through collaboration by March 2015, including through collaboration with The Senior Minister of State, Department for Communities the private sector. It is for police and crime commissioners and Local Government & Foreign and Commonwealth and forces to consider whether the private sector can Office (Baroness Warsi): The Commonwealth Secretariat help achieve cost savings and better services for the continues to provide Commonwealth member states public. The police remain a public service, accountable with support on police reform, including facilitating to the people. co-operation between members. A recent example has seen the Secretariat run a programme to strengthen the capacity of the Sierra Leone police force through Population partnership with the Botswana Police College. The Questions UK also continues to provide support to Commonwealth members on police reform through our bilateral aid. Asked by Lord Empey Mostrecently,theDepartmentforInternationalDevelopment To ask Her Majesty’s Government what forecast has funded programmes in Kenya, Sierra Leone, Nigeria they have made of the size of the population of the and Jamaica, and the International Academy of the United Kingdom in 2021. [HL4285] College of Policing provided assistance to 17 Commonwealth countries in 2012 through their training programmes. The Government have not, at this point, made an Lord Wallace of Saltaire: The information requested assessment of scope for further developing a cross- falls within the responsibility of the UK Statistics Commonwealth approach to police reform. Authority. I have asked the authority to reply. WA 81 Written Answers[8 JANUARY 2013] Written Answers WA 82
Letter from Glen Watson, Director General for ONS, Post-2015 Development Agenda to Lord Empey, dated December 2012. Questions As Director General for the Office for National Statistics I have been asked to reply to your question Asked by Lord Chidgey to Her Majesty’s Government asking what forecast To ask Her Majesty’s Government what has been made of the size of the population of the consideration they are giving to promoting a law and United Kingdom in 2021. [HL4285] justice component within the Post-2015 Development Estimates of future population are available as Agenda. [HL4310] population projections. The most recent national population projections are based on mid-year population To ask Her Majesty’s Government whether they estimates for 2010 published in 2011, and they project will push for a post-2015 millennium development the population of the United Kingdom to reach goal of promoting internal security and stability 67.6 million by mid-2021. These projections do not and the rule of law. [HL4339] take account of results of the 2011 Census. National population projections are not forecasts Baroness Northover: Ahead of the UN High-Level and do not attempt to predict the impact of future Panel (HLP) meeting on the post-2015 development government policies, changing economic circumstances goals on 1 November, the UK hosted a day of seminars or the capacity of an area to accommodate a change for panel members on issues that might feature in the in population. They provide an indication of the future new framework. This included sessions on access to size and age structure of the population if recent justice and personal security. demographic trends continued. As co-chair of the High-Level Panel, the Prime Asked by Lord Empey Minister is keen that the post-2015 development goals tackle the root causes of poverty. This includes To ask Her Majesty’s Government which strengthening the rule of law, promoting greater access department or agency is responsible for assessing to justice and providing stable and secure environments population trends in England. [HL4287] for all citizens.
Lord Wallace of Saltaire: The information requested falls within the responsibility of the UK Statistics Post-2015 Millennium Development Goals Authority. I have asked the authority to reply. Questions Letter from Glen Watson, Director General for ONS, Asked by Lord Chidgey to Lord Empey, dated December 2012. As Director General for the Office for National To ask Her Majesty’s Government what procedures Statistics I have been asked to reply to your question they will adopt to engage directly with Members of to Her Majesty’s Government asking which department the House of Commons and the House of Lords in or agency is responsible for assessing population trends providing their input to, and monitoring of, the in England. [HL4287] deliberations of the High-Level Panel on Post-2015 Millennium Development Goals. [HL4244] The Office for National Statistics is responsible for population statistics and analyses population trends in order to produce population projections. Baroness Northover: The International Development Committee has launched an inquiry into the post-2015 development agenda. The Department for International Development, the Department of Energy and Climate Post Office Change and the Department for Environment, Food Question and Rural Affairs provided joint written evidence and the Secretary of State for International Development, Asked by Baroness Byford the right honourable Justine Greening MP, gave oral evidence in November 2012. Her Majesty’s Government To ask Her Majesty’s Government how much of (HMG) Ministers are also engaging directly in the £1.34 billion allocated to the Post Office for parliamentary debates, such as the adjournment debates modernising its network will be spent in rural areas. in the House of Commons (January and October [HL4293] 2012) and the Lords debate in November 2012. HMG are also answering large numbers of Parliamentary Questions about the post-2015 development goals and Baroness Stowell of Beeston: Post Office Ltd’s Network engaging with parliamentarians through All-Party Transformation programme for modernising some 6,000 Parliamentary Groups. branches by 2015 is operating on a voluntary basis Asked by Lord Chidgey and is still in its early stages. It is therefore not possible to indicate how much of the funding will be spent in To ask Her Majesty’s Government which civil rural areas. Of the 307 branches which had converted society organisations have held discussions with to new operating models as at end November 2012, the High-Level Panel on Post-2015 Millennium 162 are classified as rural. Development Goals. [HL4245] WA 83 Written Answers[LORDS] Written Answers WA 84
Baroness Northover: In parallel to the High-Level The Minister of State, Ministry of Justice (Lord Panel meetings, held in New York and London, a McNally): There are a range of specialists employed global online civil society consultation provided the by the National Offender Management Service to opportunity to respond to questions on individual meet the needs of prisoners generally. The service also and household poverty. employs a Muslim adviser to advise specifically on Many members of the High-Level Panel have organised Islamic issues relating to prisoners and to be one of their own national or regional consultations—many the tiers of approval in the appointment process of all of them with civil society representatives. Muslim chaplains. Chaplaincy teams in prisons will Asked by Lord Chidgey include Muslim chaplains whose role includes providing religious and pastoral support to Muslim prisoners. To ask Her Majesty’s Government what topics were discussed, and what were the outcomes of these discussions, at the last meeting of the High-Level Prisons: Lincoln Prison Panel on Post-2015 Millennium Development Goals. Question [HL4246] Asked by Baroness Stern Baroness Northover: The first substantive meeting of the post-2015 High-Level Panel took place in London To ask Her Majesty’s Government whether they in early November. The panel discussed individual have responded to the finding by HM Chief Inspector and household level poverty—with a particular emphasis of Prisons in his report on Lincoln Prison published on human development, jobs and livelihoods. In a day in October 2012 that the data provided evidence of of UK-hosted seminars, panellists also addressed key unequal treatment of black and minority ethnic issues related to poverty reduction with some of the prisoners. [HL4319] world’s foremost experts—including sessions on future social and economic projections, the rule of law and The Minister of State, Ministry of Justice (Lord good stewardship of natural resources. Panellists agreed McNally): NOMS is committed to fairness for all in on a set of questions that set the agenda for the panel’s its duty of care towards prisoners. Prison Service work and will frame its report. They discussed elements Instruction 32/2011 “Ensuring Equality” sets out the of a vision statement where there was strong support policy approach and lists key mandatory actions designed for ending poverty in our time while putting in place to ensure legal compliance in prison establishments. the building blocks of sustained prosperity. This is supplemented by comprehensive guidance. This compliance is audited. In the course of 2012-13 it is proposed to improve on the range and quality of Prisoners: Ethnicity and Religion monitoring data with the aim of driving forward Questions improvements at both national and local levels. Asked by Baroness Uddin Since the inspection of HMP Lincoln a new governor To ask Her Majesty’s Government what information has been appointed and he has introduced new they collect on prisoners’ ethnicity and religious arrangements related to equality issues to engage with backgrounds; and what are the most recent figures prisoners in minority groups, including those from for which information is available. [HL4348] black and minority ethnic communities. To ask Her Majesty’s Government what data As with all establishment inspection reports by they hold on the number of religious conversions in HMIP, NOMS intends to produce an action plan prison. [HL4349] responding to all the recommendations made in the report between three and six months after the date of The Minister of State, Ministry of Justice (Lord publication. I will therefore write to the noble Baroness McNally): Tables A and B provide information on detailing the response to the specific recommendations population in prison establishments by ethnicity and about this matter once the plan has been sent to the religion as at 30 September 2012. chief inspector. Information on the number of prisoners who convert Asked by Baroness Stern to each religion while in prison is not held centrally. The data held centrally relate to prisoners’ current To ask Her Majesty’s Government whether they declared religion, not any previously declared religion. have sought an explanation for the finding of HM These figures have been drawn from administrative Chief Inspector of Prisons in his report on Lincoln IT systems which, as with any large scale recording Prison published in October 2012 that work, training system, are subject to possible errors with data entry and education places in a new academy were almost and processing. empty whilst up to half the prisoners were locked in their cells during the working part of the day. Prisoners: Muslims [HL4321] Question Lord McNally: Since the inspection a new governor Asked by Baroness Uddin has been appointed to HMP Lincoln. He is working To ask Her Majesty’s Government what specialist closely with a new learning and skills provider and advisers are employed within the prison service in other partners to improve and monitor attendance at relation to Muslim detainees; and what are their work, training and education places. They are committed roles and responsibilities. [HL4350] to delivering an appropriate level of offender learning WA 85 Written Answers[8 JANUARY 2013] Written Answers WA 86 to meet the needs of prisoners, and thereby improving Under the station commercial project facility, £328,000 on the previous arrangements and partnership working was awarded in 2011 for new station ticket gates and that existed. £80,000 to improve retail facilities for passengers at Work is also under way on the reorganisation of Denmark Hill. Lincoln, in order to deliver a more effective regime. There is no record of equivalent expenditure at Elephant As with all establishment inspection reports by and Castle. HMIP, NOMS intends to produce an action plan responding to all the recommendations made in the report between three and six months after the date of Rodents publication. I will therefore write to the noble Baroness Questions detailing the response to the specific recommendations Asked by Lord Laird about this matter once the plan has been sent to the To ask Her Majesty’s Government what estimate chief inspector. they have made of the rat population in (1) England, (2) Wales, (3) Greater London, and (4) Northern Railways: Stations Ireland, in each of the past 15 years for which Questions information is available. [HL4121] Asked by Lord Kennedy of Southwark The Parliamentary Under-Secretary of State, Department To ask Her Majesty’s Government what discussions for Environment, Food and Rural Affairs (Lord De they have had with relevant agencies about the Mauley): Defra has made no estimate of the size of the reopening of a rail station in Walworth. [HL4302] rat population in England, Wales, Greater London or Northern Ireland in any of the last 15 years. Earl Attlee: We are not aware of any discussions Defra has published data on rodent presence in that have taken place with agencies about the reopening domestic dwellings. The most recent information published of a rail station in Walworth. by Defra is a report in May 2010 of the interim analysis of rodent presence in domestic properties Asked by Lord Kennedy of Southwark from data for 2005, 2006 and 2007. This reported that To ask Her Majesty’s Government what public there was no significant increase in rat presence inside money has been spent on the following railway dwellings between 1996 and 2007. The presence of rats stations (1) New Cross, (2) New Cross Gate, (3) outside dwellings increased between 1996 and 2001 St John’s, (4) Lewisham, and (5) Ladywell, in 2010 but between 2001 and 2007, although the presence of and 2011. [HL4303] rats outside dwellings fluctuated, there were no statistically significant increases or decreases. Earl Attlee: Under the National Stations Improvement Asked by Lord Laird Programme (NSIP) £695,000 and £95,000 were spent To ask Her Majesty’s Government what steps on improvements to the waiting accommodation at they have (1) taken, and (2) plan to take, to reduce Lewisham Station in 2009-10 and 2010-11 respectively. the rodent population in (a) Greater London, Under the Access for All (AfA) main programme, (b) England, (c) Wales, and (d) Northern Ireland. £138,000 has been spent so far at New Cross towards a [HL4122] £2.5 million project and £171,000 at New Cross Gate towards a £4 million project, most of which will have Lord De Mauley: Responsibility for dealing with been spent in 2010 and 2011. As part of the AfA small problems caused by wild animals normally rests with scheme programme, a further £65,000 was spent at the occupier of the land concerned. New Cross Gate in 2009-10 and 2010-11. Under the Prevention of Damage by Pests Act At Lewisham, a £5.7 million Access for All project 1949, local authorities are responsible for ensuring was completed in 2010, although only a minimal amount that their districts are kept, as far as is practicable, free of this sum would have been spent in 2010. of rats. The Act gives local authorities the power to Asked by Lord Kennedy of Southwark require landowners and occupiers to control rat To ask Her Majesty’s Government how much infestations on their land. A local authority can also, they have spent on (1) Elephant and Castle, and where necessary, carry out the control work itself and (2) Denmark Hill, railway stations in (a) 2010, and recover the cost of such action from the landowner or (b) 2011. [HL4351] occupier. Natural England provides advice on controlling rat infestations; its publication Rats: Options for Controlling Baroness Stowell of Beeston: Under the National Infestations is available on its website. Stations Improvement Programme (NSIP) £11,000, £30,000 and £879,000 was spent on station improvements at Denmark Hill station in 2009-10, 2010-11 and 2011-12 Schools: Primary School Places respectively. Question £3.4 million of funding under the Access for All (AfA) main programme has also been spent towards a Asked by Lord Dykes £4.18 million project at Denmark Hill, which is due To ask Her Majesty’s Government whether they for completion in 2013. Of this, £400,000 was spent in plan to provide extra funding to increase primary 2010 and £1.6 million in 2011. school places in the Greater London area. [HL4046] WA 87 Written Answers[LORDS] Written Answers WA 88
The Parliamentary Under-Secretary of State for Sudan Schools (Lord Hill of Oareford): The department provides Questions basic need funding to local authorities to support the provision of additional pupil places and we will confirm Asked by Lord Avebury the 2013-14 allocations by the end of January 2013. The Chancellor, as part of the recent Autumn Statement, To ask Her Majesty’s Government whether they announced that an additional £980 million of investment will seek to ensure that the Paris Club opposes any to support the creation of new pupil places will be debt relief for Sudan until the Government of that made in schools in England by the end of this Parliament. country have been shown to have ceased all military The department will make further information about action against civilians in Darfur, South Kordofan this funding available in the new year. and Blue Nile. [HL4017] Asked by Lord Dykes The Commercial Secretary to the Treasury (Lord To ask Her Majesty’s Government whether they Sassoon): Any future debt relief for Sudan would take have made any assessment of the availability of place as part of a wider reform programme that may primary school places, including state-funded church be prepared by the IMF and would be subject to schools, in London. [HL4047] decisions made by the boards of the IMF, World Bank and Paris Club, on which the UK Government The Parliamentary Under-Secretary of State for are represented. This would be subject to the same Schools (Lord Hill of Oareford): The department collects requirements and obligations as for any other country. pupil place data from all local authorities through the Annual Schools Capacity Survey. The most recent It is important that the Government of Sudan information, which includes state-funded church schools, demonstrate their full commitment to the reduction of relates to the position as at May 2011 and shows that poverty across the whole country. Ongoing conflicts there were 1,779 primary schools in London providing are a significant cause of poverty and an obstacle to 622,597 primary places. Also as at May 2011, a total the implementation of development plans. of 40,353 unfilled places were available across London. Asked by Baroness Cox The data to provide detail on the May 2012 position will be available in the new year. To ask Her Majesty’s Government what further pressure they will put on the Government of Sudan Scotland: Independence to allow access for humanitarian aid for the peoples Question of South Kordofan and Blue Nile states, particularly in view of the Sudan People’s Liberation Movement Asked by Lord Laird North’s offer to initiate a ceasefire to facilitate To ask Her Majesty’s Government whether they humanitarian aid access. [HL4336] will make representations to the Government of Iceland about the remarks by that country’s President, Baroness Northover: We welcome the statement by Olafur Grimson, that independence for Scotland the Sudan People’s Liberation Movement North on could be the “road towards prosperity and a good 19 December expressing their readiness for a ceasefire. society”. [HL4252] It is now imperative that they, and the Government of Sudan, enter into direct talks immediately and without The Senior Minister of State, Department for Communities preconditions, aimed at a cessation of hostilities. A and Local Government & Foreign and Commonwealth political settlement remains the best hope for the Office (Baroness Warsi): There are no plans for the people of the South Kordofan and Blue Nile states. Government to make representations to the Icelandic Working with the United Nations, African Union, GovernmentaboutthereferendumonScottishindependence. League of Arab States and other international partners, As the Government have made clear, any decisions we will continue to press both sides to co-operate so on Scotland’s future are for the people in Scotland to that we see these talks begin and full humanitarian decide. The Government are confident that Scotland access granted. will choose to remain part of the UK and are therefore not planning for any other outcome. The government position is clear: Scotland is stronger in the UK and Syria the UK is stronger with Scotland in it. Questions Sport: Motor Racing Asked by Lord Hylton Question To ask Her Majesty’s Government what assessment Asked by Lord Rooker they have made of the provision of European Union and other international aid and supplies to Turkey, To ask Her Majesty’s Government what progress Jordan and Lebanon to assist Syrian refugees in they have made regarding allowing motor racing on those countries. [HL4234] closed public roads. [HL4332]
Baroness Stowell of Beeston: The Department for Baroness Northover: The European Union has provided Transport is currently considering the case for making substantial funding for the crisis in Syria, including it easier to hold on-road motor racing events and for refugees in Turkey, Jordan, Lebanon and Iraq. intends to consult in the spring. Total EU humanitarian funding for the Syria response WA 89 Written Answers[8 JANUARY 2013] Written Answers WA 90 to date is well over ¤320 million. ¤120 million of this The Commercial Secretary to the Treasury (Lord total is provided by the European Commission, with Sassoon): All multinationals plan and manage their over ¤200 million by member states. The UK is a tax compliance. The amount of tax they have to pay is leading donor among the EU member states, providing affected by a range of factors, including how they £68.5 million, at least £24 million of which is going to arrange their affairs. There are a range of rules designed help refugees in neighbouring countries. to ensure that profits earned in the UK are taxed here. The UK continues to monitor the situation closely HM Revenue & Customs ensures that multinationals and actively consider what more we can do. We are pay the tax that is due under UK tax law. calling on the international community, including the Asked by Lord Myners EU, to step up and provide more funding, or co-ordinate bilateral assistance with the UN appeals. To ask Her Majesty’s Government what steps they will take to avoid any tax avoidance arising Asked by Baroness Cox from their proposal for employees to exchange shares To ask Her Majesty’s Government whether they for employment rights; and whether they agree with will make representations to the Government of the Office for Budget Responsibility’s assessment of Syria to allow access by international aid organisations the potential risk of avoidance or evasion arising to all civilians including Christians and other religious from the proposal. [HL4085] minorities in Aleppo and Homs. [HL4337] Baroness Northover: The UK is calling on all parties Lord Sassoon: The Government are introducing a to the conflict in Syria to facilitate improved access, new employee shareholder employment status. Employees respect international humanitarian law, facilitate safe adopting the new status will receive a minimum of passage for humanitarian workers and supplies, and £2,000-worth of shares. Any gains made, on up to permit civilians to evacuate conflict zones safely. Most £50,000-worth of shares, will be exempt from capital recently we did this at the Friends of Syria meeting on gains tax (CGT). 12 December 2012. We are also working closely with The Government will take steps to prevent the UN on this matter. The UN’s Humanitarian Affairs manipulation of CGT exemption available on shares and Emergency Relief Co-ordinator, Baroness Amos, received under the status. The draft capital gains tax recently visited Syria and met the Syrian Foreign legislation, published on 11 December 2012, sets out a Minister, Walid Muallem, to discuss humanitarian number of anti-avoidance provisions, including rules access, among other issues. to preserve the integrity of the £50,000 limit and to Asked by Baroness Cox prevent those in control of a company from accessing the CGT exemption. To ask Her Majesty’s Government whether they The Government agree with the Office for Budget will make representations to the Governments of Responsibility (OBR) that predicting take-up of new Greece and Turkey to allow access for refugees policies, such as the new employment status, is difficult. from the fighting in Syria. [HL4338] However, some further clarification is needed. The Baroness Northover: There are over 550,000 refugees OBR refers to tax planning—not avoidance. Encouraging from Syria in Turkey, Lebanon, Jordan and Iraq. We take-up of this targeted employment policy should welcome the generous effort of these countries in not be misconstrued as encouraging avoidance. In hosting thousands of refugees and co-ordinating with addition, the potential costs of the policy referred to the UN-led humanitarian response to assist them. We by the OBR are estimated to take place well beyond have been clear in our engagement with host Governments, the end of the forecast period. including Turkey’s, to press the importance of keeping If further provisions are needed to address particular their borders open to allow refugees to flee the violence avoidance risks, the Government will have the opportunity in Syria, in line with international law. We understand to include these at a later date, with a view to ensuring a small number of Syrians have requested asylum in that this policy does not become disproportionately Greece. The UK is providing assistance to Greece to costly to the taxpayer. The Government keep all areas improve their immigration and asylum management of tax policy under review at all times. in the context of the EU’s support for Greece’s action plan. The UK has provided £68.5 million to assist people Taxation: Income Tax affected by the violence in Syria, including £24 million Question to support refugees. We continue actively to consider Asked by Lord Myners what more we can do to ease the desperate suffering of the Syrian people. To ask Her Majesty’s Government how many people are projected to be paying income tax at the 40% rate in the financial years 2012-13 and 2013-14; Taxation: Avoidance and how many paid income tax at that rate in Questions 2009-10. [HL4004] Asked by Lord Kennedy of Southwark To ask Her Majesty’s Government how many The Commercial Secretary to the Treasury (Lord large multinational companies they estimate are Sassoon): The number of people with higher-rate income trading in the United Kingdom and organising tax liabilities is projected at 4.10 million in 2012-13 their tax affairs to pay little or no corporation tax. and 4.72 million in 2013-14. In 2009-10, 3.19 million [HL4029] people paid income tax at that rate. WA 91 Written Answers[LORDS] Written Answers WA 92
These estimates are based on the 2009-10 Survey of Premier Ewing’s new Government have set out an Personal Incomes data, projected to 2012-13 and 2013-14, ambitious agenda for the Turks and Caicos Islands using economic assumptions consistent with the Office which includes the development of the economy, educating for Budget Responsibility’s December 2012 economic and empowering its people, creating opportunities for and fiscal outlook. its workforce, moving towards self-reliance in key areas, the restoration of national pride and achieving desired Thames Tunnel standards in healthcare and the security of its borders. Question Asked by Lord Berkeley Unemployment To ask Her Majesty’s Government which company Question will be responsible for developing and financing the Asked by Lord Taylor of Warwick construction of the Thames Tunnel Project and whether it will adopt the Equator Principles in To ask Her Majesty’s Government what assessment arranging its financing. [HL4194] they have made of the willingness to work of those experiencing long-term unemployment. [HL4231] The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De The Parliamentary Under-Secretary of State, Department Mauley): Thames Water Utilities Ltd (TWUL) is the for Work and Pensions (Lord Freud): All those counted sewerage undertaker in London and is responsible for in the Labour Force Survey as unemployed, including ensuring a solution to ongoing sewage discharges into the long-term unemployed, must have looked for work the Thames. in the last four weeks and be available to take up work While a final decision is yet to be taken, the current in the next two weeks. People not actively looking for a working assumption is that the proposed Thames job are counted as economically inactive rather than Tideway Tunnel would be financed and built by a unemployed. dedicated infrastructure provider (IP) procured via People claiming jobseeker’s allowance for more than competitive tender by TWUL. The IP would be an 12 months are still required to bring evidence of job independent company separate from TWUL with its search to their fortnightly job search review at the own licence from Ofwat. Jobcentre, in addition to activity they are doing to find Equator Principles are a voluntary set of standards work supported by their work programme provider. developed by private sector banks for determining, assessing and managing environmental and social risks The department is aware of the challenges currently when considering project finance investments. The facing jobseekers in the labour market and a substantial principles are not designed for companies seeking body of support has been put in place to help people investments in utility services under a well established move into work. Jobcentres currently offer claimants a regulatory regime which already balances the economic, comprehensive menu of help including skills provision social and environmental aims of sustainable development. and job search support. This is bolstered by a number of specific measures including work experience placements, It is unlikely that there would be benefit for Thames the work programme, the youth contract and support Water customers in restricting investment to institutions for those looking to start their own business through that have signed up the Equator Principles, but any the new enterprise allowance. tender specification for an IP is for Thames Water to determine within the regulatory framework. Previous recessions have typically seen a rise in inactivity, including more people claiming unemployment-related benefits who had reduced their job search efforts. No Turks and Caicos Islands such trend has been seen this time around: excluding Question full-time students, the inactivity rate is the lowest since Asked by Lord Jones of Cheltenham records began in 1993. To ask Her Majesty’s Government what assessment they have made of progress in the Turks and Caicos Universal Credit Islands since the cessation of direct rule and the Questions election of a new Government in November 2012. [HL4191] Asked by Lord Greaves
The Senior Minister of State, Department for Communities To ask Her Majesty’s Government which areas and Local Government & Foreign and Commonwealth of the country will be covered by the universal Office (Baroness Warsi): The Parliamentary Under-Secretary credit pilots due to commence in April 2013. of State for Foreign and Commonwealth Affairs, my [HL4109] honourable friend the Member for Boston and Skegness (Mr Simmonds), visited the Turks and Caicos Islands The Parliamentary Under-Secretary of State, Department on 26 to 28 November and had discussions with Premier for Work and Pensions (Lord Freud): Pathfinder is the Ewing, his new Government and a wide range of early implementation of universal credit in April 2013, stakeholders. Mr Simmonds and the Premier had a in the Greater Manchester and Cheshire area, which bilateral meeting in London on 3 December and Premier will enable us to test the end-to-end process in advance Ewing took part in the Overseas Territories Joint Ministerial of the national launch of universal credit in October Council from 4 to 5 December. 2013. WA 93 Written Answers[8 JANUARY 2013] Written Answers WA 94
The people who will be able to claim universal credit Lord Newby: The Government have no plans to during pathfinder will be single, unemployed people means-test winter fuel payments or make them taxable. with or without rented housing costs, who live in the The coalition agreement set out that the Government Tameside, Wigan, Oldham and Warrington local authority will protect key benefits for older people, including areas. winter fuel payments. Asked by Lord Greaves To ask Her Majesty’s Government what provision and support will be provided for universal credit Written Ministerial Statements claimants who do not have access to the internet at Question home, and for those who do not have the ability to use the internet. [HL4111] Asked by Lord Hughes of Woodside Lord Freud: Universal credit will be predominantly To ask Her Majesty’s Government, further to the online, although telephony and face-to-face channels Written Answer by Lord Strathclyde on 12 November will remain available. At whatever point claimants (WA 249), and in the light of Recommendation 42 enter the system, they will be signposted to the most of the Report of the Leader’s Group on Working appropriate channel for their needs. Practices (HL Paper 136, Session 2010–12), whether We recognise some claimants do not have access to they will issue guidance that Ministers should publish the internet and will require support to go online. Our written responses to all substantial points raised in current plans are to provide claimants with help to get House of Lords debates and not answered orally in online and to stay online over the phone and to the Official Report as Written Ministerial Statements. provide access to the internet at jobcentres and through [HL4209] partners. Winter Fuel Payments The Chancellor of the Duchy of Lancaster (Lord Question Strathclyde): I do not intend to issue such guidance to Ministers. The Official Report is held in perpetuity Asked by Lord Rooker and covered by parliamentary privilege, and therefore To ask Her Majesty’s Government whether they not every written response by a Minister to a point will consider taxing winter fuel payments for pensioners raised in a debate in the House will be suitable for rather than means-testing those payments.[HL4330] publication as a Written Ministerial Statement.
Tuesday 8 January 2013
ALPHABETICAL INDEX TO WRITTEN STATEMENTS
Col. No. Col. No. Banks: Business Bank...... 1 Flooding...... 11
Copyright ...... 2 Government Car and Dispatch Agency ...... 13 Government: Coalition Government ...... 15 Correction to Commons Written Answer ...... 3 Licensing: Entertainment...... 16 Crime: Domestic Violence ...... 4 NHS: South London Healthcare NHS Trust...... 17 Department for Communities and Local Government ...... 5 Ports ...... 19
EU: European Council ...... 8 Railways: Franchises...... 20
EU: Transport Council...... 9 Youth Justice Board...... 21
Tuesday 8 January 2013
ALPHABETICAL INDEX TO WRITTEN ANSWERS
Col. No. Col. No. Abortion...... 1 Drugs...... 18
Adoption...... 2 Drugs: Orphan Medicines...... 19
Afghanistan...... 3 Economy ...... 19
Agriculture: Soil Management...... 3 Economy: Cost of Living...... 20
Airports: Gatwick and Heathrow ...... 4 Education: English Language ...... 20
Airports: Security ...... 4 Elections: Devolved Administrations...... 21
Armed Forces: Afghanistan...... 5 Elections: Voting Age ...... 21
Arms Trade Treaty...... 5 Embryology ...... 22
Arts: Funding...... 6 Energy: Biofuels ...... 25
Asylum Seekers ...... 6 Energy: Green Deal ...... 25
Bank of England ...... 8 Energy: Prices ...... 25
Banking...... 8 Energy: Smart Meters...... 26
Banking: European Central Bank...... 8 EU: Banking...... 27
Banks: Iceland...... 9 EU: Competence ...... 27
Banks: Lending...... 10 EU: Justice and Home Affairs Powers ...... 27
Benefits...... 10 EU: Prisoner Voting ...... 28
Burma ...... 12 EU: Trade Agreements ...... 28
Carbon Monoxide Poisoning...... 17 European Commission ...... 29
Children: Data Sharing...... 17 Falklands War Veterans...... 29
Dentistry: Dental Hygienists...... 18 Finance: Isle of Man and Channel Islands ...... 30
Drones...... 18 Financial Services Authority...... 31 Col. No. Col. No. Fire and Rescue Service ...... 31 Israel and Palestine...... 60
Food: Climate Change...... 32 Israel and Palestine: West Bank ...... 62
Forced Marriage ...... 32 Justice: Confiscation Orders ...... 63
Gambia...... 33 Kenya ...... 65
Gaza ...... 34 Liver Bird ...... 66
Gibraltar...... 34 Localism Act 2011 ...... 66
Government Departments: Budgets...... 35 London Underground: Line Extensions ...... 67
Government Departments: Legislation...... 35 Muslim Brotherhood ...... 67
Government Departments: Publications...... 36 NHS: Contracts...... 67
Government Departments: Staff...... 37 NHS: Data ...... 68
Government: Ministerial Guidance ...... 37 NHS: Funding...... 68
Guernsey Financial Services Commission ...... 37 NHS: General Practitioners...... 69
Gypsies and Travellers ...... 38 NHS: Liverpool Care Pathway ...... 69
Health: Accident and Emergency Departments ...... 40 North Korea ...... 70
Health: Ambulance Service...... 41 Ofsted...... 72
Health: Asbestos-related Disease...... 42 Older People ...... 72
Health: Atypical Haemolytic Uraemic Syndrome...... 42 Organisation for Economic Co-operation and Development ...... 73 Health: Birth Defects...... 42 Overseas Aid...... 74 Health: Bounty ...... 44 Parliaments: Costs ...... 77 Health: Cardiology ...... 46 Pensions...... 78 Health: Consultancy Services ...... 48
Health: Finance-related Ill-health...... 47 Planning ...... 78
Health: Idiopathic Pulmonary Fibrosis ...... 48 Police: Aid and Development Programmes...... 79
Health: Infection Control ...... 49 Police: Cross-Commonwealth Reform ...... 79
Health: Miscarriage ...... 50 Police: Overseas Service ...... 80
Health: Neurology...... 50 Police: Reform ...... 80
Health: Obesity...... 51 Population ...... 80
Health: Parkinson’s Disease ...... 52 Post Office ...... 81
Higher Education: Modern Languages...... 52 Post-2015 Development Agenda...... 82
Higher Education: Online Courses ...... 53 Post-2015 Millennium Development Goals ...... 82
House of Lords: Appointments ...... 53 Prisoners: Ethnicity and Religion ...... 83
House of Lords: Catering...... 54 Prisoners: Muslims ...... 83
House of Lords: Members...... 54 Prisons: Lincoln Prison...... 84
House of Lords: Private Members’ Bills ...... 55 Railways: Stations...... 85
Housing...... 55 Rodents ...... 86
Immigration: Detention...... 58 Schools: Primary School Places ...... 86
Immigration: Handcuffs ...... 60 Scotland: Independence...... 87
Israel...... 60 Sport: Motor Racing ...... 87 Col. No. Col. No. Sudan ...... 88 Turks and Caicos Islands...... 91
Syria ...... 88 Unemployment...... 92
Taxation: Avoidance ...... 89 Universal Credit ...... 92
Taxation: Income Tax...... 90 Winter Fuel Payments ...... 93
Thames Tunnel ...... 91 Written Ministerial Statements ...... 94 NUMERICAL INDEX TO WRITTEN ANSWERS
Col. No. Col. No. [HL3533] ...... 60 [HL4107] ...... 3
[HL3892] ...... 6 [HL4108] ...... 3
[HL3952] ...... 5 [HL4109] ...... 92
[HL3961] ...... 35 [HL4111] ...... 93
[HL4001] ...... 36 [HL4114] ...... 25
[HL4004] ...... 90 [HL4118] ...... 55
[HL4006] ...... 37 [HL4120] ...... 36
[HL4017] ...... 88 [HL4121] ...... 86
[HL4018] ...... 38 [HL4122] ...... 86
[HL4019] ...... 38 [HL4125] ...... 10
[HL4020] ...... 47 [HL4127] ...... 58
[HL4029] ...... 89 [HL4128] ...... 58
[HL4042] ...... 55 [HL4129] ...... 59
[HL4043] ...... 41 [HL4131] ...... 6
[HL4044] ...... 40 [HL4133] ...... 68
[HL4046] ...... 86 [HL4134] ...... 69
[HL4047] ...... 87 [HL4135] ...... 69
[HL4052] ...... 53 [HL4137] ...... 74
[HL4053] ...... 37 [HL4144] ...... 72
[HL4055] ...... 36 [HL4146] ...... 61
[HL4062] ...... 77 [HL4147] ...... 12
[HL4071] ...... 69 [HL4148] ...... 13
[HL4080] ...... 17 [HL4149] ...... 13
[HL4084] ...... 8 [HL4152] ...... 22
[HL4085] ...... 90 [HL4153] ...... 22
[HL4093] ...... 10 [HL4154] ...... 22
[HL4094] ...... 36 [HL4160] ...... 67
[HL4097] ...... 1 [HL4161] ...... 45
[HL4103] ...... 65 [HL4162] ...... 44
[HL4104] ...... 66 [HL4164] ...... 45 Col. No. Col. No. [HL4166] ...... 45 [HL4212] ...... 42
[HL4167] ...... 11 [HL4213] ...... 43
[HL4168] ...... 8 [HL4214] ...... 43
[HL4170] ...... 8 [HL4215] ...... 44
[HL4173] ...... 50 [HL4217] ...... 27
[HL4174] ...... 24 [HL4218] ...... 19
[HL4175] ...... 24 [HL4219] ...... 37
[HL4176] ...... 24 [HL4220] ...... 20
[HL4177] ...... 70 [HL4221] ...... 30
[HL4178] ...... 32 [HL4222] ...... 63
[HL4179] ...... 32 [HL4223] ...... 63
[HL4180] ...... 14 [HL4224] ...... 63
[HL4181] ...... 14 [HL4225] ...... 64
[HL4182] ...... 15 [HL4226] ...... 64
[HL4184] ...... 61 [HL4227] ...... 65
[HL4185] ...... 62 [HL4228] ...... 72
[HL4186] ...... 34 [HL4229] ...... 20
[HL4187] ...... 60 [HL4230] ...... 18
[HL4188] ...... 61 [HL4231] ...... 92
[HL4189] ...... 34 [HL4232] ...... 53
[HL4190] ...... 51 [HL4233] ...... 48
[HL4191] ...... 91 [HL4234] ...... 88
[HL4192] ...... 54 [HL4235] ...... 18
[HL4194] ...... 91 [HL4236] ...... 7
[HL4196] ...... 49 [HL4238] ...... 56
[HL4197] ...... 49 [HL4239] ...... 56
[HL4198] ...... 35 [HL4240] ...... 56
[HL4201] ...... 33 [HL4241] ...... 57
[HL4202] ...... 33 [HL4242] ...... 57
[HL4203] ...... 33 [HL4243] ...... 66
[HL4204] ...... 33 [HL4244] ...... 82
[HL4205] ...... 32 [HL4245] ...... 82
[HL4206] ...... 68 [HL4246] ...... 83
[HL4207] ...... 46 [HL4247] ...... 25
[HL4208] ...... 46 [HL4248] ...... 42
[HL4209] ...... 94 [HL4251] ...... 28
[HL4210] ...... 18 [HL4252] ...... 87
[HL4211] ...... 42 [HL4253] ...... 9 Col. No. Col. No. [HL4255] ...... 67 [HL4307] ...... 39
[HL4256] ...... 2 [HL4308] ...... 27
[HL4257] ...... 70 [HL4309] ...... 79
[HL4258] ...... 71 [HL4310] ...... 82
[HL4259] ...... 2 [HL4311] ...... 79
[HL4260] ...... 9 [HL4312] ...... 79
[HL4261] ...... 78 [HL4313] ...... 34
[HL4262] ...... 58 [HL4314] ...... 28
[HL4263] ...... 58 [HL4319] ...... 84
[HL4264] ...... 58 [HL4321] ...... 84
[HL4265] ...... 27 [HL4322] ...... 73
[HL4266] ...... 48 [HL4323] ...... 12
[HL4267] ...... 49 [HL4325] ...... 78
[HL4268] ...... 19 [HL4326] ...... 62
[HL4272] ...... 21 [HL4328] ...... 78
[HL4274] ...... 21 [HL4330] ...... 93
[HL4275] ...... 66 [HL4331] ...... 17
[HL4279] ...... 52 [HL4332] ...... 87
[HL4280] ...... 52 [HL4333] ...... 16
[HL4281] ...... 50 [HL4334] ...... 16
[HL4282] ...... 50 [HL4335] ...... 16
[HL4283] ...... 51 [HL4336] ...... 88
[HL4284] ...... 50 [HL4337] ...... 89
[HL4285] ...... 80 [HL4338] ...... 89
[HL4287] ...... 81 [HL4339] ...... 82
[HL4289] ...... 67 [HL4340] ...... 80
[HL4290] ...... 29 [HL4341] ...... 80
[HL4293] ...... 81 [HL4342] ...... 42
[HL4294] ...... 26 [HL4343] ...... 42
[HL4298] ...... 11 [HL4345] ...... 52
[HL4299] ...... 4 [HL4346] ...... 29
[HL4300] ...... 4 [HL4348] ...... 83
[HL4301] ...... 54 [HL4349] ...... 83
[HL4302] ...... 85 [HL4350] ...... 83
[HL4303] ...... 85 [HL4351] ...... 85
[HL4304] ...... 40 [HL4352] ...... 41
[HL4305] ...... 4 [HL4354] ...... 31
[HL4306] ...... 25 [HL4355] ...... 31 Col. No. Col. No. [HL4356] ...... 3 [HL4361] ...... 69
[HL4357] ...... 3 [HL4362] ...... 20
[HL4358] ...... 5 [HL4364] ...... 31
[HL4359] ...... 47 [HL4365] ...... 62 Volume 742 Tuesday No. 89 8 January 2013
CONTENTS
Tuesday 8 January 2013 List of Government and Principal Office Holders and Staff Death of a Member: Lord Rees-Mogg Announcement...... 1 Leader of the House ...... 1 Questions Airports: Capacity ...... 7 Housing: New Homes ...... 10 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2012...... 12 Economy: Effect of US “Fiscal Cliff” Solution ...... 15 Ibrahim Magag: Disappearance Private Notice Question...... 17 NHS: South London Healthcare Trust Private Notice Question ...... 21 Public Service Pensions Bill Order of Consideration Motion...... 25 Growth and Infrastructure Bill Second Reading...... 26 Armed Forces: Future Size Questions for Short Debate...... 110 Grand Committee Public Bodies (Abolition of British Shipbuilders) Order 2013 ...... GC 1 Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 ...... GC 3 Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2012 Considered in Grand Committee ...... GC 6 Sri Lanka Questions for Short Debate ...... GC 13 Written Statements ...... WS 1 Written Answers ...... WA 1